City Council Packet - 08/19/1997
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j TIGARD
CITY OF
TIGARD CITY COUNCIL
WORKSHOP MEETING
AUGUST 19, 1997 6:30 PM
TIGARD CITY HALL I
13125 SW HALL BLVD
TIGARD, OREGON 97223
PUBLIC NOTICE:
Assistive Listening Devices are available for persons with impaired hearing and
should be scheduled for Council meetings by noon on the Monday prior to the
Council meeting. Please tall 639-4171, Ext. 309 (voice) or 684-2772 (TDD - I .
Telecommunications Devices for the Deaf).
Upon request, the City will also endeavor to arrange for the following services:
• Qualified sign language interpreters for persons with speech or hearing
j impairments, and
Qualified bilingual interpreters.
Since these services must be scheduled with outside service providers, it is
important to allow as much lead time as possible. Please notify the City of your
need by 5:00 p.m. on the Thursday preceding the meeting date at the same phone
numbers as listed above: 639-4171, x309 (voice) or 684-2772 (TDD -
{ Telecommunications Devices for the Deaf).
SEE ATTACHED AGENDA
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COUNCIL AGENDA - AUGUST 19, 1997 - PAGE 1
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AGENDA
r TIGARD CITY COUNCIL WORKSHOP MEETING
August 19, 1997
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6:30 PM
1. WORKSHOP MEETING
1.1 Call to Order - City Council az Local Contract Review Board
1.2 Roll Call
i 1.3 Pledge of Allegiance
1.4 Council Communications/Liaison Reports
1.5 Call to Council and Staff for Non-Agenda Items
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> UPDATE: CITIZEN INVOLVEMENT TEAMS
6:35 PM
2. UNIFIED SEWERAGE AGENCY AGREEMENT TO UPDATE FANNO
CREEK FLOOD INSURANCE STUDY
City Engineer
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6:55 PM
3. UPDATE: MERESTONE DAM PROJECT (121ST AVENUE)
Community Development Director
7:30 PM
4. UPDATE: VOLUNTEER PROGRAM
Assistant to the City Manager
7:45 PM
5. NON-AGENDA ITEMS
7:55 PM
6. EXECUTIVE SESSION: The Tigard City Council will go into Executive
Session under the provisions of ORS 192.660 (1) (d), (e), at (h) to
discuss labor relations, real property transactions, current and pending
litigation issues. As you are aware, all discussions within this session are
confidential; therefore nothing from this meeting may be disclosed by those
present. Representatives of the news media are allowed to attend this
session, but must not disclose any information discussed during this session. " ` .
8:30 PM
7. ADJOURNMENT i
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COUNCIL AGENDA - AUGUST 19, 1997 - PAGE 2
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Agenda Item No.--2.
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Meeting of
TIGARD CITY COUNCIL f
WORKSHOP MEETING
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MEETING MINUTES - AUGUST 19, 1997
1. WORKSHOP MEETING
1.1 Call to Order - City Council & Local Contract Review Board
Meeting was called to order at 6:40 p.m. by Mayor Jim Nicoli
1.2 Roll Call
Council Present: Mayor Jim Nicoli, Councilors Paul Hunt, Brian Moore, and Ken
Scheckla.
Staff Present: City Manager Bill Monahan; Greg Berry; City Engineer Gus Duenas;
Community Development Director Jim Hendryx; Finance Director Wayne
Lowry; Asst. to the City Manager Liz Newton; Duane Roberts, Associate
i Planner; John Roy, City of Tigard Property Manager; Public Works
Director Ed Wegner; and City Recorder Catherine Wheatley. _
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j 1.4 Council Communications/Liaison Reports
1.5 Call to Council and Staff for Non-Agenda Items
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Bill Monahan, City Manager, introduced Paula Walker, Acting Library Director. He
said that they hoped to fill the position by the end of January.
Mr. Monahan mentioned non-agenda items on Measure 50, the Triangle sewer
reimbursement districts, and the Downtown Visioning committee update. „
Ia. CIT UPDATE
Pamela Moyers, West/Central CIT Facilitator, reported on the concerns of the West/Central
CIT. They were primarily concerned about parks. They disagreed with acquiring land outside
1 of the city limits before it was annexed because of the loss of new construction fees. They
i wanted a city-wide comprehensive plan for parks and greenspaces, including small
i neighborhood parks. They were concerned about getting streets restriped before winter,
especially Gaarde and 121". Ms. Moyers said that she explained that the only land left for the
City to acquire for parks was outside the city limits and that such land would be annexed soon.
She also told them that the roads were split between city and county jurisdictions.
+ Mayor Nicoli said that the parks master plan was in process. The consultant should be hired in a
month. He explained that they were using only Metro greenspace funds for the parks purchased
outside the City, not City of Tigard funds. He said that they would pass the issue of small
neighborhood parks on the consultant.
TIGARD CITY COUNCIL MEETING MINUTES - AUGUST 19, 1997 - PAGE 1
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Liz Newton, Assistant to the City Manager, reported that one of the streets the CIT had
expressed concern about was on the City Engineer's list of streets scheduled for restriping. In
addition, she learned from the County that Gaarde and 12151 would be restriped before winter.
Gus Duenas, City Engineer, said that the contractor should be hired in two weeks.
2. UNIFIED SEWERAGE AGENCY AGREEMENT TO UPDATE FANNO CREEK
FLOOD INSURANCE STUDY
Mr. Duenas explained that information has come in since the late 1970s flood insurance study
for this area which indicated that the study had inaccuracies. He said that USA wanted to redo
the study in conjunction with the Fanno Creek Management Plan. He pointed out that without
accurate flood elevations they could not design the management plan projects properly nor could
j the people in flood elevations not included in the 1970s study obtain flood insurance. USA
proposed to split the $200,000 study cost between itself, Washington County, and the Cities of
i Beaverton and Tigard. He said that Tigard's share was $50,000 which could come from the
storm drainage SDCs. He asked for Council direction tonight so they could get underway
before the rains came.
