Loading...
City Council Packet - 03/23/1999TIGARD CITY COUNCIL MEETING MARCH 23,1999 COUNCIL MEETING WILL NOT TELEVISED i:%s&n%jess mX=pW.dw 13125 SW Hall Blvd., Tigard, OR 97223 (503) 639-4171 TDD (503) 684-2772 a, Revised 3118199 PUBLIC NOTICE: Anyone wishing to speak on an agenda item should sign on the appropriate sign-up sheet(s). If no sheet is available, ask to be recognized by the Mayor at the beginning of that agenda item. Visitor's Agenda items are asked to be two minutes or less. Longer matters can be set for a future Agenda by contacting either the Mayor or the City Manager. Times noted are estimated; it is recommended that persons interested in testifying be present by 7:15 p.m. to sign in on the testimony sign-in sheet. Business agenda items can be heard in any order after 7:30 a,m• 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 call 639.4171, Ext. 309 (voice) or 684-2772 (TDD - 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 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 COUNCIL AGENDA - MARCH 23,1999 - PAGE 1 TIGARD CITY COUNCIL MEETING MARCH 23,1999 AGENDA 6:30 PM 1. BUSINESS MEETING 1.1 Call to Order - City Council & Local Contract Review Board 1.2 Roll Call 1.3 Pledge of Allegiance 1.4 Council Communications 1.5 Call to Council and Staff for Non-Agenda Items 2. APPOINT ROAD BOND TASK FORCE Staff Report: Engineering Department Council Discussion/Questions Council Consideration: Resolution No. 99. 19 3. APPOINT TRANSPORTATION SYSTEMS PLANNING TASK FORCE Staff Report: Community Development Department Council Discussion/Questions Council Consideration: OfdW&R"No.99=9-q' aL-) 1-e5 aLc, may, 4. DISCUSSION: UPDATE ON WASHINGTON SQUARE TASK FORCE ACTIVITIES 5. DISCUSSION: UPDATE ON TRI-MET SERVICE 7:30 PM 6. PUBLIC HEARING: SOURCE OF LONG-TERM WATER SUPPLY a. Staff Introduction o Public Works Department b. Public Testimony Council will hear public testimony from individuals for two hours. Please sign up on the testimony sign-in sheet provided at the back of the Town Hall Room. Each person will be allowed 3 minutes for public testimony; Council will hear testimony until 9:30 p.m. If, at 9:30 p.m., there are individuals who have not had an opportunity to testify, Council will determine whether to continue to hear testimony or ask individuals to come to the April 13, 1999, meeting to testify. Testimony from special interest groups will be heard by the City Council on April 13, 1999. C. Council Questions/Comments d. Staff Review of the Process from this Point Forward i Public Works Department e. Council Questions/Comments COUNCIL AGENDA - MARCH 23,1999 - PAGE 2 9:30 PM 7. VISITOR'S AGENDA (Two Minutes or Less, Please) 9:40 PM 8. CONSENT AGENDA: These items are considered to be routine and may be enacted in one motion without separate discussion. Anyone may request that an item be removed by motion for discussion and separate action. Motion to: 13.1 Approve City Council Minutes - February 9, 10, and 16,1999 9.2 Receive & File: Memorandum from Director of Community Development Hendryx on "Implementation Issues and Process for the Housing Program" 43.3 Approve the Recommendation of the Finance Director for the Interest Rate for 1998199 to be Applied to All Reimbursement Districts Formed During the Year- Resolution No. 99- k 9.4 Approve Resolution Calling for an Amendment to the Washington County Consolidated Communications Agency Intergovernmental Agreement to Allow the City of Banks to Become a Member of the Agency - Resolution No. 99-A'40`~;~J, • Consent Acienda - Items Removed for Separate Discussion: Any items requested to be removed from the Consent Agenda for separate discussion will be considered immediately after the Council has voted on those items which do not need discussion. 9:45 PM 9. DISCUSSION: UPDATE ON REVIEW OF TUALATIN VALLEY ACCESS CONTRACT AND SERVICE ISSUES 10:15 PM 10. UPDATE: 1999 COUNCIL GOALS ® Staff Report: Administration Department 10:30 PM 11. COUNCIL LIAISON REPORTS 10:40 PM 12. NON AGENDA ITEMS 10:50 PM 13. EXECUTIVE SESSION: The Tigard City Council will go into Executive Session under the provisions of ORS 192.660 (1) (d), (e), & (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 those present may disclose nothing from this meeting. Representatives of the news media are allowed to attend this session, but must not disclose any information discussed during this session. 11:00 PM 14. ADJOURNMENT 1:1AD M\CATHYICCAX990126. D 0C COUNCIL AGENDA o MARCH 23,1999 - PAGE 3 Agenda Item tdo. 3 tweeting of 5. 5 - 9 TIGARD CITY COUNCIL MEETING MINUTES MARCH 23, 1999 1. BUSINESS MEETING 1.1 Call to Order - City Council & Local Contract Review Board Mayor Jim Nicoli called the meeting to order at 6:33 p.m. 1.2 Roll Call Councilors Paul Hunt, Ken Scheckla, Brian Moore, Mayor Jim Nicoli, and Joyce Patton were present. > Staff Present: Asst. to the City Manager Liz Newton; City Recorder Catherine Wheatley; Public Works Director Ed Wegner; City Engineer Gus Duenas; Senior Planner Nadine Smith; Associate Planner Laurie Nicholson 1.4 Council Communications: None 1.5 Call to Council and Staff for Non-Agenda Items: None 2. APPOINT ROAD BOND TASK FORCE Gus Duenas, City Engineer, explained that the mission of the Transportation Bond Task Force was to select a list of projects, to recommend them to the Planning Commission and City Council, and then to participate in a public information campaign. He said that he placed a sunset date in the resolution appointing the Task Force members until December 31, 2000, unless otherwise continded by resolution. He reviewed the proposed list of 12 names, including Councilors Moore and Patton. He stated that he arrived at these names through input from a variety of people. Councilor Hunt asked if the others listed decided not to participate. Mr. Duenas said one declined and another did not want to work on the campaign. Motion by Councilor Moore, seconded by Councilor Patton, to adopt Resolution No. 99- 19. The City Recorder read the number and title-of the resolution. RESOLUTION NO. 99-19, A RESOLUTION TO ESTABLISH A TRANSPORTATION BOND TASK FORCE TO DEVELOP AND PRESENT A TRANSPROTATION BOND MEASURE TO THE TIGARD CITY COUNCIL FOR CONSIDERATION BY THE VOTERS OF THE CITY OF TIGARD. Motion was approved by unanimous voice vote of Council present. (Councilors Hunt, Scheckla, Moore, Mayor Nicoli, and Patton voted "yes.") Mayor Nicoli asked if Mr. Duenas received any forecasts of how much of the gas tax and registration money Tigard would be allocated. Mr. Duenas said that he thought that they would get double the amount received this year, increasing from $500,000 to $1 million. CITY COUNCIL MEETING MINUTES - MARCH 23, 1999 - PAGE 1 Councilor expla such as explained at normally the state egas taxlmoney was used for non-eligible TIF projects, s local streets or bridges. Mayor Nicoli concurred with Mr. Duenas that it looked promising that the bill would pass both houses. 3. APPOINT TRANSPORTATION SYSTEMS PLANNING TASK FORCE Laurie Nicholson, Associate Planner, described the difference between the Transportation Systems Planning Task Force and the Road Bond Task Force. She said that the Transportation Systems Plan was a 20-year comprehensive plan while the road bond focused on specific road projects. She referenced her previous presentation on March 9 to the Council on the public improvement plan for developing the Transportation Systems Plan. Ms. Nicholson mentioned the Council's request that the Task Force members include representatives from transit, business, and bicycles. She requested the Council's approval of the Resolution 99-20, listing the three Task Force members to serve with the Planning Commission. She said that periodically staff would update Council on the Tas% Force's progress. Councilor Scheckla expressed concern with the transit representative, questioning whether or not he would have a conflict of interest since he worked for Tri-Met. Tim Ramis, City Attorney, said that he saw no legal issue, and that the decision on the representatives was at the discretion of the Council. Liz Newton, Assistant to the City Manager, explained that Mr. Schweitz had served on the Visioning Committee, and wanted to serve on this Task Force because he too, as a Tigard resident, was unhappy with Tri-Met's service to the area. Councilor Moore cited his experience in working with Mr. Schweitz on various transportation committees and task forces over the years. He said that he was confident that Mr. Schweitz would not be intimidated by Tri-Met nor was his position at Tri-Met in jeopardy because of serving on this Task Force. Motion by Councilor Moore, seconded by Councilor Patton, to adopt Resolution No. 99- 20. The City Recorder read the number and title of the resolution. RESOLUTION NO. 99-20, A RESOLUTION APPROVING THE LIST OF SPROVIDE YSTEM PLANT TO PLANNING COMMISSION ON REPR ITY'S TIVES OR O WILL THE C Motion was approved by unanimous voice vote of Council present. (Councilors Hunt, Scheckla, Moore, Mayor Nicoli, and Patton voted "yes.") 4. DISCUSSION: UPDATE ON WASHINGTON SQUARE TASK FORCE ACTIVITIES Nadine Smith, Senior Planner, reported that the Task Force held its second Open House on March 12 with 85 people in attendance, mostly from Metzger. She said that staff would take the public input received at the open houses and all the work done to date, and develop draft land use recommendations to present to the Task Force. Ms. Smith reviewed the major issues identified so far: placement of increased density, preservation of wetlands and open space, and transportation. She stated that many in the CITY COUNCIL MEETING MINUTES - MARCH 23, 1999 - PAGE 2 Metzger area were fearful of increasing density in the area. She reported that Rick Curtis, Washington County Planning Manager, intended to present at the next Task Force meeting a proposal from the Board of County Commissioners to increase the density of the area south of Hall and west of Hall from R-5 to R-25. She said that it was part of meeting the County's 2040 Functional Plan goals. Ms. Smith said that there has been a ground swell of activity among environmental groups to find a way to purchase property along Ash Creek that contained wetlands and open space. She stated that a representative from the Fans of Fanno Creek would make a presentation to the Task Force at the next meeting regarding the importance of those wetlands. She confirmed to Mayor Nicoli that the wetlands and flood plain were currently in dispute. OTAK was doing the survey for USA and the state to identify the exact location of the flood plain. Ms. Nicholson noted that USA was in the process of working with the federal government to update the flood plain maps. She said that the flood plain on the property owned primarily by Dr. Davis was one of the areas of dispute, and Dr. Davis was paying for the survey of his property. Ms. Smith said that two hot transportation issues were widening Hall Blvd to five lanes and the extension of Taylors Ferry Road. She.commented that both of those projects were still very controversial in the Metzger area, despite having been on the books for a long time. 5. DISCUSSION: UPDATE ON TRI-MET SERVICE Ms. Nicholson noted the Council goal to work with Tri-Met on improving transit service in Tigard. She said that she, Jim Hendryx, Bill Monahan, and members of the Community Development Department met with Tri-Met staff to talk about service issues in Tigard. She reported that the Tri-Met staff informed them that the focus of their three year CIP would be on improving the efficiency and success of existing lines rather than creating a lot of new lines. However, Tri-Met did intend to put in three new lines in this area: Barrows Road to Murray Hill, King City to Meridian Park Hospital, and Sherwood to Tualatin. Ms. Nicholson said that City staff spoke to their concern regarding the internal bus connections within Tigard, citing Bonita Road with its numerous apartments and condos and no bus service. She mentioned the City staff s suggestion that Tri-Met provide the City with a bus which the City would run, maintain, and provide the driver. Mayor Nicoli said that he was been in contact with Washington County Commission Chair Tom Brian regarding concerns with Tri-Met service to this area. Mayor Nicoli suggested that the Council inform Tri-Met General Manager Hansen of its dissatisfaction, either at a luncheon meeting between two Councilors and Mr. Hansen or at a Council meeting. He said that he did not disagree with what staff was doing but he preferred a more aggressive approach. He suggested that Tri-Met give the City two to three buses and drivers and pay for the gas and insurance while the City operated the buses. He mentioned another concern of bus stops at locations without sidewalks or,, :aces for people to stand and wait. Mayor Nicoli spoke to informing Tri-Met of the City's position and then letting staff see if Tri- Met would respond to some of their requests. CITY COUNCIL MEETING MINUTES - MARCH 23, 1999 - PAGE 3 Councilor Patton cited her experience as a Tri-Met bus and Max rider as the basis for her dissatisfaction with the service. She mentioned accessibility issues in getting people to the Max stations. The Council agreed to invite Mr. Hansen to a Council meeting for a discussion with the full Council. Councilor Hunt spoke to insisting that a route from King City to Meridian Park Hospital include stops along the portion of Durham Road not currently served. Mayor Nicoli suggested that the route stop at more of the retirement communities in the area. The Council considered Agenda Item 8 at this time. 6. PUBLIC HEARING: SOURCE OF LONG-TERM WATER SUPPLY a. Staff Introduction Mayor Nicoli reviewed the hearing procedures and testimony time limits. b. Public Testimony Robert Treadway, 14856 SW Heidi Court, said that he was an electronics engineer by profession. He described the results of his volunteer work in gathering signatures for the initiative petition to require voter approval for the use of the Willamette River as a drinking water source. He said that 90% of the people in the homes he went to signed the petition. He stated that he became involved with the Citizens for Safe Water because he believed that there was a behind the scenes effort to build a Willamette River filtration plant. He held that the effort was proceeding despite an expert's toxicology analysis showing that most of the samples qualifying the Willamette as a raw water source were invalid and the presence of deformed fish in the river (for which no one had an explanation). He contended that no study has been done on the impacts on property values in Tigard from a filtration plant on the Willamette River. Mr. Treadway argued that they did not know that the water was safe and they needed more studies over a longer period of time to make that determination. He supported a vote by the Tigard citizens to decide on the drinking water source. He spoke in favor of the Portland proposal and the Bull Run water. He said that he would like to debate the Task Force on a point-by-point basis. He said that the Task Force was appointed by the Mayor. He asserted that 80% to 90% of the Task Force members already supported the Willamette River option, so they knew what their conclusion would be. James Castile, 8100 SW Durham Road, cited his professional experience in construction of water-related projects, including extensive wetland mitigation, sewage treatment plants, drinking water well sites, and drinking water sand filtration plants. He held that there has been a massive effort to clean up the water that flowed into the creeks, streams, and rivers in this area. He discussed his three concerns. Mr. Castile argued that Tigard's water supply and safety should not be left in the hands of the populace. He supported the premise that the elected body should make this decision after examining and weighing the evidence presented by professional consultants. He pointed out that the Councilors and their families also would drink the water. He compared any other method for making a decision to going in for major surgery with the community deciding by popular vote what was needed rather than using trained doctors. CITY COUNCIL MEETING MINUTES - MARCH 23, 1999 - PAGE 4 Mr. Castile pointed out that Tigard had no water rights and was one of the few communities that had to rely entirely on outlying communities for its water. He said that they had an opportunity at this time to make a decision for themselves. He stated that, without examining the evidence, he did not have a decision either way. He argued that it was imperative that the Council review the testimony, documents and evidence and make a decision based on the evidence of what was best for Tigard, not based on popular opinion. Mr. Castile mentioned literature passed out at a neighborhood grocery store, describing its content as shallow and inaccurate. He said that the statement "until now the citizens in the Tigard Water District have been drinking pure uncontaminated Bull Run water" was inaccurate, as Tigard has purchased water from wherever it could get it. He listed sources as Lake Oswego (Clackamas River), Tualatin Valley Water District, City of Portland, and Tigard wells. He said that he did not know of a time when Tigard has purchased pure Bull Run water. Mr. Castile said that the leaflet described the process required for a water filtration system. He asked if there was something wrong with the process and what part of the process was used for the water they currently drank. He challenged the opposition to bring evidence to the discussion rather than scare tactics. He held that responsible citizens would bring valid concerns to the Council so that a critically important decision could be made. He asked the Council to consider all the evidence and base its decision on its best judgment. Reid Iford, 9220 SW Inez Street, spoke to completing all the research before making a decision. He addressed the issue of this question going to a vote of the people and the criticism of the Mayor and the Council on how they were handling this. He cited his experience as a reporter working in the political arena. He said that the best way to identify people's hidden agendas was to look at what they did not say because that spoke the loudest. He held that those asking for a vote on the water issue were not saying that they wanted the Council to do the most accurate, reliable, and precise scientific research possible to assure that Tigard has the best, cleanest, and safest drinking water and a reliable long term source for their children and grandchildren. Mr. Iford pointed out that, in the history of the United States, communities have been built and destroyed based on a source of good drinking water or lack thereof. He argued that this would be the most critical decision made by their elected leaders, other than when the city was incorporated. He stated that he wanted the decision based on facts, not fear tactics or an inaccurate opinion poll not backed up by scientific research. He spoke to people thinking long and hard about the petition and how meaningless it was. Mr. Iford said that the Council was handling this in the way that it had to be handled. He commended the Council for its work and encouraged it to stay the course. He stated that he believed that he spoke for most Tigard citizens in asking the Council to get all tine facts and then make a decision based on those facts. • Bonnie Bishop, 11341 SW Springwood Drive, said that she spent the last nine months attending every meeting when this subject was on the agenda. She asserted that the Citizens for Safe Water had been told early on that the Council decided to proceed to study only the Willamette River as a drinking water source based on citizen surveys. She described a single survey (of which she received a copy), which was a focus group of 20 people (12 of whom were Tigard citizens) who were paid $50 each to answer questions about the water situation. The focus group was not asked about a comparison of the Willamette River to the Bull Run expansion. She stated that the minutes recorded the Mayor saying that he decided to go to the CITY COUNCIL MEETING MINUTES - MARCH 23, 1999 - PAGE 5 Willamette River on the basis of that survey. She held that 12 citizens were not representative of 38,000 Tigard residents. She said that this was such an important public health issue that the people should decide it. Bob Roh1f,12430 SW North Dakota, distributed written testimony. He stated that he helped put together a new group called Safe Water Coalition as a means of offsetting attempts by other groups to undermine the City's efforts to develop its own water supply. He held that the "naysayers" of the Citizens for Safe Water insisted that there was "something" in the Willamette River that should stop Tigard from moving forward. He contended that they did not know what "it" was but they considered its existence a fact. He asserted that this propaganda was their position, despite reports to the contrary made by recognized experts. He stated that he took offense only when they presented these unsubstantiated opinions as fact. He asked where their studies were, who were their experts and what were their credentials for making these assertions. Mr. Rohlf questioned the assertion by the Citizens for Safe Water that the Portland water source was pristine and safer, and preferable to the Willamette, a river that has been closely scrutinized by nationally recognized experts. He stated that Portland water was frequently a blend of up to 20% well water, coming from a source adjacent to the Columbia River and surrounded by toxic industrial waste. He questioned how safe that water was. Mr. Rohlf said that he was also offended that the Citizens for Safe Water wanted to take the matter out of the hands of the City Council. He argued that an intelligent solution could be made only after consideration of the extensive evidence presented in reports, discussed by consultants, and heard in public hearings. He held that it was unreasonable to expect most citizens to put that much time into a single issue. He stated that most people he talked with felt that this was exactly the type of decision that they wanted their elected officials to make, and that they were satisfied that the Council would deliver the safest drinking water to their homes. He said that the long-term water supply was too important to be decided on the basis of fear instead of facts. Mr. Rohlf mentioned safety, lowest cost, and reliable source as the framework which the citiz--- - of Tigard have provided as the means for the Council to evaluate the facts. He said that Dr. James Wilson convinced him that the Willamette River water was safe. He noted that Dr. Wilson asserted that even the raw water was relatively safe. He commented that that made sense, given that the people in the lower valley drank the water as did wildlife along the river bank. He pointed out that people swam and skied in the Willamette and there were no reports of bad things resulting from their exposure to the Willamette. He remarked that Tigard citizens were used to drinking treated water, as the water from the Clackamas River (which was their main source for years) was treated at the Lake Oswego plant. Mr. Rohlf pointed out that the Willamette option had the decided cost advantage over Portland. He stated that he did not believe that they had the bottom line on the Portland water cost yet, given the many challenges to increasing Portland's capacity to meet the regional demands. He said that, with regard to reliability, he was biased towards the Willamette option because it was the only option that gave Tigard the opportunity to own its own water supply, the key to a reliable drinking water source in the long term. He commented that the growth projected for the region would rapidly diminish the water supply, and that the water rights on most of the supplies have already been staked out. He argued that this was their last chance to get ownership and avoid being a perpetual beggar in the water game. Frank Gearhart, PO Box 3426, Gresham, stated that, as a Board member of the citizens interested in the Bull Run, '?e was here on behalf of the Citizens for Safe Water. He said that his CITY COUNCIL MEETING MINUTES - MARCH 23, 1999 - PAGE 6 Board felt that there was adequate water in the Bull Run. He asserted that there were no dioxins in the Bull Run. The only dioxins in the Portland system came as a byproduct of the sulfate ammonia treatment facility and existed below the treatment plant and Portland reservoirs. Mr. Gearhart said that they felt certain that a third dam on the Bull Run would provide enough water for the two million people in the Metro area plus the fish. He disagreed with the assertion that Portland could not sell anything but surplus water, citing a City Attorney's office memo stating that the City Charter allowed the sale of other than surplus water to the citizens of the area. He stated that this memo from the City Attorney to the Portland Water Bureau also indicated that there was plenty of leeway in the Council to allow others to have part ownership in the system. He held that the Tigard Council should address this issue from the standpoint of getting the best and cheapest water available for the citizens of Tigard. s Ronald Lemmen,10830 SW Canterbury, referenced his background as a former member of the Board of the City of Cheney, Washington, and as the first elected member of the Spokane County Health District. He said that he has been watching the water issue with interest ever since he and his wife moved here 14 months ago. He mentioned that a History Channel program on the history of plumbing included a report on the use of recycled waste water by a community to the east of San Diego where there was no other water. He stated that he could not accept the assertion that the Willamette River water was unusable. He argued that, given the level of technology available today, he had no doubt that they could build a treatment plant much less expensive than the Bull Run option. He said that he supported the use of the Willamette River water. o Terrance Hfohner, 9830 SW McKenzie, said that he was an optometrist in Tigard with a strong commitment to the community. He expressed his shock and strong concern about the study on the Willamette River treated water. He held that the study discussed by Dr. Wilson was poorly conducted. Mr. Hohner discussed his concerns with the study. He held that there were too few samples collected in too few places on the river over too short of a time period. He said that he understood that the testing occurred during the month of November, the time of the year when pesticide contamination was lowest. He said that not enough types of estrogen models were tested (only 1 out of a possible 5 estrogen disrupters), and those tests were not made on living animals, including gestating animals. He said that not enough consideration was given to the long-term effects on mammals or to the interactive effects of the possible 48 different pesticides in the river. Mr. Hohner noted the City's statement that the treated water would meet EPA standards. He said that he felt that the EPA standards were inadequate for the long term health consequences, especially of pesticide exposure. He stated that he would not want his pregnant daughter drinking the water. Mr. Hohner presented a series of recommendations, based on his belief that the methodology of Dr. Wilson's study was relatively poor and the results questionable. He recommended establishing a task force of five to seven individuals (tr.,o concerned citizens, two scientists knowledgeable in the health care impacts of water contaminants on the human body, two Councilors and two members of the Willamette Water Supply Association). He recommended that the task force commission a 12-month study that took more samples and tested more estrogen models for contaminants on living entities with mere consideration of the synergistic and cumulative effects of the 48 pesticides to prove whether or not they could be adequately filtered out by the available technology. Mr. Hohner argued that they did not have sufficient CITY COUNCIL MEETING MINUTES - MARCH 23, 1999 - PAGE 7 facts and data to make an intelligent decision, and that a task force with a twelve-month study would address all the citizen concerns. Renee Cannon, 5000 SW Meadows Road, Lake Oswego, distributed written testimony. She referenced her background serving on the Lake Oswego Budget Committee and current service on the Beaverton Development Review Board. She said that she worked for a local Tigard business. She urged the Council to make its decision based on the most reliable and cost effective water supply source. Ms. Cannon mentioned her knowledge of the impacts of the water moratorium in Wilsonville on the business community's ability to grow and maintain their facilities, citing several Wilsonville businesses whose operations were directly affected by the unreliable well system of Wilsonville. She described Mentor Graphic's innovative but expensive solution to the problem of maintaining their current water usage levels while expanding their daycare facility. She commented that many business did not have the financial ability to find creative ways to keep their water usage constant when expanding. Ms. Cannon spoke to Tigard looking to the future in deciding how they wanted their community to remain a great place to live and work. She said that the safest finished water product produced by a reliable source at the lowest price would encourage existing businesses to grow and to attract new jobs and families so that Tigard's economy remained healthy. She asked that the Council leave the record open to allow written testimony by the many people who could not attend this evening because of Spring Break. Mayor Nicoli said that the record would remain open. David Matheson, 16258 SW 103rd Avenue, said that he understood that the Bull Run as a water source was fairly good on a relative level, and therefore there was no concern with water quality from that source. He spoke to the water quality concerns with the Willamette River water. He mentioned the agricultural run-off and the commercial waste dumped into the river. He questioned whether the water would be good even after treatment. He said that a negative he sam, ' --ith the Willamette River option was their lack of control over what happened to the river in future. He supported a more stable source from an existing source. Mr. Matheson spoke in support of citizens voting on the source of the water that they drank. i said that he was willing to pay more money spread out over 30 years to obtain good water. He said that if the issue was whether or not the people were informed properly, then they should hold more meetings. He stated that he saw the Tigard newsletter as very one-sided. Doris Milford, 13581 SW Charleston, spoke to taking more time to verify and validate the test data, and to allow the citizens to vote. She mentioned her concern of what would happen if the Willamette filtration system broke down or was closed for a period of time. She asked if that would not put the citizenry at risk. Mayor Nicoli explained that the City kept 25 million gallons in reserve for the city (or 2 days worth in the summer and a week's worth in the winter). He mentioned that, in the past, all those from whom Tigard bought water (including Portland) have had to cut Tigard off in emergencies, so the city had plenty of excess water on hand for emergencies. Rebecca Wilk, 12876 SW Winterlake Drive, testified against changing their water source to the Willamette River as not being in the best interests of the citizens of Tigard. She said that she has spoken with neighbors and parents at her daughters' schools about this issue since September. She said that those with whom she has talked were surprised that the City was CITY COUNCIL MEETING MINUTES - MARCH 23, 1999 - PAGE 8 leaning towards the Willamette River. She mentioned attending a focus group at which the Citizens for Safe Water spoke. She held that the Willamette River water was not safe because of pesticide run-off. Ms. Wilk stated that the EPA standards have changed in the past and that the agency has made mistakes. She spoke to doing more testing of the Willamette to avoid discovering in the future that a mistake was made. She commented that there were many things in the environment that they could not control. She asked the Council to slow down and study the issue more to make sure that the water would be good enough even with a treatment plant. She said that if she had to worry about what came out of her tap, then Tigard would not longer be the greatest place to live any more. She said that they needed to work longer and harder before this issue could be resolved. Ms. Wilk held that if they put out a voter's pamphlet showing both sides of the issue, then the public would be educated enough to make a good vote on this decision of a water source. She said that she hoped that the water situation could be remedied in a way that could make everyone feel secure and comfortable with the solution. o Jim Hansen, 11348 SW Ironwood Loop, quoted from the Bill of Rights of the Oregon Constitution regarding the people's right to alter, reform or abolish the government in such a manner as they thought proper. He said that governing bodies were elected to carry out the will of the people and had some latitude to carry out those tasks. He argued that occasionally governing