The URL can be used to link to this page

City Council Packet - 07/08/2008 City of Tigard, Oregon 13125 SWHall Blvd. Tigard, OR 97223 TIGARD CITY COUNCIL MEETING July 8, 2008 COUNCIL MEETING WILL BE TELEVISED I:\Ofs\Donna's\Ccpkt 1 Phone: 503.639.4171 . Fax: 503.684.7297 . www.tigard-or.gov . TTY Relay: 503.684.2772 City of Tigard ® Tigard Business Meeting - Agenda TIGARD CITY COUNCIL & LOCAL CONTRACT REVIEW BOARD (LCRB) MEETING DATE: July 8, 2008 MEETING LOCATION: City of Tigard - Town Hall, 13125 SW Hall Blvd., Tigard, OR 97223 ft PUBLIC NOTICE: Anyone wishing to speak on an agenda item should sign on the appropriate sign-up sheet(s). If no sheet is available, ask to be recognized by the Mayor at the beginning of that agenda item. Citizen Communication items are asked to be two minutes or less. Longer matters can be set for a future Agenda by contacting either the Mayor or the City Manager. Times noted are estimated; it is recommended that persons interested in testifying be present by 7:15 p.m. to sign in on the testimony sign-in sheet. Business agenda items can be heard in any order after 7:3012.m. Assistive Listening Devices are available for persons with impaired hearing and should be scheduled for Council meetings by noon on the Monday prior to the Council meeting. Please call 503-639-4171, ext. 2410 (voice) or 503-684-2772 (I"DD - Telecommunications Devices for the Deaf). Upon request, the City will also endeavor to arrange for the following services: • Qualified sign language interpreters for persons with speech or hearing impairments; and • Qualified bilingual interpreters. Since these services must be scheduled with outside service providers, it is important to allow as much lead time as possible. Please notify the City of your need by 5:00 p.m. on the Thursday preceding the meeting by calling: 503-639-4171, ext. 2410 (voice) or 503-684-2772 (IDD - Telecommunications Devices for the Deaf). CABLE VIEWERS: The regular City Council meeting is shown live on Channel 28 at 7:30 p.m. The meeting will be rebroadcast at the following times on Channel 28: Thursday 6:00 p.m. Sunday 11:45 a.m. Friday 10:00 P.M. Monday 6:00 a.m. SEE ATTACHED AGENDA TIGARD CITY COUNCIL/LCRB AGENDA - July 8, 2008 City of Tigard 1 13125 SW Hall Blvd., Tigard, OR 97223 503-639-4171 www.tigard-or.gov I Page 1 of 4 u City of Tigard Tigard Business Meeting - Agenda TIGARD CITY COUNCIL & LOCAL CONTRACT REVIEW BOARD (LCRB) MEETING DATE/TIME: July 8, 2008/6:30 p.m. Study Session and 7:30 p.m. Business Meeting MEETING LOCATION: City of Tigard - Town Hall, 13125 SW Hall Blvd., Tigard, OR 97223 6:30 PM • STUDY SESSION > Discuss City Manager Review Process - Human Resources Department > Discuss Partners for a Sustainable Washington County Community (PSWCC) Proposal - Administration Department > Extension of Fuel Tax Collection Period - Community Development Department • EXECUTIVE SESSION: The Tigard City Council may go into Executive Session. All discussions are confidential and those present may disclose nothing from the Session. 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. 7:30 PM 1. BUSINESS MEETING 1.1 Call to Order - City Council, Local Contract Review Board 1.2 Roll Call 1.3 Pledge of Allegiance 1.4 Council Communications & Liaison Reports 1.5 Call to Council and Staff for Non-Agenda Items 2. CITIZEN COMMUNICATION (Two Minutes or Less, Please) • Citizen Communication - Sign Up Sheet • Follow-up to Previous Citizen Communication TIGARD CITY COUNCIL/LCRB AGENDA - July 8, 2008 City of Tigard 13125 SW Hall Blvd., Tigard, OR 97223 503-639-4171 www.tigard-or.gov Page 2 of 4 3. CONSENT AGENDA: (Tigard City Council and Local Contract Review Board) These items are considered to be routine and may be enacted in one motion without separate discussion. Anyone may request that an item be removed by motion for discussion and separate action. Motion to. 3.1 Approve City Council Minutes for March 25, April 1, 8 and 22, and May 6, 2008 3.2 Receive and File: a. Council Calendar b. Tentative Agenda c. Minutes from joint City Council Meeting with Lake Oswego of April 15, 2008 3.3 Approve Workers Compensation Insurance for City Volunteers - Res. No. 08- Consent Agenda - Items Removed for Separate Discussion These items are considered to be routine and may be enacted in one motion without separate discussion. Anyone may request that an item be removed by motion for discussion and separate action. 4. REQUEST FOR COMMENT - CONSIDER A STIPEND FOR MAYOR/COUNCIL PRESIDENT a. Summation by Administration Department b. Receive Public Comment C. Council Discussion 5. COMPREHENSIVE PLAN WORKSHOP WITH THE PLANNING COMMISSION REGARDING GOAL 14 - URBANIZATION a. Staff Report - Community Development Department b. Council Discussion 6. COMPREHENSIVE PLAN WORKSHOP REGARDING GOAL 5 - NATURAL RESOURCES a Staff Report - Community Development Department b. Council Discussion 7. DISCUSS BARROWS ROAD CLOSURE a. Staff Report - Community Development Department b. Council Discussion 8. COUNCIL LIAISON REPORTS TIGARD CITY COUNCIL/LCRB AGENDA - July 8, 2008 City of Tigard 13125 SW Hall Blvd., Tigard, OR 97223 1 503-639-4171 www.tigard-or.gov Page 3 of 4 9. NON-AGENDA ITEMS 10. EXECUTIVE SESSION: The Tigard City Council may into Executive Session. All discussions are confidential and those present may disclose nothing from the Session. 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. 11. ADJOURNMENT TIGARD CITY COUNCIL/LCRB AGENDA - July 8, 2008 City of Tigard 1 13125 SW Hall Blvd., Tigard, OR 97223 503-639-4171 www.tigard-or.gov Page 4 of 4 I Agenda Item No. L - Council Meeting of City of Tigard - Tigard Business Meetm*g - Minutes TIGARD CITY COUNCIL & LOCAL CONTRACT REVIEW BOARD (LCRB) MEETING DATE /TIME: July 8, 2008/6:30 p.m. Study Session and 7:30 p.m. Business Meeting MEETING LOCATION: City of Tigard - Town Hall, 13125 SW Hall Blvd., Tigard, OR 97223 6:30 PM • STUDY SESSION Track 6 Discuss City Manager Review Process - Human Resources Department Human Resources Director Zodrow reviewed last year's process and forms with the City Council. Copies of the materials distributed are on file in the City Recorder's office. The City Manager's evaluation is scheduled for August 19, 2008. Council members agreed to use the same evaluation form that was used last year. Track 7 Discuss Partners for a Sustainable Washington County Community (PSWCQ Proposal - Administration Department City Manager Prosser introduced this item. Council members had received a July 3, 2008, memorandum from Assistant City Manager Newton regarding the above-captioned proposal, which will endeavor to become a clearinghouse for information on sustainability. Assistant CityManager Newton facilitated the discussion with the City Council regarding this matter. When City Council considered this proposal and request for City of Tigard's participation on February 12, 2008, the City Council decided not to budget funds for this effort. Council discussion on this renewed request included the following topics: • Vision Action Network (VAN) - discussed whether the City Council decided to join this year when it reviewed the Social Services allocations for this fiscal year. The PSWCC is a proposal created by VAN. • An overview of how the PSWCC would be structured, staffed, and its mission. • A review of the elements of the agreement. • Potential benefit to the City of Tigard is that we would get information to communicate and educate with our citizens regarding sustainability. • Concern expressed that we could get this information ourselves. • Concern about the contribution of Tigard's share of $9,200 a year for three years. Councilor Sherwood commented that she would rather have these dollars spent elsewhere; i.e., Mayor stipend or to the Vision Action Network where there is a lot of information sharing. • City Manager Prosser suggested the PSWCC should be a public/private partnership. • Councilor Sherwood noted she thought the Westside Economic Alliance should take charge on this endeavor noting they already have the infrastructure. TIGARD CITY COUNCIL/LCRB MINUTES - July 8, 2008 City of Tigard 13125 SW Hall Blvd., Tigard, OR 97223 1 503-639-4171 www.tigard-or.gov Page 1 of 19 • City Manager Prosser reviewed the financial support for the PSWCC and if an identified potential participant does not participate, then those that do participate will pay an increased cost for participation because the amount of funding for the proposal will not be reduced. • Assistant CityManager Newton reviewed the startup projects proposed. • Mayor Dirksen commented on all of the activity regarding sustainability that has been occurring recently. He said this is not something to be tacked on top of everything else you are doing; rather, sustainability should be part of everything a jurisdiction does and this is what Tigard has tried to do. For example, as we've replaced vehicles, the City has purchased hybrids. Conservation of water and electricity and recycling have consistently been a topic on the Cit/s website and practices. • Assistant CityManager Newton said that most of the information and resources to be offered through the proposed PSWCC could be obtained on the internet. Perhaps there would be some research needed, however. • Councilor Sherwood advised that this program would be physically located at Portland Community College. • Assistant CityManager Newton said the Tualatin Valley Water District and Clean Water Services are interested in the best management practices portion of the proposal. The County is concerned because they are feeling pressure to offer more in the area of sustainability and they do not feel they can bear the financial burden of creating an office. Her impression was that, at first, this was going to be a County Office of Sustainability. • Councilor Wilson suggested that whatever your discipline is; i.e., delivering water and you are interested in conserving water, then you should be looking across the country to your colleagues. CityManager Prosser advised the TVWD has done a lot towards this end to keep abreast of technology and also have a staff person designated as a sustainability coordinator. The coordinator indicated that a lot of time is spent looking for information on the Web. One of the advantages to PSWC C is that they will be looking for this type of information so it will be more like "one-stop shopping" for resources. • CityManager Prosser referred again to a public/private organization, which he thinks would be the best way to go about developing a regional sustainability program If the City of Tigard decides not to join now, we could join later. • Councilor Buehner said that perhaps a recommendation be made to approach the Westside Economic Alliance. Councilor Sherwood commented that Jonathan Scheulter is a leader in taking all kinds of challenges in this County and she conjectured that he would see the benefit of this type of endeavor. • Councilor Woodruff noted the City of Tigard is a paying member of the Regional Water Consortium, which also contributes to sustainable practices. • Councilor Sherwood said she would rather contribute $2000 to the Vision Action Network. • Councilor Buehner added that the City of Tigard has a water conservation specialist in the Water Division. Council consensus was it would not join the PSWCC at this time. Track S > Extension of Fuel Tax Collection Period - Community Development Department City Engineer Duenas reviewed this item with the City Council. He referred to his discussion with the City Council earlier this year and direction to staff was to seek Oregon Department of Transportation (ODO1) assistance. ODOT's funding is totally committed for the next five years and funding cuts are expected in the years beyond. No funds are available from ODOT for the Greenburg Road/1-frghway99W/Main Street intersection improvements. City Engineer Duenas asked if the City Council was ready to move TIGARD CITY COUNCIL/LCRB MINUTES - July 8, 2008 Cityof Tigard 13125 SW Hall Blvd., Tigard, OR 97223 503-639-4171 www.tigard-or.gov Page 2 of 19 ahead on extending the fuel tax period. Councilor Sherwood said she thought the City Council needed to extend the tax period. Councilor Buehner asked when the City has to out for bonding. CityEngineer. Duenas said when we get ready to buy right of way. The project is about 50 percent designed. Within a year, we should be ready to buy property. Council consideration of an extension for the administration and collection of gas tax will be scheduled for a future City Council agenda. Councilor Sherwood said that at the same time the City is getting this intersection project ready to go, that the City not give up on the state or any federal money. City Manager Prosser advised the City Council on the process for the bonding of the project. In response to a question from Councilor Woodruff about a press release on the City Council's plan to consider an extension of the fuel tax, City Engineer Duenas advised that the Council would hold a public hearing. During comments, CityManager Prosser reminded the City Council that in the Citizen Attitude Survey two-thirds of the respondents said to either raise the tax or extend the funding period. Track 9 • ADMINISTRATIVE ITEMS: o Muscular Dystrophy Association - Fund Raising on September 10, 2008 - Red Robin ■ The Mayor and City Council members indicated they would not be participating this year. Tmck 10 o Karen Gardner Retiring July 31, 2008 -Celebration Lunch on July 30, 11:30 a.m. - 1 p.m. ■ City Manager Prosser and the City Council discussed Ms. Gardner's tenure at the Senior Center. The City Council indicated they would like to do a special acknowledgement for Ms. Gardner through a Resolution of Recognition. Councilor Sherwood said she would attend the lunch cited above. Mayor Dirksen noted that the Senior Center has grown and there are other activities that occur there besides those for seniors. Track 11 Mayor Dirksen suggested the name be changed from the Tigard Senior Center to the Tigard Center to recognize there are other uses and opportunities for other uses for this facility as well. There was a discussion about the future of senior centers. City Manager Prosser said staff has been putting together a facilities plan, which will be brought forward to the City Council eventually. The architect said the trend is to fold senior centers into community centers so it becomes an intergenerational center. City Manager Prosser noted that because the facility was funded by Community Development Block Grant funds, research would be needed to determine if there are any restrictions. There was City Council discussion on the types of meetings that could be held there, including Council workshops. Councilor Wilson suggested the facility be called the Tigard Community Center. Councilor Woodruff noted the Park and Recreation Advisory Board might want to have input to this idea with their interest in establishing a community center. Track 12 o City Manager Prosser reviewed the City Council calendar: ■ The next Fifth Tuesday meeting is July 29, 2008. Council discussed 5' Tuesdays in general and whether to reduce the number of these meetings. During discussion on this item, City TIGARD CITY COUNCIL/LCRB MINUTES - July 8, 2008 Cityof Tigard 13125 SW Hall Blvd., Tigard, OR 97223 503-639-4171 www.tigard-or.gov Page 3 of 19 Manager Prosser mentioned the Mayor suggested the City Council might want to consider holding its monthly workshop meeting at various locations in the City. After discussion, the City Council decided it would like to continue with the 5`h Tuesday meetings. The Council would be interested in hearing how to make these meetings work better but generally support continuing holding these meetings because it provides an opportunity for citizens to meet with them in a less formal setting. Councilor Wilson suggested this might be a good meeting to hold in other locations in the City rather than moving the Council workshop meetings. ■ Council decided to cancel the August 19, 2008, City Council workshop meeting; no items have been scheduled on this agenda so far. Mayor Dirksen advised he would prefer to have shorter, more frequent meetings rather than meetings that go late into the night. A special meeting tentatively scheduled for September 2, 2008, to review Comprehensive Plan amendments was cancelled. Council will review these amendments on September 9, 2008. hack 1 ■ Councilor Wilson advised he was contacted by Dan Quello regarding support by the City of Tigard for the renewal of the historic designation of his property. This item will be scheduled for City Council consideration at a future meeting; likely August 5, 2008. Staff will follow up. ■ The Barrows Road agenda item will be moved up on the business agenda after the consideration of the Consent Agenda. Track 14 ■ Mayor Dirksen advised that the Washington County Coordinating Committee is looking at different ideas of phasing in an effective date of the increase for the new Traffic Impact Fee. Different suggestions were made and Mayor Dirksen asked for the City Council's opinion on these ideas. He distributed information to the City Council outlining four alternatives for phasing and effective date alternatives. This information is on file in the City Recorder's office. Washington County Coordinating Committee seems to prefer Alternative No. 4. Mayor Dirksen said he made two suggestions to Washington County Coordinating Committee: 1) The tax should be phased in over a total of four years, which would mean that it would take effect, after voted on, with an immediate 25 percent increase. At the end of the first year, there would be another 25 percent increase. In four years, the total tax increase would be totally in place. 2) The fourth alternative includes a 10 percent annual adjustment for inflation. Mayor Dirksen suggested that it be "up to 10 percent" and this could be determined by the Washington County Coordinating Committee based on economic factors. Councilor Buehner said she agreed with the Mayor's suggestion for the inflation adjustment. She said she had a concern that Tigard citizens have been complaining for years about how much they are subsidizing development. She said she was unsure whether she was supportive delaying the total tax over four years and indicated she might be more willing to support a two-year implementation time frame. TIGARD CITY COUNCIL/LCRB MINUTES - July 8, 2008 City of Tigard 13125 SW Hall Blvd., Tigard, OR 97223 1 503-639-4171 www.tigard-or.gov Page 4 of 19 Councilor Wilson asked how the money collected is distributed. Mayor Dirksen and City Engineer Duenas advised money is collected locally. The City must petition to use the money for particular projects. Councilor Wilson gave the examples of Areas 63 and 64 whereby the County would collect and control the funds that will be collected here. He asked where this money would be spent; would it be likely that it would be used to mitigate impacts on Scholls Ferry Road or Highway 99W. Mayor Dirksen responded that the money is not segregated by where it is collected; projects must meet criteria. The County TIF can only be spent on arterials and collectors. Councilor Wilson noted the Council will be discussing Barrows Road later this evening and said this would have been a "perfect project" for OF money referring to the development impacts to this road. Councilor Sherwood asked whether there would be any relief provided for churches and nonprofit organizations. Mayor Dirksen responded that the WCCC was looking at impacts; i.e., the fee won't automatically double for everyone. The fee will average to be double over what is now being collected; however, the fee will be different for different uses. Churches will have their own use category. In addition, the WCCC is considering a cap. He explained the law that provides for a formula taking into account the impact of the use. However, by developing the formula, it was found that some uses would have experienced a ten-fold+increase, which is whya cap is being considered. City Attorney Ramis said from a Constitutional standpoint, churches could not be exempted as a category; everyone must be charged based on impact. Churches, generally speaking, have a greater traffic draw during off-peak hours. Councilor Wilson said he'd rather not collect the money if it is wasted. People pay the fee when they buy their homes. Councilor Buehner said if the money is not collected, then the current citizens will be "picking up the slack." Councilor Wilson clarified that the money is needed, but based on what he has seen lately he would like more confidence with how the County will spend it. Mayor Dirksen said that the TTF collected by Tigard within city limits is spent on projects we identify. He added that he has not seen any jurisdiction come to the WCOC be denied a petition. In response to a comment from Councilor Buehner, Mayor Dirksen and City Engineer Duenas clarified that the County goes through the same petition process before the WCCC as other jurisdictions. Discussion followed regarding how TIF money is collected and spent and the peril of being too restrictive. The fees collected should be to lessen impacts systemwide. For example, when Areas 63 and 64 are developed, impacts will be experienced on the intersections on Highway 99W. Councilor Buehner suggested it be an important criteria that money collected in an area be spent within that area. City Attorney Ramis suggested that the set of criteria followed by WCCC when funding is allocated be reviewed. Mayor Dirksen noted there has been discussion regarding TIF credits for developers, which would give local jurisdictions the option that instead of paying them allowance to have them agree to do more improvements than required by the development in return for a credit. TIGARD CITY COUNCIL/LCRB MINUTES - July 8, 2008 n 7 City o' Tigard 13125 SW Hall Blvd., Tigard, OR 97223 503-639-4171 www.tigard-or.gov Page S of 19 • EXECUTIVE SESSION. Not held. 1. BUSINESS MEETING 1.1 Mayor Dirksen called the meeting to order at 7:32 p.m 1.2 Roll Call 1.3 Pledge of Allegiance 7:32:45 Pb1 1.4 Council Communications & Liaison Reports: None 1.5 Call to Council and Staff for Non-Agenda Items: None 2. CITIZEN COMMUNICATION _7:33:52 PM • Citizen Communication ■ Vlasta N. Barber, 11120 SW Summer Lake, Tigard, Oregon and Pat Anderson Keerins, Tigard, Oregon, announced their upcoming 65`h reunion of their graduating class from Tigard Union High School, which was located where there is now a McDonald's restaurant on Main Street. Mayor Dirksen provided certificates, which he signed for each member of the class expressing the following message: TO: Tigard Union High School Class of 1943 on this occasion of your 65'h class reunion July 20 and 21, 2008 The City of Tigard extends to you Greetings and Best Wishes for a happy celebration. The City of Tigard pays tribute to the Class of '43, twenty-one of whom served in the armed forces during World War II, one dying on D-Day on Omaha Beach. We sincerely hope you hold fond memories in your minds and hearts of the City of Tigard ■ Isador Morgavi, 15145 SW 119`h Avenue, Tigard, Oregon reported a problem with accessing the Gn/s website. CityManager Prosser explained that the problem was caused by a hacker who accessed the City's event calendar causing Google to block the website and reporting "malicious software." Staff is working to correct the situation; for now, a portion of the website is offline. Mr. Morgavi said the city has claimed for years that it subsidizes the unincorporated area however he believes this information is incorrect. 7:44:30 PM Mr. Morgavi referred to a County auditor's report which concluded that the urban unincorporated area contributes more in taxes than it TIGARD CITY COUNCIL/LCRB MINUTES - July 8, 2008 Cityof Tigard 13125 SW Hall Blvd., Tigard, OR 97223 1 503-639-4171 www.tigard-or.gov Page 6 of 19 receives in services (4.9%). CityManager Prosser responded that this study was done three or four years ago by the County and looked only at County revenue and County services. The analysis did not include statistics on what cities contribute to the County, i.e., back-up police services, parks, economic development, and libraries. Mr. Morgavi maintained that it was time to factually address these matters. ■ Alexander Carsh, Vice President of the Tigard Youth Advisory Council ('I'YAQ presented an update on the TYAC activities. Recent projects included: blanket drive (86 blankets and $100 collected), THOT workshop, and bicycle safety fair. Hiro Nukaga reported on the THOT workshop where speakers presented information for teens regarding cultural diversity, setting goals, and keeping a positive attitude. Mayor Dirksen also attended this workshop and answered questions about City government. Narintohn Luangrath reported on the bicycle festival, which was held May 10. This was more successful than they anticipated. More than 200 youth attended. Fifty bike helmets were given away, attendees traveled through a bike agility course, and a police officer talked about safety and demonstrated how a bike helmet should be worn. Tigard High School's Key Club, the National Honor Society, and the TYAC set up booths on safety topics. The TYAC is considering whether to hold this event again next year. Alexander Carsh reported on upcoming projects: movie nights (quarterly), and helping prepare a dinner at the Good Neighbor Center. Mayor Dirksen noted his thanks for the TYAC hosted movie nights. These are well attended and appreciated by Tigard citizens. Councilor Sherwood added her thanks on behalf of the Good Neighbor Center. Councilor Woodruff asked for more regular reports from TYAC because it's good to know about the projects this Council is undertaking for the community. Councilor Buehner said the blanket drive is wonderful and suggested it start earlier in the fall to reach people before Christmas. • Follow-up to Previous Citizen Communication: None Mayor Dirksen extended a "happy wedding anniversary" greeting to Mrs. Jackie Dirksen - No. 36! 7:57:48 PM Mayor Dirksen reviewed the Consent Agenda: 3. CONSENT AGENDA: (Tigannl City Camcd and Local Contract ReuewBa4 3.1 Approve City Council Minutes for March 25, April 1, 8 and 22, and May 6, 2008 3.2 Receive and File: a. Council Calendar b. Tentative Agenda c. Minutes from joint City Council Meeting with Lake Oswego of April 15, 2008 3.3 Approve Workers Compensation Insurance for City Volunteers - Res. No. 08-37 A RESOLUTION EXTENDING CITY OF TIGARD'S WORKERS' COMPENSATION COVERAGE TO VOLUNTEERS OF THE CITY Motion by Councilor Woodruff, seconded by Councilor Sherwood, to approve the Consent Agenda. TIGARD CITY COUNCIL/LCRB MINUTES - July 8, 2008 City of Tigard yw 13125 SW Hall Blvd., Tigard, OR 97223 503-639-4171 www.tigard-or.gov Page 7 of 19 Mayor Dirksen Yes '~CouncilorBuehner Yes Councilor Wilson Yes Councilor Sherwood Yes Councilor Woodruff Yes The motion was approved by a unanimous vote of Council present. "Councilor Buehner requested that the record reflect that she was abstaining from voting on the April 22, 2008, City Council minutes since she was not present at this meeting. 