City Council Minutes - 01/27/2009 Agenda Item No. --
Meeting of
City of Tigard
Tigard Business Meetin Minutes
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TIGARD CITY COUNCIL
LOCAL CONTRACT REVIEW BOARD(LCRB)
MEETING DATE/TIME: January 27, 2009 — 6:30 pm Study Session; 7:30 p.m. Business Meeting
MEETING LOCATION: City of Tigard— Town Hall, 13125 SW Hall Blvd., Tigard, OR 97223
Name Present Absent
Mayor Dirksen ✓
Council President Wilson ✓
Councilor Buehner ✓
Councilor Henderson ✓
Councilor Sherwood ✓
EXECUTIVE SESSION: The Tigard City Council will go into Executive Session at 6:33 p.m. under ORS 192.660
(2) (d) to discuss labor negotiations.
Executive Session concluded and the Study Session began at 6:51 p.m.
• STUDY SESSION
Expectations for Future Service Area— Community Development Department
Council members reviewed a draft letter to Washington County Board of Conin issioners Chair Tom Brian
regarding the request that Washington County cities present their aspirations for future growth. City Council
made several changes to the letter, a copy of the draft letter is on file in the City Recorder's office. During the
discussion,the City Council decided it wanted to convey that the City of Tigard would expect to step up to its
responsibility to provide municipal governance to new urban reserve areas. Tigard also expects that
development should occur within cities for the well being of future citizens and the region as a whole. The City
Council also stressed that decisions to be a municipal service provider are not Tigard's alone. Such decisions
must be coordinated with the other cities of southeast Washington County and the County itself.
Discuss Home Builders Association Request— Community Development Department
City Council reviewed Mayor Dirksen's draft letter of response to the Home Builder's Association request for
assistance to help their industry weather the bad economy. Staff and City Council discussed the situation and
what some other cities have done in response to this request. After discussion,City Council concurred that the
draft response from the Mayor was appropriate. A copy of this draft letter is on file in the City Recorder's
office.
The following administrative items were reviewed:
o There will be no report from the Tigard Chamber of Commerce this month.
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o The Twality Middle School Lego Robotics Presentation was cancelled.
o Item No. 3.8 was removed from the Consent Agenda by staff. The cost of the signs was reduced
through work being done in-house and material cost savings so the purchase no longer requires LCRB
approval.
o Item No. 4—Legislative Public Hearing—Street Maintenance Fee Amendment was postponed until
further notice. Councilor Henderson inquired how the Street Maintenance Fee was removed from the
agenda. City Manager Prosser and Mayor Dirksen explained it was removed because of the additional
information requested by the City Council at the last meeting.
o Agenda Item No. 7 —Council received a copy of a fax from the Oregon Department of Land
Conservation and Development—Revised DLCD Comment Letter
o Agenda Item No. 8—Council received information from Lisa Olson regarding WES Week activities.
1. BUSINESS MEETING
1.1 Mayor Dirksen called the meeting to order at 7:31:27 PM
1.2 Roll Call
Name Present Absent
Mayor Dirksen ✓
Council President Wilson ✓
Councilor Buchner ✓
Councilor Henderson ✓
Councilor Sherwood ✓
1.3 Pledge of Allegiance
1.4 Council Communications&Liaison Reports
1.5 Call to Council and Staff for Non-Agenda Items
Mayor Dirksen reported he recently met with Lake Oswego Mayor Hoffman. Mayor Hoffman
expressed an interest in a joint meeting with the City of Tigard,which would include a short tour to
view Tigard projects. Staff will coordinate setting a date for this meeting.
7:34:56 PM
2. CITIZEN COMMUNICATION
• Follow-up to Previous Citizen Communication
• Citizen Sign Up Sheet
o John Frewing, 7110 SW Lola Lane,Tigard, Oregon commented on the Street Maintenance Fee
and the postponed hearing and said he was concerned that this is not going forward. He said
raising fees is not fun; but we need to maintain our streets. It is also short-sighted if sidewalks
and pedestrian-bike features are not maintained. When the concept of the street maintenance
fee was first raised, sidewalk maintenance was in the concept, but was taken out at the
recommendation from the Oregon Grocery Association. In the Comprehensive Plan Periodic
Review document,which is on tonight's agenda, there is a strong statement that the City is
making it a priority to reduce "VMT" (Vehicle Miles Traveled). Mr. Frewing said it was hard for
him to see how VMT is going to be reduced without getting people out of cars. This would
mean maintaining sidewalks and bicycle facilities.
Mayor Dirksen advised the Street Maintenance Fee public hearing was postponed to make sure
that the information that City Council requested would be prepared and presented properly.
