City Council Minutes - 09/23/2014 Citv of Tigard
Tigard City Council Meeting Minutes
. . . September 23, 2014
TIGARD CITY COUNCIL AND LOCAL CONTRACT REVIEW BOARD
6:30 PM STUDY SESSION
Council present: Council President Henderson,Councilor Snider, Councilor Woodard,Mayor Cook
Staff present: City Manager Wine,Assistant City Manager Newton,Library Director Barnes, HR
Director Bennett, Finance Director LaFrance, Public Contracts Manager Barrett, City Attorney
Ramis and City Recorder Krager
1. Discussion on Upcoming Contracts
Public Contracts Manager Barrett gave background information on a contract for an
automated materials handling (AMH) system for the library. He said Tigard's library has the
fourth highest circulation,in amount of materials,among Washington County's Cooperative
Library Service member libraries. The library currently circulates over 1,325,000 items
annually and this is projected to increase. An RFP was issued in July and staff is
recommending a contract award to Lyngsoe Systems, Inc. for the Library's AMH system.
The grading system for the RFP was discussed in response to a question from Mayor Cook.
Mr. Barrett said staff can bring the proposal analysis to the October 28, 2014,meeting when
this contract will be considered by the LCRB. Library Director Barnes said the AMH system
capitalizes on the RFID chips. The Beaverton and Hillsboro libraries also use this
technology. Mayor Cook noted that holes will need to be cut in the walls for the conveyor.
Library Director Barnes said an "up and over" conveyor will be used which is less disruptive
to work room functions. She said this will maximize the Library's efficiency and return items
to the shelves more quickly.
Finance and Information Services Director LaFrance said there is $300,000 budgeted for this
one-time purchase.A transfer of$25,000 is required from the general fund contingency.
$20,000 is the ongoing maintenance cost,which is not uncommon, and the first year's
maintenance was included in the bid. City Manager Wine clarified that the bid award is what
is coming before council on October 28, 2014, and the appropriation will be a separate
action.
Councilor Snider requested that staff demonstrate value to the taxpayers in the form of
metrics about material cycle time, etc. Council had no further questions on the contract.
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A Boy Scout and his father were present at the Study Session and commented that they
patronize the libraries at both Tigard and Beaverton.Beaverton's circulation process is much
faster because they have an AMH system.
• EXECUTIVE SESSION: The Tigard City Council entered into Executive Session to
discuss labor negotiations, and litigation or litigation likely to be filed,under ORS
192.660(2)(d) and (h). The Executive Sessions ended at 7:20 p.m.
• ADMINISTRATIVE ITEMS:
o Assistant City Manager Newton updated council on the Washington County Vehicle
Registration Fee. If passed,Tigard will need to identify projects to pay for with their
share of the collected fees.
2. BUSINESS MEETING—September 23,2014
A. 10 At 7:33 p.m. Mayor Cook called to order the City Council and Local Contract Review
Board meeting.
B. City Recorder Krager called the roll:
Present Absent
Council President Henderson ✓
Councilor Snider ✓
Councilor Woodard ✓
Mayor Cook ✓
Councilor Buehner ✓
C. Mayor Cook asked everyone to stand and join him in the Pledge of Allegiance.
D. Council Communications &Liaison Reports —None.
E. Call to Council and Staff for Non-Agenda Items—Mayor Cook had an item to bring
forward at the end of the meeting.
3. CITIZEN COMMUNICATION
A. Follow-up to Previous Citizen Communication—None.
B. Citizen Communication—Sign Up Sheet
19 Kirk Nelson of 9350 SW Tigard Street,in Tigard is the Facilities Manager for Kadel's Auto
Body. He spoke about an issue with a sign they would like to construct on 10925 SW
Greenburg Road. He said their drawings were approved on December 23, 2013 and the city
issued Kadel's a permit for$378. Because of this approval a non-refundable deposit was made
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on a time/temperature display sign costing$4,200. One week later they received a call from the
city that an electronic message sign is not allowed in their zone. The unit they ordered is strictly
a time and temperature display and cannot be used for any kind of messaging. They had invested
100 hours into this along with substantial money. He said this matter is subject to interpretation
of the code. Mr. Nelson noted that Kadel's has been in the process of upgrading the appearance
of their business,including painting the building and trimming their landscaping.Their current
sign has aged and is in disrepair. They looked forward to enhancing the curb appeal of their
business. They request to be allowed to proceed using the approved permit.