Mr. Duenas introduced Lori Fahn, USA Water Resources Program Manager, Mark Jockers,
USA, and Roger Southerland, Kurashi & Associates.
Lori Fahn, Water Resources Program Manager, USA, mentioned that the cities and the
county were the designated FEMA flood plan management agencies, and had the responsibility
for asking FEMA to update the maps once the study was done. She said that USA agreed to
manage the project, using Kurashi & Associates as the consultants (they did the Fanno Creek
! ! Plan). All that would be needed was an IGA with USA.
Mayor Nicoli asked if the study would report the flows in addition to the elevations. Ms. Fahn
explained that they already had the flows from the Fanno Creek Plan. In this study the
consultant would do detailed cross sections of the creek in the field, and using that information
and the flows, calculate the flood elevations.
Councilor Scheckla asked what the impact would be on the bridges. Mr. Duenas said that the
information was too late for the Grant and Tiedeman bridges but would be useful in designing
the Tigard and North Dakota bridges. He explained that he thought that the Grant bridge would
be all right because it was higher than the surrounding area but the study would clarify that. He
said that the primary concern was that bridges not present an obstacle to the flow.
Councilor Scheckla asked if the City intended to replace other bridges in the future. Mr. Duenas
explained that the Tigard bridge, while structurally stable, did present a water quality problem
since the bridge was under water during flooding. He said that the North Dakota bridge was
1 marginal and in a couple of years could qualify for highway bridge replacement funding from
! the state. However the City would probably have to pay for the Tigard bridge. He explained
that with Hall being a state bridge, all the City could do was try to persuade the state to replace it
or to fix the water flow problem.
Ed Wegner, Public Works Director, reported that the State Bridge Inspector recommended
last week that the State work on the Hall bridge.
3. UPDATE: MERESTONE DAM PROJECT (121sT AVENUE)
TIGARD CITY COUNCIL MEETING MINUTES - AUGUST 19, 1997 - PAGE 2
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f Duane Roberts, Associate Planner, reviewed the history of this beaver dam that the County
Water Master declared illegal four years ago and directed the City to get the necessary permits
to legitimize it or remove it. The City was now finally through the permit process and ready to
design and construct the dam. He mentioned that the USA basin-wide management plan did not
support in-stream dams because of the problems they created. He pointed out that there were
mitigation measures they could take to reduce the impacts.
Mayor Nicoli asked what the estimated cost of construction was. Mr. Roberts said that the
estimated cost was $15,000 to $20,000. He explained that the $10,000 design cost was a high
end figure while the estimated construction cost included other costs associated with the project
such as grading and silt removal. He mentioned alternative funding sources for pond
revegetation (such as the tree fund or USA funds) and the possible availability of volunteer
labor.
Mayor Nicoli opened the meeting up to public comment.
> Ed Gallaher, 12140 SW Merestone, commented that the report was well-done and gave a fair
history of the issues associated with this dam. He said that he thought that the vast majority of
people in the area would like to see the dam with its pond remain. He mentioned that a deeper
pond with vegetation around it would provide better wildlife habitat by cooling the water. He
said that he would be interested in using some of the silt removed during dam construction to
raise the level of his backyard which was now at pond level.
Mr. Gallaher noted the research on native plants done by the teacher at Ballard who started the
Friends of Summer Creek. He spoke in support of using native plants to shade the area. He said
that he thought that they could talk these issues out during the design process. {
> Quinn Harvey, 12270 SW Summercrest, spoke for himself and his wife, Berle. He reviewed vp~
the changes to the creek since 1972 when they lived on its banks. It had been a meandering
crick in a lush vegetative area but turned into a pond when the beaver built the dam. They
supported retaining the pond for wildlife habitat but would like to see a management plan that
would keep the neighbors informed when action regarding the pond would be taken. He asked
to have a say in what happened in his backyard.
> Ron Wridge, 12399 SW Winterlake Drive, Friends of the Lake at 12151, said that he was the
designated neighborhood representative. He pointed out that the pond provided habitat for a
greater diversity of wildlife than Summerlake did with its grass down to the lake edge. He
stated that the water level has fallen significantly in the last two years (about 30 feet) but he has
not done any repair to the dam because he has been waiting for the permanent structure. He
complimented Mr. Roberts on his perseverance in pursuing the permit process.
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Mr. Wridge said that the dam was now virtually unrepairable. With the low water level, the
mosquitoes and the odor have gotten worse. He mentioned the numbers of people who viewed
the wildlife at the pond. He spoke in support of retaining and improving the pond. He held that
it was to the City's benefit to retain these kinds of spaces.
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1 Mr. Gallaher reported that, with the removal of the domestic geese four years ago and more
j public awareness of the problems with feeding the birds, the feeding of the geese and ducks has
decreased tremendously. He noted that it was a problem when the fowl population increased
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TIGARD CITY COUNCIL MEETING MINUTES - AUGUST 19, 1997 - PAGE 3.
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beyond the carrying capacity of the lake. He said that they have counted 45 different species of
1 birds at the pond.
Mr. Wridge asked the City to trap the 10 domestic geese that were not caught during the City's
last roundup, stating that he preferred having wildlife in the area over the domestic geese. He
noted that response to the ads placed by the City last time demonstrated a high demand for
domestic geese in the region.
Mayor Nicoli asked if the dam would raise the current water level. Mr. Roberts said that it
would be part of the design. Roger Southerland, Kurashi & Associates, mentioned the survey
information on the dam completed by his firm that was available to the City as public
information. He noted that the dam has been breached by at least 2.5 to 3 feet. He said that the
Fanno Creek study specified an elevation for the pond at the level remembered by the neighbors.
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Mayor Nicoli asked about the test reports on the sediment from the upstream lake. Mr. Duenas
said that the phosphorous content was high, and the same might be true for this pond.
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Mayor Nicoli asked about disposal of the silt dredged from the lake or this pond. Mr. Duenas
said that they would have to spread it out to allow the water to evaporate first. Ms. Fahn
d suggested further testing of the sediment from Summerlake because of the use of copper sulfate
4 in the past to control algae. Mr. Duenas said that he did not think that they would be able to
1 dispose of the silt by giving it to the neighbors because of the undesirable elements in it.
