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City Council Minutes - 02/11/2014 ` City of Tigard Tigard City Council Meeting Minutes ' February 11, 2014 Mayor Cook to call the meeting to order at 6:30 p.m. Name Present Absent Mayor Cook ✓ Council President Henderson ✓ Councilor Buehner ✓ Councilor Snider ✓ Councilor Woodard ✓ Staff present: City Manager Wine,Assistant City Manager Newton,Human Resources Director Bennett,Senior Human Resources Analyst Burbank City Attorney Ramis,City Attorney Rihala,City Recorder Wheatley Mayor Cook read the following citation to meet in an Executive Session: • EXECUTIVE SESSION:The Tigard City Council went into Executive Session to discuss labor negotiations under ORS 192.660(2)(d). All discussions are confidential and those present may disclose nothing from the Session. Representatives of the news media are allowed to attend Executive Sessions,as provided by ORS 192.660(4),but must not disclose any information discussed. No Executive Session may be held for the purpose of taking any final action or making any final decision. Executive Sessions are closed to the public. Executive Session concluded at 7:02 p.m. and the council convened into Study Session. • STUDY SESSION City Attorney Ramis introduced Shelby Rihala,Attorney. Ms. Rihala has been working on the medical marijuana issue for Tigard and a number of other jurisdictions. Council reviewed the council meeting calendar: February 17 MondayPresidents Day Observed—City Hall Offices Closed 18* TuesdayCouncil Workshop Meeting-6:30 p.m.,Town Hall TIGARD CITY COUNCIL MEETING MINUTES–FEBRUARY 11,2014 City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 www.tigard-or.gov I Page 1 of 14 25* Joint Meeting with City of Beaverton City Council 4755 SW Griffith Drive,Beaverton 6 p.m.light dinner 6:30 p.m.meeting Study Session concluded at 7:05 p.m. 1. BUSINESS MEETING - FEBRUARY 11,2014 A. ® Mayor Cook called the meeting to order at 7:32 p.m. B. Roll Call Name Present Absent Mayor Cook ✓ Council President Henderson ✓ Councilor Buehner ✓ Councilor Snider ✓ Councilor Woodard ✓ C. Pledge of Allegiance—Mayor Cook to ask those attending to join him in the Pledge of Allegiance. D. Council Communications&Liaison Reports— 0 Mayor Cook advised he might give a report later in the evening,time permitting. E. Call to Council and Staff for Non-Agenda Items—® Council President Henderson advised he would introduce a non-agenda item later in the meeting. 2. CITIZEN COMMUNICATION A. Follow-up to Previous Citizen Communication— None. B. Tigard High School Student Envoy—Associated Student Body President EJ Albaugh presented a report on recent and upcoming THS activities. A copy of his report highlights is on file with the record copy of the meeting packet. C. Tigard Area Chamber of Commerce -® Chamber CEO Debi Mollahan distributed two documents advising of the Chamber's"No"position on Measure 34-210,which included a statement that was filed in the March 11,2014 Special Election Voter's Pamphlet. Copies of these documents are on file with the record copy of the meeting packet. Ms. Mollahan presented a report on recent and upcoming Chamber activities. A copy of her report highlights is on file with record copy of the meeting packet. TIGARD CITY COUNCIL MEETING MINUTES—FEBRUARY 11,2014 City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 www.dgard-or.gov I Page 2 of 14 D. Citizen Communication IR Mayor Cook welcomed several Girl Scouts from Troop 40823 attending the meeting. These girls are working on their Government Badge. Christina Andreas,a 5"grader from Mary Woodward Elementary,introduced the Troop comprised of 4"-6`"grade members. She shared that her troop has been working on the members'Inside Government badge to gain an understanding of the different agencies that make and enforce their laws. They are learning how to become more involved, active citizens. Following this meeting,each scout will write a paper reporting the activity at the council meeting as if they were a news reporter. 3. CONSENT AGENDA: (Tigard City Council) A. Approve City Council Meeting Minutes for: 1. November 26,2013 2. December 17,2013 B. Receive and File: 1. Council Calendar 2. Council Tentative Agenda for Future Meeting Topics C. Adopt a Resolution Authorizing the Mayor to Execute an Intergovernmental Cooperative Agreement Regarding an Emergency Water System Intertie RESOLUTION NO. 14-09—A RESOLUTION RESCINDING RESOLUTION NO. 12-36 AND AUTHORIZING THE MAYOR TO SIGN AN INTERGOVERNMENTAL COOPERATIVE AGREEMENT WITH THE SOUTH FORK WATER BOARD,CITY OF WEST LINN AND CITY OF LAKE OSWEGO FOR AN EMERGENCY WATER SYSTEM INTERTIE Motion by Councilor Buehner,seconded by Councilor Snider to approve the Consent Agenda. The motion passed by a unanimous vote of City Council present: Mayor Cook Yes Council President Henderson Yes Councilor Buehner Yes Councilor Snider Yes Councilor Woodard Yes TIGARD CITY COUNCIL MEETING MINUTES—FEBRUARY 11,2014 City of Tigard 1 13125 Sew'Hall Blvd.,Tigard,OR 97223 www.tigard-or.gov I Page 3 of 14 4. PRESENTATION FROM COMMUNITY ACTION OF WASHINGTON COUNTY Community Action Executive Director Jerralynn Ness and Board Member/State Representative Margaret Doherty presented information about the Washington County Community Action agency. They reviewed material distributed to the City Council and explained services offered to Tigard residents. This agency works to eliminate conditions of poverty for hundreds of communities in Washington County and creates opportunities for people to achieve economic security. 5. LOCAL CONTRACT REVIEW BOARD (LCRB): AWARD CONTRACT FOR THE MAIN STREET SEWER/FANNO CREEK CROSSING ELIMINATION TO JEFF KERSEY CONSTRUCTION • Senior Management Analyst Barrett presented the staff report. Staff recommended the LCRB award the contract for construction services on the city's Main Street Sewer/Fanno Creek Crossing Elimination project to Jeff Kersey Construction in the amount of$243,297 and authorize the city manager to take the steps necessary to execute the contract. • After brief discussion,motion by Board Member Buehner,seconded by Board Member Woodard,to award the contract for construction services on the city's Main Street Sewer/Fanno Creek Crossing. The motion passed by a unanimous vote of the LCRB present: Chair Yes Board Member Henderson Yes Board Member Buehner Yes Board Member Snider Yes Board Member Woodard Yes G. LOCAL CONTRACT REVIEW BOARD: AWARD CONTRACT FOR THE 2014 PAVEMENT MAINTENANCE PROGRAM OVERLAY DESIGN SERVICES TO MURRAY,SMITH & ASSOCIATES,INC. • ® Senior Management Analyst Barrett presented the staff report and outlined the elements of the project. An intermediate QBS was required for the project. Staff recommended the LCRB award a contract for pavement overlay design services for the city's 2014 Pavement Management Program to Murray,Smith&Associates,Inc.,in the amount of$157,973 and authorize the city manager to take the necessary steps to execute the contract. • Board Member Henderson asked questions regarding the previous year's budgeted amount for design services. Senior Engineering Project Engineer McCarthy and Senior Management TIGARD CITY COUNCIL MEETING MINUTES—FEBRUARY 11,2014 City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 www.tigard-or.gov I Page 4 of 14 Analyst Barrett confirmed work for the upcoming program will include federally mandated work on curb ramps to meet ADA requirements and represents about half of the amount to be spent on this contract. Mr. McCarthy noted last year about half of the work for this project was designed in-house. He described the work required for the curb ramps. Board Member Henderson referred to budget numbers and in response to his question,Mr. McCarthy confirmed the curb ramp portion would be allocated to the larger overall 2014 CIP budget consisting of$1.4 million. Discussion followed on budget figures distributed among two fiscal years'budgets. • Motion by Board Member Snider,seconded by Board Member Buehner,to award the contract for pavement overlay design services for the city's 2014 Pavement Management Program to Murray,Smith&Associates,Inc.,in the amount of$157,973 and authorize the City Manager to take the necessary steps to execute the contract. The motion was approved by a majority vote of City Council present. Chair Cook Yes Board Member Henderson No Board Member Buehner Yes Board Member Snider Yes Board Member Woodard Yes Board Member Henderson advised he voted"No"because he did not understand the explanation for the proposed expenditures. 7. UPDATE ON THE SOUTHWEST CORRIDOR PLAN TIGARD PUBLIC INVOLVEMENT OPPORTUNITIES 9 Senior Transportation Planner Gray presented the staff report. She referred to a timeline distributed to the City Council. • On Thursday,February 13 a Town Hall Meeting on the SW Corridor Plan will be hosted by the city. The purpose of this meeting is to: o Update residents on the SW Corridor Plan. o Provide information about the upcoming ballot measure (34-210). o Provide information to citizens about how they can participate as the plan goes forward. • In July 2013,the SW Corridor Plan Steering Committee adopted several project elements. One of those elements was the potential for high-capacity transit connecting Portland to Tigard and Tualatin. The Committee is in the refinement stage for this plan. • In the summer of 2014,the Steering Committee is scheduled to carry forward two primary alternatives for further analyses. These analyses will take about two or three years. TIGARD CITY COUNCIL MEETING MINUTES—FEBRUARY 11,2014 City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 www.tigard-or.gov I Page 5 of 14 • Senior Transportation Planner Gray reviewed the agenda for the Town Hall on the 13`x: o Overview of the project. o Overview of timeline. The earliest opening day of a high-capacity transit mode would be 2026. o Share opportunities for how and when citizens can participate. Provide information about how this participation can be done within the City of Tigard and how Tigard participates in the region. An outside facilitator will help with this discussion to provide an open dialogue session. o The majority of the time at the meeting will focus on the project;however,it is anticipated there will be a lot of interest in the ballot measure. Representatives representing the"yes"and "no"positions on the measure have been invited to present these positions. • Senior Transportation Planner Gray reviewed upcoming meetings on the project. ® Mayor Cook commented that the meeting on Thursday is designed as a "generic information session" to help people understand this large project over a lengthy timeframe. a 8. RENEW ANNEXATION INCENTIVES Associate Planner Pagenstecher presented the staff report. • Every February City Council reviews its policy and incentives on annexation. • The proposed resolution reflects no change in policy and establishes incentives. • An annual review on annexation has occurred since 2007. The primary purpose of the resolution provisions is to address island areas throughout the city. Currently there are about 80 properties within islands. Good planning practice would be to include these islands within the city for better provision of services. The incentives are designed to encourage property owners in these areas to come into the city. Because of the varying reasons people might have for coming into or staying out of the city,it has been difficult to establish an effective policy to achieve the goal of annexing all islands. Over the years, additional incentives have been added. The incentive package is the same as it was last year. • There are fiscal impacts and these are listed in the agenda item summary. Council discussion followed: • During discussion and reference to the agenda item summary,it was confirmed that about eight acres were annexed in 2013. • Councilor Snider said that from an equity standpoint the decisions made by the council last year continue to be viable. He recommended the council continue this course. TIGARD CITY COUNCIL MEETING MINUTES—FEBRUARY 11,2014 City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 www.tigard-or.gov I Page 6 of 14 • Councilor Buehner said she would support the proposed resolution;however,she is raising the same issue she has brought up for the last four years. She urged the council to address other components of the annexation policy and to make an affirmative decision about what should be done about the island areas. She acknowledged this year's commitment to focus on the River Terrace Community Plan. She hopes in the next fiscal year there will be a review of the island annexations on the council agenda to make a formal policy decision. • Councilor Woodard agreed with Councilor Buehner's comments. He said he was satisfied with extending the incentives as proposed. • Mayor Cook commented that Washington County is urging cities within the county to annex certain areas. City Manager Wine explained that at the last legislative session,the county introduced a bill to create a service to allow them to leverage additional fines and taxes in unincorporated areas in an effort to provide services. Most of the cities that still have unincorporated islands asked the county to wait to make this move as cities were concerned such a district would serve as a disincentive for unincorporated areas to annex. The county was willing to delay this bill as long as cities that still had islands within their boundaries would negotiate a rational timeline and for the remaining major unincorporated areas to annex. Mayor Cook emphasized that the potential