7:59:25 PM Item No. 7 was heard at this time out of agenda order: DISCUSS BARROWS ROAD CLOSURE City Engineer Duenas presented the staff report. When the County proposed closure of Barrows Road near the bridge, there was a lot of discussion about ways to keep the road open: Tigard staff met recently with the City of Beaverton and Washington County staff to talk about repair of the existing bridge in an effort to keep the street open. At a June 24 meeting among the staff from the three jurisdictions, some of the conclusions reached were: ■ The County thinks they can repair the bridge for a cost between $100,000 to $150,00. ■ The repair would involve replacing the deck with a new timber deck ■ The new bridge would have a life of, about 20 years. ■ The request is for a two-lane section. City Engineer Duenas said the direction he needs from the City Council is whether they would agree to a three- way split on the cost of the repair of the bridge: City of Tigard, City of Beaverton and Washington County. The County is also asking is that jurisdiction of the road be transferred to the City of Tigard and the City of Beaverton jointly. The City of Beaverton had no objections to this. We need to enter into an agreement with the City of Beaverton to work out the details as to how to keep the road maintained and to have consistent standards on both sides of the roads. These details can be worked out later. Tigard's cost for the repair is estimated to be $35,000 to $50,000. Before the cities would accept jurisdiction of the road, it would have to be brought up to an acceptable standard. Councilor Buehner asked if this was for the entire length of Barrows or just a section. City Engineer Duenas responded it was for the section of Barrows Road from Schoos Ferry to the signal at Walnut Street. Beaverton has jurisdiction of the 'remaining part of Barrows Road. Councilor Wilson asked about the County's philosophy regarding disposing of roads. City Engineer Duenas advised that the County's philosophy is that if the road is not on the county-wide system and not important to the County for transportation, then they would like to relinquish jurisdiction to a city or a surrounding authority. In this case, the County has been looking to transfer jurisdiction of Barrows Road for a long time. Beaverton accepted a portion at the time of the realignment of Barrows Road through a new development. This is the last remaining piece from Walnut Street to Schools Ferry. City Engineer Duenas said this road does not playa big role in the County's plans. Beaverton has a long-term plan to realign Barrows Road to connect to Davies Road; however, this might not happen because it will be an expensive project. In the meantime, the repair will keep the road open for 15-20 years or until the Davies Road connection is made - "it buys us a lot more time and it can pass truck traffic safely." TIGARD CITY COUNCIL/LCRB MINUTES - July 8, 2008 cGty of Tigard 13125 SW Hall Blvd., Tigard, OR 97223 1 503-639-4171 www.tigard-or.gov Page 8 of 19 Councilor Wilson said Tigard has fewer lane miles of County roads than any other city in the County except for Gaston. He noted that gas tax money is split between cities and counties differently. The cities received 16 percent of the total amount collected based on population. The counties receive 24 percent of the total amount based on vehicle registrations. When the money is received, it is spent only on county roads. Beaverton and Hillsboro have quite a few county roads within their jurisdictions. This is a concern as we give up more county roads. He added it was likelythat the Countywould not improve Barrows Road regardless since it is a small road that does not fit within plans. Scholls Ferry is a major road. He was calling this situation to everyone's attention in that we are probably getting the "short end of the stick, here." Councilor Woodruff asked if we take ownership of the road, along with Beaverton, does that mean the County is out of any financial responsibility for the bridge going forward? Mayor Dirksen and City Engineer Duenas responded that the County would assist financially with the bridge repair, however, from the point of the transfer of the jurisdiction the County, would not be responsible financially. Beaverton did not want to accept the road with the bridge in its present condition. Councilor Buehner asked if it was likely the County would require a right-in, right-out to reduce traffic congestion. City Engineer Duenas said this would be a possibility but he did not think this would happen soon. Councilor Buehner said traffic lights need to be synchronized on Scholls Ferry at two intersections: 135' Avenue/Scholls and Barrows Road/Scholls. CityEngineer Duenas said it doesn't function because the distance for traffic stacking is too short. Mayor Dirksen suggested that eventually the cities and County will consider eliminating the signal at Barrows Road and there would be no left tum off of Scholls Ferry Road onto Barrows Road. Councilor Woodruff noted the Council has received a lot of communication on the closure of this section of Barrows Road. He pointed out that a lot of work has been done byMayor Dirksen, Councilor Wilson and City Engineer Duenas to keep the road open. In response to a question from Councilor Woodruff, City Engineer Duenas advised that the repair work on the bridge would likely come from gas tax funds. However, with the Burnham Street project slowing down, there should be sufficient funds to cover this. Councilor Sherwood said it makes sense to move forward on this project. Staff has done a great job in responding once we received notice of the road closure and she thanked City Engineer Duenas for doing everything possible to keep it open. 8:09:41 PM City Engineer Duenas advised there is a CPO 4B meeting tonight and the Barrows Road matter will be discussed. Councilor Buehner suggested that information regarding the proposal to keep the road open be placed in the GPO's upcoming monthly newsletter. 8:10:14 PM Motion by Councilor Buehner, to agree to move forward with the other jurisdictions to divide the cost three ways, up to a total of $150,000, for the total cost of the project and to go into negotiation for ownership transfer. The motion was approved by a unanimous vote of Council present. Mayor Dirksen Yes Councilor Buehner Yes Councilor Wilson Yes Councilor Sherwood Yes Councilor Woodruff Yes TIGARD CITY COUNCIL/LCRB _MINUTES - July 8, 2008 City of Tigard 1 13125 SW Hall Blvd., Tigard, OR 97223 1 503-639-4171 www.tigard-or.gov Page 9 of 19 4. REQUEST FOR COMMENT - CONSIDER A STIPEND FOR MAYOR/COUNCILYRESIDENT 8:11:43 Prq Assistant City Manager Newton summarized the staff report. A copy of a letter commenting on the proposed stipend was received from Tigard resident Linda Monahan. This letter dated June 10, 2008, is on file in the City Recorder's office. Tigard Municipal Code Chapter 2.44 authorizes the long-standing practice of compensating the Council members. Ms. Newton also referred to a list, contained in the packet information for this item, of the boards and committees (City and regional) that the Council members are expected to serve and represent the City of Tigard as liaisons. Two members of the Council Service Task Force, Sue Yeshilda and Jason Snider, were present to provide information regarding the recommendations of the Task Force. These recommendations were presented previously to the City Council and public. One of the recommendations was to consider leaving the compensation for current Council members at the current level with one exception: Budget up to $42,000 annually for one elected official (Mayor or Council member) to be compensated up to 20 hours per week to assume specific additional Council responsibilities. Ensuing discussion between the Council Task Force Members and the City Council including the following: o Observations by the Task Force as they looked to attract citizens to leadership positions led to a concern that there is a lack of participation by younger people in the political process. .o Tigard needs to have an active presence on regional committees within the metropolitan area. There is additional pressure to have an elected official attend an increasing number of meetings to represent Tigard to have "our voice be heard" and to receive funding for projects that will benefit our area. o Reference was made to the Mayor's calendar for the last 4 months: 21 outside meetings, 4 City Council meetings; 14 of these meetings were in the evening and all others occurred during the day. . o Task Force members did not recommend that the additional compensation be automatic. This would be granted to one of its members to keep it flexible. o This recommendation is for the Mayor (or other Council member) to attend meetings; this is not a proposal for the Mayor to ran dayto-dayCity operations. This is intended to give the abilityto have an elected representative spend more time representing the City and take the pressure off other City Councilors from some of the meetings that call for elected official representation in order to be able to vote on issues. o Staff checked with other Oregon jurisdictions and out of 13 contacted, only two mayors had regular, full- time jobs. The Task Force questioned whether the City wants to maintain a system so that only certain individuals are likely to run for public office; i.e., self-employed, financially independent, or retired. Public Testimony. Opponent o Linda Monahan, 10248 SW Kent Court, Tigard, OR presented testimony summarized below: ■ This proposal was first announced as a stipend for the Mayor and Council members to cover meetings to further the City's interest. Then the proposal was to make the Mayor a part-time City employee to focus on transportation issues. Last week's article in the Orzgorim referred to the proposal as a stipend for the Mayor and Council President. She said it would be helpful if the City was transparent about what the proposal is and what it is expected to accomplish. ■ There are other alternatives that could be entertained before a "$45,000" stipend is utilized. For example, meeting commitments could be more evenly divided among current Council members. In essence, have the current Council members earn their keep. She said the current stipend and TIGARD CITY COUNCIL/LCRB MINUTES - July 8, 2008 Ciry of Tigard 13125 SW Hall Blvd., Tigard, OR 97223 503-639-4171 www.tigard-or.gov Page 10 of 19 potential health insurance benefits adds up to about $16,000 per year. Other cities in the County and in the region manage to share the load without resorting to adding a $45,000 stipend or making the Mayor a part-time Cityemployee. ■ If there are other meetings that do not require an elected official's presence, those meetings could be staffed by the City Manager or his designee. Those staff are well versed in advancing the Council's positions. ■ If the Council is concerned about Tigard getting its fair share of transportation dollars, then hire a qualified lobbyist or grant writer. This option would have a better chance of success than-paying a Mayor and Council member more for their volunteer service. Councilor Wilson commented that he did not think the City Council lacked transparency. This proposal has not been accurately represented in the media; particularly, in the Tigvd Ties the proposal was incorrectly reviewed 'man editorial. Councilor Wilson said he did not believe the proposal had changed since it was originally proposed. He clarified that the proposal is not for both the Mayor and the Council president nor has it ever been proposed to be for both. He also also commented on evenly dividing the workload among the City Council members. At this time, he is not serving on any of the committees. During his fast term, Councilor Wilson said he found the workload overwhelming. He said he is self-employed and has the option to rearrange his schedule to attend meetings; however, his experience was that he was so busy with his work and was overwhelmed with meetings during business hours that he chose not to run for City Council again. When Councilor Harding resigned, the City Council asked him to come back to fill the vacancy. He agreed if he could be relieved of some of those obligations. For him, these obligations had a negative impact with regard to his decision to serve on the Council. He said he resented implication that any of the City Council members do not earn their keep noting the numerous hours required each week for Tigard-related business alone. 8:29:59 PM He noted his agreement with the Ms. Monahan's concern about the loss of the citizen Mayor. This is the issue that gives him the most pause in the proposal. 8:30:21 PM Ms. Monahan said that, as a citizen, the information available is through the media and on the web site. She said she read the Task Force proposal on the website; there was no other information available. She said she strongly believes that elected officials serve as volunteers. She referred to the League of Oregon Cities research on Council stipends. From her analysis, it looks as if the Mayor and City Council members are already well compensated in terms of the stipend and the health insurance benefit available. She said she thought elected officials should serve because they have a desire to serve; one of the obligations is to cover all of the meetings. 8:31:31 PM Councilor Wilson said we just don't see people signing up in large numbers to run for public office and said he believes "that speaks for itself." Neutral • Isador Morgavi, 15145 SW 119'h Avenue, Tigard, said "You get what you pay for." Despite the many, deep disagreements he has had with this administration, he indicated he would not choose to run for public office. He said he does not like the idea of only having one candidate for Mayor and that the political process should be a competitive one. The desire to serve must be mitigated with the practicality of life. He said he is self- employed and semi retired and finds there are times when he cannot attend to the things that need to be done. Mr. Morgavi said there is some misunderstanding about where this proposal is headed. As a matter, of principle, he said he thinks one of the reasons whys CEO's make millions of dollars is because "That carrot draws the best people." He said that if we had as good of people in government as we do in business, we would be a lot better off. He said he thought the compensation would provide incentive for people to run. TIGARD CITY COUNCIL/LCRB MINUTES - July 8, 2008 Cityof Tigard 13125 SW Hall Blvd., Tigard, OR 97223 503-639-4171 www.tigard-or.gov Page 11 of 19 5:3-3:3.5 PM John Frewing, 7110 SW Lola Lane, Tigard OR said he opposes the proposal as presentlydrafted. He suggested some changes, but added that this is a good idea for several reasons: ■ Competition - He reported other cities send elected officials to committees. He attended a meeting at Metro yesterday regarding trails. The Mayor from Forest Grove was there. In addition there's an event for policy makers regarding trails on Friday; however, none of the City of Tigard elected officials will be attending. "If you don't show up, you are sending a signal that you're not interested... " ■ Accountability - Officials might have been elected because of their skills in persuasion in a community setting. He referred to the need to be effective in dealing with Metro and the legislature. This gives the voters a basis for voting for a Mayor. This kind of accountability is good. ■ Participation - The proposal would broaden the base of individuals available to run for elected office. At this time, one must have some sort of income to serve on the City Council. Mr. Frewing said this compensation proposal should not be implemented until the next election of the Mayor, which will be in two years. He said voting on your own compensation is "sort of bad style." Mr. Frewing said the City Manager should become the chief operating officer for Tigard and the division of responsibilities be realigned and his compensation reviewed. Mayor Dirksen said Mr. Frewing brought up a good point about, "places that I am not." He said the fntstration does not lie with the meetings he attends; rather, the frustration is with the meetings he is unable to attend. As an example, last week he received an invitation to attend a public forum to speak to Senator Ron Wyden on transportation issues. The first twelve spots were reserved for elected officials. This was a great opportunity for the City to tell the Senator about our specific issues and problems. Mayor Dirksen couldn't attend because he needed to be at his work. Mayor Dirksen said he was also invited to attend a summit at Metro to discuss the regional transportation plan with other leaders all around the metro area. Participants would be able to present issues and suggest projects to be worked on -for the next ten years.. Again, he could not go - it would have been an entire afternoon and he could not take the time off from work. Summation by Council Service Task Force Members Snider and Yesilada: ■ Mr. Snider said there still seems to be misconceptions about what the Task Force proposed. With regard to Mr. Frewing's suggestion about the timing of implementing the additional compensation, he said he did not think the Task Force was overly concerned about when this. This is a long-term proposal. He reiterated that the proposal was not that this extra compensation would automatically go to the Mayor. The person who will do this job is the person that convinces the other four City Council members that they ought to be the one doing it. ■ Mr. Snider said he was disappointed in the media coverage. He reported he received a telephone call from the Tigad Tames and responded to the call within three hours; however, he was never asked a question before the paper went to print. ■ Ms. Yesilada said she wanted to again emphasize that purpose of the recommendation was to provide some flexibility to help the City of Tigard assess how the City could best be served. Therefore, the Task Force did not to recommend too many restrictions or specifics to determine if this could be a way to address the needs of the City. This does not need to be continued if it doesn't function as desired or it can be adapted with time. Councilor Sherwood advised she also served on the Council Service Task Force noting she cannot serve again due to term limts. She said one of her concerns was that someone might run for Mayor (if the compensation _ TIGARD CITY COUN_ CIL/LCRB MINUTES - July 8, 2008 Gtyof Tigard 13125 SW Hall Blvd., Tigard, OR97223 503-639-4171 1 www.tigard-or.gov Page 12 of 19 was designated only for the Mayor) just for the salary and not because of the desire to carry forward all of the goals and ideals of the City. The Task Force wanted to leave it up to the City Council on a year-to-year basis.. There might be a year where no one is needed to be assigned the extra responsibilities along with the compensation. But, when transportation dollars are needed, the Council might decide it is best to have an elected official to be a presence during a legislative year or even travel to Washington DC to lobby for funding. Mr. Snider asked if the City Council has already had conversations about who might serve in this extra capacity. Councilor Woodruff responded there has been no formal Council conversation. He said he would be supportive of Mayor Dirksen for this position. He added that he was in favor of the concept of this, specifically as it relates to our current situation with Mayor Dirksen. Councilor Woodruff said this is "outside of the box" kind of thinking - he said he doesn't know if it's a good idea for the longer term, but said he is willing to invest this money to see what happens and have it debated during the next budget session to consider whether this resulted in what was wanted; i.e., a good return on investment. Councilor Wilson referred to an earlier Council decision regarding the Barrows bridge repair, this was not controversial, yet it did not go through the budgeting process or result in citizen comment other than a request to support it. The proposal for the additional Council compensation has been through the budget process to decide to hire the Mayor and the other four Council members will not receive any monetary gain. Councilor Wilson said we have things to do and for that reason, he would not want to wait two years. Mr. Snider pointed out that this is not necessarilya raise for the Mayor. The level of compensation is meant to be a replacement for the time that one is spending. Councilor Woodruff referred to Mr. Frewing's comments and suggested that the Mayor abstain from a vote on this. Assistant City Manager Newton reminded the City Council that this is two actions. Tonight staff is looking for direction regarding how to proceed on the concept and then if the Caty Council decides to move forward, then the person who takes on the additional workload will need to enter into an agreement with the rest of the City Council members. Councilor Sherwood said the remaining City Council members will retain their liaison assignments. Councilor Buehner said it is important for the public to realize the Council members have intergovernmental committees that they serve on outside of the time for intra-city activities. She said she cannot afford, however, to take 20-30 hours per week for government activities along with the evening meetings. Councilor Wilson said Mr. Frewing raised a good point about defining the City Manager's responsibilities versus what "this" position would be. He said he does not agree with reducing the CityManager's salary because this new position would not be relieving the Manager from any of his current responsibilities. The Council is considering this position to cover activitythat is not currently being done. It is important to define the new position's role so there is no confusion about the Manager's and the paid elected official's role. This discussion still needs to occur. In response to a question from Councilor Woodruff, Assistant OtyManager Newton explained the purpose of this agenda item tonight was to receive public comment and then for the City Council to give direction whether it wants to proceed with moving the paid elected official position forward. Council will need to discuss, in the future, what the position will be required to do and the amount of stipend. An agreement will be needed. City Attorney Ramis said no motion is needed; however, if there is consensus to move ahead, the Council needs to communicate this to the staff so they can bring back the ordinance or structure needed. TIGARD CITY COUNCIL/LCRB MINUTES - July 8, 2008 City of Tigard 1~ 13125 SW FLU Blvd., Tigard, OR 97223 503-639-4171 www.tigard-or.gov Page 13 of 19 Councilor Sherwood commented that she had written a job description for the Gty Council position. She suggested that this position-also have a job description. Ms. Yesilada said the proposal was for a proposal up to a certain dollar amount, which would be set once the job responsibilities and time commitment were identified. Additional discussion continued regarding the parameters of the proposed position to receive the additional compensation including the decision by the City Council several years ago for the Gty of Tigard to step up its profile beyond the city limits. Councilor Wilson suggested this role should be the "public face, the public advocate" from Tigard to agencies that make funding regional funding decisions. 8:53:4 1'Iv1 Assistant Gty-Manager Newton suggested that a Council discussion be scheduled regarding specific duties. City Manager Prosser asked if it would be appropriate for the City Council to designate two City Council members to work with staff to put together a "straw man" job description agreement to provide the Gty Council with something to think about and edit before a workshop discussion. After brief discussion, Councilor Sherwood and Councilor Woodruff said they will work with staff. Also Councilor Sherwood asked for participation from one or two of the other Council Service Task Force members. ss~,:~z P~ Break 9:05:05 PM Reconvene 5. COMPREHENSIVE PLAN WORKSHOP WITH THE PLANNING COMMISSION REGARDING GOAL 14 - URBANIZATION Planning Commission members present: Karen Fishel, Tom Anderson, Margaret Doherty, Jodie Inman, Matthew Muldoon, Jeremy Vermilyea Associate Planner Wyss presented the staff report; a copy of the PowerPoint presentation is on file in the City Recorder's office. Points brought up during discussion included the following: ■ Councilor Buehner asked how the Gty would address annexations as the boundaries begin to change along with the type of planning and designations on unincorporated areas. 9:17:o PM Assistant Community Development Director Bunch advised that when annexations occur, the land use designation that most closely fits with the Tigard designation is applied. ■ 9:19:18 Pim In response to a comment from Planning Commissioner Vermilyea, Gty Attorney Ramis said at this time there is not a great deal of support for assisting cities with annexation efforts at the State legislature. ■ Councilor Wilson noted the lack of mention with regard to providing water. 911:24 PM During the Council goal setting, there was discussion on clarifying the Gty's position with regard to expanding the service district. This should be open and known to the Gty's partners. Assistant Community Development Director Bunch responded that the City has taken a sound position regarding unincorporated urban development. This development poses real problems for cities in terms of cross-subsidy of services and the inequities of providing the benefits of urban life without receiving the funds to pay for them. There is a lot of direct subsidy as well as things such as people utilizing roadways, economic development opportunities, daily and long-term needs for goods and services. It is not to cities' long-term benefits to promote unincorporated urbanization. The City of Tigard requires annexation to the City when Gty sewer service or storm drainage is needed. TIGARD CITY COUNCIL/LCRB MINUTES - July 8, 2008 City of Tigard 13125 SW Hall Blvd., Tigard, OR 97223 1 503-639-4171 1 www.tigard-or.gov. Page 14 of 19 9:23:45 PM In Areas 63 and 64, Assistant Community Development Director Bunch advised that there is no water provider designated now. The City of Tigard is the logical water provider, however, there are other potential water providers out there. From a policy prospective, it is not in the City's benefit for Areas 63 and 64 to urbanize with 5-6,000 additional homes that will have significant impacts on the City. In this instance, the policy question is whether the City will make a firm statement as this policy proposes to not extend services to Areas 63 and 64 and also not support the formation of another service district that would result in urbanization. 9:24:53 PA1 Councilor Wilson posed some hypothetical situations. Suppose one of our partner cities such as King City offered to provide water to the unincorporated areas, which would essentially be provided by Tigard. Would the language in this section of the Comprehensive Plan prevent that kind of an action? In addition, if Areas 63 and 64 became cities, would we expand our water district to those cities. Assistant Community Development Director Bunch responded that the operative word is "unincorporated" development. If this area did become a City, for example, we could contract with them to provide water as a municipality, this would not be an unincorporated development. If, on the other hand, King City (hypothetically wanted to provide water to this area, then there would need to be a joint discussion with the group of partners the City works with. Also, the City of Tigard controls the water, we are essentially the water purveyor that has the water source. The City of Tigard could make a decision not to convey its water in that way. If we made an arrangement with the City of King City to provide water and they had excess and if they entered into another agreement to promote unincorporated urbanization, then this policy would provide us with the basis to say that we do not agree with that. Whether or not this would be upheld could be tested through legal channels. 9:27:13 PM City Manager Prosser commented that the extension of water service would be governed by the Intergovernmental Agreement that created the Intergovernmental Water Board and set up the current system That agreement defines a service territory, which is essentially the existing urban service area plus King City and Durham CityManager Prosser noted there is wording in the agreement that the Cityof Tigard is under no obligation to extend service beyond this boundary. In looking at the Comprehensive Plan, one must also look at the underlying water agreement which will remain in effect at least until 2018. This becomes a complicating factor. If King City wanted to extend water service to Area 63, they do not have water, so there would be no wayfor King Cityto do that under the existing Intergovernmental Agreement. 9:28:48 PM Councilor Buehner commented that the last time the Water District was expanded was in the late 90's for a three-acre parcel next to King City, which is now a part of King City. She said she was a Board member of the IWB at that time and this required a complex process. 9:29:46 PN4 Assistant Community Development Director Bunch said it is possible for another water source to serve Areas 63 and 64 at a significantly higher cost than getting water from the City of Tigard. 9:3000 PM Councilor Wilson posed some additional hypothetical situations. He said that many "paper cities" have been formed over the years. He could visualize a City established with a "super low" tax rate merely to get water. He said he would like to see language in the Comprehensive Plan that talks about a self-sustaining city as opposed to a "phantom city." Councilor Wilson said another possibility could be that the City of Tigard would charge water rates equivalent to our tax rates to provide services other than water, however, TIGARD CITY COUNCIL/LCRB MINUTES - July 8, 2008 Cityof Tigard 13125 SW Hall Blvd., Tigard, OR 97223 1 503-639-4171 www.tigard-or.gov Page 1 S of 19 he did not know if this would be legal. Assistant Community Development Director Bunch said that water is one area where charges could be high; it would be a•Council policydecision regarding how much to charge and whether the market would bear this. If the cost of water was high enough, Assistant Community Development Director Bunch said the area might decide to pursue another water source. Councilor Wilson added that another result might be that the area would drop its opposition to annexation. Assistant Community Development Director Bunch said that in the case of Areas 63 and 64, we would probably have property owners applying for annexation now if it they were contiguous to the City. City Manager Prosser clarified that under the Oregon Constitution, we could not use water funds to provide any service other than for water. Councilor Wilson said that his main point is that the opposition to incorporate is most often a financial one. If it were equal, he thought most people would voluntarily annex. 9:33,07 Pal City Attorney Ramis commented that the City Manager correctly described the Intergovernmental Agreement and the fact that outside of the defined boundaries in the Agreement, it is completely within the City's discretion to extend water and on what terms. 