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Mayor Nicoli asked who owned the pond area. Mr. Roberts said that it was a city-owned
~ greenway. Mr. Gallaher clarified that the south side was city-owned but on the north side the
y, neighbors properties were partly covered by the water. He said that 50 feet of his property had
been under water until the level dropped so significantly. Mr. Harvey said that 10 to 15 feet of
his property was under water also.
l Councilor Scheckla asked for clarification on what could happen to the pond if the upstream
flow changed. Ms. Fahn explained that the Summer Creek drainage basin included up into the
Murrayhill area, back to the old quarry area, and part of Bull Mountain. Mr. Southerland said
that they studied the basin under three scenarios: current development conditions, established
Comprehensive Plan conditions, and the Metro 2040 scenario. He stated that he expected to see
a 20% to 30% increase in flows in Summer Creek.
Ms. Fahn assured Councilor Scheckla that the Murrayhill pond would not be shut off from the
drainage basin. In the future the flows would increase, not decrease, due to more water running
off the increased amount of impervious surface created by development. Mr. Southerland
explained that despite the increased flow, flooding in the area would not increase by much
because it was a good channel flow. He pointed out that the problem here was water quality, not
water quantity.
Mayor Nicoli suggested including the designated wetland portions of this area in the tree
replanting program.
i John Roy, City of Tigard Property Manager, commended the Council for discussing this
pond within the larger picture of Summerlake because the two were interconnected. He
concurred with the neighbors' suggestion for a management plan for the area to manage it for
a TIGARD CITY COUNCIL MEETING MINUTES - AUGUST 19, 1997 - PAGE 4
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water quality and wildlife habitat, and asked for Council consideration of this area during the
# process.
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The Council agreed by consensus to direct staff to bring back a formal request for Council
consideration.
4. UPDATE: VOLUNTEER PROGRAM
Ms. Newton presented the "Make a Difference in a Day" proposal. She reviewed the work of
the Volunteer Coordinator Committee (herself, Cathy Wheatley, Jeff Munro, and Jean Lindsay)
to identify volunteer opportunities in the City as part of creating a formal volunteer program.
The Committee recommended that the City participate in the national "Make a Difference in a
Day" day on October 25. Staff would unveil the formal program through presentation of a book
j listing volunteer opportunities available, and a simple brochure on volunteer opportunities. In
addition they would have volunteer opportunities available for groups or individuals to
participate in on October 25.
Ms. Newton mentioned staff suggestions for volunteers, such as Peer Court, tree planting, park
projects, Community Development inventorying, and mapping. She asked for Council's
feedback on the staff proposal. Mr. Monahan said that they were looking for signature projects
for October 25 to show success on that day. He suggested cleaning up the railroad right of way
3 from Hall Blvd. to the viaduct.
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Councilor Hunt suggested a staff volunteer coordinator position. Cathy Wheatley, City
Recorder, said that the Visioning Action Planning Committee has suggested that such a
I position be created. Ms. Newton mentioned an adjustment to the five year plan
j recommendation to reflect a volunteer coordinator position on instead of a mediation program j
! coordinator. Mr. Monahan reviewed the staff discussions on the need for this position and the i
potential benefits to the City.
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The Council discussed volunteerism in the City. Ms. Newton commented that a coordinator
provided consistency of contact and recognition to the volunteers. Mr. Monahan pointed out
that volunteer positions could further career plans by providing experience in a department and a
reference. Ms. Newton mentioned the interest from high school students in community
participation in order to get college scholarships.
Mr. Monahan mentioned the newsletter article next month on the "Make a Difference in a Day"
event. The Council agreed by consensus to move forward with the staff proposal.
5. NON AGENDA ITEMS
> Triangle Sewer Reimbursement Program
Mr. Monahan reviewed the prior Council discussion on this issue. He said that staff had
understood the Council direction at the last meeting as the City taking a more proactive stance in
the Triangle to provide infrastructure leading to economic development. Mr. Duenas would use
the neighborhood reimbursement program as a model to develop a commercial development
reimbursement program.
TIGARD CITY COUNCIL MEETING MINUTES - AUGUST 19, 1997 - PAGE 5
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j Mr. Monahan noted the case from last week in which the house was converting from a
residential use to a commercial use. In this instance, the property owners could proceed with
conversion because they had a septic system certified as functional by the County. They would
pay their portion of the reimbursement district into a fund, and agree to connect to the sewer
when the City put it in, paying the connection fee at that time.
Mr. Monahan explained that the Council could set the time limit for the district within which
anyone who connected to the sewer had to reimburse the City for their share of the district. The
residential district time limits were usually 15 years. Once the time limit was up, anyone could
connect to the sewer and pay only the connection fee, not the reimbursement portion. He
commented that the projected development in the Triangle would probably happen within 15
years, so the risk was slight.
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Mr. Monahan reported the concern of a citizen with a residence in the Triangle who asked if she
E would be forced to connect to a sewer installed through a commercial reimbursement district.
Mr. Monahan recommended that the City not force any residential use to connect if it had a
functioning septic system. However, if the residence converted to a commercial use, then the
owners had to connect. 1
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Mayor Nicoli asked how many streets in the Triangle had sewers. Mr. Duenas said that about
half of them did. He said that the staff would develop a logical plan for putting sewers in the
Triangle.
Councilor Hunt said that while he supported using the sewer program funds in the Triangle, he
did not support spending it up there if other areas of the City needed the money for sewers
worse than the Triangle did. Mr. Duenas reported that staff was looking for places to use this q
money because many of the remaining areas in the City without sewer were in difficult
topography unsuited to sewer lines. The cost for reimbursement districts in those areas was very
high.
