City Council Minutes - 11/09/2010 F,4
- City o f Tigard
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Tigard Business Meeting — Minutes
TIGARD CITY COUNCIL AND LOCAL CONTRACT REVIEW BOARD
MEETING DATE AND November 9, 2010 - 6:30 p.m. Study Session; 7:30 p.m.
TIME: Business fleeting
MEETING LOCATION: City of Tigard - Town Hall - 13125 SXX' