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City Council Minutes - 01/20/2009 Agenda Item No. Meeting of City ofTigard -L igard Workshop Meeting Minutes TIGARD CITY COUNCIL MEETING DATE/'T'IME: January 20 2009 —6:30'p. . -Workshop Meeting MEETING LOCATION: City of Tigard—Town Hall, 13125 SW Hall Blvd.,Tigard, OR. 97223 1. WORKSHOP MEETING 1.1 Mayor Dirksen called the City Council Workshop Meeting to order at 6:31:43 PM 1.2 Deputy City Recorder Krager called the roll Present .Absent Councilor Sherwood ' Councilor President Milson Councilor Buchner Mayor Dirksen Councilor Henderson 1.3 Pledge of Allegiance 1.4 Council Communications &Liaison Reports: Mayor Dirksen mentioned that as part of his expanded role he attends many meetings and asked Council if they would prefer briefings at each meeting or if another frequency was desired. Councilor Buchner suggested his liaison reports could be presented at workshop meetings. Mayor Dirksen said he will conte to distribute written materials on items important for Council to be aware of and perhaps only address questions and concerns Council has at their regular meetings. He asked Council to give some thought to format and frequency of updates. 1.5 Call to Council and Staff for Non-.Agenda Items: City Manager Prosser announced that Agenda Item No. 9— Training by City Attorney on Executive Sessions and Ethics-will be held in the Iced Rock Creek Conference Room. TIGARD CITY COUNCIL MINUTES —JANUARY 20, 2009 City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR.97223 1 503-639-4171 1 wiv%v.t gird-or.gov I Paage 1 o 1l 2, ANNUAL J DINT MEETING WITH THE COMM11TEE FOR CMZEN INVOLVE,M NT 6:35:18 PM CCI Members present:Basil Christopher,Bev Fronde,Patricia Anda and Gary Jelinek Staff Presenter: Assistant Planner Daniels Assistant Planner Daniels gave an update on the CCI's accomplishments. She highlighted the mission statement update,goals,and new Neighborhood Network Program.She said this was the first year of expanded CCI membership which included four additional at-large members and one at-large youth member. Chairperson Christopher thanked Assistant Planner Daniels for her help and said he appreciated the work the Committee has done. He said there is still a lot to do but felt they were moving in the right direction with the Neighborhood Network Program. CCI Member Froude acknowledged Assistant City Manager Newton for her work on theNeighborhood Network program. Councilor Henderson asked about the upcoming Neighborhood Network Open House. Assistant Planner Daniels said it will be held on Saturday, February 7 from 11-3,in the Library Community Room, Representatives will be there from every neighborhood and the websites willl be displayed. Council President Wilson referred to the CCI's Gaal No.3-Private Development Notice Requirements. He said a citizen complained at a recent Council meeting about the lack of notice for a stop sign installation made necessary by the new fire station near his house. Council President Wilson acknowledged the difficulties in ensuring contractors communicate with neighbors,but urged the CCI to keep pushing for better communication. CCI Member Froude said it is hard to keep this information in front of people. She said, "People just don't know. Roads are closed for work and no one knows why,so they get mad." She suggested a new City ordinance requiring such signage. Councilor Buchner commented that when the fire station was being built they notified everyone who lived on Walnut but did not send notices to these living right off of Walnut Street who were affected as well. Councilor Buchner identified a problem of potential confusion between the roles of CP04B and Tigard's CCI. CCI Member Froude said there has recently been some coordination between citizen committees and Washington County and she expects even more coordination and communication in the future. +6:47:58 PM Mayor Dirksen said he depends upon this committee when he has questions about what citizens think or if he wants to get a citizen program off the ground. He thanked them for providing their perspective. Assistant City Manager Newton said.the CCI has been a`great sounding board.. She complimented the CCI on their hard work.. 6:53:24 PM Mayor Dirksen said Council would be discussing the formation of a permanent transportation committee later in the meeting(Agenda Item No.8)and suggested that CCI members might want to stay for that discussion or add their input later. Councilor Henderson asked,"How do you involve the business community?"CCI Member Ftoude said, "Come to our meetings and give us some suggestions on how to do that,"' CCI Member Christopher said another goal is to help the City develop a civic leadership academy to help people get a better understanding of how the community works. TIGARD CITY COUNCILIN`t TES —JANUARY 20, 2009 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 1 503-639-4171 1 www.tiigard-or.gov J 1'qae 2 of11 Councilor Sherwood asked if the Chamber of Commerce will have their Leadership Academy this year. City Manager Prosser said he will get information back to Council on it He said that one of Council's 2009 goals is to honor and promote good citizenship. They came up with the idea of a citizenship award that could be presented at the Chamber's Shining Stars banquet If so,we need to get to work on this tight away and would appreciate CCIs help on this. He asked CCI for their recommendation. CCI Member Froude asked if this award would be for individuals or businesses. City Manager Prosser said it was focused on merits and could be awarded to either. 