9:33:24 PM In response to a question from Planning Commissioner Vermilyea, City Attorney Ramis responded that both the Intergovernmental Agreement and Comprehensive Plan documents have roles. The Intergovernmental Agreement is a document that can be amended at anytime by agreement of the parties and it would make sense for the City to have a policy framework (the Comprehensive Plan) against which to measure amendments and to implement that Agreement. It would not be redundant to have both documents address future policy. City Manager Prosser advised the Intergovernmental Agreement expires in 2018. The current Comprehensive Plan was written in the 1980's so the updated Comprehensive Plan will likely have a longer life than 2018. 9:35:15 Pivl Mayor Dirksen noted there was a concern by some members on the Planning Commission that there was language in this section of the Comprehensive Plan that seemed overly aggressive and whether this is what the City was really looking for. Planning Commissioner Doherty said that this was the only part of the Comprehensive Plan where the Planning Commission was the Policy Interest Team and where there was no other input from community members. In addition, the tone of the Policy was different from the other chapters of the Comprehensive Plan. 9:37:16 PM Associate Planner Wyss noted that the Planning Commission also acted as the Policy Interest Team on the Land Use Chapter. Planning Commissioner Doherty recalled that there were also other community members that had been involved in the land use planning that were present when that chapter was discussed. Associate Planner Wyss added that there were no community members who "showed up" for the Policy Interest Team meeting. Mayor Dirksen clarified the process for the review of the Comprehensive Plan was not based on Council direction. 9:38:36 Pl4 Assistant Community Development Director Bunch addressed the tone. Many of the policies in this chapter are renditions of other policies that we already had in the Comprehensive Plan. For this chapter, it is like we are dealing with an entirely different audience. This Chapter is essentiallythe policybasis by which we establish our relationship with other agencies, jurisdictions and service districts to address the issues of providing public service and with whom we have to develop agreements regarding urbanization. He acknowledged this Chapter is direct in many respects. For example, the City will not extend or provide services unless someone annexes to the City. This is a very direct, almost contractually written document TIGARD CITY COUNCIL/LCRB MINUTES - July 8, 2008 City of Tigard 13125 SW Hall Blvd., Tigard, OR 97223 1 503-639-4171 www.tigard-or.gov Page 16 of 19 that firmlyestablishes the City's position. The other policies deal with the public and our relationship with our citizens; this deals with our relationship with other bureaucracies and agencies. He agreed that the.tone could be changed. 9:40:23 PM Planning Commissioner Muldoon said the Planning Commission members have not been dealing with urbanization issues for as long as some staff and City Council members. The problem with the tone is it comes across as confrontational. The document can be substantive without being terse. 9:42:09 PM Planning Commission President Inman advised there were several reasons the Planning Commission was present other than for discussion of the tone of the document. She said the Planning Commission was also present to find out some background information from the Council to determine what needs were not being met by the current Comprehensive Plan language. President Inman advised the Planning Commission, as it worked through the Comprehensive Plan chapters, tried to address the intent. She asked for feedback from the City Council. 9:4256 PD4 Councilor Buehner commented that while she is relatively new on the City Council, she has been involved with this issue for a long time. Part of the problem in the past was that there was some softer language and certain parties chose to interpret that as ambiguity and ways to get around the process. As a result, there was a policy decision that we need to be very direct and clear regarding the policy so there would be no misunderstanding or opportunity for misunderstanding. 9:43:43 PM Councilor Wilson agreed with the observations regarding the tone of this Chapter. All of the other policies deal internally with our citizens. This Chapter is more about the City itself, the very nature of cities. Staff was a little too close to it perhaps and a little professional distance might be good. In terms of content, the Chapter does reflect longstanding City policy and the language should be clear without being confrontational. He said, "....most of us here have been through really bruising battles for years and you, as new, fresh faces... I'd be interested to know what your take is on the content of the policies." 9:4-5:01 PM Councilor Sherwood also noticed this Chapter was more specific throughout than the other Comprehensive Plan chapters. Previous chapters reviewed contained "aspirational" language. She said "wordsmithing" by the Planning Commission would be helpful to soften the language. 9:45:36 PA4 Councilor Buehner stated she would not support the language for this Chapter unless it is extremely clear, strong and direct. Her reasoning was that she did not want to see the City go through the same problems of the past. 9:46:08 PM Planning Commissioner Vermilyea commented that it appears that what is being sought is wording that is unambiguous along with proactive language with a more positive approach to a specific issue as opposed to reactionary language. 9:46:37 P:~4 Planning Commissioner Doherty said she did not think content was a problem 9:46:53 PM Councilor Wilson gave some background. What has changed in the last five years was that prior to the annexation effort, there was always an understanding that areas west of Tigard would come into the City. TIGARD CITY COUNCIL/LCRB MINUTES - July 8, 2008 City of Tigard 13125 SW Hall Blvd., Tigard, OR 97223 503-639-4171 www.tigard-or.gov Page 17 of 19 This was an understanding with the County and even with the people on Bull Mountain who opposed the annexation. This understanding has changed. Now,-it looks like annexation will not happen. Therefore, our actions prior to the annexation effort versus now are different. In retrospect, we probably never should have contracted with Washington County to perform the development review that we did because that, more than anything else, was the pretext for not annexing. This gave the appearance that we were planning something that residents ultimately did not like the look of. 9:48:36 PSI Councilor Woodruff added that the rules have changed dramatically in the last few years. Just prior to the vote on annexation, the belief was that annexation could occur as a single majority and annexation could be forced. This changed 180 degrees" and we have no ability to do any annexation without a lot of process to follow. Therefore, we have taken the stance to be assertive and let people know annexation is available. The City has provided incentives for annexation such as the phase-in of taxes. The context of those who have been involved in this for the last few years makes it difficult to not see through the filter of past experience; therefore, if the content of the Chapter is good and the Planning Commission can edit the wording to maintain clarity without making it appear that we are "angry," then that would be helpful. 9:49:59 PM Mayor Dirksen agreed the wording needs to be clear without being unduly confrontational. Further discussion followed regarding the wording of this chapter with it being noted by City Manager Prosser that this Chapter addresses an extremely complicated situation. There was discussion regarding the number of other agencies that have a role with the subject matter of this chapter. 10:05:06 PM Assistant Community Development Director Bunch summarized by saying that it appeared there was agreement that the substance of the chapter was acceptable; however, the language needs to be more accommodating and sensitive. Planning Commissioner Vermilyea said the language should be more proactive 10:08:17 PM 6. COMPREHENSIVE PLAN WORKSHOP REGARDING GOAL 5 - NATURAL RESOURCES This agenda item will be carried over to a future City Council meeting. 7. COUNCIL LIAISON REPORTS: None 8. NON AGENDA ITEMS: None 9. EXECUTIVE SESSION: Not held. 10:08:56 PM 10. ADJOURNMENT Motion by Councilor Woodruff, seconded by Councilor Sherwood, to adjourn. The motion was approved by a unanimous vote of City Council present: TIGARD CITY COUNCIL/LCRB MINUTES - July 8, 2008 City of Tigard 13125 SW Hall Blvd., Tigard, OR 97223 503-639-4171 www.tigard-or.gov Page 18 of 19 Mayor Dirksen Yes Councilor Buehner Yes Councilor Wilson Yes Councilor Sherwood Yes Councilor Woodruff Yes Catherine Wheatley, City Recorder Attest: c. Mayor, CZy of Tigard Date: q aDG~ L\ADM\Cathy\CCM\2008\080708 final.doc TIGARD CITY COUNCIL/LCRB MINUTES - July 8, 2008 City of Tigard 1 13125 SW Hall Blvd., Tigard, OR 97223 503-639-4171 www.tigard-or.gov Page 19 of 19 City of Tigard Study Session - Agenda TIGARD CITY COUNCIL, LOCAL CONTRACT REVIEW BOARD (LCRB) MEETING DATE/TIME: July 8, 2008/6:30 p.m. Study Session and 7:30 p.m. Business Meeting MEETING LOCATION: City of Tigard - Town Hall, 13125 SW Hall Blvd., Tigard, OR 97223 6:30 PM • STUDY SESSION > Discuss City Manager Review Process - Human Resources Department > Discuss Partners for a Sustainable Washington County Community (PSWCC) Proposal - Administration Department > Extension of Fuel Tax Collection Period - Community Development Department • EXECUTIVE SESSION: The Tigard City Council may go into Executive Session. All discussions are confidential and those present may disclose nothing from the Session. 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. • ADMINISTRATIVE ITEMS: o Muscular Dystrophy Association - Fund Raising on September 10, 2008 - Red Robin o Karen Gardner Retiring July 31, 2008 - Celebration Lunch on July 30, 11:30 a.m. - 1 p.m. Check with the City Council about acknowledgement o Review Council Calendar: ■ Cancel July 29, 5"' Tuesday meeting? ■ Cancel August 19 meeting? ■ Special setup for July 15 meeting (see attached for agenda items for this workshop meeting) Council Calendar: July 8* Tuesday Council Business Meeting - 6:30 pm, Town Hall 15* Tuesday Council Workshop Meeting - 6:30 pm, Town Hall 22* Tuesday Council Business Meeting - 6:30 pm, Town Hall 29 Tuesday Fifth Tuesday Council Meeting - 7-9, Public Works Auditorium August 5 Tuesday Special Council Meeting - Comprehensive Plan Workshop - 6:30 p.m., Town Hall 12* Tuesday Council Business Meeting - 6:30 pm, Town Hall 19* Tuesday Council Workshop Meeting - 6:30 pm, Town Hall 26* Tuesday Council Business Meeting - 6:30 pm, Town Hall TIGARD CITY COUNCIL STUDY SESSION AGENDA -JULY 8, 2008 City of Tigard 13125 SW Hall Blvd., Tigard, OR 97223 503-639-4171 www.tigard-or.gov Executive Session - The Public Meetings Law authorizes governing bodies to meet in executive session in certain limited situations (ORS 192.660). An "executive session" is defined as "any meeting or part of a meeting of a governing body, which is closed to certain persons for deliberation on certain matters." Permissible Purposes for Executive Sessions: 192.660 (2) (a) - Employment of public officers, employees and agents, If the body has satisfied certain prerequisites. 192.660 (2) (b) - Discipline of public officers and employees (unless affected person requests to have an open hearing). 192.660 (2) (c) - To consider matters pertaining to medical staff of a public hospital. 192.660 (2) (d) - Labor negotiations. (News media can be excluded in this instance.) 192.660 (2) (e) - Real property transaction negotiations. 192.660 (2) - Exempt public records - to consider records that are "exempt by law from public inspection." These records are specifically identified in the Oregon Revised Statutes. 192-660 (2) (g) - Trade negotiations - involving matters of trade or commerce in which the governing body is competing with other governing bodies. 192.660 (2) (h) - Legal counsel - for consultation with counsel concerning legal rights and duties regarding current litigation or litigation likely to be filed. 192.660 (2) (i) - To review and evaluate, pursuant to standards, criteria, and policy directives adopted by the governing body, the employment-related performance of the chief executive officer, a public officer, employee or staff member unless the affected person requests an open hearing. The standards, criteria and policy directives to be used in evaluating chief executive officers shall be adopted by the governing body in meetings open to the public in which there has been an opportunity for public comment. 192.660 (2) 0) - Public investments - to carry on negotiations under ORS Chapter 293 with private persons or businesses regarding proposed acquisition, exchange or liquidation of public investments. 192.660 (2) (k)- Relates to health professional regulatory board. 192.660 (2) (1)- Relates to State Landscape Architect Board. 192.660 (2) (m)- Relates to the review and approval of programs relating to security. TIGARD CITY COUNCIL STUDY SESSION AGENDA JULY 8, 2008 City of Tigard 13125 SW Hall Blvd., Tigard, OR 97223 503-639-4171 www.tigard-or.gov July 15 Workshop meeting: Discussion on RTP and Trans. Issues with Metro Councilor Burkholder, Metro staff and Others - Ron B. - PPT 90 mins. CCDA - Update on Draft Design Standards and Proposed Land Use Changes for Downtown Urban Ren. Dst. & Preview 7/30/08 Open House - Sean & Ron - 15 min. - PPT Tigard Triangle Land Use and Transportation Issues - Kim M. and Ron B. - 45 min. Discuss Appointment of Ad-Hoc Citizen Advisory Committees - Ron B. - 15 min. Review Council Groundrules - SI - Admin. - 20 min. Exec. Session - Property Nego. - Craig. P. -10 min. TIGARD CITY COUNCIL STUDY SESSION AGENDA -JULY 8, 2008 City of Tigard 13125 SW Hall Blvd., Tigard, OR 97223 503-639-4171 www.tigard-or.gov SQ.ssi S 4-u. dPlOq Fluman Resources July 2008 City Manager Review - Last review conducted: August 2007 - Review due per agreement: "Annually in August" - Review scheduled: August 19, 2008 - Forms used to conduct last review (attached)- o Council Appraisal of City Manager o Staff Input to the Council - Participants in last review: o Council o Department Directors - Police, Community Development, Public Works, Library, Finance o Additional Executive Staff - Executive Assistant to the City Manager, HR Director, Risk Manager, City Recorder, Assistant City Manager - Process: o All reviewers were given addressed and stamped envelopes in which to return their completed review to the HR Director - raters identified themselves on the form o HR Director compiled the responses and assigned a score to each criteria evaluated o The Staff Input to Council was compiled on one form and sent to Council. The Council's A1212raisal was also compiled on another form and distributed to the Council. No raters or their comments were individually identified on any form. o Council's ratings and Staff Input were both shared directly with the City Manager a Human Resources July 2008 City Manager: Total Compensation HistorX Per Employment Agreement and any subsequent amendments Agreement effective September 13, 2005 to July 31, 2009 ■ Sala : $116,500 (retro to August 1, 2005) ■ Annual cola: same as management group ■ Health and welfare: same as management group ■ Life insurance: same as management group ■ VEBA: same as other management employees ■ Other insurance: employer contribution of $1,000/ year for Life, LTC or both, as selected by employee ■ Sick and vacation: same as other management employees except no limits on maximum accrued ■ Management leave: 5 days each fiscal year ■ Vehicle allowance: $4,020 for vehicle allowance ■ Retirement: same as other management employees ■ Professional dues, subscriptions: paid as specified ■ Travel and expenses: for professional travel, meetings, courses, etc. paid as specified ■ Reasonable membership fees/dues in community clubs /organizations • Severance: six (6) months severance package with health and life insurance Change effective October 1, 2005 - Cost of Living (same as Management Group) ■ Salmi $119,172 Change effective August 1, 2006 - Annual Merit Pay Adjustment (3%) ■ Sala : $122,750 Change effective October 1, 2006 - Cost of Living- same as Management Grow ■ Sala : $126,672 Change effective July 1, 2007 ■ Deletion of Vacation, Management and Sick leave ■ Replace with Paid Time Off benefits under new City program except: o PTO is accrued at 22 years of service and increases per accrual schedule o Additional 2 days of PTO o No Limits on maximum accrued 1 Change effective July 1, 2007 - Cost of Living (same as Management Group) ■ Salary: $130,858 Change effective August 1, 2007 ■ Annual Merit Pay Adjustment (3%) o Sala : $134,784 ■ Increase City's match to deferred compensation contribution (20/6) for a total of 5% Rating Definitions & Scoring Exceeds = 4.0 Fully Effective = 3.0 Developing = 2.0 Needs Improvement = 1.0 Council Appraisal of City Manager City of Tigard City Manager: Craig Prosser Date: 08/28/07 City Council: Mayor Craig Dirksen, Councilors Sydney Sherwood, Nick Wilson, Gretchen Buehner, Tom Woodruff SECTION I: PERFORMANCE MEASUREMENT CRITERIA Please designate the appropriate box for each item and include examples, which support the rating. Administrative Ability Planning: Ability to anticipate and analyze problems. Maps effective solutions. Exceeds ❑ Fully Effective ❑ Developing ❑ Needs Improvement ❑ Comments: 1.:I 11 l 3.0 OrganiKig Ability to arrange work and efficiently apply resources. Recognizes opportunities for management and operational efficiencies. Exceeds ❑ Fully Effective ❑ Developing ❑ Needs Improvement ❑ Comments: 11 L:1 1 3.4 Timing - Opportunist: Makes decisions when sufficient information is available. Exceeds ❑ Fully Effective ❑ Developing ❑ Needs Improvement ❑ Comments: 1 L'1.11 3.2 Analytical: In making decisions considers the best available facts, projections, and evidence. To the extent that resources permit, insures that these tools are available. Exceeds ❑ Fully Effective ❑ Developing ❑ Needs Improvement ❑ 1.] 1 Comments: 11 3.4 Job Knowledge: Has a solid understanding of all phases and departments of municipal government. Exceeds ❑ Fully Effective ❑ Developing ❑ Needs Improvement ❑ Comments: 11 l l a 3.4 Personnel Functions Supervision: Builds and motivates a team, provides direction, monitors and adjusts performances as necessary. Exceeds ❑ Fully Effective ❑ Developing ❑ Needs Improvement ❑ Comments: 1.1111. 4.0 City Manager Performance Appraisal Delegation: Effectively assigns work to others to get City business done efficiently. Exceeds ❑ Fully Effective ❑ Developing ❑ Needs Improvement ❑ Comments: 1 111 l 3.2 Communication with Employees: Listens to employees and openly communicates in order to provide sufficient information to keep the employees motivated and part of the team. Understands their concerns. Exceeds ❑ Fully Effective ❑ Developing ❑ Needs Improvement ❑ Comments: 1.11 11. 3.6 Hirin : Recognizes the value of excellent employees and hires and maintains available staff. Exceeds ❑ Fully Effective ❑ Developing ❑ Needs Improvement ❑ Comments: ill 11 3.6 Labor Relations: Understands contract negotiations and contract administration. Equitably handles problems of grievances among subordinate employees. Exceeds ❑ Fully Effective ❑ Developing ❑ Needs Improvement ❑ Comments: 1. 1111 3.2 Leadership: Motivates, encourages and seeks to develop skills and abilities in staff. Sets the standard for performance accountability by example. . Exceeds ❑ Fully Effective ❑ Developing ❑ Needs Improvement ❑ Comments: 1 1 11.1, 3.2 0 1 feel our staff is more open and motivated Collaboration Skills: Builds collaborative trust with staff. Treats staff with respect. Exceeds ❑ Fully Effective ❑ Developing ❑ Needs Improvement ❑ Comments: 11 11 (one did not rate) 3.5 o Craig's ability to build morale has been great - his new hires are awesome o Being promoted from within has provided Craig more connection with staff Risk Management: Implements effective programs to limit liability and loss. Exceeds ❑ Fully Effective ❑ Developing ❑ Needs Improvement Comments: 11 111. 3.4 Page 2 of 8 City Manager Performance Appraisal Budget and Finance Financial Management: Accurately and concisely reports and projects the financial condition. Management practices and policies are designed to maintain or achieve a sound long-range financial condition. Uses debt cautiously, plans for the long-term replacement and maintenance of equipment and infrastructure. Exceeds ❑ Fully Effective ❑ Developing ❑ Needs Improvement ❑ Comments: l 1.1.1.1 4.0 Operational Efficiency: Obtains the best possible end result for the money spent. Monitors efficiency service improvement and effectiveness for all programs. Most economical utilization of manpower, materials and machinery. Exceeds ❑ Fully Effective ❑ Developing ❑ Needs Improvement ❑ Comments: l I III 3.2 Community Relations Public Service: Commitment to the service of the public. Recognizes and respects the value of public service. Projects a positive image of the City. Exceeds ❑ Fully Effective ❑ Developing ❑ Needs Improvement ❑ Comments: 11:1 1 1. 3.6 Forges Compromises: Has the ability to resolve conflicts with little or no assistance from outside sources. Is a good negotiator. Is credible and builds trust in the community. Exceeds ❑ Fully Effective ❑ Developing ❑ Needs Improvement ❑ Comments: 1.1 l l 1. 3.0 Sensitivity: Listens and understands the positions and circumstances of others. Communicates that understanding. Exceeds ❑ Fully Effective ❑ Developing ❑ Needs Improvement ❑ Comments: ill 11 3.6 Communication with the Public: Approachable and responsive to the public and takes their concerns and problems seriously, regardless of how insignificant the questions or complaints seem to be. Is able to represent Council at community events and forums. Pursues an outreach style of management as a spokesperson for city issues. Exceeds ❑ Fully Effective ❑ Developing ❑ Needs Improvement ❑ Comments: 1 111 1 3.0 o I think Craig needs to build more relationships with the business community Public Involvement: Involves citizens in city issues and programs. Provides link between the Council and business community. Exceeds ❑ Fully Effective ❑ Developing ❑ Needs Improvement ❑ Comments: 11 l 1:1. 2.5 o Trust is being built - we still have a way to go. I would like to see Craig more involved with our business community o Could be more involved/visible Page 3 of 8 City Manager Performance Appraisal Media Relations: Develops effective relationships and positive image with public/media. Is able to accurately articulate City Council and community goals. Exceeds ❑ Fully Effective ❑ Developing ❑ Needs Improvement ❑ Comments: 111.:1 1 2.8 o Some great interviews this last year Relation with Council Communication with COUnCil: Accurately interprets the direction given by the Council. Provides Council with well informed concise oral and written communication. Exceeds ❑ Fully Effective ❑ Developing ❑ Needs Improvement ❑ Comments: 11 111 3.4 o Be careful on this one. Don't assume you know Council's wishes Accepts Direction: Aggressively responds to the direction of the majority of the Council. Not sidetracked to the minority but recognizes their concerns. Exceeds ❑ Fully Effective ❑ Developing ❑ Needs Improvement ❑ Comments: 111 l.1. 3.6 o Craig has done team building throughout count Research: Prepares fully researched materials for Council action including alternatives and recommendations. Analyzes issues and presents policy alternatives to Council with documented justified recommendations. Assures that material is concise and easily understandable. Exceeds ❑ Fully Effective ❑ Developing ❑ Needs Improvement ❑ Comments: 11 11 1 3.2 o Would like to see more options and consequences aloe with recommendations Intergovernmental Relations Develop Relations: Develops good working relationships with other local, county, regional, state and federal agencies. Exceeds ❑ Fully Effective ❑ Developing ❑ Needs Improvement ❑ Comments: l l ill 3.4 o Very strop in some respects - but sometimes too adversarial Representative: Effectively represents the City on commissions, boards, and committees. Exceeds ❑ Fully Effective ❑ Developing ❑ Needs Improvement ❑ Comments: 1 111 one did not rate 3.25 Resource Developer: Exerts appropriate influence on decisions affecting Tigard from other agencies, gaining resources to benefit the City. Has basic understanding of federal and state grants and appropriations. Exceeds ❑ Fully Effective ❑ Developing ❑ Needs Improvement ❑ Comments: 1 111 1 3.0 o Other cities have been more successful than we have Page 4of8 City Manager Performance Appraisal Interpersonal Skills Creatlylty: Implements effective and creative solutions to resolve City problems. Exceeds ❑ Fully Effective ❑ Developing ❑ Needs Improvement ❑ Comments: l l l..l. l 3.0 Honest, Fair: Consistently demonstrates integrity and honesty, straightforward and impartial. Exceeds ❑ Fully Effective ❑ Developing ❑ Needs Improvement ❑ Comments: 11l l l 4.0 Adaptable: Responds positively to a changing work environment and changing local conditions. Does not cling to the status quo for its own sake. Exceeds ❑ Fully Effective ❑ Developing ❑ Needs Improvement ❑ Comments: 1 1111 3.2 Resilient: Energy and motivation maintained in spite of constant demands. Handles stress well. Exceeds ❑ Fully Effective ❑ Developing ❑ Needs Improvement ❑ Comments: 11 l 1 1 2.8 Ethical: Conforms to the high standards of the profession. Exceeds ❑ Fully Effective ❑ Developing ❑ Needs Improvement ❑ Comments: 11111. 4.0 Professional Development: Takes action to acquire new knowledge and skills. Encourages employees to do the same. Exceeds ❑ Fully Effective ❑ Developing ❑ Needs Improvement ❑ Comments: 11 Ill. 3.4 Judgment: Thinks logistically and utilizes independent thought to make sound decisions. Exceeds ❑ Fully Effective ❑ Developing ❑ Needs Improvement ❑ Comments: l l 1, l l 3.2 0 1 would like to see more direct contact with key business owners - especially related to the downtown revitalization Economic Growth Economic Development: Identifies and helps Council create conditions which foster economic development. Understands importance of, and knowledge of factors and methods for, maintaining existing businesses, as well as recruiting new ones. Recognizes relationship of local economy to region and beyond. Develops policies and guidelines to reasonably allocate costs of public improvements and services related to economic development between the public and private sectors. Exceeds ❑ Fully Effective ❑ Developing ❑ Needs Improvement ❑ Comments: l l ] 1..1. 3.2 Page 5 of 8 City Manager Performance Appraisal SECTION II: ESTABLISHMENT OF GOALS & OUTCOMES FOR UPCOMING RATING PERIOD Outline the goals for the upcoming period and the desired outcomes. The City Manager's goals should be related to the Community goals. The City Manager goal may include a new project or may include a goal that is an ongoing fundamental portion of the position. Any number of goals may be set. The desired outcome is the standard against which performance will be measured. These should be specific and measurable including timeframes. -De t/City Goal: Police Individual Goal: Come up with projects that involve police with other city employees Desired Outcome: Better relationships Dept/City Goal:: Council Individual Goal,: Push indecisive councilors harder on major issues Desired Outcome: Get decisions made in a more timely manner De t/C;it G'oal:. Build better relationships with other governments Jhdivrdual Croal ~Work closer with Metro and legislators and ODOT `,.Desired Outcome More attention and resources to Tigard ~De%,Cit} Goal`:; x Develop downtown 'Individual'Goal Reach out to business community Desi:i-ed,0ute0 me:_ More trust and participation from business community 13ept/City "Goal":' Finish Comp Plan Individual Goal: Be more visible in engaging public Desired Outcome: More public trust and engagement Dept/City Goal: ' Finish. Comp Plan Individual Goal: Engage press Desired Outcome: More visibility to built trust D`Ovoty Goal. Downtown - Land Assembly lndividual~'Goal: Identify & contact key ro e y rt owners -Destred?zOutcome: Establish land assembly strategy De tJCit Goal 99 - Planning 'Individual Goal Identify 10 incremental projects Desired Outcome: Establish vision and step by step plan De t/City Goat: Downtown Redevelopment Individual Goal: Identify and contact 5 key developers Desired. Outcome` Generate interest in downtown Page 6 of 8 t City Manager Performance Appraisal Dept/City Goal: 99 - Implementation Individual Goal: Identify next project and seek funding Desired Outcome: Establish regular improvement cycle Dept/City Goal: Improve relationship with renewal partners Individual Goal: Continue to develop relationships with counterparts Desired Outcome: Improved coordination and influence Dept/City Goal: Support Downtown Revitalization Individual Goal: Manipulate city resources to promote economic development I 'Desired Outcome: Coordinate with business, property owners, developers and promote development in URD De t/City Goal: Individual Goal: Desire"d.Outeome: SECTION III: COUNCIL'S SUMMARY COMMENTS The following is an overall performance rating for the City Manager, recommended action by the Council, and sign off. The City Manger's signature does not necessarily mean that the City Manager agrees with the rating, only that the evaluation process has taken place. Summary Comments: o The City Manager is doing a great job for the City. He has brought great new managers on critical areas. City employee morale is high, and his work model encourages a cooperative work environment. He is user friendly for Council. o Craig has stayed on track with Council's goals and increased communication with the public. I am hoping he will help engage the business community and public in working on our downtown development o Overall Craig has been doing a good job. He has grown more comfortable in the position o I am very pleased with the work that Craig is doing and the team he has put together Overall Rating (check one): Exceeds: Exceeds expectations in all or majority of categories. Fully Effective: Meets expectations in all categories (may exceed in some) Developing: does not meet expectations in one or more category ❑ Needs Improvement: Does not meet expectations in majority of categories 0 Overall Rating = Fully Effective (4) (one did not rate) Page 7 of 8 City Manager Performance Appraisal City Manager's Signature Date Mayor's Signature Date Page 8 of 8 Staff Input to the Council Appraisal of City Manager City of Tigard City Manager: August 28, 2007 Raters: Executive Staff, City Recorder, Executive Assistant to City Manager SECTION I: PERFORMANCE MEASUREMENT CRITERIA Please designate the appropriate box for each item and include examples, which support the rating. Administrative Ability Planning: Ability to anticipate and analyze problems. Maps effective solutions. Exceeds ❑ Fully Effective ❑ Developing ❑ Needs Improvement ❑ Comments: 1 l 1.1.1 l l 1.1. 