CCDA Minutes - 12/15/2009 n
City of Tigard
Tigard Workshop Meeting - Minutes
TIGARD CITY COUNCIL, CITY CENTER DEVELOPMENT AGENCY AND BUDGET COMMITTEE
MEETING DATE/TIME: December 15, 2009 — *6:00 p.m. Executive Session/6:30 p.m. - Workshop
Meeting
*EXECUTIVE SESSION CONVENED AT 8:23:43 PM
MEETING LOCATION: City of Tigard—Town Hall, 13125 SW Hall Blvd.,Tigard, OR 97223
1. WORKSHOP MEETING
6:34:04 PM
1.1 Mayor Dirksen called the meeting to order.
1.2 Roll Call:
City Council present:
Name Present Absent
Mayor Dirksen ✓
Council President Wilson ✓
Councilor Buchner ✓
Councilor Henderson ✓
Councilor Webb ✓
Staff Present: City Manager Prosser, Assistant City Manager Newton, Public Works Director
Koellermeier, Redevelopment Project Manager Farrelly, Finance and Information Services
Department Director LaFrance, Assistant Finance and IT Director Smith-Wagar, Management
Analyst Wyatt, and City Recorder Wheatley.
1.3 Pledge of Allegiance
1.4 Council Communications &Liaison Reports
■ Mayor Dirksen announced he would update the City Council regarding JPACT and Federal
appropriation priorities at the next business meeting. 6:35:08 PM
1.5 Call to Council and Staff for Non-Agenda Items
6:35:24 PM
City Manager Prosser advised there would be an Executive Session later this evening at approximately
8 p.m.,which is when City Attorney Ramis is expected to arrive.
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City Center Development Agency.-
6:36:16 PM
2. JOINT MEETING OF THE CITY CENTER DEVELOPMENT AGENCY AND THE CITY CENTER
ADVISORY COMMISSION TO HEAR PRESENTATION FROM CITY OF ALBANY'S URBAN
RENEWAL MANAGER
City Center Development Agency Members Present:
Chair Dirksen
Director Buchner
Director Henderson
Director Webb
Director Wilson
City Center Advisory Commission Members Present:
Commissioner Barkley
Commissioner Hughes
Commissioner Murphy
Commissioner Shearer
Commissioner Wong
6:37:30 PM
Mayor Dirksen opened this portion of the agenda advising that he attended a presentation by the City of
Albany regarding their urban renewal efforts,which he found interesting and enlightening. The City of Tigard
has a relatively new urban renewal district whereas Albany has had their district in place and has gone through
the stage where we are now. The Mayor said because Albany dealt with similar issues coming up for Tigard that
it would be helpful for us to hear how Albany dealt with those issues.
6:38:39 PM
Redevelopment Project Manager Farrelly introduced Albany Urban Renewal Manager Kate Porche. A copy of
Ms. Porche's presentation to the City Council entitled, CARA—Central Albany Revitali.Zation Area—Presentation to
Tigard City Center Development Agency and City Center Advisory Commission December 15, 2009, is on file in the City
Recorder's office.
7:06:19 PM
Listed below are the "Takeaways" from the Albany experience:
1. Public input and collaboration is key.
2. Have a strong plan and policy to guide decision-making.
3. Use design guidelines to ensure quality projects.
4. Grants,loans, agreements —strong contracts ensure strong relationships.
7:07:09 PM
Council discussion and questions of Ms. Porche followed. Summaries of points of discussion follow.
• Corvallis is a strong competitor for Albany,which has been a challenge. Ms. Porche acknowledged
the challenges for Tigard because of our proximity to a number of other communities. She
commented the need to "reinvent yourself."
• Albany is slightly below 50,000 in population. Mayor Dirksen noted Albany is the closest City to the
same size as Tigard in Oregon. Ms. Porche noted the challenge for cities the size of Albany and
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Tigard in that"you are sort of big enough to have big city problems, but not large enough to have
some of the federal contributions available to slightly larger cities.
• Albany and Tigard have similar challenges with a major road dissecting the City. The Albany plan
has guidelines to highlight gateways and this is a component of the plan still to be implemented in
full.
• Two years ago,Albany became an Oregon Main Street. They would like to change traffic
configuration in the downtown to slow down traffic by turning one-way streets into two-way streets.
ODOT opposes this change.
• Albany has a very strong downtown association,which primarily represents the merchants. The
association has agreed to a voluntary business improvement district (a tax to fund activities). The
Chamber of Commerce also operates;however, there is a rift between those two organizations. It is
hoped that the Oregon Main Street designation will represent a way to bridge the rift.
• Ms. Porche described her position and how it has evolved. Originally, this position was filled by a
Planner;it is now stationed in the Economic Development Department. Ms. Porche reports to the
City Manager and this has benefited her. She said being separate from the Community Development
Department or the Public Works Department has allowed her to act like an ombudsman for
developers to assist them through the process and be the liaison among the other departments.
• Ms. Porche reviewed how assistance was provided to help some businesses make the transition to
locate or expand in the downtown area.
7:16:46 PM
• Commissioner Murphy noted the presence of small service businesses in the downtown and the
potential"cost of success"; that is, as property values climb,business might find they cannot afford
to operate in downtown Tigard. He asked if this occurred in Albany. Ms. Porche said they have not
had this challenge in Albany. She said she has considered the possibility and noted that what makes
downtown Albany special is the presence of the small and unique businesses. She said there is a fine
point where "you are trying to get the pendulum to swing, but you don't want it to be too far, too
successful." Some mitigation has helped small businesses located within the historic property freeze
(through the state). This has impact to the increment increase in the urban renewal area, but
Albany's board has decided it is willing to forego the increment increase allow the people to
continue with their tax freeze for historic properties, "because that's such an important part of who
we are...we wouldn't have a downtown if it were not for the existence of these historic buildings."
• In response to a question from Commissioner Shearer,Ms. Porche advised they do not have data
yet regarding the actual number of living units are in the downtown. She thinks there are about ten
units,which she acknowledged was not a"huge"number. She said there was support early on to
provide for residential units in the downtown as residents will support the businesses as they utilize
goods and services. The Fire Code changed, so sprinkler systems are required for residential units
and this has made it cost prohibitive in many cases resulting in the decline of the rehabilitation of
the second levels of buildings. Mayor Dirksen noted, and Ms. Porche confirmed, there are plans for
a high-count of number of residential units in the future. She reviewed the residential units in the
planning stages,which will be within walking distance to the downtown.
• 7:21:37 PM In response to a question from Commissioner Hughes,Ms. Porche advised the housing
needs analysis study was done by the Albany Community Development Department about five years
ago. The study indicated needs for low- and high-income housing;mid-range and first-time
homebuyers' housing needs were sufficient. Albany did a parking study. A group of people in their
community are upset about parking and believe the solution is a parking garage. Ms. Porche said she
believes there is a natural flow to the evolution of parking. First, there would be parking meters and
then once this solution is maxed out, then you would build a parking garage. The study indicated
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that the "high time" measured at 46 percent usage. Parking professionals say that the "perfect"
amount is 85-90 percent usage. There was discussion on the perception of what is adequate parking.
Some believe you should be able to park directly in front of the business you want to use while
others are accustomed to parking and walking a distance. Mayor Dirksen commented that possibly a
paradigm shift needs to take place. People walk distances within malls to visit the stores they
patronize or walk a long distance from the huge parking lots of big box stores.
• 7:24:16 PM Ms. Porche said the Main Street program has helped Albany find ways to calm the
challenges for parking through signage including"way-finding" signs;i.e., Velcome to Downtown—Free
Public Park This Vay.' At the public parking lot, there is a map of businesses and the hours of
operation.
• 7:25:02 PM Councilor Buchner commented on Tigard's situation where there might be parking
behind the building;however, these parking areas are not connected to the parking in the next
building. Ms. Porche said there are a handful of buildings in the Albany community that have small
parking lots behind. Albany also has alleys. The City of Albany owns several parking lots
downtown,which she thinks was a strategic move. Some of these lots are slated for future
development where there will be underground and above ground parking. The City of Roseburg
built a parking garage and people did not use it. Parking garages cost $30-50,000 per space to build,
maintenance is expensive and security is expense. Roseburg found they could not afford the security
and transients are living in the garage,which then means no one wants to park there at all. When it
comes to parking it is important to know where you are in the evolutionary cycle,what your needs
are, and how you can address in the "right way and the right time."
• 7:26:56 PM Councilor Buchner asked how Albany was able to acquire the areas for parking. Ms.
Porche said this occurred before she arrived and she did not know if these were originally city-
owned properties or vacant lots that the City agreed to take over. The properties were acquired long
before the urban renewal district evolved.
• 7:27:29 PM Community Development Director Bunch worked for the City of Albany in the early
1980's. The parking along the riverfront in Albany was the result of warehouse buildings burning
down in the 1920's and 1930's. The land became derelict and the City took these over because of
abandonment. The large parking lot next to the Riverfront Park pathway was once filled with
warehousing buildings, etc. because Albany was a steamboat (shipping) center. The City has
maintained these properties as parking lots,which have become great assets.
• 7:29:08 PM In response to a question from Council President Wilson,Ms. Porche reported about
how their tax increment financing has grown. She noted the creators of boundaries the urban
renewal district included significant properties:
o an industrial property that was about to come off of a tax freeze situation and
o an area near major roads where major building was about to occur
In year two,there was $450,000 a year available from the tax increment and this gave Albany a boost
to kick things off. Mayor Dirksen noted Tigard's urban renewal district is 193 acres,which is
considerably smaller than Albany's. The "frozen base" for City of Tigard's district is$69 million;
Albany's is $282 million. Ms. Porche spoke to the challenges of a way to prioritize projects to
determine the projects to do now and those to be done in five or ten years.
• 7:31:46 PM In response to a question from Councilor Buchner, Ms. Porche advised there was a
minor adjustment to the boundary of Albany's urban renewal district shortly after the district was
created.
• 7:32:20 PM Ms. Porche said with the change in Oregon law,private partnerships need to be below
$750,000; otherwise,it is considered a public project.
• 7:32:47 PM Commissioner Shearer asked about the elderly housing project. Ms. Porche said it was
a low-income housing tax credit project and was complicated. It is a limited partnership on one side
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and a non-profit on the other side. The project received $135,000 from the Urban Renewal Agency
and that money went to specific architectural details and public open space the City wanted. Private
developers funded the remainder of the project and later received the tax credits. The project is
now operated and owned by a non-profit organization. This property does not pay taxes; therefore,
there is no tax increment for the property. She referred to the dilemma of non-profit projects or
projects that qualify for a historic tax freeze and to coming up with a policy if the value of these
projects is less to the District.
• 7:34:58 PM Ms. Porche spoke to the difficult determining the "right mix" for developing
properties. This has represented a challenge when attempting to create overall policies.
• 7:35:22 PM In response to a question from Commissioner Hughes,Ms. Porche noted there was a
bond early in the District's history for a streetscape. Recently Albany worked with a financial
advisor because urban renewal bonds are more complex than the traditional municipal borrowings.
They did a tax-exempt and a taxable bond. She talked about establishing a line of credit, but they
did not draw from it so it was rescinded. They have applied for a new line of credit for$5 million
(two-year term). This is a good time to borrow money and the rate for the new line of credit is 2
percent. The bank they are working with is flexible and will allow them to draw for a tax-exempt or
a taxable bond.
• 7:38:33 PM Ms.Porche advised that Albany would be glad to set up a tour of their District.
7:398:01 PM
City Council/Budget Committee:
3. UPDATE THE BUDGET COMMITTEE ON THE CITY'S YEAR-TO-DATE FINANCIAL PICTURE
• Citizen Budget Committee members present: Goodrich, Struck, Parker and Alternate Committee Member
Moghimian.
Finance and Information Services Department Director LaFrance introduced this agenda item.
7:40:57 PM
Finance and Information Services Department Director LaFrance asked the citizen members of the Budget
Committee if they had any suggestions for the upcoming City Council goal-setting meeting.
Committee member Bailey sent an email to Finance and Information Services Department Director LaFrance
suggesting a goal that Tigard should remain flexible to changes and costs and needs where possible; that is, to
remain as fiscally nimble as much as possible.
7:44:41 PM
Committee Member Goodrich said Tigard is in a good position compared to some of the other communities.
He said it would be wise for the City to continue with current fiscal policy while maintaining infrastructure so
that as the economy recovers,we will be in a position to see development for the downtown renewal area.
