City Council Minutes - 11/23/2010 - City of Tigard
• Tigard Business' Meeting — Minutes
TIGARD CITY COUNCIL
MEETING DATE AND November 23, 2010 - 6:30 p.m. Study Session; 7:30 p.m. Business
TIME: Meeting
MEETING LOCATION: City of Tigard -Town Hall - 13125 SW Hall Blvd.,Tigard, OR
97223
Council President Wilson called the meeting to order at 6:30 p.m.
Name Present Absent
Mayor Dirksen ✓
Council President Wilson ✓
Councilor Buehner ✓
Councilor Henderson ✓
Councilor Webb ✓
Staff Present: City Manager Prosser, Community Development Director Bunch, Public Works
Director Koellermeier, Assistant Community Development Director Hartnett, Parks Manager Martin,
City Attorney Bennett, City Recorder Wheatley
Also Present: Councilor-elect Woodard
Council President Wilson announced the City Council would be going into Executive Session:
• EXECUTIVE SESSION: The Tigard City Council went into Executive Session at 6:30 p.m.
to discuss real property transaction negotiations and consultation with legal counsel
concerning current and pending litigation under ORS 192.660(2) (e) and (h). All discussions
are confidential and those present may disclose nothing from the Session. Representatives of
the news media are allowed to attend Executive Sessions, as provided by ORS 192.660(4),
but must not disclose any information discussed. No Executive Session may be held for the
purpose of taking any final action or making any final decision. Executive Sessions are closed
to the public.
Executive Session concluded: 6:57 p.m.
TIGARD CITY COUNCIL MEETING MINUTES —November 23, 2010
City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 1 503-639-4171 1 www.dgard-or.gov I Page 1 of 19
• STUDY SESSION
A. Receive Briefing on Proposed Citizen Involvement Committee Structure for High-
Capacity Transit Land Use Plan
Associate Planner Daniels presented the staff report. A copy of the key facts and a summary
are on file with the City Council packet materials.
After reviewing the information presented City Council agreed with staff recommendation
that staff return with a resolution authorizing the establishment of the project citizen
advisory committee (CAC), approving the associated purpose and charge statement,
establishing meeting protocol, and designating the Tigard Transportation Advisory
Committee (TTAC) as the CAC.
B. Briefing on the Requirements to Obtain Outside Funding for the Acquisition of the
Summer Creek Property- Phase 1
Parks Manager Martin presented the staff report. A copy of the key facts and a summary are
on file with the City Council packet materials.
Parks Manager Martin reviewed funding sources and the requirements to obtain outside
funding for the acquisition of the Summer Creek Property—Phase 1.
A resolution is scheduled on the business portion of this agenda for City Council
consideration to authorize the City Manager to execute documents related to securing
donations and grant funding for the acquisition of Summer Creek Property—Phase 1.
C. Administrative Items
• Council Calendar-
o November 25 and 26 -Thanksgiving Holiday, City Iall Offices Closed
o December 7, Noon-Team Building -Walnut Street Fire Station
o December 14, 6:30 p.m. - Business Meeting - RRCCR and Town Hall
o December 21, 6:30 p.m. - Workshop Meeting-Town Hall
o December 24, Christmas Holiday Observed, City Hall Closed
o December 28, 6:30 p.m. - Business Meeting - RRCCR and Town Hall
o December 30,Noon - Goal Setting Meeting,Walnut Street Fire Station
Study Session concluded at 7:21 p.m.
TIGARD CITY COUNCIL MEETING MINUTES —November 23, 2010
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1. BUSINESS MEETING
a
A Council President Wilson called the meeting to order at 7:30 p.m.
B. Roll Call:
Name Present Absent
Mayor Dirksen ✓
Council President Wilson ✓
Councilor Buehner ✓
Councilor Henderson ✓
Councilor Webb ✓
C. Pledge of Allegiance
D. Council Communications & Liaison Reports ?A None
E. Call to Council and Staff for Non-Agenda Items 09,
City Manager Prosser advised there would be Non-Agenda Items,including the RFP
for City Attorney services and acquisition of the Sunrise property (parks). See Agenda
Item No. 10.
IR A
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2. CITIZEN COMMUNICATION
A. Follow-up to Previous Citizen Communications: None
B. Tigard High School Student Envoy Tracie Tran presented an update on Tigard High
School activities. A copy of her written report is on file with the packet meeting
materials.
C. Citizen Communication—Sign Up Sheet: None
J Council President Wilson reviewed the Consent Agenda:
3. CONSENT AGENDA: (Tigard City Council)
A. Consider Resolution Amending /Citizen Involvement Structure and Appointing
Planning Commission to Seine as the State-Required Committee for Citizen
Involvement on Land Use Matters
RESOLUTION NO: 10-62 -A RESOLUTION AMENDING THE CITY'S CITIZEN
INVOLVEMENT STRUCTURE AND APPOINTING THE PLANNING
TIGARD CITY COUNCIL MEETING MINUTES — November 23, 2010
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COMMISSION TO SERVE AS THE STATE REQUIRED COMMITTEE FOR
CITIZEN INVOLVEMENT
Council President Wilson noted that a concern has been raised about this agenda item.
While no public hearing was scheduled, he said he would entertain comments from
anyone present regarding the proposed resolution.
John Frewing, 7110 SW Lola Lane,Tigard, Oregon, said he is concerned that this action
takes away the opportunity for citizen input. It appears to be a step closer towards a
concept of a CP04T. I Ie said this disturbs him because he thinks CP04M, consisting
of Metzger and portions of the City of Tigard, has irregular boundaries. By creating a
4T, the citizens will be unable to plan effectively. The Intergovernmental Agreement
between Tigard and Washington County regarding the Metzger area says that Tigard will
consider the Metzger area in its plamnung actions and the County will consider Tigard in
its planning actions in the Metzger area. He added that making the Planning
Commission the CCI is adverse to Metzger area residents.
LEM
J.
Jim Long, 10730 SW 72nd Avenue, Tigard, Oregon said he was present to speak as a
citizen of Tigard and he is also the Chau of CP04M. CP04M looks at land use actions
and plans each month. Within the boundary of CP04M, more residents live in Tigard
than in Metzger or other areas. He said the Planning Commission members are
appointed. Citizen communications is organic and spontaneous. People need to feel
that they have the power to do things. The CPO tries to empower people so they can
participate. The CPO talks about a number of other issues besides land use. I Ie
described his concerns with the Planning Commission's appoint as the CCI. He
supports efforts to increase citizen participation and hoped the City will have a good way
to evaluate how this proposal is working if implemented. He said CPO will continue to
look at land use issues and bring their input to the City of Tigard.
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Assistant Connmunity Development Director Hartnett followed up to the testimony just
offered. She reminded the City Council that the action before the City Council is a
follow up to the discussion held in June 2010. At that time a proposal was brought
before the City Council jointly from the CommunityDevelopment Department and
Administration. This is the three-pronged approach proposed, which was in response to
budget cuts that were taken earlier this year. It is staff's effort to continue to have robust
citizen involvement in Tigard while making sure we are using volunteers' time wisely and
asking them to be involved appropriately. There is a state requirement for a citizen
involvement committee to oversee land use decisions (part of State Goal 1). This
requirement is also repeated in the City of Tigard's Comprehensive Plan in more broad
terms. The Comprehensive Plan not only talks about land use decisions, it also talks
about projects and programs that go well beyond land use.
TIGARD CITY COUNCIL MEETING MINUTES — November 23, 2010
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In the past Tigard has relied on a single committee,which was also called the Committee
for Citizen Involvement. While it had the same name,it was not necessarily intended to
mean exactly the same thing. The Committee for Citizen Involvement had the
responsibility of all three of the Comprehensive Plan goal statements,which include
making recommendations to the City regarding ways to engage the public in City issues,
projects, and land use processes; help implement and develop a public information and
citizen involvement program applicable to a wide range of issues and support the
enhancement of Tigard's overall level and quality of civic engagement by promoting
meaningful citizen fin,olvement in City government.
The proposal brought to the City Council in June received concurrence from the City
Council to move forward. In that proposal, the assignment of citizen involvement was
spread among all of the citizen advisory boards and commissions for the topic area for
which they have responsibility. Because the Planning Commission deals with land use
matters,would fulfill the state requirement for citizen involvement for land use
decisions. The proposed resolution would make these changes for the Planning
Commission and have the other Boards and Committees amend thew-bylaws to reflect
their responsibility for public involvement. The current committee for citizen
involvement would be transformed and its focus would be on the neighborhood
network program.
Councilor Henderson asked if the CCI function within the Planning Commission will be
conducted as part of the Planning Commission meeting or will it be held separately.
Assistant Community Development Director Hartnett said it would become part of the
responsibilities of the Planning Commission inn their role. It would be shown as a
specific agenda item,if staff was bringing to them a public involvement plan for a land
use related matter.
Assistant Community Development Director Hartnett referred to the question of how
the City Council would monitor the effectiveness of the citizen involvement. This
responsibility will be listed in the charges for the various committees and it will become
part of the requirements for the Plantnung Commission to report to the City Council in
their joint annual meeting regarding how their CCI role is being met. This is a state
requirement and this was called out ui the letter attached to the proposed resolution.
Councilor Buehner said this would appear to provide better oversight since the City
Council regularly meets with the Planning Commission.
Council President Wilson commented that he does not have any concerns.
Assistant CommunityDevelopment Director Hartnett advised that the staff routinely (as
part of public and citizen involvement on land use processes) involves the CPOs. This
would not change with adoption of the proposed resolution.
TIGARD CITY COUNCIL MEETING MINUTES — November 23, 2010
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Motion by Councilor Webb, seconded by Councilor Buehner, to approve the Consent
Agenda.
