City Council Minutes - 10/26/2010 - City of Tigard
Tigard Business Meeting — Minutes
TIGARD CITY COUNCIL AND
CITY CENTER DEVELOPMENT AGENCY
MEETING DATE AND TIME: October 26, 2010 - 6:30 p.m.
MEETING LOCATION: City of Tigard - Town Hall - 13125 SW Hall Blvd.,
Tigard, OR 97223
• STUDY SESSION
Mayor Dirksen called the meeting to order at 6:30 p.m.
Name Present Absent
Mayor Dirksen ✓
Council President Wilson ✓
Councilor Buchner ✓
Councilor Henderson ✓
Councilor Webb ✓
Staff Present: City Manager Prosser, City Recorder Wheatley, Community Development
Director Bunch,Assistant Community Development Director Harnett,Associate Planner Floyd,
Public Works Director Koellermeier,Library Director Barnes
City Manager Prosser announced the Executive Session:
• EXECUTIVE SESSION: The Tigard City Council went into Executive Session at 6:30 p.m,
to discuss pending litigation with legal counsel under ORS 192.660(2)(h). AR 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.
After the Executive Session, the City Council met in Study Session:
• Discussion of the West Bull Mountain Concept Plan. Community Development Director
Bunch provided the City-Council with background information:
o Open House scheduled for October 27.
TIGARD CITY COUNCIL MINUTES — October 26, 2010
City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 1 503-639-4171 1 www.figard-or.gov I Page 1 of 11
o Councilor Buchner will attend and plans to testify.
o Referred to a flyer from the County website regarding West Bull Mountain. City
Council also reviewed the timeframe for the Plan,which is one year behind schedule
because of the need to go through the Urban Rural Reserve process.
o A community forum is scheduled for January.
o The Concept Plan is characterized as a non-land use activity and, therefore, the final
resolution will cannot be appealed.
o Community Development Director Bunch advised of Tigard's dissatisfaction with
what is occurring.
o Once the Concept Plan resolution is adopted, the Community Plan will be
developed. The Community Plan will contain all regulations;i.e., zoning, street
standards, etc.
o When the County-was asked about governance, they advised they would be looking
at all options, including the formation of service districts to provide services.
o Community Development Director Bunch reviewed the elements of the Concept
Plan.
o The Plan represents a predominantly residential area with a small commercial center.
o Community Development Director Bunch advised he approached the Plan from a
policy perspective. Governance is still the most significant issue.
o Tigard and other jurisdictions are opposed to unincorporated urban development.
o County staff members have repeatedly advised representatives from other
Jurisdictions that the Board of Commissioners want the Concept Plan to be
developed without talking about governance. Governance will be discussed when
the Community Plan is developed. The concern is that there is no certainty that this
will be discussed at that time.
a Throughout the Concept Plan., there are references to using service districts for parks
and other kinds of infrastructure.
o All but two individuals voted that Tigard should be the water provider; there is no
mention of this in the Concept Plan. The Plan says the water provider has not been
identified.
o 0 Governance is important. If Tigard, in the future, becomes the governance
provider,we would be expected to accept the County plan and a set of County
standards and ordinances. These are inconsistent with how we operate our land-
planning. It is inconsistent with the City of Tigard's Transportation System Plan,
Parks Master Plan, etc.
o The Plan calls for the County to enter into an Intergovernmental Agreement with
the City whereby the City could implement the Concept Plan.
o City Manager Prosser advised there was deleted language regarding a requirement
that before a City annexes any of the areas within the Concept Plan the City would
enter into an Intergovernmental Agreement with the County. The Plan now
recommends that Urban Services Plan be amended, for which the City would have
the options of agreeing to do or not.
TIGARD CITY COUNCIL MINUTES — October 26, 2010
City of Tigard 113125 SAX'Hall Blvd.,Tigard,OR 97223 1503-639-4171 www.tigard-or.gov I Paget of 11
a ICJ Community Development Director Bunch expressed his discomfort with
assurance from County staff to not be concerned because this is a "just a concept."
He said he is worried that the Concept Plan will be the primary determinant with
regard to how the Community Plan will be developed resulting with Tigard being
boxed in from a political standpoint. Metro says that once an area comes into the
City, the City has the ability and right to proceed as the City deems appropriate.
Community Development Director Bunch said, the question is "Do we want to get
set up early in the process...and be locked into a particular land-use path."
o Community Development Director Bunch U advised he has another concern in
that this Plan exists only in the context of Bull Mountain and West Bull Mountain.