bodies got involved in something that was against the will of the majority that could lead to revolution. He asserted that, in this case, that meant 80% of the people. Mr. Hansen held that the five Councilors would make a decision affecting over 100,000 people, if the other cities were required to fall in line with the filter plant because they could not afford conduits of their own. He stated that he conducted a phone survey of 305 residents and found water quality as the most important issue with ownership of a water source listed as the last in the list of eight criteria. He asserted that the Council had ownership as its fourth criteria for evaluation. He asked what gave the Council the right to force 80% of the citizens to use Willamette River water, even if both the Bull Run and the Willamette were proven scientifically safe sources of water. Mr. Hansen said that the most common advice for the Council mentioned by those in his phone survey was to do sufficient research before deciding. He noted the Council's statements that it has done sufficient research but contended that all he has heard was engineers hired by their fine, not any outside people. He said that they believed that those testifying before the Council had a bias towards the Willamette River. o Janet Olmsted, 8220 SW Fairway Drive, Wilsonville, said that she did not want to drink Portland water. She asserted that those who believed that the Portland water was the pristine Bull Run water of their childhood were deluding themselves or being deluded by those taking the position that that the Willamette River posed problems that could not be solved. She stated that before Tigard and Wilsonville decided to purchase Portland water, the citizens needed to know several things. These included that the Portland water was considerably fortified with Columbia South Shore wellfield water (which was known to have some questionable quality problems) and that the chlorine added to the Portland water to purify it became highly toxic as it traveled. She pointed out that the water would travel 25 miles to Tigard and 40 miles to Wilsonville. CITY COUNCIL MEETING MINUTES - MARCH 23, 1999 - PAGE 9 Ms. Olmsted said that the citizens .seeded to know that there was no sophisticated treatment plant scheduled for the Portland water until 2040. She pointed out that the Willamette River ran from south to north and that the major pollution problems of the Willamette (the superfund targets) occurred in Portland far to the north of Wilsonville and did not occur south of Oregon City. She agreed that deformed bottom fish have been found in the Newberg pool but noted that not even the scientists who found them have made any claims that these deformities were the result of the problems in the river in general. Ms. Olmsted stated that Wilsonville, Tigard and the oth--r townships under their water jurisdictions could make no better decision than to utilize the Willamette River for drinking water. She held that `he water has been tested extensively and a treatment plant designed with every safeguard kno`, i. She argued that there was no reason to believe that the scientists or the engineers were lying to the public when they said that the public could rest assured that any pollutant or potential health or genetic hazard known could be efficiently and effectively treated by the facility. She held that these people would not stay in business if they lied. She contended that the water delivered to their homes would be free of endocrine disrupters, dioxins, and cryptosporidum as well as the danger of chlorine treatment turned toxic. Ms. Olmsted said that, in choosing the Willamette River, the municipalities would have control of their water source, its treatment and the cost of the water. She held that they would not be subject to any private entity who might end up with control of Portland water or to individuals who saw this as a source of political power. She argued that the costs of the retrofitting needed for the outdated Portland water system could easily be passed on to their water customers. She indicated that, with the treated Willamette water, they-would have water as pure and safe to drink as any available in any municipal supply in the US today. She contended that they could also be a force in the future cleanliness of the Willamette, bringing benefits to recreation and wildlife interests as well as to the water supply. o Steve Abeling, 7619 SW Locust, Portland, said that he was served by the Tualatin Valley Water District but this decision would affect him. He urged the Council to join with Portland in obtaining the best water available in the area. He addressed the issue of endocrine disrupters. He asserted that there was mounting evidence showing that pesticides and herbicides interfered with human hormone systems, causing reproductive problems and diseases. He said that he did not think that it was certain that all of these chemicals could be eliminated, given the heavy loads sent to the Willamette River by modern agriculture. He said that he hoped that where the people lead, the leaders would follow. o Robert Olmsted, 8220 SW Fairway Drive, Wilsonville, said that he and his wife have been involved in water issues in Wilsonville for a couple of years. He commended the Council for their work. He said that Wilsonville just finished a lengthy evaluation of the Troutdale acquifer as a third alternative but that did not succeed, so they were also down to the Portland and Willamette River options. He said that they believed strongly in the Willamette River option. Mr. Olmsted commended the Council for the studies they have had done and for listening to Dr. Wilson. He commented that their opponents have been critical of what has been done but he did not see much science on their behalf. He said that he and his wife attended the meeting at which Dr. Wilson made his report. He stated that he was disappointed that none of the Willamette River opponents attended the follow up session with Dr. Wilson afterwards to raise arguments or to defend their position. CITY COUNCIL MEETING MINUTES - MARCH 23, 1999 - PAGE 10 Dan Joy, 9655 SW Lewis Lane, said that he supported the Bull Run watershed and Tigard working with Portland on this issue. He mentioned Portland's desire to add another dam or to raise the level of the existing dams on the Bull Run to provide sufficient water for the next 50 years. He said that, although they might look at the Willamette in 50 years, now they had the option of some of the cleanest water in the nation versus some of the most polluted water in the nation. He held that this involved long term health issue things that would not show up for 20 years. He said that he did not want his children having u. ioirmed children because of stuff in the Willamette River that they did not know about now, citing the deformed fish as an example. He said that they were at the end of the line of the Willamette basin drainage, and many farm fields dumped chemicals into the Willamette. He reiterated that they should take Portland up on its offer of the cleanest water in the nation. e Jack Rayborn, 7045 SW Armitage Court, Wilsonville, said that he was a member of the Safest Drinking Water Coalition, concerned about having the best water made available to Wilsonville, Tigard, Tualatin, and Sherwood. He commented that those four cities would form the regional water authority if they used treated Willamette River water as their main source. Mr. Rayborn said that he thought Montgomery Watson has been very thorough in their analysis of the Willamette River with their findings supported by the EPA, the USGS, and the Portland water system people. He commented that he found it alarming that people tonight have mentioned the EPA standards as inadequate. He held that if the EPA controls on the drinking water for the US were inadequate, then the whole country was in trouble. Mr. Rayborn mentioned a quote from the EPA relative to the Willamette River: from the point of view of a fish, the Willamette River might be among the most impacted watersheds in the nation, but from a water quality standpoint, the mid-Willamette River (from Salem to Oregon City) was in relatively good shape. He referenced the variety of health concems Montgomery Watson addressed in their analysis. He said that the treatment plant methodology has succeeded in producing the safest water in the region, better than the Portland system. He agreed that the Portland system was really a combination of a blend of 26% Columbia River wellfield water and the rest from the Bull Run, and therefore not pure Bull Run water. Mr. Rayborn mentioned concerns cited about the discharge from the Newberg waste treatment plant. He said that the 3 mgd discharge from that plant into a river with an average flow of 10,000 mgd could easily be treated by the planned Wilsonville water treatment plant, as could the discharge from another industrial plant. He said that the USGS tested for over 250 organic chemicals and found only 17, all well below the safe drinking water levels. He stated that the USGS tested the water thoroughly for dioxins and found a higher level of dioxins in the Bull Run than in the Willamette River. Mr. Rayborn said that the Portland water system representatives agreed that the planned Wilsonville treatment plant would produce the safest drinking water in the region, even better than the Portland system. He pointed out that the Willamette option would cost one-third of the Portland option. He commented that it would take Portland years to get approvals to raise their dams or to build another one, if they could even get past the environmental groups. He said that he considered the Bull Run eliminated as an option. He argued that they would be asked to pay the higher costs of the Bull Run. He contended that it would be Wilsonville, Tigard, and Tualatin at the mercy of the Portland water system versus determining their own destiny. e Earl Elias, 13450 SW Village Glenn Drive, said that he has lived in Tigard since 1972 and in the Northwest his whole life. He commented that this was the only issue that brought him out to CITY COUNCIL MEETING MINUTES - MARCH 23, 1999 - PAGE 11 a Council meeting, despite his not favoring other Council decisions on zoning, density and annexation. He said that he has been spoiled in always having had good water to drink, and that he was not interested in drinking out of the Willamette River, no matter how the water was treated. He said that he was sure that the City could get Montgomery Watson or any other engineering firm to say that the Tualatin River and Fanno Creek could be made drinkable. Mr. Elias argued that the Willamette River received the runoff from the agricultural and industrial uses throughout the basin, and that they were downstream of all of that. He said that he has been an environmentalist most of his life. He said that, as a truck driver, he knew when he was getting to areas of the country with questionable water because he started seeing vending machines for bottled water. He held that this was also a class issue because the poor people could not afford the fancy filtration system. He supported having a vote on going to the Bull Run water system. ® Dr. Lynn Witte, 9860 SW Hall, said that she found the study insufficient in terms of science. She stated that she did not necessarily support using Bull Run water, she only cared that the water she used was fresh and clean. She supported an independent study conducted over a year with testing for the known pollutants used by agriculture and industry. She held that all they really wanted was fresh water. She commented that she has spoken to people who have fished in the Willamette River who reported catching deformed fish. She said that she did not know if she wanted to drink the Willamette River water but she did want a good scientific study that would prove that the proposed water treatment processes would work. She said that she grew up in Emclaw, Washington, where they drank treated sewer water. She said that she was against drinking something really bad. Robin Smith, 8105 SW Maple Leaf Street, commented that the level of emotion in the room indicated that this water issue was about more than what they drank. She addressed the issue of conservation. She held that they could save millions of dollars through serious conservation efforts and not have to pick either option for years. She mentioned the options for conservation available through technology, such as low usage shower heads. She contended that the idea that more building and growth meant a need for more water was a myth. Ms. Smith said that another myth was the idea that they had no other options and that they had to act now. She spoke to not wasting this opportunity to look at all the different options. Ms. Smith said that another myth was the statement that they could treat the river and use it now. She held that there was too much that they did not know, and that the studies were flawed. She said that she has heard both sides talk at meetings, and did not think that they had the study giving them the necessary information to make a rational decision. She commented that if the Council made the decision, then it should want an informed unbiased study. She spoke to taking a more conservative approach, slowing down, figuring out how to use less, and looking at all the options. e Karen Harger, 9690 SW Riverwood Lane, said that Cindy Sudlow and Kristi Nelson (who had to leave early) supported more testing and a more representative task force. She said that she would like more testing of both sources. She held that they were in no hung to make a decision by April 1999, since their contract did not expire until 2007. She recommended that the City create a pamphlet containing scientific information representative of both sides of the issue. She said that the Mayor and the Council were elected to represent the people's interests but no poll has been taken of the citizens' interests. She held that a vote was the only power she had as a city resident to make her voice heard. CITY COUNCIL MEETING MINUTES - MARCH 23, 1999 - PAGE 12 Ms. Harger said that this would not be a vote against the Willamette, just a vote to allow more time for dissemination of information and testing. She stated that she found the thought that the Tigard city populace could not make an intelligent decision, given the proper information, insulting. She said that a Task Force member (not a resident of Tigard) had asked her what made her think that she had a right to vote on this topic. She said that she had the right because she was a resident of the city and this was the American process. She said that she did not understand why this non-resident had a right to be on the Task Force. Ms. Harger said that, as a mother of three, she was less interested in cost and more interested in water quality. She said that she would gladly pay any price for the cleanest water possible for her kids to drink. She stated that she had not reached a decision on which was the best option overall but she did want more time and testing before a decision was made. She mentioned that she grew up in San Diego and that no one drank the atrocious water, instead they bought bottled water. She commented that that was an added cost. Ms. Harger said that she heard Dr. Wilson speak and was concerned that he had worked 20 years for Monsanto Chemical Company and might therefore have a bias. Michael Trigoboff, 7072 SW Barbara Lane, said that he supported the city using Bull Run water because, even if they built a treatment plant to take out everything that they knew about, that did not deal with the stuff that they did not know about yet. He said that he saw the question as which source was more likely to have stuff that they did not know about yet, the Bull Run or the Willamette. He held that the Bull Run, as primarily rain water, would have less stuff. He commented that no one knew why the fish were deformed; it might be because of something that has nothing to do with the water or because of something not yet detected that a filtration plant would not filter out. He argued that the unknowns weighed more heavily against the Willamette. He commented that he would drink treated Willamette River water if they had no choice, but since they did have a choice, he supported using Bull Run water. (See April 13, 1999 for a second public hearing on this matter.) 7. VISITOR'S AGENDA: No Visitors 8. CONSENT AGENDA Motion by Councilor Scheckla, seconded by Councilor Hunt, to approve the Consent Agenda. Motion was approved by unanimous voice vote of Council present. (Councilors Hunt, Scheckla, Moore, Mayor Nicoli, and Patton voted "yes.") 8.1 Approve Council Minutes of: February 9, 10, and 16,1999 8.2 Receive and File: Memorandum from Director of Community Development Hendryx on "Implementation Issues and Process for the Housing Program." 8.3 Approve the Recommendation of the Finance Director for the Interest Rate for 1998/99 to be Applied to All Reimbursement Districts Formed During the Year - Resolution No. 99-21 8.4 Approve Resolution Calling for an Amendment to the Washington County Consolidated Communications agency Intergovernmental Agreement to Allow the City of Banks to Become a Member of the Agency - Resolution No. 99-22 CITY COUNCIL MEETING MINUTES - MARCH 23, 1999 - PAGE 13 9. DISCUSSION: UPDATE ON REVIEW OF TUALATIN VALLEY ACCESS CONTRACT AND SERVICE ISSUES Ms. Newton reported that the MACC Board was reviewing the issues related to public, education, and government programming as part of their discussion on the TVCA contract renewal. She referenced her memo recapping the March 19 Board meeting at which MACC and TVCA staff answered questions. She said that the cities' concerns about TVCA administration focused on the public aspect getting too much attention with insufficient attention being given to the education and government aspects. Ms. Newton said that she saw three concerns expressed at the meeting: a need for more balanced programming, a question as to whether or not TVCA was the appropriate provider, and the term of the future contract for PEG programming. She stated that the Board would work through these issues and was in no hurry to renew the contract ending on June 30. Councilor Scheckla mentioned issues of the amount of deadtime on channels and lack of adequate notification on when programs were run. Ms Newton mentioned Lake Oswego's concern at having more Council meetings taped and King City's concern that it did not get its money's worth from the contract. She pointed out that TVCA now had only six (reduced from 10) channels for PEG programming which should help with programming issues. Mayor Nicoli expressed his concern that the approach taken by the MACC Board should be more of a problem-solving approach. He conceded that TVCA has made mistakes but said that he still supported it. He spoke to setting goals for TVCA, letting them alone for a year, and then evaluating their performance rather than nit-picking them apart. He said that he has received letters from special interest groups and some cities expressing this concern that more damage was being done than constructive work. Councilor Scheckla mentioned that the TVCA director and the TVCA Board president were leaving. He suggested that having new people on board would help resolve the situation. He alleged that the outgoing director sent out brochures in a behind-the-scenes effort to lobby special interest groups for their support. He supported MACC's method of handling the situation. Ms. Newton concurred that the MACC Board needed to articulate what kind of service it wanted for PEG and how to evaluate the service provider. She said that she thought that was what the MACC Board was trying to do: Councilor Scheckla commented that the Board was discussing shifting the emphasis from public programming to government access. 10. UPDATE: 1999 COUNCIL GOALS Ms. Newton presented the Council update. Councilor Moore commented favorably on the report. Councilor Hunt questioned hiring a consultant to establish an annexation policy for the City. Councilor Moore said that he understood that item as staff evaluating the costs of hiring a consultant. Ms. Newton said that Ms. Smith would prepare a short report for the Council newsletter next week. 11. COUNCIL LIAISON REPORTS: None 12. NON AGENDA ITEMS: None CITY COUNCIL MEETING MINUTES - MARCH 23, 1999 - PAGE 14 • Mayor Nicoli recessed the meeting at 7:18 p.m. for a break. • Mayor Nicoli reconvened the meeting at 7:30 p.m. • The Council considered Agenda Item 6 at this time. 13. EXECUTIVE SESSION: Canceled. 14. ADJOURNMENT: 8:40 p.m. Attest: Mayor, ard Date: ;1Z ( ` atherine Wheatley, City Recorder CITY COUNCIL MEETING MINUTES - MARCH 23, 1999 - PAGE 15 COMMUNITY NEWSPAPERS, INC. P.O. BOX 370 PHONE (503) 6840360 BEAVERTON, OREGON 97075 Legal Notice Advertising e ® City of Tigard E3 Tearsheet Notice ® 1-33.25 SIN Hall Blvd. e ❑ Duplicate Affidavit Tigard,Oregon 97223 e Accounts Payable AFFIDAVIT OF PUBLICATION STATE OF OREGON, COUNTY OF WASHINGTON, )ss' 1, being first duly sworn, depose and say that I am the Advertising Director, or his principal clerk, of the Tic;; rd_T„a 1 at; ,mimes a newspaper of general circulation as defined in ORS 193.010 and 193.020; published at Ti gars in the aforesaid county and state; that the ing 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: 11arch 18 1999 Legal Notice TT 9357 Subscribed and sworn to ore me this o ch , 1999 0 OFFICIAL SEAL ROSIN A. BURGESS Not Public for Oregon NOTARY PUBLIC-OREGON COMMISSION NO. 062071 My Commission Expires: MY COMMISSION EXPIRES MAY 16, 2001 AFFIDAVIT lu are published for your information. Full The folilowt~tg mom: agetid 1 3125 SW Hall as may ba ®btet liRecorder, of calling 639-417 Boulevard, Tigard, Oregon-97223, REVISED TIGAR.D CITY COUNiCIL MEETING AND LOCAL. CONTRAC F REVIEW BOARD MEETING March 23,1999 - 6:30 P.M. TIGARD CITY HALL-. TOWN HALL.:. 13125 SW HALL BOULEVARD, TIGARID, OREGON Reports and updates to Council on the following topics: . e Parking Revisions on Commercial Street -,Discussion • Council Goals -Update # Transportation Systems Planning - Task Force 14.ppointment/Scope of Work tntment/Scope of Work * Road Bond - Task Force Appo # Metropolitan Area Communications CoMmisston.Organiza(tion Dis- cussion e . Local Contract Review Board IF Lecutive Session T19351- Publish March 18,1999.' N~ M f AGENDA ITEM NO. 6 Please Print 1D....41.,.,A ll.~~;...,. W;Ilavna+ta River Ontian! Other: a. va oasaa¢aa v oavaao Address and Phone No. - ddress and Phone No. e, Address and Phone No. z~o~d k' Tread y Igo b~ C ~►-e~ G CO a ✓n 0 e 9 .2 0 s. , l ~ S ~ S 7 c - t 0 41 Bicc~oli T~~a-d . d l ri aro ' ~ 9~ a dress and Pho e No. Address and Phone No. 151 Name, Address and Phone No. 7~ 2 r"910-re( oc 972-~ D -02 Name, ress and Phone No. n Address an one loo. Name, Address and Phone No. /T A-Q r~ FY-31 ` l o/t~ ~f ; s~1 .rs t a dress and hone No. N8i Address and Phone No. Name, Address and Phone No. L R-VZI ~G rs e 5 ~yl ,^df~ -e g930 S.W. ,v,c Nf- v 1(0 2Sg Siw' - G ,K,D, 017, P) A W ~ 8 y e, Addr d Phone No. Address and Phone No Name, Address and Phone No. Z v. ~s yit- dress and Phone No. e, Address and Phone No. Name, Address and Phone No. n , ~er12 1 a~~~ s u)W 04? in s a v Qa~o oR rc -7 aa I i u j Qj(~ D Sa -~~toa ~ s~vP J K Address and Phone No. and hone No. Name, Address and Phone No. ~e L% RLS -76 p~~~}t 358 s~ e , fc/""c ati e, Address and Phone No. a Address and Phone No. Name, Address and Phone No. C, L r✓ s+-~° I t K g LS ' 7A T,~ s~ eL A ' AGENDA ITEM NO. 6 Please Print Portland Option: Willamette River Option: Other: Address and Phone No. a Address and Phone No. Name, Address and Phone No. Earl Vh hET ";TV_-0 13 S'fo 6w V111,13 ON ter. 82.a.o s w . qY l~ iz. _ _ O C! G c=tA.-'2- 'a Name, Address_ and hopg~INo. Address and Phone No. Name, Address and Phone No. o Sc,~ *zzo rs~v dtc e, Address and Phone No. ddr an hone Name, Address and Phone No. e, Address and Phone No. Name, Address and Phone No. Name, Address and Phone No. v q0 jic tw-A Or 41-7 Z Address and Phone No. Name, Address and Phone No. Name, Address and Phone No. $l0 5 ~ ~ ~ lea t ' Nam , Address an Phone No. Name, Address and Phone No. Name, Address and Phone No. Name, Address and Phone No. Name, Address and Phone No. Name, Address and Phone No. Name, Address and Phone No. I Name, Address and Phone No. 6 Name, Address and Phone No. r AGENDA ITEM NO. 6 Please Print Page, 3 Portland u tion: Willamette River Option: Other: Name, Address and Phone No. Name, Address and Phone No. Name, Address and Phone No. micNAp- TA GOOOFF 707a 5W ~AMAM 0J i GAO c9to ~r7~a3 5A - 04; 5'.Z Name, Address and Phone No. Name, Address and Phone No. Name, Address and Phone No. 1 Name, Address and Phone No. 1 Name, Address and Phone No. Name, Address and Phone No. I Name, Address and Phone No. Name, Address and Phone No. Name, Address and Phone No. Name, Address and Phone No. Name, Address and Phone No. Name, Address and Phone No. Name, Address and Phone No. Name, Address and Phone No. Name, Address and Phone No. Name, Address and Phone No. Name, Address and Phone No. Name, Address and Phone No. Name, Address and Phone No. Name, Address and Phone No. Name, Address and Phone No. AGENDA ITEM # ' FOR AGENDA OF March 23. 1999 CITY OF TIGARD, OREGON y COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Resolution Establishine a Tr~nirtation Bond Task Force PREPARED BY: A P Buenas DEPT HEAD OK = CITY MGR OK E ISSUE BEFORE THE COUNCIL Shall City Council pass a resolution establishinga Transportation Bond Task Force for the purpose of developing and placing a Transportation Bond measure on the year 2000 election ballot. STAFF RFCOIyIMENDATION Staff recommends that Council pass the resolution establishing the Transportation Bond Task Force. f INFORMATION SUMMARY.. One of the Tigard City Council goals for 1999 is to complete the City's transportation program development. One element of that goal into identify potential transportation projects and develop a package of projects for a ' year 2000 bond measure. Other elements of that goal include enhancement of safety Citywide through safety- f related projects, and planning and construction of sidewalks, pedestrian walking paths, and bike paths as part of % j the City's transportation network. City Council wishes to establish a Transportation Bond Task Force to identify and select projects for inclusion in the proposed bond measure. In addition, Council wishes to have this group participate in the placement of the bond measure on the year 2000 election ballot and promote the passage of the measure. This resolution establishes the task force, states the mission of the task force, and sets the parameters for the task force meetings to follow. Q1BER. ALTEFNATIVF5 Ct AISIDERED None. It is Council's direction that the proposed bond measure is best developed and promoted through creation of a task force composed of citizens representin¢ a broad range of interests, backgrounds and areas of concerns. VISION 'T'ASK F OBE GOAL- AND A T'ION COIyiMITTFE STI~LTF-QY The improvements proposed for finding through a Road Bond issue would meet the Tigard Beyond Tomorrow goals of rmpt•ove Traffic Safely and b~tprave TrafFc Ffow. FISCAL, NOTFS, No funding requirements at this point. L•\Citywide\SumN 1genda Summary for Transportation Bond Task Force Resolution i ~ Ca n I~ II 1 1 I II. I t.... , ri. ~s - .j Jil I d s~ 'I I 1 (AARL E ST L.t L MOUNTAIN RD. " - BONITA I~ Nr 1 ~ J < 11 BEEF C-P U E . TAYLOR'S jr__ LQC~1~~ i~ SC~Ot1S ' V eV DAKOTA _ ST w:~ 09 ' I~F °FAFFLF~ Q~ 0 COQ % " ~ 10ALNU-1 i,.h GEOGRAPHIC INFORMATION. SYSTEM PROPOSED Transportation Bond Task Force Members: 1. ` Mark Padgett 2. David Anderson 3.` Joe Schweitz 4. Ted Spence 5. Phillip Pasteris 6. Steve Clark 7. PaUl Owen 8. Debbie Johnson 9. Bev Proude k~ D 9000 2000 3G00 4000 5000 Feat 1 =220C feet I Zi€W City of Tigard f p[ k° t r E A CITY OF TIGARD, OREGON RESOLUTION NO.99- k A RESOLUTION TO ESTABLISH A TRANSPORTATION BOND TASK FORCE TO DEVELOP AND PRESENT A TRANSPORTATION BOND MEASURE TO THE TIGARD CITY COUNCIL FOR CONSIDERATION BY THE VOTERS OF THE CITY OF TIGARD. WHEREAS, the Tigard City Council has adopted goals for 1999; and WHEREAS, one of the 1999 Council goals is to complete the City's transportation program development; and WHEREAS, one element of that goal is to identify and provide a list of transportation projects and develop a package of projects for a year 2000 bond measure; and WHEREAS, other elements of that goal are to enhance safety Citywide through safety-related improvements, traffic calming projects,. and installation of street lighting; and WHEREAS, another element of that goal is to plan for and construct sidewalks, pedestrian walking paths, and bike paths as part of the City's transportation network; and WHEREAS, the Council wishes to incorporate these safety-related, sidewalk, an d pedestrian/bike path projects as part of the transportation bond measure for consideration by the voters; and WHEREAS, the Tigard City Council desires to have a group of individuals representing a broad range of interests, backgrounds, and areas of concerns participate in the development of the.transportation bond measure; and WHEREAS, the Tigard City Council wishes to have this group participate in the placement of the bond measure on the year 2000 election ballot and promote the passage of the bond measure. NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council that: SECTION 1: A Transportation Bond Task Force is hereby established. Its membership shall consist of those individuals listed on the attached Exhibit 'W'. SECTION 2: The mission of the Task Force is to: (1) Identify the transportation, safety, d pedestrian/bike path projects for inclusion in the bond measure; and' (2) Present a consensus recommendation to the Planning Commission for comment, and to the City Council for approval; and (3) Develop and implement the process to receive and consider public input culminating with placement of-the bond measure in the year 2000 election ballot; and (4) Promote the bond measure to the public. RESOLUTION NO.99-_ Page 1 SECTION 3: The Task Force shall present its consensus recommendation to the City Council no later than the end of November 1999. SECTION 4: The City Engineer shall be assigned as staff liaison to the Task Force. Other City staff shall be used to support the Task Force activities as deemed necessary throughout the entire process. SECTION 5: At the first meeting the Task Force shall select a chair to preside over the meetings. The Task Force shall operate under Roberts Rules of Order. All meetings shall be noticed and conducted in accordance with the State of Oregon public meetings law. A quorum consisting of at least 6 members shall be required for the Task Force to meet. Minutes shall be recorded at every official meeting of the Task Force. SECTION 6: The Transportation Bond Task Force shall be considered as having accomplished its mission after successful placement of the Transportation Bond measure on the year 2000 election ballot, followed by promotion of the bond measure up to election day in November 2000. The Task Force shall be deactivated effective December 31, 2000, unless continued by resolution prior to that date. PASSED: This day of 1998. Mayor - City of Tigard ATTEST: City Recorder - City of Tigard lAQtyw1de\Res\Resalutlon establishing a Transportation Bond Task Force RESOLUTION NO.99-_ Page 2 EXIMI r «A9, 'transportation Bond 'T'ask Force Members David Anderson 7130 SW Pine Tigard OR 97223 Elaine E Beauregard 11600 SW Gallo Ave Tigard OR 97223 Steve Clark c/o Times Publications 6975 SW Sandburg St Tigard OR 97224 Debbie Johnson 11100 SW Tony Ct Tigard OR 97223 Brian Moore - Council Liaison 9835 SW Kimberly DR Tigard OR 97224 Mark Padgett 11270 SW 95th Tigard OR 97223 Beverly Froude 12200 SW Bull Mountain Rd Tigard OR 97224 Paul Owen 10335 SW Highland Dr Tigard OR 97224 Phillip Pasteris 8935 SW Pinebrook St Tigard OR 97224 Ted Spence 10430 SW 66th Ave Tigard OR 97223 Joyce Patton - Council Liaison PO Box 230725 Tigard OR 97281-725 Joe Schweitz 14352 SW 90th Ave Tigard OR 97224 ,W7y y~p~°\,oco-xooo cwaft k a hw a kik bmcbc AGENDA ITEM # FOR AGENDA OF ISSUE/AGENDA TITLE CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY 3 March 23,1999_ PREPARED BY: Laurie N. DEPT HEAD OK /AI CITY MGR OK ISSUE BEFORE THE COUNCIL The City Council needs to approve the proposed appointees who will serve with the Planning Commission as the Transportation System Plan (TSP) Task Force. STAFF RECOMMENDATION Staff recommends that the City Council approve the proposed representatives who will provide input to Planning Commission on special transportation interests. The list of potential representatives is attached to this summary sheet and will be attached to the resolution. These interests include: business, transit, and bicycle. INFORMATION SUMMARY At the March 9, 1999, City Council meeting, staff presented the Transportation System Plan public involvement plan. City Council supported the proposed public involvement program. At this meeting, City Council expressed support for the Planning Commission to serve as the primary review group for the TSP. In addition, City Council said that it supported three individuals representing business, transit, and bicycles to provide input to the Planning Commission. For the Transportation System Plan to proceed, Planning Commission must begin its public process for the TSP. If the resolution for the proposed transportation special interest appointees is not approved, the Transportation System Plan will not proceed and the process of developing the TSP with public input will be delayed. OTHER ALTERNATIVES CONSIDERED City Council can delay adoption of the attached resolution approving the Transportation System Plan Task Force. VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY Transportation & Traffic: Goals #1 and #2 FISCAL NOTES Not applicable i Aci"idel3-23-99ft=0-SUMAf AGENDA ITEM # t..y FOR AGENDA OF 3-23-99 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Public Hearing: Source of Long-Term Water Sunnly PREPARED BY: Cathy Wheatley DEPT HEAD OK CITY MGR OK ISSUE BEFORE THE COUNCIL Conduct public hearing for individuals to testify about the Tigard area's source of long-term water supply. STAFF RECOMMENDATION Receive public testimony from individuals. INFORMATION SUMMARY The City of Tigard Council and staff have been studying the options to select a long-term water supply for many months. The two options for consideration were the Portland Water System and the Willamette River. The Council appointed a 35-member Water-Advisory Task Force to examine these two options and make recommendations to the Tigard City Council The City Council is now at the point to receive public input and will conduct two public hearings: March 23, 1999, and April 13, 1999. The Council is scheduled to select the final option on April 27, 1999. On March 23, Council will hear public testimony from individuals for two hours. Persons who wish to testify will be asked to sign up on testimony sign in sheets. Each person will be allowed three minutes to testify; however, if only a few number of people are present, then the Council may reconsider the time allotted for each to speak. Council will hear testimony until 9:30 p.m. If, at 9:30 p.m., there are individuals who have not had an opportunity to testify, Council will determine whether to continue to hear testimony or ask individuals to come to the April 13, 1999, meeting to testify. Testimony from special interest groups will be heard by the City Council on April 13, 1999. OTHER ALTERNATIVES CONSIDERED N/A r VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY Visioning Goal: Actively participate in regional development of water sources and adequate innovative funding mechanisms to develop those sources for Tigard users while exploring local options for water reuse and groundwater sources. FISCAL NOTES Cost comparisons between the two options have been presented to the City Council and are one of the criteria upon which a final decision will be based. IAadm\cathy\counciNgcnda item summry sheet- water public hearing.doc Renee Cannon 5000 SW Meadows Rd. Suite 151 Lake Oswego, OR 97035 I would like to thank you for spending you time volunteering to help your community reach a decision on this important issue. I have served on the Lake Oswego Budget Committee and currently serve on the Design Review Board in Beaverton. I also am a work for a local business. dee1s~ I speak based on that background to urge you to make your recommendatj.Qn to tke based on the most reliable water supply source and the most cost- effective source. Part of my job takes me to Wilsonville and I know what impact a water moratorium has on the business communities ability to grow and maintain their facilities. Many local businesses in Wilsonville have been notified that again this May their water supply will be limited. Coca Cola Bottling, Fry Electronics, Mentor Graphics, Burger King, SYSCO Foods, Wilsonville School District and many others are affected by the unreliable well system being used in Wilsonville. I was told recently when Mentor Graphics wanted to expand their day care facility; a permit was not available for their expansion. They were finally successful in the completing the expansion, but had to replace all of the toilets in their Wilsonville facility with low flow fixtures to maintain their current usage level. This is a very inventive, but an expensive way to be able to add a small expansion. Water restrictions like this do not create an atmosphere for growing this business or other employment opportunities in Wilsonville. Many businesses do not have the ability to find creative ways to keep their water usage constant when expanding. Although Tigard in not in this drastic a situation, I believe you should look to the future and decide how you want your community to remain a great place to live and work. The safest finished water, produced by a reliable source at the lowest price will encourage existing businesses to grow, attract new jobs and families so your economy remains healthy. 