The motion passed by a unanimous vote of City Council present:
Mayor Dirksen .Absent
Council President Wilson Yes
Councilor Buehner Yes
Councilor Henderson Yes
Councilor Webb Yes
Councilor Buehner said she has served as the CPO Chair in the past and she is sensitive to
this issue of public involvement in all phases.
09,
4. PRESENTATION OF LIFESAVING AWARDS
Police Chief Al Orr presented lifesaving awards Police Officer George Hicks (Tigard PD),
Officer Brian Jackson (Tigard PD) and Officer Michael Rowe (Beaverton PD) for
preventing a suicidal male from jumping off the Hall Boulevard overpass of Highway 217 on
July 14, 2010.
5. INFORMATIONAL PUBLIC HEARING - CONSIDER A RESOLUTION FINALIZING
SANITARY SEWER REIMBURSEMENT DISTRICT NO. 48 - LOWER SW CHERRY
DRIVE
• Council President Wilson opened the public hearing.
• City Engineer Kyle presented the staff report. A copy of the key facts and a summary are on
file with the City Council packet materials.
•
Staff Report: Public Works Department
• Public Testimony: None
• City Engineer Kyle advised the staff recommendation is for City Council approval of report
and draft resolution
• Motion by Councilor Webb, seconded by Councilor Buehner, to approve Resolution No.
10-63.
TIGARD CITY COUNCIL MEETING MINUTES —November 23, 2010
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RESOLUTION NO. 10-63 -A RESOLUTION FINALIZING SANITARY SEWER
REIMBURSEMENT DISTRICT NO. 48 (LOWER SW CIERRY DRIVE) AND
AMENDING THE PRELIMINARY CITY ENGINEER'S REPORT CONTAINED IN
RESOLU"PION NO. 10-37
The motion passed by a unanimous vote of City Council present:
Mavor Dirksen Absent
Council President Wilson Yes
Councilor Buehner Yes
Councilor Henderson Yes
Councilor Webb Yes
6. REOPEN LEGISLATIVE PUBLIC IEARING FROM OCTOBER 12, 2010 (CPA2010-
00001) TO ADOPT TIGARD 2035 TRANSPORTATION SYSTEM PLAN UPDATE
• Council President Wilson reopened the Legislative Public Hearing from October 12, 2010.
• Hearing Procedure: Attorney Bennett reviewed the hearing procedures. Public testimony was
closed on October 12, 2010. The hearing was reopened for consideration of the staff report
(Attachment 5 - Exhibit C in the Agenda Item packet material) and recommendation
(Attachment 1 in the Agenda Item packet material).
• There were no declarations or challenges regarding the Tigard City Council considering this
matter.
• Senior Transportation Planner Gray presented the staff report. Also present was Senior Planner
Wyss.
o A comprehensive staff presentation on this matter was conducted at the City Council
hearing of October 12, 2010. Tonight's hearing will be focused on the recommended
changes and addressing the October 12 testimony.
o Senior Transportation Planner Gray referred to a memorandum from staff outlining the
specific staff-recommended amendments to the Transportation System Plan
(Attachment 1 to the Agenda Item packet material).
o Exhibit C to the proposed ordinance is titled, Second SlIppleflaental Staff Report, which
outlines the testimony from the October 12 hearing as well as the staff response and
recommendation.
o The supplemental staff report content was reviewed.
o A PowerPoint slide presentation was referred to during the staff report to the City
Council; a copy of the presentation is on file with the City Council packet meeting
material.
TIGARD CITY COUNCIL MEETING MINUTES —November 23, 2010
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o The five recommended amendments to the proposed ordinance, outlined in Attachment
1 to the Agenda Item Summary, were reviewed.
• Council Questions/Discussion
o Councilor Buehner noted that the Plan addresses collectors and arterials, but it does not
address local streets. Senior Transportation Planner Gray said this is correct; the
emphasis is on arterials and collectors.
• Public Testimony
Neutral:
o Brian Dunn, Group Mackenzie, 1515 SE Water Avenue, Suite 100, Portland OR 97214,
advised his company represents Mr. Fred Fields'property. He noted he provided
testimony at the last hearing and said he had an additional letter he would like to submit
into the record. He reviewed the elements of this letter:
■ In response to the second supplemental staff report, he advised they proposed
previously three amendments for the Council's consideration. He reviewed the
three options they proposed on October 12.
■ Group Mackenzie has concerns with staff's review of the first two options:
■ Option 1 —Reestablishing the Wall Street Extension Project. Staff
contends that in development of the TSP, there were considerable
barriers, environmental impacts, and associated costs that make the Wall
Street Extension Project cost prohibitive and infeasible. Group
Mackenzie is looking for the analysis and documentation to support this.
Staff has directed them to some of the technical memorandums that
contain additional details, but those details are not specific enough.
(Volume 3,Technical Memorandum 5 and the Technical Appendices of
Volume 1.)
