City Council Minutes - 04/08/2008 Agenda Item No. .3, l G.
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City of Tigard
Tigard Business Meeting — Minutes
TIGARD CITY COUNCIL
LOCAL CONTRACT REVIEW BOARD (LCRB)
CITY CENTER DEVELOPMENT AGENCY(CCDA)
MEETING DATE: April 8, 2008
MEETING LOCATION: City of Tigard —Town Hall, 13125 SW Hall Blvd.,
Tigard, OR 97223
Tack 1
• STUDY SESSION
Mayor Dirksen called the meeting to order at 6:30 p.m.
➢ ADMINISTRATIVE ITEMS
o Council was reminded of the Tigard Council/Intergovernmental Water Board/
Lake Oswego City Council meeting on April 15, 7 p.m. at the City of Lake
Oswego City Hall. There will be no workshop meeting at Tigard Town Hall that
night.
o Councilor Buehner requested the Public Hearing on the Tree Code (Appeal of
the Director's Interpretation) be continued to a later date. Time is available on
May 13 or May 27. City Attorney Ramis advised this hearing was almost
legislative in nature because it would be applicable to future applications. After
discussion, Council members agreed to continue the hearing to May 13, 2008.
o Council was reminded of the Senior Center Ribbon Cutting—Wednesday,April
23, from 11:30 to 12:30. Mayor Dirkse-n plans to attend and Councilor
Sherwood said she would try to attend.
o Council was reminded of the April 29 Council 5`l'Tuesday meeting. The meeting
will be held in the Public Works Water Auditorium, 7-9 p.m. Councilor
Sherwood and Councilor Wilson advised they would attend.
o Council training session with Joe Hertzberg is scheduled for Saturday,May 17
from 9 a.m. — 12 p.m.
Trick 2
➢ JOINT MEETING WITH INTERGOVERNMENTAL WATER BOARD
Intergovemmental Water Board Members present:
Patrick Carroll,Chair and Durham Representative
Gretchen Buchner,Tigard Representative
Sydney Sherwood,Tigard Alternate
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Dick Winn,Vice Chair and King City Representative
Julie Russell,Tigard Water District Representative
Ken Henschel,Tigard Water District Alternate
Bill Scheidetich,Member at Large
Public Works Director Koellerme-ier introduced this item and advised tonight's meeting
will focus on an update on the status of water sources. He referred to an additional
memorandum sent to the City Council last Friday regarding some recent negotiations
with some of Tigard's partners that would allow Tigard to elect to get out of the
Tualatin Basin Water Supply Project with a year's grace period to buy back in if needed.
Public Works Director Koellermeier reviewed a PowerPoint presentation entitled Water
fog• Tonlorrmv. Selecting a Eidure Eater Souire for the Tigard lY/ater Service Awa. This
presentation is on file in the City Recorder's office and outlined:
o Future Water Source Options
o Current Decisions to be Made
o Tualatin Basin Water Supply Project Status Update
o Tualatin Basin Water Supply Project Decision
o Lake Oswego Expansion&Water Partnership Status Update
o Lake Oswego Expansion&Water Partnership Derision
o Willamette River Treatment&Transmission Project Status Update
o Decision Calendar
o Proposed Decision Criteria
o Finished Water Quality
o Taste and Appearance
o Cost Assumptions
o Cost Scenarios
o Cost Summary
o Rate Impact Assumptions
o Rate Impact Scenarios
o Rate Summary
o Rate Impact Summary
o Tigard Water Service Area Population and Water Demand Projections
o Quantity to Meet 2050 Demand Projections
o Next Step...Decisions
Discussion during the PowerPoint presentation included the following points:
• Appears that Tigard will be able to opt out of the Tualatin Basin Water Supply
project for a year. Mayor Dirksen asked if there was anything that could occur
between now and one year that would radically change the course of the Tualatin
Basin Water Supply update. Public Works Director Koellermeier advised the
potential decisions would be tide transfers and if made during City of Tigard's
absence, then the City would likely have to live with that decision.