7:46:27 PM
Committee Member Struck noted a great number of commercial vacancies in our community. She would like
to see some thought into drawing new businesses to Tigard to occupy these empty buildings.
7:46:59 PM
Committee Member Parker said he would like to see his City Council embrace the business community by
being more involved, attentive, or participatory. He said he has served on a couple of city committees and he
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has noticed there are no Tigard business owners serving on these committees. This seems like it would be
beneficial for the City to learn what business owners need.
7:48:04 PM
Finance and Information Services Department Director LaFrance summarized the comments by the
Committee Members regarding suggestions for City Council goal areas:
• Developing the downtown. The individuals serving on the Tigard Budget Committee also serve on the City
Center Development Agency Budget Committee.
• Maintaining the City's infrastructure.
• Provide incentives to businesses to fill vacant storefronts.
• Embracing the business community.
7:48:52 PM
Committee Member Struck said she thinks the City Council has done a good job of spending the tax dollars
wisely and are conservative. We are ahead of the communities that surround us and she would like us to
continue this conservative,responsible course.
7:49:27 PM
Council President Wilson noted that everything we do has some kind of financial component. As City Council
members, they cannot launch into new projects without preplanning and going through the Budget Committee.
He encouraged the Budget Committee citizen members to think broader than the current budget.
7:50:47 PM
Councilor Buchner noted the difficulty to come up with money to do a variety of projects. She asked the
Committee to try to think of ideas about how we could adjust the budget so we could add some other projects.
Councilor Buchner confirmed for Committee Member Struck that the City Council has a priority list of
projects. She gave an example of a City Center Advisory Commission proposal for a facade grant program. It
has been difficult to come up with money to support this program.
7:53:23 PM
Finance and Information Services Department Director LaFrance said in the 2009 City Council goals, there is a
five-year goal to develop a long-term financial strategy. He asked if this was something the Budget Committee
members feel should be moved forward and should there be direction about how to develop the strategy?
Budget Committee Parker suggested an approach that uses data from today's economy. He offered that this
goal might be better to be pushed off for a couple of years to wait for the economy to settle down. Mayor
Dirksen agreed with Committee Member Parker. When this goal was established, the City Council was not sure
how they could address it. The economic situation has made this more difficult. Mayor Dirksen said some of
what is going to happen in the future is beyond our control;outcomes will be affected by decisions of the State
Legislature. For traditional funding sources, there are limitations placed on us by Measure 5 and Measure 50,
which have long-term, negative impacts on Oregon cities. He suggested we might want to try to influence our
representatives in Salem and encourage them to address these issues at the State level.
7:56:12 PM
Budget Committee Member Goodrich agreed we should work with the State as well as the County and Metro.
Someone from the City should be involved in these organizations so "we are in the mix and in the planning."
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7:56:45 PM
Councilor Buchner referred to the recent change in the Mayor's responsibilities, this has allowed the Mayor to
become an active member and participant in committees that meet during the day. This change has already
paid off for Tigard.
7:57:31 PM
City Manager Prosser explained that the City Council will be meeting in a goal-setting session in one week. He
requested that Finance and Information Services Department Director LaFrance summarize the goal
suggestions, send them to the Citizen Budget Committee members so they can review in time for staff to
finalize the goals and submit them to the City Council by Friday.
7:58:12 PM
Budget Forecast
Finance and Information Services Department Director LaFrance said we are taking a different approach for
the forecast. The purpose of the forecast is to take today's conditions for policies and programs and,if nothing
else changes, to move that information forward with known changes and assumptions and determine from that
what the financial picture looks like. From this we can set the baseline to determine available resources for
other programs and policy changes. In addition, we can ascertain our constraints to make policy changes that
might require a lower level of service because we do not have resources or where we might seek additional
resources. The forecast allows us to "frame the discussion." In prior years, we forecasted our needs; aka a
"wish list" for additional staffing presuming a change because the City Council made a decision to approve the
additional staff The process now shows:
■ Existing staff
■ Existing programs
■ What resources are available
Finance and Information Services Department Director LaFrance said the general approach has been to review
things such as the CPI,gross domestic products,unemployment, and area housing starts to determine the state
of the economy. There is in general agreement in the economic community that we are somewhere in the
trough of our recession. There is also general agreement that to get to the economic conditions that we had
before the recession will be a longer, slower recovery than experienced in prior recessions. We are looking at
about a three-to six-year time horizon for a recovery.
Finance is preparing the first numbers for the forecast from indices prepared using the assumptions listed
above. The departments will then look at the forecast to weigh-in on where it makes sense and where they have
input that could affect the numbers. The real work will be through those department discussions and the
foundation for the budget and policy decisions.
8:03:22 PM
Councilor Buchner noted we will be looking at budgeting for next fiscal year within four months. She asked
Finance and Information Services Department Director LaFrance if we might know more about where we are
in the recession's trough by then? Finance and Information Services Department Director LaFrance said that
as we get further along,we will have a better idea of where we are. Some indicators show we are beginning the
climb out of the recession while others disagree. As we get more of a preponderance of indicators that point in
the same direction,we will have a better idea. At this time,it is a"fairly mixed bag."
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8:04:33 PM
Finance and Information Services Department Director LaFrance reviewed the status of the following for the
current fiscal year:
■ Property tax collections — our largest revenue. We have received from Washington
County six turnovers of our property tax. Last year after we have had six turnovers of
our property tax, we were at 91 percent of our total collections. This year we have
received $11.5 million of property tax revenue (General Fund and Library General
Obligation Bond). Last year we also received an additional $1,060,000 for the
remainder of the year in the rest of the turnovers. To meet our budget amount, we
need to receive another$1.1 million. The basic message: Ve are on track witb ourpropery
tax collections as to wbat we budgeted and forecasted. Finance and Information Services
Department Director LaFrance explained the budget was based on a 93 percent
collection rate (historically the collection has been about 94 percent). We received
information from Washington County that it might be a little bit less than average due
to the economy. If we have a lower collection rate,in future years it will increase our
prior year collections. Eventually the money does come. We will use the 93 percent
collection rate assumption for next fiscal year. Washington County has possibly the
highest collection rate in the State of Oregon.
■ Key funds. We did not find any funds in our key funds where the amount spent against
budget was alarming. We are 42 percent of the way through budget year. November
closed with
• 37 percent spent from the General Fund of our budget
• 19 percent spent from the Gas Tax Fund (because Burnham Street is just
starting)
• 39 percent spent from the Building Fund. Revenues for permits are at 46
percent of budgeted collection rate (at 42 percent of the way through the year).
With the General Fund support approved by the Budget Committee for this
year, the revenues in that fund exceed the expenses by about $65,000.
However, Finance and Information Services Department Director LaFrance
cautioned we are at that time of year where building usually is slow and he
expects this to be"tailing in closer" to the budget.
Overall,we seem to be on track when comparing the key funds against the budget.
■ Street Maintenance Fee process. Last week, the City Council approved the changes to
the Street Maintenance Fee. There will be an additional change to be reviewed by the
City Council regarding the appeals process. Councilor Buchner noted the start date for
the new Street Maintenance Fees was changed. Finance and Information Services
Department Director LaFrance will be preparing an analysis to show the effect of the
start date change. The general result of the new Street Maintenance Fee process is that
the fees will increase. The fees are about triple and will be phased-in over a three-year
period. Implementation was delayed to July 2010. The average resident will be paying
$72 per year instead of$30 per year at the end of the three-year phase-in.
8:10:52 PM
Finance and Information Services Department Director LaFrance advised a Supplemental Budget Hearing is
scheduled for January 12. We have items that need to be carried from the prior budget because we now have
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information we did not have at the time of budget approval. We have ARRA funding, which needs to be
appropriated. We also have changes associated with the Engineering performance review and because we
approve the budget on a program level the budget needs to reflect we are moving Engineering from the
Community Development Department to the Public Works Department. There are a couple of "clean up"
issues that will be part of the Supplemental Budget hearing.
8:11:59 PM
Assistant Finance and IT Director Smith-Wagar reported on the status of the audit. The auditors do
preliminary work in May and return in the fall after the fiscal year has ended to wrap up. Our auditors were
here for a couple of days in November and were also here last week. The auditors have completed their
fieldwork. They review items such as our internal controls to determine if there is adequate separation of
duties. Overall, the audit went well. Each year, they select different items to review. Under auditing standards
they have to change the items they review from year-to-year. Some items are always reviewed (cash,liabilities).
The auditors reviewed customer deposits. We have done a good job of refunding developer's deposits but we
are not as good at tracking those instances where the developer has not done a good job so the City has had to
do the work and the deposits under these circumstances should have become revenue. The money sits in
liability accounts and should be changing over to revenue in a more timely manner. We will likely see a
management letter comment from the auditors regarding this matter.
The Comprehensive Annual Financial Report is about 75 percent complete. Assistant Finance and IT Director
Smith-Wagar anticipates it will be finished in about two weeks.
In response to a comment by Mayor Dirksen, Assistant Finance and IT Director Smith-Wagar agreed that we
have been conservative with regard to the customer deposits and transferring the funds to revenue. There will
be about a$200,000 adjustment to revenues this year.
Assistant Finance and IT Director Smith-Wagar confirmed for Councilor Buehner that there were no major
issues identified by the auditors.
8:16:37 PM
Finance and Information Services Department Director LaFrance advised another quarterly meeting of the
Budget Committee is scheduled for March 16. The Budget approval process is scheduled for Mondays
beginning April 12 for three weeks with a fourth Monday reserved for a meeting if needed.
Finance and Information Services Department Director LaFrance advised Councilor Buchner that the election
of the Chair will occur at the first Budget-approval meeting.
8:17:46 PM
City Center DevelopmentAgency/City Center DevelopmentAgency Budget Committee:
4. UPDATE THE CITY CENTER DEVELOPMENT AGENCY BUDGET COMMITTEE ON THE
AGENCY'S YEAR-TO-DATE FINANCIAL PICTURE
• City Center Development Agency Budget Committee Members present: Committee members Dirksen,
Wilson, Buchner, Henderson, Webb, Goodrich, Struck, Parker and Alternate Committee Member
Moghimian.
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Finance and Information Services Department Director LaFrance advised the forecasting process will be the
same for the CCDA as it is for the City of Tigard.
8:18:57 PM
Finance and Information Services Department Director LaFrance said we expect collections from property tax
to be $177,004. We have already collected $229,500; therefore, we will be looking at a collection of roughly
$250,000 within the Urban Renewal District. In talking with Washington County, the unanticipated collection
amount was because there was a large increase in the assessed value for utilities relating to activity by Verizon.
This is a temporary item. We will have an additional$75,000 to appropriate.
8:20:39 PM
There are two funds for the City Center Development Agency. The Capital Project Fund is 18 percent spent.
There has been $19,000 in projects carried over from the prior year: the Downtown Circulation Plan and the
Tigard Transit Redevelopment. The budget for these two items is $27,967. The debt service fund has no
dollars for budgeted expenses. The audit of prior financials occurs at the same time as the City audit.
8:21:49 PM
In response to a question from Councilor Buchner, Finance and Information Services Department Director
LaFrance advised that no dollars will be going toward the Burnham Street Budget. Next year, there will be
some funds going toward this project.
8:23:43 PM
The City Council met in Executive Session. City Manager Prosser announced the citation under which the
Executive Session was being called:
The Tigard City Council went into Executive Session under ORS 192.660(2) (f) and (h) to discuss exempt
public records and consult with legal counsel regarding litigation likely to be filed.
Executive Session concluded at 8:55 p.m.
8:59:47 PM
City Council meeting reconvened.
5. BRIEFING NO. 4 ON THE TIGARD TRANSPORTATION SYSTEM PLAN UPDATE
Senior Planner Wyss presented the staff report. The consultants have completed their work on the Systems
Solutions Report and we have a draft version of an updated Transportation System Plan.
The Citizen Advisory Committee and the Technical Advisory Committee will meet December 16, 2009 to
review the document for consistency with previous discussions and other transportation plans. After the edits
have occurred the draft version of the Transportation System Plan will be made available to the community.
The City will take comments on the draft throughout January 2010. Individual meetings with City Council
members will be coordinated through the City Manager's office.
There will be a Community Open House on January 27 to discuss the projects with staff. After receiving all
feedback, changes will be made and a final draft completed in early February. The final draft will be distributed
to the Planning Commission and City Council about a month before a March meeting where the consultant will
present an adoption-ready draft to go through the adoption process in the late spring of 2010.
9:04:21 PM
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Council President Wilson said he hoped that the students working on 99W plans would be looking at backage
roads. Would those types of plans be considered in the Transportation System Plan? Senior Planner Wyss said
they would be considered. If these types of plans are not shown in the first round, then Senior Planner Wyss
suggested an opportunity would then be had when the High Capacity Transit Study is done.
9:05:06 PM
Mayor Dirksen referred to the current economic situation. He said it looks as if the draft document would
stand well with the exception of the Transportation Financing Analysis. He asked for a summary of the criteria
used for this Analysis. Senior Planner Wyss said the Finance Department identified the current funding sources
for transportation projects in the City and made a projection over the next 20 years. The Consultants broke
that information down by what is used for operations and maintenance and what would be used for capital
projects. The number came out to $55 million to be anticipated to be available in the next 20 years for capital
projects. This information was used to prioritize the high, medium and low priority projects. The high priority
projects would fit within the $55 million projection. If there are partnerships with other jurisdictions on
projects, then the funding would shift. Mayor Dirksen said that the more we show we are able and willing to
help fund projects with other jurisdictions seems to help free up dollars from those sources. Senior Planner
Wyss confirmed a statement by Council President Wilson that if a project is not on our plans or regional plans,
then the project is not eligible for funding.
9:08:25 PM
6. SECOND WORKSHOP ON DOWNTOWN CODE AMENDMENTS
Redevelopment Project Manager Farrelly presented the staff report. A copy of the PowerPoint presentation is
on file in the City Recorder's office.
This item was discussed at the October 20, 2010, City Council workshop meeting Since then staff has engaged
in discussions with Oregon Department of Transportation (ODOT) regarding how to address the
Transportation Planning Rule. ODOT was concerned about the Hall and 99W subarea. Staff had proposed
allowing up to eight stories of mixed uses. ODOT said this would negatively affect their facilities. Staff
reviewed information with ODOT showing expected square footage that could be developed under the new
Code and trips that could be generated, there was evidence that there could be "quite an impact" on ODOT's
facilities. For the time being, staff decided to leave the existing height limits in place. He reviewed maps
(PowerPoint presentation) that showed the original proposal and the new proposal. ODOT indicated they
would work with the City through this 99W corridor land use plan and said that high-capacity transit in the
corridor would change the equation. If Hall and 99W (or in the vicinity) becomes a station area for high-
capacity transit,then the City could go ahead with the scale of development we originally proposed.
In response to a question from Councilor Buchner, Redevelopment Project Manager Farrelly said the land use
study for high-capacity transit in the corridor will be completed in about a year. He said he could ask ODOT to
memorialize in writing their willingness to revisit the plans for the area if high-capacity transit is added to the
area. Mayor Dirksen said ODOT representatives have made statements at public meetings regarding revisiting
the plans so it is also a matter of public record.
9:13:44 PM
Redevelopment Project Manager Farrelly said that because of the proposed change to the Code, another
hearing will be held before the Planning Commission on December 7. Planning Commission unanimously
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recommended approval. The City Council public hearing is scheduled for January 26, 2010, which will be
preceded by a discussion at the January 19,2010 City Council workshop meeting.
Redevelopment Project Manager Farrelly referred to a slide in the PowerPoint presentation showing the new
maximum building heights in different subareas. He referred to a slide showing the proposal to change the
signage to allow signs to rise up to 2 feet above the roof/canopy. Council members indicated this change could
be added to the proposed Code amendment. Mayor Dirksen suggested that such a sign be allowed only on
one-story buildings and after brief discussion there was agreement among the City Council members on this
suggestion.
9:19:21 PM
Redevelopment Project Manager Farrelly,in response to a question from Council President Wilson, said he has
heard discussion that some jurisdictions, Metro, and the LCD will be working with ODOT on the
Transportation Planning Rule issues. Council President Wilson pointed out how the Transportation Planning
Rule reinforces the status quo; i.e., downtown Portland has the 200-foot limits, which translates that all
supporting infrastructure goes to support downtown Portland. We want to do something different.
9:20:40 PM
Councilor Buchner asked about areas that might include residential; i.e., where the Joanne's store and Russ
Chevrolet are now located. Redevelopment Project Manager Farrelly said with a three-story limit, it would be
unlikely to get the ability for the type of mixed use that would include residential. With the high visibility of this
intersection, Redevelopment Project Manager Farrelly said it would likely remain retail oriented.
Redevelopment Project Manager Farrelly also noted there were comments of concern about an area showing 80
units per acre;however,this is for a transit-oriented development purpose.
9:23:09 PM
Taller structures to be used for residential is a long-term concept for the City of Tigard.
9:23:50 PM
In response to a question from Councilor Buchner,Redevelopment Project Manager Farrelly said it is
possible that some of the 2nd floors on existing buildings in downtown could be refurbished for other uses.
9:25:09 PM
Councilor Henderson asked a question about how the height is measured, noting a topography circumstance
behind Russ Chevrolet,which is a steep grade. Mayor Dirksen said the issue limiting us is ODOT's concern
with the number of stories of the building and the number of trips generated.
9:26:51 PM
7. PROVIDE UPDATE ON FEBRUARY,2010 SPECIAL LEGISLATIVE SESSION
Assistant City Manager Newton and Management Analyst Wyatt presented information to the City Council on
this agenda item.
Assistant City Manager Newton reviewed the priorities from last Session. A summary is included in the City
Council packet materials on file in the City Recorder's office.
Management Analyst Wyatt reviewed information about the February Legislative Session:
• Session will start on February 1. Each legislator can introduce one priority bill.
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• Measure 66 and 67 election results Qanuary 26)will determine the scope of what is reviewed during the
session.
• One topic that might be introduced is for tracking devices to be required for hikers.
• He asked if City Council members heard anything relating to the legislative session,to let staff know and
staff will track. City Council will receive regular updates on the bills being tracked.
Management Analyst Wyatt responded to a question from Councilor Buchner advising Tigard staff and
Washington County staff are following federal transportation-related issues. Updates are also received
from the League of Oregon Cities. Councilor Buchner asked for regular updates.
In response to a question from Assistant City Manager Newton, Councilor Webb suggested that the session
will be short and activity will need to be monitored by staff. Assistant City Manager Newton said there
might be some collective bargaining issues introduced.
Management Analyst Wyatt said there is a list online showing what cuts will need to be made if Measures 66
and 67 do not pass in January. Not many on this list relate directly to cities, but there will be some impact if
these measures are turned down. There is a potential that cities could lose the state revenue sharing funds
they now receive.
8. ADJOURNMENT
9:35:33 PM
Motion by Councilor Webb, seconded by Council President Wilson,to adjourn.
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
/s/ Catherine Wheatley
Catherine Wheatley, City Recorder
Attest:
/s/ Craig Dirksen
Mayor, City of Tigard
Date: April 15, 2010
L•\ADM\CATHY\CCM\2009\091215 final.doc
TIGARD CITY COUNCIL CCDA& BUDGET COMMITTEE MINUTES—DECEMBER 15, 2009
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13
Agenda Item No. V
Meeting of M.? 1 D
041 City of Tigard
Tigard Goal Setting Meeting Minutes
TIGARD CITY COUNCIL
MEETING DATE/TIME: December 22, 2009; 1 p.m.
MEETING LOCATION: City of Tigard— Fanno Creel: House, 13335 SW Hall Boulevard
I. Call to Order and Roll Call
• Mayor Dirksen called the meeting to order at 1:05 p.m.
Present: Mayor Dirkscn, Council President Wilson, Councilor Buchner, Councilor Henderson, and
Councilor Webb.
Staff Present: City Manager Prosser,Assistant City Manager Newton, Public Works Director Koellermeier,
Finance and Information Sei�rices Department Director LaFrance, Streets and
Transportation Senior Project Engineer McCarthy, City Recorder Wheatley
II. Goal Setting Discussion
City Council members discussed how to approach the goal setting and reviewed some of the major issues
coining up: urban reserves, land use regulations/design for the downtown, and continue to work with the
Iegislat-ure. City Council members reviewed the status of the 2009 City Council goals.
City Attorney Ramis arrived at 1:25 p.m.
• EXECUTIVE SESSION: The Tigard City Council went go into Executive Session at 1:30 p.in. under ORS
192.660(2) and (ln) to consult with legal counsel regarding litigation likely to be filed.
City Council goal setting meeting reconvened at 2:35 p.m.
The preluninary draft of the City Council 2010 goals, five-year Council goals,long-term Council goals, and a
list of 2010 tasks is attached. Council will review the draft goals on January 5 with final adoption scheduled
for January 12, 2010. Discussion points included the following:
• Establish long-term and short-term goals.
■ Financial strategies plan is something that can be started, but will not be completed this year.
• Focus on implementation of the Comprehensive Plan.
■ Update Transportation System Plan and area plans, i.e., Triangle, 99W corridor, etc.)
■ Urban and rural reserves process for the City should be completed in January.
• Tree Code will need updating.
■ Continue to promote and plan for 99W light rail.
■ Downtown focus to include developer outreach/recruitment.
h ■ Downtown circulation Plan will be adopted.
■ Consider a parks mond 2010.
■ WCCLS and public safety levy will be before voters in 2010.
TIGARD CITY COUNCIL GOAL SETTING MEETING MINUTES —DECEMBER 22, 2009
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■ Take communication methods to a higher level to convey city values and "telling our story," Talked of
lobbying efforts, a marketing package and thinking of Tigard within the context of the region.
■ Discussed the possibility of a public information officer.
■ Focus on a common message and approach. Communication is part of every City employee's
responsibility.
■ In-house graphics are high quality at this time.
■ Consider setting aside money for contract assistance; i.e., $15,000 to polish and translate information to
"get the word out."
■ Cited the Burnham Street advertisements as a good example of communication efforts so that the
community is aware businesses are accessible during construction. Mayor Dirk-sen suggested businesses
be listed by name.
■ Councilor Henderson suggested outreach to citizens begin regarding the longer-terin goal of the Ash
Street connection. The circulation plan might include "backage" roads to 99W.
• Councilor Henderson referred to properties that are in prime locations that should be promoted; i.e.,
former Wendy's Restaurant and New York, New York Restaurant. City Manager Prosser commented
on timing concerns; that is, if there is no plan in place, then it is likely the will just get "more of the
same." Discussed the need for a balance for immediate action versus doing it the right way.
■ Perhaps a segment of 99W could become another urban renewal district. Suggestion for the five-year
plan: Explore 99W urban renewal district.
■ Council President Wilson talked of the work being done by the students for highway 99W. He noted
his Hope that the results would inspire enthusiasm. restricting driveways, alternative backage roads,
rezoning - a plan for 30-50 years redevelopment - "Parkway 99W." He said it would be good if the
students presented some radically different alternatives.
• Gas tax - after completion of the Greenburg Road intersection, consider another project. Solicit input
from in the City's Neighborhood Network.
• City Manager Prosser referred to the aquatic district activities,which will require staff time. This is not a
City Council goal but will need attention;i.e., might be addressed through a City policy.
• Councilor Henderson referred to a potential park bond in 2010. Discussion followed on the need to
determine when and if this matter should go forward to the voters. Councilor Webb suggested securing
options on land until decisions could be made. A special work session will be scheduled with the Park
and Recreation Advisory Board.
Meeting recessed: 3:55 p.m.
Meeting reconvened: 4:08 p.m.
• City Manager Prosser and City Council members refined the draft list of goals (see attached).
III. Adjournment: 4:35 p.m.
1,0 a
Tl
erine theatley, City Recorder
Attest:
Mayor, City of Tigard
Date: -/. / 3, ) 0
1:\ADbt\CPCC1]Y\CChi\2()09\0912?2 Goal Sctting.doc
TIGARD CITY COUNCIL GOAL SETTING MEETING MINUTES -DECEMBER 22, 2009
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Attachment to
December 22, 2009
City Council Goal Setting Miulutes
DRAFT
On December 22, 2009, the City Coundl met to set its goals,for the comingyear. Thase goals repnsent
tlfose iteufs tlfat the CoundI.feels deserve special attention in.the months ahead The Gy will acconrplirh
vetch more than what is listed here, but we ident4y these to be fpatticidar impartdace to ofir residents.