Mayor Nicoli raised the issue of the City possibly paying for part of a reimbursement district if
the project was too expensive for the residents. Mr. Duenas recommended looking at what j
i would be a reasonable cost to assign to the residents for projects above $8000. Mr. Monahan
suggested that Mr. Duenas return with a report on this issue, including reimbursement work
done in the neighborhoods. Councilor Hunt asked for more information on the City sharing in
the costs of an above average cost reimbursement district. Mr. Monahan mentioned that this
report would help with the program budgets. Councilor Scheckla asked to include an update on
how many people have signed up in the reimbursement districts currently in place.
f The Council discussed the issue of financing for the residents. Mr. Duenas explained that it was
better for the residents to get a home loan from a bank than for the City to set up a repayment
i program.
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> Action Planning Committee
j Ms. Wheatley reported on the meeting held by the Visioning Downtown Action Planning
Committee to brainstorm ideas and to get input from people from other downtown areas, (such
J as the Sellwood and Moreland areas and Tualatin), on revitalizing a downtown. She mentioned
the emphasis by the Portland people on the importance of merchants/property owners working
with local government. She noted the Tualatin representative's report on their facade loan
program to help businesses improve their storefronts.
Ms. Wheatley reported the concerns raised by the Tigard downtown merchants. These included
cleaning up the downtown, the need for infrastructure (particularly sidewalks on Burnham), and
getting more merchants involved. Ms. Newton mentioned that the merchants did not feel that
the downtown was safe because of the transient population. While the other cities had that
segment of the population also, it was not as noticeable because there was so much activity from l
other segments of the population (families, etc.) that they "overwhelmed" the transient segment.
Ms. Newton mentioned that the one or two property owners in the NW 23`d area helped to
control the transient population by controlling who leased spaces, and what types of businesses
could locate in the area. Councilor Moore pointed out that downtown Tigard had a couple of
dozen property owners and could not use that strategy.
j Ms. Wheatley noted that there had been some concern about the speeding on Main Street. The
Sellwood/Moreland people said that the downtown wanted that pass through traffic. If they _
could slow it down enough for the people to see what was in the downtown, then those people
would come back later.
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Councilor Scheckla asked if parking was discussed. Ms. Wheatley said that parking did not j
come up as an issue. !
Councilor Moore asked if having the same core group of downtown merchants involved limited
the vision. Ms. Wheatley said that the panelists stressed that the revitalization of a downtown
had to be a partnership between the merchants and the City. She commented that a downtown
clean up on October 25 might serve as a focal point for that partnership.
Ms. Newton mentioned the issue of credibility. If the downtown merchants saw the City
actually doing something in the downtown, then that might spur more interest from the
merchants. Councilor Moore said that he thought that the City was in the best position to do
j something major in the downtown to get the momentum going.
Councilor Scheckla reported on his conversations with downtown merchants last week. He said
that the divisions among the merchants still existed. He spoke to the need for the merchants to i
unite as a group and iron out their problems before the City could help them. Councilor Moore
said that he thought the merchants would unite around something happening in the downtown.
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Mr. Monahan concurred with Councilor Scheckla's point. Ile reviewed the situation with the 15
minute parking spaces in the downtown implemented in November 1996. According to the
Council meeting minutes, the merchants agreed to enforce the time limits themselves, and not
l call the police, but they did call the police. He said that staff has discussed the issue and decided
to offer the City's services as a discussion facilitator at a merchant-initiated meeting to resolve
TIGARD CITY COUNCIL MEETING MINUTES - AUGUST 19, 1997 - PAGE 7
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the problem but that the City would not "fix" the problem for them. He said that they have
offered to the merchants the mediation services available to residents but he did not think that
} mediation would resolve the underlying issues.
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Ms. Wheatley commented that a Sellwood representative had said that the first thing that the
merchants needed to do was to get together and "agree to agree." While it was not uncommon
for merchants to have to work out their differences, they did have to get past those differences in
order to get something done.
Councilor Hunt asked if the Action Planning Committee could help in this situation. Ms.
Wheatley said that they were meeting Thursday to brainstorm ideas. She mentioned a
committee member's comment that something had to be done quickly in the downtown. E
Councilor Moore asked to see what ideas the Committee came up with. He reiterated that if the
merchants saw that the City was serious about doing something in the downtown, then they
might be interested in getting together.
Mr. Monahan asked what should be done with the feed & seed store lot. Right now it was
fenced off because of construction debris but the Council needed to decide whether to use it as a
gravel parking lot or to wait until they put the blacktop on. Its availability for parking could
help resolve some of the employee parking problem. Ms. Newton reported that her perception
of the merchants' response to the feed & seed lot issue when it was raised at the Committee
meeting indicated that they thought something good happening on it might act as a bridge
j between the north and south ends of the downtown.
Martha Bishop mentioned the panelists' emphasis on Chamber of Commerce involvement, and
the problem with infrastructure in the downtown.
> Measure 50
Wayne Lowry, Finance Director, reviewed that Measure 47 was invalidated by the passage of
Measure 50, and that they went through the budget processes using assumptions regarding the i
implementing legislation for Measure 50, SB 1215. He explained that the first of the two main
assumptions they made regarding Measure 50 was that in order to get their permanent tax rate
(which replaced the tax base) they would have to levy their full authority in the year 1997/98. fl
The second assumption was that the exception in Measure 50 for recently approved tax bases
would mean that the new piece of the tax base would be exempt from the cuts, and the old piece
would be subject to the cuts.
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Mr. Lowry explained that the state came out with a form that demonstrated an the interpretation
i that a jurisdiction could not split its levy, and a date of May 1996 for the levies. There was no
j provision for Tigard's tax base which was approved in 1994 but not levied until 1996/97. Staff
challenged the state's interpretation as expressed on the form. Armed with the City Attorney's
i opinion, staff successfully argued that the state's interpretation was incorrect. The result was
that the state deemed the City of Tigard's levy 100% not subject to the reductions under
Measure 50.