annexations would not be exclusive to islands. City Manager Wine said this policy discussion is on the council goal list for this year, although,she is realistic in that there is an abundance of work in other areas with the most notable being the River Terrace Community Plan. o Mayor Cook said the main concern of the county is the areas other than the islands including the remainder of Bull Mountain and Metzger—the developed urban areas in unincorporated Washington County. o City Manager Wine said she sees the council facing three issues relating to annexation: ■ Completing the River Terrace Community Plan and allowing that area to be annexed to begin to develop. ■ Address the questions of island areas of unincorporated properties within the City of Tigard boundaries.The city has received very little response to inquiries regarding annexation interest. The policy issue is whether the council wants to change its policy with regard to these areas relevant to the question of annexation. ■ Address the county's request that the city investigate annexation of unincorporated areas of Bull Mountain and Metzger. o Councilor Buehner recalled that Associate Planner Pagenstecher presented an extensive amount of research about island areas to the City Council in 2009. When it is time to review this policy,this research will be helpful. o Councilor Snider said the policy discussions on the separate issues might not be very divergent;however,the legal procedures might require more study and consideration on how to move forward. Mayor Cook suggested that island and other potential annexations be discussed together initially. He acknowledged the approach and procedures would likely need to be addressed separately. TIGARD CITY COUNCIL MEETING MINUTES—FEBRUARY 11,2014 City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 www.tigard-or.gov I Page 7 of 14 o Council President Henderson referred to the last study on annexation,which is now ten years old. Much of this information might still be relevant and he suggested this could be used as a starting point for decision making. Councilor Buchner commented that about 20 percent of the land included in the study is now in the city. City Manager Wine agreed the study has value and agreed it needs to be updated to reflect what areas remain as unincorporated. o Mayor Cook said the City of Forest Grove recently annexed all of its islands at the end of 2013. At the state legislature's short session,there is a bill proposing a change to rules for island annexations over 100 acres. o Councilor Buehner noted current law allows cities to mandate annexation of islands, but if any annexation involuntary,the newly annexed property owner would not have to pay city taxes for three years. Motion by Councilor Woodard,seconded by Councilor Snider to adopt Resolution No. 14-10. ® RESOLUTION NO. 14-10- A RESOLUTION AMENDING RESOLUTION 07-13 TO EXTEND THE INCENTIVES FOR VOLUNTARY ANNEXATION OF UNINCORPORATED LANDS TO THE MUNICIPAL CITY LIMITS TO FEBRUARY 2015 The motion passed by a unanimous vote of City Council present: Mayor Cook Yes Council President Henderson Yes Councilor Buehner Yes Councilor Snider Yes Councilor Woodard Yes 9. CONSIDER TEMPORARY PROHIBITION ON MEDICAL MARIJUANA DISPENSARIES Associate Planner Floyd presented the staff report and City Attorney Rihala was available to answer questions. • There is need for clarification regarding cities'obligations and authority in the matters around medical marijuana dispensaries. There are many outstanding questions the city needs to address in the near future. The matter was prompted by recent inquiries about whether and how private entities could operate a medical marijuana dispensary within the city. • Staff drafted an ordinance stipulating a temporary prohibition to allow council time to study the matter and come up with a considered response. There is an automatic sunset to the ordinance,so it will not represent a permanent ban. The intent is to create some time for council consideration and action. TIGARD CITY COUNCIL MEETING MINUTES—FEBRUARY 11,2014 City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 www.tigard-or.gov I Page 8 of 14 • The proposed ordinance would take effect through a new chapter in the Tigard Municipal Code,Chapter 5.24. The proposal was drafted to emulate a similar approach that other cities in Oregon have adopted. • It would be beneficial for the council to take additional time to study the issue and identify challenges to determine what can be practically enforced within the