1 /7uM/ e' o-f ' f dia e- 74 ~D YI n ~~Gt ,~C p u 7` (b~ A-) P ~Yr Ilen wrt e~ +esAirnO" 3(g4 Honorable Mayor and City Council: I helped to put together the Safest Water Coalition because I felt it was important to offset attempts by other groups to undermine the city's efforts to develop its own water supply. I suspect these folks are well intentioned. However, I also suspect that their ancestors were among those who stood on the dock telling Chris Columbus not to sail as he might drop off the face of the earth. Like those nay sayers of old, the Citizens for safe Water insist that there's "something" in the Willamette that should stop us from moving forward. They don't know what "it" is, but it is bad. They propagandize their position to the public, in spite of reports to the contrary, made by recognized experts. I only take offense when they present half-baked opinions as fact. Where are their studies? Who are their experts? What are their credentials for the assertions they make? This group would have us bypass the Willamette; a river which has been closely scrutinized by nationally recognized experts. They want us to use the "pristine" Portland water source because it is safer. I question their assertion. Portland water is frequently a blend of up to 20% well water. The well water comes from a source adjacent to the Columbia and surrounded by toxic industrial waste. It will take decades to clear out the pollution. How safe is that? Since what they are saying makes no sense, I am left wondering what is their real agenda? I am further offended that they want to take the matter out of the hands of the council. An intelligent solution can be made only after wading through reams of reports, spending hours in consultation, and sitting through various public hearings. It is unreasonable to expect most citizens to put this much time into a single issue. Most of the people I have talked with feel that this is exactly the type of decision for which they elect officials. They are satisfied that the Council will deliver the safest drinking water to their homes. It is ludicrous to hamstring the Council as it goes about its administrative tasks. The long-term water supply is too important to be decided on the basis of fears. It must be decided on facts. The citizens of Tigard have provided a framework for looking at the facts. Safety at the tap. Lowest Cost. Reliable source. Safety The experts have made safety a moot point. Dr. James Wilson, a nationally recognized expert convinced me that the water is safe. He asserted that even the raw water is relatively safe. This makes sense. People lower in the valley drink this water. Wildlife along the river drinks this water. People swim and ski in this water. Yet we hear of no reports of bad things resulting from their exposure to the Willamette. Dr. Wilson made these positive assertions about the most studied watershed in the region. I wonder how well the other rivers would hold up to such scrutiny. If studied so closely would the Bull Run still be called "pristine?" Dr. Wilson stated that not only would he drink treated Willamette water - he would give it to his pregnant daughter to drink. That persuaded me. People in Tigard are used to drinking treated water. Their main water source for years has been the Clackamas. Water is treated at the Lake Oswego plant and shipped over to us. Cost I won't say much about cost except to point out that the Willamette option has decided cost advantages over Portland. Since there are likely to be many challenges to increasing Portland's water capacity, I fear that we really don't have a bottom line for the Portland option. Reliability I admit that I am biased towards the Willamette solution because it is the only option that provides for ownership of the water itself. Why is that important? Ownership is the key to a reliable drinking water source. Tigard depends on other jurisdictions for their surplus water thus we have little control of a vital resource. As consequences of this dependence: Tigard water users suffer the shortages of any of its providers Because we can, at best, purchase only their surplus water; Thus, if there is likely to be a shortfall, we will be cut off. Example: In the last drought our neighbors in Lake O and Beaverton had green lawns. I had to replant mine after a summer of no watering. Although we got only 10% of our water from Portland, their contract with us called for imposing the same conservation measures on us as their political leaders imposed on them. Our water users also suffer from the politics in other jurisdictions. Blending water is apolitical decision at this point, but one in which Tigard would have NO say. Portland has been notorious to deal with in earlier contracts with Tigard. This is not to malign Portland Their water bureau is doing their job - getting the best deal for THEIR citizens. I will say the current environment is promising, but 1 must point out that it is subject to change. A thirty-year contract provides lots of time for political winds to change. Tigard can buy only surplus water from other jurisdictions. That provision is in their charters. But what is "surplus'? Is it water available after ALL other users get water; is it water available after all other drinking water needs are addressed, but before industrial needs are met? I suspect the definition of "surplus" has some room for argument. But again, this is subject to political manipulation. If Tigard aligns itself with the Portland option, it remains a small player in Portland's water game. I fa crisis occurs, such as mudslides taking out the pipes on Mt. Hood, Tigard will not be likely to get priority service. Tigard Water District water users are essentially perennial renters, never homeowners. As users rather than owners We subsidize the water rates of other jurisdictions. We automatically buy into any problem attendant to these jurisdictions' water systems. For example, it is well known that Portland wastes much of its water through leaks in their pipes. The cost of that lost water becomes a part of the system cost borne by Tigard. If Portland becomes the regional supplier, it will have to increase its capacity to meet all of the demands. However, according to Eric Sten, Portland has adequate capacity to provide for Tigard and Wilsonville now. Users who come in after us will push the need for capacity over the top. Portland has made it clear that Tigard will have to pay higher rates to build that new capacity, even though we get no direct benef t for it and don't get to vote on it. Everyfew years the city has to renegotiate its water supply; We come to the negotiation in a very bad position They know we have no supply of our own They know we desperately need what they've got They know there are veryfew providers As a consequence Portland is able to assert some very undesirable provisions in our contracts. Ownership now is important because it will not be available thirty to fifty years down the road. With the growth projected for the region, water is rapidly becoming a scarce resource. Water rights on most of the supplies are already staked out. This is really our last chance to have an ownership stake. Tigard must grab the opportunity. It is the only way to avoid becoming a perpetual beggar in the water game. In my opinion, ownership is the key to all of the factors on which citizens want you to make your decision. As an owner you will be able to control the safety of the water through the treatment process. As an owner you can best control the costs. Finally, with this degree of control over the supply and system maintenance, reliability is assured. Bob Rohlf 3/23/99 Agenda Item No. TIGARD CITY COUNCIL Meeting of • 1-3 AC MEETING MINUTES FEBRUARY 9, 1999 • STUDY SESSION > Mayor Jim Nicoli called the meeting to order at 6:30 p.m. > Council Present: Mayor Jim Nicoli, Councilors Paul Hunt, Brian Moore, Joyce Patton, and Ken Scheckla > Staff Present: City Manager Bill Monahan; Police Chief Ron Goodpaster; Human Resources Director Sandy Zodrow; Legal Council Tim Ramis; Labor Legal Counsel Ken Bemis; Community Development Director Jim Hendryx; City Recorder Catherine Wheatley; Deputy City Recorder Jessica Gomez; Development Review Engineer Brian Rager; Associate Planner Laurie Nicholson > AGENDA REVIEW Bill Monahan, City Manager, mentioned that Dr. Wilson, the water expert brought in by WWSA, would answer questions from the public from 8:00 p.m. to 9:00 p.m. in the Puett Room in the Library > EXECUTIVE SESSION The Tigard City Council went into Executive Session at 6:30 p.m. under the provisions of ORS 192.660 (1) (d), (e), & (h) to discuss labor relations, real property transactions, current and pending litigation issues. > Executive Session adjourned to Study Session at 7:05 p.m. > JOINT MEETING WITH PLANNING COMMISSION Jim Hendryx, Community Development Director, introduced the Planning Commissioners present: Dave Anderson, Nick Wilson, Jim Griffith, Darrel Glenn Mores, Shel Scolar, and John. Olsen. He suggested that the Planning Commission stay to hear the DKS report on the Transportation System Plan. Mr. Monahan noted the training provided for the new Planning Commissioners and Councilor. He invited the Commissioners to attend the Council's quarterly training sessions on various topics, including land use and ethics. Councilor Scheckla asked if the Commissioners had any continents on gated areas in the city or how to avoid situations where traffic issues polarized neighborhoods. Tim Ramis, City Attorney, cautioned the Council against discussing the facts of a specific case. Commissioner Griffith observed that the biggest issue the Commission faced for any development right now was insuring that the long-range transportation needs were met. He mentioned their diligent efforts to comply as much as possible with the direction from the Council and Metro to consider connectivity and logical transportation routes. He pointed out that restrictions (such as a limited number of bus routes and a limited amount of development CITY COUNCIL MEETING MINUTES - FEBRUARY 9, 1999 - PAGE 1 dollars) cut down on their creativity in resolving transportation issues. He cited their work to find a balance between transportation and development in all areas of the city with consistency. President Wilson commented that connectivity would not be such a contentious issue if arterials flowed freely and there was not so much cut-through traffic. He pointed out that the visioning study showed that people's greatest concerns in Tigard were with the traffic, particularly the arterial traffic. He held that the visioning study's conclusion that Tigard could not do much about arterial traffic because the arterials in Tigard were ODOT facilities was a shortsighted approach. He spoke to the City finding a way to leverage money from ODOT or seek Federal funding to solve the problem. Councilor Moore mentioned a tnoint brought »p at a meeting that he and the Mayor attended with Max Williams and an ODOT official. Although the Portland Metro area generated a considerable amount of the state gas tax dollars, those dollars did not find their way back into the Metro area. Mayor Nicoli commented that the State legislature controlled ODOT's funding. He expressed concerns with Senator Eileen Qutub's position on transportation funding packages proposed at the legislature. He said that District-4 and western Washington County produced a huge amount of State payroll tax and gas tax revenues but saw very little of it coming back to address their desperate transportation needs. He mentioned the Governor's position for all funding to go to road maintenance and none to new roads. Mayor Nicoli held that Senator Qutub could make things happen with transportation funding but probably would not do so. He said that ODOT would get no additional funding for the eighth year in a row. He pointed out that inflation alone "ate" 20% to 30% of ODOT's dollars. Councilor Scheckla asked if the City could condition developments to get developers to put pressure on Tri-Met to provide more bus service. Mr. Ramis indicated no. He commented that indirectly using a third party was a difficult way to create leverage with Tri-Met. Mr. Hendryx mentioned the public outreach meetings conducted by Tri-Met where staff presented the Council's concerns regarding additional bus service and routes. He said that Councilor or Commissioners could attend the upcoming meetings to reiterate these concerns. Mayor Nicoli mentioned the letters received by the City following the death of a pedestrian killed by a car shortly after stepping off a bus. He reported that the mayors of the eastern Washington County cities and two County Commissioners discussed their concern that Tri-Met returned only 50 cents on the dollar of the money from Washington County, and spent most of the money moving people around Portland. He stated that Tri-Met has pushed to run bus routes in Tigard on rural streets not equipped to handle pedestrians (lacking sidewalks and lighting). Mayor Nicoli stated that he would bring to Council the issue of possibly withdrawing from the Tri-Met district as a County unless Tri-Met paid more attention to the type of roads they chose for bus service. He would like to convey to Tri-Met that it was more important to have safe bus stops and bus routes on roads with sidewalks than it was to have more buses on the roads without regard for the condition of the road. He held that running a bus up Walnut was not a safe venture. He reiterated that the mayors were becoming frustrated with Tri-Met, the low return on the County's money, and the inadequate service. Mayor Nicoli informed the Planning Commission that the Council intended to appoint at least one Planning Commissioner to a new committee that would identify road projects, sidewalks and pathways for the next road bond (November 2000 election). He noted that this year the City CITY COUNCIL MEETING MINUTES - FEBRUARY 9, 1999 - PAGE 2 retired the bond for the improvements made six to ten years ago. He asked the Commission to recommend which member(s) should serve. Commissioner Olsen spoke to the excellence of the Metro training workshop for new Commissioners and thanked the Council for sending him to it. He asked if the Commissioners could get sensitivity training to handle the "hot button" issues (such as connectivity). He said that sometimes the animosity level facing the Commission was pretty high. Mr. Monahan suggested having Liz Newton work with Mr. Hendryx to explore what kind of training would be appropriate. Mayor Nicoli noted that the developers knew that the land use laws in the State would support their position, no matter what the neighbors' concerns were, and that often the neighbors did not know this. He spoke to staff setting up facilitation meeting (using Tigard's facilitation program) between developers and neighborhood representatives to resolve divisive issues before applications came to the Planning Commission. Commissioner Griffith pointed out that the Commission's charge was to determine whether or not an application complied with the Development Code; they did not have Council's ability to deal with non-Code related issues. He said that neighbors brought up valid concerns but those concerns had nothing to do with land use laws and regulations. He agreed that a middle step might help to resolve these situations before they got to the Commission. Mayor Nicoli suggested that if the Commission identified issues in an application that they could not address, they discuss the issues with the neighbors following the public hearing and the decision. In addition, they should inform the neighbors that they would send a letter to the Council recommending that the Council look at the situation. He asked that the Commission let the Council know about these items unrelated to land use law so that it could try to fix them. President Wilson commented that the most contentious issue by far was connectivity, an issue that was seldom truly resolvable. He noted that, with the new Code, the Commission would see subdivision applications only on appeal. Mr. Hendryx stated that staff has tried to educate the public on the different aspects of land use through the CIT format. He explained that the developers met with the neighborhood separately from the CIT forum. Councilor Scheckla asked if the Commission had any trouble dealing with Goal 5 and wetlands. President Wilson said that they deferred to the Corps of Engineers and the Division of State Lands, as they did not address those issues at their level. > Mayor Nicoli adjourned the study session at 7:42 p.m. 1. BUSINESS MEETING 1.1 Call to Order - City Council & Local Contract Review Board Mayor Jim Nicoli called the meeting to order at 7: 42 p.m. 1.2 Roll Call Mayor Nicoli, Councilors Patton, Scheckla, Hunt, and Moore were present. o The Council heard the water quality report at this time. CITY COUNCIL MEETING MINUTES - FEBRUARY 9, 1999 - PAGE 3 1.4 Council Communications Councilor Hunt reported on the Affordable Housing meeting. He mentioned the moving testimony from a working single mother who has benefited from the low-income housing at Villa La Paz in providing for herself and her daughter. 1.5 Call to Council• and Staff for Non-Agenda Items Mayor Nicoli said that he would discuss a response to the letters received regarding the pedestrian death. Mr. Monahan asked to pull Consent Agenda Item 3.4 for discussion at next week's meeting and action on February 23. He reminded Council of the special meeting on the Erickson Heights subdivision tomorrow night. 2. VISI IOR'S AGENDA o Bonnie Bishop, Citizens for Safe Water Committee, asked for clarification regarding the Water Advisory Task Force appointments. She noted that she has been asked to serve. She stated that she did not appreciate the Mayor's comments during the study session regarding Senator Eileen Qutub, and held that he owed her and the citizens of District 4 an apology. She asked if the Council would allow the Task Force to bring in independent technical advisors. Mayor Nicoli stated that the Task Force would not be controlled in anyway by the Council and was free to bring in other consultants. He emphasized that the Task Force would appoint its own leadership and set their own agenda. Ms. Bishop asked about the selection process. Mayor Nicoli reviewed the selection process used by staff to fill the 20 to 30 slots on the Task Force with as broad a representation of the city and special interest groups as possible. He mentioned that he and Councilor Hunt gave some input. He commented that he did not know a lot of the people on the list that staff would ask Council to approve tonight. Ms. Bishop asked that more members of the Citizens of Safe Water Committee be placed on the Task Force. Councilor Hunt stated that the list was representative of the community, including the outlying areas. He did not support adding people. Mayor Nicoli noted that Ms. Bishop was on the Task Force. He disagreed that the Task Force would not listen to Ms. Bishop's group. Ms. Bishop contended that the information being put out was untruthful, and therefore the information from the Citizens for Safe Water would not be heard. Councilor Moore asked, if the Citizens for Safe Water Committee wanted to hear the facts, why did only two or three of their members attend the Council meetings where the water issue was discussed. He mentioned last week's meeting where the City's financial officer described the costs of the two options, and tonight's meeting where a water expert would address a specific issue. Ms. Bishop said that their committee was not notified that Dr. Wilson was coming tonight. Councilor Moore pointed out that the agenda was published in advance and available to anyone. Ms. Bishop said that the City of Tigard was spending $165,000 to promote the Willamette River. Councilor Moore said that they were not promoting the River, they were studying it. Ms. Bishop stated that hundreds of citizens did not want the City to go to the Willamette River because they had a reasonable doubt about it. Councilor Moore commented that the Council did not want to debate the merits of either side tonight and would take Ms. Bishop's point about the Task Force under advisement. CITY COUNCIL MEETING MINUTES - FEBRUARY 9, 1999 - PAGE 4 Ms. Bishop argued that the deadline date of April 13 was arbitrary and that the Task Force should have as much time as it took to examine the situation. Mayor Nicoli said that it was Ms. Bishop's task to convince her peers on the Task Force that she had a legitimate point. He emphasized that the Council was staying out of it. He pointed out that the Council started reviewing the two reports (received in mid-December) only last week. They would have perhaps 30 days longer than the Task Force to review the reports. He reiterated that the people on the Task Force were equally concerned about drinking water quality and would listen to anyone with sincere issues. Ms. Bishop held that the committee was stacked because some of the people, like herself, told staff what their position was. 3. CONSENT AGENDA Mayor Nicoli noted that Item 3.4 was pulled. Motion by Councilor Hunt, seconded by Councilor Scheckla, to approve the Items 3.1, 3.2, and 3.3 of the Consent Agenda. Motion was approved by unanimous voice vote of Council present. (Mayor Nicoli, Councilors Patton, Scheckla, Hunt, and Moore voted "yes.") 3.1 Approve Council Minutes of: November 17, 24 and December 8 and 15,1998 3.2 Receive and File: a. City Council Calendar b. Tentative Agenda 3.3 Approve Amendment to Personnel Policies for Management, Supervisory and Confidential Employees by Adding New Articles 1, 5, 17, 18 and 19 - Resolution No. 99-07 Removed from Consent Agenda: 3.4 Local Contract Review Board: Award Bid for Construction of Pavilion and Picnic Shelter at Cook Park to Robert Gray Partners e The Council heard Agenda Item 5 at this time. > WATER QUALITY REPORT STAFF REPORT Kevin Hanway, Executive Director, Willamette Water Supply Agency, introduced Lisa Obermeier from Montgomery Watson. Lisa Obermcier, Montgomery Watson, gave a slide presentation of the quarterly update on the raw water monitoring program which the City started in July 1998 as a continuation of the Tualatin Valley Water District's program begun in 1994. She explained that the Tigard program expanded the number of contaminants they tested for, including everything covered under the Safe Drinking Water Act and EPA Contaminant Candidate List, anything found by USGS in their previous work in the Willamette Basin, and endocrine disrupters, bacteria, and organic chemicals. Ms. Obermeier said that the data found in the August and November samplings has been consistent with the data found since 1994: no red flags. She reviewed the organic sampling program in detail. She mentioned the one regulated herbicide that they found in August at 2 parts per billion (less than half the allowed levels in drinking water) but noted that they did not find CITY COUNCIL MEETING MINUTES - FEBRUARY 9, 1999 - PAGE 5 again in the November re-sampling. She said that the one detect out of 240 chemicals, dichloromethane, was at levels well below the finished water standards. She pointed out that this chemical was also a frequent lab contaminant. She stated that the results from the January sample of the river under winter conditions would be available in six weeks. Councilor Hunt asked what the comparison of Willamette River raw water was to Clackamas River raw water. Ms. Obermeier said that the water looked very similar in terms of softness, pH, and turbidity. She noted that she could not compare levels of organic chemicals because most utilities did not test for organic chemicals. She observed that the two river basins had similar land uses: mostly forested with some agricultural and urban development. She mentioned that Joe Glicker of Montgomery Watson was also present. Councilor Scheckla asked if the consultants intended to test during the spring when most people fertilized their lawns or crops. Ms. Obermeier explained that the scientists theorized that the chemicals were highest in the river during the first flush or the first major rainstorm washing the surface of the land. She stated that they would take their last sampling in April/May. Ms. Obermeier confirmed to Mayor Nicoli that in this program they did not take daily samples but instead took them at regular intervals. She mentioned a pilot treatment plant program on the river during which they did take daily samples over a six-month period. Mr. Hanway stated that, in the past four years that the WWSA has been studying the viability of the Willamette River as a water supply option, they reached the conclusion that the Willamette River should be tapped as a water supply source. He said that, based on their research and a comparison of findings with other water sources in the region and country, they continued to have the highest confidence that the Willamette River would provide a high quality source of water. Mr. Hanway said that they recognized the different levels of public understanding about the facts and the different levels of public confidence. He informed the Council that, in response to recent concerns expressed about endocrine disrupters, the WWSA sent a water sample to CTRAPS (Consultants in Toxicology and Risk Assessment and Product Safety) for testing. He reviewed the credentials of Dr. Daniel Berg, head of CTRAPS, as an authority on the endocrine disrupter issue. Mr. Hanway said that the bioassay done on their water sample was the same test that EPA anticipated using to test for a wide variety of chemicals. He noted that a test was conducted on only one sample but indicated that Dr. Wilson would explain why they were confident of the results. He mentioned the importance of having this information available to Tigard citizens this spring for their decision making process as opposed to waiting through several years of tests. Mr. Hanway introduced Dr. John Wilson, Vice President of CTRAPS, here to present and interpret the findings. He reviewed Dr. Wilson's credentials, mentioning in particular his interest in studying how governmental bodies used scientific information in setting policy. Dr. John Wilson, CTRAPS, reported that there was no detectable activity of the endocrine disruption kind found by this test. He mentioned that this was the first use of this specific and sensitive test (developed by a University of Michigan professor) on water. He commented that, based on the testing already done on the Willamette River water, he would have been very surprised if the test did turn anything up. He stated that, in terms of chemical activity, the raw water was safe. He pointed out that the purification process would take out most of what was left. He said that they could be confident that the water coming out of the treatment plant was safe to drink. CITY COUNCIL MEETING MINUTES - FEBRUARY 9, 1999 - PAGE 6 Dr. Wilson explained how the issue of endocrine disrupters came to the forefront three years ago. He said that Leah Colburn had reviewed environmental literature, found examples of wildlife with developmental abnormalities, and attributed these abnormalities to disruption of the endocrine system. He mentioned that most of the examples were very site specific. He stated that her book created enough of a stir to put this issue on the national agenda with Congress ordering the EPA to do testing. Dr. Wilson commented that the exact nature of the testing was still being debated but likely this year the EPA would start testing for a fraction of the 20,000+ organic chemicals used in commercial production. Dr. Wilson explained that the first part of the three-screen process that the EPA would use to test chemicals for endocrine disruption ability was this test developed by Dr. Jack LaRusky (which he adapted to test water). He stated that the test was intended as a screen to see if there was any trace of this activity in the water, not as a way to characterize water quality or to describe with thoroughness how this kind of activity would vary through the year in different flow levels. He said that they reasoned that a single sample taken three times in early November before the fall rains started represented something close to the normal flow of water in the Willamette. Dr. Wilson said that most sources of endocrine disrupters would come continually into a river (as opposed to episodic occurrences at peak flows). Therefore, they concluded that the test did give valid information to help increase confidence that the water was safe. Dr. Wilson described the specifics of the test that used genetically altered human cancer cells to test for the ability of a chemical or something in the water to mimic the effects of the natural hormone estrogen. He explained that for the hormone activity to occur, an estrogen receptive protein had to be present. Dr. Wilson said that the test detected no such estrogenic activity in the Willamette River water at a level of.003 micrograms per liter. For comparison, he stated that adult women produced 200 to 300 micrograms of estrogen every day and adult men produced 5 to 10 micrograms per day. To illustrate the term microgram, he said that a typical two-pill dose of aspirin or ibuprofen was 400,000 micrograms Dr. Wilson stated that, in his judgment, that there was no threat from endocrine disrupters in the raw water from the Willamette River or in the treated water coming out of the system. He said that he and his children would drink it. Mr. Hanway pointed out that WWSA went the extra mile in having this test done in order to assuage the concerns of citizens. He said that the sensitivity component of the test could detect things down to a level of 3 parts per trillion, and yet they found nothing in the water. He explained why the two chemicals they found traces of in the water could not be endocrine disrupters. The chemicals were the wrong shape to fit into an estrogen receptor. Therefore, they could conclude that these chemicals were not endocrine disrupters. Councilor Scheckla asked if they have tested bottled water. Dr. Wilson said that, to his knowledge, no test of this kind has been conducted on any water sample anywhere ever before. Mr. Hanway mentioned that this state-of-the-art test has been published, peer reviewed, and conducted on individual chemicals, just not on water. Mayor Nicoli thanked Dr. Wilson for coming. CITY COUNCIL MEETING MINUTES - FEBRUARY 9, 1999 - PAGE 7 > REPORT FROM KAMPE & ASSOCIATES WIDENING OF SW 92ND AVENUE (PARK MASTER PLAN) STAFF REPORT John Roy, Property Master, introduced Ron Kampe of Kampe & Associates, the consultants providing the engineering and design services for the Cook Park Master Plan expansion project. He said that, in January, the Council directed staff to look at improvements to SW 92nd Avenue leading into. Cook Park. He noted that the focus was on improving traffic flow and pedestrian safety and providing safety in general to the public for current and anticipated use of the park. He mentioned the meetings between the consultants and staff, including the Police Chief and the Public Works Director, to identify needs for improving SW 92nd Avenue. Ron Kampe, Kampe & Associates, presented the five options developed during the meetings with staff to address traffic, pedestrian, and bicycle safety and emergency vehicle access issues relating to the use of Cook Park. The five options he reviewed using the cross-sections were: An 88 foot wide configuration with (1) 12-foot center turn lane, (2) 12-foot travel lanes, (2) 8- foot bike lanes, (2) 10-foot parking strips, and (2) 8-foot sidewalks, adding on (2) 3-foot buffer strips for a total width of 94 feet; ® A 68-foot wide configuration that with (1) 12-foot center turn lane, (2) 11-foot travel lanes, (2) 6-foot bike lanes, (2) planter strips, and (2) 6-foot sidewalks, adding on (2) 2-foot buffer strips; o A 66-foot wide configuration with no center turn lane, (2) 12-foot travel lanes, (2) 6-foot bike lanes, (2) planter strips, and (2) 6-foot sidewalks, adding on (2) 2-foot buffer strips; o A 62-foot wide configuration with (1) 12-foot center turn lane, (2) 11-foot travel lanes, (2) 6- foot bike paths, no planter strips, and (2) 8-foot sidewalks, adding on (2) 3-foot buffer strips; A 52-foot wide configuration with no center turn lane, (2) 12-foot travel lanes, (2) 6-foot bike lanes, no planter strips, and (2) 8-foot sidewalks, adding on (2) 2-foot buffers. He pointed out the significant cuts and fills coming down the hill and the wetland fills, noting that the wider the configuration, the greater the impact. He mentioned the desire to plant trees in a planting strip to enhance the aesthetics of this park entrance. He said that a center turn lane was very important for emergency vehicle access, especially during high-volume events. Mr. Kampe presented the cross sections at the wetland areas. He said that these were the most critical cross-sections because they would have to mitigate any significant impact. He mentioned the difficulty in finding sufficient space to do so without impacting the objectives of the master plan. COUNCIL QUESTIONS Councilor Hunt asked if Mr. Kampe recommended any one of the alternatives. Mr. Kampe said that the staff committee agreed on the importance of the center turn lane for emergency vehicle access but also agreed that Option 1 was too grandiose. That left them with Options 2 and 4. Councilor Hunt asked if they had any costs. Mr. Kampe said that they have not done any costs. He mentioned that they brought Option 5 forward because during high-volume events, the City could cone off the street into three travel lanes and not permit bike access for those events. He noted that doing so worked against the goal of providing good access to the full community. CITY COUNCIL MEETING MINUTES - FEBRUARY 9, 1999 - PAGE 8 Councilor Scheckla asked several questions on the bike paths. Mr. Kampe confirmed that there were two bike paths in each plan. He said that they included bike paths and sidewalks on both sides because the police chief felt they were necessary for safety reasons, especially during high volume events. Councilor Scheckla held that one 8-foot bike lane was sufficient to accommodate bike traffic, except for a few events. He pointed out that they would gain four feet for use for something else. Mr. Kampe mentioned that a single bike path would have to be separated from the road. o Mayor Nicoli recessed the meeting at 8:36 p.m. for a break. w Mayor Nicoli reconvened the meeting at 8:48 p.m. In response to Councilor Scheckla's questions about the bike path, Mr. Ramis commented that, from a legal standpoint, a bicycle was a vehicle that was supposed to be on its own side of the street. He said that a 6-foot bike path was not suitable for two-way traffic. COUNCIL DISCUSSION Councilor Moore cited his experience riding a bike on SW 92"d Avenue. He said that it was very dangerous for a bike rider going down the hill when a car was coming up the hill. He expressed concern at what could happen with kids weaving up and down the hill on their bikes. He agreed that they needed two bike lanes. Councilor Hunt expressed concern at spending money on this project without knowing what other dangerous locations in the city also needed improvement. Councilor Moore asked where the money would come from to fund these SW 92nd Avenue improvements, noting that they did address_park access issues. Mr. Monahan said that he thought it likely that the funding would come from street funds before it came out of park funds. Councilor Hunt asked if the Council could legally take the money out of park funds. Mr. Ramis said that they could probably do that but they would have to be careful about how they constructed CIP. Councilor Hunt requested further discussion of cost allocation and other areas needing money. Councilor Scheckla asked if, in the future, a path would come from the USA treatment plant on 85'h Avenue to provide another park entrance. Mayor Nicoli said that the master plan did call for a pathway from the park to the USA treatment plant to Durham Road. He mentioned that the City of Durham had clearly indicated that they did not want the regional pathway along Fanno Creek and the Tualatin River to go through their city. Councilor Scheckla asked if the pathway would be more beneficial than bike lanes on both sides of 92"d. He suggested using 90"' to get to 92d. Mayor Nicoli said that, for him, the issue was one of safety, not an issue of redirecting people. He held that, with the schools in the area, the kids would shoot down the steep hill just for fun. Therefore, it was important to keep the bike traffic separated from the car traffic. Mayor Nicoli asked the Council to indicate their preferences regarding the five options so that Mr. Kampe could put together a budget. He commented that he did not see the Council giving direction tonight to implement an option but a price would be useful in the long term planning for the park. Councilor Hunt asked if they had the money for this cost study. Mayor Nicoli said that it was part of the contract already. Mr. Roy commented that they needed to know what the road design would be so that they could incorporate it into the entrance to Cook Park, and avoid redesigning the park entrance whenever the road improvements went in. CITY COUNCIL MEETING MINUTES - FEBRUARY 9, 1999 - PAGE 9 Councilor Hunt commented that they could use a combination of elements from the various options. Mayor Nicoli said that he liked a combination of Option 4 (with the rock wall on both sides through the wetland to minimize the impact) and Option 2 (once past the wetlands, widening the road and sidewalks and planting trees). Councilor Scheckla suggested planting flowers in the planting strip. Mayor Nicoli said that he thought that a nice row of vegetation would make a nice entrance to the park, whatever that vegetation was. He mentioned a waterfall also. Councilor Moore said that his first choice was Option 2 with the planter strip and his second choice was Option 4 without the planter strip. He said that he could also support a combination of the two options. He stated that it was important to have three lanes, sidewalks and bike lanes. He pointed out that they already had a lot of vegetation on the upper half of the road, so they would need to plant vegetation only on the lower flat part. Councilor Hunt expressed concern for protection for the sidewalks and bike lanes from the travel lanes. Mr. Kampe explained that they used eight-foot sidewalks when sidewalks were immediately adjacent to travel lanes. He mentioned a possibility of using six-foot sidewalks if adjacent to the bike lane. Councilor Hunt spoke in favor of eight-foot sidewalks, citing the Durham Road sidewalk as a positive example. Councilor Patton said that she liked the idea of planters extending through to provide more protection for the pedestrians. She supported minimizing the impact on the wetlands as much as possible, and the combination of the two alternatives. Councilor Scheckla also supported the combination. Mayor Nicoli asked that Mr. Kampe look at the costs of the improvements in segments. He mentioned the possibility of doing half of the improvements at the same time as the parking lots and the other half two years later. He reminded the Council that the Task Force had dropped a second access road to the park because of its impact on the wetlands, and agreed to rely on one road. He indicated that they struck a deal with the neighborhoods to address the transportation issues on that road, if they used a single access road into the park. Councilor Hunt said that he felt this was more of a park improvement than a street improvement. Mayor Nicoli agreed. Councilor Hunt asked to direct staff to check into using parks money for this project, rather than street money. Mr. Kampe pointed out that, although they were asked to look only from the park entrance to Waverly, eventually the City would have to address the road situation from Waverly up to the existing improvements at the development. Mayor Nicoli asked whether or not Mr. Kampe has determined if most of the perpendicular part was City right-of-way. Mr. Kampe said no, they have not done a title report for that area. He stated that they were relying on the right-of-way map for the area and the development plats. He pointed out where the City had a 60-foot right-of-way but commented that the City probably did not own all of the parking. Mayor Nicoli mentioned that, during their one major event, the School District allowed the City to take over the parking on their property. Councilor Hunt suggested approaching the School District, as the City was doing much of this for the good of the children in the area. CITY COUNCIL MEETING MINUTES - FEBRUARY 9, 1999 - PAGE 10 PUBLIC COMMENT Mayor Nicoli opened up the meeting to public comment. e Martha Bishop, 10590 SW Cook Lane, asked if they included a bus turn around in the plan. She mentioned the insurance requirement that buses not back up. Mr. Roy indicated that a bus turn around has been included. The Council heard Agenda Item 1.5 at this time. 5. UPDATE ON TRANSPORTATION SYSTEM PLAN (TSP) STAFF REPORT Gus Duenas, City Engineer, introduced Randy McCord of DKS Associates, the consultants on the TSP. He mentioned that this part of the TSP focused only on motor vehicles. He said that, at some point, they would have to include alternate modes of transportation, such as a bike and pedestrian pathway plan. Randy McCord, DKS Associates, used a PowerPoint presentation to review the findings of the study. He explained how planners used a TSP to look 20 years out while working within a five- year time frame. Updates every five years allowed planners to respond to changes in the transportation environment and business methods. He mentioned the State Transportation Planning Rule mandating four key elements in a TSP: multi-modal, trip reduction, local streets, and performance standards. He pointed out that cities had to have a TSP in place one year from the adoption of the Metro Regional Transportation Plan. Mr. McCord reviewed the project history. He noted that much of the work on street functional classifications began in 1994. He explained that they worked with staff to get accurate local and regional traffic forecast projections based on land use when they realized that the Metro numbers were not accurate. He mentioned that land use was a critical element in transportation, with land use changes effectively determining changes in traffic volumes. Mr. McCord reviewed the trends they identified in their modeling. He mentioned substantial growth in the next 20 years with accompanying substantial transportation improvements. He pointed out that the city has been living on the capacity provided for when they built the roads 20 years ago. Now those roads were reaching their capacity with levels of service "D" and "E." He mentioned that, on a weekday, they found an average of 1.1 riders per car on 99W while on the weekends that average increased to 1.5. He concluded that they could achieve higher occupancies on the roadways and thus extend the road capacity. Mr. McCord identified 99W, Hall at 99W and in the Washington Square area, and 72"d Avenue as the key congestion areas both now and in the future. He said that the 20-50% growth potential in the region, particularly in the Tigard streets, was due primarily to the development of vacant land. He noted that their models also showed that from 50% to 70% of the traffic on 99W came from points outside of Tigard and went to points outside of Tigard. Tigard had a responsibility to deal with the regional traffic traveling through their town. Mr. McCord mentioned key policy issues identified: widening 99W, freeway widening, maintaining three lanes on key Tigard routes, and circulation and volume improvements in the southern and western parts of Tigard, including the Triangle. CITY COUNCIL MEETING MINUTES - FEBRUARY 9, 1999 - PAGE 11 Mr. McCord observed that 99W was the most critical over-capacity route in the Tigard area. He stated that even if they widened the road to 7 lanes, certain sections still would not be able to handle the volume of increased traffic. Therefore, one option was to leave 99W as it was, and look for other solutions. He said that they found that if they operated the roadway better and increased the number of vehicles per lane, they might pick up 10% here and there on the fringe. He mentioned that while the proposed I-5 to 99W connector would attract a lot of traffic, it did not necessarily provide traffic relief to Tigard. Mr. McCord said that they looked at strategies for widening freeways, including an expressway facility running parallel to 99W, but concluded that all widening options were very expensive. He pointed out that their modeling showed that if they did not provide adequate capacity on the freeways, then the traffic cutting through Tigard increased, particularly on 99W, Halt Blvd., and 72°a Avenue. Mr. McCord discussed the issue of how wide the east-west connector streets like Hall, Durham, Bonita, McDonald, and Gaarde should be. He said that if the City had a policy of no five-lane streets, then they would have to look at other solutions of new extensions or connections. Examples included taking Walnut across 99W to Hall or connecting Hall to Hunziker in the industrial area north of Fanno Creek or installing a 217 overcrossing at Hunziker and Hampton. He pointed out that when looking at roadways, they had tradeoffs whatever they did: they either widened roads or they did something else. If they did not widen 99W, they impacted their east- west connectors and they would have to deal with those. Mr. McCord said that a fourth key policy issue was north-south capacity in the southwest Tigard area. He stated that they knew that they had to do something about Beef Bend and Elsner or the roads would go over capacity within 20 years. He mentioned that limiting direct residential driveway access to major roads could double the capacity of a road, and was a key stratep to consider in planning for that area. He noted that, in their consideration of extending 150 Avenue south to Elsner, they realized that a route to get traffic to Beef Bend Road (to skirt around Tigard) was a better option than a route paralleling Beef Bend Road. He pointed out that people would heavily use a corridor linking the Elsner/Beef Bend Road corridor to the I-5/99W connector. Without that connection, traffic filtered back through Tigard. Mr. McCord said that the last of the planning issues was the Tigard Triangle that lacked connectivity and capacity. He stated that the percentage of local traffic on Hwy. 99W at full build-out of the Triangle rose from 30% to 70%. He spoke to a seventh lane for Hwy. 99W in the Triangle segment in order to provide the needed additional capacity. He mentioned that without a seventh lane they would have to put in an expressway facility that in turn required frontage roads to access businesses. He stated that either widening the road or putting in frontage roads was expensive with severe impacts on the area. Mr. McCord commented that if they extended Atlanta Street towards Dartmouth, they might not need to widen Dartmouth and 72nd to five lanes because Atlanta Street provided a connection from I-5 into the Triangle. He stated that the initial test results of a 217 overcrossing from Dartmouth to Hunziker and Hall did not necessarily eliminate the need for seven lanes on Hwy. 99W. He explained that what would make the overcrossing work was connecting it to the freeway but the spacing standards did not allow that. Mr. McCord explained that the functional classification of a roadway was intended to describe the function of the road in connecting within the community and/or region, not the volume of traffic it carried. A freeway provided regional connections, an arterial provided inter-city or sub-regional CITY COUNCIL MEETING MINUTES - FEBRUARY 9, 1999 - PAGE 12 connections, a collector provided intra-city connections and a local street provided neighborhood connections. He said that what they heard from the open houses was that there was a gap between the collector roads and the local roads. Some local roads acted like collectors and some collectors acted like local roads. Mr. McCord said that there was a need for connectivity on the neighborhood level. He suggested developing a new classification for roads to get traffic out of the neighborhoods. He stated that they needed to make sure that the street design standards addressed issues such as speeding traffic and traffic calming. He described the traffic volumes for these neighborhood collector streets as more than 500 cars per day, possibly up to 2,000. Mr. McCord mentioned that the Transportation Planning Rule and the Metro Functional Plan both provided for better local street connectivity for all modes of traffic. He pointed out that if people had to go half a mile out of their way to get to their destination, they would not walk or bike there. He emphasized that pedestrian and bicycle connectivity was a critical accessibility issue within the street system as a whole. Mr. McCord pointed out that an interconnected set of local streets would reduce the number of vehicle miles traveled in a community (which widening highways would not). He stated that providing connectivity on all local streets balanced the traffic flow so that no one street carried an unfair share of the traffic burden. In addition, pushing all.the traffic onto one local road created capacity problems on Hall or 99W but dispersing the traffic to many streets did not. He mentioned the Metro spacing standards given as guidelines to local agencies to create connectivity for motor, bicycle, and pedestrian traffic. Mr. McCord reviewed the public involvement process used in developing the Transportation System Plan. He mentioned a citizens advisory committee, joint City Council/Planning Commission meetings, and open houses as methods of gathering citizen input. He said that the result would be to provide information for policy decisions, to provide recommendations for action plans, and to produce the draft TSP with a plan for each transportation mode. Mr. McCord asked the Council to approve developing the TSP as a multi-modal document, to approve the public involvement process, and to provide input on the key policy issues. He mentioned the need to coordinate with Metro's Regional Transportation Plan to insure getting their projects in the regional funding stream for transportation. He said that it was critical to move forward now with the bond measure so they could attach the critical projects identified in the TSP to the measure. COUNCIL DISCUSSION Mayor Nicoli noted that the Council intended to set up a Task Force to identify projects for the road bond measure. He asked if Mr. McCord was recommending a second simultaneous Task Force to work on the TSP. Mr. Duenas stated that they did need a Task Force to focus on the road bond issue. They also needed a committee to take the TSP all the way through to adoption in order to beat the deadline. He confirmed that both processes could occur at the same time. Mayor Nicoli asked what their options were for a citizens advisory committee. Mr. McCord described the five different processes that they have used in working with various communities in the Metro region. He said that the Council could set it up however it wanted to but it was important to have representation from the Planning Commission and the City Council. CITY COUNCIL MEETING MINUTES - FEBRUARY 9, 1999 - PAGE 13 Mr. Hendryx mentioned that the City has used task forces involving both citizens and the Planning Commission in the past. Commissioner Griffith held that these mixed task forces have worked very well, citing the Code rewrite and the greenspaces task forces. He pointed out that Tigard did not control some of the roads that had the greatest impact on their street system, but ODOT did. He spoke to including ODOT on this Task Force since they needed ODOT's cooperation to make anything work. He observed that the ODOT signal lights were "traffic on demand" lights which were not an efficient way of moving people through the city. Mr. McCord stated that ODOT's reluctance to participate in certain issues was funding driven: ODOT had no money to do anything, and therefore why should they participate? He said that they would make recommendations in the plan with regard to signal light timing. He spoke to involving ODOT on a technical advisory committee and inviting them to serve on the Task Force. Mayor Nicoli agreed that they were unlikely to see a change in direction from ODOT until their funding situation changed. Councilor Moore stated that having the public process was very important to him, as those who made the recommendations would support the recommendations. Councilor Scheckla supported the Planning Commission taking this on, expressing a concern that involving a lot of citizens would drag the process out. Mayor Nicoli suggested that the Planning Commission form the core group with citizens from the community and special interest groups, a Councilor, and a Washington County representative also serving. Mr. Hendryx said that staff could report back with a structure similar to the Mayor's suggestion. Laurie Nicholson, Associate Planner, mentioned the staff discussion of forming a technical advisory group with representatives from City staff, Washington County, ODOT, and other agencies with a second citizen's advisory group formed around the Planning Commission. Councilor Scheckla requested only one representative from each group. The Council agreed by consensus to direct staff to develop the structure as discussed. Mr. McCord asked for another time to meet with Council to get Council's input on the five key policy issues. Mayor Nicoli. suggested setting aside time in the March workshop meeting to bring the whole group together, including the Task Force. 6. CONSIDER PROPOSED MODIFICATION OF ENGINEERING DEPARTMENT FEES AND OPPORTUNITY FOR PUBLIC COMMENT STAFF REPORT Brian Rager, Development Review Engineer, mentioned that in November he had presented the Council with the staff conclusion that the current fee structure was not adequate to recover costs in two areas in particular: address assignments and permits for work in the public right-of-way. He explained that the right-of-way work permits had a basic 4% flat fee while the address assignments had no fee. He stated that their costs were exceeding their revenues by 70%. Mr. Rager described a "cost recovery system" used by other jurisdictions. This system based the final fee on the actual time spent by City staff in going through the complete process. He said that staff has had success with this method in the urban services area and would like to adopt this same fee structure (patterned after Washington County) for the rest of the city for consistency purposes. CITY COUNCIL MEETING MINUTES - FEBRUARY 9, 1999 - PAGE 14 Mr. Rager said that many jurisdictions did not charge an address fee but wished that they did. He noted that Washington County and Portland were both considering increasing their $15 address fees because $15 did not cover the costs. Mr. Rager reported that no one attended the January 6 public open house he held on these fee increases. He concluded that this was not a radical proposal, and it was consistent with how other jurisdictions recovered their costs. He recommended adoption of the resolution to modify the fees. COUNCIL DISCUSSION Councilor Scheckla commended Mr. Rager on the excellent written staff report. Mayor Nicoli asked if there was any public comment. There was none. Motion by Councilor Scheckla, seconded by Councilor Patton, to adopt Resolution No. 99- 08. The City Recorder read the number and title of the resolution. RESOLUTION NO. 99-08, A RESOLUTION ADOPTING FEES AND CHARGES TO BE COLLECTED BY THE ENGINEERING DEPARTMENT RELATED TO PUBLIC IMPROVEMENT PERMITS AND ADDRESSING. Mayor Nicoli asked when this resolution would take effect. Mr. Ramis recommended including a specific date in the motion. Mr. Rager stated that he had assumed an effective date in 30 days. Motion amended by Councilor Scheckla, seconded by Councilor Patton, to make the resolution effective in 30 days. Motion was approved by unanimous voice vote of Council present. (Mayor Nicoli, Councilors Patton, Scheckla, Hunt, and Moore voted "yes.") 7. ESTABLISH AND APPOINT MEMBERS OF THE WATER ADVISORY TASK FORCE Mr. Monahan referenced the updated list of the 36 citizens who have agreed to participate on this Task Force. He said that the first meeting date was February 18. Motion by Councilor Moore, seconded by Councilor Hunt, to adopt Resolution no. 99-09. The City Recorder read the number and title of the resolution. RESOLUTION NO. 99-09, A RESOLUTION TO ESTABLISH A WATER ADVISORY TASK FORCE TO ADVICE THE CITY COUNCIL ON DETERMINING A PERMANENT LONG RANGE WATER SUPPLY FOR THE CITY OF TIGARD. Motion was approved by unanimous voice vote of Council present. (Mayor Nicoli, Councilors Patton, Scheckla, Hunt, and Moore voted "yes.") CITY COUNCIL MEETING MINUTES - FEBRUARY 9, 1999 - PAGE 15 8. PRELIMINARY ENGINEERING REPORT 69TH AVENUE LOCAL IMPROVEMENT DISTRICT (LID) STAFF REPORT Mr. Duenas recounted the Council's approval of Specht Development's petition to create this LID (Resolution 98-52) and direction to develop the preliminary engineering report. He said that staff retained the firm of DeHaas and Associates to do so. He mentioned the staff recommendation on December 8 to extend the LID boundary down to Hampton and the Council direction to explore the possibility of including the extension of Beveland from 68" to 69 h. He said that if the Council passed the resolution of intent to declare an LID tonight, it would save time and hopefully allow the project to be completed by September. He asked for approval of the preliminary engineering report also. He introduced Marlin DeHaas of DeHaas and Associates. Mr. Ramis clarified that in the LID process, the decision Council made tonight was not the final decision that directed application of the assessments or commencement of construction. He emphasized that creating an LID was a multi-stage process. The Council would make the final decision at a public hearing at which property owners could remonstrate against the LID. He explained that tonight the Council would decide whether or not the preliminary engineering report was going in the right direction in terms of project scope, preliminary cost estimates, and project specifications. He listed the Council's options this evening: to reject the report and stop the process, to recommend changes to the report, or to approve the report as written. Mr. Ramis confirmed to Councilor Moore that tonight the Council would not determine who paid for what. Mr. Duenas explained that the resolution of intent was the intent to form the district. He said that staff proposed setting the public hearing for February 23. Marlin DeHaas, DeHaas & Associates, reviewed the scope of improvements requested by Specht Development in their petition for this LID, and the Council direction to extend the boundaries to Hampton Street and to investigate including the Beveland Street extension. He recommended that Council accept the report, pass the resolution of intent, and call for a public hearing. Mr. DeHaas discussed the proposed assessment method. He pointed out that, in this project, different improvements benefited different property owners. He reviewed the eight assessment methods they used to fit the costs to the benefiting property owners: o Streets: 50% road frontage, 50% area; Storm drainage: 100% area; Sanitary sewer: connections on an individual basis, other general costs on an 100% area basis; o Water: fire hydrants assessed to benefiting property owners but services provided by Tualatin Valley Water District per their set cost schedule; Sidewalks: 100% road frontage (developed property only); o Landscaping and street trees: 100% road frontage; • Underground ing utilities: 100% area for those properties without existing undergrounded utilities; Ancillary improvements: 100% area basis (includes Beveland street extension and house demolition, gleaning storm drainage, and pedestrian ramp upgrade). Mr. DeHaas referenced the exhibits illustrating the spread of the assessments against each tax lot. He confirmed heir schedule for project completion by September/October 1999. He mentioned the public meeting held earlier for the affected property owners to view the assessment schedules CITY COUNCIL MEETING MINUTES - FEBRUARY 9, 1999 - PAGE 16 and project scope. He recommended holding a second informational meeting before the public hearing. Mr. DeHaas clarified for Councilor Scheckla that the wheelchair ramp at 69 h and Hampton already existed and would be replaced, if necessary. PUBLIC COMMENT Mayor Nicoli opened the meeting to public comment. Cecil Jones, 1219 SW 69'h, said that he was speaking for the two homes on the east side of SW 69'. He mentioned his assessment of $35,000 for an 8,500 square foot lot on the corner of Elmhurst and 69"'. He argued that the real beneficiary of these improvements was the increasi developer, a ffic has been e He asked if the traffic He said that he knew th at he could not stop the LID, hishe traffic volume concern was the assessment. thus creating a Mr. Jones questioned why the LID went only to 70°i Avenue, not 72"d Avenue, heavy traffic impact on 69d. He conceded that the value of the property would increase blzt mentioned that a $35,000 assessment would not help in trying to sell it. He said that he was told that the reason they could not assess properties differently was that he could sell the property in the middle of the construction and the new owner would get a break on the assessment. He asked the Council to consider an assessment based on traffic impact, noting the two cars from his lot and the 50 cars from the development Mayor Nicoli emphasized that tonight the Council was not dealing with any of the issues raised by Mr. Jones. ® Greg Specht, Specht Development President, requested removal of the Beveland extension from the scope of the LID. He stated that Resolution 98-52 clearly indicated that the extension of Beveland Street from 69" to 68`h would not be part of this LID. He mentioned that he verbally agreed to pay the engineering costs