2010 Council Goals
1. Implement Comprehensive Plan
a. Complete the Transportation System Plan (TSP) and begin area plans (Tigard
Triangle, 99W Corridor, etc)
b. Update Tree Code
c. Continue to promote plan for 99W Light Rail
2. Implement Downtown Urban Renewal
a. Initiate developer outreach/recruitment
b. Adopt Downtown Circulation Plan
3. Strategize with Park and Recreation Advisory Board on a 2010 Parks Bond
a. Decide whether to return to ballot and,if so,when
b. Develop land acquisition strategies (potential options to purchase, etc)
4. Advance Methods of Communication
a. Support strategic clarity/City values initiative (Do the right thing Respect and care;
Get it done)
b. Develop communication tools to tell out story and support City goals
5. Support 2010 Washington County Cooperative Library System (WCCLS) and Public Safety
Levies
Five-Year Council.Goals
• Obtain Ash Street railroad crossing in downtown
• Explore 99W Urban.Renewal District
• Continue to support the Legislature in addressing the financial needs of state and local
governments in Oregon
• Develop long-term financial strategy
• Start implementing plan for City facility needs
• Develop Sustainability Plan
Lang-Tenn Council Goals
• Continue pursuing opportunities to reduce traffic congestion
• Continue implementing Downtown Urban Renewal Plan
• Continue to monitor the Tigard/Lake Oswego Water Partnership
2010 Tasks to be Accomplished:
4. Kim: Downtown Ads—List businesses by name
2. Downtown Parking& Circulation Plan and Downtown Code (tools to achieve
common parking)
3. One-Way Street between Wendy's and NYNY—"fix"
4. U of O 99W—Radically different alternatives so people react
Yf�l
fi
(Residential/Comnmercial/BIvd like Champs-Elysecs)
5. Hour to use CP04T?—Plan
G. Aquatic District Gap Funding
7. Council Workshop to Define Sustainability Goals
i:\ADM\Citj Cnun6I\G0h-E3\2010\Council Guxls 2010.doc
i
Us F.I
City of Tigard
Tigard Business Meeting - Minutes
TIGARD CITY COUNCIL
LOCAL CONTRACT REVIEW BOARD (LCRB)
MEETING DATE/TIME: January 12,2010—6:30 p.m. Study Session; 7:30 p.m.Business Meeting
MEETING LOCATION: City of Tigard—Town Hall, 13125 SW Hall Blvd.,Tigard, OR 97223
• STUDY SESSION
Council Present: Councilor Webb, Council President Wilson,Mayor Dirksen,
Councilor Buchner, and Councilor Henderson
Staff Present: City Manager Prosser,Assistant City Manager Newton,Risk Manager Mills,
Community Development Manager Bunch,Associate Planner Floyd, Redevelopment
Project Manager Farrelly, Finance and Information Services Director LaFrance, Senior
Management Analyst Barrett, City Attorney Ramis and Deputy City Recorder Krager. Public
Works Director Koellermeier arrived at 6:40 p.m.
At 6:30 PM Mayor Dirksen called the Study Session to order. He announced that the Executive
Session would be held at the end of the Study Session.
o Preview Planning Commission's Suggestions for Discussion Topics for the
January 19 Joint Meeting with the City Council
Associate Planner Floyd said Council is holding a joint meeting with the Planning
Commission at next week's Workshop Meeting to discuss pending changes to Tigard's
tree protection ordinance. He said the Planning Commission developed a list of topics
to focus the conversation. The topics reflect feedback received both from Council and
the Planning Commission. He asked if Council had any questions.
Mayor Dirksen asked if Council had reviewed the questions and they indicated that they did.
Councilor Buchner asked Associate Planner Floyd to clarify that the discussion would be
limited to the tree ordinance and tree protection related topics. He said the discussion was
open to whatever Council wanted to talk about but it would be most useful to confine the
conversation to tree related issues for this meeting
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o Discuss Local Contract Review Board (LCRB) Policies and Procedures—
Financial and Information Technology Department and City Attorney Ramis
City Manager Prosser said this topic is a follow up to an inquiry from Councilor
Henderson on the policies and procedures of the LCRB. He said Finance and
Information Services Department Director LaFrance, Senior Management Analyst
Barrett and City Attorney Ramis were here to address any questions.
Senior Management Analyst Barrett discussed his handout to Council which was a
memo of questions and answers about the LCRB. He said the memo was designed to
describe the makeup, roles and responsibilities as set forth the by Oregon statues and
Tigard Municipal Code.
Councilor Henderson said he had reviewed the information provided but wanted to
know if Mr. Barrett's position was long-standing or new?Mr. Barrett replied that it was
long-standing and although he went through a two-year phase where he was combined
with another program he was focusing on this entirely.
Councilor Henderson asked Mr. Barrett to describe his typical day. Mr. Barrett said his
main focus is working with various City departments on their purchasing requirements.
He takes a scope of work and makes it fit with the City's policies and regulations. He
said the City's Invitations to Bid and Requests for Proposal forms are reviewed by the
City Attorney to ensure they meet legal requirements. He said he incorporates those
requirements into what staff needs.
Councilor Henderson said, "We are the LCRB; how are you our brother,here?"
Mr. Barrett said under the definition of the LCRB, Council collectively has assigned a
certain dollar threshold where staff can go about their daily business and get things done.
Anything above that threshold will go to the LCRB for authorization before itis let. He
said he developed the public contracting rules and then they go to City Manager Prosser
for his approval then he brings them to Council for their approval. He noted that there
is also an annual audit and if anything slips by him it will be caught in the audit.
Councilor Henderson asked about the Burnham Street bids coming in so much lower
than the estimate, saying, "How did you feel about that?" Senior Management Analyst
Barrett said, "The Burnham Street bid shocked everybody." He said discussions with
contractors indicated that the market is very hungry and contractors are doing whatever
they can to undercut the competition and get the job, and then mark it up through
change orders so another function he has to do is work with project managers to track
change orders.
Council President Wilson mentioned that one thing he's been concerned with over the
years is consultant fees, such as for engineers on big public works contracts being done
only with hourly rates. He said the private sector almost always quotes fixed fees and he
does not buy the argument that a street project is more complicated than a high-rise
building. He referred to a recent project involving an engineer on a project the City did
with ODOT and said, "We probably paid more than we should have."
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Senior Management Analyst Barrett said, "We define change orders differently than
amendments." Council President Wilson said he understood that,but ODOT and outside
consultants don't care how many hours are spent,just the hourly rate.
City Manager Prosser stated that if there is ODOT money involved,all purchasing is done
through them. He referred to consultants and said when using state money for engineers
and architects, for example, state law says you cannot look at the price. It is qualification-
based. He said when the City built the library,they couldn't look at the price for the
architect;it was state law to use qualification-based solicitation.
Councilor Henderson asked if the LCRB see this all the way through to the final contract.
Senior Management Analyst Barrett said standard municipal practice is that the LCRB
approves the contract award and authorizes the City Manager to execute it. He noted that
staff used to provide Council with copies of the entire contract but they later chose not to
get the entire file because of the huge volume of paper.He said the details are listed on the
Agenda Item Summary. City Attorney Ramis said that once the bids are open it is a public
record and anyone who wants to can view the entire file.He said,"It is a question of
managing how much paper you want and if individual Councilors want more we could
certainly provide it."
Councilor Henderson asked about the process for approving change orders. City Attorney
Ramis said they are authorized by the contract unless they are for something outside the
contract. City Manager Prosser said there are also standards for amendments within the
purchasing rule about the magnitude not just with a single amendment,but with a
cumulative amount and Mr. Barrett tracks that If it reaches a certain amount it has to come
back to Council.
Councilor Henderson asked Mr. Barrett if he felt he gets enough information to make
logical choices. Senior Management Analyst Barrett said he does and the City has taken the
appropriate steps to provide a lot of stop-gaps between initiation and before Council sees it.
City Manager Prosser said, "We have to follow the Attorney General's purchasing rules
unless we adopt our own rules. The City of Tigard's approval dollar levels are more
conservative than the Attorney General's." Mr.Barrett said the City's purchasing and
contracting process is completely transparent and everything is public record,even down to
the post-it notes used in a review. Everything is posted on the website.
Councilor Henderson asked if bid specifications are reviewed by Council. Mayor
Dirksen said that would be too onerous,as a lot of information already comes to Council for
meeting preparation. He said Council needs to trust staff.
Councilor Henderson asked, "What is the purpose of the Local Contract Review Board,
then?" Mayor Dirksen replied that it provides citizen oversight on contracting procedures.
He said the information gets easier to digest once you've been on the Council a few years.
Councilor Buchner added that the rules are a lot tighter with government purchasing and
contracting than in the private sector.
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o Administrative Items
Four Council members are attending the National League of Cities Conference so there
is no quorum for the March 16 Workshop Meeting. It was rescheduled to March 30,
2010.
Council President Wilson said he would be unavailable during the week of spring break,
March 22-25, 2010.
Council discussed going to Eugene to see their rapid bus system. Mayor Dirksen urged
Council to keep an open mind and consider all high capacity transportation modes. It
was decided to wait until later in spring (after the National League of Cities Conference).
Councilors Webb and Henderson and Mayor Dirksen are interested in going.
• EXECUTIVE SESSION
At 7:12 PM City Manager Prosser announced that the Tigard City Council would enter
into an Executive Session to discuss real property transaction negotiations under ORS
192.660(2) (e). The Executive Session ended at 7:27 PM. Mayor Dirksen called a recess
until the Business Meeting.
1. BUSINESS MEETING
1.1 At 7:35:22 PM Mayor Dirksen called the City Council and Local Contract Review
Board meeting to order.
1.2 Deputy Recorder Krager called the roll.
Present Absent
Councilor Webb ✓
Council President Wilson ✓
Councilor Buchner ✓
Mayor Dirksen ✓
Councilor Henderson ✓
1.3 Pledge of Allegiance
1.4 Council Communications&Liaison Reports -none
1.5 Call to Council and Staff for Non-Agenda Items-none
2. CITIZEN COMMUNICATION
• Tigard Chamber of Commerce Chief Executive Officer Debi Mollahan gave an update
on recent Chamber of Commerce activities. Their holiday luncheon,a major fundraiser for the
Chamber's Ambassador Program was well attended. The Chamber is kicking off a membership
drive starting January 21,2010,with an open house from 5-7 PM. More information is
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available at www.tigardchamber.org or by calling 503-639-1656. She said the Shining Stars
Community Awards Program will be held March 5 from 6-9 PM at the Embassy Suites.
• Follow-up to Previous Citizen Communication — City Manager Prosser gave some
follow-up from the last business meeting. Mr.John Frewing had requested information from
the City in August regarding Clean Water Services standards and how they fit with the City's
development standards. City Manager Prosser said the City is researching and preparing a
response.
• Citizen Communications Sign Up Sheet—No one signed up to speak.
3. CONSENT AGENDA: Mayor Dirksen said these items are considered routine and may be
enacted in one motion without separate discussion. He read through the consent agenda items
and asked Council if any Member wanted to consider an item separately. No one did.
3.1 Approve Council Minutes for December 8,2009
3.2 Receive and File:
a. Council Calendar
b. Tentative Agenda
3.3 Approve Amendment to Intergovernmental Agreement with the Tigard-Tualatin
School District for the City of Tigard's Participation in the Safe Schools Grant Program
and Authorize the City Manager to Sign
3.4 Local Contract Review Board:
a. Award Contract to James Fowler Construction for the 10 Million Gallon
Reservoir Transfer Pump Station Project
Councilor Buchner commented that she is very excited about the new transfer pump station
because it will increase the pumping capacity for all residents on Bull Mountain. She made a
motion to approve the Consent Agenda. Councilor Webb seconded the motion. The Consent
Agenda was approved unanimously.
Yes No
Councilor Webb ✓
Council President Wilson ✓
Councilor Buchner ✓
Mayor Dirksen ✓
Councilor Henderson ✓
4. STATE OF THE CITY ADDRESS
7:43:56 PM Mayor Dirksen gave the State of the City address and presented a PowerPoint
illustration of this annual address.A complete copy and the PowerPoint presentation are on file
in the City Recorder's office and also posted on the City's website.
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5. APPROVE 2010 GOALS,FIVE-YEAR GOALS,AND LONG-TERM GOALS
7:50:52 PM Mayor Dirksen read through the 2010 Goals, Five-Year Goals and Long-Term
Council Goals.A copy of these goals is on file in the City Recorder's office and is posted on the
City's website.
Mayor Dirksen asked if there was any City Council discussion regarding these goals.
7:56:29 PM Councilor Henderson thanked all the various boards and committees who put
together their goals for timely submittal to Council for consideration during their goal setting
discussion.
7:57:29 PM Council President Wilson commented that he likes goal setting as it is a time to
take stock of what was completed during the previous year and look forward to what is planned
for the next year. He said substantial headway was made last year and 2010 will be a year when
construction progress and changes will be seen in Tigard.
7:58:24 PM Councilor Buehner said she has seen the planning process improve over the years
and is excited to be moving forward from the theoretical to the actual development of the City's
Comprehensive Plan and code that will be in use every day. She said the public will be
appreciative to have these implemented.
Mayor Dirksen called attention to the goal of improving traffic along 99W and said citizens will
see a lot of improvement and real progress this year as intersection improvements are
completed. He gave Council President Wilson credit for making it a priority for the City and
this Council to seriously look for ways to improve the traffic flow on and around 99W. He
said,"We have talked about these challenges and improvements for many years but this is the
year that we start moving dirt and making it work."
Councilor Buchner made a motion to approve the 2010 Goals,Five-Year Goals,and Long-
Term Goals. The motion was seconded by Councilor Webb and passed unanimously.
Yes No
Councilor Webb ✓
Council President Wilson ✓
Councilor Buchner ✓
Mayor Dirksen ✓
Councilor Henderson ✓
6. JOINT MEETING WITH THE PARK AND RECREATION ADVISORY BOARD
(PRAB) TO DISCUSS POTENTIAL PARKS,OPEN SPACE AND TRAILS GENERAL
OBLIGATION BOND IN 2010
8:01:42 PM Public Works Department Director Koellermcier presented this item,which is an
ongoing discussion about whether the City of Tigard should have a parks,open space and trails
bond measure on the ballot this year and on which election. He noted that the PRAB met last
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evening to discuss these options. Several members of PRAB were present as well as
representatives from the Trust for Public Lands (TPL).
Josh Alpert of the Trust for Public Lands echoed what Mr. Koellermeier said. He said PRAB
discussed the timing of measures and TPL was about to conduct another public opinion survey.
Survey results are due in a few weeks. A variety of issues will be asked in the survey such as
election timing and feelings about taxes. He said he appreciated that a Parks Bond is in the
Council Goals. He said the TPL is hopeful that Tigard residents will be supportive of a
measure this year.
8:06:30 PM Mayor Dirksen noted that citizen members of the PRAB were in attendance and
asked for their input.
8:07:01 PM PRAB Member Scott Bernhard said it is not in the City's best interest to let this rest
too long and he suggested building upon the existing interest.
PRAB Member Troy Meares said he agreed with moving forward in May but recommended
waiting for the survey results. He said,"It is important for Council to relay to citizens what this
bond measure will do. In the last election many citizens were not aware of what the bond was
for."
PRAB Chair Jason Rogers encouraged Council to pursue a bond measure in 2010. He offered
PRAB's support this year to the Trust for Public Lands and the City of Tigard.
Mayor Dirksen asked the Board if they had a recommendation for Council. PRAB Chair
Rogers said PRAB's prior recommendation was based on survey results and they want to wait
to decide until they obtain results from a new survey.
Mayor Dirksen said,"Based on that,you are not ready to commit to one election or the other
and recommend it to Council at this time. If we move forward with another bond,what should
we do differently?"
PRAB Members suggested:
• Get more media attention.
• Remind people that we have to look towards our children's children. We don't know
when the economy will change but we need to bring to people's attention what this
bond would mean to Tigard citizens, especially children.
• Be more specific about what the bond is for.
• Have specific properties in mind and list them.
• Reevaluate the dollar amount.
8:16:07 PM Council President Wilson asked what the voter turnout was for the November
election. Mr. Alpert said it was 35%and commented that Tigard generally has better
turnout than they did. He recommended that a new ballot measure not be a rubber stamp of
the previous measure and it should be adjusted based on polling results.
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Councilor Webb reported that she recently attended the movie premier of"Wetlands" - a
documentary about local artist Deborah DeWit and how a wetland near her Tigard home
inspired her art. Councilor Webb said the movie is being brought to Tigard for a special
showing and encouraged everyone to see it. Councilor Henderson invited Councilor Webb
to come to the next PRAB meeting.
Mayor Dirksen said one option is to put a bond on the May ballot which doesn't give the City
much time considering election and ballot title deadlines. TPL representative Alpert said a
telephone survey would take approximately one week and results could be reviewed quickly.
Mayor Dirksen said he heard a consensus from Council to make decisions on whether to go
back to the ballot and the election timing after receiving information from a new survey. He
said other decisions will need to be made at the same time to fine tune the proposal, as was
suggested. The PRAB will meet again to discuss this with Council in early February.
7. CONSIDER VERIZON-FRONTIER CABLE FRANCHISE AGREEMENT TRANSFER
8:25:33 PM Information Technology Manager Sears introduced this item. He said Bruce Crest
from the Metropolitan Area Communications Commission (MACC) would give a short
presentation and answer questions on the Verizon NW Inc. transfer to Frontier
Communications Corporation. He noted that Councilor Henderson is Tigard's representative
on the Commission.
Mr. Crest said the MACC represents Tigard and 15 other communities for cable franchise
management. On November 20, 2009, the Commission unanimously recommended that the
Verizon cable control franchise be transferred to Frontier Communications Corporation. He
noted that MACC had given a copy of a proposed resolution to the City Attorney's office. He
introduced Steve Crosby, Frontier Senior Vice President for Government Affairs and
Community Relations. He said Verizon had representatives present to answer any questions
and MACC's Policy and Regulatory Affairs Manager,Fred Chris was present also.
Mr. Crest said that in May,2009 Verizon agreed to sell all of its cable and residential phone
services to Frontier. MACC's review determined that Frontier has the legal, financial and
technical qualifications to own and operate the Verizon cable system. In addition to
recommending the transfer,the Commission placed a number of conditions on that agreement
which must be met in order for the transfer to become effective.
Mr. Crest said one of the most important conditions is that Frontier will assume all
responsibility for all of Verizon's non-compliant issues that are discovered, even after the close
of the transaction, and that they also establish a$250,000 letter of credit as further assurance
that they will meet their obligations under the franchise agreement,particularly the payment of
franchise fees to the jurisdictions.
8:28:56 PM He said that MACC is pleased that Frontier has a local manager to respond to
citizen concerns and problems. He said the fact that Verizon doesn't have that kind of local
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presence has been a significant problem. He noted that an extensive report had been given to
Council already and asked if there were any questions.
Councilor Buehner said she supported what was said by the MACC about the importance of
having a local system that can respond to customers in a timely manner. She said the MACC
Board provides a great service to the entire area.
8:32:10 PM Councilor Henderson noted that when he was put on as Council's liaison to the
MACC he was shown by Information Technology Manager Sears what is involved in a
changeover,and how this could enable the City to keep their amenities. He said he learned a lot
about franchise fees and their importance as City income. He said he recommended approval.
8:34:08 PM Council President Wilson commented that in the old days there was Bell Telephone
and now we as consumers have choices. He said from his perspective he sees no problem with
one business selling their assets to another,as long as they are financially sound.
Mayor Dirksen asked how many of the 15 member agencies have already passed a resolution.
Mr. Crest replied that six had.
Council President Wilson moved to Adopt Resolution No. 10-03 and Councilor Henderson
seconded the motion. Deputy Recorder Krager read the number and title of the Resolution. A
vote was taken and Resolution No. 10-03 passed unanimously.
Yes No
Councilor Webb ✓
Council President Wilson ✓
Councilor Buchner ✓
Mayor Dirksen ✓
Councilor Henderson ✓
8. PUBLIC HEARING—SUPPLEMENTAL BUDGET APPROPRIATION AMENDING
FY 09-10 BUDGET
8:36:23 PM Mayor Dirksen opened the Public Hearing and asked for a summary by Finance&
Information Services Department Director LaFrance.
8:37:16 PM Mr.LaFrance gave a detailed summary of the supplemental budget appropriation
which combines several changes. He listed the four major categories:
1) Engineering Reorganization-The vast majority of budget changes for the Engineering re-
organization is a transfer from Community Development to Public Works and the Policy
and Administration programs.
2) American Reinvestment and Recovery Act funding—Tigard has done quite well getting
stimulus funds and has received roughly$6 million.
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3) Carryover amounts from last year were anticipated to be spent last year but due to
timeframes didn't get spent then.
4) Unanticipated requirements—items that the City didn't know about when preparing the
Fiscal Year 09-10 budget.
He noted that page 1 of Exhibit A had a printing error and a revised page 1 had been given to
the Recorder and distributed to Council.
Councilor Buchner asked if the City had closed out the Fiscal Year 2009 yet. Finance and
Information Services Director LaFrance said staff is in the final stages,but he is confident that
in the funds where the beginning balance is being increased,the amounts are sufficient to do
that.
Public Testimony—No one signed up to speak.
Mayor Dirksen asked staff for a rundown on the very last item,the strategic clarity initiative.
8:43:38 PM City Manager Prosser said the executives staff has been working together over the
past two years to strengthen the team and look at the organizational culture and values. He said
they clarified the City's mission,goals and values. He said that work has been done with the
management team and they are in the process of rolling this out to staff. Department work
teams are being put together to discuss the mission,goals and values (Get It Done,Do it Right,
and Respect and Care) and what that means in the real world and in their work environment.
Impediments will be identified and staff will help come up with solutions. This has already been
completed in the Public Works Department in a pilot process and the results were positive. He
said Library staff is now just finishing and the Police Department will start soon. He said the
intent is to get through all of the departments this fiscal year. This money is for the consultant
services for each of the departments. Mayor Dirksen confirmed that this expenditure not an
on-going operational expense but is a one-time expense to initiate a program.
Mayor Dirksen noted that no one had signed up to speak. He asked if there was anyone in the
audience who wished to speak. No one did. He closed the Public Hearing at 8:46:02 PM .
Councilor Buchner moved to adopt Resolution No. 10-04 with the Amendment on Exhibit A
and Council President Wilson seconded the motion. Deputy Recorder Krager read the number
and title of the Resolution No. 10-04,which includes the Amendment in Exhibit A. A roll-call
vote was taken and the Resolution passed unanimously.
Yes No
Councilor Webb ✓
Council President Wilson ✓
Councilor Buchner ✓
Mayor Dirksen ✓
Councilor Henderson ✓
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9. FOURTH QUARTER 2009 COUNCIL GOAL UPDATE8:48:01 PM
Assistant City Manager Newton gave Council an update of the goals for the end of 2009. She
followed up on what Council President Wilson said earlier, a lot of these goals are carried over
from year to year but it is interesting to look back and see how we have accomplished large
segments of what we intended to do.
Highlights for Goal 1-Implement Comprehensive Plan included:
• The Transportation System Plan is nearing completion and scheduled to begin the
legislative adoption process in the Spring.
• The City has received some grants to study land use along highway 99W.
• The Tree Code will be discussed in a January joint session with the Planning
Commission and Council.
• The Urban Forestry Master Plan was completed.
• Lobbying for light rail in the Highway 99W corridor took a big step this year with the
designation of 99W/Barbur to the System Expansion Planning Phase by the Metro
High Capacity Transit Technical Committee.
Highlights for Goal 2-Implement Downtown Urban Renewal included:
• Burnham Street construction has begun.
• The third Council Workshop on the code amendments and design standards will be
held on January 19,2010.
Highlights for Goal 3—Prepare for 2010 Bond Measure for Parks, Open Spaces&Trails
• A bond measure was put on the ballot in November,2009 but it failed.
• The Parks Master Plan was completed and adopted by Council.
Highlights for Goal 4—Continue Supporting the Legislature in Addressing the Financial Needs
of Oregon State and Local Governments
• There was lot of progress made in relations with Congressional delegations through
trips to Washington DC and with our local legislators to connect on things that are
beneficial to Tigard.
Assistant City Manager Newton said that while a lot of goals are carried forward, significant
progress is made each year.
8:51:05 PM Mayor Dirksen said he had an update regarding Goal 4. He said he and Councilor
Buehner have been selected by the League of Oregon Cities to sit on some policy committees,
specifically in the areas of community development and transportation.
Councilor Buchner thanked Mayor Dirksen for all of his hard work during the past year that
has allowed Council to make progress on their goals. Mayor Dirksen said it has been rewarding
to be able be involved in things that give Tigard the presence it needs in the state and the Metro
area.
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10. COUNCIL LIAISON REPORTS—none.
11. NON AGENDA ITEMS
12. ADJOURNMENT At 8:55 PM Council President Wilson moved for adjournment and
Councilor Webb seconded the motion. All voted in favor.