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• Developing a partnership agreement with Lake Oswego is progressing; no fatal
flaws identified thus far. The decision to consider the final agreement for Tigard
and Lake Oswego is slated for this summer.
• Water rights for the Willamette have been extended and are in the process of being
transferred from the Tualatin Valley Water District to the Willamette River Water
Coalition. In that water right Tigard is identified as the holder of 20 mgd.
Sherwood, as they construct their Willamette transmission line, continues to talk
about an opportunity to participate to upsize some piping that would go from
Wilsonville to Sherwood. The incremental cost to build the next size up is small
and this would give another 20 mgd of capacity.
• The decision calendar was reviewed for the Tigard Water Service Area Source from
now through the end of the year. A copy of the calendar is on file in the City
Recorder's office.
• Continuation of the relationship with the City of Portland with regard to the
purchase of water. Rates are anticipated to increase 15% this year. This was a "true
up"in the 10-year contract which can occur twice—this is the second year.
• The four decision criteria for selection of an option identified by staff are:
o Finished water quality
o Taste and appearance
o Cost and rates
o Quantity: how far into the future will identified sources meet our needs?
• All sources with regard to water quality are essentially equal when working through
the scoring to select a water source.
• Cost assumptions were reviewed.
• A 50-year outlook regarding cost scenarios were reviewed. At 25 years Portland
represents the lowest cost but at the 50-year point, Portland and the Willamette
River option become the most expensive options. Lake Oswego Expansion/
Water Partnership has the lowest 50-year cost.
• During review of the rate impact assumptions,Public Works Director KocEermeir-r
advised these are illustrative since there all kinds of choices that can be made that
-,vill affect the rate. The assumptions were identified to allow us to compare the
source options.
• Rate impact scenarios were reviewed (chart). Using the scenario identified,
Portland will become the source with the most expensive rate by 2032 because of
debt payoff for other options. By 2032, Lake Oswego Expansion/Water
Partnership has the lowest cumulative rate increase. Financing and growth
assumptions can alter rates.
• Water quantity to meet 2050 demand projections (85,000 population) was reviewed.
• The only source that meets our needs 100%, without having to combine with
another source, would be the Willamette River. We would need a combination of
at least two of any of die partnerships to provide 100% of demand needs projected
by 2050. Public Works Director Koellermeier qualified that the Willamette River
numbers presented are somewhat distorted because they were originally generated
on the concept that we would build a full 20 mgd right now without a partner. If
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we go in a partnership mode to the Willamette, we would build this later and
smaller. Therefore,it is difficult model a future Willamette water option because of
the variables.
• The upcoming decisions include:
• Whether to remain in the Tualatin Basin Water Supply Project.
o Whether to execute an IGA which would commit Tigard to the Lake
Oswego Expansion/Water Partnership
Public Works Director Koellermeier advised that the Intergovernmental Water Board
discussed the information lie just presented earlier this evening.
Discussion after the PowerPoint presentation including the following:
• Councilor Wilson asked, at what point in the population projections would we
outgrow the Lake Oswego source? Public Works Director Koellermeier said while
there is no definitive answer, he was comfortable that this would be adequate
through 2032. The growth area is still the Bull Mountain area and how that"plays
out" will affect the adequacy of water sources if supplied by the Tigard system.
Future needs related to growth and usage per capita were discussed. If there should
be excess water,the partnership could sell the water to other jurisdictions.
• Potential growth patterns in this region were explored during the discussion.
• In response to a question from Councilor Wilson, regarding whether we are in
danger of gearing up now with all the sources to find we have too much supply,
Public Works Director Koellermeier said through analysis sponsored by the Water
Consortium, the conclusion is that the region has enough water. The problem is
we need die piping capacity to where it's needed.
• The amount of water available from current sources was discussed. The contract
with the City of Portland was discussed now and into the future and whether this
would be viable long term given the needs Portland will have for their jurisdiction.