for the LID. He held that the proposal before Council tonight was not the, deal that they agreed to in October. He pointed out that the 220 feet of that extension had a $400,000 bill because of the house. Councilor Moore stated that he asked staff to look into the costs for the Beveland extension. He emphasized that Council has not decided whether or not to include the extension nor have they decided who would pay for what. He held that Mr. Specht's concerns were premature. Mr. Ramis explained that the Council had two opportunities to modify the project: tonight by ordering a modification of the preliminary engineering report or at the public hearing. He said that the Council would also decide at the hearing who paid for what. Mr. Specht stated that the issues were the scope (inclusion of the Beveland extension in the resolution), the cost ($400,000 for 220 feet), and the allocation (50% to Specht Development). He objected strongly to this proposal on the grounds that it was not what Specht had agreed to. He pointed out that with the Beveland extension the LID costs went from $821,000 to $1.228 million, an increase by 49% ($1,850 per lineal foot). CITY COUNCIL MEETING MINUTES - FEBRUARY 9, 1999 - PAGE 17 Mr. Specht said that they strongly supported the LID but reiterated their objections to the changes in this proposal. He noted that they did not learn of the changes until the January 15 neighborhood meeting. He said that they were sensitive to Mr. Jones' issues. He stated that they would provide a chronology of how these changes occurred at the public hearing. Mayor Nicoli explained that the Council decided to include the Beveland extension in the study at this time because staff told them that at some point they needed to make a decision about it. He agreed that they should take a hard look at that extension, now that the numbers were in, with regard to fairness and impact issues. He stated that staff has done what the Council asked them to do, and the decision was now up to the Council. Councilor Moore observed that the Council needed to look at the options for financing the Beveland extension, including an LID or a bond measure or city funds. He said that they might decide that it did not make financial sense to do it at this time, and eliminate it from the scope of the LID. He reiterated that the Council needed the information from staff on funding options before it could make a decision. Councilor Scheckla spoke to discussing the matter tonight, as they had the two main parties in attendance. Mr. Monahan pointed out that other major property owners in the proposed LID were not present. Councilor Hunt asked Mr. Jones if leaving Beveland out would alleviate his assessment. Mr. Jones said it would help because he, too, was paying for Beveland. Mayor Nicoli stated that the Council would address Mr. Specht's point, as it was well made. He proposed that staff look at the alternate funding sources before the public hearing. Councilor Moore asked about payment options for the homeowners. Mr. Duenas agreed that Council needed to consider that issue but said that he was not prepared to advance any proposals at this time. o Bonnie Owens said that she represented Dr. Steven Pierce, the owner of the office building that would need to be purchased if Beveland was extended. She said that there were five businesses in that building that would need relocation. COUNCIL DISCUSSION Motion by Councilor Moore, seconded by Councilor Patton, to approve Resolution 99-10. Councilor Hunt said that he could not support the resolution until they decided whether or not to include the Beveland extension. Councilor Moore asked staff how a Council decision not to extend Beveland would affect this motion. Mr. Duenas said that if the Council took the extension out, it would result in a reduced assessment. Mr. Ramis concurred, pointing out that Council could take things out of the LID at the public hearing but they could not put things in to it. The City Recorder read the number and title of the resolution. RESOLUTION NO. 99-10, A RESOLUTION DECLARING COUNCIL'S INTENTION TO FORM A LOCAL IMPROVMENT DISTRICT LID TO IMPROVE 69TH AVENUE AND CERTAIN OTHER STREETS WITHIN THE TIGARD TRIANGLE IN THE CITY OF TIGARD. CITY COUNCIL MEETING MINUTES - FEBRUARY 9, 1999 - PAGE 18 Motion passed by a majority voice vote of the Council present. ((Mayor Nicoli, Councilors Patton and Moore voted "yes." Councilors Scheckla and Hunt abstained.) Mayor Nicoli asked Council for what information they wanted staff to provide to them at the public hearing. He mentioned other funding sources to reduce the cost and consideration of doing it now or in the future. Councilor Moore mentioned the assessment on the residential properties. Mr. DeHaas mentioned a State law allowing deferred assessments under certain conditions of age and income. Councilor Scheckl_a asked for relocation costs for the businesses in the house. Mr. DeHaas confirmed to the Mayor that the estimate included a range of costs for the right-of-way and tenant relocation. He commented that they needed to know whether or not the Council would include the extension before doing a full-blown appraisal because of the expense and length of time needed to do the appraisal. Councilor Hunt asked for clarification on Councilor Moore's suggestion of City funds going into the LID. Councilor Moore indicated that he had not made a clear proposal because he did not know yet what their options were. He said that he had thought that perhaps the City would not include Beveland in the LID, yet consider it important enough to have done at the same time and find another way to fund it. Or they might find that it was not financially feasible at this time and hope that it would be done in the future. 9. VISIONING ANNUAL REPORT: This item was not discussed. 10. CONSIDER ORDINANCE TO AMEND TITLES 1, 2 AND 7 OF THE TIGARD MUNICIPAL CODE TO UPDATE ABATEMENT REQUIREMENTS, TO PROVIDE WARRANT REQUIREMENTS FOR CODE ENFORCEMENT INSPECTIONS AND TO PROVIDE THE MUNICIPAL JUDGE WITH AUTHORITY TO ISSUE WARRANTS Motion by Councilor Hunt, seconded by Councilor Scheckla, to approve Ordinance No. 99-01. The City Recorder read the number and title of the ordinance. ORDINANCE NO. 99-01, AN ORDINANCE OF THE CITY OF TIGARD TO AMEND MUNICIPAL CODE SECTIONS 115.220(a), 115.340, 216.050, 116.305 AND 740.21(a). Mayor Nicoli mentioned that the Council received a thorough presentation from staff regarding this item at a previous work session. Motion was approved by unanimous roll call vote of Council present. (Mayor Nicoli, Councilors Patton, Scheckla, Hunt, and Moore voted "yes.") 11. COUNCIL LIAISON APPOINTMENTS Mr. Monahan presented the list of current Council liaison appointments. Councilor Moore spoke to the importance of a replacement for former Councilor Rohlf on the Washington Square Regional Task Force that met at 2:00 p.m. on Wednesdays. He recommended retaining Mr. Rohlf as an advisor to the new Council representative. Councilor CITY COUNCIL MEETING MINUTES - FEBRUARY 9, 1999 - PAGE 19 Scheckla agreed to be the representative. Mr. Monahan reviewed the list (see packet materials for this meeting). Mayor Nicoli noted that the Council decided to let the Planning Commission take the lead in finishing the TSP but they still needed to put together the Transportation Bond Measure Committee. Councilor Moore suggested contacting some people who served on the Bond Committee 10 years ago. He agreed with the Mayor that they should have representatives from special interest groups, such as bicyclists and pedestrians. Mayor Nicoli suggested having staff develop a list of names. 12. COUNCIL LIAISON REPORTS 13. NON AGENDA ITEMS: None 14. EXECUTIVE SESSION: None The Tigard City Council went into Executive Session at 11:20 p.m. under the provisions of ORS 192.660 (1) (d), (3), & (h) to discuss labor relations, real property transactions, current and pending litigation issues. o Executive Session adjourned to Study Session at 11:40 p.m. 15. STUDY SESSION Mayor Nicoli advised the Council that he was planning on meeting with the daughter of Patricia Tan. Patricia Tan was killed in the auto-pedestrian accident at SW 121" and SW Walnut. The Mayor was going to investigate the incident further but he heard that the area around the bus stop was poorly lit with no sidewalks. He discussed ideas for urging Tri-Met to review bus stops for safety. 15. ADJOURNMENT: 11:45 p.m. QJt_.c ~ Gtr j - Attest: Catherine Wheatley, City Record ity 4Tigard Date: 3 • CITY COUNCIL MEETING MINUTES - FEBRUARY 9, 1999 - PAGE 20 Agenda item No. I Meeting of 3 • a3 'qR TIGARD CITY COUNCIL. MEETING MINUTES - FEBRUARY 10, 1999 > Special meeting was called to order at 7:30 p.m. by Mayor Jim Nicoli Mayor Nicoli reviewed the testimony procedures for the evening. > Roll Call: Councilors Brian Moore, Mayor Jim Nicoli, Joyce Patton, Ken Scheckla and Paul Hunt > Staff Present: City Manager Bill Monahan; City Engineer Gus Duenas; Asst. to the City Manager Liz Newton; Community Development Director Jim Hendryx; City Recorder Catherine Wheatley; Legal Counsel Jim Coleman; Associate Planner Julia Hajduk; Development Review Engineer Brian Rager > MURDOCK STREET REPORT Gus Duenas, City Engineer, reported that the possible extension of Murdock Street from 3W 106' to SW 109`n was a feasible connection, providing a direct connection between SW 96 Avenue to SW 109'h. He said that they only needed to acquire another five-foot section from the apartments to complete the 50-foot right-of-way typical of a local street. He mentioned the DKS engineer's emphasis last night that the more connections, the better. He indicated a cost estimate of $110,000 to $120,000 to do full improvements, including storm drainage. Mr. Duenas pointed out that as part of the improvement they also needed to put in water and sewer at an estimated cost of $250,000. He reviewed the funding options for the water and sewer, pointing out that the only part of the project for which they did not have funding was the street. He recommended setting aside a certain amount each year from the State gas tax revenues and by the third year they would have enough to do full improvements. He reiterated that the connection was very feasible, commenting that it should be done at the same time as the Erickson property developed in order to provide more alternatives for east-west connectivity. Mayor Nicoli asked if the City decided to develop the Water District property as a neighborhood park, could part of the cost for the street come from SDCs. Jim Hendryx, Community Development Director, said that he would review the SDC ordinance to find out and report back to the Council. Councilor Moore asked what the next step was. Mr. Duenas said that he would plug this project into the CIP program and go through that process to get public input. Councilor Scheckla asked if they used money that usually went to road maintenance for this project, were they robbing that pot of money in order to do this project. Mr. Duenas said yes, they would be. He explained that typically the City has received $300,000 in State gas tax revenues for road maintenance projects. His strategy was to reserve some of that money for this project, thus reducing but not eliminating the amount available for road maintenance. Mr. Duenas mentioned that, according to the Finance Director, the City would be receiving possibly only $160,000 this year from State gas tax revenues. If they reserved $40,000 of that $160,000, that left them with $120,000 for road maintenance. He said that they hoped that there would be a State gas tax increase but conceded that the amount could fall even lower in the future. CITY COUNCIL MEETING MINUTES - FEBRUARY 10, 1999 - PAGE 1 > HOODVIEW DRIVE REPORT Mr. Duenas mentioned the concern raised about the icy conditions due to flooding on Hoodview Street during the winter. He said that staff has looked at the situation and determined that the water came from a certain house that drained to the street. He spoke to installing a catch basin or subdrainage system where Hoodview leveled off in order to catch the runoff before it made the turn to go down the hill. He noted that it could hook into the Kable storm drainage system. He estimated $40,000 to $50,000 for the project. He recommended handling it through the storm drainage projects in the CIP. Mayor Nicoli asked about the City's backlog was on storm drainage projects. Mr. Duenas said that. as a part of the development of a comprehensive Public Facilities Plan, they have identified two storm drainage projects so far as problem areas. He said that this could be a third one and included in next year's program, if the Council so desired. -UP) 1. PUBLIC HEARING CONTINUED SUBDIVISION SUB 98~0009/PRD 98-0010/VAR 98-0010) - ERICKSON HEIGHTS The request is to build a 58-lot Planned Development Subdivision on a 16.41-acre site. This site also involves a request for a variance to the maximum street grade. LOCATION: The subject parcels are east of SW 109th, north of the Summerfield Subdivision, south of the Canterbury Woods Condominiums, and west of Hoodview subdivision and Marion Estates subdivisions. WCTM 2S110DA, Tax Lots 00100,00200, and 00500. ZONES: Single-Family Residential (10,000 square feet); $-3.5. The purpose of the R- 3.5 zoning district is to establish large urban residential home sites. Planned Development (PD). The purposes of the PD Overlay zone are to provide a means for creating planned environments through the application of flexible standards which allow for the application of new techniques and new technology in community development which will result in a superior living arrangement; to facilitate the efficient. use of land; and to preserve to the greatest extent possible, the existing landscape features and amenities through the use of a planning procedure that can relate the type of design of a development to a particular site, among other purposes. APPLICABLE 8.164.88' 18.92, REVIEW Comun 18.96, 18.00, 18.102,18.1618.134,18.138, 18.160 and 18. CRITERIA: a. Mayor Nicoli reconvened the public hearing b. Declarations or Challenges Councilor Scheckla declared a site visit. c. Staff Report Julia Hajduk, Associate Planner, said that staff has not received any additional information. Brian Rager, Development Review Engineer, summarized the memo staff prepared for the Council to address two issues raised at the previous meeting. He referenced the table he had prepared showing the Code requirements for the right-of-way widths for Kable and Naeve and CITY COUNCIL MEETING MINUTES - FEBRUARY 10, 1999 - PAGE 2 the staff recommendations, the Code requirements for the pavement widths and the staff recommendations, and the Planning Commission findings (see attached). He noted the Planning Commission change to further reduce the right-of-way width for Kable Street to 43 feet. Mr. Rager stated that staff did make a mistake regarding the Hoodview storm drainage system: there wasn't one. He noted that the Suinmerfield Drive street classification was "minor collector" with a required right-of-way of 60 feet and pavement width of 40 feet. He said that this street was built to a 36-foot pavement width, possibly because of earlier Code requirements. d. Mayor Nicoll opened the hearing to public testimony APPLICANT Bill McMonagle, Harris McMonagle Engineering, 12555 SW Hall, representing Renaissance Development, entered into the record a document relative to the street grades on Naeve Street and Forest Drive, in response to the Lady Marion neighborhood's attorney's letter. He stated that the actual street grade constructed on Naeve was 15.28%, although it was approved at 17%. He explained how a 12% grade made access and construction much more difficult, including requiring heavy cuts and fills that should not be occurring in hillside developments. Mr. McMonagle said that, based on the meetings he has held over the past week, he would say that most people agreed with Plan 1B. He explained that Plan 1B took a circuitous route to discourage through traffic but still allowed transportation across the hillside for the local residents. He mentioned the closure of Kable Street to all vehicular traffic, leaving only an emergency, bicycle and pedestrian accessway. o Rick Carman, 220 NE Third, Hillsboro, attorney for Renaissance Development, asked for clarification on exactly what was in the record. Staff confirmed that the application, the textual materials, and everything from the Planning Commission, in addition to any testimony or exhibits submitted at the Council hearing, were in the record. Mr. Carman commented that if their street layout was to meet the Code requirements, then they had to have the two up and down streets. He held that they have met the variance requirements also. He pointed out that all alternative plans included those streets. He mentioned that the street layout promoted elements such as connectivity and flow pattern. Mr. Carman referenced the letter from the attorney that discussed Lady Marion Street. He agreed that Lady Marion was a local street but argued that the function of a local street was not limited to only carrying traffic locally within the subdivision. He cited the definition of "local street" in the Comprehensive Plan, contending that it also talked about the local street network being designed to provide for interconnectedness of neighborhoods. He pointed out that the streets were designed for 25-mph speeds, and questioned allowing potential law violators (speeders) to dictate street layouts. Mr. Carman mentioned that the Comprehensive Plan's definition of a local street included a wider variety of right-of-way widths (36 to 50 feet) than the Development Code did (24 to 32 feet). Mr. Carman spoke to the issue of sidewalks down Kable. He commented that it was only an issue if Kable was connected. He stated that if the City wanted to make offsite improvements CITY COUNCIL MEETING MINUTES - FEBRUARY 10, 1999 - PAGE 3 and require the developer to pay for it, then it was necessary for the City to show rough proportionality between the development and the need for the offiste improvements. He contended that the record did not contain any evidence of the impact of their development in terms of Erickson Heights residents driving down Kable. He conceded that some of the Kable traffic would come from their subdivision but he emphasized that not all of it would, citing the already existing footpath across the Erickson property to Kable Street. He stated that they were not responsible for all of the Kable traffic, and that the City has not shown that they should have to pay for all of it. Mr. Carman addressed the issue of TIF fees. He disagreed with the suggestion that TIF fees gave the developer some kind of break of unmitigated development costs. He explained that the TIF fees were for development of the arterial/collector road system in Washington County. This 32% of the development costs was collected at the building permit stage for all developments in Washington County. He argued that there was no authority anywhere for the City to justify offsite improvements based on TIF fees that have not yet been collected. Mr. Carman commented that he did not know why the attorney mentioned street trees in her letter. He said that there were no unusual difficulties with placing the required utilities in the development as proposed; the sewer and water hookups were all available and feasible. OPPONENTS Mark Lasswell stated that he was representing 144 property owners. He referenced a handout distributed earlier to the Council. He discussed a series of maps, the culmination of the concept plans developed in an attempt to reach consensus. He reported that unfortunately they did not reach 100% consensus. He reviewed the three basic positions that the Naeve, Kable, and Hoodview neighborhoods were united on: opposition to the existing subdivision as proposed, support for Alternative Plan 1 B, and support for all possible traffic mitigation measures. Mr. Lasswell reiterated that they opposed any plan that created a direct cut through traffic corridor connecting Hwy. 99W to Royalty Parkway into Sattler, as the proposed plan did, on the grounds that it would increase traffic volumes in an unsafe environment. Mr. Lasswell referenced a table showing the number of lots in the respective neighborhoods. He said that 144 out of 168 property owners or 86% supported Plan 1B. He reviewed the street layout of Plan 1B, noting that it did not extend Kable through. He emphasized that Plan 113 did provide the street connection from SW 100`h to SW 109th or Royalty Parkway required by the Comprehensive Plan. He held that this plan directed the traffic to the streets most capable of handling it but used a route that discouraged cut through traffic because it was not a straight through route. He stated that they thought it was the best plan to meet the Code intent. Mr. Lasswell reviewed the status of the various streets. He noted that the newest streets, Naeve and Lady Marion, had 32 foot wide and 34 foot wide pavements respectively, sidewalks and street lights whereas Kable and Hoodview, the 30 year old streets, had narrower pavements, no sidewalks and no street lights. He contended that the older streets would not promote a safe environment for a higher volume of cars and pedestrians. Mr. Lasswell stated that they wanted to be sensitive to the issues on Lady Marion but reiterated that Lady Marion was the street most capable of handing the traffic. He said that the original plan estimated traffic on Lady Marion of 900 vehicles per day while Plan 113 estimated 920 cars per day on Lady Marion. He argued that 20 cars was not a significant increase, and they intended to propose measures to mitigate it even further. CITY COUNCIL MEETING MINUTES - FEBRUARY 10, 1999 - PAGE 4 Mr. Lasswell stated that the one issue staff raised about Kable Street was whether it could be a cul-de-sac or a deadend street. He argued that the Comprehensive Plan and Development Code required the Council to consider public health, safety, and welfare. He contended that under the proposed plan (no Lady Marion connection), the traffic on Kable would increase from the existing volume of 300 cars to 1,310 cars, a 440% increase in traffic. Mr. Lasswell held that Kable had the same problems as described for Hoodview, and therefore was an unsafe environment for high volume traffic. He cited no sidewalks, no streetlights, steep driveways, and no storm drainage for 1,300 feet of the street. He pointed out that Kable was a high traffic pedestrian and bicycle corridor. He mentioned the staff proposal to put a sidewalk on Kable Street, to restrict on street parking to accommodate pedestrians and bicycles and to mitigate safety, and to install speed humps. He questioned that even those measures would provide a safe environment for 1,300 cars. Mr. Lasswell noted that the cul-de-sac requirements in the Code said a cul-de-sac could not be in excess of 400 feet or serving more than 20 lots. He stated that there were no more than 20 lots in this section, although it would be more than 400 feet from any real intersection. He argued that the actual numbers were not the issue but rather the intent of the requirement to address fire safety issues. He noted the emergency access proposed at the end of Kable under Plan, arguing that it was not a true cul-de-sac from a fire safety standpoint. Mr. Lasswell stated that the emergency access in Plan 1B that would also provide through access for pedestrians and bicyclists. He argued that by closing Kable and promoting a pedestrian route from Kable down through streets better equipped for that traffic, they actually produced a safer corridor for pedestrians and bikes. Mr. Lasswell mentioned several traffic mitigation measures which the neighborhoods felt could help the situation. These included accelerating the Murdock extension, installing speed humps on all the ends of the corridors to discourage traffic, installing signs directing traffic to minor collector streets (such as Summerfield Drive), limiting the Sattler connection by building it to local street standards instead of to minor collector standards, and leaving the intersection at Sattler and Lady Marion as it was because it discouraged through traffic. Mr. Lasswell asked the Council to deny the original plan. He held that if they had had more time, they could have gotten consensus on Plan 1B. Councilor Scheckla asked how much more time they would need to reach consensus. Mr. Lasswell said that he was not sure. He held that 86% consensus was not bad. He mentioned that they learned during the process that some of the plans offered by the developer, the developer was not prepared to build. He stated that they were reporting back at this time as requested by Council, with the best that they could do, which was 86% agreement. o Cherie Stanley, 10573 SW Murdock, asked to speak to the issue of Murdock Street. Mayor Nicoli said that Murdock Street was not related to this application, and comments would be more appropriate at another time. He directed Ms. Stanley to contact staff regarding when it would be discussed at the CITs. Jeanne Nyquist, 10042 SW Lady Marion, stated that her family moved to Lady Marion from a busy street because they liked the quiet neighborhood. She expressed concerns with the way the process was handled. She said that she thought that initially plans were thrown out and individual neighborhoods began meeting with the developer which resulted in division amongst CITY COUNCIL MEETING MINUTES - FEBRUARY 10, 1999 - PAGE 5 the neighborhoods as each neighborhood took up sides. She agreed that with more time they might be able to reach consensus. Ms. Nyquist commented that the neighbors were all concerned about livability, safety, protecting property values, and impacts from cut through traffic and speeders. She stated that she did not support any particular plan but asked the Council to consider that the decision they made tonight would have a long-term impact. Ms. Nyquist mentioned that she worked in the transportation industry. She pointed out that, despite all their efforts to provide transit and to educate people to get out of their cars, vehicle miles traveled per person has increased significantly, as have accidents. She argued that viable neighborhoods were important to both the residents and the City. She held that cut through streets attracted cut through traffic. She asked the Council to consider other values besides transportation connectivity, mentioning neighborhood livability in particular. Nikki Malnati, 10529 SW Naeve Street, submitted a letter from the Naeve Street neighbors. She noted that the description in the staff report that the Erickson Heights subdivision was north of the Summerfield subdivision was correct but it left out that their subdivision, Renaissance Summit, was in between the two. She asked that the record be corrected to reflect that the Erickson Heights subdivision was north of the Renaissance Summit subdivision. She stated that the records provided to the neighbors by the City staff indicated that the grade of Naeve Street was 16.7%. Ms. Malnati agreed that the neighbors had been close to 100% consensus. She mentioned that they had had another plan (requiring only one concession from the City) that they thought they could have gotten 100% consensus on with another 48 hours. She said that the Naeve neighbors did support Plan 113 and denial of the Planning Commission's final order. Terry Smith, 10470 SW Kable Street, resubmitted a letter he had sent to the Council on August 7, 1997. He mentioned that its discussion of many issues supported Mr. Lasswell's comments. He pointed out that, although Lady Marion's pavement width was reported today at 32 feet, in 1997 it was almost 34 feet wide, Kable was almost 32 feet wide and Hoodview was 36 feet wide. Randy Norgart, 10466 SW Lady Marion, and Pam Wyle,10341 SW Lady Marion, spoke on behalf of the Lady Marion neighborhood. Mr. Norgart pointed out that trying to find a plan that everyone could live with was like trying to find one shoe to fit everyone in the room. He said that an estimate of 86% consensus was very aggressive, and held that 70% or less was more accurate. He noted that all the plans with Lady Marion as the only open street funneled the cut through traffic down Lady Marion. Mr, Norgart reiterated that the Code recognized Lady Marion as a local street, not a minor collector. He noted that the letter from their attorney not only described a local versus a minor collector street but also listed LUBA case law on how that distinction has been interpreted in the past. He argued that the Sattler/Lady Marion connection variance created a substandard intersection for a potential local or collector street, citing the code requirement of 125 feet between local streets and 300 feet between collectors. Mr. Norgart said that Plan 1B, agreed upon by the other three neighborhoods, generated three times the traffic flow for Lady Marion while allowing the other streets to be free of the east-west cut through traffic coming through the neighborhood. He noted that Lady Marion was a subdivision similar to the other neighborhoods with children, steep driveways and steep grades. CITY COUNCIL MEETING MINUTES - FEBRUARY 10, 1999 - PAGE 6 Ms. Wyle said that they have considered traffic calming devices. She cited Gus Duenas' comment in a conversation she had with him that speed humps reduced speeds from 4% to 6% but also reduced traffic volumes only temporarily. Mr. Norgart mentioned livability and property value concerns. He commented that, although the traffic estimates could be questioned in different ways, they could not question those given for next year. He asked the Council to consider in their decision that most of the neighbors intended to stay long term. Ms. Wyle commented that she was not certain that signage directing traffic elsewhere would work, stating that "slow children" signs did not work. Mr. Norgart presented the "concept plan," another plan developed by Mr. McGonagle which had the consensus of the Lady Marion neighbors. Ms. Wyle distributed copies. She pointed out that it did not provide a straight shot for any one street, and held that it would be better for all concerned than Plan 1 B was. She said that with the connection to Lady Marion and the Murdock Street extension, the City would satisfy the note on the Transportation Plan. She agreed that the Naeve Street neighbors had justifiable concerns regarding the steep grade. She emphasized that no one wanted to see one neighborhood take the brunt of the traffic. She argued that doing so would cause that neighborhood to change, leaving the others untouched. Mr. Norgart reiterated that the traffic studies have shown that 70% of the east-west traffic would be cut through traffic, not local traffic. He said that even though Lady Marion remained the obvious choice for cut through traffic in the concept plan, it did present opportunity for the other streets to take some of the traffic, and therefore represented a compromise that he thought could be worked out. Mr. Norgart held that either all the streets had to be closed or they all had to be open. Closing only one street was not fair. He said that although traffic calming measures sounded great, there were more situations where they did not work than where they did work. He reiterated that the concept plan was not perfect but it was fair. Ms. Wyle reported that their neighborhood voted on four plans, the original plan, the Good Neighbor plan, Plan 1B, and the concept plan. She mentioned that Plan 1B was the last choice for their neighborhood while the concept plan was seen as more equitable in sharing the traffic among all the neighborhoods. She pointed out that in the original plan Kable Street traffic volumes were estimated at 850 cars; if Kable was closed, the volumes returned to the current 300 cars. She asked where the other 550 cars would go. Patrick Corrigan, 10365 SW Hoodview Drive, testified that he had to navigate his way through the ice field at the end of Hoodview every winter. He said that the water came from more places than just one house. He held that the ice created a situation where an accident was waiting to happen, if the traffic was not familiar with the street. He noted the blind driveway situation. Mr. Corrigan agreed that for this to be fair, all the neighborhoods should share equally in the traffic. He mentioned that he and his wife tried to participate in the process but were told by the neighborhood organizers that if their opinions were wanted, they would be asked for. He disagreed that 86% was an accurate figure. He said that he favored the concept plan over Plan 1B as a fairer plan. CITY COUNCIL MEETING MINUTES - FEBRUARY 10, 1999 - PAGE 7 NEUTRAL e Steve Davison, 15040 SW 1001n Avenue, commented that SW 100'' Avenue was currently the east-west cut through for the Kable and Hoodview people, and would remain so until their streets punched through. He agreed that everyone in the area needed to share the traffic loads. He said that the City planners have presented the road plans as part of the development of the Hoodview, Kable, and Lady Marion area. He pointed out that the posted signs and the testimony from the NPO during the Lady Marion hearings clearly stated that those streets would be connected once the Erickson property developed. Therefore those who bought property in the neighborhood were fully aware of the future street connections. Mr. Davison contended that it was those same property owners were