scope of authority of the city. This time would allow for public outreach efforts to determine the community's stance on the issue. • During the next year,there might be decisions rendered on legal challenges. Knowing the outcome will be helpful to clarify issues so the council can make a more informed decision. This time period will also give time should the state legislature adopt clarifying legislation. • Associate Planner Floyd said communities are most successful in regulating this type of facility when doing so in a proactive manner. Council discussion: • Mayor Cook clarified there are other issues coming up regarding this subject matter and pending decisions are unknown;i.e.,in the short Oregon legislative session, there is a discussion to clarify whether municipalities can even make rules associated with marijuana. Also there is a petition being circulated to submit a measure on the November ballot to legalize marijuana in the State of Oregon. The matter before the council tonight is not to debate the issue of medical marijuana,since it is legal in Oregon. Regulations regarding where a dispensary can be located are in place,so the council will not be debating related issues. The matter before the council tonight is to determine whether to hold discussions in the coming months regarding land use and marijuana dispensaries. • In response to a question from Mayor Cook,Associate Planner Floyd advised that if someone wanted to open a dispensary in Tigard, staff would have to deny the permit. Even though medical marijuana is legal in Oregon,the Tigard Development Code explicitly stipulates a permit cannot be issued for activities that violate federal law. However,there would be circumstances where a permit would not be required and this type of dispensary could operate in the city;i.e.,a dispensary in a larger store. City of Tigard's authority with regard to medical marijuana dispensaries is questionable in some areas. • Councilor Snider said he understands the proposal tonight would allow the council some time to carefully consider the land use implications and what it means to the city. Currently there are too many questions associated with state law and,in addition,there are conflicts between state and federal law. The purpose of the ordinance would be to say no to such dispensaries to give council time to"figure it out." • Councilor Woodard commented about the issues between state and federal regulations and whether there is a way to work around this conflict. He said the city needs to be prepared for land use issues. Councilor Snider acknowledged Councilor Woodard's comments insofar as the council should be settled in its policy should recreational marijuana become in legal Oregon. • Councilor Buehner said she believes this topic will be pre-empted and cities will be unable to act on a local level. She says she is conflicted on the issue noting that,in general,she does not approve of medical marijuana. Due to personal health circumstances,she is aware that TIGARD CITY COUNCIL MEETING MINUTES—FEBRUARY 11,2014 City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 www.tigard-or.gov I Page 9 of 14 there is some evidence that marijuana in some forms is an effective treatment. She agrees the council should hold further discussions. • Councilor Woodard noted his concerns for the implications to youth and potential detrimental outcomes if recreational marijuana use is legalized. He agreed a proactive approach by the city is advisable. • Councilor Snider and Councilor Woodard commented on the state-regulated process for alcohol sales. Councilor Snider suggested a review of whether the alcohol regulations (land use related) might transfer to marijuana sales. • In response to a question from Councilor Snider about whether there is a risk with the short-term prohibition proposed by the ordinance,City Attorney Rihala said she did not think there was a risk. Several entities have chosen a similar route. There are differing opinions regarding how much regulation cities can impose and whether they are pre-empted. The State Health Authority has adopted administrative rules on dispensaries,which include that in addition to state regulations such dispensaries also have to comply with local regulations. City Manager Wine clarified that these administrative rules will become effective March 1,2014. • Associate Planner Floyd,to respond to Councilor Snider's earlier question,advised that eating and drinking establishments are regulated by land use regulations. Other activities, such