City Council Minutes - 09/21/2004 Agenda Item No.
Meeting of 1 b
COUNCIL MINUTES
TIGARD CITY COUNCIL MEETING
September 21 2004
1. WORKSHOP MEETING
1 .1 Mayor Dirksen called the meeting to order at 6:31 p.m.
1.2 Roll Call: Mayor Dirksen, Councilors Moore, Sherwood, Wilson, and
Woodruff were present
1.3 Pledge of Allegiance
1.4 Council Communications & Lialson Reports: None
1.5 Cali to Council and Staff for Non Agenda Items:
Mr. Monahan noted the items will be discussed at the end of the meeting.
Mayor Dirksen noted tonight was the last meeting Lindsay Boyce, Youth Advisory Council
Liaison, would attend as ex-officio member of the Council. Ms. Boyce stated Rob Williams
was elected to the position and will attend Council meetings during the coming year.
2. JOINT MEETING WiTH THE BUDGET COMMITTEE
Finance Director Craig Prosser introduced Budget Committee members Irene Moszer, Mike
Benner and Susan Yesilada. The Budget Committee Agenda is included in the Council
packet.
I) Budget Amendments
Mr. Prosser distributed copies of the FY 2004-05 Budget Amendment
Summary, which were then reviewed (Agenda Item #2, Exhibit I — copy of
which is on file with the City Recorder).
2) Financial Reports
Mr. Prosser reminded Council they had reviewed the various financial
reporting forms available and the first monthly Revenue and Expenditure for
the General Fund had been distributed. Other funds will be reviewed at
future quarterly meetings.
Tigard City Council Minutes Page I
Meeting of September 21, 2004
3) Discussion of November Ballot Measures
a) Measure 37 — Governments Must Pay Owners, or Forego
Enforcement, when Certain Land Use Restrictions Reduce Property
Values
Community Development Director Jim Hendryx reviewed aspects of
Measure 37 and information included in the agenda packet.
Basically, no one has adequate funds to pay property owners if this
measure is approved and cities, counties and the state will look at this
on a case-by-case basis. Mr. Hendryx answered questions from
members of the Budget Committee and Council.
b) Measure 38 — Abolishes SAIF; State Must Reinsure, Satisfy SAIF's
Obligations; Dedicates Proceeds, Potential Surplus to Public Purposes.
Risk Manager Loreen Mills reviewed the material included in the
Council packet and answered questions of Council.
4. Bull Mountain Annexation
Mr. Prosser noted the Bull Mountain Annexation ballot measure will be on
the November ballot, which included a phase in of taxes over three years.
Staff analysis shows the taxes on property assessed at $250,000 would be
reduced by $15 the first year, increase by $167 the second year and $318
the third year. He then discussed the issue of cost of service and revenue
generated in the Bull Mountain area. The City is committed to begin the
hiring process of additional police offcers early in 2005 in order for those
officers to go through the Police Academy and Tigard's tutoring type
program new officers go through and be ready to begin patrolling the area
on July 1, 2005. In the operations side, the annexation will more than pay
for itself. Regarding capital needs for the area proposed to be annexed, the
area does not produce sufficient revenues to pay for all the capital
improvements that are needed. An analysis has not been conducted in order
to determine all the needs of the area but they know the area lacks park
facilities. The intent is to use money from cash flow from operating funds to
support bonds to provide a pool of money to immediately begin buying land
for parks in the annexed area. Otherwise, with tax phase-in, the process to
buy land would not be able to occur as rapidly.
Mr. Prosser noted discussion continues with Washington County about
approving and implementing a Park System Development Charge (SDC)
system for this area. The residents of the Bull Mountain area had requested
Tigard City Council Minutes Page 2
Meeting of September 21, 2004
that SDCs collected in the area be used in the area. The current City policy
is that SDC's collected throughout the city is used throughout the city. This
would r=equire a change in policy.
Mayor Dirksen pointed out the Council had some discussion that the area
proposed for annexation needs park land as well as the concept of using
SDC's collected in the area specifically for projects in the area. The Council
also noted there would not be enough SDC money collected in the area for
some time and other money from the City would have to be used in order
to have sufficient funds to acquire land for park purposes.
5. Telecommunications
a) Qwest/Verizon Audit Status
Mr. Prosser explained the City of Tigard has participated for the past
two years with 70 jurisdictions about auditing Qwest and Verizon
operations. Verizon finally allowed auditors on site in Dallas, Texas,
in June. The plan is to have the audit concluded by the end. of
December.
b) Privilege Tax
Mr. Prosser reminded the Budget Committee that there had been
some additional revenue options discussed at their meetings last May.
One was a privilege tax, which is a tax on utilities. There was not a
lot of interest or opposition expressed, so this continues to remain on
the back burner.
Mr. Process discussed issues relating to the privilege tax:
• A new agreement negotiated with NW Natural was approved
by the City and NW Natural in July, which included a 5%
increase in the franchise fee which began to be implemented
with customers bills in August.