• Twality Middle School Lego League Robotics Presentation (presentation was canceled)
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7:39:00 PM
Mayor Dirksen reviewed the Consent Agenda items:
3. CONSENT AGENDA: (Tigard City Council and Local Contract Review Board)
3.1 Approve Council Minutes for November 18 and 25 and December 9 and 16,2008
3.2 Reconstitute the Transportation Financing Strategies Task Force--Resolution No.09-01
A RESOLUTION TO RECONSTITUTE THE TRANSPORTATION FINANCING STRATEGIES TASK
FORCE TO EXPLORE.FEASIBLE FUNDING STRATEGIES FOR MAJOR TRANSPORTATION
IMPROVEMENTS,CONSTRUCTION AND MAINTENANCE OF SIDEWALI4S,AND
MAINTENANCE AND OPERATION OF THE CITY'S STREETS,SIGNAL LIGHT AND TRAFFIC
SIGNAL SYSTEMS,PRESENT FINDINGS,PROVIDE RECOMMENDATIONS TO CITY COUNCIL
ON THOSE STRATEGIES THAT SHOULD BE FURTHER PURSUED,AND ASSIST IN THE
DEVELOPMENT AND IMPLEMENTATION OF THOSE STRATEGIES
3.3 Appoint Committee for Citizen Involvement At-large Members-Resolution No.09-02
A RESOLUTION APPOINTING PATRICIA ANDA,GARY JELINEK,CONNIE RAMAEKERS,AND
JOHN HARRIS TO THE COMMITTEE FOR CITIZEN INVOLVEMENT
3.4 Approve Intergovernmental Agreement with University of Oregon for Highway 99W Land Use and Urban
Design Vision Project—Resolution No.09-03
A RESOLUTION AUTHORIZING THE CITY MANAGER TO SIGN AN INTERGOVERNMENTAL
AGREEMENT WITH THE UNIVERSITY OF OREGON TO PERFORM HIGHWAY 99W LAND USE
AND URBAN DESIGN VISION PROJECT SERVICES
3.5 Authorize City Manager to Sign Dedication Deed and Easement Documents for Woodard Property
Acquisition,Including Expenditures for the Acquisition
3.6 Approve Budget Amendment#09-08 Recognizing Revenue in the Amount of$16,400 from a Homeland
Security Grant and Appropriate Funds in the Police Department—Resolution No.09-04
A RESOLUTION TO APPROVE BUDGET AMENDMENT#09-08 RECOGNIZING REVENUE IN
THE AMOUNT OF$16,400 FROM A HOMELAND SECURITY GRANT AND APPROPRIATE FUNDS
IN THE POLICE DEPARTMENT
3.7 Approve Grant Application to the International City-County Management Association(ICMA)
in the amount of$49,900 to provide access to and training in new technologies to residents --
Resolution No.09-05
A RESOLUTION OF THE TIGARD CITY COUNCIL AUTHORIZING SUBMISSION OF A GRANT
APPLICATION TO ICMA FOR A PUBLIC LIBRARY INNOVATION GRANT TO PROVIDE
OUTREACH TO TIGARD RESIDENTS THROUGH A MOBILE MEDIA LAPTOP LAB AND
DELEGATING AUTHORITY TO THE CITY MANAGER TO SIGN THE APPLICATION.
Item No. 3.8 removed from the ConsentAgenda by staff. The cost of the signs was reduced through work being done in-house and material cost
savings so the purchase no longer requires LCRB approval.
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Motion by Council President Wilson, seconded by Councilor Buchner,to approve the Consent Agenda.
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The motion was approved by a unanimous vote of City Council present.
Mayor Dirksen Yes
Council President Wilson Yes
Councilor Buehner Yes
Councilor Henderson Yes
Councilor Sherwood Yes
The Public Hearing for Agenda Item No. 4—Street Maintenance Fee Amendment has been postponed until further
notice.
4. L4�GISLATAIEPU-Bl=!C-.14E-ART��4G
AND v EPOIR r
7:41:54 PM
5. PUBLIC HEARING-FINALIZE SANITARY SEWER REIMBURSEMENT DISTRICT NO. 41
(SW 97TH AVENUE)
a. Mayor Dirksen opened the public hearing.
b. Declarations or Challenges: None.
C. Staff Report: City Engineer Duenas presented the staff report. A copy of the PowerPoint presentation
highlighting key elements of the presentation is on file in the City Recorder's office.
d. Public Testimony: None
e. Staff Recommendation: City Engineer Duenas recommended that the City Council adopt the proposed
resolution.
f. Council Discussion
Mayor Dirksen noted he was very pleased with the outcome and the cost of this district.
g. Mayor Dirksen closed the public hearing. 7:47:42 PM
h. Council Consideration: Resolution No. 09-06
Motion by Council President Wilson, seconded by Councilor Sherwood,to adopt Resolution No. 09-
06.