3. 6:58:46 PM PROPOSED STREET MAINTENANCE FEE INCREASES — PUBLIC INVOLVEMENT REPORT Engineer Duenas said that on October 21, 2008 Council directed staff to develop a public process to receive input prior to bringing the street maintenance fee to Council for consideration in early 2009. He described the ways the City sought citizen and business feedback He said open houses were held on November 19 and December 11,2008. Efforts included a front-page Cityscape article,press releases,notices mailed to all Boards and Committees and a public information sheet He said staff prepared a lot of information for the open houses,preparing for in-depth as well as basic discussions on why the City proposes raising the fee from 2003 levels. He said the open houses were sparsely artendedwith just two citizens at one of them. Engineer Duenas cited the rising price of asphalt as another reason the street maintenance fee needs to be increased. He said the City met with Summerfield residents regarding various street issues. The City received a letter from Surnmerfield residents in support of the fee amendmentx especially the right-of-way maintenance. A copy of their letter is included in the Council packet He said staff would come before Council on January 27, 2009 with changes to the ordinance for their consideration. It is proposed that rates would be discussed at the February 10,2009 Council meeting as well as the establishment of a long-term City pavement condition goal. He outlined the changes: o Right-of-way maintenance added to the scope s More streets were categorized as non-residential 4 Inflation factor built in Engineer Duenas said staff wants to move forward and improve the system rather than allow the streets to deteriorate further. He said they want to base the fimding on an overall condition goal allowing a full range of treatments. He said, 'Ve don't want to get locked into overlays or reconstruction and are looking at the long- term benefit to the City." He acknowledged this may hurt in the short term so staff recommends phasing in the rate increases. Engineer Duenas said some public comments were not in favor of the increase, some were in favor, and there were some was for adding even more,by including sidewalks. Councilor Sherwood said she heard from area ministers. For example, St. Anthony's Catholic Church would need to pay an additional$5,000 per year, She said she opposed increase now and recommends putting any increases off for at least six months due to the economy. Engineer Duenas said churches receive a 500/6 discount from other non-residential users. TIGARD CITY COUNCIL MINUTES-JANUARY 20, 2009 City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 1 503-639-4171 1 wwwvv,tigard-ongov I Page 3 of11 Councilor Buchner asked if staff had met with Joe Gilliam from the Northwest Grocery Association. Mayor Dirksen said he met with him.. He-said.Mr. Gilliam expressed concern about the expansion of the fee to include other things beyond streets,such as right-of-way or sidewalks. He said he agreed with the commercial reclassification of some streets previously calculated as residential. 7:115:43 PM Mayor Dirksen said he understood the reasons for increasing the fee,recognizing that an inadequate,street maintenance fee can lead to future problems. But he said because he was sensitive to the current economic crisis,he wouldn't support including right-of-way maintenance at this time. He said he agrees with delaying the first phase to see where the economy;goes and would like to discuss with Council whether a delay should be six-months or another amount of time. He asked Engineer Duenas to bring back two options for Council to consider—one that includes tight-of-way maintenanceand one that does not. Referring to the Summerfield Homeowners Association's concerns about the;significant right of way on Durham Road behind theirhomes,,he asked if there was an alternative to address that area specifically. He asked if it would be possible for the City to contract with them and be paid to maintain their rights of way. The Homeowners Association could charge their residents a fee. Council President Wilson said he wanted to remind Council that the reason we are doing this is to save money in the long run. This is for deferred maintenance. He said he agrees with Councilor Sherwood that churches should receive a discount commensurate with traffic generation,and a$5,000 increase seethed high. 7c1 .02 PM Mayer