Mayor Cook commented that he could think of instances where exceptions were allowed in the
past. He asked staff to look into this and City Manager Wine said she or Assistant City Manager
Newton will follow up and then contact Mr. Nelson. Councilor Snider asked to be informed of
about how this issue is resolved.
4. CONSENT AGENDA:
10 Mayor Cook announced the items on the Consent Agenda.
A. APPROVE CITY COUNCIL MINUTES
• July 8,2014
• August 12,2014
B. ADOPT RIVER TERRACE STORMWATER MASTER PLAN
RESOLUTION NO. 14-42—A RESOLUTION TO ACCEPT
THE RIVER TERRACE STORMWATER MASTER PLAN
C. AUTHORIZE THE CITY MANAGER TO SIGN A WASHINGTON COUNTY
CONSOLIDATED COMMUNICATIONS AGENCY (WCCCA)
INTERGOVERNMENTAL AGREEMENT (IGA)AMENDMENT
Councilor Woodard moved and Councilor Snider seconded the motion to approve the Consent
Agenda. The motion passed by a unanimous vote of those present.
Yes No
Council President Henderson ✓
Councilor Snider ✓
Councilor Woodard ✓
Mayor Cook ✓
Councilor Buehner (Absent)
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5. CONSIDER A HERITAGE TREE NOMINATION
HAssociate Planner Kowacz gave the staff report. The council would be considering the
designation of a black walnut tree,located at 10525 SW Tigard Street,as a heritage tree. She said the
tree has an interesting history and grew from a seed gathered from the battlefield in Gettysburg in
1933. The tree is approximately 75 years old. As required by the city code it was inspected by an
arborist.Arborist Todd Prager's report is included in the council packet for this agenda item.The
nomination was received on May 1,2012 and reviewed by the Park and Recreation Board (DRAB)
on May 12,2014. PRAB found that it complies with Heritage Tree requirements and recommends
council approval of the nomination. She said if the tree is nominated it is eligible for incentives
including a plaque,maintenance and funding. She said the City of Tigard spends about$1,000-
$2,000 per year on tree maintenance for the other four heritage trees. Council President Henderson
said he was in attendance at the PRAB meeting and was impressed that there is a tree in the
community from Gettysburg.
Mayor Cook asked if there were issues with heritage trees as there are with historical buildings
including nearby construction limitations. Ms. Kowacz replied that she did not see any but it could
be removed from designation if the owner goes through the process to remove. Council President
Henderson suggested that construction might be required to stay outside the drip line, for example.
Mayor Cook noted that the request from the tree owners first came to the city on May 1,2012,and
the matter did not go before the PRAB until May 12,2014. He asked why it took city staff so long
to respond when approached by the tree owners.
Council President Henderson said there was a change when the PRAB took the oversight of trees
from the defunct tree Committee. City Manager Wine said there was a combination of situations
including completion of the Urban Forestry Code revisions,transition of the city's arborist and
consolidation of the Tree Committee with the PRAB.
Mayor Cook said he does not want to see two years between requests and the city taking action.
Council President Henderson made a motion to add this tree as a Heritage Tree. Councilor
Woodard seconded the motion and it passed unanimously.
Yes No
Council President Henderson ✓
Councilor Snider ✓
Councilor Woodard ✓
Mayor Cook ✓
Councilor Buehner (Absent)
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6. RECEIVE UPDATE ON RIVER TERRACE DRAFT FUNDING STRATEGY PLAN
10 Finance and Information Services Director LaFrance said staff and FCS Group Consultant
Todd Chase will update council on the draft funding strategy for River Terrace. He said many
people deserve credit for this document but Consultant Chase and Senior Planner and River Terrace
Project Manager Shanks have done most of the "heavy lifting." He said Ms. Shanks will provide
background on the development of the strategies and communication with others, the process and
next steps. Consultant Chase will walk council through the recommendations. His slide presentation
is part of the packet for this meeting. Council was encouraged to ask questions.
CJ Senior Planner Shanks said work on five master plans was completed in the past year and three
have been adopted. In those master plans were lists of projects and costs identified with each. Staff
and the consultants and other agencies looked at each project, figuring out what should be on a list
of near-term projects based on what is known about each system and future development patterns.
Senior Planner Shanks presented a color-keyed map to illustrate future development locations in
River Terrace. The colors signify potential timing of property development.
■ Blue properties are owned by Arbor West Hills and are expected to develop in the near term.
■ Green properties have owners that are actively interested in selling or have made
arrangements with developers.
■ The yellow property is owned by Polygon and is expected to develop in the near term.
■ At least one of two red properties owned by Metropolitan Land Group is also expected to
develop in the near term.
■ Hashed lines indicate properties that are not expected to develop for a long time.
■ Gray property owners have stated they are not developing.
■ White means unknown status.
This information was used to develop the near-term list. In response to a question from Council
President Henderson, Ms. Shanks said sticky notes denote access to infrastructure and utilities.
Developers were invited to a funding strategy workshop and the notes highlight proximity of
particular infrastructure systems to their properties.
Senior Planner Shanks said the purpose of the funding strategy is to prepare a viable funding plan
for near-term and long-term projects, all of which have been identified in the master plans. FCS
Group has been working with staff for several months to develop different funding package
evaluation criteria to assist council in deciding the best funding scenario for Tigard and for each
system. This work will also help the community to understand and weigh in on the funding strategy
and scenarios for each system.
Senior Planner Shanks said the online survey Consider.IT posed questions and the majority of
community respondents said growth should pay for growth. The minority opinion was against
adding new taxes and fees. The Stakeholder Working Group (SWG) survey said the number one
thing for them was to have equity,with costs distributed equally among future residents, developers,
current residents and the city. A slight majority said River Terrace projects should be prioritized
over other city projects. Councilor Snider observed that it was not surprising that the River Terrace
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SWG thought River Terrace projects should be prioritized over other projects in the city and said
that their majority opinion of splitting costs equally is in stark contrast to the opinion of the others.
Senior Planner Shanks said there will be combined SWG/community meetings in October to gain
additional feedback which will help refine the final draft funding strategy to be presented to council
in December.
0 FCS Consultant Chase said planning long-term for hundreds of acres requires looking out 20-
25 years. He said it is akin to a carpenter who uses a micrometer to measure a board, marks it with
chalk and cuts with an ax—he's not going to get what he planned on up front. He said, "We used a
micrometer for the master plan updates. The chalk represents estimating what near-term projects
are needed to get the project off the ground over the next six years." This should establish enough
momentum to build the master plan out as planned. He said there is also an opportunity to update
funding techniques and resources that the city will use to build each system.
FCS Consultant Chase said council input is sought on the evaluation criteria,whether or not it
should be weighted,the appropriateness of the funding strategies and if any others should be
considered. He said there was some sensitivity in the community regarding who pays and when, and
this was taken into account. Basically four groups can pay:
■ General Fund—This is available but there is a risk to the city's general fund in terms of
how resources are allocated for future parks or other investments.The team is
recommending some general fund seed money for reimbursement districts.
■ City-wide residents could pay through utility rate increases.
■ Sub district or special districts could pay for local improvements such as strategies for
stormwater management.
■ Developers and property owners could pay through impact fees and charges.
