City Council Minutes - 07/15/2003 COUNCIL MINUTES
TIGARD CITY COUNCIL MEETING
July 15, 2003
1. WORKSHOP MEETING
1.1 Mayor Griffith called the meeting to order at 6:30 p.m.
1.2 Council Present: Mayor Griffith; Councilors Dirksen, Moore, Sherwood and
Wilson
1.3 Pledge of Allegiance
1.4 Council Communications & Liaison Reports: None
1.5 Call to Council and Staff for Non Agenda Items
➢ Council agreed that City Engineer Duenas could present information
to them about proposed amendments to the Sewer Reimbursement
Program (See the paragraph marked with ">" after Agenda Item
No. 3, beginning on Page 3.)
➢ Council agreed to consider approval of Intergovernmental
Agreement (IGA) to provide for sharing of legal expenses: Rogers
Machinery, Inc. — US Supreme Court Docket 02-750 — Petition
for Writ of Certiorari (See Agenda Item No. 8.1, beginning on
Page 4.)
2. JOINT MEETING WITH THE INTERGOVERNMENTAL WATER BOARD —
UPDATE ON LONG-TERM WATER SUPPLY
IWB Members Norman Penner, Bill Scheiderich and Dick Winn were present.
Public Works Director Ed Wegner presented the update.
Wholesale water contract negotiations continue with most participating agencies
involved. The process has not gone as quickly as outlined in the original timetable.
About a third of the draft contract has been reviewed. Key issues include
nominations of supply; rates and charges; customer withdrawal; curtailment; and
funding and management of the capital improvement projects. Mr. Wegner
reviewed the wholesale buyers' and the City of Portland's objectives to be met in
the contract. The parties are currently meeting on a scheduled basis. Issues
remaining include pricing, minimum purchase, joint funding and management of
the capital improvement projects.
Tigard City Council Meeting Minutes - July 15, 2003 Page 1
For the Joint Water Commission option, a City of Tigard membership proposal has
been drafted and may be ready for approval this fall. It appears that this option
will happen. Mr. Wegner reviewed the proposal, buy-in payment, and proposed
projects schedule.
Mr. Wegner reviewed the status of the Willamette River Water Supply Agency
(WWSA) and its history. Next week Council will consider a request for a new IGA
changing the name of this entity to the Willamette River Water Coalition. Major
elements of the new IGA include:
1 . The new name: Willamette River Water Coalition
2. New general powers and duties statement
3. New membership list (Clackamas River Water has withdrawn )
4. New funding formula
The mission of the coalition is to protect the Willamette River and to protect Tigard's
water rights.
The next joint meeting for Council and the IWB is scheduled for October 21, 2003.
3. POLICY DISCUSSION ON THE BULL MOUNTAIN PUBLIC FACILITIES AND
SERVICES ASSESSMENT REPORT
Community Development Director Jim Hendryx and Long-Range Planning Manager
Barbara Shields presented this item to the Council. The history of the issue and the
growth management factors were reviewed. In addition, the impacts of the options
available to annex all or some of the area were outlined: 1 ) site specific (status quo),
2) target areas, 3) entire area.
After discussion about the pros and cons of the above annexation choices, funding
concerns, and what the County's position is on annexation, the following key points
were made:
• Ask the County Board of Commission at its July 29 meeting with the
Council about their interests and plans with regard to the Bull Mountain
area's possible annexation to Tigard.
• Capital improvement projects could be phased in over a number of years
and prioritized as is the process for addressing capital needs within the City
of Tigard.
• Focus on areas to annex, which appear to want to come into the City,
(may include areas not yet developed).
Tigard City Council Meeting Minutes - July 15, 2003 Page 2
Two new urban growth areas are now adjacent to Tigard. Community Development
Director Hendryx advised that it would not be necessary to annex the Bull Mountain
area before considering annexation of these areas.