Mr. Lowry said that they were still subject to the secondary reduction, called "the calculation,"
which the state would handle. However instead of Tigard losing the projected $1.6 million, they
would probably lose only $200,000. He said that consequently the numbers given to Council
TIGARD CITY COUNCIL MEETING MINUTES - AUGUST 19, 1997 - PAGE 8
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several weeks ago were incorrect. He stated that this exemption was not a loophole but the true !
l interpretation of how Measure 50 was supposed to work as intended by its writer, Tom Brian.
Mr. Monahan explained that staff waited to bring this to Council until the issue was sorted out
because they did not want to give false hope. He recommended continuing to operate in as
j prudent a fiscal manner as possible but also to develop a financial plan for the future to use this
revenue in an appropriate fashion.
Mr. Lowry explained that in the past, a city lost its 6% annual increase if it did not levy at its
full rate. With this permanent rate, the City could levy at less than its full authority and not lose
the authority to levy the full amount in the future. This gave much more flexibility in long
range financial planning because they could levy the amount needed on a yearly basis.
Mr. Lowry mentioned that other jurisdictions have asked for exceptions at the legislature for
their levies for a variety of reasons. However these were requested exceptions to Measure 50,
not the natural exception that Tigard had.
Mayor Nicoli suggested convening an informal session with the Budget Committee in
November or December to begin drawing up a list of the City's needs. Councilor Hunt asked to
consider the Space Committee during that discussion. Mr. Lowry cautioned the Council against
using operating money for capital improvements.
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The Council discussed possible strategies. Mr. Lowry said that they only needed to revise the
i budget to spend money, not to receive revenue.
l Councilor Hunt suggested telling the Space Committee what happened. Ms. Newton explained
that the Committee was not at the point of discussing financing. Mr. Monahan suggested telling
the Space Committee that there were a combination of ways to finance the prcjact, including
allocating money from unencumbered resources from property taxes.
Councilor Scheckla suggested looking for matching grants to get more mileage out of the
money.
Mr. Lowry emphasized that this was operating money from the tax base. It was not new money,
it was money authorized by the voters for the original five year plan. All this circumstance did
was put the City back where it was a year ago before Measures 47 and 50. He reiterated his
caution against using this money for non-operating expenses without looking at the future needs.
6. EXECUTIVE SESSION
The Tigard City Council went into Executive Session at 9:45 p.m. under the provisions of ORS
192.660(1) (d), (e), (f), (g), and (h) to discuss labor relations, real property transactions, exempt
public records, current & pending litigation issues.
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7. ADJOURNMENT: 9:59 p.m. i
Attest: athcrine Wheatley, City Recorder
Mayor Cit ,~o~fTi~gard/~ - ,
Date:
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TIGARD CITY COUNCIL MEETING MINUTES - AUGUST 19, 1997 - PAGE 10
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COMMUNITY NEWSPAPERS, INC. Legal
P.O. BOX 370 PHONE (503) 664-0360 Notice TT 8 9 0 $ i~
BEAVERTON, OREGON 97075
Legal Notice Advertising RECEIVED 1
and 11 Tearsheet Notice tt
City of Ti4 AUG 18 1997
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13125 5I7 Hall 31vd.
• Tigard,0, egon 97223 • ❑ Duplicate Affidavit CITY OF.TIGARD
*Accounts Payable •
AFFIDAVIT OF PUBLICATION r „ r
i STATE OF OREGON,
j COUNTY OF WASHINGTON, )ss
1, Kathy, n) rl p r_"_ " i
h"
being first duly sworn, depose and say that 1 am the Advertising
Director, or his principal clerk, of the Ti ga rd-Tn a 1 a t i n mimes
a newspaper of general circulation as defined in ORS 193.010 ~
and 193.020; published at m; ga rr3 -in the
aforesaid county and state; that the X~.
CQ nci 1 Wo3-h-s on fiee -in
g
a printed copy of which is hereto annexed, was published in the
entire issue of said newspaper for ONE successive and
consecutive in the following issues:
August 14 , 1997 OFFICiAl SEAL --II
JAQOUlL11 ARgLLANO
NOTARY PUBLIC•OREOON
y COMMISSION NO 901011 _
MY gOMMISSION EXPIRES JUNE 9, 2001 1 -
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Subscribed and sworn before me thi$ 4th r1a3r of n„c,,,st , 1997
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Notary Public for Oregon
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My Commission Expires:
! AFFIDAVIT
The following meeting highlights are published for your information. Full
agendas may be obtained from the City Recorder, 13125 S.W. Hall
Boulevard, Tigard, Oregon 97223, or by calling 639-4171.
CITY COUNCIL WORKSHOP MEETING
August 19, 1997 - 6:30 P.M.
TIGARD CITY HALL-TOWN HALL
13125 S.W. HALL BOULEVARD, TIGARD, OREGON
Workshop Meeting Topics: F
> Unified Sewerage Agency Agreement to Update Fanno Creek
Flood Insurance Study
> Update: Merestone Dam Project (121st Avenue) l
> Update: Volunteer Program [
> Report: Willamette River Water Supply Source f.
> Executive Session
TT8908 - Publish August 14, 1997.
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AGENDA ITEM #
i FOR AGENDA OF August 19. 1997
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CITY OF TIGARD, OREGON i
COUNCIL AGENDA ITEM SUMMARY
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j ISSUE/AGENDA TITLE Fanno Creek Flood Insurance Study Update
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PREPARED BY:- Greg BAY DEPT HEAD OK CITY MGR OK
ISSUE BEFORE THE COUNCIL
Should the City enter into an agreement with Unified Sewerage Agency to update the Fanno Creek Flood 4
a Insurance Study?
! STAFF RECOMMENDATION
That staff be directed to submit the agreement to Council for consideration.
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INFORMATION SUMMARY
ached is a letter from Lori Faha, USA Water Resources Program Manager, requesting the City to participate in
j its project and offering justification for it. Ms. Faha and staff members of the consulting firm preparing the study
will be available to answer questions. The purpose of the project is to update the current Flood Insurance Study
completed in 1980.
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The project would be accomplished through an agreement with the Cities of Tigard and Beaverton, Washington i."