■ Techiucal Memorandum 5 identifies the seven criteria that were
used to evaluate the individual TSP projects.
■ The Wall Street Extension Project earned a moderate-
benefit rating for the first four criteria and received a
lower no-benefit rating for the last three criteria. Mr.
Dunn said he believes staff's uiterpretation of this ranking
was that the benefits were not strong enough to "win
over this project and keep it on the TSP list."
■ Mr. Dunn said that the ranking system is qualitative and
based on measures that have no weighting so there no
direct way to compare or weight multi-modal mobility to
environmental justice. He said this is important because
Providing at least some quantitative analysis is itnportant.
■ Almost all of the bicycle and pedestrian projects identify
significant, positive results for multi-modal mobility,
system capacity and safety. This Wall Street Project
would address all three of those things. It would provide
TIGARD CITY COUNCIL MEETING MINUTES —November 23, 2010
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a new facility for autos, bicyclists, and pedestrians from
Hall Blvd. to Hunziker Street. The rankings for the fust
three measures should be significantly positive; that is, the
highest ranking. They only received an average ranking.
■ The cost effectiveness measure is "a little sticky." There
is a cost associated with the Wall Street Extension
project, which is identified by the City to be about$15
million. It is important to weigh that against what other
alternatives would have to be done if this project was
removed. In the 2002 TSP the Wall Street connection is
in place and the Plan identified no need to widen Hall
Blvd. and Bonita Road iii the vicinity. In the proposed
updated TSP, two projects were identified to widen Hall
Blvd. and Bonita Road to four-five lanes at a cost around
$5.25 million for Hall Blvd., and $20 million to widen
Bonita Road to five lanes.
■ He said that if the City staff does not agree with any of
their findings or their position, then there should be more
documentation to address their concerns.
■ Amendment 2— showing the Wall Street Extension on Milton
Court. It was stated earlier that the TSP does not try to address
local access. He said it does address arterial and collector streets;
Wall Street is designated as a collector street. By addressing local
street connectivity, this would pertain to the gap in connectivity
across Mr. Fred Fields'property. This was identified in the 2002
TSP and in the current TSP. Now, the Wall Street Project is
gone and there is a gap in connectivity that is not addressed.
■ Mr. Dunn summarized that to rectify Mr. Fields' concerns regarding street
connectivity to his property, they continue to request the City Council consider
the three options proposed previously during their testimony.
o Brian Wegener, Tualatin Riverkeepers, 12360 SW Maul Street,Tigard, Oregon 97223,
commended staff for including the replacement of the Hall Blvd. Bridge in the
Transportation System Plan. This has long been a problem with flooding. The impact
on Fanno Creek is when a bottleneck is created that accelerates the water,which results
in down cutting in the stream,which is damaging to habitat.
o Phil Grillo on behalf of Mr. Fred Fields, 111 SW Fifth Avenue, Portland, Oregon 97204,
advised he has comments to supplement testimony given by Mr. Dunn and provide
additional background on what was contained in the supplemental staff report.
■ Mr. Grillo said it is important to recognize that they currently have two quasi-
judicial land use applications pending with the City of Tigard with regard to the
Wall Street Extension. The first application is scheduled to be before the City
Council on December 14, 2010. The other application is likely to be heard by
the City Land Use Hearings Officer.
TIGARD CITY COUNCIL MEETING MINUTES — November 23, 2010
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■ Mr. Grillo said he thinks it is critical that that City Council not amend the TSP
for a project that has long been planned for which there are pending permits.
This raises the possibility of essentially changing the rules under which these
applications will potentially be heard.
■ Mr. Grillo said it is important, long-term, to protect the opportunity to extend
the Wall Street beyond Mr. Fields' property to connect to Hunziker Street. The
planning period for use in the TSP is 25 years and will be used to consider what
long-term connections will have to be made. We do not know what will happen
in 25 years. Obviously, there are impediments for this project with regard to the
railroad and WES; however, none of us is good at predicting what will happen in
25 years. He said it is an important goal ultimately to connect Wall Street to
Hunziker Street.
■ Mr. Grillo said he believes it is important to protect and preserve the opportunity
ultimately to connect Hall Blvd. to Milton Court via the Wall Street Extension.
There has been discussion about this in the context of the application that will be
coming before the City Council on December 14. He said he does not believe
the Fields' property should be using Milton Court as any sort of primary access;
but they do think it is an important opportunity for secondary access ultimately
to connect Hall Blvd. to Milton Court and that is also something that has been in
the Tigard TSP for a long time.
■ Mr. Grillo said he believes it would be unfair and not in the interests of the City
to remove the Wall Street Extension project from the TSP at this tune.
o John Frewung, 7110 SW Lola Lane,Tigard, OR 97223, said he believes it is the job of the
City Council to do the balancing and weighing. There is no need to have a mathematical
calculation to evaluate; rather, the City Council would use its judgment as they have been
elected to do so. He said the Fields' representative's suggestion to have some "kind of
scoring card" is not appropriate for this situation.
o Glenna Thompson, 13676 SW Hall Blvd.,Unit 2, Tigard, Oregon 97223, referred to Mr.