Dirksen noted that many churches are used more that, one day a week, with pre-schools, schools, organizations and committees using the space during the week. Councilor Buchner remarked that some churches have more than one congregation meeting in their facilities. Councilor Henderson said he may have a conflict of interest being the owner of a business park but he wanted to comment from that perspective. He said he's lost several tenants due to the current business climate and feels this is not a good time to increase the fee. He said he dict a study on the cast of asphalt which included seeing an asphalt:pricing audit done by the City of Portland and wanted to share that information. Mayor Dirksen disagreed thatthis is a conflict of interest for Councilor Henderson 7:15.29 PM,saying,"We all own homes in Tigard so at some level this fee impacts us all." Councilor Buchner said,"We have got to maintain our streets. We can't allow the backlog to happen again. In the long term it costs all of us money. Streets in bad condition lower property values." Council President Wilson asked Engineer Duenas to came prepared to discuss the option of def the business portion for a time period but implementing the residential portion. Councilor Sherwood said she also wants to talk about nonprofit organizations in the community as well as businesses because they too are having to lay people off and are hurting financially. In response to a question from Councilor Henderson about how remapped downtown parking spaces would be assessed, Engineer Duenas said the Code requirement for each type of business was used,which means the amount of parking spaces a business would need to operate. He said this keeps it as fair as possible. 4. 7.21:43 MGF IWAY 99W—COMMUNITY ENGAGEMENT EFFORTS UPDATE Community Development Director Bunch said significant changes and improvements are planned for Highway 99W. Any large development in the Tigard Triangle would include ODOT- - dated changes in intersections, and access,etc. These changes will affect residents and commuters. He said the City needs to talk to the public TIGARD CITY COUNCIL MINUTES —JANUARY 20, 2009 City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 1 503-639-4171 1 www.tigard-or.gov I Pagae 4©f11 early on to inform people that changes are coming. There will likely be conflict and this is why there will be a mediator to work with citizens and engineers on reaching solutions. He said staff wanted to address these issues now rather than later. Staff prepared a scope of work to engage a community involvement and mediation expert, Alexander Craghead. He said it is important to develop an engagement schedule, process, project message and strategy and define a toolbox of actions by which the City can get together with property owners and the public in general. He will then work with the engineering team to define solutions. The three is envisioned to take four months Ganuary-April 30,2009). Funds are budgeted for the consultant's work 7:27:15 PM In response to a question from Councilor Buehner about how the large upcoming retail project in the Tigard Triangle will dovetail with this process, Community Development Director Bunch said it will be concurrent. 7.28-31 PM Mayor Dirksen said there may be opportunities in areas along 99W where redevelopment is not imminent,yet current business owners may voluntarily agree to access modifications. For instance,instead of having a driveway directly off of 99W,they could access their business from the nearest cross street He asked, "Would it be possible under the scope of this project to identify some of these areas and engage these individuals and businesses to see whether there are opportunities there?" Community Development Director Bunch said Rights-of-Way Administrator McCarthy is beginning a 99W Access Management Plan and said the City is interested in doing that and is open to working with any business owners along 99W who want to improve access. ODOT is also interested in safety and through-capacity and the ability of that highway to function is very important Mayor Dirksen said improving traffic flow on 99W is in everyone's best interests and would improve the businesses along it as well. City Manager Prosser clarified for those in the audience that Highway 99W is a state highway and under the authority of ODOT,not the City. When new developments arise,they inform Tigard of the City's requirements for ODOT's facility (Highway 99W). He asked Community Development Director Bunch to clarify whether this project entails the entire length of 99W or just a segment and Mr.Bunch said it includes the portion of 99W from the Highway 217 overpass to 72"d Avenue. He emphasized that the City's interest in 99W is representing the interests of Tigar&s business community and the travelling public and wants to be a proactive partner with ODOT in resolving everyone's concerns. Council President Wilson said there appears to be excess tight-of-way in some areas, particularly an old street adjacent to 99W above Costco and asked if those areas could revert to public ownership and be sold. Community Development Director Bunch said ODOT is reluctant to pat with tight-of-way and looking ahead at the larger regional perspective,that"extra"right-of-way could potentially be used for high-capacity transit 5. 