County and the Unified Sewerage Agency with the Unified Sewerage Agency managing the project and each
agency agreeing to pay for one quarter of the cost. The agreement is expected to be available to the City by
August 14, 1997 and will be included in Council's Newsletter. At Council's direction, the agreement could be
available for consideration at the August 26, 1997 business meeting.
The results of the study will be used to regulate development and for the design and evaluation of projects
proposed by the Fanno Creek Watershed Management Plan recently approved by the Unified Sewerage Agency
j Board. Specifically, it will be used to determine required bridge spans for Tigard St., Grant Ave., Hall Blvd. and
North Dakota St. as well as main channel improvements at Hemlock St.
There are also 11 proposed culvert replacements in Tigard that could be better designed with the update. The
1 update would also be used to design flood control projects to improve the interconnection of the creek with the
t surrounding floodplain so that high flows will be detained by the floodplain instead of remaining in the channel.
One such project is proposed at Englewood Park and several others are proposed fin-ther upstream.
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(ie results of this study could show a significantly higher floodplain then determined by the previous Floodplain
surance Study. A further benefit will be to notify owners of land found to be in this expanded floodplain so that I
they have an opportunity to purchase flood insurance and otherwise prepare for flooding. j
OTHER ALTERNATIVE CONSIDERED
Do not consider entering into the agreement.
FISCAL NOTES !
The agreement proposes to divide the total expected cost of $200,000 equally among the parties of the }
agreement: Unified Sewerage Agency, Washington County, City of Beaverton, and City of Tigard. The City's
$50,000 share could be funded through storm drainage system development charges. I`
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UNIFIED SEWERAGE AGENCY OF WASHINGTON COUNTY
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June 30, 1997
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TO: Rick Raetz, Washington County DLUT
David Winship, City of Beaverton
Greg Berry, City of Tigard (ll
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FROM: Lori Faha, USA Water Resources Program Manager }
I SUBJECT: Fanno Creek Flood Insurance Study Update
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cc: Bill Gaffi, John Jackson, Mark Jockers
As you know, the Fanno Creek Watershed Management Plan recommends that the Fanno Creek
Flood Insurance Study hydraulic models and mapping be updated immediately. I asked Roger
Sutherland to provide me with a complete scope of work and cost estimate for the project
i (attached). The upshot is that the cost would be approximately $200,000. If we agree to move l
forward jointly, USA can request its Board of Directors to approve a major contract amendment
with Kurahashi and Associates, and the field work could get accomplished this summer and fall.
Please review the attached scope of work, and let me know any comments and your ability to
participate as a partner, such that we split the cost 4 ways ($50,000 each). We believe that the
cities and USA can fund this with SWM SDC funds. USA will provide project management.
The draft scope of work from Kurahashi is for the following tasks: surveying new cross sections;
creating an updated, calibrated hydraulic model; preparing mapping that could be submitted to
FEMA by the County and Cities for a map revision; and use of the model to evaluate impacts of
the high priority watershed plan floodplain and bridgelculvert projects. The latter task will give us
all information we need for design, and will be a check on the watershed plan project priorities.
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From recent conversations, my understanding is that Washington County and Beaverton have
s' tentatively approved this project and are locating available funds. I hope that Tigard will be able , .
to do the same.
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This project is extremely important for the following masons:
4 1. The current Fanno (and tributaries) FIS is inaccurate, and does not predict flooding of several
road crossings which was actually observed over the past couple years. t
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155 North First Avenue, Suite 270, MS 10 Phone: 503/648-8621
Hillsboro, Oregon 97124 FAX: 503/640-3525
{ 2. Accurate hydraulics are necessary to be able .o design recommended Watershed Plan projects
f1 such as bridges, culverts, and floodplain restoration/storage projects. Without accurate i
1 hydraulics, we can't ensure that these projects will function appropriately to convey and/or store
floodwaters.
3. Updated and accurate flood elevations are needed to ensure that we don't permit future
development in floodplain areas, and to provide accurate information to landowners.
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Please let me know by July 13 if this scope is acceptable to you, and if there is agreement
within your agency to move forward. If so, I will then prepare draft intergovernmental
agreements and a draft contract amendment with Kurahashi. I appreciate your quick attention to
i this matter so we can hopefully initiate this work as soon as possible. If we miss this summer for
the field work, we must delay this project a year, and that could delay implementation of the o
highest priority watershed projects with flood management elements.
Please call me at 648-8730 with any questions.
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AGENDA ITEM #
FOR AGENDA OF _8/19/97
CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUMMARY
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ISSUE/AGENDA TITLE Update on 121 ~t Avenue Dam
PREPARED BY:.-Duane Roberts DEPT HEAD OK CITY MGR OK
I ISSUE BEFORE TII O 1NC'II j
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The key permits and approvals needed for constructing a new dam on Summer Creek at 121 st Avenue have I
1 been obtained. Should the City proceed to the design development stage of this project?
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STAFF RECOMMENDATION
Direct staff to return with formal request to authorize and budget funds for a design study.
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INFORMATION . MMARY
a staff report providing an update on this project is attached. The original decision to proceed with obtaining
e necessary permits and construct a dam on Summer Creek at 121st was made more than four years ago. The
city started on this path in order to address a controversy regarding an existing dam at this location.
1 Neighborhood and homeowner interest in the dam and in protecting the pond environment remains high. The
' next step in carrying out the direction set by Council is a design study.
In addition to city Engineering, Operations, and Planning staff, representatives of the Unified Sewerage Agency t'
will be present to discuss this project.
OTHER ALTERNA-TIVES CONSIDERED
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Do not participate in the design and implementation of a dam on Summer Creek at 121st Avenue.
FI A . NOTES
The design work is estimated to cost $10,000 or less.
i:kirywide`sum.121 st ~
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Staff Report on the Merestone/121 st Dam
The purpose of this report is to provide an update on a project set in motion by
Council some four years ago. This project is the placement of a permanent dam
on Summer Creek near 121st Avenue. The first and most difficult phase of this
project, obtaining the necessary federal, state, and local permits and approvals,
is nearing completion. Following the path established by Council, the next step
is to proceed to design and construction.