Yes No
Councilor Webb ✓
Council President Wilson ✓
Councilor Buchner ✓
Mayor Dirksen ✓
Councilor Henderson ✓
/s/ Carol A. Krager
Carol A. Krager,Deputy City Recorder
Attest:
/s/ Craig Dirksen
Mayor, City of Tigard
Date:
1:ADNRCATHY\CCM\2oio\ioo i 12.doc
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a. 6:33:54 PM Mayor Dirksen opened the public hearing.
b. City Attorney Ramis reviewed the hearing procedures. He advised City Council should
disclose any potential conflicts of interest.
C. Declarations or Challenges: None.
d. Staff Report
6:34:32 PM Finance and Information Services Director LaFrance presented the staff
report. He introduced Senior Project Engineer McCarthy. The proposal before the
City Council is a revision of the matter before the Council previously and adopted on
December 8, 2009. Finance and Information Services Director LaFrance pointed out
the City Council has two revised documents within its Council packet for tonight.
Since publishing the Agenda Item Summary, there was a piece of information that
changed. On the residential fee calculation, initially it was shown that the ultimate fee
to be paid by residents every month would be $4.96; however, that calculation omitted
the right-of-way portion of the overall program. He explained the right-of-way portion
does not take effect until the second of three phases, it does not affect any of the
ordinances or resolutions before the City Council for this evening's consideration (the
first phase of the implementation). Once fully implemented in the third phase, the
residential fee per month will be$5.25.
6:36:39 PM
Finance and Information Services Director LaFrance described the process for
reevaluation of the Street Maintenance Fee over the last four weeks. On December 8,
2009, the Street Maintenance Fee was adopted and the City Council heard many
comments from residents and business interests within the City of Tigard with some
themes identified. One theme was that this increase was too much at the wrong time
based on today's economy, even with the three-part phase-in of the fee. Other areas of
concerns were:
• Right-of-way maintenance was important,
• Smaller businesses indicated that raising the cap for larger businesses from 200
to 250 parking spaces seemed more equitable,
• The adopted index permitting increases up to 10 percent,was too high,
• The appeals process was too narrow.
6:38:01 PM
Since December 8, 2009, individual City Council members, Finance and Information
Services Director LaFrance and Senior Project Engineer McCarthy have met with
several people who testified at the previous public hearing. A new proposal was
developed to address the above concerns.
6:38:34 PM
Finance and Information Services Director LaFrance reviewed the proposed changes:
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• All customer types will pay a lower fee. The residential fee will be reduced to
$5.25 per month once fully implemented instead of$6.01 per month.
• The non-residential (business and industrial customers) will be paying, once
fully implemented, $1.19 instead of$2.42 per required parking space per month.
The City of Tigard uses the required parking spaces number as a proxy for how
many trips these businesses are generating on Tigard's roads.
• The program, because of the lower fees, will be curtailed. The program
approved on December 8 would have would have gradually increased the City's
average pavement condition. The measurement index for pavement
improvement is evaluated on a scale of 0 to 100. The City of Tigard's goal is to
achieve a score in the range of 70-75. Tonight's proposal, although slightly
curtailed, will mean that the City will still be able to hold the line. We will be
able to keep the City's pavement condition at an average of 67, once all the
phases have been implemented.
• The 250 parking spaces have been retained as was adopted on December 8.
• Costs have been slightly redistributed within the program. In the previously
adopted version, arterial roads were being funded 100 percent through the non-
residential fee. During the discussions since December 8, it was pointed out
that arterial roads such as Durham and McDonald have a primary purpose to
serve residential areas. In the proposal before the City Council tonight, 3/8 of
the arterial maintenance costs will be paid by the residential fee.
• Right-of-way maintenance is in the current proposal. On December 8,the City
Council adopted a fee that would have funded $300,000 for right-of-way
maintenance. Currently, the City of Tigard does right-of-way maintenance at
the "bare bones basics"; i.e., cutting tall grass for sight distance. The proposal
before the City Council retains improved right-of-way maintenance, but at a
lower level -- $100,000. This will allow us to get to some of the plantings on
the sides of the roads and medians to create a more attractive Tigard for
citizens and businesses.
• A three-part phase-in was maintained. There was slight change insofar as
instead of being annual phases, they are 9-month phases starting July 1, 2010
and completed January 1,2012.
• The index was modified. A two-year rolling index will be used smoothing out
the peaks and valleys. This should protect the City's fees and its ability to
maintain the cost of the Street Maintenance Fee program with inflation.
• The appeals process was changed. Businesses will be able to use a land use
decision (with a lowered parking requirement) to get a lower rate charged to
them.
6:44:25 PM
Councilor Webb asked if a Memorandum of Understanding had been drawn up pertaining to a
review of the parking space requirements throughout the City? Finance and Information
Services Director LaFrance said the staff is in the process of reviewing the parking spaces. The
required parking information was prepared five years ago. We have begun a review of the
business uses for properties within the City of Tigard and that review is to be completed prior
to the implementation date of July 1, 2010, for the first phase of this fee. Results of this review
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will be sent to the property owners for evaluation. Councilor Webb said the MOU could be a
simple document stating what is being done and then signed off by the City of Tigard and the
downtown businesses. City Manager Prosser suggested this could be done a couple of ways.
We could prepare a letter for the Mayor's or the City Manager's signature to the downtown
business association, explaining the process and the timeline. Councilor Webb said that it
should be the businesses'responsibility to "double check" the information and to assist staff in
"finding out about different buildings." Mayor Dirksen agreed that each property owner
should review the memorandum and either confirm the data or advise the City if an adjustment
is needed. Councilor Webb said the purpose of the memorandum (or letter) is to keep the lines
of communication open. Councilor Webb noted the City had agreed to do this during the
discussions with the businesses and Mike Stevenson indicated he would be the one to sign the
letter. The letter can be signed by either the Mayor or the City Manager. Finance and
Information Services Director LaFrance indicated that staff would prepare the letter.
6:47:31 PM
Councilor Henderson asked about the two-year index. Finance and Information Services
Director LaFrance explained that is a similar index to what Washington County uses in the
Transportation Development Tax. It is a combination of the Construction Cost Index and the
Bureau of Labor Statistics Index for construction labor costs. We use 65 percent of the
Construction Cost Index and 35 percent of the Bureau of Labor Statistics Index, using a two-
year number,for an average.The rate is applied to the fee and program it funds. This index will
be used for calculations for the second phase of the Street Maintenance Fee implementation
(April 1, 2011). Councilor Webb noted there had been discussion of relating the fees to the
cost of asphalt; but it was decided it would be better to tie the rate to several different
components since the price of asphalt might go up,while the price of labor might be down.
6:49:34 PM
e. Public Testimony
• Amanda Dalton, representing the NW Grocery Association, thanked the City
Council for listening to the testimony delivered on behalf of businesses and
residences and going "back to the table." She thanked the City Council for
including the Grocery Association in the conversations. She acknowledged staff
members Finance and Information Services Director LaFrance and Senior Project
Engineer McCarthy as going"above and beyond"in their representation of the City
of Tigard. The result is a fair,reasonable fee for both businesses and residences.
• J. C. Hult testified and signed in as being neutral on this matter. He advised he
retired two years ago from an engineering consulting firm based in California and
moved to the City of Tigard. He has participated in this type of discussion
throughout the years. He referred to his activity,years ago,in a California citizen's
initiative called "Prop 13." This was adopted in California during a time of
tremendously increasing property values and the County Assessors were non-
responsive to requests to reevaluate rates of assessments. The initiative was
adopted by voters because "hundreds of thousands of senior citizens in the State of
California had to sell their homes because of the actions of the County Assessors
throughout the state. We stopped that." He said that he could see similarities of
what occurred in California starting to occur in Oregon. He referred to a letter that
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appeared in the Oregonian on October 31" from Dennis Brown of SE Portland
writing that he was "...80 years old and I probably have to work until I die...",
citing taxes and insurance increases; i.e., homeowners insurance, car insurance, car
licensing fees, water/sewer tax, storm runoff tax, and health insurance. Mr. Hult
read from the letter that Mr. Brown's assessment had been raised so high that he
will not have enough money to pay for it. Mr. Hult said that when City Council
imposes even a small tax,it is not the only tax. He said it is amazing how much his
tax bill has gone up, when the economy has gone down. The assessed value of
homes purchased in the last four- to five- years has fallen. He said any time the
City Council raises a fee,it needs to take into account people like Dennis Brown.
Mayor Dirksen commented that similar measures to Prop 13 were approved by
voters about 20 years ago,i.e.,Measures 5 and 50. Regardless of what the appraised
value/market value of property,the appraised value for tax purposes can only go up
three percent per year. While values are going down now the market value is above
the assessed value. Councilor Buehner added that a bill was also passed allowing
people over 65 to defer their taxes until the property is sold.
Mayor Dirksen addressed Mr. Hult and said he "grasps your larger message"
regarding the aggregate affects of all tax increases. He said the Council is well aware
of this and took it into consideration. Council President Wilson said the Street
Maintenance Fee is a tax in the sense that it is money taken for government
purposes; but, when a fee like this is levied, it does not go into the General Fund.
The money raised through the fee is used for the purpose designated. It is not
much different from raises in electric or cable television fees. The City of Tigard
has 150 miles of road to maintain. "When you are sitting in the chair that we are
sitting in,we need to keep those things in good repair." If the voters would prefer
we live with deteriorating roads,then"that's what we would do."
Mr. Hult indicated he, too, has served as an elected official. He referred to a
California cities that have filed for bankruptcy.
Mayor Dirksen referred to a recent article where smaller cities on the east coast that
are letting their roads go back to gravel because they cannot afford to maintain the
streets.
f. Staff Recommendation:
7:01:00 PM
Finance and Information Services Director LaFrance reviewed the three proposed
actions before the City Council. Staff recommended the approval of
1. A resolution repealing Resolution No. 09-76 that established a long-term
pavement condition index goal for Tigard city streets. The new resolution
maintains the long-term goal of having a PCI between 70-75, but also
recognizes that with the funding levels before the City Council,we will not
be able to achieve those goals and we will maintain our pavement condition
at 67.
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The motion was approved by a unanimous vote of Council present.
Motion by Councilor Webb, seconded by Councilor Buchner, to adopt Resolution No.
10-02.
RESOLUTION NO. 10-02 — A RESOLUTION REPEALING RESOLUTION
NO. 09-77 AND AMENDING A PORTION OF RESOLUTION NO. 09-44 —
THE MASTER FEES AND CHARGES SCHEDULE, PERTAINING TO
STREET MAINTENANCE FEE
Councilor Buehner said she understands the difficulty of the current economic
situation, so she is voting in favor of the two ordinances; however, she is concerned
about the policy change so the relative relationship of the fee from the 55/45 ratio
(residents/businesses) is now approximately two-thirds being paid by residents and
one-third by businesses. She said she did not think was a good long-term policy.
Councilor Buchner said she would accept it under this particular set of economic
conditions; however, if the economy improves she would work towards reinstatement
of a fairer percentage of the burden as residents are paying too much.
Mayor Dirksen agreed that this proposal is not completely satisfactory for everyone.
He said this does not achieve our goal of having streets being maintained at 70-75 on
the pavement condition index. In the short term, the best we will be able to do is to
maintain at 67 on the index. When appropriate, this needs to be revisited.
Councilor Webb noted that the people who worked on this compromise indicated they
were willing to reopen this matter in three- to five-years, once the economy has turned
around.
The motion was approved by a unanimous vote of Council present.
Mayor Dirksen Yes
Council President Wilson Yes
Councilor Buchner Yes
Councilor Henderson Yes
Councilor Webb Yes
7:09:51 PM
Councilor Webb thanked the city staff who worked before and during the holidays on this
complicated issue.
7:10:10 PM
3. UPDATE ON URBAN AND RURAL RESERVES PROCESS
Councilor Buchner noted the area of change to the map,which includes property of a client of
hers and she was making this announcement so the public is aware of this. Mayor Dirksen
noted that Councilor Buehner is a land use attorney, so it is not unusual that these types of
issues arise from time to time.
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7:10:52 PM
Associate Planner Floyd presented the staff report. He reviewed a list of changes proposed for
the City Council to give feedback.
• On December 16, the Core Four came to a preliminary agreement on a draft urban and
rural reserves map. This map was released on December 17 for public review and
comment prior to final review.
• Associate Planner Floyd referred to a memorandum distributed to the City Council
describing the sequence of future events for the urban and rural reserves map prior to
consideration of adoption. A copy of this memorandum is on file in the City
Recorder's office.