7:34.29 PIVI HIGHWAY 99W--LAND USE AND URBAN DESIGN VISION PROJECT BRIEFING Associate Planner Farrelly introduced this potential project which would envision the future transformation of the 99W corridor into a more transit-supportive,economically strong,high amenity,mixed-use urban corridor. He said the Community Development Department is proposing to work on this with the University of Oregon's Portland Urban Architecture Research Lab, which is the same office that recently finished the Downtown Future Vision document TIGARD CITY COUNCIL MINUTES —JANUARY 20, 2009 City ofTigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 1 503-639-4171 1 www.tigard-or.gov I Page.sem of1l He said this project would have three major functions: • Illustrate the potential of the corridor to develop land uses appropriate for regional investment in high- capacity transit • Help the City communicate with citizens on how existing properties could redevelop and inform City decision makers about necessary future infrastructure investments. • Illustrate how the corddor7s disadvantages could be overcome to make it into a place where people want to live,work shop and recreate. Green redevelopment design elements would also be featured. The finished product will be similar to the Downtown Vision document, showing existing conditions and graphic three-dimensional representations of potential future development that could support high-capacity transit. A conceptual street system will illustrate backage roads and better neighborhood connections, and identify potential high-capacity transit stations. He said they proposed doing a model and staff agreed, if the model can be disassembled and brought to Tigard. Councilor Buchner said she was glad there would be a model because for some it is hard to visualize 3-D on a computer. An Intergovernmental Agreement is scheduled for Council consideration at its January 27,2009 Business meeting. Associate Planner Farrelly said that on its own this project would not change any land use regulations but will be used as a tool to help make future decisions. Unlike downtown,there have not been many land use planning projects on 99W. Significant public outreach will need to occur with business owners and citizens in surrounding neighborhoods. Several meetings will keep stakeholders informed. Community Development Director Bunch distributed the finished document entitled, "Figard Downtown Future Vision: a visual refinement of the IDIP." Councilor Buehner asked if there could be a model made of the proposed downtown changes. Community Development Director Bunch said the City has resources for tbis kind of work. Council President Wilson suggested asking developers, particularly those who have relocated, why there is so much turnover on 99W. He also suggested the City ask PGE if high voltage lines could be relocated off the 99W corridor or raised to allow for street trees. Mayor Dirksen suggested to staff that Council President Wilson be involved in discussions about how CounciPs vision could work on 99W. Mayor Dirksen said he would Eke to attend meetings on this as well. Councilor Henderson asked if the group has done similar projects in other cities. Associate Planner Fatrelly said the professors involved have led projects in Minneapolis and Maryland. Community Development Director Bunch said in order to get the inexpensive rates and access to design skills and technology,a portion of the work is based on research and out of this will come materials intended to help other communities who are reinvigorating their corridors. He said this would give the City a great project to show property owners how their properties could be developed. 7:44:11 PM Mayor Dirksen said,"Ms is exciting. This is a real beginning of something Council has striven to get started for a long time." TIGARD CITY COUNCIL MINUTES —JANUARY 20, 2009 City ofTigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 1 503-639-4171 1 wwxv.tigard-ongov I Pagcaofll 6. 7.-47:32 PM SHOPPING CART ORDINANCE STUDY DISCUSSION Code Enforcement Officer Darnell introduced this agenda item which is a discussion on the shopping cart ordinances being enacted based on Oregon Revised Statute 199.990, also referred to as Senate Bill 645. She said this statute established guidelines for cities considering a shopping cart ordinance. Guidelines include: 1. Signs with specific language on each cart and entry/exit into a business 2. Tall-free phone number for reporting stolen/abandoned carts (can be shared but must be provided and maintained by shopping cart owner.) 