as adult entertainment are regulated. He also noted that the Oregon Liquor Control Commission works cooperatively with local police departments. There are land use regulations in place that can be"piggy backed"upon when looking for ways to regulate marijuana dispensaries. • Associate Planner Floyd advised the proposed ordinance would expire December 31,2014. Council could extend the ordinance or,if deemed appropriate,revoke the ordinance before December 31. • In response to a question from Councilor Buehner,City Attorney Ramis advised the pre- emption process in the legal arena is only at the argument stage;there is no pending litigation on the subject. • Councilor Woodard noted there are forms of the attributes of marijuana currently available by prescription. He noted the need for local land use regulations to benefit the city and especially the youth. Councilor Buehner noted some of the mainstream news reports about medically accepted benefits for certain treatments. • Mayor Cook said he would like to begin discussions at the council level after the short legislative session adjourns. This matter will be scheduled for a workshop session in the next couple of months. • Council President Henderson noted the need to hear from Tigard residents about how they feel about this matter as the council moves forward in its discussion. Motion by Councilor Snider,seconded by Council President Henderson,to approve Ordinance No. 14-04. City Recorder Wheatley read the number and title of Ordinance No. 14-04: TIGARD CITY COUNCIL MEETING MINUTES—FEBRUARY 11,2014 City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 www.tigard-or.gov I Page 10 of 14 ORDINANCE NO. 14-04— AN ORDINANCE RELATING TO MEDICAL MARIJUANA FACILITIES;ESTABLISHING NEW TIGARD MUNICIPAL CODE CHAPTER 5.24;AND DECLARING AN EMERGENCY The motion passed by a unanimous vote of City Council present: Mayor Cook Yes Council President Henderson Yes Councilor Buehner Yes Councilor Snider Yes Councilor Woodard Yes IR 10. COUNCIL LIAISON REPORTS Councilor Woodard gave an update on a recent Parks and Recreation Advisory Board meeting. The Pedestrian/Bicycle Subcommittee will host a meet at Max's Brew Pub on February 14. On February 15 an organized biking event will be held featuring East Butte Heritage Park,Jack Park and Tigard Street areas. During a brief discussion,Councilor Buchner expressed her desire for additional activities celebrating the recent work completed for several parks. Mayor Cook said the event Friday, February 14 is called the"openings of our new parks." Tigard has four new parks either completed or have had some changes. The event will include some acknowledgement of work done at Cook Park, the Fanno Creek Trail,Jack Park,and East Butte Heritage Park. The question to resolve is to determine if there is a ribbon cutting planned for later. City Manager Wine said she will check with staff and report to council whether an additional celebration for these new and improved parks is planned. 11. NON AGENDA ITEMS 0 Council President Henderson proposed a resolution to oppose Ballot Measure 34-210,a measure to adopt a Tigard policy opposing new high capacity transit corridor projects,on the March 11,2014 ballot. He noted council members have not seen this proposed resolution and asked if the council members would like to review it. 8 Mayor Cook called for a recess in the meeting to allow staff time to make copies to distribute to the City Council and for the city attorney to review. Meeting recessed: 9:09 p.m. Meeting reconvened: 9:11 p.m. TIGARD CITY COUNCIL MEETING MINUTES—FEBRUARY 11,2014 City of Tigard 1 13125 SAY'Hall Blvd.,Tigard,OR 97223 www.tigard-or.gov I Page 11 of 14 MCouncil President Henderson advised he was bringing the proposed resolution to the council as he believes some of the wording in the ballot measure would place the council in a situation to adopt a policy that was not beneficial to Tigard. He noted his position is based on what he believes to be in the best interest of his constituents. MCouncilor Snider noted the copy he was viewing was stamped with a "confidential"watermark. This is a public meeting and,therefore,the document cannot be considered confidential. Council President Henderson confirmed this is a copy of his draft and he does not consider it to be a confidential document. MCouncilor Buehner said issues that concern her about the ballot measure are the items contained in the measure that have nothing to do with high capacity transit. The city has limited resources for