Evaluation Criteria:
■ The team examined each funding bundle to determine which were distributing the costs
more equally. Another evaluation factor was the reliability of the funding. Would it generate
a predictable income stream the city could use to finance or get loans through advance
funding?
o SDCs do not tend to be reliable.
o Utility rates are reliable.
■ Does it facilitate development? This can be tricky because it is desirable to generate up front
funding for projects but if fees are too high it can be counterproductive to development.
■ Is it easy to implement and to administer?
o Will it take much staff time to administer?
o Does it require a public vote?
■ Ability to address near- and long-term needs.
The team created bundles of funding techniques and scored them by looking at weights. A list of
potential funding sources in urbanizing areas was discussed which all involve different timing, risks,
rewards, and burdens on different parties.
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■ Water—There are needs with and without River Terrace. Existing rates and planned utility
increases should be adequate to address these near-term needs.
o Scenario A would use utility fees (water) and SDCs will address near-term needs.
■ Sanitary Sewer—Clean Water Services (CWS) will address big projects with their capital
fund. They are moving ahead with the design of the north pump station and then in 4-5
years will consider design of a south pump station if development demands exist. The city is
currently working on Barrows Road trunk upsizing and Scholls Ferry Road trunk extensions.
Developers will fund laterals to sewer mains.
o City utility fees, SDCs and CWS capital funds should be enough to handle near-term
and even long-term sewer projects needed in River Terrace.
■ Parks—It is more challenging to put in all parks and improve them to the degree the city
desires without new funding sources. But in the near-term,existing funding sources would
be adequate for land acquisition and working with developers to acquire easements and land
for future parks. This will happen as development occurs. The city will need to be proactive
to acquire larger parcels using the parks fund balance. Scenario B is preferred.
o Existing parks SDCs will generate revenue for parks but this may not be enough to
maintain them.
o It is recommended that the city explore a parks utility fee for city-wide customers.
Mayor Cook asked for clarification that the parks fund balance referred to is from the
general fund parks balance and not from the$17 million park bond. Finance and
Information Services Director LaFrance said there are limited and unprogrammed bond
proceeds and existing parks SDC funds available. Council could reconsider where fund
balances are programmed for the future. Mayor Cook asked for a detailed analysis of park
bond spending. Mr.La France said staff is working on that currently.
Councilor Woodard asked if the recommended parks utility fee is for maintenance only.Mr.
Chase replied that it could be used exclusively for maintenance or based on a revenue
requirement that could include one project every five years,for example. Councilor
Woodard said he is concerned about maintaining all of the parks bond land acquisitions. He
would like to consider the utility fee and is pleased that there could be flexibility. Mr. Chase
said it doesn't need to be voter-approved but could be. In response to a question from
Councilor Woodard about a typical rate,Mr. Chase said it could run from$1 to$10 per
month. He said the city could also ask for a general obligation bond for park improvements.
A$10 million general obligation bond would cost$47.00 annually. He said grants will always
be pursued by staff but they forecast conservatively for that.
10 Councilor Snider said this is first time he has heard a discussion about the balance
between SDCs for River Terrace and what might be passed on to all Tigard citizens. He said
it appears that the parks SDC does not change and there is no premium for River Terrace.
Mr. Chase said all SDCs are in the process of being reviewed and updated. He said this
discussion will come back to council in January with recommendations for SDCs for parks,
transportation and stormwater. These are the current rates and he imagines there will be
options for council to consider in January-February. Councilor Snider said equity does not
seem like a 20 percent share among five different groups;the general burden should be
carried by the people causing the burden.
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Mayor Cook asked if the bond was city-wide. Mr. Chase it may be higher and would be city-
wide so it could be spent on any parks within the city. He said the park standards are not
higher in River Terrace than those in other parts of the city so it is hard to justify a higher
impact fee or disproportionate rate. Councilor Snider said he disagreed and Mr. Chase
replied that the parks would be open to all residents. He agreed with Councilor Snider that
there may be some types of facilities such as neighborhood pocket parks that would be more
focused on a sub-area.