now selfishly pushing Plan 1B in order to get special treatment. He held that Plan 1B reneged on promises made to other neighborhoods. He asked if these neighbors have considered the impacts on the area beyond their own streets. He argued that they needed to provide an easy way for people to get to Hwy. 99W. He stated that the Kable and Hoodview neighbors who used SW 100 as a cut through sped through his neighborhood and treated his neighborhood the same way they feared that other people would treat their neighborhood if the streets were extended. Mr. Davison commented that no one here tonight was impartial, including himself. He spoke to the Council upholding the binding promises made and approved in the past, looking at the good of all (not just Naeve or Kable), and not letting a selfish minority override those past promises. He argued that anything that would disperse the already existing cut through traffic on SW 1000' Avenue through the neighborhood would be fair to all. He reiterated that the Council needed to look at the good of the community and the future. Mr. Davison said that he thought the way Kable hooked up to Sattler was insane, and that the Kable people did not deserve to be the conduit for the whole thing. He pointed out that for Plan 1B to work, they had to make the connection through the property that has not yet developed. He supported pushing Kable through so that everyone took their fair share of the traffic. e Gene McAdams, 13420 SW Brittany Drive, cited his experience with the situation at SW 130m and Winterlake. He stated that he did not live anywhere near the Erickson property. He asked the Council to remember in their decision making that they did have a Comprehensive Plan that made its recommendations after much study and work. He asked them to remember that they had a professional staff who made a professional recommendation regarding development and connectivity consistent with the ordinances adopted by the Council. He asked them to remember that they did erect signs (with taxpayer dollars) at the end of the affected streets in order to inform everyone of the future street connections. Mr. McAdams contended that if the Council chose to violate their own and Metro's connectivity requirements, then they would be converting public streets to private use. He argued that the residents of the unconnected streets would not carry their share of the traffic but they would be able to cut through on their lower class neighbors. He reiterated his request that the Council listen to the Planning Commission, the Comprehensive Plan and the professional staff. e Paul Owen 10335 SW Highland Drive, representing Summerfield Association, said that this neighborhood was composed of 1,200 units with 1,800 people. He mentioned that with the connection of Royalty Parkway to SW 1090' and other happenings, there was a lot of traffic suddenly coming through Summerfield, and that he was talking to the City Engineer about speed humps. CITY COUNCIL MEETING MINUTES - FEBRUARY 10, 1999 - PAGE 8 Mr. Owen reported that the Association Board at their last meeting took a position in support or Plan IA. He mentioned their suggestion to start thinking about a signal at SW 98 h and Durham. He commented that the Board might like the concept plan better than IA but they have not seen it. o Ron Pescorski, 10567 SW Murdock, pointed out that there has never been a sign on Murdock stating that there would be future development. He said that the master plan said that it was supposed to be a park. He asked where the neighbors could go to speak on this issue. Mayor Nicoli reiterated that Murdock was not really part of this development, as none of the streets connected to it. He explained the CIP process and suggested that the Murdock neighbors speak to their concerns during that process. Bill Monahan, City Manager, suggested that the neighbors attend the CIT meetings on the CIP project list as the first forum for public input. a Andy Whitol, 10514 SW Naeve, commented that the Lady Marion neighbors have stated that they would bear the brunt of all the traffic. He mentioned that 26 out of 29 Renaissance Summit residents approved Plan 1B (with three out of town). He said that the Naeve neighbors expected an increase in traffic under Plan 1B but they felt it was the best solution for safety reasons and urged its approval. REBUTTAL o Mr. McMonagle clarified that Plan 1B was an amalgamation of Plans 1A, 2A, and 2B. He said that although they designed the Naeve Street grade at 16.7% (which was what was shown on the City plans), they actually built it out at 15.28%. He explained how the topography worked to shorten the distance that the steep grades on Naeve and Forest actually existed. He mentioned a condition to install sprinklers in the homes sited on the streets that were steeper than normal. Mr. McMonagle said that he told Pam Wyle that he supported Plan 1B because he saw reasons why Kable did not necessarily need to be connected, as it did not have sidewalks or street lights. He pointed out that the concept plan did connect the roads but it provided for an angle of turn from Naeve onto Kable that greatly slowed down traffic. He reiterated that he did not think that traffic crossing the neighborhoods, no matter which plan they went with, would be as great as the neighbors feared. He said that people driving in the area today did not go through that specific area, and he was not sure where all this traffic was supposed to come from. e Mark Butoric, Kittleson & Associates, 610 SW Oliver #700, Portland, referenced a memo comparing the traffic volumes for the original plan and several of the other concepts. He stated that under the concept plan, he estimated that Lady Marion would get 750 ADT, Hoodview would get 200 trips, Naeve would increase to 700 ADT and Kable would be roughly around 700 ADT. Councilor Scheckla asked the City Attorney to address the request to respond to the applicant's rebuttal. Jim Coleman, City Attorney, stated that the only things that came up during the rebuttal were the street grades and the concept plan traffic volumes, and therefore, any response would have to be limited to those issues. Mr. Lasswell referenced for the record the Kittleson memo they cited in reporting the 920 versus 900 cars. Mr. Coleman said that the letter was the January 21 letter to Mr. McMonagle from Mark Butoric that was already in the record. CITY COUNCIL MEETING MINUTES - FEBRUARY 10, 1999 - PAGE 9 e. Staff recommendation Dick iBewersdorff, Planning Manager, said that staff has not heard any additional information to indicate anything other than their original recommendation. He said that Plan 1B had problems relative to Code provisions and cul-de-sac length. He stated that the concept plan came closer but there were issues relative to block lengths and Code requirements. C Council questions Mayor Nicoli asked what the Code issues were with Plan 1B. Mr. Bewersdorff explained that the cul-de-sac provision required a cul-de-sac length to be no longer than 450 feet and a cul-de- sac bulb as'the termination point. He said that Plan 1B did not show this nor have any findings been made to show that a variance would be applicable. He mentioned that the standards required a block length of no less than 1,800 feet. He stated that staff could not support findings allowing a variance. Mr. Monahan pointed out that a variance request regarding the cul-de-sac would require a new application. Mayor Nicoli noted that staff has not had the opportunity to review the concept plan. He asked what their impressions were. Ms. Hajduk agreed that it did come closer but there were block length issues. Mayor Nicoli asked if the connection required by the Transportation Plan Map had to be a straight connection through to SW 109'h or SW Royalty Parkway. Mr. Rager said no, it did not. He stated that staff has always held the opinion that a connection was needed but it did not have to be a straight shot through. Ms. Hajduk commented that the extension of Lady Marion through Tax Lot 201 might be needed to allow development of those two tax lots. She confirmed to Councilor Scheckla that that what they did tonight could indirectly affect those two tax lots, thus creating a bigger situation later while trying to alleviate a situation now. Mr. McMonagle mentioned that he has measured the block and did not find any block length of over 1;800 feet. g. Mayor Nicoli closed the public hearing h. Council Deliberations Councilor Hunt stated that he remained supportive of the staff's plan. He agreed that everyone wanted to minimize traffic in the area but mentioned the need for connectivity. He stated that Plan 1B cut out part of the necessary connectivity, and that extending Murdock simply moved the traffic to Murdock, something that bothered him very much. He said that he has not seen any new evidence to change his position supporting the staff plan. Councilor Scheckla concurred with Councilor Hunt. He expressed concern that blocking connectivity would result in gridlock off the main highways. He spoke to everyone taking their fair share of the traffic. He cited his experience with the connection of SW 110 to Gaarde. He said that everyone had been very concerned that cut through traffic would ruin the area but that has not happened. There was more traffic but there was more traffic everywhere. Councilor Scheckla commended the neighbors for their excellent presentations and their civil manners. He mentioned transit as an option to help alleviate traffic congestion. He stated that he would support the staff plan. CITY COUNCIL MEETING MINUTES - FEBRUARY 10, 1999 - PAGE 10 Councilor Moore agreed with the earlier comment that "one shoe did not fit all." He said that this was a tough decision to make, and that he did not like these adversarial situations. He commented that he had hoped that the neighbors could have presented a plan with 100% agreement and the connectivity required by the City. He said that of the alternate plans; he could most support the concept plan. He stated that he could not support Plan 1B because he did not support deadending a street that was intended to go through. He said that if the neighbors could not support the concept plan, he would support the staff recommendation. Councilor Patton said that, out of all the alternatives, she also favored the concept plan, provided that the staff said it was feasible. She stated that while she did sympathize with the neighborhoods, they were all on notice (through posted signs) that the streets would be connected through. She said that she felt strongly that as traffic increased in the City, everyone needed to take their fair share and share the pain. She conceded that some streets were older but said that they had to start somewhere and the Transportation Plan could not be implemented all at once. Connectivity was the way to share the burden. She said that she supported the staff's recommendation. Mayor Nicoli said that he was comfortable with all three plans, noting that staff found technical problems with Plan 1B and the concept plan. He said that in order to move forward, he would support the original application but without the western extension of Lady Marion through Tax Lot 201. He said that the five connections in the original plan were sufficient to provide adequate connectivity to adjacent streets, and that it would benefit the City and the neighbors to eliminate that future connection. He said that although he was not happy with the original plan, technically and legally it was the only option before the Council. Councilor Scheckla said that he would not support a plan to eliminate the Lady Marion connection. o Mayor Nicoli recessed the meeting at 9:15 p.m. for a break. o Mayor Nicoli reconvened the meeting at 9:27 p.m. Mayor Nicoli noted that during the break it appeared that there was some misunderstanding on whether the Council was referring to the staff recommendation or to the Planning Commission recommendation. The Council indicated that they were speaking of the staff recommendation. Councilor Moore declared that he had had a short conversation with Mr. Lasswell during the break. He stated that he cut it off once he realized that Mr. Lasswell did not have a procedural question but rather a comment about one of the plans. Mr. Coleman suggested having staff recap exactly what the staff recommendation was and discussing the feasibility of meeting some technical standards raised in the objections. Ms. Hajduk stated that the staff recommendation was to add back in Condition 10, (sidewalk on Kable Street), delete Condition 30 (temporary closure of Kable Street), and add another condition requiring installation of speed humps on Kable Street within and east of the subject site. Mr. Rager said that their review of the applicant's materials regarding storm drainage and water quality facilities found that their proposal did appear, feasible to meet the Code standards. He noted the condition to provide street trees, and said that the applicant could choose from a list of approved street trees to meet the standard. CITY COUNCIL MEETING MINUTES - FEBRUARY 10, 1999 - PAGE 11 Mr. Coleman advised the Council that, if they approved the application, they needed to discuss with the applicant preparation of the final order and an extension of the 120-Day Rule past February 28 when it ran out. Motion by Councilor Hunt, seconded by Councilor Scheckla, to adopt the plan as recommended by staff. Motion passed by majority voice vote of the Council present (Councilors Moore, Patton, Scheckla and Hunt voted "yes;" Mayor Nicoli voted "no.") Mr. Sebastian said that he was agreeable to a three-week extension for the 120-Day Rule to March 21. 15. ADJOURNMENT: 9:36 p.m. Attest: Wor, City of Tigar Date: _,5 -,2 3 q '~I_ 1 AAD M\CATHY\CCM\990210. DOC 2it-t. W 4 Catherine Wheatley, City Recorde CITY COUNCIL MEETING MINUTES - FEBRUARY 10, 1999 - PAGE 12 Agenda Item No. 8_., I ,e TIGARD CITY COUNCIL WORKSHOP MEETING Meeting of 3-D19-1 MEETING MINUTES FEBRUARY 16, 1999 STUDY SESSION Mayor Jim Nicoli called the study session to order at 6:33 p.m. > STAFF CHANGE Bill Monahan, City Manager, reported that Building Official David Scott accepted a position as Director of Development for the City of Vancouver. He explained that, with Mr. Scott leaving, the City might need to reconsider the April 1, 1999, implementation date for the community housing code (provided Council approved the code on February 23). He said that they might not have adequate staff because two senior staff members in Planning would be on leave for extended periods of time this spring. He advised the Council that David Scott would present ideas for implementing the program at the next Council meeting. > MURRAY BLVD EXTENSION PROJECT Gus Duenas, City Engineer, advised Council of a request he received from the City of Beaverton for Tigard's support of the Murray Boulevard to Barrows Road (Old Scholls Ferry) to Walnut Road extension project. He said that he drafted a letter for the Mayor's signature. He mentioned the intent to build the Scholls Ferry Town Center near this location. Councilor Moore asked what Beaverton's time frame was. Mr. Duenas said that Beaverton submitted the project for the Priorities 2000 funding package. He mentioned that many residents in the area opposed the project. Councilor Patton concurred. Mr. Duenas stated that this project was important to Tigard because it provided east-west connectivity between Tigard and Beaverton. He mentioned that an inter-connection between jurisdictions was a visioning goal. Councilor Scheckla asked if they should also take out the barrier on SW North Dakota for equal connectivity. Mr. Duenas explained that this project involved two major collectors, one coming into Walnut and the other coming into Barrows. Councilor Scheckla asked for clarification on the Comprehensive Plan that showed no Murray Road extension. Mr. Monahan said that that had been an issue of timing. He explained that the Murray Road connection was not supposed to take place until the Gaarde Road extension occurred. Mr. Duenas stated that staff planned to complete that connection in two years. Councilor Hunt asked for an update on the Gaarde extension, noting opposition arguments related to the difficulty of building in the deep canyons on Gaarde. Mr. Duenas said that, with clean up of the channel and installation of a culvert to take the water, the one crossing of a ravine by Gaarde Street should occur with no problems. Mr. Hendryx mentioned that the Beef Bend to Elsner connection also had to be made before the Murray Road extension. He said that the County was getting close to doing that. Councilor Moore asked staff to make sure that this extension was not completed until Tigard had a road to handle the capacity, namely the Walnut to Gaarde extension. Mr. Duenas said that CITY COUNCIL MEETING MINUTES -FEBRUARY 16, 1999 - PAGE 1 by the time Beaverton got the funding and finished the design and engineering work for the extension (in 3-4 years), Tigard would be done with Gaarde Street. Councilor Hunt pointed out that funneling five to six lanes of traffic from Murray down to two to three lanes on Gaarde was asking for trouble. Mr. Duenas said that the traffic models showed that Gaarde and Walnut could handle the traffic as long as both of them were three lanes wide. Mayor Nicoli mentioned that the County has planned two additional east-west connections to 99W. He said that the County has already purchased all the right-of-way it needed to connect Beef Bend Road to Elsner. Councilor Hunt advised moving slowly on this matter. He requested more information on the Gaarde Street extension and the traffic impacts of the Murray Road extension down to 99W. Mayor Nicoli pointed out that this was a major regional connection that Tigard had to put through. Councilor Hunt asked if Tigard should also try to get money for their project from the Priorities 2000 funding package. Councilor Patton expressed concern at blanket support from the Council for this Murray Road extension without all the Councilors understanding the implications, the connections, and why it was beneficial to Tigard. She said that the opposition was presently focusing on the City of Beaverton but it was aware of the Tigard connection. She stated that, while she understood the necessity of the connection to meet the regional needs, she wanted the timing to work so that all the connections were made in a timely fashion and Walnut/Gaarde did not take the brunt of the traffic. Mayor Nicoli cautioned the Council to be careful of withholding its approval for a countywide connection because of the message it sent to the County. Councilors Moore, Patton and Hunt indicated that they did not oppose the connection, rather they wanted more information so that they could discuss it in detail with citizens. Councilor Scheckla stated that he opposed the connection if the SW North Dakota barrier was left up, blocking that connection between Beaverton and Tigard. Mayor Nicoli commented that Councilor Scheckla was mixing local politics with county politics. Councilor Moore pointed out that SW North Dakota was a local street while Walnut was a major collector. Councilor Scheckla reiterated that he would oppose the Murray Road extension. Mayor Nicoli asked when Beaverton would like to receive the letter. Mr. Duenas said that Beaverton had a lot of opposition and no support on record. He said that staff would provide information and a map for Council at their next study session. Councilor Hunt asked staff to include the project financing in their report. Mr. Duenas said that Tigard applied for the Greenburg Road and SW 72nd Avenue project funding from the Priorities 2000 package. He said that they included those projects because they involved either a regional or towns center and therefore had a better chance of getting funded. Mr. Monahan said that staff would include the history of the Comprehensive Plan controversy on this connection. He mentioned that the DKS report assumed that this connection went through. CITY COUNCIL MEETING MINUTES -FEBRUARY 16, 1999 - PAGE 2 1. EXECUTIVE SESSION The Tigard City Council went into Executive Session at 7:00 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. 2. WORKSHOP MEETING o Call to Order Mayor Nicoli called the meeting to order at 7:35 p.m. Council Present: Councilors Paul Hunt, Brian Moore, Mayor Jim Nicoli, Joyce Patton and Ken Scheckla Staff Present: City Manager Bill Monahan; Community Development Director Jim Hendryx; Property Manager John Roy; Administrative Risk Analyst Loreen Mills; City Engineer Gus Duenas; Public Works Director Ed Wegner; Deputy City Recorder Jessica Gomez. o Council Communications & Liaison Reports: None o Call to Council and Staff for Non-Agenda Items: None 3. DOWNTOWN COMMITTEE PROGRESS REPORT STAFF REPORT Jim Hendryx, Community Development Director, noted that establishing a direction and strategies for the downtown was a goal of both the Council and the Tigard Beyond Tomorrow vision. He mentioned the staff support of the Tigard Central Business District Association, formed by business and property owners in the downtown over the last several months. He introduced Tyler Ellenson, the Association President. Tyler Ellenson, Tigard Central Business District Association President, introduced the other officers and Association members present: Penny Conner of RazzMaTazz, Vice President; Denise Jones of Guardian Management, Treasurer; Kate Dormer of the Tigard Sub Shop, Secretary; Jeff Thomas of Rose City Contracting, Linda Cross of Hearts and Flowers, and David Hammond of Pacific Northwest Paint. Committee members not present included Paul Cerig of Southwest Office Supply, Mike Leash of Mike's Lock and Safe, Mark Leach of the Chamber, and Brad Smith of Tigard Vision Center. Mr. Ellenson mentioned two issues addressed by the Association early on: the new garbage cans on Main Street and video poker. He said that they tabled the video poker issue, deciding to concentrate on developing an action plan for the downtown. He reported that they hired Malcolm Johnston of the Oregon Downtown Development Association (with private dollars) as a consultant to help them with their plan. Mr. Ellenson read the mission statement developed for the Association:..."to set the course for the future of the Central downtown area that will promote the health and viability of the community and businesses while preserving the unique qualities of the downtown and providing a safe environment for families and individuals that work and gather." He said that everything they did needed to fall within that statement. CITY COUNCIL MEETING MINUTES -FEBRUARY 16, 1999 - PAGE 3 Mr. Ellenson reviewed in detail the development of their action plan and the various issues involved. He listed the priorities they set: funding, securing money for consultation services, completing the downtown document and addressing safety and crime issues. He mentioned a meeting with Officer Jim Wolf of the Tigard Police to discuss safety and crime in the downtown. He said that they put infrastructure improvements and economic restructuring as lower priorities. Mr. Ellenson referenced the four-point approach recommended by the Oregon Downtown Association (ODTA) to develop a downtown, as described in the report. Mr. Ellenson referenced a map showing the boundaries of the district. He mentioned discussion of hiring a downtown manager sometime in the future to handle tasks currently handled by volunteers. He noted the general budget included in the document, along with copies of the Gresham and McMinnville budgets as examples of what was possible. He regarding partnerships developed with the Chamber, the Oregon Downtown Association, the Main Street City Center Association and the City of Tigard. He pointed out that various funding options listed and the general strategies and timeline for implementing the action plan. COUNCIL DISCUSSION Mayor Nicoli thanked the Association members for their work in moving forward with the downtown vision. He said that the Council has been patiently waiting for two years for involvement from people in the downtown as opposed to pushing the issue forward on its own. He told the Association not to put blinders on in putting together the plan, especially with regard to the price tag. Although the City did not have the budget to do a $5 million to $10 million plan immediately, over time the Association might be surprised at how much they could accomplish of the plan using various funding sources available at the City. Mayor Nicoli explained that he was looking for major redevelopment of the infrastructure in the downtown, citing the improvements to Commercial Street as an example of what the streets should look like. He mentioned pedestrian pathways and/or sidewalks connecting the adjacent neighborhoods to the downtown. He noted the controversial issue of condemning land for parking lots as an issue with which the City had to deal. Mayor Nicoli informed the Association of the likelihood of commuter rail coming to downtown Tigard in the near future. He commented that commuter rail could quickly bring in the money needed to make the improvements, citing the redevelopments in Beaverton and Hillsboro done in response to the light rail coming through those cities. He stated that Tri-Met, Metro and ODOT have put the Wilsonville to Beaverton commuter rail line on their short term radar screens, and were including line items in their budgets to move it forward. He mentioned interest in the Tigard downtown by the major investors who worked on the Hillsboro and Beaverton redevelopments. Councilor Hunt asked how much money was left of the $50,000 that Council set aside in 1994 for downtown improvements. Mr. Monahan said that $24,000 remained. Mr. Hendryx mentioned the $30,000 in his budget this year for planning studies for the downtown. Councilor Hunt spoke in support of the Association's efforts to pursue improvements to the downtown in a systematic and businesslike manner. He indicated that the Council wanted the Association (not the City) to develop the plan and that the Council would use its resources to support their work, as long as it was moving in a progressive direction. CITY COUNCIL MEETING MINUTES -FEBRUARY 16, 1999 - PAGE 4 Councilor Moore said that he was also pleased to see movement in the downtown. He mentioned hiring a downtown manager to help in finding consultation services. He said that he would give the Association the information that he and Mr. Monahan received at the National League of Cities Conference session on downtown revitalization. In addition, they received information during their discussion with Mr. Hyatt of Hyatt Palmer, a national consulting firm on downtown revitalization. He cited a news article provided by Councilor Scheckla on the City of Milwaukie's recent hiring of someone to do a similar study in their downtown. Councilor Moore spoke to the Association looking at the different consulting options available with the help of City staff. He mentioned that the City had saved up money and an interest in supporting the Association. He reiterated that, if the Association found it acceptable, staff could set up a study 'session to look at the various options and work with the Association to send out RFPs (if necessary). The Association could then return with a budget recommendation for Council discussion. Mr. Ellenson agreed that it was a good idea to look at all the options available in order to make an educated decision. He mentioned the $1,500 to $2,500 that ODTA charged, and the $25,000 to $30,000 a year salary for a downtown manager. Mayor Nicoli spoke regarding giving the Association every opportunity to succeed. He stated that he wanted an identity for Tigard other than the town with the highway running through it. Mayor Nicoli asked the Association to put a cost to a membership in the ODTA. He supported using the City funds already allocated for the downtown to pay for the membership. He mentioned reimbursing the $500 that the merchants have already spent on consultation services. He spoke to the Association working with City staff to select a consultant, as staff had experience with the process. He emphasized that the City would not run this process but they would provide substantial financial help. Councilor Moore asked staff how they saw the City's involvement in the consultant selection process. Mr. Monahan suggested a meeting between the Association, staff and Mr. Johnston to discuss what were the elements in the downtown that they all wanted. Then they could draw up a scope of services, identify a list of local consulting firms, and send out an RFP. Mr. Hendryx said that the Association could drive the interviews. He commented that the City did want to make sure that they got a product for their money that they could implement. Mr. Monahan suggested providing $2,000 to $5,000 to the Association to hire Mr. Johnston to help them with their incorporation process. He mentioned the Council reserving a spot for the Association near the end of the budget process to bring back a recommendation on funding for a consultant in the next fiscal year. Councilor Scheckla asked if Mr. Ellenson knew whether or not they had a majority of businesses in the area in support of their plan. He recommended that they make sure that they were doing this the right way for everyone's benefit before putting a lot of money into it. Mr. Ellenson said that they were trying to get that information together. Mr. Monahan commented that they would find out that information through the public input portion of developing a vision plan for the downtown. Mr. Ellenson mentioned that they wanted to invite people to the meetings but they reduced the group size while working on this document. He commented that, while they could not please everyone, they did want to get as many people on board as possible. CITY COUNCIL MEETING MINUTES -FEBRUARY 16, 1999 - PAGE 5 Councilor Scheckla stated that he wanted to see Tigard develop its own unique identity, not use another city's plan. An Association member stated that the plans included in the document were intended simply as examples. Councilor Patton said that she hoped that the Association could get a good mix of membership and people helping to do create a statement of identity in the Tigard downtown area. She mentioned the long range planning concepts introduced in their action plan for infrastructure and funding. She stated that she was impressed with the start that they have made. She said that the City would be as supportive as possible to help move this forward in a positive manner. Dave Hammond, Pacific Northwest Paint, asked how long it would be before commuter rail came to the downtown. Mayor Nicoli pointed out that this commuter rail line would cost $60 to $80 million to build while one mile of light rail took $100 million. He said that, in the eyes of the politicians, this project was very affordable and could be easily funded with federal and local dollars. He mentioned the north-south light rail money sitting frozen in. an account which voters could divert to this line. He reiterated that ODOT, Metro, and Tri-Met asking for long term planning dollars focused on this line indicated a definite interest in this line. Mayor Nicoli recounted the history of this project that started with Linda Peters suggesting the possibility of a commuter rail line and persuading four cities to contribute sufficient money to fund the first study. He stated that every time they turned around, a potential obstacle turned into an open door, including the state legislature providing money for studies. He pointed out that the light rail line to the airport project got going and funded in one year. He held that if things fell in the right order, they could be on paper in a year and a half. Councilor Moore agreed that commuter rail could come to the downtown in five years or less. He suggested that the Association take that into account in their study. Mayor Nicoli commented that he thought people had their eyes on the two industrial areas on each end of the downtown along the railroad tracks. He also thought that investors might target buildings without historic significance for redevelopment. Councilor Scheckla suggested focusing on places like Labor Ready to enhance the downtown area rather than on video poker type establishments. Mr. Ellenson agreed. He said that, while they could not stop anyone from doing anything, they could suggest a type of business that might better enhance the downtown area. Mayor Nicoli commented that the Council could use the zoning ordinances to help with those situations. 