1. o Thoughtful in approaching challenges; thinks through various options before planning action o Craig is effective at thinking through problems toward creative solutions o Has organized and conducted several management team retreats, as well as organizing (TVFR, TTSD, County, etc.) joint council meetings with other cities and other political entities (TVFR, TTSD, County, etc.) o Craig looks at issues from every angle before making a decision; he involves staff and depends upon their expertise to make the best decision; he is collaborative, but comfortable making decisions alone; lie models strategic/long term thinking for the team, always looking for elements that contribution to the well being of the city; 1 admire his ability to disregard "status quo" and implement new changes (i.e. hiring Tom Coffee, redesign of CD/Engineering); his planning ability has earned staff and peer respect; plans are thoughtful and deliberative; flexible o Craig has a "knack" for this, and is good at identifying issues well ahead of them becoming big issues (i.e. Lake Oswego) Organizing: Ability to arrange work and efficiently apply resources. Recognizes opportunities for management and operational efficiencies. Exceeds ❑ Fully Effective ❑ Developing ❑ Needs Improvement ❑ Comments: 11 1.1.111 11 1 o He has a gift for knowing who can do the best job and rise to new heights; exceedingly fair about diving tasks and clear about expectations; can see big picture and assist in maintaining the course o Reorganization of CD and Engineering o Craig looks for operational changes that maximize resource efficiency; he relies on department managers to contribute suggestions Timing=Opportunist: Makes decisions when sufficient information is available. Exceeds ❑ Fully Effective ❑ Developing ❑ Needs Improvement ❑ Comments: 111 1.1111.1 l o Has remarkable good grasp of political timing. Example: when to take an issue forward and when to lay back awaiting the appropriate climate o Exploration of water resources with Lake Oswego 0 1 wouldn't say he's an opportunist, but he makes decisions in a timely manner and expects staff will provide the information necessary for him to do so; consistently meets deadlines o Craig isn't hesitant to make decisions City Manager Performance Appraisal o Is clearly the team leader in this area, and is very good at encouraging the rest of us to dream big! Analytical: In making decisions considers the best available facts, projections, and evidence. To the extent that resources permit, insures that these tools are available. Exceeds ❑ Fully Effective ❑ Developing ❑ Needs Improvement ❑ Comments: 1 111.111111 o Craig's finance background is significantly represented here; he always weighs cost/benefit and assure that staff is prepared to answer those questions o When making decisions Craig is conscious of available resources o Craig reviews details and double checks facts when making big decisions; able to think quickly and sees nuance; his diligent review ensures Council has all the information to set policy Job Knowledge: Has a solid understanding of all phases and departments of municipal government. Exceeds ❑ Fully Effective ❑ Developing ❑ Needs Improvement ❑ Comments: I 1 .11111.:11 1 o His experience in staff role and Council role has given him great deal of knowledge of local government; the two perspectives continue to be a real strength o Craig has really made this job his own; never seems stymied by any of the issues that come before him and frequently other cities call on him for input o Craig has a demonstrated knowledge of all of the city's department functions; he can discuss operational issues with citizens and staff o His years of varied governmental experience really come to bear here o Craig has a strong understanding of the current and relevant issues within each department; his knowledge of the financial operations, budget and funding resources are unsurpassed Personnel Functions Supervision: Builds and motivates a team, provides direction, monitors and adjusts performances as necessary. Exceeds ❑ Fully Effective ❑ Developing ❑ Needs Improvement ❑ Comments: 1 111111.11 1 o Good supervisor; very compassionate and wants the best for his direct reports; gives clear direction and encourages staff; compassion does get in the way at times when he doesn't hold all his staff to the same standard of conduct o The Exec Staff infrequently work as a team o Craig has brought the Exec Staff repeatedly with the goal of making the team cohesive, candid, cooperative and the for purpose of brainstorming towards constant municipal improvement; he also expects us to help one another's departments and not become provincial over our specific area of responsibility o Craig is supportive of team efforts o Craig makes good hiring decisions; he looks for creative ways to motivate employees; he doesn't like organizational conflict and is sometimes hesitant to address it but he will when necessary o His takes every opportunity to showcase the talents of staff and gets the team excited to tackle new challenges o This is a work in progress; Craig fully recognizes his role and responsibility here and has taken several steps to improve "team"; some progress has been noted o Craig has put a lot of energy into strengthening the group performance of his executive team. He sees the importance of capitalizing on the talents of the individual team members - and he wants them to think and feel more united in reaching common goals. 1 think he is making progress Page 2 of 10 City Manager Performance Appraisal Delegation: Effectively assigns work to others to get City business done efficiently. Exceeds ❑ Fully Effective ❑ Developing ❑ Needs Improvement ❑ Comments: 111 1111111 o Oh yeah 0 1 think this is his middle name. Really o Craig excels in delegation; he is not a micro-manager; the day to day business of the city is conducted very effectively without the need for Craig to be involved at the department level o Craig has demonstrated trust in his directors o No problems here! o Craig knows when and what to delegate - the way he delegates tends to build motivation and it creates a high degree of trust between him and his subordinates Communication with Employees: Listens to employees and openly communicates in order to provide sufficient information to keep the employees motivated and part of the team. Understands their concerns. Exceeds ❑ Fully Effective ❑ Developing ❑ Needs Improvement ❑ Comments: 1111 11111 1 o Good listener and encourages employees to share with him; has a true open door approach o Craig is very candid with employees; his all staff meetings are a genuine effort to make himself available to all employees, and he has instigated an employee newsletter to take the effort one step further o Craig has increased outreach to Police Dept. employees; he speaks at briefings, attends swearing in ceremonies, speaks at DARE graduations, and hand writes thank you notes to those with accomplishments; he has undertaken ways to improve Exec Staff meetings, improving their function; Craig cares about hearing what staff think; he's implemented changes from the Employee Survey; staff respect him and comment positively on his "regular guy" attitude; he meets with each new employee o Craig has an open door policy and makes an effort to think about employees' perspective when communicating policy decisions o Craig really should be commended on this aspect. Craig continues his quarterly brown bag meetings and has clearly improved them; he has also started an employee newsletter o Craig is thoughtful and responsive to employees at all levels. He is an articulate spokesperson for the organization. He takes every opportunity to keep employees informed including regular city wide meetings, newsletters, emails, etc. He has a very participative approach with employees Hirin : Recognizes the value of excellent employees and hires and maintains available staff. Exceeds ❑ Fully Effective ❑ Developing ❑ Needs Improvement ❑ Comments: 11 l l l.l. 1 1 1 1. 0 1 appreciate Craig taking the time to meet with each new employee o It is noteworthy that Craig meets with every new employee; that personal connection with new employees is time consuming, but he makes the effort none the less o A genius when it comes to hiring the right person for the job; dedicated to bringing the city tip to date with financial and technological systems o One of Craig's strengths - hiring good people! Labor Relations: Understands contract negotiations and contract administration. Equitably handles problems of grievances among subordinate employees. Exceeds ❑ Fully Effective ❑ Developing ❑ Needs Improvement ❑ Comments: 1111111.1..1. one didn't rate - no knowledge of 0 Craig is fair and decisive 0 1 believe employees feel their grievances are given due consideration and handled fairly 0 Both City unions have settled their contracts in the last year and a half and both were accomplished with minimal acrimony Page 3 of 10 City Manager Performance Appraisal o Is firm but fair in his approach to labor issues; holds employees accountable for their actions and expects people to learn from their mistakes o Completion of the SEIU contract o Craig provided clear directions on SEIU negotiations and minimized any time spent on non issues o He has a good relationship with the unions Leadership: Motivates, encourages and seeks to develop skills and abilities in staff. Sets the standard for performance accountability by example. Exceeds ❑ Fully Effective ❑ Developing ❑ Needs Improvement ❑ Comments: 1111 1111 1 1 o Craig understands his role to be the one to set the standard.; encourages others to do the same o Sets an excellent example o Outstanding as a leader; able to articulate plans to staff and boldly move forward on Council's direction; has earned trust of staff who are willing to follow his lead o Craig encourages staff to stretch and take on new technology or practices that will enhance their job performance o Leads by example o Craig is willing to make tough decisions; he is assertive when lie needs to be and firm, but fair minded; he clearly understands that leading means facilitating the success of individuals and teams Collaboration Skills: Builds collaborative trust with staff. Treats staff with respect. Exceeds ❑ Fully Effective ❑ Developing ❑ Needs Improvement ❑ Comments: 11.11 111111 o Craig expects Exec Staff to work together, not individually. The level of candor amongst Craig's staff is remarkable; there is very little fear of bringing up issues which speaks to the level of trust he has engendered o Treats staff the way he would like to be treated o We can always improve o Craig is very respectful of staff, approachable and encourages staff input o Craig is always looking/pushing departments to get together, work together - we have better communications because of it Risk Management: Implements effective programs to limit liability and loss. Exceeds ❑ Fully Effective ❑ Developing ❑ Needs Improvement ❑ Comments: 1 11.111111 one didn't rate o Craig recognizes risks and takes appropriate counsel to minimize municipal exposure; where it does exist, he always strives to handle it by doing the right thing o He supports programs and polices to effectively manage risk o When new programs are presented to Craig he consistently looks at the strategy for minimizing risk to the city o Accomplished with the review of city wide personnel policies, implementation of background checking and updates to city driving policies Page 4 of 10 City Manager Performance Appraisal Budget and Finance Financial Management: Accurately and concisely reports and projects the financial condition. Management practices and policies are designed to maintain or achieve a sound long-range financial condition. Uses debt cautiously, plans for the long-term replacement and maintenance of equipment and infrastructure. Exceeds ❑ Fully Effective ❑ Developing ❑ Needs Improvement ❑ Comments: 1.111.1.1. 1111 o Craig's support and guidance has resulted in making the budget process more predictable o Very astute; uses his past experience and education to manage the assets of Tigard o This city's financial position is the envy of most of our neighbors o Financial management is one of his strengths o He is an expert in this area Operational Efficiency: Obtains the best possible end result for the money spent. Monitors efficiency service improvement and effectiveness for all programs. Most economical utilization of manpower, materials and machinery. Exceeds ❑ Fully Effective ❑ Developing ❑ Needs Improvement ❑ Comments: 1111 11111 1 o His finance background makes him an expert in this area o Communicates with staff when they're going down a rabbit trail; good at redirecting resources for the best use o His interest in further integration of performance measurements into the budget process will help monitor efficiency and improvements in service delivery o Again, he is highly competent in evaluating the cost benefit and recognizing the financial implications in all management decisions Community Relations Public Service: Commitment to the service of the public. Recognizes and respects the value of public service. Projects a positive image of the City. Exceeds ❑ Fully Effective ❑ Developing ❑ Needs Improvement ❑ Comments: 1111. l l.l.l l ] o He understands we are here to SERVE! o Absolutely o Has made it his life's work o Places a high value on responsive service to the public o Craig has spent his professional life in this arena; is dedicated and loyal to public service; he continues to show his dedication and concern for the welfare and success of the City of Tigard Forges Compromises: Has the ability to resolve conflicts with little or no assistance from outside sources. Is a good negotiator. Is credible and builds trust in the community. Exceeds ❑ Fully Effective ❑ Developing ❑ Needs Improvement ❑ Comments: 1 l I l 111 o There are some citizens who are difficult at best, however Craig works to treat them with respect o I have seen him seek and effect compromise at every level o Craig is able to identify the real issues behind complaints from citizens and work with staff to find middle ground for parties to work together on issues; he can sort through the minutia and lead teams to resolution o Willing to address issues Sensitivity: Listens and understands the positions and circumstances of others. Communicates that understanding. Exceeds ❑ Fully Effective ❑ Developing ❑ Needs Improvement ❑ Comments: 1.1 1.1111.1.1.1 o His conversations with Bull Mountain/CP04B & TWD demand this skill o Craig is a good listener; he has a direct communication style and encourages others to be forthcoming with their position and concerns Page 5 of 10 City Manager Performance Appraisal o His leadership in the process to purchase software demonstrates this o Kind, thoughtful, and comes across as a human being Communication with the Public: Approachable and responsive to the public and takes their concerns and problems seriously, regardless of how insignificant the questions or complaints seem to be. Is able to represent Council at community events and forums. Pursues an outreach style of management as a spokesperson for city issues. Exceeds ❑ Fully Effective ❑ Developing ❑ Needs Improvement ❑ Comments: 11.11 111111 o I can't think of a circumstance where Craig has ever failed to be responsive; he appropriately delegates some communications to the appropriate department and always checks back to assure that the citizen(s) received a satisfactory response from the City; he even does this when the issues are questionable or hostile o Craig doesn't maintain layers of staff before citizens can reach him; he is open and available to meeting with citizens; he takes the time to discuss issues with citizens and if mistakes have been made, he takes responsibility; he is a truthful and knowledgeable official for the public; demonstrates patience o Makes every effort to be available to the public; places high priority to responding to public in timely manner o There are some customers that are very difficult to work with. Craig understands that but doesn't -expect or allow any less in terms of courtesy and responsiveness Public Involvement: Involves citizens in city issues and programs. Provides link between the Council and business community. Exceeds ❑ Fully Effective ❑ Developing ❑ Needs Improvement ❑ Comments: I 1 1 :L l 1] :L:L 1 o Bends over backwards to make sure that everyone has a chance to have their say; Craig assures that there is always at least one member of the exec staff serving as liaison with the Chamber of Commerce and the Downtown Business Community in order to keep communications open o Willing to attend events in his official capacity to support the community o Craig places a high priority on getting citizens' input on issues and reminds staff to ensure citizens are afforded appropriate opportunities Media Relations: Develops effective relationships and positive image with public/media. Is able to accurately articulate City Council and community goals. Exceeds ❑ Fully Effective ❑ Developing ❑ Needs Improvement ❑ Comments: 1,11 111.111 o For the most part, the media seems to have a high trust in Craig as well as the City Departments; Craig is very approachable to the press and 1 believe that part of his success with the media is based on his honesty and candor o Craig takes the time to explain the issues to reporters and corrects errors when they arise; open and fair - if he doesn't know an answer he knows who does o Craig is comfortable raising issues with the media; he is in contact with the media on a regular basis o Craig has helped us understand the value of this aspect of our business Intergovernmental Relations Page 6 of 10 City Manager Performance Appraisal Develop Relations: Develops good working relationships with other local, county, regional, state and federal agencies. Exceeds ❑ Fully Effective ❑ Developing ❑ Needs Improvement ❑ Comments: 1 111111111 o With the difficult issues at CWS and Washington County, this area has been a challenge for Craig over the last several months; he does a good job at this; however, there seems to be a growing breakdown of good working relationships between all cities and CWS/Washington County Board o Interagency interactions have been professional and mutually beneficial; regular meetings with the school district have been very beneficial and productive; without these meetings there would be opportunities for friction, but the relationship is so good that potential problems get nipped in the bud o Focuses much of his time and energy in developing relationships with other agencies o Good examples include the J WC Management group and the county managers o Good examples of this skill include the legislative lobbying and city manager's group Representative: Effectively represents the City on commissions, boards, and committees. Exceeds ❑ Fully Effective ❑ Developing ❑ Needs Improvement ❑ Comments: 111 1111111 o Craig represents the City as a member of the Joint Water Commission, County Managers group, All City Manager Group, Metro Managers Group, Rob Saxton at the School District and many others; he doesn't miss meetings, participates fully and take this responsibility seriously o Craig has taken the lead on addressing some regional issues; although his direct style may make some uncomfortable, his focus on addressing the issues to find solutions has led to movement on finding solutions Resource Developer: Exerts appropriate influence on decisions affecting Tigard from other agencies, gaining resources to benefit the City. Has basic understanding of federal and state grants and appropriations. Exceeds ❑ Fully Effective ❑ Developing ❑ Needs Improvement ❑ Comments: 1.11 l l..l. l l l 1. o Absolutely! Craig routinely meets with other City Managers (in fact I think it was his idea for them to get together in the first place). Craig encourages every department to seek federal and grant opportunities that would benefit the City o Craig isn't afraid to ask tough questions about decisions affecting Tigard; he encourages others to see Tigard's position and advocates for a different outcome when necessary o He identifies appropriate opportunities for the city's position on issues to be communicated to decision makers Interpersonal Skills Creativity: Implements effective and creative solutions to resolve City problems. Exceeds ❑ Fully Effective ❑ Developing ❑ Needs Improvement ❑ Comments: 1:111 111111 o As mentioned in another area, Craig actually brought a training tape on creativity to the exec staff and engaged all of us in a discussion on this very subject o Craig looks for alternative solutions when the tried and true is no longer effective o Craig excels in finding new and creative solutions to problems; he's a good brain stormer and sounding board; he thinks outside the box o Implementation of the paid time off policy o Craig is always looking for a new creative way, a great example is his ability to capitalize on the new business license methodology Page 7 of 10 City Manager Performance Appraisal Honest, Fair: Consistently demonstrates integrity and honesty, straightforward and impartial. Exceeds ❑ Fully Effective ❑ Developing ❑ Needs Improvement ❑ Comments: 1111.1.1 1:111. o Always a straight shooter; never have heard a disparaging word o Craig is honest, fair and straightforward in his communication with others o Craig is as honest as the day is lon ; he models this for others as well Adaptable: Responds positively to a changing work environment and changing local conditions. Does not cling to the status quo for its own sake. Exceeds ❑ Fully Effective ❑ Developing ❑ Needs Improvement ❑ Comments: 11 1.1.111.1..11 o I think you have to be flexible and adaptable to succeed in the public environment where there are so many external forces causing change. Craig knows how to roll with the punches and come up standing o This is a strong skill for Craig; lie encourages staff to be adaptable as well o Isn't afraid to make changes to-address issues or move things forward Resilient: Energy and motivation maintained in spite of constant demands. Handles stress well. Exceeds ❑ Fully Effective ❑ Developing ❑ Needs Improvement ❑ Comments: 1 111.:1:11 1 1:1 o Craig pushes himself too hard at times and then needs to get rest to recharge; I hope he can learn to better balance for his health's sake o His health seems to be affecting his stamina o The job of City Manager is grueling and exhausting o He really does an amazing job of handling the stress. The last time we were asked for input, I expressed concern that he might have a hard time with frustration, but that has simply not been the case. He is amazingly patient and resilient. 1 am very impressed o Craig was challenged this year by a lot of demands; he managed this by taking time off which was a different work style than I'm used to o Craig is not a high energy person but paces himself to ensure he fulfills his job commitments effectively o City Manager position is stressful; Craig tends to respond/react - then regroups Ethical: Conforms to the high standards of the profession. Exceeds ❑ Fully Effective ❑ Developing ❑ Needs Improvement ❑ Comments: 11111.1 1111 o He is very conscious of doing the right thing for the right reason. I believe that anything he says or does can be held up in the light of day and never risk tarnish o Very ethical o Highly ethical o Scrupulous and honest in all of his activities Professional Development: Takes action to acquire new knowledge and skills. Encourages employees to do the same. Exceeds ❑ Fully Effective ❑ Developing ❑ Needs Improvement ❑ Comments: 1 1.1.1111.1.1 one didn't rate o Craig has provided training to Exec Staff on employing creative thinking; he brought video tapes of progressive organizations and then we discussed how we can apply those concepts to our City o He encourages department directors to ensure their staff keeps up with skills in their field 0 1 appreciate Craig's judicious use of training dollars; he doesn't begrudge others training within their professional and encourages wise use of resources and information sharing o Very supportive of others obtaining appropriate training and professional development; has mentored others to achieve career advancement Judgment: Thinks logistically and utilizes independent thought to make sound decisions. Exceeds ❑ Fully Effective ❑ Developing ❑ Needs Improvement ❑ Comments: 111 11111 YI o Craig is a strategic thinker o It's that Finance guy in him; everything has to be logical and accountable; he can't help hirnseffl. Page 8 of 10 City Manager Performance Appraisal o Craig refers to his training and past experience as well as professional staff opinion and input to make sound decisions Economic Growth Economic Development: Identifies and helps Council create conditions which foster economic development. Understands importance of, and knowledge of factors and methods for, maintaining existing businesses, as well as recruiting new ones. Recognizes relationship of local economy to region and beyond. Develops policies and guidelines to reasonably allocate costs of public improvements and services related to economic development between the public and private sectors. Exceeds ❑ Fully Effective ❑ Developing ❑ Needs Improvement ❑ Comments: 1 111.1..111. 