• The franchise agreement with Verizon expired in 2003 and
staff has tried to negotiate a new franchise with Verizon. He
reviewed the status of the lawsuit Qwest filed against the City
of Portland which challenged the local franchising authority.
Verizon has verbally indicated it would continue to abide by
the terms of the old franchise agreement, including payment of
the franchise fees, even though there is no agreement.
Tigard City Council Minutes Page 3
Meeting of September 21, 2004
Because the agreement has expired, the City has no standing to
require Verizon to pay the franchise fee.
• Other cities in this position have implemented a privilege tax
ordinance on telecommunication companies, to the effect that
if a franchise agreement is not in effect, the privilege tax
controls. Staff could easily write an ordinance with a 5%
level. Any proposed ordinance would apply to all
telecommunication agencies as there are some existing
companies operating in Tigard who do not have franchise
agreements.
• Mr. Prosser indicated he could begin to write and submit a
proposed privilege tax ordinance to telecommunication
companies before being submitted to Council for
consideration. He noted other cities in the region are in the
same situation as Tigard with Verizon who have approved a
privilege tax on telecommunications in order to protect
themselves should any telecommunication company refuse to
comply with the city's franchise requirements.
Council concurred to direct Mr. Prosser to study this issue further
relating to how a privilege tax is shown on the bill, and where the tax
comes from. Mr. Prosser indicated that if he finds the tax is within
the rate base, he will first report back to Council, before beginning to
work with the City Attorney on a draft ordinance. If the tax is on
top of the rate base, it will probably just go away.
6) Library Status Report
Mr. Prosser explained the Library construction budget was $14.5 million;
after the outstanding bills are paid, the cost will be $13.8 million. The bond
was $13 million; under IRS regulations, that was the first amount spent.
The city received a bequest from Grace Tigard Hotten for library purposes.
As a result in reduction of funds from WCCLS this year, the hours of
operation needed to be reduced beginning in July. Tile Library Board
contacted Curtis Tigard, sister of Ms. Holten, who approved using some of
the bequest to increase the Library hours to 54 hours a week between July 1
and the end of November. In November; the City will be faced with
deciding whether to reduce the hours or using other City funds for operating
the Library.
Tigard City Council Minutes Page 4
Meeting of September 21, 2004
Mr. Monahan noted a decision would need to be made by mid-November.
Shortly before that, the Library Board will be talking about that and making a
proposal to the City Council. The City has continued to ask guidance from
Curtis Tigard as that bequest was made in his sister's name.
Mr. Prosser explained the balance in the construction budget is from the
Hotten bequest. The City had transferred $200,000 from the General
Fund to the Facility Fund. This could be looked into. One of the concerns
with the Hotten bequest is that it is one-time money and once used, it is
gone.
Mayor Dirksen asked if those funds could be used to retire the bonds earlier.
Mr. Prosser noted it could or it could be used to buy additional books, which
might increase funding from WCCLS.
Councilor Moore asked what effect the reduced hours have had on
circulation, and the funds received from WCCLS. Mr. Monahan explained
the City receives WCCLS funding. based on a number of factors, including
circulation, internet use, open hours, and introduction of new materials into
the collection. There has been an increase in circulation because of the new
Library. Some funds were put aside in the City budget prior to the opening
date to enhance the collections. The open hours are competitive with other
libraries in that all have had to make adjustments in their hours of operation.
The problem is the amount of money available in the WCCLS fund has been
reduced and there is not a whole lot to be gained by increasing circulation.
If the City made a push to increase the hours to 75 and circulate more
books, there is not a whole lot more funding the City could get from
WCCLS. The Advisory Board and staff have been making some decisions
and soliciting input from patrons on how the current hours are working. The
Library is not open on Sundays. There are some people who indicate the
Library should be open on Sundays but have shorter hours during the
weekday. There are a lot of different groups and categories of users using
the Library and all need to be considered. Any time you go to the Library,
there are a huge number of people using the Internet and people are taking
the resources out the door.
3. REVIEW INITIAL DRAFT UPDATED PARKS SYSTEM DEVELOPMENT
CHARGE METHODOLOGY
City Engineer Dennis Koellermeier explained this is a draft of the updated Parks
System Development Charge Methodology. If Council approves, this process will
begin the process to hold a public hearing on November 23. He noted the City
Tigard City Council Minutes Page 5
Meeting of September 21, 2004
I
hired Don Ganer Associates to review and prepare the Parks & Recreation System
Development Charge (SDC) Methodology Update, a copy of which is included with
the agenda packet. Mr. Ganer is considered to be an expert on Parks SDC
Methodology.