Previously,planning was done within a metropolitan context based on where jobs
are and the location of major arterial and collectors streets. There is no definition of
context with this Plan. There is no recognition that the area abuts Tigard's urban
services boundary.
o The County has gone through an infrastructure analysis. Costs are staggering for
transportation, water, sewer, and storm water. Technical appendices are not
referenced within the Concept Plan.
o To proceed, it is important that all the players have a firm grasp of the infrastructure
costs, how it is addressed in stages, how it is financed over time, and who possesses
the capability to address them.
o Community Development Director Bunch said the lack of substance within the
Concept Plan is troublesome.
o Councilor Buchner referred to potential development and the impact it will have on
the traffic system.
Mayor Dixksen referred to the upcoming open house on the Concept Plan. Concerns on the
part of the City include:
o The Plan does not address the impacts to the transportation infrastructure to the
surrounding communities.
o The Plan does not address the issue of governance; that is,who is going to provide
and finance the public infrastructure (streets, parks, trails).
o The one small commercial district provided for within the Plan appears to be located
based on the fact that is in the middle of the planning area,rather than locating it at
the intersection of major streets,which would provide transportation access.
Council President Wilson added he had a criticism in that if Tigard were to plan this in the
context of the City,we would transfer some of the density from the Plan area to places
where it would be better served {Triangle and Downtown). He noted there is no bus service
for the area.
Councilor Webb pointed out that there was a Bull Mountain Community Plan and Tigard
followed it as it was developed. No one had a complete grip on how development was
occurring. No planning document was formally adopted. Mayor Dirksen said the Bull
TIGARD CITY COUNCIL MINUTES — October 26, 2010
Cit l of Tigard 1 13125 5W Hall Blvd.,Tigard,OR 97223 1 503-639-4171 1 www.tigard-or.gov I Page 3 of 11
Mountain Community Plan was referred to as if had the rule of law, yet it was only a
Concept Plan.
Community-Development Director Bunch said staff is developing options the City Council
will want to consider.
Community Development Director Bunch referred to the marked-up versions of the
Concept Plan,u-hich were distributed to the City Council for review. This document is
online.
• Administrative Items:
o Council Calendar
■ November S - Special Meeting - 6:00 p.m. (Dinner) 7:00 p.m. Meeting-Lake
Oswego -West End Building, Santiam Room, 4101 Kruse Way,Lake
Oswego
■ November 9 - Business Meeting - 6:30 p.m.
■ November 11 -Veterans Day Holiday, City Offices Closed
■ November 16 -Workshop Meeting - 6:30 p.m.
■ November 23 - Business Meeting- 6:30 p.m.
■ November 24-25 -Thanks gir~ing Holiday, City Offices Closed
1. BliSINESS MEETING ��-qq
A. Mayor Dirksen called the meeting to order at 7:35 pm. IQ
B. Roll Call
Name Present Absent
Mayor Dirksen. ✓
Council President Wilson ✓
Councilor Buchner ✓
Councilor Henderson ✓
Councilor Webb ✓
C. Pledge of Allegiance
D. Council Communications &Liaison Reports IR
Councilor Buchner noted she had made a brief report on the Finance and Taxation
Committee Meeting last Friday,which was sent to the Mayor and City Council.
E. Call to Council and Staff for Non-Agenda Items IR None
_ TIGARD CITY COUNCIL MINUTES — October 26, 2010
Cite of Tigard 1 13125 SV'Hall Blvd.,Tigard,OR 97223`503-639-4171 1 www.tigard-or.gov I Page 4 of 11
2. CITIZEN COMMUNICATION IR
A. Follow-up to Previous Citizen Communication - None
B. Citizen Communication: IR
• Pavel Goberman, P O Box 1664, Beaverton OR 97075, read from a prepared statement
regarding his complaint against the Oregon State Bar (OSB) asking the City to suspend
the OSB's business license. A copy of Mr. Goberman's letter, dated October 26, 2010,is
on file with the packet material. In this letter Mr. Goberman alleges a number of
violations by the OSB including violating the United States Constitution. Mr. Goberman
advised he will also be running for public office; he requested voters write in his name.
IR Mayor Dirksen reviewed the Consent Agenda:
3. CONSENT AGENDA:
A. Approve Council Minutes:
1. July 20, 2010
2. July 27, 2010
3. August 17, 2010
4. October 5, 2010 - Town Hall Meeting Notes
B. Appoint Richard Shavey, Current Planning Commission Alternate, to the Planning
Commission - Resolution 10-53
• A RESOLUTION APPOINTING RICHARD SMVEY TO THE PLANNING
COMMISSION
C. Approve Intergovernmental Agreement Between the City, Metro, and the Oregon
Department of Transportation to Develop a Transportation Growth Management Grant
Funded High Capacity Transit Corridor Land Use Plan - Resolution No. 10-54
• A RESOLUTION AUTHORIZING THE CITY MANAGER TO SIGN AND ENTER
INTO AN INTERGOVERNMENTAL AGREEMENT WITH THE OREGON
DEPARTMENT OF TRANSPORTATION AND METRO FOR THE TIGARD HIGH
CAPACITY TRANSIT CORRIDOR LAND USE PLAN, FUNDED THROUGH A
TRANSPORTATION GROWTH MANAGEMENT GRANT
D. Approve Standard Telecommunications Franchise Agreement with XO Communications
Services, Inc. - Resolution 10-55
TIGARD CITY COUNCIL MINUTES — October 26, 2010
City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 1 503-639-4171 1 www.tigard-or.gov � Page 5 of 11
• A RESOLUTION GRANTING A NON-EXCLUSIVE UTILITY FRANCHISE TO XO
COMMUNICATIONS SERATICES, INC PURSUANT TO TIGARD MUNICIPAL
CODE SECTION 15.06.060
Councilor Henderson. asked Mayor Dirksen to share information with the public regarding Item
3.C.; he noted the importance of this Intergovernmental Agreement.
I1 Mayor Dirksen presented information on Item 3.C., after which the City Council adopted
the Consent.Agenda by a unanimous vote of City Council present. Motion by Council President
Wilson; second by Councilor Henderson— Councilor Webb abstained from voting on the July
27, 2010 City Council minutes because she was absent for that meeting; she advised she would
vote on the remaining items.
Yes No
Mayor Dirksen ✓
Council President Wilson ✓
Councilor Buehner ✓
Councilor Henderson ✓
Councilor Webb ✓ (abstained from voting on the July 27, 2010,
City Council meeting minutes.)
la
4. UPDATE ON COLTNCIL GROUNDRULES
• Senior Management Analyst Wyatt presented the staff report. After City Council discussion,
Council adopted Ordinance No. 10-16, The City Council continued the resolution and the
ordinance and resolution in Agenda Item No. 5 to the November 9, 2010, City Council
meeting. Councilor Buchner and Councilor Henderson have suggestions for staff to
incorporate into the proposed resolutions.
During discussion on this agenda item, a motion was considered by the City Council to
amend language contained in the proposed resolution:
IB
Motion by Councilor Henderson, seconded by Mayor Dirksen, to incorporate changes to the
Tigard City Council ground-rules. City-Manager Prosser stated the changes referred to in the
motion as follows:
o Language on Page 9 under Communication with City Boards and Committees so
that the final bullet under the first section would read: "Board members do not
report to individual Council members. Individual Councilors have no authority
to remove Board members.
o Language on Page 12, under Respect and Care in the fourth bullet down should
be changed to "Respect the distinction between the role of the citizens, the
Council and staff."
_ TIGARD CITY COUNCIL MINUTES — October 2G, 20I0
City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 1 503-639-4171 w ww.ugard-or.gov [ Page 6 of 1
Yes No
Mayor Dirksen ✓
Council President Wilson ✓
Councilor Buchner ✓
Councilor Henderson ✓
Councilor Webb ✓
QMotion by Councilor Buehner, seconded by Councilor Webb, to adopt Ordinance No.
10-16.
o AN ORDINANCE AMENDING TIGARD MUNICIPAL CODE CHAPTERS
2.44, CITY COUNCIL; 2.46,LOCAL CONTRACT REVIEW BOARD;AND
2.64, CITY CENTER DEVELOPMENT AGENCY BY ADDING
REFERENCES TO RULES OF PROCEDURES INCLUDING COUNCIL
GROUNDRULES
Yes No
Mayor Dirksen ✓
Council President Wilson ✓
Councilor Buchner ✓
Councilor Henderson ✓
Councilor Webb ✓
Consideration of the proposed resolution was tabled to November 9, 2010.
Agenda Item No. 5 continued to the November 9, 2010, City Council meeting.
5. ORDINANCE AMENDING THE TIGARD MUNICIPAL CODE AND A RESOLUTION
PERTAINING TO A CODE OF CONDUCT FOR APPOINTED BOARD, COMMITTEE,
AND COMMISSION MEMBERS
IR
6. MONTHLY UPDATE ON CAPITAL IMPROVEMENT PROGRAM PROJECTS
FOR PACIFIC HIGHWAY, MAIN STREET, GREENBURG ROAD,AND BURNHAM
STREET
Engineering Manager McMillan presented the staff report and reviewed in detail the status of the
Burnham Street project. A status report of the capital improvement projects is contained in the
Agenda Item Statement filed with the meeting packet material.