Senior Planner Shanks pointed out that for water and sewer the funding status quo was
recommended because it works. There was only one scenario. For parks, transportation and
stormwater, there were different scenarios and if the recommended funding package does
not seem like the right fit, the team may need to reevaluate the criteria or weighting and
review other funding packages.
■ J FCS Consultant Chase said stormwater at River Terrace will be unique to each sub-
basin that will be developed. Regional facilities would benefit more than one tax lot. The
city has two options. One option is let the development community try to figure this out
on their own based on the impervious surfaces and the run-off they create. The other
option is recommended and that is to create enough revenue to seed a few reimbursement
districts every six years to pay for regional facilities. This would be advance financed with a
mix from many sources (utility fee, River Terrace surcharge and development charges) to
give the city a stable revenue source to bond or borrow against to create reimbursement
districts. These could be paid back to the city through builders as they develop.
Mayor Cook asked about the pros and cons of individual vs. regional stormwater facilities.
Senior Planner Shanks said regional facilities are what are recommended in the storm water
master plan. Regional facilities are easier for the city to maintain and they are also an
opportunity to develop community amenities.
■ Transportation is a challenge and the recommended Scenario is C. Mr. Chase said they
added up $139 million in projects in projects within,adjacent or to be considered as part of
other city impacts along with River Terrace. Input was received from Washington County
and developers that will be considered along with council feedback.
Near-term projects look manageable. These include a signal with intersection access on
Roy Rogers Road and Scholls Ferry Road and the first few segments of River Terrace
Boulevard. Other near-term improvements include local traffic calming in adjacent
neighborhoods.
o First Scenario: Creation of a new citywide SDC that assumes $6,000 per dwelling
unit on top of the Transportation Development Tax (TDT) that Washington
County has calculated the city collects. There would also be an urban renewal
district in River Terrace with a 15-20 year sunset,creating funds through property
taxes for transportation improvements. There is precedence for this in Oregon. It
can also be used not only for roads,but for fire or police stations
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Mayor Cook said his concerns about an urban renewal district are that Tigard already
has one,there has to be a full vote of the city,and he thinks the next urban renewal
area should be the Tigard Triangle or somewhere where there is a commercial aspect.
He said to get an urban renewal district requires buy-off from the school district and
fire district, agencies that will have their needs increased by the very same
development. He said the development will occur there anyway. Councilor Snider
agreed. Mr. Chase said the taxes can be shared now,where it used to be all or
nothing. It could also sunset earlier.
Council President Henderson said Tigard has already has a hard time implementing
its current urban renewal district. Mayor Cook asked about a street fee that was used
in Bethany, specifically paid by people that moved into that area. He said Scenario C
does not have a street fee but a surcharge could be added to the street fee just for the
River Terrace area. Mr. Chase said North Bethany has a county service district which
is a property tax. This cannot be done in River Terrace because it is incorporated.
There could be a special stormwater district. He said this could alleviate some need
for Local Improvement Districts or General Fund transfers. Mr. Chase said he
would take this to heart and modify the scenario.
Councilor Woodard said he preferred Scenario D. He said he was less favorable to
an urban renewal district but liked the addition of street maintenance fees
SCJ Mayor Cook said input he heard from Citizen Advisory Committee meetings
indicates concern about the boulevard and its cost. He asked if there should be a
discussion on the funding requirement prior to the one on how to raise the funds.
Councilor Woodard said it has a lot to do with the scope and while expenditures for
the south side are farther off in the future,the main collector road cannot just stop;
it has to be completely built out. He asked what the figure was for near-term
projects. Council President Henderson said Page 22 in the draft report shows the
near-term amount for transportation is$13 million and long-term is$126 million so
the answer is between those figures. Mr. Chase commented that there is an even
larger project list showing 300 projects for$2 billion that is not being shown tonight.