Don Ganer noted the draft report in the agenda packet will be updated to correct a
number of typographical errors and include updated information. Mr. Ganer
explained some significant changes to the system development charge statutes were
made in the 2003 Legislative session. The most significant change is that SDC-'s
have to be based on a specific list of projects that identifies the growth-related
portion of the projects. This has made a huge difference in the way the process is
laid out and how SDC money can be spent.
Mr. Ganer then reviewed several tables and data relating to the rate structure.
Tigard currently has two types of SDC's for Parks, which are residential
development and non-residential development. Changes have been taken into
consideration in growth and population as well as employment. He then reviewed
the report:
• Table 3.1 shows the projected increase between 2003 and 2008. The year
2008 was chosen because 2008 is the limit of the current Parks 8L
Recreation Master Plan. The projected increases take into account both the
current city area as well as the projected annexation of Bull Mountain as it
included in the City's planning area. The current rates were based on 1990
census data and the proposal incorporates 2000 census data. There is a
discussion on the benefit of identifying non resident vs. resident demand on
the system. The approach is very similar to the current methodology.
Tigard's model has been used by a number of cities in terms of the non-
residential demand ratio.
• Table 3.6 shows the weighted average hours for non-resident employee's use
of facilities or potential use of facilities versus that of residents, in order to
develop a ratio of 22.8. This means that it takes a little more than 4.5
employees to have the same impact on facilities used by one resident.
• Table 3.7 describes the needs for facilities. The Parks & Recreation Master
Plan takes into account the entire planning area, as well as the Parks White
Paper, to make sure aII projects have been taken into account. Table 3.7
shows the current inventory of each type of park facility. The column
"2008 Need" is what the Master Plan calls for Tigard to have. The
difference between the "Current Inventory" column and the "2008 Need"
column drives the other numbers. The difference between the "Current
Inventory" and the "2008 Need" columns represents the current. need.
Tigard City Council Minutes Page 6
Meeting of September 21, 2004
i
i
I
This number is the total acres or miles of trails to meet the standard
expected by the year 2008. This is based on the specific need by type of
facility and will provide that information in the chart. The Overall Master
Plan projected an overall need of a little over 11 acres per thousand, which
is a very high level of service. This was what was identified in the capital
improvement plan included in the master plan. That information will be
included in the next draft report. This figure provides information on what
is needed to meet that standard today. When the current need is compared
with the current inventory, which identifies where the deficiencies are.
There is already a deficiency of 17.15 acres of neighborhood parks which
needs to be added to meet the needs of current residents. The growth from
now through 2008 is only 3.59 acres. The growth needs determines how
much the SDC rates should be and how much of a project can be allocated
between SDC and non-SDC use. The information in Table 3.7 is what drives
all the other numbers.
i
• Table 3.8 shows application of a cost per unit for each different type of
facility, multiplies those numbers against the number of units that are needed
to come up with the total cost, and how much is growth costs. Total new
facility cost is $27.7 million. Of that, $10.4 million is growth-related, with
the rest being non-growth related; meaning projects would have to be paid
for from some other source of revenue.
The SDC statute allows recouping administrative costs as part of the SDC
• fees. Page 12 shows the calculation for administrative and compliance costs
to include those costs in the SDC calculations.
Mr. Ganer explained the next section gets into the calculation of the residential
portion of the SDC rates:
Table .4.1 shows the growth required costs and the compliance costs, for a
total of $9.5 million in SDC eligible residential costs.
Table 4.2 divides figures from Table 4.1 to get a cost per capita, which is
just under $1,800, which is then multiplied by persons per dwelling unit.
Table 4.3 shows a residential improvements cost per dwelling unit for single
family residents, which is $4,800.
• Mr. Ganer noted there needs to be taken into account the deficiency repair.
Currently there is $17.5 million in deficiencies that need to be paid for out
of some other source and is included for the purpose of calculation. The
Statutes do not require having a funded plan, but does require identification
Tigard City Council Minutes Page 7
Meeting of September 21, 2004
of some feasible way to fund filling that deficiency. You cannot just impose
an SDC and not do anything about it. If you do that, what you are saying is
that growth is going to fill the hole, and SDC money cannot be used for that.
He has calculated some "what ifs" scenarios. One "what if" would be if a
bond issue was passed in a couple of years to make up that $17.5 million.
All of that money would be paid back by property taxes, but part of it
would be from property taxes paid from growth areas, and property owners
cannot be charged both the SDC and property taxes. A credit is calculated
for the present value of the future property taxes. This tax credit is shown in
Table 4.4.
The bottom line in Table 4.5 shows improvement costs, less the tax credits,
and ends up with an SDC per dwelling unit of $3,893 for a single family
dwelling unit.
The same process is applied for non-residential SDC rates.
Table 5.4 shows a rate of $265 per employee.
Mr. Ganey stated there are the three appendices attached to the report. Appendix
A is the capacity improvement program showing a number of different projects, not
site specific, but general area specific, and shows a breakout between what portion
of a project is growth related and non-growth related. The first six projects are
identified as Bull Mountain neighborhood parks, either site acquisition or
development, and shows a 40% growth need, 60% other needs. The reason for
that is there has already been a lot of growth that has taken place in the Bull
Mountain area. The total number of acres that are needed that are growth related
is 40% of these projects. The funds were allocated on a 40/60 division, but could
be modified to a 50/50 or even 30/70 split. Some could be 30/70 for one
project or 50/50 for another project. Some jurisdictions use SDC funds for site
acquisition only, and non for development. They will increase the allocation for the
site acquisition and zero out the allocation for development. This type of issues are
now required by Statute that there be this breakout by percentage.
i
Mr. Ganer explained the legislature did not change the statute that would allow
jurisdictions to make changes in the plans at any time. If the plan is adopted, it can
be modified. You are not stuck with the plan forever. If after the plan is adopted,
you find a source of revenue that you had planned to use SDC's on something, you
can reallocate the percentages, or you had planned to use SDC's and the other
source of revenue is no longer available, you can reallocate. There is some
flexibility; you are tied to the plan until it is modified.
Tigard City Council Minutes Page 8
Meeting of September 21, 2004
I
Councilor Wilson asked how the money can be used that has already been
collected.
Mr. Ganer noted this proposal anticipates growth need for future revenues that
come in after this methodology goes into effect. The money already in the bank is
allocated for projects included on this list. That list can be modified as well.
Mr. Koellermeier distributed a handout entitled "Parks Capital Fund — 5 year CIP"
(Agenda Item #3, Exhibit 1, copy of which is on file with the City Recorder). This
information was crafted to explain that the current planning is based on current
resources, and identifies some commitments that have been made in the current
capital improvement program which uses SDC's as the match for grant projects and
debt services for a loan which had been pledged against current SDC's. It also
shows projects currently in the works, what could be changed other than debt
services, or even the possibility of pulling back from some existing grants. There is
some reprogramming that could take place. He noted this is a substantial change to
the methodology and different from the way the City has historically calculated the
SDC methodology. This process pre-identifies projects and allocations that is
growth related vs. iron-growth related.
Mr. Ganer distributed a list of cities in the metro area to show how Tigard ranks
with other cities and their SDC rates and is identified as Appendix B, (Agenda Item
#3, Exhibit 2, copy of which is on file with the City Recorder). There are three
jurisdictions with rates lower than Tigard's and 12 jurisdictions with higher rates.
Three and possibly four jurisdictions are currently reviewing their rates and West
Linn's fees, which are the highest in the region, are currently be reviewed by the
Oregon Court of Appeals. Two other cities have already increased the rates which
will take effect January 2005.
Councilor Woodruff stated many people have stated they felt Tigard's parks and
open spaces are under-funded. If there a way in this process to justify a significant
increase in SDC, he would support it.
Councilor Moore stated lie was not aware that Tigard's SDC's were so low in
comparison with other jurisdictions in the region.
Mayor Dirksen said he was concerned that the increase be justifiable. He said a lot
of the methodology is anticipatory, based on the supposition that Bull Mountain will
become part of the taxing authority area. He asked how the City can pull Parks
SDC from that area without the authority to do so, and how are we going to be
able to fund capital improvement projects without having the taxing authority for
the area.
Tigard City Council Minutes Page 9
Meeting of September 21, 2004
Mr. Ganer stated the Washington County Commissioners are currently dealing with
that issue with the Tualatin Hills Park District. There is a lot of growth going on
that outside the District but inside their planning area, just tike Bull Mountain is in
Tigard's planning area, and do not have any authority to impose the SDC on those
areas outside the current District boundaries. They are working on an agreement
with the County where the County is actually going to become the Park's provider
and adopt the same methodology as the Park District. Washington County
Commissioners are considering this agreement which is on their agenda next week.
The County would have an intergovernmental agreement with the Park District on
managing the money and the County would have to develop and maintain their
own fund, but the money could be used on joint projects. The City of Tigard could
do the same thing if they had an agreement with Washington County for areas
outside the City's boundaries. There would have to be an additional agreement for
maintenance. There are a lot of"Ifs."
Mayor Dirksen noted that based on these "if's," would the rates be challengeable.
Mr. Ganer said he didn't believe it would be, because Tigard is responsible for
growth within its planning area. This is a formal agreement to manage the growth.
To do something less than anticipation of all the growth that may occur would not
be living up to the agreement.
Mr. Koellermeier stated he had asked Mr. Ganer the same question relating to how
this affects the Bull Mountain area. He was told that Tigard still has the authority to
plan and calculate what the need would need. If the annexation happens, that is
fine and it is business as usual, and Tigard would address it as if the area was in the
city at that time. If the annexation does not happen and the County did not come
up with some way to collect the SDC's for the City, there will still be a need
sometime in the future. The one factor we would not have is the income stream.