• The draft map is the result of months of negotiations by the Core Four members,
which has been described as a regional best-effort proposal. Approximately 24,000
acres of land have been identified as potentially being placed into the urban reserves
and about 224,000 acres into rural reserves for the next 40-50 years.
• The Core Four proposal includes a significantly reduced amount of urban reserves than
was originally proposed by the three counties. Washington County, alone, proposed
approximately 34,000 acres for urban reserves.
• The extent of the urban reserve acreage is consistent with population/employment
forecasts contained in the urban growth report recently accepted by the Metro Council
and reflects a growing regional consensus for a tighter urban footprint and long-term
certainty to the agricultural and forestry industries that exist in the three counties.
• Despite an overall consensus by the Core Four, there are areas within the region that
are unresolved and remain in play. It has been decided to leave these areas "on the
table" until additional public comment is received during the coming month. Many of
these areas are adjacent to Tigard.
• The public comment period on the present map will end on January 25, 2010. As part
of this public comment period, there will be six regional open houses and three Metro
Council hearings to solicit feedback. Washington County staff has made it known to
Tigard staff they have a strong interest in having elected officials attend the upcoming
open houses to receive and deliver feedback.
• None of the open houses will be in Tigard;however,there are a few nearby.
Associate Planner Floyd reviewed the affect upon the City of Tigard:
• Of the almost 900 acres proposed for Tigard's urban reserve area, the Core Four
removed approximately 350 acres from the northwest corner and placed it in the rural
reserves status. This change represents a 40 percent reduction of potential urban land
for the City of Tigard. The remaining footprint still acknowledges logical planning
boundaries and allows for double-loaded development along both sides of major
transportation facilities,including Roy Rogers Road and Beef Bend Road.
• Associate Planner Floyd then referred to the map and further explained the proposal
for areas adjacent to the City of Tigard.
• Associate Planner Floyd reviewed the memorandum distributed to the City Council
(referred to above),the staff report and attachments.
• A series of options were listed for the City Councilors to consider.
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7:21:14 PM
Councilor Webb asked about property removed from the previous proposal and how the
people living in the area felt about this. Associate Planner Floyd said there are quite a few
different properties (large and small parcels), so he could not speak for all the people living in
this area. At least one property owner wants to urbanize and has submitted a letter indicating
interest in annexation to the City.
7:22:03 PM
Councilor Buchner said she has talked to three of the property owners who are upset about the
current proposal. She said some approached the County and asked if this property was
appropriate for rural reserve designation and they were told"'no,it doesn't qualify"'because the
soil quality was bad and for a variety of other reasons. These property owners have been
operating on that basis. Now,if Metro tells these property owners their lands are rural reserves,
they will be in a "no man's land" situation. They will not be able to sell their property as
farmland or develop the property. She added that the parcels "below old 63" were pulled out
and part of the area removed was originally part of Area 64. There had been some discussions
with Metro indicating this would be remedied "the next time" and she said she was caught off
guard when these areas were removed when"they had absolutely assured us would be in."
7:24:03 PM
Mayor Dirksen said the Cour Four is having a difficult time reaching a compromise,particularly
between Metro and Washington County coming up with a number of acres for urban and rural
reserves acceptable to both sides. In searching for the compromise and trying to meet the goals
of aspiration of some of the western County cities, the properties identified above that are in or
near Areas 63 and 64 could be taken off the table so others could remain in urban reserves.
7:25:05 PM
In response to a comment by Councilor Webb, Council President Wilson said that because
others are strongly advocating for acreage near their borders and we have not been as strong,
these parcels can be sacrificed. Mayor Dirksen agreed with Council President Wilson's
statement.
7:25:23 PM
Councilor Buchner suggested we could take the third option, describing the boundaries using a
creek that could be used as a natural boundary.
7:26:50 PM
Council President Wilson raised a technical concern. He said he did not have a preference as he
did not think it was necessarily in the interests of the citizens of Tigard to have as much land as
possible next to our borders as there is enough in the region. Essentially, Roy Rogers is the
Westside Bypass and it should be protected from multiple access points that would reduce its
ability to serve in that capacity. The 1300-foot strip on the west side of Roy Rogers is not deep
enough to support a collector that would enable it to develop in such a way that would benefit
Roy Rogers Road. Council President Wilson identified the transportation roadway from
Roshak that extends from Bull Mountain Road to Barrows Road,which could serve as a minor
collector for that side. On the west side,it would be impossible to develop it that way.
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7:28:28 PM
Councilor Buehner said the original discussion was that 175`' was to come down the hill and
was directly across from an existing, private road that continues south to where it almost meets
the extension of Bull Mountain Road. The discussion was that this would have made a nice
neighborhood intra-access, not utilizing Roy Rogers Road. She said she agreed with Council
President Wilson's comments above pertaining to the 1300 foot strip. She said the land along
Schools Ferry Road is much more important to examine.
7:29:31 PM
Mayor Dirksen said he had a suggestion insofar as the previous discussion was speculative
regarding reasons for the changes to the urban/rural reserves. His suggestion was to
immediately forward a request for clarification regarding why the changes were made. Then we
could make a compromise proposal,which might include some of the Council's ideas expressed
tonight. There is still time to address the Core Four with a formal proposal followed up with
some testimony at the upcoming opportunities.
7:31:01 PM
Councilor Webb agreed with the Mayor's suggestion. She said one of the reasons why she has
not commented much about Areas 63 and 64 is because when the Tigard City Council talks
about this area some people assume Tigard is wanting to go after annexation.
7:31:31 PM
Mayor Dirksen suggested that when talking to people making the decisions, to avoid anything
other than just pointing out the issues and to let them take our opinions into consideration.
Regardless, they need to hear our opinion.
7:31:55 PM
Councilor Buchner said it does not make sense to urbanize one side of Scholls Ferry Road and
not the other. Mayor Dirksen noted that in the effort to reach compromise, he doubted that
the thinking"went to that level."
7:32:12 PM
Associate Planner Floyd said that a lot of what is driving this at the regional level are growth
assumptions about population and employment. At the regional level, they are thinking about
the aggregate acreages view and not just specific areas. Every city is losing some acreages.
7:32:35 PM
Council President Wilson said that they ought to withdraw the area next to King City that is
likely undevelopable because it is so close to the river.
7:32:46 PM
Councilor Buehner said that we might be able to come up with some ideas that would not
increase the net acreage, but make it more logical. Mayor Dirksen said it might make more
sense to reduce the urbanized acreage in the southern area next to the National Wildlife Refuge
rather than area near Scholls Ferry Road.
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7:33:32 PM
Councilor Webb noted her biggest concern is that if something becomes designated rural
reserve,then it cannot be changed.
7:33:55 PM
Mayor Dirksen reminded everyone that the decision makers are looking for places where
compromises can be made. Another area for consideration are those lands that remain
undesignated and adjustment must be made.
7:34:14 PM
Mayor Dirksen summarized that the first thing we need to do is ask for clarification and then
follow it up quickly with a recommendation for adjustment. It doesn't need to be acre-for-acre,
but we should keep it as close as we can.
7:34:29 PM
Associate Planner Floyd said we have asked Washington County staff for clarification as to how
the change occurred and we have not received a full answer yet.
7:34:41 PM
Councilor Buehner asked that if we came up with a proposal of about the same number of
acres, would this be acceptable to the County. Associate Planner Floyd said he was not
involved in the direct negotiations but agreed he could ask for discussion to find out if this
would be acceptable.
7:35:18 PM
In response to a question from Councilor Henderson, Associate Planner Floyd said all the
upcoming meetings were equally important.
7:36:17 PM
Associate Planner Floyd said the process is fluid and things can happen quickly. All discussion
might come to an end next month assuming everyone can come to agreement. He reviewed
the schedule.
7:37:25 PM
4. REVIEW DRAFT GOALS, FIVE-YEAR GOALS, LONG-TERM GOALS AND
COUNCIL TASKS
Mayor Dirksen distributed updated language on the proposed goals drafted by the City Council
on December 22, 2009. Council members offered wording changes. The final goal list will be
before the City Council for adoption on January 12,2010.
7:50:49 PM
5. NON-AGENDA ITEMS
JPACT Update:
Mayor Dirksen shared information regarding recent JPACT decisions pertaining to the review,
drafting, and passage of the Regional Transportation Plan (RTP), which is similar to Tigard's
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transportation plan but is for the entire Portland-Metropolitan region. Mayor Dirksen shared
background. Discussions have occurred for the last year or more regarding how the RTP
should be updated based on the previous RTP. JPACT and MPAC offered input and staff
prepared a draft that had been reviewed several times, modifications were recommended and
made. In December, the final draft was under consideration that would be forwarded to the
Metro Council. In reviewing the draft, Washington County representatives discovered issues
that were of concern. Those issues were discussed at the Washington County Coordinating
Committee meeting on December 7. In particular,there were two issues noted:
1. A request for an amendment by Clackamas County that the wording regarding the 99W/I-5
Connector, (Alternative 7) including several modifications to existing surface streets and also
an eventual southern bypass (aka expressway). Clackamas County requested that language
be included stating that"no work could be done on that south collector until such time as all
of the conditions have been met as set forth in the I-5 South Corridor Study and other
studies of transportation in the area before any action could be taken." This raised the
question, what do "actions" and "all the conditions" mean? One of the conditions of the
proposed I-5 South Corridor Study would be to explore the feasibility of passenger rail,
which would be an extension of the west side commuter rail through the Willamette Valley.
Mayor Dirksen asked if that mean that no work at all could be done on the South Bypass
until there was such rail or until the review of that had been exhausted. The other concern
would be the definition of "action." Does that mean that if a general right of way is
identified that cities such as Wilsonville, Tualatin, or Sherwood would be unable to require
developers developing property along that right of way to dedicate right of way for
preservation; would that constitute an action? Mayor Dirksen said the Washington County
representatives thought the wording of that amendment and the restrictions were
unacceptable.
2. In the draft RTP, it leaves Highway 217's final configuration at the four lanes as it is
currently. The previous RTP had identified that it needed to be upgraded to six lanes.
Commissioner Rogers and Mayor Dirksen, as representatives of Washington County and
Washington County cities, were tasked by the Coordinating Committee to go to JPACT and
request the removal of the amendment (above) and to bring Highway 217 back to the eventual
six lanes in the RTP. At the JPACT monthly meeting Commissioner Rogers made a motion to
remove the language that placed the severe restrictions on the south corridor component of the
connector plan; that motion failed. He also made the motion to reinstate Highway 217 to six
lanes in the RTP,without identifying a funding source. If this is not on the RTP, then it is off
the table and there is no opportunity to even look for a funding source. This motion also failed.
Neither of the items that Washington County felt needed to be made in the draft were
accomplished. When the RTP came up for a vote, both Commissioner Rogers and Mayor
Dirksen voted no. Portland Mayor Adams was the only other no vote (for a separate reason).
Mayor Adams had asked for an amendment to the RTP recommending that there be a
requirement that all RTP projects be individually evaluated for greenhouse gas emission
potential and then be ranked in priority based on that. This motion also failed.
Mayor Dirksen said the draft RTP passed. The RTP will go forward in its current form to
Metro for approval. He said his concern with having the RTP in that form is that there is no
broad consensus as it goes forward and when we go to the Federal government seeking
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funding, without a consensus on our transportation, this will make it much more difficult to
receive appropriations on the portions of the plan.
Councilor Buchner asked if there were any options left. Mayor Dirksen said this is the RTP
that will be going to the Metro Council with the recommendation of JPACT. Theoretically,
there would still be an opportunity for individuals to go to the Metro hearing to request
changes. If people feel strongly, then he recommended they testify. However,it is unlikely that
any major modifications will be made. Mayor Dirksen said his recommendation to the Tigard
City Council would be for us to formulate our own transportation plans on the assumption that
the south bypass is not going to happen in the foreseeable future. Council President Wilson
added that neither would there be any improvements to Highway 217. The two things that
affect Tigard the most are off the table,which are our citizens primary concerns with respect to
government.
7:59:12 PM
Mayor Dirksen reported on recommendations by Metro staff regarding to federal funding
opportunities for earmarking in the next appropriation and also for the fiscal year 2011 federal
appropriations priorities. Historically,Metro has not done well in getting federal appropriations
for transportation funding outside of transit. Mayor Dirksen said the analysis indicates this is
because the requests are not based on federal jurisdictions. For example, cities, counties or
Metro make requests, but those jurisdictions are divided among the federal delegation. The
recommendation (for earmarks and for appropriations) is that we prioritize recommended
projects based on our Congressional delegation, with a limit of two projects requested from
each Congressman based on Congressional districts. Over the next couple of months, all of
the jurisdictions will be meeting to discuss and agree on the two projects that to be forwarded
to Congressman Wu to advocate.