1 one didn't rate - no knowledge of o While Craig is able to do this, 1 don't believe the city is fully ready for this; given another year or two with the development of the comp plan and clear direction from Council on downtown priorities and community priorities, economic development should start to look different - be higher priority with sufficient staffing for the job o Craig's advocacy of the Business Tax increase as a means "to reasonably allocate costs of public improvements and services" is a perfect example of his command of this area o The downtown development activity shows Craig's effectiveness in this area o Craig looks at projects strategically and works with Council to implement their policies; his past experience with Lake Oswego is a bonus for our economic development projects as he can identify potential problem areas and steer us around them o Craig's experience is very evident in this area SECTION II: What do you consider the City Manager's greatest strengths? - His direct communication style, his ability to effectively delegate, and his regional focus on issues - Ability to understand the staff and Council perspectives and articulate those clearly with each group; expects each staff person to pull their own weight and gives them the tools and freedom to do so; looks for ways to release and encourage the creative potential in people around him; is decisive when needed and allows others to make the decisions when appropriate; understands the political landscape of managing a medium sized city in an urban area - Hiring, managing and communicating with staff - Open outlook; support for new ideas (i.e. business/commercial crimes unit); creative approach to problem solving; invites discussion and exchange of ideas - Communication skills; flexibility; integrity, effective delegation; knowledge of local government principles and practices - Thorough understanding of municipality functions and mission - Willingness and encouragement to try new approaches; translating Council direction, policy and inclinations to daily actions - Financial expertise; very ethical; dedicated to public service; intelligent, good decision maker; knows how to praise staff when they do good; looks at the big picture; has good critical thinking skills; delegation; values and supports teamwork; sincere and admits his foibles Do you have any suggestions for the City Manager, which you feel, will improve his effectiveness? Page 9 of 10 City Manager Performance Appraisal Balance the demand of the job with the need for rest and health; continue the work to hold your staff to a standard of communicating effectively in a constructive, respectful manner Keep working on stress management - When the personalities are difficult, remember to stay focused on the issues! - Learn when to say no, we can't do everything all the time, it wears us (him) out and we loose effectiveness Page 10 of 10 Agenda Item No. u & SesS~ ~n Meeting of $ City of Tigard Memorandum To: Honorable Mayor and City Council From: Liz Newton, Assistant City Manager V6 Re: Partners for a Sustainable Washington County Community Proposal Date: July 3, 2008 Council members may recall discussing this proposal on February 12, 2008. Council decided to not budget funds for this effort. I participated as the city's representative on the Operations Team that developed the agreement with the understanding the city had not made a commitment to financially support the effort. As a reminder; the purpose as stated in the agreement is: Recognizing that it will be more effective to pool resources and work cooperatively, the! Partners for a Sustainable Washington County Community Proposal (PSWCC) is formed to encourage and promote sustainability, gather and disseminate information, support Partner and Provisional Partner organizations in their efforts to address sustainability, develop best management practices and promote sustainable practices for the citizens of Washington County and beyond. The proposed budget relies on partners contributing a share. Cities pay a share based on population. Washington County, the cities of Hillsboro, Beaverton, and Tualatin; Tualatin Hills Park and Recreation District and Tualatin Valley Fire and Rescue have all agreed to participate. Copies of two "Rough Budgets" are attached. One is based on the participation of all larger Washington County cities including Tigard. The other lists only those cities that had committed by May 16. The only difference between these two budgets is in the apportionment of costs to participating agencies. The plan adopted by the work group apportions costs equally to Washington County, cities, and special districts. If a city or a special district does not participate, the share of costs apportioned to that individual entity is charged back to the remaining participating cities (if the non-participant is a city) or special district (if the non-participant is a special district). Non-participation does not reduce revenues to the PSWCC. An updated list of participating agencies will be provided to Council on July 8. Should Council decide to participate, staff will schedule a budget amendment for a subsequent Council agenda. Sial- Page 1 5121/2008 Rough Budget Partners for a Sustainable Washington County Year 1 Year 2' Year 3' REVENUES County Share @ 113 $ 58,333 $ 58,333 $ 58,333 (Includes Smaller Cities) Seven Large Cities Share @ 113 $ 58,333 $ 58,333 $ 58,333 City Name Population Cornelius 10,895 $ 2,157 $ 2,157 $ 2,157 Forest Grove 20,775 $ 4,113 $ 4,113 $ 4,113 Hillsboro 88,300 $ 17,482 $ 17,482 $ 17,482 Beaverton 85,560 $ 16,940 $ 16,940 $ 16,940 Tigard 46,715 $ 9,249 $ 9,249 $ 9,249 Tualatin 26,025 $ 5,153 $ 5,153 $ 5,153 Sherwood 16,365 $ 3,240 $ 3,240 $ 3,240 294,635 $ 58,334 $ 58,334 $ 58,334 Special District's Share @ 1/3 $ 58,333 $ 58,333 $ 58,333 Participating Special Districts: 5 CWS $ 11,667 $ 11,667 $ 11,667 TVWD $ 11,667 $ 11,667 $ 11,667 PCC- Rock Creek $ 11,667 $ 11,667 $ 11,667 THPRD $ 11,667 $ 11,667 $ 11,667 TVFBR $ 11,667 $ 11,667 $ 11,667 $ 58,335 $ 58,335 $ 58,335 TOTAL REVENUE S 175.000 5175.000 5175.000 EXPENSES Personnel: Salaries $65,000 $66,950 $68,959 FICA and benefits (est. 50%) $32,500 $33,475 $34,479 $97,500 $100,425 $103,438 Materials and Services: Space est. $400/month $4,800 $4,944 $5,092 Phone est $25/month $300 $309 $318 Computer/Printer $1,500 $1,545 $1,591 Office Supplies $1,200 $1,236 $1,273 Meeting Expenses $6,750 $6,953 $7,161 Mileage $1,200 $1,236 $1,273 Prof Organization Mbrships $400 $412 $424 Professional Services $15,000 $2,500 $2,500 Web Hosting/Maintenance $10,000 $10,300 $10,609 Postage $600 $618 $637 Printing $1,200 $1,236 $1,273 SiaL Page 2 5/21/2008 Subscriptions $600 $618 $637 Training & Travel $4,000 $4,120 $4,244 $47,550 $36,027 $37,032 Administration PCC overhead (estimate: 10%) $14,505 $13,645 $14,047 Contingency $15,445 $24,903 $20,483 TOTAL. EXPENSES 5175.000 S175.000 $175.000 *Cost of Living Adjustment for all expenses except for Professional Services Includes supervision PCC possible in-kind contributions: Space phone, computer, office supplies, meeting expenses and printing $15,750 $16,223 $16,709 Sial- Page 1 5/21/2008 Rough Budget Partners for a Sustainable Washington County Year 1 Year 2* Year 3* REVENUES County Share @ 113 $ 58,333 $ 58,333 $ 58,333 (Includes Smaller Cities) Three Large Cities Share @ 113 $ 58,333 $ 58,333 $ 58,333 City Name Population Hillsboro 88,300 $ 25,769 $ 25,769 $ 25,769 Beaverton 85,560 $ 24,969 $ 24,969 $ 24,969 Tualatin 26,025 $ 7,595 $ 7,595 $ 7,595 199,885 $ 58,333 $ 58,333 $ 58,333 Special District's Share @ 113 $ 58,333 $ 58,333 $ 58,333 Participating Special Districts. 5 CWS $ 11,667 $ 11,667 $ 11,667 TVWD $ 11,667 $ 11,667 $ 11,667 PCC- Rock Creek $ 11,667 $ 11,667 $ 11,667 THPRD $ 11,667 $ 11,667 $ 11,667 TVF&R $ 11,667 $ 11,667 $ 11,667 $ 58,335 $ 58,335 $ 58,335 TOTAL REVENUE $ 175.000 5175.000 1 T5.000 EXPENSES Personnel: Salaries $65,000 $66,950 $68,959 FICA and benefits (est. 50%) $32,500 $33,475 $34,479 $97,500 $100,425 $103,438 Materials and Services: Space est. $400/month $4,800 $4,944 $5,092 Phone est $25/month $300 $309 $318 Computer/Printer $1,500 $1,545 $1,591 Office Supplies $1,200 $1,236 $1,273 Meeting Expenses $6,750 $6,953 $7,161 Mileage $1,200 $1,236 $1,273 Prof Organization Mbrships $400 $412 $424 Professional Services $15,000 $2,500 $2,500 Web Hosting/Maintenance $10,000 $10,300 $10,609 Postage $600 $618 $637 Printing $1,200 $1,236 $1,273 Subscriptions $600 $618 $637 Training & Travel $4,000 $4,120 $4,244 $47,550 $36,027 $37,032 Administration • SiaL Page 2 5/21/2008 PCC overhead (estimate: 10%) " $14,505 $13,645 $14,047 Contingency $15,445 $24,903 $20,483 TOTAL EXPENSES S175.000 S175.000 MUM 'Cost of Living Adjustment for all expenses except for Professional Services " Includes supervision PCC possible in-kind contributions: Space phone, computer, office supplies, meeting expenses and printing $15,750 $16,223 $16,709 Agenda Item No.llpi Meeting of DP~Zl - , 008' v MEMORANDUM TO: Mayor and City Councilors Craig Prosser, City Manager FROM: Gus Duenas City Engineer RE: Extension of the Local Fuel Tax Collection Period DATE: July 1, 2008 The current fuel tax collections are not at the level needed to construct the Greenburg Road/Highway 99W/Main Street intersection improvements. Based on actual revenues received over the past 13 months ($753,242), a conservative estimate of $55,000 per month should provide approximately $3.3 million over the period beginning April 1, 2007 and ending December 31, 2011. The total current project cost estimate as of April 2008 is approximately $4.5 million resulting in a shortfall of $1.2 million. Because this intersection is on an ODOT highway, Council felt that ODOT should provide the additional revenue needed to construct the project. By letter to Jason Tell dated May 6, 2008 signed by Mayor Dirksen, Council requested funding assistance from ODOT (Oregon Department of Transportation) to address the shortfall in project funding. At the Council meeting on May 20, 2008, Mr. Tell informed Council that ODOTs funding is totally committed for the next five years and that funding cuts are expected in the years beyond. As a result, there are no funds available from ODOT for this project. City Council has indicated a preference for extension of the fuel tax collection period to address the funding shortfall. The existing ordinance calls for the tax to expire December 31, 2011, unless renewed by Council. To entirely fund the project using the current estimate of $4.5 million total project cost, the collection period needs to be extended to 100 months from the current 57 months. Based on an average monthly collection of $55,000 with a period of 100 months, the total collected would be $5.5 million. This amount should be sufficient to fund the project, including debt service on revenue bonds issued to provide right-of-way and construction funding when needed. This number should be reached between the 86 and 9`h years of collection. It may be sooner than that if the average monthly collections turn out greater than that amount. The existing ordinance needs to be amended to extend the collection period. Attached isa copy of the existing ordinance and the proposed amendment to it. This amendment would delete the expiration date and tie the expiration of the tax to collection of $5.5 million. The $5.5 million collected over a period of 8+ years should provide the funding needed to fully fund the project. The targeted amount of collection and the additional period of collection will be discussed in study session at the Council meeting on July 8, 2008. The amendment to the ordinance and timing for Council consideration of it will be based on Council direction following the meeting Attachments: Proposed Amendment to Ordinance No. 06-21 Ordinance No. 06-21 c: Tom Coffee, CD Director Mike McCarthy, Project Engineer 1.\Eng\Gm\Me =du \F.mnsion of fie Icol Fud Ta CoOm-fim Paioddoc CITY OF TIGARD, OREGON TIGARD CITY COUNCIL ORDINANCE NO. 08- AN ORDINANCE AMENDING CHAPTER 3.65 OF THE TIGARD MUNICIPAL CODE, WHICH ESTABLISHED A TAX ON MOTOR VEHICLE FUEL DEALERS AND PROVIDED FOR ENFORCEMENT, ADMINISTRATION AND COLLECTION OF THE TAX. WHEREAS, Ordinance No. 06-21 established a 3-cent per gallon tax on motor vehicle fuel and amended the Tigard Municipal Code to add Chapter 3.65; and WHEREAS, Chapter 3.65 set an expiration date of December 31, 2011 for collection of the tax, unless renewed by ordinance of City Council; and WHEREAS, the net revenue for the tax is dedicated solely for improvements to the Greenburg Road/Highway 99W intersection; and WHEREAS, under Section 3.65.270 (2), the intent of the ordinance is to cease collection of the tax once the improvements are fully funded; and WHEREAS, the assumption in setting the expiration date was that the anticipated revenues of $4.5 to 5.0 million over that 5-year period would be sufficient to fund the project, which was estimated at $3.5 to $4.0 million; and WHEREAS, collections, which began on April 1, 2007, are not at the level necessary to folly fund the improvements; and WHEREAS, the period of collection needs to be extended to collect sufficient revenue to fully fund the proposed improvements; and WHEREAS, the amount needed to fully fund the project, including debt service for revenue bonds as needed, is approximately $5.5 milli on. NOW, THEREFORE, THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: Section 3.65.030 of Chapter 3.65 in the Tigard Municipal Code is amended to read as follows: Section 3.65.030 Tax Imposed A motor vehicle fuel tax is hereby imposed on every dealer. The tax imposed shall be paid monthly to the tax administrator. The tax administrator is authorized to exercise all supervisory and administrative powers with regard to the enforcement, collection and administration of the motor vehicle fuel tax, including all powers specified in ORS 319.010 to 319.430. ORDINANCE No. 08- Page 1 The motor vehicle fuel tax shall remain in effect until the amount of $5.5 million is collected and shall expire at the end of the month that amount is reached, unless renewed by ordinance of the City Council. SECTION 2: This ordinance shall be effective 30 days after its passage by the Council, signature by the Mayor, and posting by the City Recorder. PASSED: By vote of all Council members present after being read by number and title only, this day of , 2008. Catherine Wheatley, City Recorder APPROVED: By Tigard City Council this day of 12008. Craig Dirksen, Mayor Approved as to form: City Attorney Date ORDINANCE No. 08- Page 2 CITY OF TIGARD, OREGON ORDINANCE NO. 06-0 { AN ORDINANCE CREATING AND IMPOSING A TAX ON MOTOR VEHICLE FUEL DEALERS; PROVIDING FOR ENFORCEMENT, ADMINISTRATION AND COLLECTION OF THE TAX; AND AMENDING THE TIGARD MUNICIPAL CODE BY ADDING A NEW CHAPTER 3.65. WHEREAS, Tigard is an Oregon home-rule municipal corporation having the authority and power under the terms of its Charter to exercise all the powers and authority that the constitution, statutes and common law of the United States and this State expressly or impliedly grant or allow as though each such powers were specifically enumerated therein; WHEREAS, said authority and power includes the authority -to impose a tax on the sale of motor vehicle fuel sold within the City; WHEREAS, the City Council wishes to exercise that power and to limit the use of any revenues generated by said tax to purposes associated with the administration, construction, reconstruction, improvement, repair, maintenance, operation and use of public highways, roads and streets within the city; NOW, THEREFORE, THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: Tigard Municipal Code is amended by adding a new Chapter 3.65 Motor Vehicle Fuel Tax, to read as follows: Chapter 3.65 MOTOR VEHICLE FUEL TAX 3.65.010 Short Title 3.65.015 Purpose 3.65.020 Definitions 3.65.030 Tax Imposed 3.65.040 Amount and Payment 3.65.050 Permit Requirements 3.65.060 Permit Applications and Issuance 3.65.070 Failure to Secure Permit 3.65.080 Revocation of Permit 3.65.090 Cancellation of Permit 3.65.100 Remedies Cumulative 3.65.110 Payment of tax and Delinquency 3.65.120 Monthly Statement of Dealer Ordinance No. 06- a Page 1 R 3.65.130 Failure to File Monthly Statements 3.65.140 Billing Purchasers 3.65.150 Failure to Provide Invoice or Delivery Tag 3.65.160 Transporting Motor Vehicle Fuel in Bulk 3.65.170 Exemption of Export Fuel 3.65.190 Fuel in Vehicle Coming into City Not Taxed 3.65.200 Fuel sold or Delivered to Dealers 3.65.210 Ref Inds 3.65.220 Examination and Investigations 3.65.230 Limitation on Credit for Refund or Overpayment and on Assessment of Additional Tag 3.65.240 Examining Books and accounts of Carrier of Motor Vehicle Fuel .3.65.250 Records to be Kept by Dealers .3.65.260 Records to be Kept Three Years 3.65.270 Use of Tax Revenues 3.65.010 Short Title The provisions of this Chapter shall be known and may be cited as the "City of Tigard Motor Vehicle Fuel Tax Ordinance". 3.65.015 Purpose , The purpose of the motor vehicle fuel tax is to raise revenues necessary for the construction, reconstruction, improvement, repair, maintenance, operation and use of the public street system in the city. 3.65.020 Definitions. As used in this ordinance, unless the context requires otherwise: 1. "City" means City of Tigard, a municipal corporation of the State of Oregon. 2. "Dealer" means any person who: a. Imports or causes to be imported motor vehicle fuel for sale, use or distribution in, and after the same reaches the city, but "Dealer" does not include any person who imports into the city motor vehicle fuel in quantities of 500 gallons or less purchased from a supplier who is licensed as a dealer hereunder and who assumes liability for the payment of the applicable motor vehicle fuel tax to the city; or b. Produces, refines, manufactures or compounds motor vehicle fuels in the city for use, distribution or sale in the city; or Ordinance No. 06- a Page 2 C. Acquires in the city for sale, use or distribution in the city motor vehicle fuel with respect to which there has been no motor vehicle fuel tax previously incurred. 3. "Distribution" means, in addition to its ordinary meaning, the delivery of motor vehicle fuel by a dealer to any service station or into any tank, storage facility or series of tanks or storage facilities connected by pipelines, from which motor vehicle fuel is withdrawn directly for sale or for delivery into the fuel tanks of motor vehicles whether or not the service station, tank or storage facility is owned, operated or controlled by the dealer. 4. "13ighway" means every way, thoroughfare and place of whatever nature, open for use of the public for the purpose of vehicular travel. 5. "Motor Vehicle" means all vehicles, engines or machines, movable or immovable, operated or propelled by the use of motor vehicle fuel. 6. "Motor Vehicle Fuel" means and includes diesel and gasoline and any other flammable or combustible gas or liquid, by whatever name such as diesel and gasoline, gas or liquid is known or sold, usable as fuel for the operation of motor vehicles, except gas or liquid, the chief use of which, as determined by the tax administrator, is for purposes other than the propulsion of motor vehicles upon the highways. 7. "Person" includes every natural person, association, firm, partnership, corporation, joint venture or other business entity. 8. "Service Station" means and includes any place operated for the purpose of retailing and delivering motor vehicle fuel into the fuel tanks of motor vehicles. 9. "Tax Administrator" means the city manager, the city manager's designee, or any person or entity with whom the city manager contracts to perform those duties. 3.65.030 Tax Imposed. A motor vehicle fuel tax is hereby imposed on every dealer. The tax imposed shall be paid monthly to the tax administrator. The tax administrator is authorized to exercise all supervisory and administrative powers with regard to the enforcement, collection and administration of the motor vehicle fuel tax, including all powers specified in ORS 319.010 to 319.430. The motor vehicle fuel tax shall remain in effect through December 31, 2011, but shall not remain in effect after that date unless renewed by ordinance of the City Council. Renewal of the tax shall be set for council consideration in the first half of calendar year 2011. Ordinance No. 06- Page 3 3.65.040 Amount and Payment. In addition to any fees or taxes otherwise provided for by law, every dealer engaging in his own name, or in the name of others, or in the name of his representatives or agents in the city, in the sale, use or distribution of motor vehicle fuel, shall: a. Not later than the 25th day of each calendar month, render a statement to the tax administrator or duly authorized agent of all motor vehicle fuel sold, used or distributed by him/her in the city as well as all such fuel sold, used or distributed in the city by a purchaser thereof upon which sale, use or distribution the dealer has assumed liability for the applicable motor vehicle fuel tax during the preceding calendar month b. Pay a motor vehicle fuel tax computed on the basis of 3 cents per gallon of such motor vehicle fuel so sold, used or distributed as shown by such statement in the manner and within the time provided in this ordinance. In the event that the State of Oregon or Washington County increase their taxes on motor vehicle fuel, the City, which receives a share of those taxes, shall reduce the rate established by this section so that the City's total revenue from fuel taxes remains what it would have been without the State or County increases. 2. In lieu of claiming refund of the tax as provided in Section 3.65.210, or of any prior erroneous payment of motor vehicle fuel tax made to the city by the dealer, the dealer may show such motor vehicle fuel as a credit or deduction on the monthly statement and payment of tax. 3. The motor vehicle fuel tax shall not be imposed wherever it is prohibited by the Constitution of laws of the United States or of the State of Oregon. 3.65.050 Permit Requirements. No dealer shall sell, use or distribute any motor vehicle fuel until he/she has secured a dealer's permit as required herein. 3.65.060 Permit Applications and Issuance. 1. Every person, before becoming a dealer in motor vehicle fuel in this city, shall make an application to the tax administrator for a permit authorizing such person to engage in business as a dealer. 2. Applications for the permit must be made on forms prescribed, prepared and furnished by the tax administrator. 3. The applications shall be accompanied by a duly acknowledged certificate containing: Ordinance No. 06- p~ Page 4 a. The business name under which the dealer is transacting business. b. The address of the applicant's principal place of business and location of distributing stations in the city. C. The name and address of the managing agent, the names and addresses of the several persons constituting the firm or partnership and, if a corporation, the corporate name under which it is authorized to transact business and the names and addresses of its principal officers and registered agent. 4. If an application for a motor vehicle fuel dealer's permit is complete and has been accepted for filing, the tax administrator shall issue to the dealer a permit in such form as the tax administrator may prescribe to transact business in the city. The permit so issued is not assignable, and is valid only for the dealer in whose name it is issued. 5. The tax administrator shall keep and file all applications with an alphabetical index thereof, together with a record of all permitted dealers. 3.65.070 Failure to Secure Permit 1. If any dealer sells, distributes or uses any motor vehicle fuel without first filing the certificate and securing the permit required by Section 3.65.060, the motor vehicle fuel tax shall immediately be due and payable on account of all motor vehicle fuel so sold, distributed or used. 2. The tax administrator shall proceed forthwith to determine, from as many available sources as the tax administrator determines reasonable, the amount of tax due, and shall assess the tax in the amount found due, together with a penalty of 100% of the tax, and shall make a certificate of such assessment and penalty. In any suit or proceeding to collect such tax or penalty or both, the certificate shall be prima facie evidence that the dealer therein named is indebted to the city in the amount of the tax and penalty stated. 3. Any tax or penalty so assessed may be collected in the manner prescribed in section 3.65.110 with reference to delinquency in payment of the tax or by action at law. 4. In the event any suit or action is instituted to enforce this section, if the city is the prevailing party, the city shall be entitled to recover from the person sued reasonable attorney's fees at trial or upon appeal of such suit or action, in addition to other sums provided by law. 3.65.080 Revocation of Permit The tax administrator may revoke the permit of.any dealer who fails to comply with any provision of sections 3.65.020 to 3.65.279. The tax administrator shall mail by certified mail addressed to such dealer at his last known address appearing on the files of the tax administrator, Ordinance No. 06- Page 5 a notice of intention to cancel. The notice shall give the reason for the cancellation. The cancellation shall become effective without further notice if within 10 days from the mailing of the notice the dealer has not made good its default or delinquency. 3.65.090 Cancellation of Permit. 1. The tax administrator may, upon written request of a dealer, cancel a permit issued to the dealer. The tax administrator shall, upon approving the dealer's request for cancellation, set a date not later than 30 days after receipt of the written request, after which the permit shall no longer be effective. 2. The tax administrator may, after 30 days' notice has been mailed to the last known address of the dealer, cancel the permit of the dealer upon finding that the dealer is no longer engaged in the business of a dealer. 3.65.100 Remedies Cumulative. Except as otherwise provided in Sections 3.65.110 and 3.65.130, the remedies provided in Sections 3.65.070, 3.65.080 and 3.65.090 are cumulative. No action taken pursuant to those sections shall relieve any person from the penalty provisions of this code. 3.65.110 Payment of Tag and Delinquency. 1. The motor vehicle fuel tax imposed by sections 3.65.030 and 3.65.040 shall be paid to the tax administrator on or before the 25th day of each month. 2. Except as provided in subsections (3) and (4) of this section, if payment of the motor vehicle fuel tax is not paid as required by subsection (1) of this section, a penalty of one percent of such motor vehicle fuel tax shall be assessed and be immediately due and payable. 3. Except as provided in subsection (4) of this section, if payment of the tax and penalty, if any, is not made on or before the 1' day of the next month following that month in which payment is due, a firther penalty of 10 percent of the tax shall be assessed Said penalty shall be in addition to the penalty provided for in subsection (2) of this section, and shall be immediately due and payable. 4. Penalties imposed by this section shall not apply if a penalty has been assessed and paid pursuant to section 3.65.070. The tax administrator may for good cause shown waive any penalties assessed under this section. 5. If any person fails to pay the motor vehicle fuel tax or any penalty provided for by this section, the tax and/or penalty shall be collected from that person for the use of the city. The Ordinance No. 06- a I Page 6 tax administrator shall commence and prosecute to final determination in any court of competent jurisdiction an action to collect the same. 6. In the event any suit or action is instituted to collect the motor vehicle fuel tax or any penalty provided for by this section, if the city is the prevailing party, the city shall be entitled to recover from the person sued reasonable attorney's fees at trial or upon appeal of such suit or action, in addition to other sums provided by law. 7. No dealer who collects from any person the tax provided for herein shall knowingly and willfully fail to report and pay the same to the City as required herein. 3.65.120 Monthly Statement of Dealer. Every dealer in motor vehicle fuel shall provide to the tax administrator on or before the 25th day of each month, on forms prescribed, prepared and furnished by the tax administrator, a statement of the number of gallons of motor vehicle fuel sold, distributed or used by him during the preceding calendar month. The statement shall be signed by the dealer or the dealer's agent. All statements filed with the City, as required in this section, are public records. 3.65.130 Failure to File Monthly Statements. If a dealer fails to file any statement required by Section 3.65.120, the tax administrator shall proceed forthwith to determine from as many available sources as the tax administrator determines to be reasonable the amount of motor vehicle fuel sold, distributed or used by such dealer for the period unreported, and such determination shall in any proceeding be prima facie evidence of the amount of such fuel sold, distributed or used. The tax administrator shall immediately assess the dealer for the motor vehicle fuel tax upon the amount determined, adding thereto a penalty of ten percent of the tax. The penalty shall be cumulative to other penalties provided in this code. 3.65.140 Billing Purchasers. Dealers in motor vehicle fuels shall render bills to all purchasers of motor vehicle fuel. The bills shall separately state and describe the different products sold or shipped thereunder and shall be serially numbered except where other sales invoice controls acceptable to the tax administrator are maintained. 3.65.150 Failure to Provide Invoice or Delivery Tag. No person shall receive and accept motor vehicle fuel from any dealer, or pay for the same, or sell or offer the motor vehicle fuel for sale, unless the motor vehicle fuel is accompanied by an invoice or delivery tag showing the date upon which motor vehicle fuel was delivered,•purchased or sold, and the name of the dealer in motor vehicle fuel. Ordinance No. 06- Page 7 3.65.160 Transporting Motor Vehicle Fuel in Bulk. Every person operating any conveyance for the purpose of hauling, transporting or delivering motor vehicle fuel in bulk shall, before entering upon the public highways of the city with such conveyance, have and possess during the entire time of the hauling or transporting of such motor vehicle fuel, an invoice, bill of sale or other written statement showing the number of gallons, the true name and address of the seller or consignor, and the true name and address of the buyer or consignee, if any, of the same. The person hauling such motor vehicle fuel shall at the request of any officer authorized by law to inquire into or investigate such matters, produce and offer for inspection the invoice, bill of sale or other statement. 3.65.170 Exemption of Export Fuel 1. The motor vehicle fuel tax imposed by sections 3.65.030 and 3.65.040 shall not be imposed on motor vehicle fuel: a. Exported from the city by a dealer; or b. Sold by a dealer in individual quantities of 500 gallons or less for export by the purchaser to an area or areas outside the city in containers other than the fuel tank of a motor vehicle, but every dealer shall be required to report such exports and sales to the city in such detail as may be required. 