RESOLUTION NO. 09-06 -RESOLUTION FINALIZING SANITARY REIMBURSEMENT
DISTRICT NO. 41 (SW 97TH AVENUE) AND AMENDING THE PRELIMINARY CITY
ENGINEER'S REPORT CONTAINED IN RESOLUTION NO. 08-36.
The motion was approved by a unanimous vote of City Council present.
Mayor Dirksen Yes
Council President Wilson Yes
Councilor Buehner Yes
Councilor Henderson Yes
Councilor Sherwood Yes
6. APPROVE HERITAGE TREE NOMINATION
Associate Planner/Arborist Prager presented the staff report and showed a photograph of the Oregon white
oak tree nominated for Heritage Tree status. A copy of the photo is on file in the City Recorder's office. A
copy of the staff report is on file in the City Recorder's office.
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Council discussed the heritage tree process and noted agreement with establishing this particular tree as a
heritage tree.
Motion by Councilor Sherwood, seconded by Councilor Buchner,to approve the Heritage Tree status for the
Oregon white oak tree at 11625 SW Pacific Highway(White Oak Village Subdivision).
The motion was approved by a unanimous vote of City Council present.
Mayor Dirksen Yes
Council President Wilson Yes
Councilor Buehner Yes
Councilor Henderson Yes
Councilor Sherwood Yes
7:53:13 PM
7. PERIODIC REVIEW EVALUATION AND WORK PROGRAM
Senior Planner Wyss presented the staff report,which is on file in the City Recorder's office.
City Council discussed the staff proposal with regard to the submittal of the Periodic Review Evaluation and
Work Program to the Oregon Department of Land Conservation and Development. City Council members
asked questions for clarification. 8:04:14 PM Council President Wilson asked a question regarding the ASR
well plumes noting they were larger than what he realized. If DEQ was concerned about groundwater getting
into the stored water,Council President Wilson wondered about the depth of the water. He asked if there was
also a concern about the stored water being in a mountain and possibly springing out. Senior Planner Wyss
replied that he did not know the specifics,but he believed the testing for the ASR wells addressed those issues.
The issue DEQ and the Department of Human Services is that we have identified the service area for our wells
but not for the ASR wells. These agencies want the City of Tigard to update its map to include the ASR wells
and identify protection strategies to keep contamination from entering the ground water. Council President
Wilson said he was wondering what kind of protections are being talked about. City Manager Prosser advised
that he would ask Public Works Director Koellermeier to put together some information on the ASR wells and,
if needed, this can be scheduled for a City Council briefing. Councilor Buchner noted this has been discussed
at the Intergovernmental Water Board. She advised Bull Mountain has numerous artesian springs and DLCD
wants to know how the ASR wells affects the springs.
8:07:49 PM
Mayor Dirksen referred to the favorable comments received from other agencies regarding the proposed work
program. He talked about the future issues to be addressed,including greenhouse gas emissions and reduction
of the carbon footprint.
Public comment:
8:10:02 PM
Mr.John Frewing,7110 SW Lola Lane Tigard commented:
• Additional staff work is needed before the Work Program is sent to the State.
• Staff should be asked to update and extend the resource document that supports the Comprehensive Plan.
In 1983,there was a detailed resource document;the current Comprehensive Plan is not as detailed. A lot
of technical information in needed in the resource document to serve as a baseline for future changes and
developments. As examples,information is needed on flooding outside the 100-year floodplain,and maps
should be provided on vegetated areas areas now and locations of known mitigation sites. A number of
public facilities are not documented. (For example: parks and trails.)
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• One of the State's concerns about the periodic updates relates to the types of unanticipated changes that
have occurred in recent years. (For example: the Washington Square development being approved,but the
infrastructure has not been provided.)
• There should be air quality baseline information.
• The State is interested in making sure that the Comprehensive Plan and City regulations are done in
coordination with a variety of other agencies. The work plan ought to identify this coordination work.
• Another area needing more work relates to vehicle miles traveled. He referred to DLCD's request for
targets for trip reduction. This should be added to the work plan.
• Process should be reviewed. He referred to interaction of citizens and developers and the need for the
process to be improved.
• Water service provided by the Tualatin Valley Water District should be reviewed.
• DEQ asked for additional wetland planning. Baseline information is needed.
• Assurances regarding ASR well water and protection from contamination in the future.
• Financial planning should accompany the Comprehensive Plan.