Background
In April 1993, the District Watermaster notified the city that an existing dam built 6 .
J on Summer Creek immediately west of 121st on city greenway was constructed
without the required state permits (1) to place a structure within the floodway and
(2) to store streamwater. The city was given a deadline to apply for the required
permits or remove the dam. j
The original dam was constructed in the early 1980's by a beaver and added to
over the years by residents of the Merestone neighborhood. In the mid-1980's, -
t city crews reinforced the dam with boulders.
After receiving the Watermaster's letter, a public information meeting was held to
discuss the fate of the dam. Virtually all of the some fifty neighborhood
j residents who attended the meeting favored keeping the dam. The reason for
i this strong community support was, and continues to be, the natural values
provided by the pond. Many recreational activities take place in and around the
pond. Many people simply enjoy spending time viewing the pond, and the
wildlife attracted to it, from their homes. Among many newer residents, proximity
to the pond was one of the main reasons for deciding to purchase a home in the
area.
Given this overwhelming neighborhood support, the city decided to address this
controversy by applying for the appropriate permits to legalize the existing dam
or replace it with an engineered structure. The decision to keep the dam was
made by the City Administrator with the concurrence of Council. Neighborhood
residents were informed of the city's decision by letter.
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Water Resources Department
Staff subsequently completed and submitted applications to the state Water =
Resources Department (WRD) to install a dam and impound streamwater. The
purpose of the project was identified as wetland enhancement. At the time, the
department had a backlog of eleven thousand applications for water use permits,
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which delayed their processing time. Objections to the project, filed by the
Department of Fish and Wildlife (later withdrawn) and by the private
environmental group Waterwatch, added additional months to the time required
for agency review.
In late January 1996, after a wait of more than two years, Water Resources
completed its review and issued final orders approving the city's applications.
Permits were issued March 1996. The dam structure permit covers the existing
and a replacement structure. Under this permit, construction work on any new
facility must be completed by October 1, 1998. The impoundment permit
stipulates that the filling of the reservoir must be completed by October 1, 1999.
The WRD Director may extend the time for completion of construction and the
time for "complete application of water to the proposed use", provided
I reasonable diligence is shown in the prosecution of work.
FEMA
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j Summer Creek is both a state and a Federal Emergency Management Agency
(FEMA) regulated stream. Having obtained the state Water Resource
Department permits, the city undertook a separate process to address FEMA i
regulations. These require an assessment of the impact of the dam on the flood
flows through the stream corridor. Due to the level of detail required, Council
authorized the hiring of an engineering firm that does this type of work to perform
the required analysis. In addition to completing the technical work, two pubic
meetings were held to inform citizens about the study, to present the study
finding, and to discuss Unified Sewerage Agency (USA) management options
being considered for the site.
Briefly stated, the results of this analysis showed that the existing dam appears
to have no significant impact on water surface elevations. The same is true for a !
potential replacement water retention structure. The study also documented that
the pond has filled up with sediment and the average depth of the water is a
shallow two to three feet.
Fanno Creek Watershed Management Plan
At the same time the "no-rise" study was underway, the City was a partner with
USA in the development of a watershed management plan for the Fanno Creek
basin. The purpose of this plan was to outline long-term strategies to provide
flood control and to protect and improve water quality. Summer Creek was i
included as a major tributary of Fanno Creek.
{ The Summer Creek portion of the study considered all sections of the creek,
including the 121st pond site. Two management options for the pond were
proposed. These options, which were displayed at October and March open ,
houses, were: (1) restore the historic stream corridor by removing the dam; and
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(2) dredge and deepen the pond and replace the dam structure. There was
strong homeowner and neighborhood support for option two. The Friends of
- Fanno Creek and the Tigard Chapier of the Nuilhwesi Sieaihuaders initially
supported option one.
The recommendation for the pond subsequently included in the draft version of
the basin study was to allow the existing water control structure to degrade.
This was consistent with the plan's general recommendation against so called in-
stream ponds, or ponds located in the middle of streams. Quoting from the draft
management plan report:
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{ In-stream open water ponds created by beaver are naturally occurring in
J the watershed. They are typically well shaded with trees and shrubs
(beavers' main food source), have an irregular pond edge, and are r:
occasionally "cleaned-out" during storm events when the beaver dams ,
break. In-stream ponds that are human-made or are reinforced by c
a humans (with concrete dams and weirs) typically lack the features and
functions of beaver ponds.
Human-made ponds are often part of an aesthetic landscape feature in a
development or park. The lack of shade and periodic "flushing" of the
system during storms causes these ponds to fill up with sediment and
increase the water temperature. These ponds often have too many
ducks, gulls, nutria, and lawn chemicals contributing nutrients to the water.
3 The nutrient loading from animals, landscaping, and deposited sediment,
combined with the warmer water, can trigger algae growth and eventually
deplete dissolved oxygen in the water.
Given the water quality problems caused by human-made ponds, USA f _
recommends that no new in-stream ponds be installed. For existing
ponds, the following actions are recommended in an effort to achieve the
watershed vision and desired outcomes: i
• When possible, make the pond off-stream by adding a berm, island, or
other feature to separate the stream and pond during the summer
• Implement a duck and nutria management program (to keep
populations at a sustainable level)
• Enforce pet "poop scoop" laws f
• Enhance part: landscaping near water's edge and improve
maintenance practices
• Avoid or minimize chemical usage in or near pond areas f
After receiving additional pubic comment in support of keeping the dam, the
project committee decided to compromise and recommend a "no change" or
status quo option. The final draft plan recommends adding vegetation along the
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side of the creek and pond to reduce the temperature impact of the open water,
with no recommendation on the dam.
The plan adoption process calls for the USA board to adopt all or part of the draft
into USA's Surface Water Management Masterplan sometime in August and
September of this year.