The one difference is that the need has been ratcheted up.
Councilor Wilson asked if the money could be used to purchase property and not
improve it.
Mr. Ganer responded it is correct that some cities just use SDC funds for land
acquisition, and others also use the funds for development. Some cities have open
space or trail corridors that are just open space and have used SDC money on it.
One issue the Homebuilders Association used to challenge the Park SDCS in the
City of West Linn, which the Circuit Court upheld, was that the city was buying
open space with no plans to do anything with it, other than to maintain it as open
space and that it was a non pant and recreation facility. Several cities have decided
that pending the outcome of the Court of Appeals decision, they are not using SDC
Tigard City Council Minutes Page 10
Meeting of September 21, 2004
money to buy open space that they plan to leave as open space. They will buy land
that has been identified as future recreation facilities, but not just open space.
Mr. Koellermeier noted that with Council's approval, the schedule will be to open
this up for public comment and a public hearing scheduled at the November 23
Council meeting, after the outcome of the election is known. The intent of this
meeting was to provide an initial introduction to the concept and to indicate there
are substantial changes to the methodology, before beginning the public process.
With Council's approval, the document will be distributed, he will establish a
contact with the Homebuilder's Association and identify any issues they might have
concerns about, and then hold the public hearing.
Mr. Monahan noted the last column on page 2 of Appendix B relating to the Parks
Capital Fund 5 year projected balance, the beginning fund balance should be blank.
4. PRESENT EXECUTIVE SUMMARY OF PARK 8z RECREATION ASSESSMENT
SURVEY
Mr. Koellermeier introduced Melissa Martin from The Nelson Report, to present
the findings of the Parks 8z Recreation Assessment Survey. Copies of the report
were distributed to the public (Agenda Item #4, Exhibit 1). A copy of the report
is on file with the City Recorder.
Melissa Martin, The Nelson Report, P O Box 12945, Salem, reviewed the
questions and the survey results.
Carl Switzer, Chair of the Parks 8z Recreation Advisory Board, noted this was the
first opportunity for the Advisory Board to see the results at the same time Council
received the report. He noted that Dan PIaza, Parks Manager, did a good job of
working with the consultant. He thanked the Council for their support and allowing
the survey to be conducted. It appears there is some support for protecting
wetlands and open space. The challenge for the Board is, what are we going to do
with this information now that we have it. It is too late to put something on the
November ballot, but maybe next year or the year after. The challenge will be to
not loose momentum that indicates the City of Tigard residents may be ready for a
recreation program and supports the protection of wetlands and open space.
Scott Bernhard, Parks 8z Recreation Advisory Board member, said there has been a
lot of effort put forward on this survey and money is what is takes to make anything
happen. The Board has a challenge of what to do with the survey now.
i
Tigard City Council Minutes Page 11
Meeting of September 21, 2004
I
Councilor Sherwood noted that in order to get community support, she suggested
the Advisory Board start making suggestions, looking a potential property, and
plans.
Mr. Bernhard replied the Board has looked at ways to bring this to the community.
Councilor Moore stated his expectations would be for the Board to come to City
Council with some recommendations, on a possible bond measure or how it feels
the City should proceed. He felt the document contains some very valuable
information. He felt the board should sit down, beat it to death, and come back in
three or four months, to make some recommendations.
Mr. Monahan suggested that another element might be, now that the Board has this
report and because the. Committee is still relatively young in its existence and may
not be well known to the community, that after the Board meets to discuss it, that
they take the report out to the community and hold a couple of public meetings, to
enlist input from the community. The respondents had very little information to go
on. Perhaps the Board will find some community interests in the questions and
results, thus being able to help identify some projects and properties for acquisition.
Councilor Wilson said while this is a good piece of work, he had some
disappointments that there is not a bigger mandate on any particular area, as almost
all the responses were 50/50.
Councilor Moore stated the results did not surprise him. Not everyone wants the
same thing and there is not 100% agreement on everything. He almost expected
these results.
Ms. Martin indicated the survey asked questions about a variety of different issues
and there was a lot for the person on the phone to digest. As the survey
progressed, the responses became mushier because there was so much information
being requested at one time.
Councilor Sherwood stated when she participated in a survey recently, after 15
i
minutes, she had had enough and just couldn't concentrate on the questions.
Councilor Wilson noted the schools do surveys all the time. The schools have to
educate the kids and have to find a way to sell it to the public. He asked if this type
of response was typical. Parks are either there, great, but if they aren't, citizens will
find something else to do. He thought that if the focus of the survey was a
skateboard park, the responses would have been more focused.. The survey was
asking about too many proposals, and in looking at the results, it appears that green
spaces had a lot of support. A case could be made for a community center from
Tigard City Council Minutes Page 12
Meeting of September 21, 2004
i
the results of the survey. We could put together a proposal and try to sell it, but
there was no clear mandate.