Dunn's comment about the bridge and how it would help bicycle and pedestrian traffic.
She said she does not believe this to be true because she lives at this location and
observes the traffic along the Fanno Creek Trail. She said a bridge would disrupt the
trail of pedestrians and bicycles and would be dangerous. She is also opposed to the
bridge because it would disturb the wildlife.
• Staff Comments —Senior Transportation Planner Gray responded to the testimony presented
above:
o She said she did not hear a new recommended proposed amendment. Council President
Wilson asked her to respond to the question about the adequacy of fundings. Senior
Transportation Planner Gray advised the challenge was a little more expansive than what
was presented in testimony at the October 12 hearing. In particular, Mr. Dunn talked
about the need for more quantitative analysis. She said there was a great deal of
quantitative analysis and the analysis was summarized and reported throughout the TSP.
She advised the analysis was completed in both qualitative and quantitative ways. The
TIGARD CITY COUNCIL MEETING MINUTES —November 23, 2010
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analysis was completed in partnership with those agencies that helped fund this project
(DLCD, ODOT) and other agencies, Citizens Advisory Committee and the Planning
Commission. The analyses were completed at an appropriate level for a long-range,
broadly scoped Transportation System Plan.
• City Council Questions
o Councilor Buehner said she proposed an amendment to re-designate Scholls Ferry Road
as a principal arterial as opposed to an arterial. She recalled that staff agreed that the
volume and function of the road met the standards to be a principal arterial but because
Scholls Ferry is a Washington County road, it needs to be re-designated in the
Washington County Plan. She noted that Washington County will be updating their
Transportation System Plan soon and Beaverton is also beginning this process. She
asked if it would be appropriate for staff to approach the staff of the other entities to
determine if the re-designation of Scholls Ferry Road as a principal arterial in all three
plans. Could this then be amended in our TSP?
■ Senior Transportation Planner Gray said she believed this could be done;
however, the Beaverton TSP might have already been adopted as they were
progressing at the same pace as the City of Tigard on their TSP update.
Washington County is planning on doing an update. She advised that she talked
to a planner from Washington County and their classification of a principal
arterial would require that it be a state-owned highway.
■ Council President Wilson commented that this was a former state
highway and the volume of traffic on Scholls Ferry Road has not gone
down since it was a state highway, so this does not make sense to him.
■ Senior Transportation Planner Gray agreed she believes this road
should be classified as a principal arterial. The functional
classifications are useful to get an image of the way the street
functions in terms of its traffic volume and cross-sections.
Therefore, Pacific Highway and Scholls Ferry Road are
consistent. The functional classifications also direct us to what
policy documents and agencies refer to for design and
performance measures and Washington County uses the principal
arterial designation which will direct people to the Oregon
Department of Transportation (ODO1�.
o Attorney Bennett referred to Senior Transportation Planner Gray's comments about the
quantitative and qualitative analysis required by the Transportation System Plan. The
TSP is a broad planning document, not intended to be a finely detailed planning
document. Senior Transportation Planner Gray has already identified the amount of
analysis that went into looking at and analyzing the Wall Street Extension. If the City
were to want a more 111-depth analysis, such as a feasibility analysis, then there would be
the challenge that this should be done in every situation. This would turn this planning
process into one with greatly increased amounts of cost and time. Staff does not believe
the Transportation Planning Rule requires this. Council President Wilson said he agrees
and had planned to snake a similar point during his comments.
TIGARD CITY COUNCIL MEETING MINUTES —November 23, 2010
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• Council President Wilson closed the public hearing.
• Council discussion:
!�
o Councilor Henderson said he understands the TSP has taken a long time and a lot of
work and he agrees with much of what has occurred. However, he said there are some
inconsistencies. He referred to Ash Street and Walnut Street. He said that he is aware
that this is a general look and he understands what the citizenry wants but also looks at
this from a transportation point of view, which can seem to be inconsistent. He said in
the example of Wall Street, there were people before us that thought this was a good
idea. He said he did not know if this is the time for this to be changed. He said he did
not think, "...we have thought through all the thoughts...necessary to make that project
work." The Fields'property is basically isolated,we are boxing ourselves in, and he does
not think the staff proposal for the extension is the right thing to do at this time.
o Councilor Webb noted that the only items before the City Council are the five
amendments proposed by staff. She said this has been worked on for a number of years
and she said she would be voting yes on the Transportation System Plan including the
five changes, "as is."
o Councilor Buehner said she would also be voting for the amendments that staff has
proposed. She continues to have issue with the designation of Scholls Ferry Road and
said she hopes that staff will follow up on this matter as it might help us ill the long term
to obtain funding.
o Council President Wilson concurred that the TSP is a general document. Nothing in the
TSP precludes any particular property owner from having access to his property or to
making transportation improvements "on his own nickel." The TSP covers the entire
City and,if we were to wait to adopt a TSP until every conceivable development
application came in,we would never adopt anything. The fact that the City Council will
be hearing a particular application in a few weeks is irrelevant and does not impact the
TSP. He said he does not believe anyone's rights are affected whatsoever by not
including a particular street. He said he agreed with the comment that the amount of
qualitative/quantitative analyses was sufficient. He said he supports the recommended
changes. He said he believes this T SP update is far superior to the one completed in
2002.