• In response to IWB Board Member Russell, Public Works Director Koellermcier
advised the decision will be to select one of the identified options. If the Willamette
option is not selected, we will need to deal with identifying another source in our
future between 2030 and 2050, depending on how growth occurs. At this time,we
can only afford one option.
• There was discussion on events that could impact the assumptions as presented
during the presentation.
• There was discussion about the need to give the Tualatin Basin Partners an answer
regarding whether Tigard will participate in the Hagg Dam Raise project by June 1
as they have requested. Mayor Dirksen suggested we could give them a tentative
answer and let them know our intent. M Board Member Scheiderich suggested
that we wait until after April 22 decision regarding the title transfer of governance,
which would affect Tigard, before we release the Tualatin Basin option. He added
that none of die other partners have yet committed by signing the fourth
amendment. After discussion, Public Works Director Koellermeier suggested that
after the end of this month and before June 1, some of the other partners will be
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starting to make some decisions. Also,staff and the attorneys will have been able to
craft language that would amend the fourth amendment language to allow Tigard to
opt out for a year.
• It is anticipated that the Lake Oswego option will be decided by this summer;
however, it might take longer. Timing considerations were discussed. The Lake
Oswego contract is mutually beneficial and if the decision on the contract is delayed
until after the November elections with a potential change in the majority of the
Lake Oswego City Council, additional time will be needed to educate and bring new
City Council members up to date on the value of a Lake Oswego/Tigard
partnership.
• Mayor Dirksen asked if the City Council and IWB members present were
comfortable with the path "we're on right now." 1WB Chair Carroll asked about
the proposed Lake Oswego/Tigard partnership agreement and in response, City
Attorney Ramis advised that once signed by the current City Council members of
the two cities, the partnership agreement would be binding.
• The consequences of delay on decisions were discussed with regard to the Portland
contract and whether we would need an extension.
Mayor Dirksen announced the Executive Session:
• EXECUTIVE SESSION: The Tigard City Council went into Executive Session at 7:22
p.m. under ORS 192.660(2) (h), to discuss pending litigation with legal counsel.
Executive Session concluded at 7:28 p.m.
1. BUSINESS MEETING
1.1 Mayor Dirksen called the City Council, Local Contract Review Board, and City
Center Development Agency Meeting to order at 7:36:11 PM
1.2 Roll Call
Name Present Absent
Mayor Dirksen ✓
Councilor Buehner ✓
Councilor Sherwood ✓
Councilor Wilson ✓
Councilor Woodruff ✓
1.3 Pledge of Allegiance
1.4 Council Communications & Liaison Reports: Councilor Buehner will give
report at end of agenda
1.5 Call to Council and Staff for Non-Agenda Items: None
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2. PROCLAMATION: ARBOR DAY—APRIL 10,2008
• Mayor Dirksen proclaimed April 20,2008,as Arbor Day.
• The urban forest in Tigard is important to all the citizens in Tigard, noted
Mayor Dirksen. When settlers first carne to the Tigard area about 150 years
ago,many cut down a lot of trees to farm the land. Since Tigard as become less
agricultural and is suburban residential area, the tree canopy has begun to come
back. The City is committed toward restoration of the canopy that once existed
in the area and toward that end the City has become a Tree City USA.
7:4x1:15 PM
3. PRESENT TREE STEWARDSHIP AWARDS
• Assistant Planner Daniels presented the staff report describing the significant
environmental restoration efforts by Costco Corporation and Cascade
Education Corps. A copy of the staff report is on file in the City Recorder's
office. Also present from staff was Associate Planner/Arborist Prager and
Public Works Surface Water Quality/Volunteer Coordinator Staedter.
A PowerPoint slide presentation was reviewed by staff and outlines the
highlights of the information shared with the City Council. This slide
presentation is on file in the City Recorder's office. The Stewardship awards
were presented to representatives from Costco and Cascade Education Corps,
which is a group of Tigard High School students who dedicate their time to
community service based learning and environmental restoration.
• Councilor Wilson recalled he was on the Planning Commission when the
Costco application for development was approved. He noted appreciation of
Costco's efforts to replace the trees and is happy to see attention being given to
qualitative results.