He said it is a matter of scope and timing. He said there may be a way to phase
some segments of River Terrace Boulevard so that it meets the plan goals. Councilor
Snider said the current council may have to leave funding for the later projects to a
future council because of the difficulty to predict what will happen in 20 years.
Mayor Cook said he wanted to return to the comments he heard from around the
room at the CAC meeting. The majority were asking why the cost of the $40 million
boulevard cannot be lowered to$20 million. Councilor Snider asked if$40 million is
an accurate estimate for River Terrace Boulevard. Senior Planner Shanks confirmed
that is the estimate for the trail,collector street and landscaped median.
Senior Planner Shanks said the$139 million figure is large and in some ways
misleading because it includes items that River Terrace is not paying for completely
including widening Roy Rogers to five lanes. The TSP list is grouped by streets that
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are completely within River Terrace, streets that are adjacent but county facilities,
offsite improvements related to existing neighborhood connections, or portion of
improvements based on River Terrace impact to a 99W intersection. She said this is
a laundry list including everything and is typical of a TSP. She addressed Mayor
Cook's comments about the CAC group's cost concerns and said, "We all have that
concern. Transportation is the most challenging thing to fund. Even putting River
Terrace Boulevard aside,it is the most expensive and difficult thing to fund." She
said they are looking for a third source to go with the TDT and a River Terrace or
citywide SDC.
Councilor Snider said he cannot make decisions on what the River Terrace funding
strategy should look like for transportation when he is looking at a bigger pie. Senior
Planner Shanks said that information was helpful to her. She added that staff would
be in conversation soon with the county about how MSTIP fits into any of
urbanizing area funding strategies. Mayor Cook said he agreed with Councilor
Snider and suggested first figuring out what can be paid by Washington Country or
by a Metro grant,look at what is River Terrace specific, and then find out if the
number can be pared down before ranking funding strategy options.
Consultant Chase said he understands from council that the approach should be a
combination of things: fine tuning the list, carving out projects not directly caused by
River Terrace, and then sharpening the funding strategy on projects that are focused
on the city. Projects must be prioritized because some may not happen in the 20-
year window. He added that the list should be kept simple and have easily
implementable projects that are more realistic in the near-term. He said they will
return with a revised Scenario D.
Mayor Cook said this topic is not scheduled again until December and asked whether
council should see things sooner. He said it was his understanding that this phase of
planning would be complete in December but he is hearing tonight that SDCs will not be
discussed until January. Finance Director LaFrance responded that there are two separate
issues.
1. The funding strategy document before council tonight is what will be adopted in
December along with components of the River Terrace Community Plan. The
financing strategy is not binding and does not tie the hands of future councils.
It provides a road map to council and staff and identifies what needs to be worked
on first to get things in place by July 1, 2015.
2. Implementation strategies include SDCs and these will be discussed in January. Work
has already begun on SDC development.
Finance and Information Services Director LaFrance suggested that prior to the December
meeting staff prepare an updated draft financing strategy plan for council to review and
comment on, distributed in a Thursday packet. This could provide an interim step between
this meeting and the decisions in December. He added that if council desires to attempt to
fit in another meeting before December that could also be done.
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Mayor Cook said this would be helpful. He suggested that the timing of the overall plan
discussion be rearranged so that the most challenging one—transportation -be discussed
first and water last. He asked if council had to wait until February to have the discussion on
the projects in the transportation system plan.
Councilor Woodard expressed concern about the project getting backed up and said it is
concerning to him that it took 18 months to get to this point. He said a commitment was
made to the project three years ago. It was his understanding that council would have
enough information to "close the deal" in December. He said a delay would be concerning
to developers.
lC 1 Community Development Director Asher addressed Councilor Woodard's concern and
said he wanted to reassure all River Terrace stakeholders,including developers. He said "Our
development group is anxious to build. We are going as fast as we can possibly go. There is
risk to the city if we go too fast." He noted that the schedule is to get the Community Plan
adopted by the end of the year,which was identified as a council goal. He said there will still
be some unanswered questions such as what the SDC will be and what are the projects on
each list. All of the implementation decisions cannot be made by the end of 2014 but there is
a commitment to make them by the end of the fiscal year. He said that the city cannot accept
land use applications yet but it can work with developers on their land use plans to make
sure their applications are complete and technical advice is offered. Development can be
facilitated prior to the implementation of the SDCs to ensure that dirt can be moved in the
summer of 2015.