DSL/Corps and City Permits
f Two remaining permits for a dam at the 121st Avenue site are required. One is a
1 joint Division of State Lands (DSL)/Corps of Engineers permit. Significantly, DSL
i has no jurisdiction over dams for which permits have been issued. Its authority
extends to the fill, removal, or alteration of more than fifty cubic yards for material
in floodplain or wetland areas. Among the various design options for a dam
structure at the 121st site, all would require the fill, removal, or alteration of this
amount of material. The processing time for this permit is approximately four
weeks.
The other required permit is a city Sensitive Lands permit. The requirements for t
i this permit are identical to the FEMA standards, that is, design calculations are
required to determine whether the proposed dam will alter the floodplain or the t
100-year flood contours. As indicated, the analysis to show the dam does not
cause any increase in the base flood level has been completed.:
Design and Construction -
i Rough cost estimates have been obtained from a local engineering firm
specializing in dam design. Among the different types of dams available, the
firm recommends an all-concrete structure, designed to withstand water flowing
over the top. A ball park estimate for a dam of this type installed at the 121 st site
is $15,000 to $20,000. The estimated design fee is $10,000 or less. E `
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The previously considered option of maintaining the existing dam does not
appear feasible. This is because it is in the process of breaking up. This
deterioration appears to be due to the heavy rains and the frequent overtopping
of the dam this winter.
In addition to the replacement of the existing structure, the dredging or grading of
the associated pond is needed in order to address the sedimentation problem
alluded to above. As an alternative to the potentially high cost of off-site
disposal, the supporters of the dam suggest the city consider the lower cost
option of using the material to create islands within the pond. In addition to
deepening, they also suggest the grading work could include the narrowing of the
pond to reduce the area of exposed water.
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The engineering firm referred to above indicates this is a feasible approach and
estimates the cost of disposing of sediment material by creating islands, shaped
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with a flat beiicil at water i@Vci to prevent erosion, at $4,500 to ~7,SCv.
Funding
Design and implementation of a dam at the 121st site does not qualify for
Surface Water Management (SWM) funds. This is because the dam is not an
approved project and its installation is inconsistent with the objectives of the
watershed planning process. Although the dam site is located within a city-
owned greenway, it alao does not appear to eligible for park SDC funds (a legal
j opinion on this point has been requested).
The city general fund was used to finance last year's FEMA study and appears %
to continue to be the appropriate funding source.
The city tree fund, designed to mitigate the impact of tree removal by new
development, is a potential source of tree funds. The Friends of Summer
Creek, with a small grant from USA, have done some tree and shrub planting
around the pond this year.
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Conclusion
{ The city has obtained the right to continue to impound water at the 121st site.
An analysis has shown the dam does not cause flooding problems. USA has
identified other problems associated with the dam, such as temperature,
turbidity, algae, and fish passage. Most, but not all, of these can be mitigated to
some degree by the deepening and reshaping of the pond, combined with
revegetation and other specific measures recommended by USA. Neighborhood r
and homeowner interest in the dam and in protecting the pond environment has
remained high.
The decision to proceed with the 121st dam project was made more than four
years ago. The city started on this path in order to address a controversy
regarding an existing dam at this site. The next step in carrying out the direction
set by Council is a design study. The maximum cost of this study is estimated
at $10,000. This work can be carried out simultaneous with obtaining the final
permits for the project. 11
Council direction as to how to proceed is requested.
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IArpn/duane/dam.not '
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Agenda Item No.
M3eting of C C
MEMORANDUM
CITY OF TIGARD, OREGON
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TO: Honorable Mayor and City Council
FROM: Liz Newton, Assistant to the City Manager 14
DATE: August 12, 1997
j SUBJECT: Volunteer Program F
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Background
One of Council's goals is to improve the city's image through the volunteer program. As City
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revenue sources are squeezed, reliance on volunteer assistance is likely to increase. Tigard has been
a very fortunate to have a successful volunteer program primarily in the Library and on boards,
= committees, and task forces.
a Staff made a commitment to Council to identify volunteer opportunities and the means to carry out
a program to channel the interest and efforts of volunteers. To that end, a staff volunteer
coordinators committee has been meeting. The committee members are Jean Lindsey, the
volunteer coordinator for the Library; Jeff Munro, the Parks crew supervisor; Cathy Wheatley; and
me. The committee recommends that the city of Tigard participate in the national "Make A
Difference In A Day" effort. Saturday, October 25 is the day set aside across the United States for
citizens to volunteer to make a difference in their community. ?
In Tigard, we would like to provide opportunities for groups and individuals to volunteer for that
day but, more important, we would like to formally "kick-off" Tigard's enhanced volunteer
program by providing information about on-going and future volunteer opportunities. "Make A
Difference In A Day" will be advertised in the upcoming edition of the CITYSCAPE and people
will be given an opportun:, to sign-up in advance. The Volunteer Coordinators group has solicited
ideas for volunteer opportunities from staff members and is interested in the ideas of Council. Each
volunteer opportunity identified will be formalized in a task description that will provide interested
groups or individuals an idea of what the task entails, what the expectations are and how long the
task will take. Ideas identified so far include tree shelf reading in the Library, planting, stenciling
storm drains, assisting with peer court, updating the city's web page, and assisting in court and
records with filing and labeling of materials for storage.
Council Action
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1 Discuss the city's involvement in "Make A Difference In A Day" and, if Council supports the
activity, direct staff to proceed.
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City of Tigard, Oregon
City Councii Workshop, August 19, 1997
Property Taxes and Measure 50 i
1. The House and Senate approved SB 1215 early in July just before adjournment. _
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2. Implemented Measure 50 (over 250 pages)
3. Created the need for new state form and a method of calculation statewide.
4. New developments
a) The amount levied does not have to be the same as the amount submitted for the f
permanent rate. j
b) Tigard's levy is not subject to the reduction.
1. City Attorney Opinion
The Numbers
a) Property Tax Authority - $6,891,858
b) Estimated Permanent Rate - $2.47
c) Estimated Loss under M 50 - $200,000
d) Estimated Tax Bill Savings for $120,000 home in Tigard - $297 or 20% over 1996/97.
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