Ms. Martin explained that most of the time when surveys are conducted for school
districts, there is a very specific project in mind. The public knows where it will be
located and it is easy to zero in on the particular issue. As you saw in the
community recreation center area, a variety of questions were asked trying to
determine what information brought out a positive response. In most cases, they
are only dealing with one or two proposals. Because there were so many projects
for this particular questionnaire, they did not have the time to focus on any of the
projects to get a real good feel for what the community really supported.
Mr. Switzer said one comment Councilor Wilson stated was there was no clear
mandate on any particular issue. One page 2, it appears there is a clear interest in
creating a recreation district. He noted the survey was conducted in a vacuum with
no pre-publicity that the survey was going to be conducted, and the phone calls
came out of nowhere. If there had been some publicity, even an article in the
newspaper that this was being done, he felt the results might have been different.
This was a cold calf to citizens asking what they thought about recreation and parks.
Mr. Bernhard agreed no footwork was done, and who knows what kind of picture
the Board could draw for the Council if there had been more time to do this.
There is some real good quality input available and the results will provide some
hare core data from citizens.
Mayor Dirksen agreed there was no clear mandate_ on this survey. He would have
been surprised if there had been. It is nice to see the results of this survey, but the
Parks 8L Recreation Advisory Board will need to take the data out to the citizens
and then come back with some concrete recommendations on what the City should
do.
Mr. Bernhard stated the survey is a starting point of discussion for the Board. They
do not have any history, and there are some indicators in the survey on what
citizens are interested in.
Mayor Dirksen recessed the study session at 9:05 p.m.
Mayor Dirksen reconvened the study session at 9:12 p.m.
Tigard City Council Minutes Page 13
Meeting of September 21, 2004
5. SOCIAL SERVICES GRANT REVIEW 8z FUNDING PROCESS
Liz Newton, Assistant to the City Manager, explained-the Council discussed this
proposal on August 17. She reviewed the Rating Criteria that was included in the
packet. Item No. 6 might be clearer if it read, "The agency demonstrates that a
smaller portion of their funding requests will serve the same number of Tigard
residents," or "More Tigard residents will be served for the same funding level that
they received from the City in the previous fiscal year."
Councilor Woodruff asked how this item would affect the first time applicant. Ms.
Newton noted that was a good point. The Council may want to change the values
in the rating criteria. What has been discussed in the past is to make sure applicants
were demonstrating they were looking for more funding sources.
Councilor Sherwood pointed out that other funding sources need to be provided on
the application. Ms. Newton noted one of the criteria is that the applicant has
demonstrated an effort to find other funding sources. Councilor Woodruff's point
that if an agency is applying for the first time, they would need to show their efforts
were demonstrated.
Mayor Dirksen stated an applicant would have to have a proven track record, so
this just reinforces that. He did not think an agency would have to prove that they
are doing better this year than the previous year, but if you can prove that, the
application would have a higher standing.
Ms. Newton asked if that item should have a lower rating.
Councilor Sherwood agreed with a lower rating for item 6, as she would not like to
see someone loose funding because of that.
The Council discussed redistributing the points.
Councilor Woodruff stated that instead of trying to come up with a revised
i
statement for item No. 6 during the meeting, he would write something later and
forward it to Ms. Newton for her review.
Ms. Newton reviewed the timeline for soliciting applications which begins in
October. Once received, she will incorporate Councilor Woodruff's revision into
the proposed rating criteria and forward the revised statement to Council for final
review. She indicated reporting forms from the cities of Tualatin, Hillsboro and
Beaverton were chosen as the cities from Washington County cities are familiar with
Washington County's forms and programs, whereas Clackamas County's Social
Tigard City Council Minutes Page 14
Meeting of September 21, 2004
Service program is slightly different. Agencies applying to Tigard would also be
applying to Washington County and other cities.
The Council concurred to proceed with the application process after the revision of
item No. 6 and revising the point distribution.
6. TRIMET COMMUTER RAIL STATION DESIGN
Jim Hendryx, Community Development Director, stated this has been an ongoing
project for about eight years. There has been extensive discussion with Council and
the downtown task force relating to some design concerns for the commuter rail
stations. He then introduced Joe Walsh, TriMet, to update the Council.
Mr. Walsh distributed an outline of his presentation to Council (Agenda Item #6,
Exhibit I), copy on file in the office of the City Recorder. He.stated he wanted to
talk about where we are and where we are going relating to the station design.
• September 29 is "Distribution Day," meaning the project design is 60%
complete. The project covers the 15 miles from Wilsonville to Beaverton,
including tracks, signals, and park and ride facilities. The stations are the
weakest part of the package right now in terms of percent complete.
• The biggest concern TriMet has relates to the cost estimates of the project.
TriMet will begin discussion with the Federal agencies about the whole funding
agreement, which is a major key of the entire deal. The estimated project cost
is $103.5 million, with 50% coming from the federal dollars and rest will be
from "local" sources. - No local money of consequence can be spent until the
whole package is approved (federal and Iocal money).