Councilor Snider asked Community Development Director Asher based on his experience
with this prior projects in other areas, how fast this is traveling. Community Development
Director Asher replied, "70 miles an hour, every week since we started this project. We are
the community development department; not the community planning department...We
want to get to building permits and development,just like our stakeholders." He said
however the law, the state and the region have requirements that the city must follow. He
said the project is complicated and there are hard decisions that council must now make.
The burden is shifting to the council which will need to decide how fast or slow to go and
how much deliberation time it wants to take. He commented that the recent development in
North Bethany took 7-8 times longer,maybe going,"20 miles an hour." Senior Planner
Shanks expressed agreement with Mr. Asher's comments.
Mayor Cook said he did not mean to imply that staff was not moving fast enough or that
there is stalling. He said what is being proposed tonight possibly adds another year to the
building season. Community Development Director Asher said he did not see how things
could move any faster. He said, "When the council made the goal and said 18 months, the
council probably did not have a full sense of what this entire scope of this project and
process entailed. I know I didn't,because this kind of thing is complex." He said everyone
has the same goal and their job is to make sure the council has the best information possible
when they make their decisions. Councilor Snider said this is the perfect example of
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considering projects from a good, fast or cheap perspective and you can always get two of
the three. He said if we want it to be good and fast,it will probably not be cheap.
Community Development Director Asher said Metro is paying for the planning. There is
infrastructure that must be in place, such as the pump station, before permits are issued.
Council President Henderson said he would like to see a timeline for the project.
Community Development Director Asher said staff is preparing one that is nearing
publication. He said a discussion was held with the City Attorney today regarding land use
notices, etc. Council President Henderson requested one additional Workshop session.
Councilor Woodard referred to Mr. Asher's comment on moving dirt this summer and asked if he
was referring to sewer and storm systems or if he meant permits could be issued for site prep on
private land for development. Community Development Director Asher said public facility permits
could be issued this summer which allow for site grading,road beds and site preparation for
development on private land. He said an implementation packet would need council approval by
June 30 at the latest so things can get started on July 1. Mayor Cook said some developers want to
know what it is going to cost them to build before they can decide to plat.
Councilor Woodard complimented the team on doing a great,professional job and moving so
quickly. Finance and Information Services Director LaFrance said the last PowerPoint slide is on
policy considerations but council already brought up every one.
Councilor Snider commented that council is expressing a desire to not be a barrier. Community
Development Director Asher said a lot of the staff's work is finished and there is now a transition
into decision making, for the planning commission in November and the city council in December.
He said staff will follow soon after with SDC and financing updates. He offered assurance that staff
and the consultants will do everything possible to make sure council is prepared to make their
decisions.
7. 0 LEGISLATIVE PUBLIC HEARING—CONSIDER AN ORDINANCE TAXING THE
SALE OF MARIJUANA AND MARIJUANA-INFUSED ITEMS
a. IR Mayor Cook opened the public hearing at 9:24 p.m.
b. Hearing Procedures — City Attorney said this is a legislative proceeding and anyone
may testify.
C. Staff Report: Finance and Information Services Director LaFrance said this is the
second discussion council has had regarding a tax on the sale of recreational
marijuana and marijuana-infused products. He said there is a measure on the
November ballot that would legalize the sale of recreational marijuana in Oregon
While there is nothing in current law that prohibits cities from taxing marijuana, the
initiative most likely to be considered by voters contains language that the State has
exclusive rights to tax marijuana.