ME
• Council consideration:
Motion by Councilor Webb, seconded by Councilor Buehner, to adopt Ordinance No. 10-18, as
amended.
ORDINANCE NO. 10-18 -AN ORDINANCE ADOPTING COMPREHENSIVE PLAN
AMENDMENT CPA 2010-00001 TO AMEND THE CURRENT TIGARD
TIGARD CITY COUNCIL MEETING MINUTES —November 23, 2010
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COMPREHENSIVE PLAN GOAL 12: TRANSPORTATION AND THE TIGARD
PUBLIC FACILITIES PLAN TO INCORPORATE THE TIGARD 2035
TRANSPORTATION SYSTEM PLAN, AS AMENDED
Councilor Buehner commented that applications that Mr. Fields' attorney referred to during his
testimony were made under the old rules. The new rules do not apply. The TSP adopted
tonight would only apply to applications filed after the effective date of the ordinance.
City Recorder Wheatley conducted a roll-call vote on the motion:
Mayor Dirksen Absent
Council President Wilson Yes
Councilor Buehner Yes
Councilor Henderson No
Councilor Webb Yes
The motion was approved by a majority vote of City Council present.
!ALJ
7. RECEIVE UPDATE REGARDING THE TREE GROVE PRESERVATION ELEMENT
OF THE TIGARD URBAN FORESTRY CODE REVISION PROJECT
Senior Planner Wyss presented the staff report:
• The Tree Grove Preservation Program is one of the components of the overall Urban
Forestry Code Revision project.
• Referred to an October 12, 2010, Open House.
• Developing the preseivation program came about because of community priorities within
the Urban Forestry Master Plan process. The Council approved the Master Plan about a
year ago.
• The program is intended to preserve the remaining groves of native trees in the community
through a flexible,incentive-based program,while following the rules of Statewide Planning
Goal 5.
• The City has contracted with Winterbrook Planning,who will assist the City through this
project. Winterbrook has completed an existing data review and the inventory field work.
• Council directed staff and Winterbrook to perform an evaluation of 100 tree groves that
were two acres or larger representing 930 acres (12 percent of the City).
• Winterbrook applied specific criteria to each of the 100 groves; i.e., predominately native
species, contiguous canopy cover, and other criteria. This generally removed fragmented
groves. As a result 70 groves were identified as significant, consisting of 544 acres. These
70 groves will move forward and included in the program.
• The groves range 11n size from about 1+ to 54 acres. The median size is 3.78 acres.
• The groves were scored high, medium or low based on specific criteria,which were reviewed
by Senior Planner Wyss. One of the highest scoring groves is located along the Fanno Creek
TIGARD CITY COUNCIL MEETING MINUTES — November 23, 2010
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Trail at Tiedeman with one portion owned the by City and the other owned by the School
District.
• A. number of the groves are located along stream corridors and there are a number that are
publicly owned.
• Goal 5 rules were followed with regarding to notification of the property owners to advise
that a portion of a tree grove was on their property. These owners were invited to the
October Open House. Eighty property owners attended,visited with the staff and
consultants and were able to ask and have questions answered. The community support
appears to be positive and consistent with Urban Forestry Master Plan recommendation.
• There are two steps remaining in completing the Tree Grove Preservation Program: 1)
Complete an economic, social, environmental, and energy analysis (ESEE), and 2) Develop a
draft program that will go through a review process with Urban Forestry Code Revision
Citizen Advisory Committee. The community will have an opportunity to review again at a
mid-February Open House.
Lris
MJ City Council questions:
• In response to a question from Councilor Henderson, Senior Planner Wyss advised that this
is an incentive-based preservation program. Properties will be allowed to develop. A
process will be created for the property owner to take advantage of some incentives to
protect those tree groves.
• Council President Wilson asked what percentage of the groves are already either publicly
owned or protected in some other way;i.e., Clean Water Service buffers,wetlands, set-aside
properties from a previous development, etc. Senior Planner Wyss said those numbers are
not available now; however, staff could conduct a GIS analysis and provide this information.
Senior Planner Wyss concurred with Council President Wilson's observation that many of
the groves are on public property, but are not wholly contained on public land as they are
contiguous to private properties. This is where the uicentive-based program will be
beneficial.