4. CITIZEN COMMUNICATION (Two Minutes or Less,Please)
• Tigard High School Student Envoy Megan Foltz presented an update on
activities by students at Tigard High. A copy of her report is on file in the City
Recorder's office.
7:58:75 1'\r
Tualatin Valley Fire & Rescue Captain Chris Dawson presented the quarterly
report for the Tigard area. He spoke of the groundbreaking celebration
recently held for Fire Station 50 and thanked Mayor Dirksen and Councilor
Buchner for attending this event. He reported on recent activities of the
TVF&R staff. Councilor Sherwood commented on the recent training exercise
that she and Mayor Dirksen participated in and noted she gained new respect
for the professional services provided by TVF&R personnel. Mayor Dirksen
added that TVF&R standards are high and reported the district consistently
tanks in the top 10 among all districts in the United States.
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• Citizen Communication—Sign Up Sheet None
• Follow-up to Previous Citizen Communication
Assistant City Manager Newton advised that follow up information regarding a
previous citizen communication from Mr.John Kearney will be sent to the City
Council in the Friday mail packet.
Mayor Dirksen reviewed the following Consent Agenda items:
5. CONSENT AGENDA:
5.1 Approve City Council Minutes for December 18, 2007, and January 4 and
February 5,2008.
5.2 Receive and File:
a. Council Calendar
b. Tentative Agenda
5.3 Approve Budget Amendment No. 13 to the FY 2008-09 Budget to Increase
Appropriations in the Human Resources Budget within the Policy and
Administration Program to Reflect the Costs Associated with a City-vide
Organizational Assessment—Resolution No. 08-
5.4 Local Contract Review Board
a. Award Contract Amendment for Design Services for Phase 3 (Burnham
Street Improvements) to the Tigard Downtown Comprehensive
Streetscape Project
8:118:-I-I I'M
Motion by Councilor Buchner, seconded by Councilor Wilson, to approve the Consent
Agenda.
The motion was approved by a unanimous vote of City Council present
Mayor Dirksen Yes
Cotindor Buelmer Yes
Councilor Wilson Yes
Councilor Sherwood Yes
6. QUASI-JUDICIAL PUBLIC HEARING — CROSS ANNEXATION (ZCA 2008-
00001)
REQUEST: Annexation of one parcel containing 0.53 acre on SW Beef Bend Road
and right-of-way on SW Beef Bend Road for a total of 1.33 acre into the City of
Tigard. The applicant received land use approval from Washington County on March
20, 2007 to develop the parcel into 3 lots (Washington County Project # L060553).
Because the available storm sewer and water services are widiin the City of Tigard and
maintained by the City, the property must be annexed. The two owners of the subject
parcel have consented to die annexation. The parcel is contiguous to the City on
three sides and the property across the street is in King City. Portions of right-of-way
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that extend beyond the subject parcel's frontage have been included with this proposal
at the City's request. All right-of-way included in this proposal is contiguous to the
City limits.
LOCATION: 12615 SW Beef Bend Road; Washington County Tax Map (WCTM)
2S109DD, Tax Lot 200. Proposed additional right-of-way is located on WCTM
2S109DD and 2S110CB.
COUNTY ZONE: R-6 District (Residential 6 Units Per Acrel. The purpose of
the Washington County R-6 District is to implement the policies of the
Comprehensive Plan for areas designated for residential development at no more
than six (6) units per acre and no less than five (5) units per acre, except as specified
by Section 300-2 or Section 303-6. The intent of the R-6 District is to provide the
opportunity for more flexibility in development than is allowed in the R-5 District.
EQUIVALENT CITY ZONE: R-7: Medium-Density Residential District. The
City of Tigard R-7 zoning district is designed to accommodate attached single-family
homes, detached single-family homes with or without accessory residential units, at a
minimum lot size of 5,000 square feet, and duplexes,at a minimum lot size of 10,000
square feet. Mobile home parks and subdivisions are also permitted outright. Some
civic and institutional uses are also permitted conditionally.