roads,trails and sidewalks. One of the benefits of continuing in the transportation study process is the opportunity to learn of financing sources to assist with transportation improvements. If this measure passes,she is concerned the city will be prevented from doing a lot of local improvements due to the inability to access some financial resources. MCouncilor Snider commented that as councilors they can take policy positions on a measure whereas the city itself cannot take a position on a measure. Mayor Cook confirmed this as long as the councilors/council do not use any staff time or city resources,which is why he believes Council President Henderson drafted the proposed resolution and brought it forward. City Attorney Ramis said that taking a position on a measure is within the council's authority. MIn response to a question from Council President Henderson,City Attorney Ramis advised he just finished reviewing the draft resolution. He said he thinks there might be some minor edits in terms of format and typographical errors. MCouncilor Snider advised he opposes the initiative for many of the same reasons voiced this evening and for reasons he has stated in a number of other public forums. The proposed ballot measure stymies the council's abilities to plan for the future. He is concerned that each councilor has stated in some public forum that he/she is opposed. He said that,in concept,he could support the resolution proposed by Council President Henderson. MCouncilor Woodard commented that in his discussions with the younger generation,this issue is confusing. Should the measure pass,the city would be telling the county,state,region and federal government that Tigard is opposed to high capacity transit in any form. This impacts the ability to plan for not only high capacity transit but in planning trail systems. Another concern is that if the city wants to control its destiny,"we need to be at the table" so the planning efforts of the rights of way do not fall to someone else. The city might not have any say on how future transit corridors are planned. The City Charter currently requires voter approval for any new city fees or revenues for light rail construction in Tigard. He noted his empathy for people who are concerned about TIGARD CITY COUNCIL MEETING MINUTES—FEBRUARY 11,2014 City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 www.tigard-or.gov I Page 12 of 14 negative changes to the community;however,he called for planning to avoid the possibility of the worst-case scenario becoming reality. ® Councilor Buehner said she believes she has been clear that if and when there is any rapid transit that,in no case,would she support its route along 99W. 8 Council President Henderson noted the costs associated with the proposed measure and the lack of apparent benefit in the long run with the passage of the measure. He thinks someone needs to take the stance to state that"this should not happen." This was the"push" for him to decide to propose the resolution now before the City Council. 0 Councilor Woodard commended Council President Henderson for bringing this forward. 0 Councilor Snider asked the City Attorney if he had any concerns about the format of the resolution,which could potentially change the meaning or be of concern in a content perspective. City Attorney Ramis said no,he has noted his edits and will give them to the City Recorder. Motion by Council President Henderson, seconded by Councilor Snider,to approve Resolution No.14-11. RESOLUTION NO. 14-11 —A RESOLUTION OPPOSING BALLOT 34-210,A MEASURE ADOPT TIGARD POLICY OPPOSING NEW HIGH CAPACITY TRANSIT CORRIDOR PROJECTS ON THE MARCH 11,2014 BALLOT The motion passed by a unanimous vote of City Council present: Mayor Cook Yes Council President Henderson Yes Councilor Buehner Yes Councilor Snider Yes Councilor Woodard Yes 12. EXECUTIVE SESSION: Not held. 13.ADJOURNMENT—9:24 p.m. Motion by Councilor Snider,seconded by Councilor Woodard,to adjourn the meeting. TIGARD CITY COUNCIL MEETING MINUTES—FEBRUARY 11,2014 City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 www.tigard-or.gov I Page 13 of 14 The motion passed by a unanimous vote of City Council present: Mayor Cook Yes Council President Henderson Yes Councilor Buehner Yes Councilor Snider Yes Councilor Woodard Yes C C� Catherine Wheatley,City Recorder Attest: Mayor,Ci f Tigard Date: 'U ' /G�l-G2 o�r`�� a J!` 4 TIGARD CITY COUNCIL MEETING MINUTES—FEBRUARY 11,2014 City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 www.dgard-or.gov I Page 14 of 14