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Mr. La France said the ordinance under consideration would give the city,if the
ballot measure is approved, the ability to tax recreational marijuana. Oregon cities
currently have the authority to tax the sale of marijuana and marijuana-infused
products. If council wants to impose a tax on marijuana,it would need to be on the
books 30 days before the election.
Discussion was held on administering the tax. Finance Director LaFrance said staff
and the city attorney removed an item from a proposed version of the ordinance that
would have allowed retail outlets to retain 5 percent of their taxes to cover
accounting costs;and two clauses were added for a $500 privilege tax on any
establishment that allows marijuana consumption, and a $1,000 annual privilege tax
for marijuana grow sites existing in Tigard
d. Public Testimony—No one signed up to speak.
- Proponents
Opponents
e. Staff Recommendation—Finance and Information Services Director LaFrance said
staff recommends approval of the ordinance.
f. Close Public Hearing—Mayor Cook closed the public hearing.
8 Councilor Snider said there will be legal questions if the measure passes. Councilor
Woodard said there should be some form of tax that helps cover police services made
necessary by the existence of the dispensaries. He said the implications and costs to the
community if marijuana is legalized are unknown.
Councilor Snider asked if there should be a statement in the ordinance that if any of it is
found not to be legal, the rest of it stands. City Attorney Ramis said this is provided for in
Section 2 in a severability clause.
Mayor Cook said these may not be the right numbers but over time the city will figure out
what those are and having this ordinance on the books allows them to be changed.
g. Council Discussion and Consideration of Ordinance 14-12
Councilor Snider moved for approval of Ordinance No. 14-12. Councilor Woodard
seconded the motion.
City Recorder Krager read the number of title of the ordinance.
ORDINANCE NO. 14-12—AN ORDINANCE ESTABLISHING A TAX
ON THE SALE OF MARIJUANA AND MARIJUANA-INFUSED
PRODUCTS IN THE CITY OF TIGARD
TIGARD CITY COUNCIL MEETING MINUTES—SEPTEMBER 23, 2014
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A roll call vote was conducted.
Yes No
Council President Henderson ✓
Councilor Snider ✓
Councilor Woodard ✓
Mayor Cook ✓
Councilor Buehner (Absent)
Mayor Cook announced that the ordinance was adopted by a unanimous vote of those present.
8. APPOINT NORMA ALLEY AS DEPUTY CITY RECORDER
City Manager Wine introduced this agenda item. Appointing a deputy city recorder to serve in the
absence or unavailability of the city recorder is provided for in the City of Tigard Charter.
Council President Henderson moved for approval of Resolution No. 14-43. Councilor Snider
seconded the motion. City Recorder Krager read the number and title of the resolution.
RESOLUTION NO. 14-43 A RESOLUTION OF THE TIGARD CITY COUNCIL
APPOINTING NORMA ALLEY AS DEPUTY CITY RECORDER
Yes No
Council President Henderson ✓
Councilor Snider ✓
Councilor Woodard ✓
Mayor Cook ✓
Councilor Buehner (Absent)
Mayor Cook gave Deputy Recorder Alley a City of Tigard pin and welcomed her as a staff member.
9. COUNCIL LIAISON REPORTS None.
10. NON AGENDA ITEMS None.
11. EXECUTIVE SESSION None.
TIGARD CITY COUNCIL MEETING MINUTES—SEPTEMBER 23,2014
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12.ADJOURNMENT
At 9:34 p.m. Councilor Snider moved for adjournment. Councilor Woodard seconded the motion
and all voted in favor.
Yes No
Council President Henderson ✓
Councilor Snider ✓
Councilor Woodard ✓
Mayor Cook ✓
Councilor Buehner (Absent)
zfazi
Carol A. Krager, City Recorder
Attest:
Mayor, 1Y
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TIGARD CITY COUNCIL MEETING MINUTES—SEPTEMBER 23,2014
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