3. Specific timelines for collection She gave background on existing conditions whereby the City's Public Works Department picks up 1-2 abandoned shopping carts per month. She described possible staffing impacts of putting an ordinance in place in Tigard including ensuring signage is posted on carts involved in the program, citing cart thieves, collecting and processing fines. She noted that this must be reported within one day. Additionally, staff would be out retrieving carts and storing them somewhere on city property until fines are paid. An advantage of this program would be the reduced number of abandoned shopping cuts around the city but a disadvantage is that the City won't be relieved of having to go get them. She also said it may unfairly target retailers because not only do they suffer a loss of their property,they must also pay a fine. She suggested that protocols be developed regarding use of shopping cam by homeless people. Mayor Dirksen asked Council,"Is there anyone interested in this ordinance?" Council President Wilson said he brought this up a year ago. He took photos one day of 50 shopping carts all over Tigard at bus stops, apartment complexes, drainage ways, near railroad tracks, and even in streets. He would Eke to see a more proactive stance by the grocers.These are their carts and they are not policing them. Code Enforcement Officer Darnell noted that the cart retrieval program through the NW Grocers Association will pick up any the City has gathered within 72 hours. Ms. Darnell said there were other options that stores could employ to prevent carts from leaving their parking lots such as: Electronic devices that setoff alarms Magnetic devices Caster locking when the cart leaves the lot(only goes in circles when it leaves the lot) Physical impediments such-as a tall flag on a rod attached to each cart > Hiring parking lot attendants > Voluntary membership in a cart retrieval service > Coin deposit rental system > Loading attendants,people hired to load groceries into your car She said she favored the coin deposit rental system of all these options because people would probably return carts they hadn't even rented just to receive back the deposit She said other alternatives are: > Keep the status quo of picking them up as we see them or as they are reported > Monitor the problem:revisit it later > Draft a new ordinance TIG ARD CITY COUNCIL MINUTES —JANUARY 20, 2009 City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 1 503-639-4171 1 www.tigard-or.gov I Page 7oP11 Educate retailers through the newspaper or Cityscape,letting them know what they'd face if the state ordinance was put in place in Tigard. They might choose to pick up their carts voluntarily. Councilor Sherwood commented that Target has a sign on their shopping carts saying there is an electronic monitoring sensor and she noted it must work because she hasn't seen any Target carts left around the City lately. Amanda Dalton:from the Northwest Grocers Association said they are in voluntary compliance tight now. She said. President Joe Gilliam of the Northwest Grocer's Association wanted to address Council and would be arriving later on in the meeting. Mayor Dirksen suggested continuing discussion on this agenda item after GillianYs arrival. 7. NEIGHBORHOOD TRAIL STUDY PROGRESS REPORT 5:07.55 PM Project Planner Roberts described a study the City undertook of neighborhood trails and opportunities for improvement,. He defined neighborhood s as short,unmaintained walking paths or short-cuts used by residents for everyday transportation. He acknowledged two committee members in attendance,Stevie Viaene and John Frewing. He gave an update on the neighborhood trail study, which is at the halfway point. He noted that the City is only in a study mode; there is no funding available. He said the study is funded by a$70,000 ODOT grant and the primary focus is on short trail connections within older subdivisions and .neighborhoods. He said in general, these subdivisions were built before Trga.rd's Development Code was amended to include hicycle/pedestrian connectivity requirements. He said the study will make recommendations regarding project sites and surfaces and if appropriate, Code amendments. Mr. Roberts said the rationale for the study is that if trip length can be reduced by providing direct connectionsto destinations, people will substitute walking or cycling for driving trips. He said the neighborhood trails are meant to complement, not replace, the on-street system of sidewalks and off-street greenways and Vis. Project Planner Roberts'gave a PowerPoint presentation on existing and potential trails. A copy of this PowerPoint is available in the City Recorder's Office. He reiterated that no decisions have been made;trails shown are candidates only. He said staff solicited nominations from the public for project sites. Altogether from the public,the committee and staff,over 100 potential trails were identified. He said the Consultants created an interactive map allowing citizens to design their own trails. Mr.Roberts said as part of the project they contacted private property owners to gauge interest in allowing access. Not surprisingly,most