APPLICABLE REVIEW CRITERIA: The approval standards for annexations
are described in Community Development Code Chapters 18.320 and 18.390,
Comprehensive Plan Policies 2 and 10; ORS Chapter 222; and Metro Code Chapter
3.09.
a. Mayor Dirksen opened the public hearing
b. City Attorney Ramis reviewed the procedures for the hearing.
8:12:28 P\I
C. Declarations or Challenges: Mayor Dirksen posed the following questions
and the responses follow each of die questions:
- Do any members of Council wish to report any ex parte contact or
information gained outside the hearing,including any site visits?
Councilor Buchner advised she was familiar with the site and has met the
owners.
- Have all members familiarized themselves with the application? All City
Council members indicated they were familiar with the application.
- Are there any challenges from the audience pertaining to the Council's
jurisdiction to hear this matter or is there a challenge on the participation
of any member of the Council? There were no challenges from the
audience.
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d. Staff Report: Community Development Department
Associate Planner Eng presented the staff report,which is on file in the City
Recorder's office.
In response to a question from Mayor Dirksen,Associate Planner Eng
advised that development,whether it should occur in the City or the County
would be similar with regard to land use requirements. Annexation of right
of way is being recommended because it is near the annexation site.
8:18:26 PM
e. Public Testimony: None
f Staff Recommendation: Approval of ZCA 2008-00001 by adoption of the
proposed ordinance,which included the parcel of land, adjoining right of
way and two additional pieces of right of way on SW Beef Bend Road for a
total of 1.33 acres of land.
g. Mayor Dirksen closed the public hearing.
h. Council Discussion and Consideration: Ordinance No. 08-04
Motion by Councilor Sherwood, seconded by Councilor Buchner, to adopt
Ordinance No. 08-04.
ORDINANCE NO. 08-04—AN ORDINANCE ANNEXING 1.33
ACRES APPROVING THE CROSS ANNEXATION (ZCA2008-00001)
AND WITHDRAWING PROPERTY FROM THE TIGARD WATER
DISTRICT,WASHINGTON COUNTY ENHANCED SHERIFF'S
PATROL DISTRIACT AND WASHINGTON COUNT URBAN ROADS
MAINTENANCE DISTRICT
The motion was approved by a unanimous vote of City Council present:
Mayor Dirksen Yes
Councilor Bueluier Yes
Councilor Wilson Yes
Councilor Shenvood Yes
7. FINALIZE SANITARY SEWER REIMBURSEMENT DISTRICT NO. 44
(CHERRY DRIVE)
a. Mayor Dirksen opened the public hearing.
b. Declarations or Challenges: None
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C. Staff Report: Department City Engineer Duenas presented the staff report;
highlights are contained on the PowerPoint slide presentation which is on file
in the City Recorder's office.
d. Public Testimony: None
C. Staff Recommendation: City Engineer Duenas recommended adoption of
the proposed resolution.
f. Council Discussion:
Mayor Dirksen noted he was pleased to see this project completed and noted
that it had the potential of being a very difficult one. Councilor Wilson
added that early projects in the reimbursement program were easier to
construct. He noted staff is doing a better job of communicating to residents
within reimbursement districts about the program.
g. Mayor Dirksen closed die public hearing.
h. Council Consideration: Resolution No. 08-19
Motion by Councilor Buehner, seconded by Councilor Wilson, to adopt
Resolution No. 08-19.
The motion was approved by a unanimous vote of City Council present:
Mayor Dirksen Yes
Councilor Buchner Yes
Councilor Wilson Yes
Councilor Sherwood Yes
Recess City Council Meeting(Motion by Council)
Convene City Center Development Agency (CCDA)Meeting:
Approximately 8:50 p.m.