2. In support of any exemption from motor vehicle fuel taxes claimed under this section other than in the case of stock transfers or deliveries in his own equipment, every dealer must execute and file with the tax administrator an export certificate in such form as shall be prescribed, prepared and furnished by the tax administrator, containing a statement, made by some person having actual knowledge of the fact of such exportation, that the motor vehicle fuel has been exported from the city, and giving such details with reference to such shipment as the tax administrator may require. The tax administrator may demand of any dealer such additional data as is deemed necessary in support of any such certificate, and failure to supply such data will constitute a waiver of all right to exemption claimed by virtue of such certificate. The tax administrator may, in a case where tax administrator believes no useful purpose would be served by filing of an export certificate, waive the filing of the certificate. 3. Any motor vehicle fuel carved from the city in the fuel tank of a motor vehicle shall not be considered as exported from the city. Ordinance No. 06- a Page 8 4. No person shall, through false statement, trick or device, or otherwise, obtain motor vehicle fuel for export as to which the city tax has not been paid and fail to export the same, or any portion thereof, or cause the motor vehicle fuel or any portion thereof not to be exported, or divert or cause to be diverted the motor vehicle fuel or any portion thereof to be used, distributed or sold in the city and fail to notify the tax administrator and the dealer from whom the motor vehicle fuel was originally purchased of his/her act. 5. No dealer or other person shall conspire with any person to withhold from export, or divert from export or to return motor vehicle fuel to the city for sale or use so as to avoid any of the fees imposed herein. 6. In support of any exemption from taxes on account of sales of motor vehicle fuel in individual quantities of 500 gallons or less for export by the purchaser, the dealer shall retain in his/her files for at least three years an export certificate executed by the purchaser in such form and containing such information as is prescribed by the tax administrator. This certificate shall be prima facie evidence of the exportation of the motor vehicle fuel to which it applies only if accepted by the dealer in good faith. 3.65.175 Sales to Armed Forces Exempted. The license tax imposed by sections 3.65.030 and 3.65.040 shall not be imposed on any motor vehicle fuel sold to the Armed Forces of the United States for use in ships, aircraft or for export from the city; but every dealer shall be required to report such sales to the tax administrator in such detail as may be required. A certificate by an authorized officer of such Armed Forces shall be accepted by the dealer as sufficient proof that the sale is for the purpose specified in the certificate. 3.65.190 Fuel in Vehicle Coming into City Not Taxed. Any person coming into the city in a motor vehicle may transport in the fuel tank of such vehicle, motor vehicle fuel for his/her own use only and for the purpose of operating such motor vehicle without securing a permit or paying the tax provided in Sections 3.65.030 and 3.65.040, or complying with any of the provisions imposed upon dealers herein, but if the motor vehicle fuel so brought into the city is removed from the fuel tank of the vehicle or used for any purpose other than the propulsion of the vehicle, the person so importing fuel into the city shall be subject to all the provisions herein applying to dealers. 3.65.200 Fuel Sold or Delivered to Dealers. 1. A dealer selling or delivering motor vehicle fuel to dealers is not required to pay a motor vehicle fuel tax thereon. Ordinance No. 06- Page 9 2. The dealer in rendering monthly statements to the city as required by Sections 3.65.040 and 3.65.120 shall show separately the number of gallons of motor vehicle fuel sold or delivered to dealers. 3.65.210 Refunds. Refunds will be made pursuant to ORS 319.280 to 319.320. Claim forms for refunds may be obtained from the tax administrator's office. 3.65.220 Examination and Investigations. The tax administrator, or duly authorized agents, may make any examination of accounts, records, stocks, facilities and equipment of dealers, service stations and other persons engaged in storing, selling or distributing motor vehicle fuel or other petroleum product or products within this city, and such other investigations as it considers necessary in carrying out the provisions of sections 3.65.020 through 3.65.279. If the examinations or investigations disclose that any reports of dealers or other persons theretofore filed with the tax administrator pursuant to the requirements herein, have shown incorrectly the amount of gallonage or motor vehicle fuel distributed or the tax accruing thereon, the tax administrator may make such changes in subsequent reports and payments of such dealers or other persons, or may make such refunds, as may be necessary to correct the errors disclosed by its examinations or investigations. The dealer shall reimburse the city for reasonable costs of the examination or investigation if the action disclosed that the dealer paid 95 percent or less of the tax owing for the period of the examination or investigation. In the event that such examination or investigation results in an assessment by and an additional payment due to the city, such additional payment shall be subject to interest at the rate of 18 percent per year from the date the original tax payment was due. 3.65.230 Limitation on Credit for or Refund of Overpayment and on Assessment of Additional Tax. 1. Except as otherwise provided in this ordinance, any credit for erroneous overpayment of tax made by a dealer taken on a subsequent return or any claim for refund of tax erroneously overpaid filed by a dealer must be so taken or filed within three years after the date on which the overpayment was made to the city. 2. Except in the case of a fraudulent report or neglect to make a report, every notice of additional tax proposed to be assessed under this code shall be served on dealers within three years from the date upon which such additional taxes become due, and shall be subject to penalty as provided in section 3.65.110. 3.65.240 Examining Books and Accounts of Carrier of Motor Vehicle Fuel. Ordinance No. 06- t Page 10 The tax administrator or duly authorized agents may at any time during normal business hours examine the books and accounts of any carrier of motor vehicle fuel operating within the City for the purpose of enforcing the provisions of this ordinance. 3.65.250 Records to be Kept by Dealers. Every dealer in motor vehicle fuel shall keep a record in such form as may be prescribed by the tax administrator of all purchases, receipts, sales and distribution of motor vehicle fuel. The records shall include copies of all invoices or bills of all such sales and shall at all times during the business hours of the day be subject to inspection by the tax administrator or authorized officers or agents of the tax administrator. 3.65.260 Records to be Kept Three Years. Every dealer shall maintain and keep, for a period of three years, all records of motor vehicle fuel used, sold and distributed within the city by such dealer, together with stock records, invoices, bills of lading and other pertinent papers as may be required by the tax administrator. In the event such records are not kept within the state of Oregon, the dealer shall reimburse the tax administrator for all travel, lodging, and related expenses incurred by the tax administrator in examining such records. The amount of such expenses shall be an additional tax imposed by section 3.65.030. 3.65.270 Use of Tax Revenues. 1. For the purposes of this section, net revenue shall mean the revenue from the tax imposed by sections 3.65.020 through 3.65.279 remaining after providing for the cost of administration and any refimds and credits authorized herein. 2. The net revenue shall be used only for the construction, reconstruction, improvement, repair, maintenance, operation and use of public highways, roads and streets within the city. The net revenue shall be used exclusively for improvements to the Greenburg Road/Highway 99 intersection. The City shall cease collecting the tax once the improvements are fully funded. SECTION 2: The tax imposed pursuant to section 3.65.030 shall take effect only after the tax administrator has developed the necessary forms and documents to administer the tax. The tax administrator shall declare when the tax shall take effect, and give not less than 15 days notice of the date before the tax may take effect. The tax administrator's decision as to the effective date of the tax and the type of notice to provided shall be final and not subject to review. Ordinance No. 06- p~ Page 11 SECTION 3: If any portion of this Chapter is for any reason held invalid or unconstitutional by a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions of this ordinance. SECTION 3: This ordinance shall be effective 30 days after its passage by the Council, signature by the Mayor, and posting by the City Recorder. PASSED: By U f 1C~ 1 Y111 vote of all Council members present after being read by number and title only, this I Ct day oflOMMIn, 2006. rte . Catherine Wheatley, City Reco APPROVED: By Tigard Ci Co it this, -day of kLQJL, , 2006. Craig A. Dirksen, Mayor Approved as to form: V ty Attorney Date Ordinance No. 06- 1 Page 12 WASHINGTON COUNTY f t t Cry S~ssi OREGON July 7, 2008 Transportation Development T Phasing and Effective Date Four Transportation Development Tax (TDT) phasing and effective date alternatives have been proposed for consideration. Other phasing and effective date combinations are possible. • Alternative 1) TDT becomes effective -7 months after election; new rates are phased in over 2 years in a "straight line;" does not include any annual adjustment for inflation. • Alternative 2) TDT becomes effective -19 months after election; new rates are phased in over 2 years in a "straight line;" includes a 6% annual adjustment for inflation. • Alternative 3) TDT becomes effective -19 months after election-; new rates are phased in over 2 years in a "straight line;" includes a 10% annual adjustment for inflation. • Alternative 4) TDT becomes effective -7 months after election; new rates are phased in over 4 years in a "straight line;" includes a 10% v annual adjustment for inflation. (This alternative was proposed by representatives of the developer group, and with concurrence by the WCCC TAC, was added to the list of options.) Provisions for allowing the vesting, or grandfathering, of projects under the current Traffic Impact Fee system also were suggested by the developer group and discussed by the TAC as a mechanism for dealing with projects that had reached a stage of development or level of commitment at which the change of costs associated with a significant increase in TIF could be a hardship. Specific provisions are under discussion. Department of Land Use & Transportation, • Planning Division 155 N. First Avenue, Suite 350-14, Hillsboro, OR 97124-3072 phone: (503) 846-3519 • fax: (503) 846-4412 AGENDA ITEM NO.2 - CITIZEN COMMUNICATION DATE: JULY 8, 2008 (Limited to 2 minutes or less, please) The Council wishes to hear from you on other issues not on the agenda, but asks that you fast try to resolve your concerns through staff. This is a City of Tigardpublic meeting, subject to the State of Oregon's public meeting and records laws. All written and oral testimony becomes part of the public record. The names and addresses of persons who attend or participate in City of Tigard public meetings will be included in the meeting minutes, which is a public record. NAME, ADDRESS & PHONE TOPIC STAFF Please Print CONTACTED Name: . Also, please spell your name as it sounds, if it will help the presiding officer pronounce: ltJ Address ///,Ae city ; State Zip Phone No. Name: Z5jq 6a ✓ Also, please spell your name as it sounds, if it will help the presiding officer pronounce: r/ '1y ✓3 r~~ nv Address r'`~~'Cc1 1 ~9 City State zip ~72 Phone No. To 3 - z o - ~ 4:2- Name: Co. i Also, please spell your name as it sounds, if it will help q 0 the presiding officer pronounce: I q IS Fir . ~uy►c.r Address / city State Zip Phone No. CITIZEN COMMUNICATION City of Tigard, Oregon • 13125 SW Hall Blvd. • Tigard, OR 97223 ij.4 AtA Of) TO: Tigard Union High School Class of 1943 on this occasion of your 65`h class reunion July 20 and 21, 2008 The City of Tigard extends to you Greetings and Best Wishes for a happy celebration. The City of Tigard pays tribute to the Class of '43, twenty-one of whom served in the armed forces during World War II, one dying on D-Day on Omaha Beach. We sincerely hope you hold fond memories in your minds and hearts of the City of Tigard I c ~ Craig E. Dirksen Mayor of the City of Tigard Date: July 8, 2008 Phone: 503.639.4171 Fax: 503.684.7297 www.tigard-or.gov • TTYRelay: 503.684.2772 Tigard Union High School Class of 1943 11120 S.W. Summer Lake Dr. Tigard, OR 97223-1978 June 30, 2008 Ms. Catherine Wheatley Recorder, City of Tigard 13125 S.W. Hall Blvd. Tigard, OR 97223 Dear Cathy: This year of 2008 is special for our class who graduated from Tigard Union High School in May of 1943. It marks the 65th anniversary of that event. Of our class of sixty-two, twenty-one served in the military in World War II, one dying on Omaha Beach on D-day. To commemorate and celebrate, we will meet for a reunion luncheon on July 21 st at the Golden Crown Restaurant & Lounge of China 10655 S.W. Beaverton Hillsdale Hwy. Beaverton, Oregon Time: 1:30 P.M. Our get-together will be even more enjoyable if you join our group for the luncheon on that special Monday in July. With regards to you and with hopes of seeing you at the Golden Crown, we are the (self-appointed) reunion committee Vlasta Becvar Barber Patricia Anderson Keerins 11120 S.W. Summer Lake Dr. 12195 S.W. 121st Ave. Tigard, OR 97223 Tigard, OR 97223 phone: 503 - 524-3224 phone: 503 - 590-3067 vlastatomas@earthIink.net okeerins@verizon.net P.S. Thank you, Cathy, for your help on this project. MEMORANDUM • TO: Honorable Mayor & City Council Agenda Item No. 3 GL For Agenda of _july 8, 2008 FROM: Cathy Wheatley, City Recorder RE: Three-Month Council Meeting Calendar DATE: July 3, 2008 Regularly scheduled Council meetings are marked with an asterisk July 1 Tuesday Special Council Meeting - Comprehensive Plan Public Hearings - 6:30 p.m., Town Hall 4 Friday 4th of July Holiday - City Hall Closed 8* Tuesday Council Business Meeting - 6:30 pm, Town Hall 15* Tuesday Council Workshop Meeting - 6:30 pm, Town Hall 22* Tuesday Council Business Meeting - 6:30 pm, Town Hall 29 Tuesday Fifth Tuesday Council Meeting - 7-9, Public Works Auditorium August 5 Tuesday Special Council Meeting - Comprehensive Plan Workshop - 6:30 p.m., Town Hall 12* Tuesday Council Business Meeting - 6:30 pm, Town Hall 19* Tuesday Council Workshop Meeting - 6:30 pm, Town Hall 26* Tuesday Council Business Meeting - 6:30 pm, Town Hall (Meeting might be cancelled.) September 9* Tuesday Council Business Meeting - 6:30 pm, Town Hall 16* Tuesday Council Workshop Meeting - 6:30 pm, Town Hall 23* Tuesday Council Business Meeting - 6:30 pm, Town Hall 30 Tuesday Fifth Tuesday Council Meeting - 7-9, Public Works Auditorium I:\ADM\City Council\3-month calendar for 080708 cc mtg.doc Agenda Item No. 3 - b Tigard City Council Tentative Agenda 2008 Meeting of a a~ Meeting Date: July 8, 2008 Meeting Date: July 15,200 8 Meeting Date: July 22, 2008 Meeting Type/Time: Business/6:30 p.m. Meeting Type/Time: Workshop/6:30 p.m. Meeting Type/Time: Business/6:30 p.m. Location: City Hall Location: City Hall Location: City Hall Greeter: Greeter: Greeter: Materials Due @ 5: June 24, 2008 Materials Due @ 5: July 1; 2008 Materials Due @ 5: July 8, 2008 Study Session Study Session Workshop Agenda Exec. Session - Real Property Nego. -Phil N. - 20 min Discuss process for annual City Manager Discussion on RTP and Trans. Issues With Metro Wilsonville's 1-5 to 99W Connector Issues - Gus D. -15 Review - Sandy Z. - 10 min. Councilor Burkholder, Metrostaff:-and Others Review and Discuss Gresham's Rental Housing Discussion of Partners for a Sustainable Wash. Co. Ron B. - PPT 90. mins' Inspection Program - Brian B. - 10 min. Community (PSWCC) Proposal - Liz - 15 min. CCDA - Update on Draft Design Standards and Update on Tigard/Lake Oswego Partnership-Dennis - 20 min. Extension of Fuel Tax Coll. Period - Gus. D. - 10 min. Proposed Land Use Changes for Downtown Consent Agenda Urban Ren. Dst. & Preview 7/30/08 Open House - Consider Purchase of Vehicles - Dennis K. Consent Agenda Sean & Ron - 15 min::- PPT Accept Smart Development Code Assistance from Approve Workers Comp. Ins. For Vols.-Loreen-RES Tigard Triangle Land Use and Transportation Dept. of Land Cons/bevel - Sean F. & Ron B. Issues - Kim M. and Ron B. -;45 min. Class/Comp Study Report - Sandy Z. Business Meeting Discuss Appointment of Ad=Hoc Citizen Advisory LCRB- Award Contract for Pavement Maint. Under Mayor/President Stipend- Liz N. - 30 min. -RES Committees - Ron B. - 15 min. FY 2008-09 PMMP - Phase 1 - Vannie N. - MO Comp Plan Workshop with Planning Commission Review Council Groundrules - SI Admin. - 20 min. LCRB -Award Contract for Creek Bank Stabilization re: Goal 14: Urbanization - Darren W. - 60 min 108th & Durham Rd., - Vannie N. - MO Comp Plan Workshop - Goal 5: Natural LCRB-Permit System Contract Amend. - Brian B.-MO Resources - Darren W. - 60 min. Adoption of TPOA Contract Modifications - Sandy Discuss Barrows Road Closure - Gus D. -10 min. Declare Real Property Located at 10310 Canterbury Lane as Surplus - Dennis - RES Business Meeting Chamber of Commerce Rep. - 5 min. Present App. Certs. to Lifesavers - Chief D. - 5 min. Consider Purchase of Surplus Real Property- at 10310 Canterbury Lane - Dennis K. - 10 min. - RES Consider Revisions to City's Emergency Operations Plan - Dennis K. - ORD - 10 min. Public Hearing - Renaming of Alpine View Gus D. - ORD or RES - 15 min. Council Goal Update - SI - Admin. - 15 min. Time Avail: 135 min. - Time Scheduled: 160 min. Time Avail: 200 min. - Time. Scheduled: 185 min. Time Avail: 135 min. - Time Scheduled: 80 min. Time Left: -25 min. Time Left: 15 min. Time Left: 55 min. Page 1 of 4 7/3/2008 1 Tigard City Council Tentative Agenda 2008 Meeting Date: July 29, 2008 Meeting Date: August 5, 2008 Meeting Date: August 12, 2008 Meeting Type/Time: 5th Tuesday/7-9 p.m. Meeting Type/Time: Special Mtng./6:30 p.m. Meeting Type/Time: Business/6:30 p.m. Location: Public Works Building Location: City Hall Location: City Hall Greeter: Greeter: Greeter: Materials Due @ 5: Materials Due @ 5: July 22, 2008 Materials Due @ 5: July 29, 2008 Fifth Tuesday Meeting Special Meeting Study Session Public Hearing Comp. Plan - Goal 5: Natural Exec. Session - Conduct Annual City Manager Resources - Darren W. - 60 min. Performance Evaluation - Sandy Z. - 20 min. Consider a Water Partnership IGA between COT and Lake Oswego - Dennis K. - 15 min. Consent Agenda Business Meeting QJPH - Consider Brentwood Homes Annexation (ZCA 2008-00004) - Emily E. - 30 min. ORD Finalize SS Reimbursement District No. 38 Fairhaven - Gus D. - 15 min. Time Avail: 135 min. - Time Scheduled: 75 min. Time Avail: 135 min. - Time Scheduled: 45 min. Time Left: 60 min. Time Left: 90 min. Page 2 of 4 7/3/2008 1 Tigard City Council Tentative Agenda 2008 Meeting Date: August 19, 2008 Meeting Date: August 26, 2008 Meeting Date: September 2, 2008 Meeting Type/Time: Workshop/6:30 p.m. Meeting Type/Time: Business/6:30 p.m. Meeting Type/Time: Business/6:30 p.m. Location: City Hall Location: City Hall Location: City Hall Greeter: Greeter: Greeter: Materials Due @ 5: August 5, 2008 Materials Due @ 5: August 12, 2008 Materials Due @ 5: August 19, 2008 Craig Prosser Absent Craig Prosser Absent Workshop Meeting Study Session Special Meeting This meeting may be cancelled. Items moved to September 9, 2008 meeting Consent Agenda LCRB-Award Seismic Evaluation & Pump Station Upgrade Eng. Svcs. Contract for 10MG Reservoir Dennis K. Business Meeting Chamber of Commerce Rep. - 10 min. Time Avail: 200 min. - Time Scheduled: 20 min. Time Avail: 135 min. - Time Scheduled: 70 min. Time Avail: 135 min. - Time Scheduled: 60 min. Time Left: 180 min. Time Left: 65 min. Time Left: 75 min. Page 3 of 4 7/3/2008 1 Tigard City Council Tentative Agenda 2008 Meeting Date: September 9, 2008 Meeting Date: September 16, 2008 Meeting Date: September 23, 2008 Meeting Type/Time: Business/6:30 p.m. Meeting Type/Time: Workshop/6:30 p.m. Meeting Type/Time: Business/6:30 p.m. Location: City Hall Location: City Hall Location: City Hall Greeter: Greeter: Greeter: Materials Due @ 5: August 26, 2008 Materials Due @ 5: September 2, 2008 Materials Due @ 5: September 9, 2008 Craig Prosser Absent Craig Prosser Absent Study Session Workshop Agenda Study Session Joint Meeting with Park and Rec. Advisory Board - PW - SI - 30 min. Re-evaluation of the Street Maintenance Fee Rate - Gus - 30 min.- PPT Consent Agenda Consent Agenda Business Meeting Business Meeting THS Student Envoy - 10 min. Chamber of Commerce Rep. - 10 min. Proc. - National Drug & Alcohol Recovery Month - Joanne - 5 min. Qtrly Report - Capt. Dawson - TVF&R - 10 min. Annual Police Dept. Update - Bill D. - 30 min.- SI Comp. Plan - Urbanization Workshop - Darren W. 60 min. Time Avail: 135 min. -Time Scheduled: 115 min. Time Avail: 200 min. - Time Scheduled: 30 min. Time Avail: 135 min. - Time Scheduled: 10 min. Time Left: 20 min. Time Left: 170 min. Time Left: 125 min. Page 4 of 4 7/3/2008 1 Agenda Item No. • - L' Meeting of O1 lPK_ C OS CITY COUNCIL REGULAR MEETING MINUTES April 15, 2008 ORCGON . Council President Turchi called the regular City Council meeting to order at 6:00 p.m. on April 15, 2008, in the City Council Chambers, 380 A Avenue. Present: Councilors Turchi, McPeak, Hennagin, Groznik, Jordan, and Johnson; Mayor Hammerstad was excused Staff Present: Alex McIntyre, City Manager; Evan Boone, Deputy City Attorney; Robyn Christie, City Recorder; Jane Heisler, Public Affairs Director; David Donaldson, Assistant City Manager; Jeff Munro, Parks Superintendent; Elizabeth Papadopoulos; Maintenance Director; Sidaro Sin, Senior Planner; Joel Komarek, City Engineer Youth Council: none 3. PRESENTA'T'IONS Jimmy Thompson, Troop 230, was present and working toward his Communications Merit Badge. 4. CONSENT AGENDA Councilor Jordan reviewed the consent agenda. 4.1.1 Award of Contract for temporary employee service Action: pulled for discussion 4.1.2 Resignation of Colin Cooper from the Planning Commission Action: Accept resignation with regret 4.2 RESOLUTIONS 4.2.1 Resolution 08-25, approving an Intergovernmental Agreement with Alto Park Water District for Fire and Emergency Medical Services Action: Adopt Resolution 08-25 4.2.2 Resolution 08-26, approving an Intergovernmental Agreement with Lake Grove Rural Fire Protection District for Fire and Emergency Medical Services Action: Adopt Resolution 08-26 4.3 APPROVAL OF MINUTES 4.3.1 February 12, 2008, special meeting 4.3.2 February 19, 2008, regular meeting 4.3.3 February 20, 2008, special meeting 4.3.4 March 4, 2008, regular meeting Action: Approve minutes as corrected END CONSENT AGENDA Councilor Groznik moved to approve the consent agenda. Councilor McPeak seconded the motion. A voice vote was taken, and the motion passed with Council President Turchi, Councilors Groznik, Jordan, Hennagin, Johnson, and McPeak voting `aye.' (6-0) City Council Regular Meeting Minutes Page 1 of 7 April 15, 2008 5. ITEMS REMOVED FROM THE CONSENT AGENDA 4.1.1 Award of Contract for temporary employee service Mr. Munro explained this service would assist regular employees in mowing, landscape maintenance, trash removal, event staffing, and things of that nature on a seasonal, short-term basis. The City prepared a request for proposals (RFP) for services up to 13,500 hours or about 16 workers over a 6-month period. Staff found that "The Personnel Department" provided the best combination of rates and services and recommended Council award the contract. The funds were budgeted under miscellaneous professional and technical services. He discussed the cost difference between the 2 respondents and the crew management process. Councilor Jordan moved to award a temporary employee service contract to "The Personnel Department" up to $185,000 to provide temporary workers to park Maintenance and Maintenance Services Division. Councilor Johnson seconded the motion. A voice vote was taken, and the motion passed with Council President Turchi, Councilors Groznik, Jordan, Henn agin, Johnson, and McPeak voting `aye.' (6-0) 6. CITIZEN COMMENT None 7. PUBLIC HEARINGS 7.1 Ordinance 2509, an ordinance annexing to the City of Lake Oswego one parcel comprising approximately 0.32 acres at 4800 Upper Drive; declaring City of Lake Oswego zoning pursuant to LOC 50.05.025; and removing the parcel from certain districts (AN 08-0001) Mr. Boone reviewed the hearing procedure. Councilor Johnson announced a relative owned property near the subject site but did not believe that would influence her decision. No other member of Council declared any ex parte contacts, site visits, bias, or conflicts of interest. No member of the audience challenged any Council member's right to consider the application. Mr. Sin provided the staff report. The annexation was one parcel on Upper Drive with a single- family residence, and no right-of-way was proposed for annexation. The zoning designation was R- 7.5, low-density residential. He indicated the property on an aerial map and noted the single-family residence had been vacated since early 2007 due to a failing septic system. The new property owner wished to annex in order to rehabilitate the house and occupy it or sell the parcel. He noted parcels which had been annexed in January. He reviewed the annexation criteria including adequacy of City services and the subsequent withdrawals. He explained the right-of-way was included in previous annexations. As no wished to testify Council President Turchi closed the public hearing. Councilor McPeak moved to adopt Ordinance 2509. Councilor Jordan seconded the motion. A voice vote was taken, and the motion passed with Council President Turchi, Councilors Groznik, Jordan, Hennagin, Johnson, and McPeak voting `aye.' (6-0) 7.2 Ordinance 2510, an ordinance annexing to the City of Lake Oswego one parcel comprising approximately 0.91 acres at 13560 Fielding Road; declaring City of Lake Oswego Zoning pursuant to Lake Oswego Community Development Code 50.05.025; and removing the parcel from certain districts (AN 08-0002) No member of Council declared any ex parte contacts, site visits, bias, or conflicts of interest. No member of the audience challenged any Council member's right to consider the application. Mr. Sin provided the staff report. This annexation was north of Foothills Park and east of Hwy 43. He indicated the property on a map. The zoning designation for the property was R-10 and had a Willamette River Greenway Overlay. The annexation would not create a new island. The parcel City Council Regular Meeting Minutes Page 2 of 7 April 15, 2008 was also within the City's flood management area. There was a single-family residence, but Mr. Sin understood it had been demolished. The property had mature trees and sloped toward the Willamette River. He reviewed the annexation criteria including adequacy of City services and the subsequent withdrawals. The City did not have any plans at this time for surface water management improvement projects. The sewer was owned by Portland. He discussed the limited conditions under which one could build in the 100-foot buffer area in the Willamette Greenway. Mr. Boone discussed mitigation requirements for single-family residences in the Greenway. There were a number of uses permitted which would be reviewed by the Development Review Commission (DRC) as a development within the Greenway Management Plan but not as a conditional use. Mr. Sin understood the owners and applicants had a pre-application conference on this property for a single-family residence so had some familiarity with the requirements. Councilor Jordan assumed, since there were no stormwater services and the property sloped to the River, that Lake Oswego would require on-site treatment. Mr. Sin believed there were several options. The first was to connect to available services. In this case there were some intermittent services along Fielding Road, and if a connection were made, properties further along the road would be impacted. He understood the engineering department was looking at discharging runoff into the River or on-site detention such as drywells, and this would be worked out with the applicant. Councilor Groznik understood upon annexation stormwater management would be subject to Lake Oswego regulations and that the stormwater would be taken care of one way or another. Mr. Sin explained the City had 3 drainage basins: Oswego Lake and the Tualatin and Willamette Rivers. This was all subject to engineering department review. A water quality standard would be considered before discharging into the Willamette. Mr. Boone added under the Willamette Greenway Act one of the significant issues was protection of fish and wildlife habitat which added an overlay to the drainage standard on mitigation and protection of the resource. Mr. Sin discussed notification requirements. Council President Turchi commented on the need to generally address stormwater issues in the area. As no wished to testify Council President Turchi closed the public hearing. Councilor Jordan moved to adopt Ordinance 2510. Councilor Johnson seconded the motion. A voice vote was taken, and the motion passed with Council President Turchi, Councilors Groznik, Jordan, Hennagin, Johnson, and McPeak voting `aye.' (6-0) 8. INFORMATION FROM COUNCIL 8.1 Councilor Information Councilor McPeak discussed online information available on the upcoming election. 