Streets and Transportation Project Engineer McCarthy presented a PowerPoint presentation on
the Pacific Highway Project. A copy of the presentation is on file with the meeting packet
materials.
_ TIGARD CITY COUNCIL MINUTES — October 26, 2_010
City of Tigard 1Y13125 Ste"Hall Blvd.,Tigard,OR 97223 1 563-639-4171 1 wwu-.tigard-or.gov I_ Page 7 of 11
V
7. DISCUSSION TO PREPARE FOR THE NOVEMBER 16, 2010 COUNCIL
MEET"ING WITH JASON TELL, OREGON DEPARTMENT OF TRANSPORTATION
REGION 1 MANAGER
City Manager Prosser introduced this agenda item.
Jason Tell, Oregon Department of Transportation (ODOT) Region 1 Manager,will meet with
the Council on November 16, 2010 to discuss topics of mutual interest, including development
of principles of cooperation and collaboration. Staff proposes that principles of partnership be
discussed and mutually agreed upon between the City of Tigard and ODOT,which will lead to
solutions before problems occur. The Agenda Item Summary before the City Council contains
five suggested principles developed by staff. City Manager Prosser reviewed the principles.
Council discussion included the following:
• Councilor Webb referred to past discussions of the City of Tigard taking over Hall
Boulevard. She said this should still be on the agenda. Streets and Transportation
Project Engineer McCarthy noted that ODOT is willing to turn over the jurisdiction to
the City of Tigard. An inventory is underway to identify issues with Hall Boulevard to
have available when this is discussed with ODOT. IR One of the big issues is the
bridge over Fanno Creek, which is too narrow, low, and old. Councilor Webb said, and
Mayor Dirksen agreed, that ODOT might work with us to find funding for strategic
problem areas and it would be a good investment.
• Councilor Buchner referred to proposals for "backage" roads, to close driveways and to
help with efficient traffic flow. Mayor Dirksen noted that ODOT has recently begun to
address access management more aggressively. He noted the need to offer an alternative
when a driveway is closed.
• Mayor Dirksen said we would want to emphasize to ODOT that improving local roads
would take the burden from State roads; therefore,it is appropriate for State funds to be
used on local roads.
• Councilor Henderson questioned if there were things that Beaverton was doing with
respect to Hall Boulevard that Tigard could review in light of the connection between
the two cities. Streets and Transportation Senior Project Engineer McCarthy said he
believes Beaverton already has jurisdiction over their portion of Hall Boulevard. Mayor
Dirksen said he did not know if Beaverton has jurisdiction over all of Hall Boulevard
within their city limits;but they have control over most of it. Streets and Transportation
Senior Project Engineer McCarthy said he had a good meeting with ODOT staff
yesterday and they expressed their desire that Hall Boulevard no longer be a state
highway.
• Mayor Dirksen said that there is Metro proposal for the metro region that all streets and
highways would revert to the local jurisdiction where located. Under that proposal, the
portion of Pacific Highway within the City of Tigard would transfer to Tigard for
responsibility and funding.
TIGARD CITY COUNCIL MINUTES — October 2G, 2010
City of Tigard 13125 Ste-Hall Blvd.,Tigard,OR 97223 1 503-639-4171 1 www.figard-or.gov I Page 8 of 11
• Councilor Henderson asked if we would receive more gas tax revenue if we took
jurisdiction over a state highway. Mayor Dirksen and Streets and Transportation Senior
Project Engineer McCarthy said they did not believe we would receive additional gas tax
revenue. Gas tax revenue disbursement is based on population. Citi-Manager Prosser
said when the City talks with ODOT about taking over a highway, we also have to have
the conversation about the conditions under which we will assume responsibility; i.e.,
providing funds, specific improvement needed before transfer, etc.
• Councilor Buchner said a portion of Hall Boulevard travels through the Metzger area in
unincorporated Washington County. Streets and Transportation Senior Project
Engineer McCarthy reviewed the portion of Hall in and out of the City limits; the state is
looking to bring the County to the table to discuss the portion in the County. The
County has Hall Boulevard as a road that would be logical to come under County
jurisdiction. Mayor Dirksen referred to identification by the County of roads that are of
countywide significance as it relates to funding priorities.
• Council President Wilson said the approach to review principles with ODOT is a good
one. He said he hoped the principles as presented tonight are specific enough so that it
might even spark some disagreement,which would lead to good dialogue to discover
where there are philosophical differences.