4. APARTMENT MANAGEMENT ISSUES DISCUSSION STAFF REPORT Ron Goodpaster, Police Chief, reported to the Council that in March, Officer Jim Wolf would begin a Tigard branch of an enhanced safety and property program geared to multi-family residential units. He indicated that Officer Wolf completed the training at the Beaverton branch, as did several apartment complex owners and managers. He pointed out that this program directly addressed the visioning process's top public safety goal of enhancing public safety in the community. He commented that this was not unlike the neighborhood watch programs for single family residential neighborhoods. CITY COUNCIL MEETING MINUTES -FEBRUARY 16, 1999 - PAGE 6 Chief Goodpaster reviewed the history of this program that started in Portland several years ago under a Department of Justice grant. He explained that Beaverton and Tigard worked together to form a Washington County program. He said that the program was designed for the benefit of the tenant, the landlord and the police. He noted the three phases of the program: an eight hour training session to educate managers or property owners regarding laws, processes and procedures for enhanced safety, a security assessment of the property and semi-annual meetings of the police, the tenants and the management to discuss safety and security. Chief Goodpaster reviewed in detail the thorough four-page security assessment form completed by Officer Wolf and the property manager during a site visit, and the mandatory requirements of the program. He said that only Tiffany Court in Tigard has gone through the assessment phase, and they were slowing addressing the issues. Chief Goodpaster noted that some complexes, like Villa La Paz, have already started their meetings without going through the assessment phase. Chief Goodpaster mentioned the successes of the department in using similar actions to address crime and safety issues at apartment complexes prior to the program, citing the Maracene Terrace as an example. He said that the owners addressed the issues and solved many of the problems. Chief Goodpaster said that the main focus of the program was to provide the tenant and the management firm with the tools they needed to effectively manage the property. He noted that the benefit to the City was the police not having to continually return to a particular complex to deal with recurring problems. He said that the department did not mind investing the substantial time up front to get this program going because their payoff of fewer police responses came later on. Chief Goodpaster commented that most property managers have not received formal training in eviction procedures, landlord/tenant law or applicant screening processes. Chief Goodpaster described how the police worked with various apartment complexes in Tigard in implementing this program. He mentioned the article in the March Cityscape. He stated that this program would be a tremendous tool for the City in working with these complexes to address problems without spending an inordinate amount of the City's resources on this one issue. COUNCIL QUESTIONS Councilor Scheckla asked how the police found out if a complex changed management. Chief Goodpaster said that most of the officers knew the apartment managers in town, especially Officer Wolf who kept in regular contact with the managers. Therefore, they found out quickly when there was a change in management. Councilor Scheckla asked how the department dealt with the language barrier at some of the complexes. Chief Goodpaster said that they had a few bilingual officers (Spanish/English), and they would provide bilingual notices. Sheila Greenlaw-Fink, Community Partners for Affordable Housing, expressed her agency's support of this program finally coming to Tigard. 5. METRO ANNEXATION ISSUES: DISCUSSION ON PROCESS AND COUNCIL DIRECTION CITY COUNCIL MEETING MINUTES -FEBRUARY 16, 1999 - PAGE 7 STAFF REPORT Laurie Nicholson, Associate Planner, reviewed the current annexation process following the termination of the Boundary Commission in December. She said that the City relied on the City Code, state law, and Metro annexation requirements to process annexations, although they have not had any annexation requests this year. She mentioned a public hearing before the Council. Ms. Nicholson informed the Council that Metro was already revising the annexation ordinance they adopted in December. She explained that the ordinance mixed the issues of land use process versus governance and therefore Metro was revising the ordinance to sort out the issues. She emphasized to Councilor Scheckla that the City was not left without a process while this revision was going on, they used the adopted Metro ordinance as originally written. Councilor Hunt asked for clarification on Metro's role in annexations. Ms. Nicholson said that Metro did not control annexations, it was a local process. She explained that Metro had to provide legislation for processing annexations in order to fill the void left by the Boundary Commission. In response to a question from Councilor Scheckla, she said that they had yet to see whether the new system was better or worse for the City. Mr. Monahan explained that Metro's role in the annexation process was to settle disputes and process the paperwork for the applications. He agreed that the intent was to leave the annexation decisions to the local jurisdictions. Mr. Hendryx clarified that Metro settled disputes between jurisdictions. Citizens disputing an annexation could appeal to LUBA. Councilor Scheckla asked what the difference was between the fee paid now to Metro and the fee paid before to the Boundary Commission. Ms. Nicholson said that the Boundary Commission fee was on a sliding scale based on acreage whereas Metro charged a flat fee of $450. She confirmed that Metro now performed the administrative and recordkeeping functions of the annexation process. Ms. Nicholson explained that the City currently waived the fees for covering local staff time. She stated that a few years ago staff determined that the fee to process annexation applications should be $1,100. She commented that the City could either pass the Metro $450 fee itself or pass it on to the applicants. Councilor Hunt expressed his discomfort in establishing an annexation fee without setting an annexation policy first. He pointed out that charging an $1,110 fee on forced annexations would be difficult. Mr. Monahan commented that the Council always had the ability to waive fees. He said that the City needed an interim annexation fee until the policy was set. He conceded to Councilor Hunt that an interim fee might discourage annexations. CITY COUNCIL MEETING MINUTES -FEBRUARY 16, 1999 - PAGE 8 Ms. Nicholson reiterated that this staff proposal involved two fees: a fee to cover local staff costs and the fee for Metro. She explained that, under the old system, the City paid the Boundary Commission fee for Walnut Island residents but not for Bull Mountain or Metzger residents. She stated that, under the new system, the City would pay the $450 Metro fee for everyone because staff lacked a policy stating otherwise. She asked for direction on whether or not to charge the local fee and whether or not to pass on the Metro fee to the applicants. m Mayor Nicoli left the meeting at 8:50 p.m. Council President Moore supported recouping any Metro costs from the applicant, and charging an.interim annexation fee for the local costs until the policy was set. He mentioned the Council's ability to waive the fee at its discretion. Councilor Hunt disagreed, arguing that they should have a policy that either waived the fee for everyone or for no one. Councilor Scheckla suggested splitting the local annexation fee 50150 between the City and the applicant. The Council agreed by consensus to direct staff to pass through the Metro fee to the applicant. Councilor Patton asked what staff anticipated as the volume of annexations. Mr. Hendryx said that staff had processed about 6 or so applications a year. Council President Moore suggested developing a processing fee for developed property versus developing property. Mr. Hendryx mentioned the annexation goals and action plans presented in the Visioning document. He stated that a thorough analysis of annexation should be done, as it impacted the individual areas outside the city in order for the Council to understand the ultimate costs of annexation. He pointed out that different areas had different amounts and different kinds of urban infrastructure already in place. Therefore, land coming in from one area (with fewer public facilities in place) would cost the City more land coming in with the full urban infrastructure. Mr. Hendryx proposed a process in which staff conducted a capital facilities evaluation of each area that could annex to the city. This would enable the Council to look at each area independently or at all areas comprehensively. Following that, staff would do an analysis of the pros and cons of annexing specific areas, including capital facility costs and potential tax revenues. This analysis would serve as the basis for determining a logical priority and schedule for annexations. In the fall, staff would develop an annexation process for the various areas. He noted that this project would take staff time in Community Development, Engineering and Finance. Mr. Hendryx asked if Council wanted staff to take a proactive approach in contacting property owners regarding annexation. Mr. Monahan noted another question of whether or not Walnut Island was a Council priority. Councilor Hunt said that he thought that the Council said all islands, not just Walnut Island. Councilor Scheckla asked what impact annexations would have on City departments. He mentioned the space needs in particular. Mr. Hendryx agreed that cost considerations would be part of the pros and cons analysis. CITY COUNCIL MEETING MINUTES -FEBRUARY 16, 1999 - PAGE 9 Councilor Hunt reiterated that he did not want. to move forward with the local fee until they had a chance to study it. Councilor Patton concurred, pointing out that there could be differentiations in the fee depending what Council decided regarding the annexation issues. The Council discussed the local fee issue. Council President Moore asked if staff could easily separate applications for undeveloped property versus developed properties. Ms. Nicholson said that staff did discuss waiving the fee for certain acreage sizes. Councilor Scheckla argued that everyone had to be treated equally or the process was not fair. The City should either waive the fees for everyone or implement a 50150 match. He held that they should have a 50150 match at a minimum, given the amount of staff work involved. Ms. Nicholson explained that the $1,110 fee came from a survey done four years ago at the time of the adoption of the current fees. The survey looked at how much staff time it took to process the different kinds of applications. She said that it was a lengthy process no matter the acreage size. She noted that the Council decided to waive the annexation fee at that time. Council President Moore said that he would go along with Councilors Hunt and Patton's position to waive the local fee for everyone until they developed an annexation policy. The Council confirmed that they still wanted the Metro $450 fee passed through to all applicants. Councilor Patton asked if staff would re-figure the local processing cost for annexations. Mr. Hendryx said that they could re-evaluate it once they got some applications in for processing. Mr. Monahan asked for confirmation that Council wanted staff to pursue Mr. Hendryx's proposal for the annexation policy process and to present their capital facilities and cost analysis of all the different island areas at one time. Councilor Scheckla asked staff to include the costs of providing service from the different departments. Mr. Monahan confirmed that the process to annex areas that were not islands would be different because the City could not force annex those areas. Councilor Hunt asked for calculation of tax revenues to offset the expense. The Council agreed by consensus to direct staff to move forward with Mr. Hendryx's proposal as discussed. ® The Council heard Agenda Item 7, Summerlake Park, at this time. 6. COUNCIL GOALS 1999 DISCUSSION Mr. Monahan pointed out that four of the agenda items tonight directly addressed Council goals: apartment complex management, annexation policy, the Central Business District, and the master plan. He stated that staff used the goals as guidelines for their work plans. He mentioned quarterly reports to Council. He said that staff was trying to not stack up long agenda items on the same night. o The Council considered Agenda Item 9, Non-Agenda Items, at this time. CITY COUNCIL MEETING MINUTES -FEBRUARY 16, 1999 - PAGE 10 7. SUMMERLAKE PART{ NEIGHBORHOOD ISSUES DISCUSSION STAFF REPORT Mr. Monahan mentioned the public workshop conducted with the master plan consultants on the Summerlake improvements. He reviewed the one year experience staff had in implementing those improvements, specifically the weed harvesting. He noted the outstanding question of whether or not to place a membrane on the lake bottom to inhibit weed growth. He said that they needed to decide whether or not to expend the funds set aside in this year's budget, and what to include in next year's budget. Councilor Hunt mentioned the extensive discussion during goal setting on whether or not one of the options should be dredging. Mr. Duenas stated that, of the three improvements recommended by the Task Force, staff has done the weed harvesting. Staff also knew that DEQ would disapprove an application for the alum treatment, and therefore has not pursued it. He said that staff did favor placing a bottom barrier in the lake in conjunction with the weed cutting. Mr. Duenas said that staff concluded that dredging was not a good option because it stirred up the sediments and nutrients in the water, causing an algae bloom even worse than before. He mentioned that the consultant recommended dredging to 16 feet (the lake depth was currently at 5 feet) in order to get rid of the weeds. He explained that a deeper lake meant stagnant water that. also contributed to an algae bloom. He stated that they did not know precisely what they would get for the $150,000 cost for dredging. Ed Wegner, Public Works Director, concurred. He stated that they budgeted for three weed cuttings this fiscal year (July and August 1998 and June 1999) and have done the same for fiscal year 1999/2000. He agreed with Mr. Duenas' recommendations to place the bottom barrier and not do the alum treatment. He mentioned that they completed planting the trees around the edge of the lake. COUNCIL QUESTIONS Councilor Hunt asked what the cost was for the mowing. Mr. Wegner said that the cost was $7,200 per mowing. He confirmed to Councilor Scheckla that the mowing worked aesthetically but that was all it was. Councilor Scheckla stated that he would not approve purchase of a weed harvester. He questioned spending significant amounts of money to satisfy the 20-25 people who lived around the lake. He spoke to looking at the overall picture and continuing to rent the harvester. Mr. Wegner said that he did not disagree but he pointed out that the City was spending over $6,000 a cutting for a machine that cost $48,000. Council President Moore commented that they could pay it off in two years. CITY COUNCIL MEETING MINUTES -FEBRUARY 16, 1999 - PAGE 11 Councilor Scheckla argued that there was a difference because they would have to pay an operator salary and benefits for a machine used only three times a year. Council President Moore said that he had not seen any cost comparisons to make that decision right now. Council President Moore asked how staff planned to accomplish the recommendation to reduce nutrient loading in Summerlake. Mr. Wegner commented that removing the waterfowl and nutria was a controversial issue but doing so would reduce the nutrient loading in the lake. Council President Moore noted that staff would report back to Council on the options for dealing with this issue. Council President Moore raised the tree planting issue. Mr. Wegner said that staff had recommendations from the neighbors, from Mr. Percival's Trees 2000 plan and USA. He recommended that the City stop planting any more trees, due to the northside neighbors and maintain the shoreline as they have for two years, leaving all the trees already planted. Councilor Bunt asked if City would replace the damaged trees. Mr. Wegner said that he would like to replace them, although he was not sure that it was practical. Mr. Monahan commented that perhaps they could plant the same number in a different location. Councilor Scheckla asked how many trees died and why. Mr. Wegner reported that three to four trees on the north side and ten on the east and west sides died, some damaged by animals and seven out of ten killed by vandalism. He said that they have had no new reports of trees dying since the first wave of vandalism. Mr. Monahan suggested that the Council authorize Mr. Wegner to work with the neighbors on the placement of the replacement trees. Councilor Hunt commented that they paid a lot of money to a consultant whom recommended planting more trees in order to cool off the water. He asked if they were now opposed implementing those recommendations. Mr. Wegner said that staff met with the northside neighbors and agreed to plant 35 of the 56 recommended trees. He mentioned that USA was happy with the number of trees planted. He stated that they also changed the recommended tree species to types more conducive to a neighborhood setting. Mr. Monahan pointed out that Mr. Percival's report recommended planting trees for both cooling and aesthetic purposes. Mr. Wegner confirmed that the trees on the south end had more impact on cooling the lake than those at the north end. PUBLIC COMMENT Council President Moore opened the meeting to public comment. CITY COUNCIL MEETING MINUTES -FEBRUARY 16, 1999 - PAGE 12 o Howard Banta, Friends of Summer Lake President, distributed copies of his statement. He described the lake management situation as he saw it, being a close observer of the lake for more than 12 years and a geological engineer with 30 years experience working in land management issues. He stated that this was a 6.5-acre lake that stagnated 4 months each year from lack of rain. He described how stagnated water promoted offensive weed growth and algae blooms feeding off the increased warmth and high nutrient load of the water. He described the natural processes whereby the lake returned to a more pleasing condition for the remaining 8 months of the year. Mr. Banta contended that the main source of the nutrients (phosphorous in particular) for the past 20 years has been upstream erosion caused by development. He argued that Summerlake also protected the lowest mile of Summer Creek and the lowest 3.3 miles of Fanno Creek from unwanted mud and warm water that would otherwise harm the fish and their habitat in those lower regions. He held that the dam was a benefit to water quality, not a detriment. Mr. Banta mentioned the reports of poor water quality in Summer Creek. He argued that these reports showed that the lake was not the cause of the poor water quality, as the water quality was already bad before it got into the lake. He described the water sampling times, location, and method. He held that the high nutrients reported came from the waterfowl using Murrayhill Pond, half a mile above the sampling site. Mr. Banta agreed with the staff recommendations on harvesting weeds and putting in bottom barriers. He said that the barriers would be useful only in shallow water. He mentioned that the weed harvester operator told him that a smaller harvester would work better. He pointed out that weed harvesting did pull the phosphorous out of the water. Mr. Banta asked how the staff recommendation to reduce the nutrient loading could be accomplished when most of the nutrients came from the erosion of high phosphorous soils upstream and outside the City boundaries, not from water fowl and animals. He stated that he traced the muddy water going into Summerlake after the recent rainstorms to the Sterling Park area, a new development in Beaverton. Mr. Banta contended that no one has asked why DEQ objected to the alum treatment. He said that alum treatment could significantly cut weed-harvesting costs by reducing the algae bloom. He pointed out that utilities used alum routinely to remove sediments and organics from drinking water. He asked if DEQ's refusal to issue this permit was part of a long-term strategy to force the City to abandon Summerlake. Mr. Banta spoke in support of dredging the lake, arguing that eventually it would fill up with mud, leaving the City with a mosquito-infested swamp in the middle of a once beautiful park. He held that the facts and science used by opponents of the lake should be clearly laid out, so that the City and citizens could make an informed and correct judgment regarding the lake. He argued that the costs of removing the dam, creating the stream channel, and revegetating the banks would approach the costs for dredging. CITY COUNCIL MEETING MINUTES -FEBRUARY 16, 1999 - PAGE 13 Mr. Banta pointed out that the dam made no difference to saving the upper Willamette steelhead from extinction because there was not enough room above the dam for the fish fry and the 20 .years of mud buried the spawning gravel. He argued that all signs pointed to the demise of Summerlake. He held that Summerlake was worthy of the Council's protection as a major recreational facility for Tigard citizens and as protection for downstream fish habitat. Councilor Hunt asked what Mr. Banta's recommendations were. Mr. Banta recommended following up with those who opposed the alum treatment. He agreed that an alum treatment would not stop the lake from eventually filling up. He pointed out that they were fast approaching build-out in the upper watershed that would slow down the filling in process. He reiterated that the muddy storm water came from the Sterling Park development, as it had come from the Bull Run Meadows and other developments earlier. Mr. Duenas mentioned that staff tested the lake depth a year and a half-ago and found that the sediment was only 8 to 10 inches deep. He asked how Mr. Banta reconciled the staff findings with his contention that the lake was filling up with sediment. Mr. Banta pointed out that the sediment was coming from a long distance and was primarily the fine-grained sediment. Mr. Duenas commented that he had expected more sediment deposited over the last 20 years than they found. Mr. Banta pointed out that the original lake depth was from 5 to 8 feet. Councilor Scheckla asked what would happen when the development was built out. Mr. Banta said that the amounts of sediment deposited should drop significantly. He conceded that the City's current plan of action could be effective until the problem subsided at build-out. Mr. Monahan pointed out that the landscaping of developed properties would create a different runoff problem with chemicals and things other than mud. Mr. Banta said that KCM addressed that issue in their report. He recounted a conversation he had with a man in his 40s who claimed to have swum in Summerlake as a child and who described the dam as a board dam. He noted that KCM recommended dredging the sediment bar. Mr. Wegner referenced the September 22, 1998, letter received from DEQ outlining their reasons for objecting to an alum treatment permit. He explained that the bottom barrier went along the edges because the weed harvester available in the Northwest was the large machine and it could not get up the sides. o Van Camp concurred with Mr. Banta's comments. He supported consideration of dredging. COUNCIL DISCUSSION Council President Moore asked if they would have to keep dredging every five or six years at a cost of $150,000 per dredging operation. He commented that the remaining development could defeat the purpose of the dredging. He mentioned that he did not know where they would find the money for it either. CITY COUNCIL MEETING MINUTES -FEBRUARY 16, 1999 - PAGE 14 Mr. Duenas stated that he did not think that dredging would solve the problems, rather they would exchange one set of problems for another set. He cited the problems seen at Commonwealth Lake following that dredging operation. He reiterated that he was not sure that they wanted to spend $150,000 without knowing exactly what they would get. He agreed that the possibility of repeated dredging was a factor in their decision. Mr. Banta agreed that dredging would disturb the phosphates on the bottom. He said that the City would have to deal with the algae bloom for a few years until the phosphates cycled out of the lake. He stated that he was not recommending multiple dredging. Mr. Banta spoke to the Council taking a long-term approach to the lake, not a short Band-Aid approach. He argued that the Council had to decide whether or not it wanted to keep the lake. He reiterated his support of keeping the lake for the enjoyment of Tigard citizens. He urged the Council to read the neighbors' remarks, given in connection with the Summerlake Master Plan. He supported weed harvesting and careful consideration of the placement of the bottom barriers. Mr. Duenas asked for discussion of dredging. He reiterated that the consultant recommended dredging to 16 feet in order to get rid of the weeds. Mr. Banta said that he did not advocate that. He commented that, once the development stopped, he doubted they would have to dredge very often. Council President Moore agreed that the City needed to decide what the intent of the lake was. He expressed concern that they were putting too much effort into a lake that was never meant to have that much attention. He pointed out that they could do a lot of weed harvesting for the $150,000 cost of dredging. Councilor Hunt held that Summerlake deserved as much attention as Cook Park. He disagreed that $150,000 was too much to spend but said that he did not want to spend it if they got nothing for their money. He agreed with Council President Moore that they needed to decide what type of a lake facility they wanted. Mr. Duenas commented that the Summerlake Master Plan currently in process looked at the lake as a park feature. Mr. Monahan suggested having MIG take a hard look at the park based on the December 17, 1998, workshop discussion. Councilor Hunt expressed his support of the staff recommendations as a short term Band-Aid to maintain the park for another year until they decided what they wanted to do with it. He commented that they did not have the leisure of doing nothing at all. He recommended not deciding on the dredging until the master plan process yielded a plan for what the lake should be used for in the community. Councilor Scheckla stated that he would not support dredging, especially if the intent was to turn the lake into a swimming pool. CITY COUNCIL MEETING MINUTES -FEBRUARY 16, 1999 - PAGE 15 Councilor Patton supported Councilor Hunt's suggestion to proceed with the staff recommendations for maintenance. She said that she was not comfortable making a decision on dredging until she knew what the Council's intentions were for Summerlake. She pointed out that the lake was not filling up so fast with sediment that it would disappear in two years. The Council agreed by consensus to direct staff to proceed with their recommendations, and to include the trees in the master plan discussion. ® Council President Moore recessed the meeting for a break. ® Council President Moore reconvened the meeting. 8. DISCUSSION: BID AWARD FOR CONSTRUCTION OF PAVILION AND PICNIC SHELTER AT COOK PARK John Roy, Property Master, presented a series of diagrams and drawings illustrating the location, elements, and appearance of the pavilion and picnic shelter at Cook Park in response to Council questions. He explained to Councilor Hunt that staff had to separate out the lines for drinking and irrigation water because they would use recycled water for irrigation. He also reviewed the specifics of the storm drainage system. He pointed out the 150 foot long, 3 feet high berm placed in front of the gazebo to provide raised seating for performance events. He noted the 10 foot wide concrete pathways built to each structure. Mr. Roy described how staff could install four weather beater panels in the open pavilion to create a backdrop for performances, if requested. He mentioned that, in addition to the two structures, the City was getting the water and power lines, the pathways and the berm as part of this contract. Councilor Hunt mentioned the intent to use the pavilion as a multi-purpose structure. He asked what amenities the pavilion had to enhance its use for picnics. Mr. Roy noted the concrete path and large barbecue installed for larger groups. Councilor Patton asked about the berm seating. Mr. Roy said that it should seat quite a few people. He mentioned staff s research into potential landscaping options for the backside of the berm. He confirmed to Councilor Hunt that the pavilion would be at ground-level, as the Corps of Engineers had quickly eliminated any other option during the design phase. He confirmed to Councilor Scheckla that the structures would be ADA accessible. Mr. Wegner stated that staff designed the gazebo as a pavilion to serve as both a performance stage and a picnic shelter. He said that the Task Force had not felt it worthwhile to spend money for just a performance area. Councilor Hunt asked if portable restrooms were still in the plan. Mr. Roy said yes. He noted where the movable restrooms would be located and hooked up to the water and power. CITY COUNCIL MEETING MINUTES -FEBRUARY 16, 1999 - PAGE 16 Councilor Patton asked if staff felt comfortable that the low bid was a reasonable estimate. Mr. Roy said yes, staff was comfortable with the estimate and confident that Robert Gray Partners would do a quality job. • The Council considered Agenda Item 6, Council Goals, at this time. 9. NON-AGENDA ITEMS Mr. Monahan said that he would ask the Mayor for direction on the Metro Task Force and on the letter that the Mayor was supposed to write regarding the changes to the building system in the Metro area. He mentioned Balloon Festival, King City, and Task Force meetings this week. Councilor Scheckla asked the Councilors to provide written input regarding the TVCA matter, as the next MACC meeting was March 3. He commented that if someone was or was not satisfied with the situation, now was the time to bring it up. Councilor Hunt asked if there had been discussion about pulling completely out of TVCA. Councilor Scheckla said that was what he would recommend. Mr. Monahan suggested funding TVCA but holding them accountable to take a hard look at what resources they needed. 10. EXECUTIVE SESSION 11. ADJOURNMENT: 10:50 p.m. Attest: or, City of Tig Date: 4Jic-a4Gomeezz, Deputy City Recorde CITY COUNCIL MEETING MINUTES -FEBRUARY 16, 1999 - PAGE 17 Agenda item N®- 8 Meeting of 3 ;1122 MEMORANDUM CITY OF TIGARD Community Development ShapingA Better Community CITY OF TIGARD TO: Honorable Mayor and City Council FROM: Jim Hendryx, Director of Community Development DATE: March 11, 1999 SUBJECT: Implementation issues and process for the Housing Program This memo is to keep you informed of implementation issues and the process we are using to ensure that we are ready to go on 5/3/99 for the new housing program. Public Relations and Education: We are using the "Tigard Landlord Forum" to provide information and education to landlords about the program. The forums are intended to become a regular setting for a variety of issues to be discussed with landlords and property managers in Tigard. Police, Building, Community Action Organization, and Community Partners for Affordable Housing are the primary participants in the forums. The Oregon Apartment Association, the Metro-Multi Family Housing Association and the National Association of Residential Property Managers are co-sponsors of the first two forums to be held March 15, 1999, and April 26, 1999. See the attached flier for details. I will be prepared to provide an update at the March 16, 1999, Council meeting on how the first Landlord Forum went. Forms Procedures and Details: Draft forms and notices are currently being reviewed by the City Attorney. They will be ready for program implementation. We are currently working on the details of office procedures for taking complaints over the phone and at the counter. We are looking at contracting through WCCA with AT&T to provide interpretive services over the phone. AT&T provides multi-language interpretive services 24-hours/day within minutes of requesting service. Siat inT: Albert Shields has been hired as our-housing inspector and will assume his duties on April 1, 1999. Albert will be assisted by our other inspectors and support staff as needed. Additionally, Merry MacKinnon, program intern, will provide support services during the first two months of program implementation to assist us in "getting of to a good start." As you know, "Flap" Watkins, Inspection Supervisor, will be responsible for the program until a new building official is hired. Merry is also compiling referral information and contacts names for housing assistance programs. She is also investigating having the attached flier translated into Spanish. This should greatly help when the program starts. David Scott and I met with Ron Goodpaster on March 4, 1999, to discuss the Police Department's role in the housing program. Community Development will provide training on the program to Police personnel before the program is initiated in May. This will include briefings on the overall intent of the program, what to look for with regards to code violations, and referral procedures. We also discussed safety procedures for the housing inspector and will coordinate our approach accordingly. Police backup will be provided as needed. At this point, staffing levels appear acceptable. Council periodically. I will assess it in the coming months and update I:/cdadmrjjerreerjim/gen/ccimplementmemo.doc 16m u c~S . • U) to E-4 ~S CD > 14-1 N 10 O bA 0 M b.0 H r bA ~ C '0 o 0 oA s J~ 4 ~ ; F to b - 2 x ~ U0 0 e s e s s ♦ ♦ o • • • • • • a f ® ® ® ®1 ® saes ® ® ® ® ®c~ 0 0 o °04 u b°n 1.4 Sri O1 ~ C Q 04 o ~e o a~ ow a fu 04 -0 1-4 @4 W) a b N H 00 00 00 • bb at a+ A '0 c7 t C4 AMA 0,0 J r. y b ..fir i y rn O 4~ 'O d' •i 4 M :3 X, _r~l p•1 w ea b a~ ° (J 2t a~i M o > G t4 bl) O ai a w a cis v] G1 0en w o ^ q v u E=. U cu 0 CL, -r, 0 w cu cc a) cu to - ~C V J O v G eC u t, v F-1 O p T * v v, u u d 3 d w~ a m o o ° n I- d al G H o cC O o 3 y MAIM C~ H v a o v b n Q b a E" o Q t2, ~s o 3 c .0~ a d O w a ° F$ 3 O H Z w~ 0 v A O w a~ r 5. bO o -XI -Xj 0 Z) -4 0 ® A O z p Q O o o ~d A H CQ , P-4 cu 0 V) U bp bb b, Lf) bO O C7 x a y ° v W p E" Oi ° 000 o o a o> o ~x A? 3?z UUx¢xz~,~l AGENDA ITEM # 3 FOR AGENDA OF 3/23/99 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Interest Rate for Reimbursement District Annual Fee Adjustment for 1998/99 PREPARED BY: Wayne DEPT HEAD OK CITY MGR OK ISSUE BEFORE THE COUNCIL Shall the Tigard City Council approve the recommendation of the Finance Director for the interest rate for 1998/99 to be applied to all reimbursement districts formed during the year? STAFF RECOMMENDATION Staff recommends approval of the recommended rate included in the attached resolution. INFORMATION SUMMARY Tigard Municipal Code section 13.09.115 (2) requires the Finance Director to recommend an interest rate to be used in determining the annual fee adjustment for reimbursement districts. The current rate for reimbursement districts formed during fiscal year 97/98 is 6.05%. The Code states the Council shall consider the recommendation of the Finance Director and shall adopt an interest rate to be used in determining the annual fee adjustment. The rate adopted by the Council is then applied to all reimbursement districts formed during the fiscal year for which annual fee adjustments are approved. Because the life of a reimbursement district shall not extend beyond fifteen years, we recommend using the United States Treasury Bond rate for a fifteen year maturity. That rate is currently 5.55%. We therefore recommend that 5.55% be used for 1998/99 as specified in TMC 13.09.115 (2). OTHER ALTERNATIVES CONSIDERED Establish the rate using some other method. FISCAL NOTES Interest on the share of the improvements will only be realized by the City for City constructed projects, if and when, connections to the improvements are made by citizens. 