• Council President Wilson asked how the ESEE process would apply if the City chooses an
incentive-based approach. Senior Planner Wyss said that in an urban setting, a lot of times
what is allowable or prohibited does not fit within the scope of a city's land-use program.
Therefore,it is the "limit category" that gets played out in the regulations or incentive-based
programs.
• Councilor Buehner noted there are some parcels that were specifically designated as
dedicated open space when certain subdivisions were developed. Technically, these parcels
remain in private ownership as common area for those subdivisions. She asked if this
program provides an opportunity for the City to pick up some of those parcels,if
appropriate. Senior Planner Wyss advised that some of the incentives might include outright
City purchase or City assistance with conservation easements; however, there would have to
be a funding source identified.
• Council President Wilson recalled that during the 1990's the City approved a lot of PUD's
and subdivisions. At that time, it was the City's policy not to accept these kinds of parcels
even if the developer wanted to give them over. Council President Wilson said he never
agreed with that policy, but said it is more difficult to acquire them now because the City
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would be dealing with a homeowners association requiring wide agreement unless the
property is condemned. He suggested that this conversation might be better within the
context of the application of the dollars from the Parks Bond. Councilor Buchner added
that in some of the subdivisions the homeowners association is defunct. Senior Planner
Wyss said there are three primary levels to the program:
o City-owned property
o Properties already protected through planned development
o Properties that are still developable (this is where the incentives for property owners
will be focused) .
• Councilor Buchner said that many of the properties that were designated as open space
within subdivisions are not being mailtained. She said she was concerned whether the City
should be proactive within this policy to resolve how these areas can be maintained. Senior
Planner Wyss said this will be explored through this process.
PAF
8. CONSIDER A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE
FUNDING DOCUMENTS RELATED T O THE ACQUISITION OF THE SUMMER
CREEK PROPERTY - PHASE 1
• Public Works Director Koellermeier and Parks Manager Martin presented the staff report.
o On March 23, 2010, the Council adopted Resolution No. 10-15, approving the purchase
of the Summer Creek Property.
o The City has worked in conjunction with the Trust for Public Lands, an organization
which obtained and exclusive option to purchase the property.
o The City actively sought donations and grants to fund the $5.33 million property
purchase. The current funding package includes:
■ Clean Water Services donation - $100,000
■ Washington County local share funds donation - $400,000
■ A Metro Nature i1 Neighborhoods grant- $1 million
■ An Oregon Watershed Enhancement Board (OWER) grant- $1 million
■ City of Tigard local share funds from the Metro Bond Measure - $873,317
o The donations, grants, and other funding commitments total$3,373,317. The remaining
balance, approximately $2 million, can be funded through proceeds from the Tigard
parks bond measure.
o Funding from the county, Metro, and OWEB is contingent upon the City's successful
execution of various documents including intergovernmental agreements, a
grant agreement, an easement and a declaration. Other documents and forms may also
be required. Therefore, staff is requesting the Council authorize the City Manager to
execute all documents related to securing donations and grant funding associated with
the acquisition of the Sumner Creek Property - Phase 1.
• Council Discussion/Consideration
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Council President Wilson commented on the City's efforts to leverage additional funds. He
referred to the passage of the park bond,which was approved by a small margin. Emphasis
is on watching expenditure of those dollars carefully. The action before the City Council
represents the fust one to utilize proceeds from the park bond.
Motion by Councilor Buehner, seconded by Councilor Henderson, to adopt Resolution No.
10-64.
RESOLUTION NO. 10-64 -A RESOLUTION AUTHORIZING THE CITY
MANAGER TO EXECUTE ALL DOCUMENTS RELATED TO SECURING
DONATIONS AND GRANT FUNDING ASSOCIATED WITH ACQUISITION OF
THE SUMMER CREEK PROPERTY - PHASE 1
The motion passed by a unanimous vote of City Council present:
Mayor Dirksen Absent
Council President Wilson Yes
Councilor Buehner Yes
Councilor Henderson Yes
Councilor Webb Yes
9. COUNCIL LIAISON REPORTS: None
H
10. NON AGENDA ITEMS
Real Property Acquisition—Sunrise Proper .
Public Works Director Koellermeier presented information on a proposed property
acquisition to be funded as a result of the approval of the Parks Bond. Negotiations have
been concluded on the parcel known as the Sunrise property. The property is currently
secured by the Trust for Public Lands (TPL), which has an option to exercise and the City
needs to take action to acquire the property from TPL.
The purchase price for the property is $5 million. The City has looked at this property several
times over the last three years. The property has not developed because of the current
economy and this has allowed the City to entertain its purchase. TPL will be acquiring the
property and we anticipate the real estate transaction to close in the early spring if the City
Council decides to take action.
Councilor Buehner asked if the City will be prepared to do some road improvements on
Sunrise Lane to provide better access. Public Works Director Koellermeier said the
transaction would acquire the property; development of the property will be a future action.