8:21:33 PM
Mayor Dirksen asked Senior Planner Wyss to address the issues brought forward by Mr. Frewing:
• Bolstering the data in the 2001 Resource Document—The data was reviewed by the Planning
Commission and the City Council and was found to be sufficient at the time to move forward with the
Comprehensive Plan update. Some new data will be supplied during the Economic Opportunities
Analysis,Transportation System Plan update, and the Public Facility Plan update. These are key
documents for future zone changes and implementing the City's vision.
• Coordination issues—Several policies were included in update of the Comprehensive Plan relating to
invasive species. This could always be looked into outside of periodic review.
• Vehicle miles traveled and target reductions—This can be addressed during the Transportation System
Plan update. A target reduction could be added if the consultant feels that this is a necessary activity to
complete. It was not identified in the scope of work; however, this could be investigated. Mayor
Dirksen added this might be a policy discussion by City Council as to whether something like this
should be included.
• Inviting citizens to preapplication conferences—This has been discussed with Mr. Frewing several times
before.
• Tualatin Valley Water District—The City of Tigard is updating the Water System Master Plan at this
time;interties with other water agencies will be addressed.
• DEQ Wetland Planning—The City of Tigard maintains a local wetland inventory and when a wetland is
mitigated or delineated,we receive a copy from the Division of State Lands,which is added to the
wetland inventory.
• Groundwater and ASR protection—The wellhead protection plan is a voluntary program administered
by the Department of Human Services and DEQ. These agencies outline how to produce a wellhead
protection plan. The City will follow their recommendations about how to go about any drinking water
Protections.
• Financing plan for the Comprehensive Plan—This would be a decision by the City Council. City
Manager Prosser advised that when the City Council adopted its goals this year, the goals to be
completed within five years included adoption of a citywide financial strategy. This is on the work plan
for 2010.
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8:26:07 PM
Mayor Dirksen summarized that the task before the City Council is to consider the periodic review
evaluation and work program. Is the City Council satisfied with the documents as they have been
presented.
8:26:43 PM
Council President Wilson, in response to Mr. Frewing's comments,noted that Mr. Frewing has said before
that he has been somewhat frustrated by the Comprehensive Plan process. Council President Wilson said
he understood that the periodic process is not to redo anything the City has just completed in the
Comprehensive Plan. Council President Wilson said the City is required by law to ensure that our
Comprehensive Plan complies with State law. Senior Planner Wyss confirmed this for Council President
Wilson. If there are other things that anyone would like to address, this can be done at any time.
8:28:13 PM
Council President Wilson said with regard to the Washington Square Regional Center, he doesn't know
where $200,000,000 can be found. He said he was in favor of the work plan as presented and is pleased that
it is relatively light because of what has already been done.
Motion by Council President Wilson, seconded by Councilor Buchner, to accept the periodic review process
as proposed.
Councilor Buchner referred to her experience in the land use industry and said she thinks there is a
misunderstanding by people regarding the DLCD role. Their role is to provide rules for minimum
compliance and not for compliance with a community's aspirations. She acknowledged that many of the
items brought forward by Mr. Frewing are great ideas;however, they are not part of what is required in this
process. The City has spent a lot of time developing a wonderful Comprehensive Plan. This is not the time
to reopen the process since this is not the role of periodic review.
The motion was approved by a unanimous vote of City Council present.
Mayor Dirksen Yes
Council President Wilson Yes
Councilor Buchner Yes
Councilor Henderson Yes
Councilor Sherwood Yes
8:30:35 PM
8. UPDATE ON WES WEEK SCHEDULE AND EVENTS
Ms. Lisa Olson presented information on the WES Week Schedule and Events. Copies of background
information for this update are on file in the City Recorder's office.
8:48:56 PM
9. FOURTH QUARTER GOAL UPDATE
Assistant City Manager Newton reviewed the report submitted to the City Council,which is on file in the City
Recorder's office. The 2009 City Council goals are now published on the City website.
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10. COUNCIL LIAISON REPORTS
8:55:30 PM
Councilor Sherwood announced the third annual Project Homeless Connect at Sunrise Church in Millsboro,on
January28, 10 a.m - 6 p.m.. This will be an opportunityfor homeless people to receive resources;i.e.,glasses,
haircuts, and food. The hope is to connect with some of these individuals so they can get into housing. This is
the same week that there is a"One-Night Homeless Count." Anyone is welcome to attend.
8:55:17 PM
11. ADJOURNMENT
Motion by Council President Wilson,seconded by Councilor Sherwood,to adjourn the meeting.
The motion was approved by a unanimous vote of City Council present.
Mayor Dirksen Yes
Council President Wilson Yes
Councilor Buchner Yes
Councilor Henderson Yes
Councilor Sherwood Yes
ru
Catherine Wheatley, City Recorder
Attest:
Co cil President,City of Tigard
Date:
I:\ADM\CATHY\CCM\2009\090127 final.doc
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