• They are looking at a proposal for self-propelled vehicles, which is a big
innovation of this project.
• TriMet has gotten into the station design since he last met with Council, which is
moving slower than anticipated. The major concern has been the interface of
the station location with street crossing which has been larger than anticipated.
TriMet has talked with the Tigard Downtown Task Force a number of times.
The stations at the major cross streets at Hall, Main, and Tualatin Sherwood
Road will be required to be 300 feet from the cross streets. Crossing gates are
heavily regulated by the State of Oregon and federal mandates. There are
regulations on how long a gate can be down. The regulations allow one minute
unloading and loading before the gates have to come back up. He explained
that there are two kinds of traffic on the same Iine: freight and passenger, which
Tigard City Council Minutes Page 15
Meeting of September 21, 2004
i
is unusual. Gates will always come down when freight trains approach crossings
and stay down. Right now, there is not a reliable way other than speed for the
signal system to distinguish between a freight or passenger train. The train slows
down and stops for the circuit to recognize the commuter train. Gates need to
stay up while the passenger train comes into the station and loads, and as the
train takes off, the gates are to come down. This is a huge issue that stili needs
to be addressed by the signal engineers, both by in house and the consultants, to
see if there is a system available that can solve this problem.
Mayor Dirksen stated he felt there were systems available that can distinguish
between the types of trains.
Mr. Walsh stated there is a budget element involved in the signal device as well.
TriMet will need to convince the State of Oregon, the Federal Railroad
Administration, and the Portland Sz Western Railway, that the signal device is
reliable and manageable. There are some highly technical satellite and GPS systems
being tested in the mid-west but these systems are three to five years from approval
for use. They will continue to look into these revolutionary systems.
Mayor Dirksen stated his opinion was that having the station that far from. Main
Street is unacceptable.
Mr. Hendryx stated he did not believe Mr. Walsh completed the presentation on
the separation and recognition of trains. It is critical that when the arms go down,
the equipment be able to distinguish between a freight or commuter train. TriMet
is saying that the technology is not yet available. Those concerns impact the
distance of the stations from Main Street and Scholl's Ferry Road.
Mr. Walsh explained the need to have some margin of safety for station overrun.
They know that Portland 8z Western operators are licensed and regulated by the
Federal government, and the consequences for the Portland & Western operators
overrunning a station or going through a signal are very significant as this is their
livelihood. Things do happen with mechanical or tension issues, but there needs to
be some provision for safe stopping. That has to do with how quickly the trains
decelerate into the station. The commuter trains will start slowing down as they
come into the station and travel at 10 MPH between the Hall BIvd. and Main Street
stations. This concern creates a whole cascading series of considerations. TriMet
continues to look for ways to make the stations line up with the transit center to
make a clear and inviting path from Main Street back to the station. The intent_is
to widen out the tracks to accommodate the station, meaning there is
approximately 16 feet gross area to include railing, Iighting and plantings to create
an inviting pedestrian walkway. TriMet is also looking at ways, from a visibility and
attractive standpoint, to make a better tie from Commercial Street to the station.
Tigard City Council Minutes Page 16
Meeting of September 21, 2004
Mr. Walsh pointed out there is a real problem with the station at Washington
Square, south of Scholl's Ferry Road The existing businesses in the area include
Levitz, Toys 'R Us, and where Westside Propane is located. That location has been
where the park and ride has been conceptually located. There are a number of
challenges to locating the park and ride in this area, including security, access to the
park and ride facility to the station and from Cascade Avenue. He pointed out
some difficulties they were still faced with at this station.
Mr. Hendryx stated this station is physically located behind Toys 'R Us. TriMet will
be looking at a couple of different options and recognizes the problems with
visibility and access from the park and ride.
Mayor Dirksen said he didn't know if it made any difference which side of Scholl-'s
Ferry Road the station is on, whether it is in Tigard or in Beaverton. If it is better if
it is located on the other side of Scholl's Ferry and works better, he feels that is the
better way to go.
Mr. Walsh stated TriMet has been talking about the location of that location in
Tigard for long time; it would be difficult to begin discussions to move that station
location now. He explained that Levitz had indicated a willingness to agree to a
long term lease for the park structure on its property. They are faced with a
different situation dealing with the downtown Tigard stations. He referred Council
to the conceptual drawing of the station shelter on the back of the handout, and
reviewed the project schedule before construction is to begin in the fall of 2005.
Mr. Hendryx noted TriMet is faced with some critical deadlines as the final design is
scheduled to be completed in January 2005. TriMet will continue to meet with
the Downtown Task Force on the issue of betterments over the baseline project.
He asked how Council wants to be informed of progress or whether additional
briefings 'were needed. Either he or Mayor Dirksen, who is a member of the
Downtown Task Force, could keep the Council up to date on progress.