1ACITYWIDEUNTEREST RATE 98-99.DOC AGENDA ITEM # S. 4 FOR AGENDA OF 3/23/99 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Washington County Consolidated Communications Agency (WCCCA) Application for Membership from Banks PREPARED BY: William Monahan DEPT HEAD OK CITY MGR OK ISSUE BEFORE THE COUNCIL Should the City Council pass a Resolution calling for an amendment to the WCCCA intergovernmental agreement to allow the City of Banks to become a member of the Agency? STAFF RECOMMENDATION Staff recommends that Council adopt the attached Resolution, expressing a desire to amend the agreement to allow Banks to gain membership in WCCCA. This recommendation follows a recommendation of the WCCCA Executive Board and Board of Commissioners. INFORMATION SUMMARY The WCCCA operates under an intergovernmental agreement made up of most local governments and fire service providers within Washington County. The City of Banks has not been a member of the Agency, however, the City has requested membership. In order that the intergovernmental agreement for which the organization was created may be amended, a Resolution of the City Council must be passed to allow for this change. OTHER ALTERNATIVES CONSIDERED Take no action, thus Banks would not be entitled to membership in WCCCA. VISION TASK FORCE GOAL AND ACTION COMAUTTEE STRATEGY N/A FISCAL NOTES No financial impact is anticipated. i:~cicywidebilnwccca-banks amend BULLIVANT ROUSER BAILEY A PROFESSIONAL CORPORATION ATTORNEYS AT LAW JOHN M. JUNKIN E-mail: john junldn@bullivantcom Direct Dial: 5034994613 December 4, 1998 Ms. RoxAnn Brown Washington County Consolidated Communications Agency 17911 NW Evergreen Parkway Beaverton, OR 97006 Re: Expansion of WCCCA Membership Dear RoxAnn: 300 Pioneer Tower 888 SW Fifth Avenue Portland, OR 972042089 503-228-0351 Fax 503-295-0915 www.buitivant.com I understand that the City of Banks has requested membership in WCCCA. You have asked that I advise you in regards to the manner and method to use in expanding WCCCA membership to include Banks. The intergovernmental agreement establishing WCCCA does not provide a specific process for increasing membership; rather it provides that the WCCCA Board develop a method (Paragraph 9). It is my recollection in drafting the IGA that the charter members of WCCCA desired some flexibility in providing for membership expansion. One factor that is required however, is that a new member must be unanimously accepted by WCCCA members. I can only recall one WCCCA membership expansion that brought in Tri-Cities RFPD, Gaston RFPD, Cornelius RFPD, Forest Grove RFPD and the City of Forest Grove. The method used in that case was to have the WCCCA Executive Board first consider the request for membership and forward a recommendation to the WCCCA Board, with any suggested changes to the IGA and/or conditions for accepting membership. A proposed change to the IGA, for example, may include having a Banks representative on the WCCCA Technical Advisory Committee (requiring amendment to IGA paragraph 5a). The Board would then take action of rejecting, accepting or accepting the E-Board recommendation with modified conditions. In the event the Board voted to accept an E-Board recommendation to accept Banks as a new WCCCA member, it would send a form resolution to the governing body of each member jurisdiction (see attached) for consideration and action. In addition, upon a WCCCA SEATTLE • VANCOUVER • PORTLAND o SACRAMENTO • SAN FRANCISCO • IRVINE /A BuLuv fflousERRum Ms. RoxAnn Brown December 4, 1998 Page 2 member passing the resolution agreeing to Banks' membership, each member and Banks would enter into an amendment to the IGA to identify Banks as a member and any other IGA changes recommended with the membership (e.g. providing for a Banks representative on the TAC under paragraph 5 a). I have enclosed a copy of a form IGA amendment that may be modified to include further changes to the IGA to accommodate the Banks membership, and circulated for signature among the WCCCA membership. . An issue did arise before regarding a change in the ORS 190 statute for intergovernmental agreements creating an entity to do so by ordinance (ORS 190.085). This statutory provision was adopted after the creation of WCCCA. I have previously opined,.and I do again, that this requirement to use an ordinance does not apply to situations such as this, where the entity has already been created and the participating members are merely expanding membership. Therefore, the participating members may make a decision to expand membership using the enclosed resolution, or a similar resolution.. I suggest you follow the process previously used and that your E-Board consider the Banks request, and any conditions and/or changes in the IGA to accommodate the Banks membership. The &Board's recommendation can then be presented to the Board for a decision if the membership request should be forwarded to all participating members jurisdiction for agreement and adoption. Please call if you have any questions. Veryyltruly yo rs, t John M. Junkin JMJ:mb Enclosures ■ 33 AW4 NDMENT TO INTERGOVERNMENTAL AGREEMENT WASI E[riGTON COUNTY CONSOLIDATED COMMUNICATIONS AGENCY TIiIS AMENDMENT to the Washington County Consolidated Communications Agency Intergovernmental Agreement ("Agreement") is made and entered into pursuant to ORS 190.010 and by and among the Washington County Consolidated Communications Agency ("Agency') participating jurisdictions, as identified in the Agreement, and the City of Banks (collectively referred to herein as "Participating Jurisdiction'5_ WF EREAS-the Participating Jurisdictions.desire to amend the Agreement to provide for expanded membership in the Agency and to provide further changes to facilitate such expanded membership; now therefore in consideration of the mutual promises contained herein, it is agreed as follows: 1. The Washington County Consolidated Communications Agency Intergovernmental Agreement is by this reference incorporated herein, and except as expressly modified or amended below, shall remain in full force and effect. 2. Membership in the Agency is hereby expanded to include the City of Banks. Additional terms of expanded membership may include, for example, changes in paragraph 5(a), Technical Advisory Committee (query: include a Banks representative?). 1- AMENDIMENT TO IGA d MEMORANDUM CITY OF TIGARD, OREGON TO: City Council FROM: William Monahan DATE: March 15, 1999 SUBJECT: Washington County Consolidation Communications Agency Application for Membership from Banks The City of Banks has requested membership in WCCCA. The Executive Board and Board of Commissioners for WCCCA recommend that membership be granted to Banks. The Board of Commissioners has requested that a Resolution be passed by each member jurisdiction allowing amendment of the intergovernmentive agreement which established WCCCA. Once all jurisdictions have adopted a Resolution, an amendment to the IGA will be prepared to identify Banks as a member. Attached is a Resolution prepared by WCCCA's legal counsel, John M. Junkin. I:WDMMILL\990312MEMO-CITY COUNCIL-BANKS-WCCCA SUBSCRIBED TO AND ENTERED INTO by the appropriate officer(s) who are duly authorized by resolution to execute this Amendment on behalf of the governing body of the below-named unit of local government. DATED this day of 11998. City of Beaverton City Attorney APPROVED AS TO FORM DATED this day of '1998. City of Cornelius City Attorney APPROVED AS TO FORM DATED this day of 51998. City of Durham City Attorney APPROVED AS TO FORM DATED this day of , 1998. City of Gaston City Attorney APPROVED AS TO FORM 2 - AMENDNEENT TO IGA DATED this day of 1998. City of Hillsboro City Attorney APPROVED AS TO FORM DATED this day of '1998. City of King City DATED this day of City of North Plains DATED this day of City of Sherwood DATED this day of City of Tigard City Attorney APPROVED AS TO FORM 1998. City Attorney APPROVED AS TO FORM 1998. City Attorney APPROVED AS TO FORM .1998. City Attorney APPROVED AS TO FORM 3 - AMENDMENT T® IGA I DATED this day of , 1998. City of Tualatin City Attorney APPROVED AS TO FORM DATED this dayof 1098. Tualatin Valley Fire & Rescue City Attorney APPROVED AS TO FORM DATED this day of , 1998. Washington County City Attorney Fire District No. 2 APPROVED AS TO FORM DATED this day of , 1998. Washington County City Attorney APPROVED AS TO FORM DATED this day of , 1998. 4 - AMENDMENT TO IGA !-7 City of Forest Grove City Attorney APPROVED AS TO FORM DATED this day of , 1998. Tri-Cities City Attorney Rural Fire Protection District APPROVED AS TO FORM DATED this day of , 1998. Gaston Rural Fire Protection City Attorney District APPROVED AS TO FORM DATED this day of , 1998. Cornelius Rural Fire Protection District DATED this City Attorney APPROVED AS TO FORM day of 51998. Forest Grove Rural Fire Protection District City Attorney APPROVED AS TO FORM 5 - AMENDMENT TO IGA DATED this day of , 1998. City of Banks 6 - AMENDMENT TO IGA City Attorney APPROVED AS TO FORM /9 t' 9 AGENDA ITEM # S S_ FOR AGENDA OF CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Update on Review of Tualatin Valley Community Access Contract and Service Issues PREPARED BY: Elizabeth Ann Newto" )EPT HEAD OK W7i" CITY MGR OK ISSUE BEFORE THE COUNCIL Status report on discussions at the MACC Board regarding Tualatin Valley Community Access (TVCA) Contract and Service Issues STAFF RECOMMENDATION Review information presented by staff and identify additional issues or concerns for consideration by the MACC Board. INFORMATION SUMMARY On January 26, 1999 the City Council approved a resolution granting a cable franchise to TCI, and a resolution approving a change of control from TCI to AT&T. The new cable franchise agreement provides for Public, Educational, and Government (PEG) programming on six channels. Currently, PEG programming is managed by TVCA by a contract that expires June 30, 1999. Several MACC jurisdictions have concerns with PEG programming as administered by TVCA, the cost of that service, and the impact on franchise fees. Councilor Scheckla and I attended a MACC work session on March 3, 1999 where concerns and issues were discussed. Attached are copies of documents submitted to the MACC Board by Tualatin, Tigard, and Hillsboro along with notes of the session. The next MACC Board meeting will be held on March 19 to discuss the information requested from TVCA by the MACC Board. Those items are listed beginning on page 2 of the meeting notes. Councilor Scheckla and I will brief the Council on the discussions of the March 19 MACC Board meeting during the study session. A decision will be made in the next few months on how PEG programming will be delivered to Tigard residents so it is important given the opportunity to provide input during the review process. OTHER ALTERNATIVES CONSIDERED None VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY Not applicable FISCAL NOTE No direct fiscal impact during the review process. The cost of service and impact on franchise fees will be presented at a later date. OcityHide\sum.dot March 3, 1999 MACC RE: TVCA CONTRACT RENEWAL The City of Tualatin desires to gain a better understanding of the relationship to the performance standards and goals as stated in the Cable Access Contract and the proposed operating budget. We would also like to review the needs assessment work done with the franchise renewal process in order to set program priorities. We would request that TVCA staff prepare a chart listing the specific-contract performance standards, TVCA's targeted performance and the approximate budgetary (and staffing FTE's) allocated to each program area. We would also like MACC staff to compare current contract performance standards to the Needs Assessment Work done during the franchise renewal process. appreciate the opportunity to learn more about our access program and to have this discuss on service levels. Sincerely, Tony Weller Tualatin City Councilor ➢ Accounting Practices ➢ Pro~rcaaming I~Ta need fox 10 channels, reduced to 6. How will-TVCA felt those channelsT . ➢ Government Programme What plans does TVCA have to do outreach to governments•to air other m~/events/activities? 1► Nonpmfitllndependcnt Wasn't the initial intent to become inde~de . How is TVCA moving towards Wepen D Cost Efficiency endent of MACC, would it be more cost effective for TVCA If TVCA is not indep to become part of MACC? ➢ Franchise Fee revels chise fee levels (including 0) based on local option. Tigard supports optional flan ➢ Contract Should be opened up to other providers. Should be abetter term than a 15 year Selection pmcess should be decided up front. To; MACC COMMISSIONERS H H N Proem: Tim J. Erwert, City Manager Date: February 26, 1999 MMARY OF CCTV COUNCIL TVCA/PEG ACCESS WORK Re; SU SESSION DISCUSSION At the last MACC meeting, each jurisdiction was asked to meet with their elected and Governme officials to solicit comments about TVCA and the Public, Education,-back at the March nt (PEG) access programs. The charge was to report any 3rd identifi tion of any MACC meeting. These Jurisdictional eS~ as part of the'NCA budget~and contract TVCA/PEG Access issues to be add process. 9 and discussed The Hillsboro City Council held a work a session on February 16, summary list of comments offered by the TVCA/PEG Access. What follows is individual Council members: TVC k Services and PEG Access ing ® Measurement of the Number ofb sh the leve of viewersh'p ~ a~Y P ple availability of mechanisms to esta are watching Access Programming). Knowing this would assist considerably in determining the value of Access to the community. e Comparative Benefit to the Community: Some Councilors were concerned that the community benefit from TVCA services and Access programming may be superoeded by the benefits of spending the same money in other ways, such as police protection. levision ® Benefits of Gable Television Access: : as Another view was demonstrated bythcitizecenblreesPonses to access provides a tremendous ben the Community Needs Assessment report, a survey done during the cable franchise renewal process. There are many users of TVCA for Access programming including multiple j`unm icfionceste °~n-Pd~ groups, nments of theals that use this media as a way to c population. 123 West Main Stree4 Hillsboro, Oregon 97123-3999.503!681.6113 • FAX 503ro81.6232 Metropolitan Area Communications Commission T VCA Work Session Notes March 3, 1999 By Kent 1Layden, facilitator Expectations m Clear process for making future decisions about TVCA • Understand TVCA service and contract issues - next steps e Look at the future of cable access provider - work program - understand other Commissioners' perspectives e Feeling among all communities involved that they get value for their investment e Trust that every community gets a good product • Want to know what the community access needs assessment revealed, and would like a good program description • Want to figure out contract renewal terms - what do"we want? Same or different? Where We Are Today • Money. Jurisdictions, for the most part, are facing budget cuts, Forest Grove just lost its operating levy. Need to make hard monetary decisions among priorities. Makes it hard when constituents see programming they don't understand or don't like. (Forest Grove, Lake Oswego) • Cable access is important, but we are facing funding choices. Trade-offs have to be made in the general fund. Want a conscious, deliberate choice about what we are buying now. (Tualatin, see attachment) • TVCA's support of social service agencies in our area is very important. *(Cornelius) • Government access is important to us, where as local access is not so important. The issue is not so much the dollars, but what we get for the dollars. The value is not there currently for us now - the studio is too far away (like for Sherwood). We would put in more dollars if we could seethe benefit. (Wilsonville) • Want to see the benefits derived from access use. Training is a big issue for us and we're supportive of TVCA. We would probably look favorably at higher levels of funding in that the operational dollars are not going to be sufficient. (Hillsboro, see attachment) • We've always put the franchise fees back into cable, even though it's not mandated. We may want to start looking at how to spend these general fund dollars differently. (Forest Grove?) • For us the franchise fee is a small portion of the general fund. Need to look at the whole . process. (Washington County) • We have to look at the dollars as compared with the benefit - which isn't there for us. As a 55 and over community, we're "making a charitable contribution." (King City) • Council discussion centered on accounting practices, programming issues such as reruns from 1995 and "dead air." Perception that TVCA has increased in staffing while other agencies are downsizing. (Tigard, see attachment) • Although dollars are important to us, this is not a big issue. (Durham) MA CC 313199 Work Session, pg. 3 6. In what ways does TVCA currently publicize its PEG Access programming? How could this service be improved so that viewers are aware of what is on, and when? 7. What were TVCA's priorities during their recent cutbacks in staff and programming? How will these cuts affect TVCA's service levels and their ability to meet the performance standards of the contract? 8. Provide information about how current user fees charged by TVCA could be changed, including details about how those fees could be increased to generate more revenue. 9. In each of the last'three years, how much of'TVCA's budget has been spent for: 1) public, 2) education, and 3) governmental access services? Also include paid staff time (in FTE) devoted to each of these functions. Next Work Session: Friday, March 19th, 8:30 -10:30 AM Kent Layden 1650 SW Highland Parkway Portland, OR 97221 (503) 225-0925 Voice (503) 225-0999 Fax t. Z) Agenda Item No. fL. Meeting of 3-a5,22_ CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Council Goal U date PREPARED BY: Cathv WheatlevDEPT HEAD OK v TY MGR OK ISSUE BEFORE THE COUNCIL Discussion of the progress on the Councils goals. STAFF RECOMMENDATION Review and discuss the attached summary report. INFORMATION SUMMARY Attached are brief summaries of the efforts to date on the stated Council goals for this year (green pages). Also attached are the tasks identified during the last Council goal-setting session with regard to specific activities considered to be part of departmental responsibilities and individual work programs (yellow pages). OTHER ALTERNATIVES CONSIDERED N/A VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY Visioning goals are identified throughout the goals and tasks developed by the City Council. FISCAL NOTES N/A i:\adm\cathy\council\goalsum.doc GOAL A specific new direction Council wants to take or a specific change in past direction, or a specific position the City wants to advocate. lb Gus • Complete the City's transportation improvement program development. Update: March 1999 The Transportation System Plan (TSP) Update Study is nearing completion. During the Council meeting on February 9, 1999, DKS, Inc. presented the transportation system alternatives required to meet the traffic demands for the next 15-20 years. During that meeting, DKS proposed to include the other elements necessary to complete the TSP and devised a citizen involvement process to take it towards completion and adoption. At the March 16, 1999 workshop meeting, potential road bond projects will be presented to City Council for discussion and input. The projects that are finally selected will be part of a Road Bond issue to be placed on the ballot for November 2000. There are currently two task forces being formed. One task force would deal with the TSP completion and adoption. The proposed TSP Public Involvement Process was presented to City Council for discussion and approved during the March 9, 1999 Council meeting. The plan is to complete the process and have the TSP adopted within about a year after initiation of the process. The second task force will focus on determination of the size of bond issue, selection of the final Road Bond projects, then on the citizen process to help sell the projects and the bond issue for the November ballot in the year 2000. Update: Goals & Tasks - Page 1 R) Ed Participate in a study of a recreation district, and, upon completion of the study, determine the City's level of support. Update: March 1999 A Task Force has been formed. The Task Force's first meeting was February 24, 1999. The Task Force will meet on the fourth Wednesday of each month at TTSD Administration Offices at 7:00 p.m. A Request for Proposal (RFP) is being advertised to select a consultant to assist the Task Force. Payment for this expenditure is from the $15,000 allocation approved by City Council. Update: Goals & Tasks - Page 2 Fb Jim Assist the Tigard Central Business District Association to develop a plan for the downtown. Update: March 1999 The Association presented their Downtown Action Plan to Council in February. They are proceeding with a preliminary funding request for assistance from the City to complete' initial work on long-term funding for the Association. Furthermore, they are evaluating how to proceed with long-range planning for the future of the area. The Association will report to Council in coming months. It is anticipated that the Association will be formally filing with the State of Oregon within the next 30 days. The Board formally adopted the following mission statement for the Association: The Mission of the Tigard Central Business District Association is to set the course for the future of the central downtown area that will promote the health and viability of the community and businesses while preserving the unique qualities of downtown Tigard and providing a safe environment for families and individuals to work, live and gather. Update: Goals & Tasks - Page 3 ~b Jim Complete the City master plan for parks. Update: March 1999 City Council approved the Master Plan for Parks on March 9, 1999. Staff will initiate work on the Capital Improvements Plan for Parks in the coming months. This will include asking the CIT's for input. The ten-year implementation or "Capital Improvement Plan" contained in the master plan will be considered for adoption after the county acts on the City's request to be granted the authority to extend the City System Development Charge to new development inside the Urban Services Area. The timeline for county consideration on the City's request is unknown at this time. Next month, a list of projects proposed for fiscal year 1999/2000 will be forwarded to Council as part of the annual budget process, which included extensive, citywide public involvement. Update: Goals & Tasks - Page 4 Fb Ed • Determine the City's long-term water supply. Update: March 1999 Since December 1998, City Council, staff and an Advisory Task Force, and citizens have been reviewing, studying and discussing the two scenarios. The City Council will hear public comment on March 23 and the Task Force recommendation on April 13, 1999. On April 27, the Council is scheduled to vote on a direction for securing a long-term water source. A citizen group is gathering signatures for a Ballot Measure requiring a vote before going to the Willamette River as a source for drinking water. Task Force meeting dates and key meeting topics are listed below: 1. February 18 - Introductory Meeting 2. February 25 - Willamette River Proposal 3. March 4 - Portland Proposal, Comparative Questions 4. March 11 - Citizens for Safe Water Presentation 5. March 18 - Cost Analyzed Options, Further Discussion of Raw Water Monitoring Citizen participation was encouraged through events such as the two water forums. Trips to the Hillsboro and Corvallis plants were conducted. Update: Goals & Tasks - Page 5 I:b Jim ! Establish an annexation policy for the City. Update: March 1999 An update was given to Council on February 16, 1999, on the new annexation procedure. A progress report was given on the annexation work program. Community Development is evaluating resources needed to complete Council's goal of establishing an annexation policy for Tigard. Staff is also evaluating the cost of hiring a consultant to complete portions of this work. Council will be updated in April. Update: Goals & Tasks - Page 6 Fb Bill • Encourage and support private sector programs to rehabilitate housing which will be offered for rent at affordable rents, resulting in a safer environment for the tenants (public safety, fire, life, sanitary). Update: March 1999 Property Maintenance Code (Housing Code) was adopted and becomes effective 5/3/99. This is one component of this goal. Staff will now seek Council direction on the tasks necessary to complete this goal. To date, no progress has been made on this goal. An outline of objectives and activities to achieve the goal will be developed. Staff from Administration, Police and Community Development will brainstorm ideas for encouraging providers of affordable housing to consider Tigard for programs such as 1) acquiring and connecting existing housing into affordable housing units operated by nonprofits, 2) upgrading existing units to be offered at affordable rents while remaining in the ownership of private sector owners, 3) programs to be offered to private and/or nonprofit housing operators which will enhance public safety within the units, or 4) preventing deterioration of existing housing stock. Update: Goals & Tasks - Page 7 [b Bill/Cathy O Determine the level of City support for a program of community events. Update: March 1999 This item is scheduled for Council discussion at the March 16, 1999 workshop session. Staff provided information to Council of its 1997 discussion as well as the recommendations of the Community Character and Quality of Life Visioning Action Planning Committee. Staff requested that Council discuss this goal, determine the parameters of the goal and then direct staff to do the work necessary toward implementing the goal. Update: Goals & Tasks - Page 8 I:b Jim ® Promote inntra-City Tri Met bus routes. Update: March 1999 Staff attended a community workshop sponsored by Tri-Met on February 24, 1999, and commented on the City's desire for better service. Additionally, a meeting with Tri-Met and City staff was held on March 9, 1999. Staff will prepare a written response to follow up on the results of the meeting for Council's direction. This information will also be discussed at the March 23, 1999 Council Study Session. Community Development and Administrative staff have met with representatives of Tri- Met to discuss Tri-Met's three-year service proposal for 1999-2001. At this time, the three-year service proposal is in draft form. Representatives of Tri-Met presented the plan that is focused on short-term gains by enhancing existing service. As a result, the focus is not on additional new routes such as those proposed by Tigard. An exception to this is a tentative proposal to make a new connection between Pacific Highway, using Durham Road, connecting to Upper Booties Ferry Road and on to Tualatin. City staff expressed concern that this three-year proposal did not address Tigard's needs. We asked if alternative programs may be available for Tigard to pursue that could add service connecting the residents of multi-family housing on Bonita Road and Durham Road to job opportunities, shopping, medical needs, and schools. We asked that intra- city bus routes be developed to serve this unmet need. The Tri-Met staff is interested in working with us to explore innovative ways to partner to provide service along the lines that we have discussed. They have encouraged us to prepare and submit a proposal to the new Tri-Met Director. Tri-Met staff followed up from the meeting by contacting us and suggesting that the Tri-Met van pool program could possibly be modified to serve some of the residential areas of Tigard. The details of such a program will be discussed between Tri-Met staff and Tigard staff during the week of March 15. Once City staff receives more complete information regarding the potential use of the van pool program or other programs to suit our needs, staff will make a presentation to Council and seek direction. Update: Goals & Tasks - Page 9 TASK (update - Larch 1999) A specific activity that is part of a department's assigned responsibilities; part of a department or individ'ual's work program. TO BE COMPLETED THIS YEAR Fb Jim Support development of the Washington Square Regional Center Plan. Update: March 1999 Staff continues to work with the Washington Square Task Force. An update will be presented at the March 23, 1999 Council Study Session. Two open houses were held since the study was initiated. The most recent occurred on March 8, 1999, with approximately 80 people attending. The purpose of this open house was to update the public on the progress to date and get input on general land use and transportation issues. Update: Goals & Tasks -Pagel 0 Fb Bill Continue to improve communication within the Council Update: March 1999 During the Council goal setting in December, 1998, Council suggested holding a review of groundrules after Councilor Patton has had an opportunity to participate in several Council meetings. As of the end of March, approximately ten Council meetings will have been held in 1999. A memo has been prepared to Council suggesting that a review of groundrules be held by Council in either April or May. A topic at the groundrule discussion should be whether the groundrules facilitate optimum communication within the Council or should the groundrules be modified in an effort to improve communication. If Council wishes, a facilitator could be brought in for the discussion of groundrules so that issued raised by the Council may be facilitated by an outside participant. I will be asking Council to choose a time and date for the groundrule discussion and whether or not a facilitator should be used In addition, it would helpful if Council members raised individual concerns in advance of the meeting so that staff and, if necessary, a facilitator can prepare for the meeting. Update: Goals & Tasks - Page 11 Fb Cathy ® Expand the use of the City's web page. Update: March 1999 The Web Committee (Nancy Lof of Office Services, Diana Lauterbach of the Library, and Cathy Wheatley of Administration) meets once a month to discuss Web improvements or any problems that have come up. Nancy has begun preparing monthly reports to track Web usage and to highlight new additions. The Library's Web page offers information for Library programs as well as links for reference purposes. Recent additions to the Tigard Website include: *The new Community Development code *A photograph on the Police page of "Tigard's Most Wanted" *Recaps of Council action starting in March 1999 *A link to Kids & Company where residents can register for classes "online" *A page on Y2K which will be updated with information so residents are aware of what the City is doing to become "Y2K ready" *On-line maps In the coming months, we'll look at placing the rest of the TMC on our site, and continue to seek ways for more interactivity. Nancy will attend a class for web design. 1:\AD MCAT H Y\C O U N C I L\G GALS 99. D O C Update: Goals & Tasks - Page 12