8.2 Reports of Council Committees, Organizational Committees, and Intergovernmental Committees Councilor Johnson provided information on her attendance at Clackamas County Community Partners Wastewater Task Force that was looking at regional solutions. Councilor Jordan reported on her attendance at the Metro Policy Advisory Committee (MPAC) meeting and Clackamas County's Urbanization Forum. She discussed Metro Transportation Improvement Program (MTIP) flexible funding which was limited to less than $68 million and reduced the amount of local project funding. There were more projects than funding available. The Urban and Rural Reserves Committee met and reviewed the maps. City Council Regular Meeting Minutes Page 3 of 7 April 15, 2008 Council President Turchi reported on the Regional Emergency Management meeting. 9. REPORTS OF OFFICERS 9.1 City Manager Mr. McIntyre suggested an April 22 study session on the FEMA floodplain maps which the Planning Commission had considered. 9.2 City Attorney No report Council President Turchi recessed the meeting at 6:55 p.m. to reconvene at 7 p.m. 10. STUDY SESSION 10.1 Joint meeting with the City of Tigard and Intergovernmental Water Board regarding the Joint Water Supply Study Council President Turchi called for introductions including Lake Oswego Council members, Mr. McIntyre, Mr. Lashbrook, and Mr. Boone. Tigard representatives Tigard Mayor Craig Dirksen, Tigard Council President Sydney Sherwood, Tigard Councilor and Intergovernmental Water Board (IWB) Member Gretchen Buehner, Tigard Councilors Nick Wilson and Tom Woodruff, IWB Chair Patrick Carroll, IWB Vice Chair Dick Winn, IWB Board Members Bill Scheiderich and Julie Russell, Tigard City Manager Craig Prosser, Tigard Public Works Director Dennis Koellermeier Tigard City Attorney Tim Rams, Attorney Clark Balfour (attorney preparing the agreement), and Utility Division Manager John Goodrich. Mr. Carroll discussed the IWB composition representing water users. Mr. Komarek outlined the presentation that identified shared goals and major terms of the draft partnerships agreement. An important goal was to have a water system that served the needs of both communities, shared capital and operating costs, offered greater regional strength in regional water supply issues, improved system reliability, and preserved Lake Oswego's water rights. Lake Oswego and Tigard had shared a long history of shared water service since the 1970s on a wholesale basis. In early 2006, Lake Oswego and Tigard jointly funded and managed an engineer analysis, and the two Councils heard a recommendation and findings and agreed there was a significant benefit in a partnership. A working group was appointed with periodic Council member support to come up with a mutually agreeable partnership. In December 2007, both cities executed a memorandum of understanding (MOU) that committed both parties to do their best to come up with mutually-acceptable terms and result in a shared water system. Mr. Komarek reviewed the major highlights of the agreement. It did not create a new unit of government. The agreement would commit the cities to jointly find and build supply and treatment between now and 2016 when Tigard's agreement with Portland expired. The cities would share water through Lake Oswego's rights on the Clackamas River with 24 million gallons per day (mgd) to Lake Oswego and 14 mgd to Tigard, and share shortages equally. He reviewed the system components. The treatment plant had a 16 mgd capacity, and the water was pumped to Lake Oswego, crossed Oswego Lake, and proceeded to Waluga Reservoir. Several lines connected to the Bonita Road pump station. The system was built in the mid- to late 1960s, so it was getting older, which motivated the expansion and improvements. He discussed improvements made in 2002 that addressed the Endangered Species Act (ESA). The water rights would be retained by Lake Oswego, and Tigard would have an equity ownership of the new facilities and the land under those facilities in relation to capacity share of the system. The agreement would establish a schedule to bring new capacity on line. Excess capacity in the system of one party would be leased by the other. The agreement established existing service areas and acknowledged potential future service areas but did recognize the need for mutual consent. The agreement did not preclude either party from pursuing other water supply options. City Council Regular Meeting Minutes Page 4 of 7 April 15, 2008 Mr. Koellermeier reviewed Tigard's service area and corresponding urban service areas. The agreement was formulated to recognize Lake Oswego as the managing partner through the system expansion and project construction. The cost of the expansion and operation and maintenance would be shared in proportion to capacity ownership. Tigard would reimburse Lake Oswego for the design and construction payments from a reserve account. The agreement would establish a technical committee and an oversight committee made up of elected officials from each of the cities that would advise the respective City Councils. Some decisions like rate setting and system development charges (SDC) would be made by individual cities while others would be made by both cities. The agreement would also address withdrawal or sale of assets, dissolution of the partnership, dispute resolution, governance, and addition of new partners. Staff and the working group felt it had reached a good outline of the agreement and envisioned a public process prior to adoption in June 2008. The IGA had to be ratified and financing needs and timing identified. He provided a slide showing the major components of the program and schedule from 2008 - 2017. A document should be ready for public review and comment in 30 - 45 days. Councilor Groznik asked how public input would be sought to keep momentum going. Mr. Koellermeier replied the complicating issue was the number of governmental units involved. Once the document was available it would go to the respective Councils and through the hearing and comment process. Tigard had discussed the source selection for some time and was bringing the public along. Ms. Buehner added the working group decided it was best to develop a list of bullet points that outlined the substance of the agreement for this meeting rather than trying to have a detailed final document. Tigard was ready to go out with the bullet points with fine-tuning to follow. Councilor Jordan asked when financial and ratepayer information would be available. Mr. Komarek replied a rigorous financial analysis was prepared last July based on the feasibility study. Although those costs might change, he was comfortable going to the public with the understanding there might be some changes. Councilor Jordan suggested it would be a good idea for each city to have a schedule of the others' outreach process. Mayor Dirksen assumed in 30-45 days each Council would have had time to review the document and be comfortable with the language and ready to present the document jointly. He suggested open houses with representatives from both Councils to support the notion of a partnership. Mr. Koellermeier said he felt the working group had looked at the document pretty thoroughly. Councilor Hennagin had perceived the IWB had a different boundary, and Tigard had its own water service. Mr. Koellermeier replied Tigard was the water supplier to the members of the IWB which acted in an advisory capacity to the City of Tigard and represented the various users. Tigard was the funding agency and had the bonding power. One attendee noted a portion of Tigard was served by the Tualatin Valley Water District. The Tigard Water Service District included a potion of Tigard, Durham, and King City. Councilor Hennagin understood shortages would be shared equally. Mr. Komarek replied there was more work to be done, but they wanted any shortages to be shared equally. Councilor McPeak was concerned about the short timeframe. She herself saw no big hurdles at this point. Mr. Winn asked if it was too soon to provide citizens with a cash flow program. City Council Regular Meeting Minutes Page 5 of 7 April 15, 2008 Mr. Koellermeier replied that concept existed in draft form today, and staff did not wish to presume the partnership was a given. The information was an outflow of the construction schedule, and it would be available in that 30 - 45 day window. Council President Turchi observed people in both communities might have new ideas, so it was important to see where the public process went. Hopefully it would be a short period of time, but he felt both Councils had to be flexible and ready to work through problems. Ms. Buehner thought the designated users of the water rights were interesting. Mr. Komarek replied Lake Oswego held two permits on the Clackamas River and one on the Willamette. There was a place of use associated with each permit and a point of diversion and rate of use which was 38 mgd on the Clackamas and 3.8 mgd on the Willamette. The larger of the Clackamas permits included the City of Tigard as a place of use. The smaller permit also named the City of Tigard as a place of use in addition to the City of Tualatin. The Willamette permit was secured in 1975 and was an alternate source in the event of an emergency. Mayor Dirksen noted there would be greater costs for ratepayers from both cities, and no one wanted to raise rates. Even though Tigard might continue to lease water from Portland, in the long term that was a very expensive way to deliver water to residents. In the long run it would be a better deal rather than doing nothing. Councilor McPeak recalled the Carollo report presented a good case for the logic of this outcome. Councilor Jordan observed Metro would be making decisions about urban and rural reserves. Lake Oswego and Tigard went through this process, and need from the Stafford triangle had been considered. It could be possible for Lake Oswego to share even more of its capacity with Tigard if it was not used in Stafford. Mr. Komarek replied sonic excess capacity for Stafford, some time in the future, could be leased to the other. Councilor Turchi thought one of the real benefits was being able to defray the costs by building excess capacity and making it better for Lake Oswego ratepayers. Mayor Dirksen added Tigard could also sell its excess capacity. Councilor Groznik asked Mr. Komarek to discuss the benefits of redundancy. Mr. Komarek replied Lake Oswego currently had one supply source with small interconnections. This partnership could provide access to Bull Run and potentially the Willamette. He discussed possible constraints on the Clackamas and the vision of a broad regional system. Mayor Dirksen added Tigard was under no illusion that this partnership would always and forever provide the City with an adequate source of water. At some point the demands would outstrip the supply, so Tigard would maintain its other relationships. While Lake Oswego was considering Stafford, Tigard was considering other areas as well. Lake Oswego was the preferred option. Mr. Lashbrook understood the Carollo report could be available on each city's website. The group recognized the working groups and Mr. Koellermeier and Mr. Komarek for their work. Ms. Buehner felt this was a win-win agreement for ratepayers through shared expenses and economy of scale. Councilor Jordan asked when the tipping point was for reaching an agreement. Mayor Dirksen responded based on pressures from other potential partners that point was October. 11. ADJOURNMENT Councilor Turchi adjourned the meeting at 7:57 p.m. City Council Regular Meeting Minutes Page 6 of 7 April 15, 2008 Respectfully submitted, Robyn Christie /s/ Robyn Christie City Recorder APPROVED BY THE CITY COUNCIL: ON May 20, 2008 Judie Hammerstad /s/ Judie Hammerstad, Mayor City Council Regular Meeting Minutes Page 7 of 7 April 15, 2008 Agenda Item # 3 Meeting Date 7/8/08 COUNCIL AGENDA ITEM SUMMARY City Of Tigard, Oregon Issue/Agen Title Approve Workers' Compensation Insurance for Volunteers n n Prepared reen Mills Dept Head Approval: City Mgr Approval: 1 X ISSUE BEFORE THE COUNCIL Should the City continue to provide Workers' Compensation Insurance to volunteers to protect them if they are injured during their volunteer work time? STAFF RECOMMENDATION Approve resolution to provide workers' compensation benefits to City volunteers 7/1 /08 through 6/30/09. KEY FACTS AND INFORMATION SUMMARY ■ Protect City volunteers by providing Workers' Compensation Insurance for them when they volunteer • Workers' Compensation Insurance is less costly and provides more benefits than health insurance • City Council places high value on volunteers and the volunteer program and has provided this coverage for several years to protect volunteers if they are injured during volunteer work ■ Oregon law requires cities decide whether Workers' Compensation Insurance will be provided to volunteers (ORS 656.031) ■ City County Insurance Services requires Council adopt a resolution to declare provision of volunteer workers' comp coverage OTHER ALTERNATIVES CONSIDERED ■ Provide health care coverage, accidental death & dismemberment insurance or no coverage at all rather than Workers' Compensation Insurance for volunteers. Health & accidental death/dismemberment insurance coverage is more expensive and would provide less coverage for volunteers than Workers' Comp. Not providing any coverage for injuries is not in keeping with Council's past practice. CITY COUNCIL GOALS Goal 4 "Promote and honor good citizenship in Tigard". People who volunteer typically become engaged citizens of the community. Providing Workers' Compensation Insurance for these volunteers is another way to recognize and honor their service. ATTACHMENT LIST ■ Resolution & Exhibit A - List of volunteer opportunities and assumed wages used to calculate insurance benefits. FISCAL NOTES Workers' Compensation Insurance premiums for volunteers are in the 08/09 fiscal year budget. About $11,575 of the City's Workers Comp premium provides. coverage for City volunteers. Agenda Item # Meeting Date July 8, 2008 CITY COUNCIL AGENDA ITEM SUMMARY City Of Tigard, Oregon Issue/Agenda Titl Public Hearin : Expansion of Duties for either Mayor or Council President 1 Prepared By: Dept Head Approval City Mgr Approval: (J'_ 4 f _at ISSUE BEFORE THE COUNCIL Should City Council amend their Ground Rules to authorize Council, members to enter into an agreement to expand the duties and compensation for either the Mayor or Council President. STAFF RECOMMENDATION Take public comment on the proposal and direct staff on how to proceed. KEY FACTS AND INFORMATION SUMMARY On March 11, 23008 the City Council adopted Resolution 08-09 establishing and appointing members to the Council Service Task Force. The Task Force was created to conduct a review of the requirements for Council and to make recommendations on what incentives or procedural changes, if any, might be made to attract Council candidates. The Task Force made four recommendations to City Council - one regarding Council duties and compensation. Specifically: Leave compensation for current Council members at the current level with one exception. Budget up to $42,000 annually for one elected official (Mayor or Council member) to be compensated for up to 20-hours per week to assume specific additional Council responsibilities. The seated Council members would determine if one of their colleagues was suited for and available to assume additional duties each year. The Council members would define the assigned duties and the authorized funding level. The Council may also decide not to authorize any expenditure for the budget year. Allowing the seated Council to determine who, if anyone, will receive the additional assignment means candidates can't run for that position. City Council discussed the proposal at their June 3 meeting and directed staff to schedule a public hearing to receive citizen comments. One letter was received at the June 10 Council meeting - a copy is attached. Issues raised include compensation already received by Council members and questions about Council attendance at meetings that staff could attend. Chapter 2.44 (attached) of the Tigard Municipal Code authorizes the longstanding practice of compensating Council members for the attendance at regular Council meetings. In addition, each Councilor is expected to serve as a liaison as assigned to city boards, task forces and committees. A list is attached. The proposal to provide compensation for the Mayor or Council President for expanded duties addresses the increasing number of regional boards, committees and other commitments that require an elected official to participate. A list is attached that includes whether or not membership is restricted to elected officials. Meeting times for these groups vary from early morning to during the work day to evening making it difficult to maintain a regular work schedule and participate fully. The attached list does not include regional task forces and boards that staff participate on. In addition to the regular regional commitments, Tigard elected officials could and should play a major role in advancing Tigard's interests at the regional and State level on issues such as bringing light rail to Tigard, land use issues such as urban expansion and at the legislative level on transportation funding and annexation policy. OTHER ALTERNATIVES CONSIDERED 1. Modify the proposal. 2. Delay action. CITY COUNCIL GOALS i. Pursue opportunities to reduce traffic congestion in Tigard - continue state and regional advocacy for transportation improvements in Tigard. ATTACHMENT LIST 1. Letter from Linda Monahan dated Jun 10, 2008 2. Tigard Municipal Code Chapter 2.44 3. Tigard Board/Committee Name 4. Regional Commitments FISCAL NOTES $45,250 is included in 2008-09 Council budget. i/adm/city council/2008/expansion of duties of mayor or council president 080703.docx June 10, 2008 Mayor and City Council City of Tigard 13125 SW Hall Blvd. Tigard, OR 97223 Dear Mayor and Council: I read with interest the June 5 article in The Oregonian regarding the proposed budget for fiscal year 2008-2009. I have lived in Tigard for 25 years and this is the first time I have felt compelled to address the proposed budget. I had planned to provide public testimony at your June 10 meeting but as I reviewed the agenda, it appeared to me that the resolution to adopt the proposed budget was in place and the proposed budget was indeed a slam dunk. However, I do wish to express my concerns about the proposed $45,250 stipend to attend meetings. I hope that once you have had an opportunity to pause and reflect, you will choose to not spend the money as appropriated. I believe that this proposal is ill advised for the following reasons: 1) The Mayor and Council already receive stipends for meeting attendance; 2) The meetings are already attended by city staff or staff can be deployed to attend meetings; 3) The stipend smacks of paid position for an elected official; 4) The resources could be better utilized by providing direct service to the community. I have always thought that the Mayor and Council served as volunteers. I expect that you have some interest in providing a service to the community. I must not get out much because I was shocked to learn that you already receive a stipend of $5700 and $4200 a year respectively. When I have served on volunteer boards and commissions, I never expected to receive a stipend of any kind. In fact, when I served on one commission, I had to take vacation time or flex my work schedule to be able to attend meetings. Added to my surprise about the stipend, the family health coverage was an even greater concern. I don't know what the city's coverage is for family health care insurance. I know that my premium for full family runs around $1100 a month for an indemnity plan. I expect that the city picks up the monthly premium of around $1000 for your coverage. This translates to a benefit of $12,000 annually if you take advantage of the health insurance coverage. If that is the case, it means that you already receive a benefit of $17, 700 and $16,200 a year respectively. That sounds to me like an adequate, if not generous, benefit for volunteer service. Further, you probably have the opportunity to attend national conferences in which the city picks up your registration, hotel, airfare and maybe per diem. You may see this as a perk for the time you spend on city business. As a taxpayer, I see it as a direct benefit that you receive by virtue of your being an elected official. Next, the proposal, as I understand it, provides a stipend for attending regional meetings. I realize that there are lots of public meetings, task forces, committee meetings and neighborhood groups that you may feel compelled to attend to advocate for the city's interests or hear citizens voice concerns. One could probably make their life's work in attending public meetings. I appreciate the time that you spend away from your family, your employment, your business and your other interests to serve on the City Council. I believe, however, that the vast majority of these meetings are already attended by city staff. As I understand city government, the Council sets policy, mission, vision, goals and priorities. The City Manager directs the staff in carrying out the Council's agenda. Staff already attend local and regional meetings and convey the council's interests. I'm not convinced that there is any more benefit in having a council member in attendance. I also was curious about what $45, 250 worth of meetings would look like. If you were paid $30 an hour, you could be remunerated for around 1500 hours a year. When you were elected to serve, I doubt that the citizens of Tigard ever expected you to put in an additional 1500 hours to serve the community. The $45,250 worth of meetings brings me to my next point. When I saw this number reported, my initial reaction was that it smacked of creating a part time position for an elected official. I understand that the City's charter provides for a council/manager form of government. The use of city money to pay for an elected official's position strikes me as being in direct conflict with that form of government. Finally, the $45,250 could be better utilized to provide direct service to the community. $45,200 is a lot of money. Think of what you could do with it like expanding the library's hours, enhancing park and recreation services, establishing a food pantry to serve the elderly, homeless and economically disadvantaged, build programs to curb gang and youth violence. I'll wager that you along with city staff have innovative and creative ideas about programs to better serve the community if only the resources were available. I hope that you will think about the concerns that I have raised. I think that if you pause and reflect, you'll come to the same conclusion that I have which is that the $45, 250 stipend is an ill conceived proposal and those resources can be better utilized to serve the community. Sincerely, //t41--i Linda Monahan 10248 SW Kent Ct. Tigard, OR 97224 C: Craig Prosser v Cathy Wheatley The Tigard Times TIGARD MUNICIPAL CODE Chapter 2.44 CITY COUNCIL*. Sections: 2.44.010 Compensation*. 2.44.010 Compensation*. For attendance at regularly scheduled meetings of the City Council and meetings for an intergovernmental board, committee, or agency, each duly appointed or elected council member and the Mayor shall be entitled to compensation. The amount of compensation may be reviewed and set annually by resolution of the City Council as part of the budget cycle. (Ord. 95-22; Ord. 87- 35 §1, 1987; Ord. 84-57, 1984; Ord. 77-76 §1, 1977; Ord. 73-21 §1, 1973; Ord. 72-23 §1, 1972; Ord. 62-10 §1, 1962). * For Charter provisions allowing the compensation of each city officer to be fixed by the Council, see Chapter III § 11 of the Charter of the City of Tigard.■ 2-44-1 SE Update: 12101 Tigard Board/Committee Assignment Primary Council Liaison Alternate Budget Committee All City Center Advisory Commission Councilor Sherwood Committee for Citizen Involvement Mayor Dirksen Downtown Streetscape Working Group Vacant Fanno Creek Park Master Plan Steering Committ Vacant Financial Strategies Task Force All Hwy 99W Citizen Advisory Committee Councilor Buehner Library Board Councilor Sherwood Park & Recreation Advisory Board Councilor Woodruff Planned Development Code Review Comm. Vacant Planning Commission Councilor Buehner Transportation Financial Strategies TF Councilor Buehner Tree Board Councilor Woodruff Youth Advisory Council not assigned - REGIONAL Commitments 1'f unary Member Alts natc Membetsh~P Restriction Community Development Block Grant Policy Advisory Board Councilor Sherwood Duane Roberts Elected Official Intergovernmental Water Board Councilor Buehner Councilor Sherwood Elected Official Joint Water Commission Councilor Woodruff Councilor Sherwood Elected Official Lake Oswego Water Oversight Committee (IGA for Water) Councilor Woodruff Elected Official Preferred Metro - FACT Mayor Drake- Beaverton Elected Official represents all cities in county Metro - MPAC Mayor Kidd- Forest Grove Mayor Dirksen-Tigard Elected Official Metropolitan Area Communications Commission Councilor Woodruff Louis Sears- IT staff Oregon Mayors Association Mayor Dirksen :,n/a* Elected Official Regional Water Providers Consortium Councilor Woodruff Councilor Sherwood Elected Official Tigard-Tualatin School District joint meeting All Elected Officials Tualatin Basin Natural Resources Coordinating Committee Councilor Woodruff Councilor Sherwood Elected Official Tualatin Basin Water Policy Steering Committee Councilor Woodruff Councilor Sherwood Elected Official WashCo. Coordinating Comm.(W000) Mayor Dirksen Elected Official Washington Co. Urban & Rural Reserves Coordinating Committe Councilor Buehner Elected Official Washington Co. Urbanization Forum Mayor Dirksen City Manager Westside Economic Alliance Mayor Dirksen Willamette River Water Coalition Councilor Woodruff Councilor Sherwood Elected Official 1:\ADM\J0ANNE\C0UNCIL AND RELATED MATERIAL\city council service appointments 2008.x1s AGENDA ITEM No. 4 Date: July 8, 2008 TESTIMONY SIGN-UP SHEETS Please sign on the following page(s) if you wish to testify before City Council on: Agenda Item No. 4 CONSIDER-:.A STIPEND FOR MA YORICOUNCIL PRESIDENT This is a City of Tigard public meeting, subject to the State of Oregon's public meeting and records laws. All written and oral testimony become part of the public record and is openly available to all members of the public. The names and addresses of persons who attend or participate in City of Tigard public meetings will be included in the meeting minutes, which is a public record. Due to Time Constraints City Council May Impose A Time Limit on Testimony I:\ADM\Cathy\COUNCIL\CCSignup\Comp Plan at Workshop Testimony080708 Item 4.doc AGENDA ITEM No. 4 July 8, 2008 PLEASE PRINT This is a City of Tigard public meeting, subject to the State of Oregon's public meeting and records laws. All written and oral testimony become part of the public record and is openly available to all members of the public. The names and addresses of persons who attend or participate in City of Tigard public meetings will be included in the meeting minutes, which is a public record. Proponent - S eakin In Favor Opponent - (Speaking ainst Neutral Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Z-1 Af IDA-- IW o~v A-A9--'J k-- 0,J.7- C6? 