• Community Development Director Bunch said the implementing actions are meant to
be built upon and inclusive. For example, we want to amend the Transportation
Planning Rule,we think the Oregon Highway Plan is too restrictive, and ODOT
standards,in some respects, do not provide for the development of an interesting,
attractive streetscape. As we continue to base our discussion on the principles,we can
challenge ODOT's and our own perceptions by referring to the details that make the
principles work.
• City Manager Prosser agreed with Council President Wilson that dialogue is needed.
ODOT and the City of Tigard have legitimately differing views. He suggested that when
we submit the principles to Mr. Tell that we invite/challenge ODOT to come up with
their own version of principles for discussion. The important outcome of the meeting
with Mr. Tell is to discuss the partnership and how it will be worked to the benefit of
both parties.
• Council President Wilson said he has visited with Mr. Tell and recounted the results of
those discussions. Having an understanding of the principles of a partnership might
facilitate resolving specific issues if each agency can understand the philosophical
underpinnings of one another. It is time to talk on a higher level about relationships.
• Mayor Dirksen suggested that"implementing actions" be in bullet form on the
document drafted by staff, so that none get lost.
• Mayor Dirksen suggested that backage roads be included under Principle No. 1.
• Mayor Dirksen suggested that the principles be discussed more than specific actions
when the City Council meets with Mr. Tell.
• City Manager Prosser suggested that the plan for discussion with Mr. Tell is to open up
the dialogue. We need to think about how to get the conversation started and then how
to proceed. He asked City Council members if this would be something for which the
TIGARD CITY COUNCIL MINUTES — October 26, 2010
City of Tigard 1 13125 Sly'Hall Blvd.,Tigard,OR 97223 1503-639-4171 1 www.tigard-or.gov I Page 9 of 11
staff should take the lead or should it be a City Council subcommittee. This could also
be a topic to discuss with Mr. Tell. City Manager Prosser noted it would be good to
contemplate what would be a good timeline to bring closure to this part of the
discussion so we could move forward to the partnership.
• City Manager Prosser and City Council discussed preparation for the meeting with Mr.
Tell and to communicate to Mr. Tell the City Council's agenda topics that they would
Eke to cover in the meeting. Streets and Transportation Senior Project Engineer
McCarthy referred to a recent meeting with ODOT staff who were willing to listen and
wanted to hear what Tigard has to say and are advocates for Tigard in "ODOT circles."
Streets and Transportation Senior Project Engineer McCarthy said the staff has been
good about bringing a perspective for fairness and helping us to understand their
organizational culture while being receptive to our reasoning.
• City Attorney Ramis suggested the principles be clearly stated so that it is not vague and
prompts conversation. If there is no disagreement or dialogue, then "you really haven't
sharpened it up enough." He cautioned against using verbs such as "balance" or
"support" or "promote" because these are too general.
• Council President Wilson added to City Attorney-Ramis' suggestion by saying we are
"not trying to make enemies" but we are trying to define the different perspectives.
• Community Development Director Bunch said staff would reword the principles with
"action words." Staff will prepare the next draft and email these to the City Council
members for review before it is forwarded to Mr. Tell.
8. COUNCIL LIAISON REPORTS:
Councilor Buehner reported that the LOC Finance and Taxation Committee met last week to
discuss updates,which are summarized in a report she sent to City Council. The majority of
the meeting was spent discussing the need to make a major policy change for LOC to begin
looking at and implementing long-term financing issues for the State. Should LOC take a
leadership role is also under consideration. LOC Board members will be invited to an
upcoming Committee meeting to weigh-in on approaches for long-term financial stability
statewide.
9. NON AGENDA ITEMS: None
10. EXECUTIVE SESSION: Not held.
9:06 p.m.
11. ADJOURNMENT
Motion by Councilor Webb, seconded by Council President Wilson, to adjourn.
TIGARD CITY COUNCIL MINUTES — October 26, 2010
City of Tigard 1 13125 SV'Hall Blvd.,Tigard,OR 97223 503-639-41?1 1 www,tigard-or.gov I Page 10 of 11
The motion was approved by a unanimous vote of City Council present.
Mayor Dirksen Yes
Council President Wilson Yes
Councilor Buchner Yes
Councilor Henderson Yes
Councilor Webb Yes
ji
C�_I d"
Catherine Wheatley, City Recorder
Attest:
N rayor, City of Tigard
Date: ( ';�)f� = C: I
TAADh11CATHYICCM120101101026 final minutes with audio files1101026 final.docx
TIGARD CITY COUNCIL MINUTES — October 2G, 2010
City of Tigard 13125 SW Hall Blvd.,Tigard,OR 97223 1 503-639-4171 1 w ww.tigard-or.go�; Page 11 of 11