private property owners are unwilling to allow access due to concerns about loss of privacy,trespass and littering. He said in keeping with.community values, sites where there is an unwilling owner are dropped from consideration. Consultants will be evaluating the sites and coming back with recommendations. Other trails identified by Council for considerations • Councilor Buehner mentioned a trail off of Rockingham connecting to Gaarde Street • Council President Milson asked if staff has spoken to the owner of the property along Oak Street/Highway'217/Greenbutg Road along Ash Creek. He said the owner walked with him through a potential trail through that property. TIGARD CITY COUNCIL MINUTES —JANUARY 20, 2009 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 1 503-639-4171 1 wwvw.tigard-or.gov I Page 8 of11 Council President Wilson also noted,a trail at the end of Winterlake that could go through to 121't Avenue. It would go through some wetlands so perhaps a boardwalk could be built. Council President Wilson referred to an Ore similar efforts in goiiiaii article regarding sPortland. .A resident was supportive of pathways behind his property until he discovered he was personally liable for injuries and pathway maintenance. He asked staff about liability for Tigard's neighborhood trails. City Attorney Ramis said,"This is a policy decision for the Council. You can accept liability for trails if you wish. The general rule is that trails are analogous to sidewalks,which are the adjacent homeowner's responsibility. But in the case of designated greenways or trails that you accept,you can write different rules." Council President Wilson asked if it matters whether the land is purchased or if it is an casement. City Attorney Ramis said he didn't think so in terms of the City's=authority to craft the rules. Mayor Dirksen said he was impressed by the number of opportunities for potential trails. Councilor Sherwood asked if there would be money targeted towards tails in the stimulus project funding. She hoped that the City would have five or six projects ready to go. City Manager Prosser said he had not heard any stimulus package details yet but thought trail projects would be good to submit because they have a quick turnaround time and are easy to design. 1 6. CONTINUATION OF AGENDA ITEM NO.6. -SHOPPING CART ORDINANCE STUDY DISCUSSION NW Grocers Association PresidentJoe Gilliam addressed Council. 8:35:05 PM He said the grocers'group met with cities to develop an ordinance, which must be enacted by cities separately. Cities can also set additional penalties if desired. He said the group set up a 1-800 number and started a cart roundup service with three trucks,which now pickup 3,000 carts per month. He said this program costs member grocery stores $240,000 a year and is viewed as successful. He said while this is not a moneymaker, grocery store chains realize abandoned shopping carts are a problem for cities and he offered his organization's assistance. Councilor Buchner asked how many Tigard grocery chains are in the program. He said most chains in Tigard are members. He said he would like more stores to join or start their own cart roundup system, but unless there is an ordinance on the books, they dont join. He said they run regular sweeps through neighborhoods and pick up carts that belong to the service. Those that don't belong are Ick because technically, the person collecting the carts would be in possession of stolen property if they pick up non-member carts. He said the cost to retailers is proportional,if their carts are 40%of the carts rounded up,they pay 40%of that month's bill. He said his staff will not collect a cart from a homeless person. He also said they work with police or sheriff departments to report carts in dangerous areas. Councilor Sherwood said she has noticed a decrease in abandoned carts so his program has made an impact Ms. Darnell asked if the Grocers' Association can be called if carts with their sign on them are picked up by Tigard staff even with no City ordinance in place. Mr. Gilliam said they will come get their member's carts, whether or not the City has an ordinance. She suggested a win-win alternative might be more public education since most local retailers are already members. Code Enforcement Officer Darnell asked City Attorney Ramis if the City would be bound to follow all the steps if they adopted an ordinance. Mr.Ramis said Tigard clearly had to make a choice between the statute and something more informal,die strategies are different. TIG ARD CITY COUNCIL MINUTES —JANUARY 20, 2009 City ofTigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 1 503-639-4171 1 www.tigard-or.gov I Page 9ofll Mayor Dirksen asked Council for a recommendation on how they should move forward. Council President Wilson suggested continuing to monitor the problem and address it again if the situation degrades in the future. Mayor Dirksen asked Code Enforcement Officer Darnell to coordinate with the NW Grocers Association as necessary. She said she would also like to put some information on the City's website and create a brochure encouraging people to utilize the service. 