'q-7 LZA-f SV3 Ra T - C~ ( o --2-- Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. i~^ir/ s .sue %i ~ ~ -77 Name, Address & Phone No. Name, Address & Phone No. Name, Addr & Ph6rie No. -3 Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Agenda Item No. Meeting of Qtic.tc-1 OD COUNCIL AGENDA ITEM SUMMARY City Of Tigard, Oregon Issue/Agenda Title Workshop with Planning Commission - Goal 14: Urbanization Prepared By: Darren Wyss Dept Head Approval: City Mgr Approval: ISSUE BEFORE THE COUNCIL The Planning Commission requested a workshop with City Council in order to better understand issues concerning unincorporated development before continuing work on the Urbanization chapter of the Tigard Comprehensive Plan update. STAFF RECOMMENDATION Receive questions and discuss information regarding urbanization issues with the Planning Commission. This is also an opportunity for Council to provide specific direction regarding urbanization policy. KEY FACTS AND INFORMATION SUMMARY The last chapter to complete in the Comprehensive Plan update is Statewide Planning Goal 14: Urbanization, which deals with the orderly and efficient transition of land from rural to urban use (Attachment 1). This is a key chapter related to urban growth boundary expansion, annexation, provision of services, and governmental coordination. This is an important part of the Comprehensive Plan because it defines the relationship with Washington County regarding urban development activities. The Planning Commission, acting as the Policy Interest Team (PIT), met to discuss this chapter on May 19, 2008. The Commission reviewed draft goal, policy, and recommended action measure language along with staff commentary (Attachment 2). The draft Plan language reflects past City positions and addresses additional issues that have arisen through County, Metro, and State actions. Following its meeting, the Commission requested a workshop with Council to gain a better understanding of Council's position on unincorporated development issues and receive specific direction if necessary. The Commissioners wish to ensure they understand Council's perspective on these issues so as to make pertinent and useful recommendations. Subsequent to the request for a workshop, staff provided the Commission with a number of additional materials related to the administrative and statutory legal framework the City operates within, current conditions, and arrangements for providing services. A brief powerPoint presentation will be provided at the meeting for additional background (Attachment 3). 1ALRP1,N\Council Materials\2008\7-01-08 Urbanization Workshop AIS.doc 1 OTHER ALTERNATIVES CONSIDERED N/A CITY COUNCIL GOALS Goal 2: Complete the update and begin the implementation of the Comprehensive Plan. ATTACHMENT LIST Attachment 1 - Statewide Planning Goal 14: Urbanization Attachment 2 - Draft goals, policies, and recommended action measures Attachment 3 - Summary powerpoint presentation FISCAL NOTES N/A I:\LRPLN\Council Materials\2008\7-01-08 Urbanization Workshop AIS.doc 2 Attachment 1 Oregon's Statewide Planning Goals & Guidelines GOAL 14: URBANIZATION OAR 660-015-0000(14) (Effective April 28, 2006) To provide for an orderly and efficient population forecast coordinated with transition from rural to urban land use, affected local governments; and to accommodate urban population and (2) Demonstrated need for urban employment inside urban housing, employment opportunities, growth boundaries, to ensure efficient livability or uses such as public facilities, use of land, and to provide for livable streets and roads, schools, parks or open communities. space, or any combination of the need categories in this subsection (2). Urban Growth Boundaries In determining need, local Urban growth boundaries shall be government may specify characteristics, established and maintained by cities, such as parcel size, topography or counties and regional governments to proximity, necessary for land to be provide land for urban development suitable for an identified need. needs and to identify and separate urban Prior to expanding an urban .and urbanizable land from rural land. growth boundary, local governments shall Establishment and change of urban demonstrate that needs cannot growth boundaries shall be a cooperative reasonably be accommodated on land process among cities, counties and, already inside the urban growth where applicable, regional governments. boundary. An urban growth boundary and amendments to the boundary shall be Boundary Location adopted by all cities within the boundary The location of the urban growth and by the county or counties within boundary and changes to the boundary which the boundary is located, consistent shall be determined by evaluating with intergovernmental agreements, alternative boundary locations consistent except for the Metro regional urban with ORS 197.298 and with consideration growth boundary established pursuant to of the following factors: ORS chapter 268, which shall be adopted (1) Efficient accommodation of or amended by the Metropolitan Service identified land needs; District. (2) Orderly and economic provision of public facilities and services; Land Need (3) Comparative environmental, Establishment and change of energy, economic and social urban growth boundaries shall be based consequences; and on the following: (4) Compatibility of the proposed (1) Demonstrated need to urban uses with nearby agricultural and accommodate long range urban forest activities occurring on farm and population, consistent with a 20-year forest land outside the UGB. 1 land, a county may authorize industrial Urbanizable Land development, and accessory uses Land within urban growth subordinate to the industrial development, boundaries shall be considered available in buildings of any size and type, on for urban development consistent with certain lands outside urban growth plans for the provision of urban facilities boundaries specified in ORS 197.713 and and services. Comprehensive plans and 197.714, consistent with the requirements implementing measures shall manage the of those statutes and any applicable use and division of urbanizable land to administrative rules adopted by the maintain its potential for planned urban Commission. development until appropriate public facilities and services are available or GUIDELINES planned. A. PLANNING Unincorporated Communities 1. Plans should designate In unincorporated communities sufficient amounts of urbanizable land to outside urban growth boundaries counties accommodate the need for further urban may approve uses, public facilities and expansion, taking into account (1) the services more intensive than allowed on growth policy of the area; (2) the needs of rural lands by Goal 11 and 14, either by the forecast population; (3) the carrying exception to those goals, or as provided capacity of the planning area; and (4) by commission rules which ensure such open space and recreational needs. uses do not adversely affect agricultural 2. The size of the parcels of and forest operations and interfere with urbanizable land that are converted to the efficient functioning of urban growth urban land should be of adequate boundaries. dimension so as to maximize the utility of the land resource and enable the logical Single-Family Dwellings in Exception and efficient extension of services to such Areas parcels. Notwithstanding the other 3. Plans providing for the transition provisions of this goal, the commission from rural to urban land use should take may by rule provide that this goal does into consideration as to a major not prohibit the development and use of determinant the carrying capacity of the one single-family dwelling on a lot or air, land and water resources of the parcel that: planning area. The land conservation and (a) Was lawfully created; development actions provided for by such (b) Lies outside any acknowledged plans should not exceed the carrying urban growth boundary or unincorporated capacity of such resources. community boundary; 4. Comprehensive plans and (c) Is within an area for which an implementing measures for land inside exception to Statewide Planning Goal 3 urban growth boundaries should or 4 has been acknowledged; and encourage the efficient use of land and (d) Is planned and zoned primarily the development of livable communities. for residential use. B. IMPLEMENTATION Rural Industrial Development 1. The type, location and phasing Notwithstanding other provisions of of public facilities and services are factors this goal restricting urban uses on rural 2 which should be utilized to direct urban expansion. 2. The type, design, phasing and location of major public transportation facilities (i.e., all modes: air, marine, rail, mass transit, highways, bicycle and pedestrian) and improvements thereto are factors which should be utilized to support urban expansion into urbanizable areas and restrict it from rural areas. 3. Financial incentives should be provided to assist in maintaining the use and character of lands adjacent to urbanizable areas. 4. Local land use controls and ordinances should be mutually supporting, adopted and enforced to integrate the type, timing and location of public facilities and services in a manner to accommodate increased public demands as urbanizable lands become more urbanized. 5. Additional methods and devices for guiding urban land use should include but not be limited to the following: (1) tax incentives and disincentives; (2) multiple use and joint development practices; (3) fee and less-than-fee acquisition techniques; and (4) capital improvement programming. 6. Plans should provide for a detailed management program to assign respective implementation roles and responsibilities to those governmental bodies operating in the planning area and having interests in carrying out the goal. 3 Attachment 2 Policy Interest Team Meeting #1 Urbanization - Draft Goals, Policies, and Recommended Action Measures Goal: 14.1. Ensure Tigard's interests are represented and promoted in urban growth boundary expansion and other regional and state growth management decision. Goal 14.1 Commentary: The City wants access and representation in decisions regarding expansion and growth in the region; essentially our due process rights as a member community must be preserved and used. In addition, Washington County and the state are involved as it pertains to the Urban Reserve and Rural Reserve issues. They must not make decisions in isolation that affect Tigard. The City must have a seat at the table during the decision-making process. For example, urbanization decisions on new UGB lands can have profound impacts on Tigard's Transportation System; negatively affect the City's ability to redevelop its Downtown and Highway 99W Corridor; and further burden City services through unincorporated urban development Policies: 1. The City shall support Metro and state growth management decisions, to the extent they support cities as the best building blocks of an efficient, stable, and compact urban region. Policy 1 Commentary: Over the years, in addition to the management of the Urban Growth Boundary (UGB), Metro has become much more involved in other growth management decisions. These are related to the development of a compact urban form, efficient/effective use of infrastructure, natural resource protections, transportation planning, focusing development in centers, corridors, employment lands, etc. The City has agreed with and been involved in the implementation of these principles and needs to continue to be engaged in the regional and state political/growth management discussions. One issue the City has a pressing interest in is the urban level unincorporated development that has taken place in the region, some of which abuts the City's boundaries. The City's position is that cities are better suited to provide urban services. The taxing structures of counties and cities are set up to make cities better suited to provide urban services and implement regional growth management principles. However, this has not stemmed continued unincorporated urban growth. Addressing this issue is important to not only the City of Tigard, but to the region as a whole. Draft Language 1 Goal 14 PIT Meeting #1 6/17/2008 2. The City's support of regional Urban Growth Boundary management decisions shall consider if these actions prevent future unincorporated urban development, prevents urban sprawl, and promotes the development of an efficient and compact urban form. Policy 2 Commentary. One of the primary tools used in Oregon to control sprawl, preserve valuable resource lands, and promote the coordinated and logical provision of public facilities and services is the urban growth boundary. Tigard is located within the Portland Metropolitan Urban Growth Boundary (UGB), where Metro has the responsibility for establishing and managing the UGB in order to accommodate urban growth in the region for the next 20 years. Existing unincorporated urban development presents a problem when UGB expansion is proposed as it may block a city's ability to expand and provide services to new UGB areas. This undermines the position of the region's cities as the best building blocks of an efficient, stable, and compact urban region. 3. The City shall maintain the low-density residential character of its existing single family residential neighborhoods and accommodate more intense urban land uses in its regional and town centers and within major transportation corridors. Policy 3 Commentary: The City and its residents would like to protect existing single-family neighborhoods to retain the low density residential character of much of the community. Seventy percent of Tigard is zoned residential, with low density zoning (7500 square foot minimum lot size or greater) occupying 41.5% of City land. In order for the community to retain this character, a need exists to accommodate more intense urban land uses within its town and regional centers and major transportation corridors. Metro has designated Washington Square as one of nine Regional Centers; all having connections via high-capacity transit and highways. Town Centers (Tigard Downtown) are intended to be a principal center of urban life, while corridors (99W and Hall Blvd) are intended to feature a high-quality pedestrian environment, convenient access to transit, and somewhat higher than current densities. 4. The City shall not provide municipal services outside its city limits. Policy 4 Commentary. City residents pay City taxes, while residents living in unincorporated urban developments do not pay City taxes. Based on the principle of equity, "Tigard residents should not subsidize services provided outside of the municipal boundary. This includes the maintenance of infrastructure, the provision of staff services, and infrastructure capital improvements. Draft Language 2 Goal 14 PIT Meeting #1 6/17/2008 5. The City shall not support the formation or expansion of service districts or special county funding levies if these actions result in the expansion/or intensification of unincorporated urban areas. Policy 5 Commentary: Expansion and formation of service districts and special levies support unincorporated urbanization, adding to the problems associated with this type of development. The uncontrolled expansion of service districts exacerbates some negative growth management consequences. A significant part of the City's currently identified Urban Planning Area (this includes Metzger and Bull Mt.) has been urbanized in unincorporated Washington County. Key services, mainly sewer services, have been provided by County Service Districts. Public safety has been accommodated to a degree by enhanced Washington County Sheriffs services. The consequence is that residents of these areas use services provided Tigard and other cities that are not provided by the County (parks for example). This situation negates any practical incentive for property owners to annex to the City. The provision urban services by service districts to unincorporated urban lands have negative growth management consequences as stated above. In Tigard's situation, unincorporated development in the Bull Mountain area now separates urban growth areas 63 and 64 from Tigard. Because these areas are not contiguous, they cannot be annexed to the city. Therefore, absent a change in Washington County's policy and state annexation law, the City should not continue to plan to provide services for these areas. Recommended Action Measures: i. Encourage Metro to adopt requirements that new lands added to the Urban Growth Boundary be planned for urbanization by existing cities and annexed prior to development. ii. Work with the state, Metro and other jurisdictions to resolve legislative and jurisdictional policy barriers to city annexation of lands that are within the urban growth boundary. iii. If there are to be new cities in the Portland Metropolitan region, encourage the state and Metro to establish criteria for the formation of new municipal governments to ensure they be fiscally sustainable and consistent with state and regional growth management objectives. iv. Work with Washington County, its cities, Metro and others to address: a. public service equity issues associated with unincorporated urban development; b. quality of life needs and desires of both incorporated and unincorporated residents; and Draft Language 3 Goal 14 PIT Meeting #1 6/17/2008 c. preventing blight conditions associated with underserved urban development. V. Participate in state and regional efforts to develop equitable ways to fund public infrastructure needed to provide for existing service needs and support projected employment and population growth. Goal: 14.2. Provide and/or coordinate the full range of urban level services to lands within the Tigard City limits. Goal 14.2 Commentary: The City has an obligation to its residents to ensure the provision of the best facilities and services the community can fund. Providing services outside of the city limits undermines the City's ability to meet its obligation. Policies: 1. The City shall maintain, and amend when necessary, an Urban Service Agreement with Washington County that recognizes the City as the ultimate provider of services to the Tigard Urban Services Area. Policy 1 Commentary: The City has operated under an Urban Planning Area Agreement with Washington County since 1983 that recognizes Tigard as the ultimate governance/ services provider within the Urban Planning Area (UPA). The current UPA contains the city limits as well as unincorporated areas of Bull Mountain and Metzger. The City also has entered into the Tigard Urban Service Agreement with Washington County. The agreement outlines the role, provision, area, and planning/ coordination responsibilities for service providers operating with the Tigard Urban Service Area (TUSA). The Agreement was last updated in July 2006 and again identifies Tigard as the ultimate governance provider to the TUSA, which coincides with the UPA. These agreements have been put into place because of the recognition that cities are better suited to provide urban level services than county government (Oregon Administrative Rules). Maintaining the City's agreements provides the possibility that Tigard may eventually govern new UGB expansions. 2. The City shall, as needed, coordinate and/or participate in planning activities or development decisions within the Tigard Urban Services Area. Policy 2 Commentary: The City needs to be involved in decisions related to growth planning or development applications within the TUSA. This will help to ensure that if the unincorporated lands within the TUSA are annexed, the public facilities and services will be available to serve the Draft Language 4 Goal 14 PIT Meeting #1 6/17/2008 planned growth or existing development. Conformance with adopted plans and agreements will also be checked during this process. 3. The City shall oppose formation of any new service district, or expansion of existing districts, within the Tigard Urban Services Area that could conflict with the existing and future delivery of City services. Policy 3 Commentary: The City has a need to protect its rights as the identified urban services provider within the TUSA. The City commits significant staff resources to plan for capital improvement needs and then finances these improvements to better serve its residents. If the plans and facilities are undermined by new or expanded districts, the City and its residents bear any associated financial burdens. Cities already bear inequitable/non-assignable costs imposed by underserved unincorporated urban areas when their residents use city services such as parks, libraries, transportation facilities, public safety, etc. Expanding/ creating districts to promote additional unincorporated urban development undermines the integrity of intergovernmental service provision and planning agreements and interferes with the City's ability to be efficient and effective in its own services. 4. The City shall enter into and maintain intergovernmental agreements with service districts operating within the Tigard Urban Service Area to: A. Define short and long term service provision roles; B. Specify the terms and conditions of withdrawal of territory from service districts and the transition of capital facility ownership and administration to the City; C. Provide for coordination of plans and programs; and D. Ensure services are provided consistent with the City's adopted Public Facility Plan. Policy 4 Commentary: It is in the interest of the City to enter into agreements with any service provider operating within the TUSA to' ensure everyone is receiving adequate, efficient, and effective services. This includes the planning of services, the need to eliminate duplicity of services thru coordination, and defining the role of the providers. As importantly, the long term service role must also be well defined. This includes the transition of facility ownership and management, when these transfers should take place, and coordination to require service provision is consistent with adopted plans. 5. The City shall not approve the extension of City services except: A. where applications for annexation for those properties have been approved; or B. in circumstances where applicable state and county health agencies have declared a potential or imminent health hazard pursuant to ORS 431.705 to 431.760 (Health Hazard Annexation or Service District Formation). Note: This policy was adopted by City Council in November 2007 Draft Language 5 Goal 14 PIT Meeting #1 6/17/2008 Policy 5 Commentary: The City of Tigard's position is to not supply urban services outside of its city limits. The simple application for subdivision and/or annexation should not be enough to approve the extension of services, but the approval of the applications must happen first. An exception to the policy is that when it can be proven that a health hazard exists that will be eliminated by the extension of the service. Criteria for identifying a health hazard are located in the Oregon Revised Statutes. However, providing services in the case of a Health Hazard annexation also means that the affected properties must annex to the jurisdiction/agency providing such services. Recommended Action Measures: i. Regularly review the Tigard Urban Services Agreement with Washington County and amend it as necessary. ii. Coordinate the review of land use proposals in the Tigard Urban Services Area with Washington County and require annexation of development that requires City services. iii. Ensure the City is represented in planning efforts for unincorporated urban lands within the Urban Growth Boundary and in Metro decisions to expand the urban growth boundary. iv. Regularly review existing intergovernmental agreements with service providers operating within the Tigard Urban Services Area and propose amendments as needed. V. Encourage the City, County and service districts to adopt compatible facility design standards. vi. Coordinate the development and implementation of the City's Public Facilities and Capital Improvement Plans with Washington County, service districts and other service providers within the Tigard Urban Services Area. Goal: 14.3. Annex unincorporated properties as opportunities arise in order to implement the Tigard Urban Services Agreement. Goal 14.3 Commentary: Tigard has been identified as the ultimate provider of urban services with the TUSA. Tigard's position is that cities are better suited to provide urban level services and will welcome voluntary annexations as property owners inquire about the process and services that will be received. Draft Language 6 Goal 14 PIT Meeting #1 6/17/2008 Policies: 1. The City shall assign a zoning district designation to annexed property that most closely conforms to the existing Washington County zoning designation on that property. Policy 1 Commentary. Metro and its regional partners have invested greatly in the planning of the region. This ranges from solid waste removal to transportation planning. In order for these planning efforts to realize their intended outcomes, jurisdictions must cooperate in implementing the assumptions of the efforts. Washington County has adopted a comprehensive plan for its unincorporated areas that assumes a certain level of development in the future. This includes housing and employment allocations that they are obligated to fulfill. When a property annexes to a city, it is important for the planning assumptions to remain intact for the region to function as intended. This is especially true to reduce negative impacts upon the transportation system from higher than planned densities/uses. 2. The City shall, when approving an annexation, ensure either the capacity exists or can be developed to provide needed urban level services to the area. Policy 2 Commentary: The City is responsible for the provision of urban services to its residents. An important part of this responsibility is adopting plans and programs to act as a guide. When a property is proposed to be annexed, the City is obligated to analyze current conditions and future plans for services to ensure the capacity exists, or will in the future, to effectively serve the annexed property without diminishing service provision to current residents and their properties. 3. The City shall approve proposed annexations based on findings that the request: A. Eliminates an island of unincorporated territory within the City; or B. Is contiguous to current City limits and is located within the Tigard Urban Services Area; and C. Can be accommodated by City's public facilities and services. Policy 3 Commentary: State law governs the annexation of property in Oregon. Municipalities are allowed to annex islands, based on a number of requirements, without consent of the property owners. This eliminates inefficient provision of services based on fragmented patches of governance. If outside of an island, state law mandates a property be contiguous to the city limits to be eligible for annexation. This again helps to eliminate fragmented governance. In both cases, the annexed properties will now be paying taxes for facilities and services they either already access or would in the future. In addition to following state law, the City must still ensure the capacity exists to accommodate the services and facilities needed for the property. 4. The City shall evaluate and require, when appropriate, parcels adjacent to proposed annexations be included to: A. Avoid creating unincorporated islands within the City; Draft Language 7 Goal 14 PIT Meeting #1 6/17/2008 B. Enable public services to be efficiently an effectively extended to the entire area; or C. Implement a concept plan or sub-area master plan that has been approved by the Planning Commission or City Council. Policy 4 Commentary: It is in the City's interest to avoid creating unincorporated islands within the City because of the consequences of fragmented governance and inefficient delivery of services that is associated with islands. When application for annexation is made with the City, requiring properties to join the annexation to eliminate the creation of an island is preferable. Additionally, ensuring public services are being extended efficiently is in the best interest of the City and its residents. Requiring a property to join an annexation to ensure efficient extension of service, or to implement an adopted land use plan for the area is also preferable. 5. The City shall develop, coordinate, and implement an adopted Public Facility Plan to ensure the predictable and logical provision of urban services for areas anticipated to be within the City Limits. Policy 5 Commentary: State law requires the adoption of a Public Facility Plan for the City of Tigard. Included in the plan are an inventory and assessment of existing systems and an identification of projects needed to support land uses designated in the Comprehensive Plan. The purpose is to ensure a timely, efficient, and orderly arrangement of facilities and services. Recommended Action Measures: i. Periodically review and update the City's annexation methods and encourage property owners within the unincorporated Tigard Urban Services Area to annex based upon the benefits associated of being within the City limits. ii. Utilize incentives, as appropriate, to encourage owners of unincorporated properties to annex to the City. iii. Develop criteria and procedures to encourage, and when possible, require owners of adjacent parcels to also annex to the City when neighboring parcel(s) annex. Draft Language 8 Goal 14 PIT Meeting #1 6/17/2008 Attachment 3 Why have this -%vorksession? -i in ",111- page as cmincit City Council and Planning Con ssion s Understand isstles to Joint Worksession pswide best h. recommendation it) Tigard Comprehensive Plan Update Produce relevant/useful Goal 14: Urbanization Pilln 11111p.agc W.P conditimis Factors Affecting Conditions Regional Urbanization Process State re(Itiirements State directed Metro ti) . Existing conditions \ICCtO I www.oregonmatro.9w ' Tigard's interests ORS 195 (SB 122) 1 ~v i lilt tla 311 t ~ r 3 r`.. .n v 'I i. r 4i,,,,tory of Growth of Growd 2W fw, jlpdaw . . 2004 6~itl,, i OTE 41 Y J'.u a ,N } 11,,tj Nit. a 2008 14: I C, At 14: ciq """'..;.}µ,Mµ -•;...:1 w At, S a, 63 & 64) k1rhall ri. h 4Setm i ,H,yemwtro.9~" tlcs/Nj,lr, need count), ()fserx,tcc 3 Discussion/Dircction 4