> REIMBURSEMENT DISTRICT PROGRAM DISCUSSION
City Engineer Gus Duenas reviewed some proposed amendments to the
reimbursement programs, which were outlined in a handout distributed to the City
Council. These amendments, Mr. Duenas advised, would make the program more
equitable and encourage early connections. The proposed amendments address the
disincentive for larger lot owners to connect their existing houses to sewer with
payment. If the larger lot is subdivided in the future, a reimbursement fee would be
charged at that time. Council supported the proposed amendments. A formal
proposal to consider the amendments will be presented to Council on August 26,
2003.
4. BRIEFING ON RIGHT-OF-WAY MANAGEMENT STUDY
Finance Director Craig Prosser briefed the Council on the Right-of-Way Management
Study. One of the conclusions was that "Tigard may have sufficient regulations
already in place to protect the public health, safety, and welfare with regard to public
rights of way, but there is room for improvement..." Mr. Prosser presented the
significant conclusions of the report and the following recommendations:
1. Increase permit fees to recoup costs.
2. Assess a permit application fee.
3. Require all right-of-way users, including City water, sanitary sewer and
storm sewer, to obtain permits.
4. Increase franchise fee percentages as allowed by state law.
5. Assess a water franchise fee.
6. Automate permit issuance and inspection process.
7. Map permit locations.
8. Investigate adoption of integrated computer system.
9. Adopt procedures to ensure the Street Maintenance Division is
informed in advance of issued permits.
10. Require franchise utilities with blanket permits to pay annual permit fee.
11. Adopt procedures to insure all franchises have consistent language in
significant areas.
12. Ensure that utilities consistently repair street cuts to City standards.
13. Require permit applicants to show proof of contact with the Oregon
Utility Notification Center to verify locations of existing facilities.
14. Create a right-of-way manager position to coordinate City right-of-way
policies and programs.
Tigard City Council Meeting Minutes - July 15, 2003 Page 3
Council members discussed the findings of the study and were in general support.
5. POLICY DISCUSSION ON UPDATING PLANNING FEES
Community Development Director Hendryx presented this item. Staff is seeking
direction from Council on updating planning fees to reflect the cost of processing land
use permits and an option of charging a fee to offset costs for specialized planning
studies. Staff is also seeking direction on an option for charging a fee to offset the
costs of preparing specialized planning studies that are generally funded by grants or
the general fund. After discussion, consensus of Council members was that they were
not adverse to 100% cost recovery for planning services (including the urban
forester's and engineering staff's time), and adjust the timing of review of planning
fees to coincide with the April edition of the Engineering News Record. Also, staff
will look further into the possibility of charging a fee to offset the costs of preparing
specialized planning studies.
6. DISCUSS AGENDA ITEMS FOR THE JULY 29, 2003, MEETING WITH THE
COUNTY BOARD OF COMMISSIONERS
After discussion, Council decided to limit the agenda items it would propose to
discuss with the Board to the Bull Mountain area annexation and the two new areas of
the Urban Growth Boundary adjacent to Tigard.
7. COUNCIL LIAISON REPORTS: None
8. NON-AGENDA ITEMS
8.1 Consider Approval of Intergovernmental Agreement (IGA) to Provide for
Sharing of Legal Expenses: Rogers Machinery, Inc. — US Supreme Court
Docket 02-750 — Petition for Writ of Certiorari
City Manager presented the staff report on this item. The proposed IGA sets
forth the agreement among Washington County Cities to share in the defense
of the Rogers Machinery case. Washington County is coordinating the
payment for the defense of this case.
Motion by Councilor Moore, seconded by Councilor Sherwood, to enter into
the proposed Intergovernmental Agreement with Washington County and
authorize the City Manager to sign.
Tigard City Council Meeting Minutes - July 15, 2003 Page 4
The motion was approved by a unanimous vote of Council present:
Mayor Griffith - Yes
Councilor Dirksen - Yes
Councilor Moore - Yes
Councilor Sherwood - Yes
Councilor Wilson - Yes
9. EXECUTIVE SESSION: Not held
10. AD)OURNMENT: 9:43 p.m.
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Tigard City Council Meeting Minutes - ]uly 15, 2003 Page 5