The Council concurred that either Mayor Dirksen or Mr. Hendryx would keep the
Council informed
Council concurred to proceed with last couple of items and go past 10 p.m. but proceed
at this time with Item 8
7. CONTINUE DISCUSSION OF COUNCIL GROUNDRULES — VISITOR'S
AGENDA
Tigard City Council Minutes Page 17
Meeting of September 21, 2004
At the end of the meeting, Mr. Monahan noted that Joanne Bengston had
surveyed the Oregon Association ' of -Municipal Recorders on how other cities
handle comments from the public on items not on the agenda. She had prepared a
spread sheet showing the responses.
Councilor Moore indicated there was some good information from other cities,
generally which is similar to what is being done now.
Mr. Monahan stated this item would be added to the Study Session agenda at the
September 28 meeting.
8. PROCESS FOR CONTIGUOUS ANNEXATIONS
Mr. Hendryx explained a number of developments have been proposed or
approved in the area adjacent to the City which have an impact on the City. He
reviewed a list of terms relating to annexation. Council has placed the Buli
Mountain annexation ballot measure on the November 2004 ballot, but other
developments will have an impact on the City independent of that vote. A map
showing the location of developments with Consent to Annex and Waiver of
Remonstrance's had been executed was reviewed, which included Tuscany Estates,
Bella Vista, Summit Ridge, Alberta Rider, Arbor Summit 1 and 2 developments,
and areas were islands existed or might be created as a result of annexation. Mr.
Hendryx reviewed his staff repot and recommendations which were included in the
council packet.
Mr. Hendryx, in response to Council questions, indicated that Park SDC's may be
lost if the Washington County Commission does not impose a proposed Park SDC
program for the Bull Mountain area.
There was Council concurrence to:
• Not support cherry stem annexations in order to annex areas some distance
from existing City limits,
• Avoiding purposely creating islands, but realizing that an island might be
created as a result of annexing land approved for development,
• When an annexation petition is received, to continue the process of staff
contacting other property owners to see if owners of adjacent property are
interested in annexing at the same time,
Tigard City Council Minutes Page 18
Meeting of September 21, 2004
• At this time, not proceeding with annexing islands without consent of
property owners, and
• Continue with the existing policy relating to double majority of not annexing
other properties without owner consent, but look at it on a case by case
basis.
9. COUNCIL LIAISON REPORTS - none
10. NON-AGENDA ITEMS
➢ TVF8zR REQUEST FOR A JOINT COUNCIL/BOARD MEETING.
Mr. Morrison indicated TVFBzR has requested a joint council/board meeting
in addition to the lunch meeting set for September 29.
Councilor Moore asked if whatever they are concerned about could be
discussed at the lunch meeting.
Mr. Monahan stated their request did not include a specific reason for a joint
meeting. He will check to see if their concern could be discussed at the
September 29 lunch meeting.
➢ ATTENDEES FOR TVF8zR LUNCHEON AT STATION 51 9/29/04
Noon-1:15 P.M.
Councilor Moore, Sherwood, Wilson and Woodruff indicated they would
attend the Joint Meeting with TVF&rk.
➢ BENEFIT VERIFICATION SHEET— DEADLINE 9/30/04
Mr. Monahan noted the enrollment forms need to be submitted by
September 30.
➢ ADMINISTRATIVE ITEMS
Calendar Review
• September 29: Lunch at TVF$zR Station 51 — Noon — 1:15 pm
Tigard City Council Minutes Page 19
Meeting of September 21, 2004
• October 12: Council Business Meeting 6:30 pm
• October 19: Council Workshop Meeting 6:30 pm
• October 26: Council Business Meeting 6:30 pm
• October 31: Daylight Savings Time Ends
• November 2: EIection Day
• November 4 — 6: League of Oregon Cities Conference -- Portland
• November 9: Council Business Meeting 6:30 pm
• November 11: Veterans Day — City Hall Closed
• November 16: Council Workshop Meeting 6:30 pm
• November 23: Council Business Meeting 6:30 pm
• November 25: Thanksgiving — City Hall Closed
• November 26: Holiday — City Hall Closed
Mr. Monahan noted he had talked with Steve Wheeler, Tualatin City
Manager, who had proposed a joint meeting with the Cities of Tigard and
Tualatin, and the Tigard/Tualatin School District Board, with the School
District hosting the meeting. The School District had proposed a meeting
date in October, but he and Mr. Wheeler had suggested delaying the
meeting until mid-November, in order to invite the newly elected Council
members to attend.
The Council concurred with Mr. Monahan's proposed date.
11. ADJOURNMENT
Study session recessed at 10:12 p.m.
i
J McGarvin, D puty City Recorder
Attest:
Mayor, City of Tigard
Date: kb'r��o�l���
Tigard City Council Minutes Page 20
Meeting of September 21, 2004