8. ESTABLISFINffiNT OF A CITY TRANSPORTATION ADVISORY COM41=E 8.54:42 PM Community Development Director Bunch said Council directed staff on October 28,2008 to bring information on roles and responsibilities for a transportation advisory committee. He said there was also a question about how such a committee would relate to the Planning Commission. Staff reviewed several charge statements from transportation committees throughout the region. Mr. Bunch referred Council to Page 1 of Attachment 1 — (Proposed By-Laws) saying that the committee is charged with advising Council and staff regarding planning and development of a comprehensive transportation network for the City of Tigard. Mr.Bunch said the word"multi-modal"is important to use in a list of charges so that various forms of transportation don't have to be separately listed each time. He noted that transportation financing and capital investment programs are mentioned which reflects that the City has utilized a transportation finance committee more than once in the past He said public engagement in transportation matters is important.Law enforcement and traffic safety elements could also be a part of a Transportation Advisory Committee if Council wishes. He said working in a coordination role with other Boards and Committees such as the Park and Recreation Board,Planning Commission and the Budget Committee. Staffing impacts would be primarily to the Engineering Department,along with Long Range Planning. Councilor Buchner she said those being interviewed recently for the reconstituted Transportation Financing Strategies Task Force were asked if they would consider serving on a permanent transportation committee and they were amenable to that She said that if Council decides to move ahead with this it would be a fairly smooth transition. Council President Wilson asked what the difference is between a committee and commission,noting both terms are used in the proposed by-laws. He said,"Our Planning Commission makes some decisions. To what degree would a transportation committee be allowed to?" City Attorney is said,"Either one has only the authority you give them."Community Development Director Bunch clarified that Planning Commissions are given authority by State statute and are considered a quasi-judicial body. He said-regarding transportation matters there is no such state grant of authority. Mayor Dirksen asked if by avoiding land use issues, the group would be precluded from testifying regarding transportation impacts. City Attorney Ramis said, "As this document is drafted, they could testify as individuals, but as a group they could not." Mr. is noted that if a committee is formed as an advisory committee to the Planning Commission,you in effect create another procedure that neighbors, supporters,and applicants have to go through in order to get the recommendation to the body that is making the decision. Mayor Dirksen asked Council for direction. He said that folding a lot of the transportation functions into one committee would create a more uniform transportation effort for Tigard. Community Development Director Bunch asked Council when they want to form this committee. 92-08-5-7 PM Mayor Dirksen's direction would be to move forward with creating this committee and there may be members of existing committees that want to be on this advisory committee or a subcomnaittee working underneath it. TIG ARD CITY COUNCIL MINUTES —JANUARY 20, 2009 City of Tigard 1 13125 SWHall Blvd.,Tigard, OR 97223 1 503-639-4171 1 wNm.tigard-or.gov I Page 10 of1l 9:09:20 PIvlMayor Dirksen announced that the Council would be moving into the Red Rock Creek Conference Room for a training session on current Oregon Government Ethics Laws and Executive Sessions. Council took a short recess. Councilor Buehner left the meeting.Council convened again at 9:16 pin 9. EXECUTIVE SESSIONS AND ETHICS TRAINING City Attorney is gave a brief training on aspects of Oregon's Public Meeting Law, specifically executive sessions. He gave Council printed materials entitled 1) Executive Sessions and 2) Oregon Government Ethics Laws—2009 for Elected Officials,copies of which are available in the City Recorder's Office. Topics covered included: > Filing Requirements for ethics forms Y Financial Disclosure Requirement > Gift Limitations > Conflict of Interest He urged Council to call him or staff if they have questions. 10. ADJOURNMENT At 10:15 pin Councilor Sherwood moved for adjournment Council President Wilson seconded and all voted in favor. Yes No Councilor Sherwood v/ Council President Wilson V/ Councilor Buchner V/ Mayor Dirlisen Councilor Henderson Carol A- Drager, eputy Ci Recorder Attest- Mayo City of T!igarl- Date: .2 I\ADM\CXII-IY\CC,N4\2009\090120.doc TIGARD CITY COUNCIL MINUTES —JANUARY 20, 2009 City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 1 503-639-4171 1 -%v-,vw.tigard-orgov Page 11 of11