In federal earmarks for the City of Tigard, the project that seems to have the best chance of
making the cut would be the improvements to the intersection at Highway 99W and McDonald
Street,which was on the State federal earmark list last year. Washington County and Metro are
promoting this project. We have a good chance of making the short list again this year.
8:01:36 PM
As far as appropriations for 2011, Mayor Dirksen said Fanno Creek Trail improvements have
strong support across the region.
8:02:16 PM
Mayor Dirksen noted a problem he has with the system,which needs more discussion. He read
the following: "Consistent with past practice, the 2011 appropriations candidate project list
distributed at the JPACT meeting needs to get narrowed down to two per jurisdiction or
grouping of jurisdictions for the following. Portland, Multnomah County and cities among
Multnomah County, Clackamas County and cities of Clackamas County, Washington County
and cities of Washington County, TriMet, Metro, and ODOT. This is the same list for
earmarks and appropriations. In both cases the City of Portland gets to double dip and possibly
triple dip because they get to make a request, Multnomah County gets to make a request, and
also Metro. Mayor Dirksen said he thinks there needs to be discussion about what might be a
more equitable division. He said he still needs to talk to Washington County representatives at
the next WCCC meeting.
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8:03:34 PM
Council President Wilson asked "given that the connector is dead, the money and all of the
momentum that was headed into that project now goes to existing surface streets, what is the
potential to divert some of that to 99?" Mayor Dirksen said that over the last year,while these
discussions were taking place, both Chair Brian and Commissioner Rogers indicated that, if the
south connector was off the table then they would promote the existing appropriation money
($10 million) be diverted to 99W and 124th Avenue in Tualatin.
8:05:19 PM
With the south connector being off the table, Mayor Dirksen advised this reinstates 99W as the
primary mobility corridor out of Portland to the south and west. The elevated priority of the
99W corridor makes it more likely this corridor could garner more state and federal funds.
Council Meeting Information
8:06:16 PM
Councilor Buehner announced the next City Council meeting is January 11. It will be a joint
meeting with the Lake Oswego City Council to discuss water plant issues. Mayor Dirksen said
Lake Oswego is hosting the meeting and before the discussion, there will be a talk by G.B.
Arrington, an acknowledged expert in the areas of high-capacity transit and transit-oriented
development planning. The City Center Advisory Commission and Intergovernmental Water
Board are invited.
8:08:19 PM
6. ADJOURNMENT
Motion by Councilor Webb, seconded by Councilor Buehner to adjourn the meeting.
The motion was approved by a unanimous vote of City Council present.
Mayor Dirksen Yes
Council President Wilson Yes
Councilor Buehner Yes
Councilor Henderson Yes
Councilor Webb Yes
/s/ Catherine Wheatley
Catherine Wheatley, City Recorder
Attest:
/s/ Craig Dirksen
Mayor, City of Tigard
Date: April 13,2010
I:\ADM\CATHY\CCM\2010\100105 final.doc
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Police Chief Dickinson made farewell remarks. City Manager Prosser commented on the selection process for
the selection of the new chief,Alan Orr.
Chief Dickinson administered the oath of office to incoming Police Chief Alan Orr. Mrs. Lauri Orr pinned the
badge for Chief Orr.
Mayor Dirksen presented retired Police Chief Dickinson with his retirement badge. Wife Betty and son Will
were present. Mrs.Betty Dickinson pinned the retirement badge for retired Police Chief Dickinson.
Chief Orr introduced the new command staff, said a few remarks (highlights are on file in the City Recorder's
office) and administered the oath of office to the following:
❖ Assistant Chief Mike Bell
❖ Oath of Office—Captain Jim deSully
❖ Oath of Office—Captain Bob Rogers
8:02:58 PM -Council meeting recessed.
8:07:30 PM—Council meeting reconvened.
3. CITIZEN COMMUNICATION: None
8:08:10 PM
Mayor Dirksen reviewed the following Consent Agenda:
4. CONSENT AGENDA:
4.1 Approve City Council Minutes for September 15,2009
4.2 Appoint Tree Board Members At-Large Mort Ettelstein,Brett Lieuallen, and David Walsh—Resolution
No. 09-70
A RESOLUTION APPOINTING MORT ETTELSTEIN, BRETT LIEUALLEN, AND DAVID
WALSH TO THE TREE BOARD AS AT-LARGE MEMBERS
4.3 Authorize the City Manager to Execute the Deed and Easements Approving the Stevens Marine Right-
of-Way Acquisition for$75,100.
4.4 Authorize the Mayor to Sign an Intergovernmental Agreement with Washington County Regarding the
Use of Bike and Pedestrian Program Funds on the Current Fanno Creek Trail and Crosswalk Projects
Motion by Councilor Webb, seconded by Council President Wilson,to approve the Consent Agenda.
The motion was approved by a unanimous vote of Council present.
Mayor Dirksen Yes
Council President Wilson Yes
Councilor Buehner Absent
Councilor Henderson Yes
Councilor Webb Yes
5. RECEIVE FINDINGS FROM THE 2009 COMMUNITY ATTITUDES SURVEY
8:12:07 PM
Management Analyst Wyatt introduced the agenda item. Consultant Kelly Middendorff(Vice President of
Moore Information) presented the findings,which are summarized in her presentation. A summary of the
survey results is on file in the City Recorder's office.
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Agreement so the matter of the aquatic district can move forward to a vote. Staff believes it is important to
move on the aquatic issue now and then develop a staged,phased-in approach to an overall review of the
Agreement. Staff would like to fold this overall review into their work program.
8:40:45 PM
City Attorney Ramis commented on the process as it stands now and suggested amendments to the resolution
and the documents the City Council is considering.
City Attorney Ramis explained the City Council asked the staff to prepare amendments in two areas:
1. Tailor the language on the Aquatic District very specifically and more narrowly than the original draft from
the County.
2. Require a reopening of the consideration of the main language in the Urban Services Agreement to cure
some of the aging provisions.
Tigard staff shared language with County staff and the County responded;their comments are contained in an
email received today from Joanne Rice of the County. The County staff said they agreed with the amendments
that the City offered with respect to the language regarding the Aquatic District. The County staff suggested an
amended Exhibit D because of a typographical error and Tigard staff agreed with the County's Exhibit D.
The County's second comment is that the language Tigard proposed to change the timing of amendments to
the Urban Services Agreement is something that cannot be accomplished within the timetable imposed on the
Aquatic District matter. These amendments,unlike Exhibit D,need to have signatures of all of the jurisdictions
that originally signed the document. The County staff, therefore,was resisting the idea of moving forward with
that proposed amendment from the City of Tigard.
City Attorney Ramis advised that there is an alternative approach:
• Amend the proposed resolution and adopt the Revised Exhibit D and include language in the resolution
that directs the staff to prepare amendments to the Urban Services Agreement to submit to the City
Council for its review and then forward these amendments to the County for consideration.
City Attorney Ramis said that once the City of Tigard submits the provisions to the County,the County would
be required under Section VIII.D. of the existing Agreement to consider the modifications in a timely manner.
Council discussion followed. Community Development Director Bunch reported there are many housekeeping
issues needing updates in the Agreement along with substantive issues (i.e.,utilities, service district,and public
safety). City of Tigard staff thinks there will need to be several months of negotiation and work on the issues.
Mayor Dirksen commented on language proposed by the City of Tigard that the County convene
representatives in a meeting no later than July 1,2010. He aligned with the County's concerns (in the
November 24 email from Joanne Rice)in that the County has no authority to enforce this;therefore,we are
asking the County to commit to something for which they have no authority to do. He suggested we could ask
them to initiate the process.
Councilor Henderson said he thinks there are some severe along with some not-so-severe issues that need to be
addressed. He noted he was not sure if all the issues need to be addressed at once or whether these could be
worked out in a staged approach.
Community Development Director Bunch advised that the Agreement lends itself to an incremental approach.
The preference would be to take care of the housekeeping amendments quickly. The other issues will likely
take a lot of work where all of the partners are involved. Community Development Director Bunch said staff
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would like to establish a basis of relationship with the County and the other signatories to this Agreement based
upon today's circumstances—not on an agreement established more than 23 years ago. There are entrenched
interests associated with this Agreement that will require substantial discussion.
Community Development Director Bunch said another issue facing the City will be implementing the Urban
and Rural Reserves effort. On top of that,we have Areas 63 and 64 close to the City of Tigard. The City is the
logical provider of water services to this area. Ultimately, the Agreement will have to expand to deal with that
issue as well. Unfortunately,the Urban Services Area Agreement has been a somewhat static document and it
needs to be modernized.
Councilor Henderson followed up to Community Development Director Bunch's remarks noting that the
Aquatic District issue is before the City Council at this time and asked Community Development Director
Bunch to respond how this is affected by the Agreement. Community Development Director Bunch advised
that the Aquatic issue is a response to a broad constituency for this service. The recommendation is to amend
the Agreement so the aquatic services issue can move forward to a vote. Community Development Director
Bunch said he did not think the City of Tigard or the County want to stand in the way of citizens expressing
their will for this kind of service. It is important to move on the Aquatic District issue now and develop a
staged approach to address the issues in the Agreement that affect Tigard and all of the signatories. Staff would
like to stage the Agreement review so it can be incorporated into the work program in the Community
Development Department. Community Development Director Bunch recommended that the Agreement be
amended tonight to take care of the aquatic services issue.
In response to a question from Mayor Dirksen regarding input to the alternatives suggested by the County,
Council President Wilson said he would rather decouple the comprehensive review of the Agreement from the
Aquatic District issue. It was never the intent of the City of Tigard Council to hold the Aquatic District hostage
to the Agreement. Council President Wilson said he would also rather not issue the request and "get the clock
running"before we have had a chance to discuss (in a workshop setting) what the major issues are and what
approach we would like to take. He said he would prefer to send the amendment language for the Aquatic
District forward and discuss in workshop what areas of the Agreement need to be updated or added.
Councilor Webb noted she agreed with Council President Wilson. She noted she would like time to discuss
some of the issues within the Agreement to determine what might be simple"fixes"and identify the more
complicated issues. Her preference would be to act on what is needed to move forward with the Aquatic
District. She noted her preference to not place the County"under the gun"with regard to the Agreement as
this would not be conducive to a good relationship to work through the details.
Mayor Dirksen noted he agreed with Council President Wilson and Councilor Webb.
City Attorney Ramis suggested the following amendments be considered by the City Council tonight:
Motion to approve the Resolution before the City Council with the following amendments—
1. Revise Section 1 of the Resolution to say—
Amendments to Exhibit D of the T USA as contained in ExbibitA of this Resolution are hereby approved(and delete
some of the language referring to the broader document).
2. Substitute for Exhibit D,the County's submitted version of Exhibit D.
Motion by Councilor Webb, seconded by Councilor Henderson,to approve Resolution No. 09-71 with the
following amendments to Section 1,which addresses only the Aquatic District* and substituting the County's
language for the Exhibit D.
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*City Attorney Ramis inserted that the language would be:
Amendments to Exhibit D of the TCTSA as contained in ExhibitA of this resolution are hereby approved.
RESOLUTION NO. 09-71 —A RESOLUTION AUTHORIZING THE MAYOR TO SIGN AN
AMENDMENT TO THE TIGARD URBAN SERVICE AGREEMENT (AS AMENDED)
The motion was approved by a unanimous vote of City Council present.
Mayor Dirksen Yes
Council President Wilson Yes
Councilor Buchner Absent
Councilor Henderson Yes
Councilor Webb Yes
7. COUNCIL LIAISON REPORTS: None.
8. NON-AGENDA ITEMS: None
8:57:51 PM
9. ADJOURNMENT
Motion by Council President Wilson, seconded by Councilor Webb to adjourn the meeting.
The motion was approved by a unanimous vote of Council present.
Mayor Dirksen Yes
Council President Wilson Yes
Councilor Buchner Absent
Councilor Henderson Yes
Councilor Webb Yes
/s/ Catherine Wheatley
Catherine Wheatley, City Recorder
Attest:
/s/ Craig Dirksen
Mayor, City of Tigard
Date: April 13, 2010
I:\ADM\CATHY\CCM\2009\091124 final.doc
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