_Q
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Motion by Councilor Buchner, seconded by Councilor Webb, that the City Council authorize
the City Manager or his designee to execute the Purchase and Sale Agreement between the
City of Tigard and the Trust for Public Lands to acquire the Sunrise Property upon satisfactory
review of the documents.
The motion passed by a unanimous vote of City Council present:
Mayor Dirksen Absent
Council President Wilson Yes
Councilor Buchner Yes
Councilor Henderson Yes
Councilor Webb Yes
02-
Report
Report on Washington County Hearing—West Bull Mountain Concept Plan
Assistant City Manager Newton presented the report. She communicated, during the hearing,
the City's concerns about the West Bull Mountain Concept Plan. She said that at the Board
Workshop Meeting Washington County Commissioner Rogers commented on a Town Hall held
in Tigard referencing the questions asked by Councilor Buchner regarding the issues of water,
parks, and traffic. Commissioner Rogers indicated his concern about answering these
questions. The County staff reassured Commissioner Rogers that this is the first phase and
Phase 2 will be to address those issues.
Assistant City Manager Newton advised that Washington County Commissioner Schouten
raised concerns about how this area might be served by parks and asked a number of questions
regarding the proximity of the areas within the Concept Plan to the City of Tigard.
Assistant City Manager Newton presented a letter that had been presented to the Tigard
Planning Commission and an alternate resolution proposed by the City of Tigard. Washington
County's legal counsel cautioned the Board of Commissioners regarding changing the name of
the Concept Plan because Metro advised the County that the Concept Plan as developed meets
the Metro Rules and statewide planning goals. City Manager Prosser clarified that the City of
Tigard was proposing the change to designate the Concept as an Urban Form Diagram. The
City also suggested that rather than adopting this Plan or Diagram, that the County accept it.
Assistant City Manager Newton said that under the County's process, they must adopt (they
cannot accept).
During the hearing Assistant City Manager Newton said Comnnissioner Rogers reiterated that he
is concerned moving forward. I Ie said the issues raised by Tigard and Beaverton need to be
addressed.
The Concept Plan was adopted unanimously by the Commissioners. Board Chair Brian
attended the meeting via telephone and also made comments.
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City Attorney Request for Proposals P)
Assistant City Manager Newton referred to a memorandum distributed to the City Council last
week asking how the City Council would want to proceed with the legal services (prosecutor,
real estate, franchise) RFP,which is different from the City Attorney RFP. The City Attorney
reports to the City Council and the City Council would conduct the interviews for the City
Attorney services.
0
Councilor Buchner said she would feel more comfortable if the RFP could specify that
applicants could apply to handle just one specialty. Assistant City Manager Newton said the
RFP for specialized service will be clear that firms could submit an RFP for specific specialty
legal services. Councilor Buchner said a description of how specialty services might be provided
by other firms should be stated withui the general RFP.
Councilor Buchner said her preference would be to have interviews done by one or two City
Council members rather than the entire City Council. Councilor Webb agreed with Councilor
Buchner. Council President Wilson said that City Council should be involved in selection of the
firm that will report to the City Council. The other areas are technical and agreed that staff and
a representative from the CityCouncil would be the preferred way to choose a firm(s) for those
services.
Councilor Buchner asked if there were a number of applications for the City Attorney services,
could a smaller group perform the preliminary evaluation so the entire City Council would only
have two to interview. Assistant CityManager Newton suggested the City Council members
could score the firms to determine who they would interview. Final determination on
procedures can be done once it is known how many firms have applied. Responses to the RFP
are due January 11. Interviews are schedule for late January/early February.
Assistant City Manager Newton advised an extension for the current City Attorney firm is
scheduled for City Council consideration on December 28, 2010.
For the City Attorney contract,it will be a five-year contract, renewable annually.
• Council President Wilson noted he had a follow up question with regard to the earlier discussion
on the West Bull Mountain Concept Plan. He asked about the process followed for Damascus.
City Manager Prosser said he thought that Damascus was different insofar as it was not close to
any other City and the only option was to create a new City. Councilor Buchner said she
attended some of the meetings held at the time Damascus was incorporating. She said the
infrastructure issues were not addressed ui the planning,which is why Damascus proceeded with
incorporation as they felt they were not given an opportunity to deal with those issues and the
financial burden. Assistant City Manager Newton offered that the Community Development
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Department could prepare a memorandum for the City Council regarding the Damascus
process. .
9:19 P.M.
11. ADJOURNMENT
Motion by Councilor Webb,seconded by Councilor Buehner,to adjourn the meeting.
The motion passed by a unanimous vote of City Council present:
Mayor Dirksen Absent
Council President Wilson Yes
Councilor Buehner Yes
Councilor Henderson Yes
Councilor Webb Yes
eu;�6v� ���jL
Catherine Wheatley,City Recorder
Attest:
ayor,City of Tigard
Date: 0 - b - a 0 11
I:\ADM\CATHY\CCM\2010\101123 final.docx
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