• Call City Center Development Agency to Order: Chair Dirksen
• Roll Call: Chair and Board Members of City Center Development Agency
Name Present Absent
Chair Dirksen ✓
Board Member Buchner ✓
Board Member Sherwood ✓
Board Member Wilson ✓
Board Member Woodruff ✓
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8. CONSIDER ADOPTION OF DOWNTOWN IMPLEMENTATION STRATEGY
—FISCAL YEAR 2008-2009
a. Staff Report: Senior Planner Nachbar presented the staff report and PowerPoint
presentation. A copy of the presentation and staff report on are file in the City
Recorder
Comments during the presentation included die following:
- Challenges ahead for land acquisition and how to pay for them in the near
future.
- Metro is supportive and excited to see the downtown plans move forward.
Transit-oriented dollars might be available from Metro.
- Potential development of sites within the area and current status of contacts
with property owners were discussed briefly with regard to their business
plans in the future and to get a sense of whether they are interested in
working with the City.
KSraiu 1'�l
City Center Advisory Commission Chair Alice Ellis Gaut reported on the CCAC
support of the Downtown Implementation Strategy and its recommendation to the
City Center Development Agency for approval.
Discussion followed on
• Potential housing development --what are the trends,what are the needs,
• Market realities that will direct development,
• The need to keep some kind of picture before decision makers and community,
• A commuter gateway project along the track at the station platform would
showcase/advertise events and give neighboring commuters a view of what they
could expect to see in the downtown,
• Public improvements for circulation and amenities to support development,
• Research resources available and how to prepare so resources will be awarded to
the project,
• Communication is essential with downtown businesses and property owners to
promote good relationships and avoid misunderstandings,
• Suggestion for an Ash Street bike/pedestrian crossing, although approvals are often
as difficult as if it were going to be developed as a street(perinissions/safety),
• Absentee landlords represent a challenge,
• A strong relocation program to assist businesses that end up moving is needed.
Motion by Board Member Sherwood, seconded by Board Member Wilson, to adopt
the Fiscal Year 2008-2009 Downtown Implementation Strategy.
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The motion was approved by a unanimous vote of City Center Development Agency
Board Members present:
Chair Di&sen Yes
Board Member Buehner Yes
Board Member Wilson Yes
Board Member Sherwood Yes
City Center Development Agency Meeting adjourned at 9:15:49 PM
The Tigard City Council meeting reconvened.
9. COUNCIL LIAISON REPORTS
Councilor Buchner reported on Monday's meeting regarding the urban reserves. She noted
their were only eight representatives: five from cities and three County commissioners.
Mayor Dirksen reported there was a scheduling conflict with this meeting and a
Washington County Coordinating Committee meeting.
There were two issues on the urban reserves meeting agenda:
1. Adopting the bylaws for the process. Commissioner Brian recommended that the
group should add a voting member from die rural interests and also from special
districts, i.e., Clean Water Services. Councilor Buchner said she commented that
the County Commissioners are the leadership of Clean Water Services. There was
an amendment proposed to make CWS ex-officio members, which failed on a 4-4
tie vote. The Bylaws were approved as proposed by Chair Brian on a 5-3 vote,with
Mayor Drake voting with the Commissioners. This means that CWS will be voting
member and there will also be a rural representative voting member.
2. There was a presentation by the Metro Council representative from Clackamas
County on the performance-based growth management principles. Councilor
Buchner noted die theory was good but she did not see how this would address the
residential and employment areas were separate.
Councilor Buchner noted there was a comment that they were very impressed how
Tigard is handling its downtown with more density. There were some concerns
from some smaller cities that they do not want to have more density in their
downtown areas.
As each City goes through it periodic review, Metro will take the results and include
these in the modeling for the guiding principles.
10. NON-AGENDA ITEMS: None
11. EXECUTIVE SESSION: Not held.
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9:211A P\I
12. ADJOURNMENT
Motion by Councilor Wilson, seconded by Councilor Sherwood, to adjourn.
The motion was approved by a unanimous vote of City Council present:
Mayor Dirksen Yes
Councilor Bueluier Yes
Councilor Wilson Yes
Councilor Sherwood Yes
Catherine Wheatley, City Recorder
Attest:
Mayor, ity of Tigard /
Date: 7 , ?- (.)
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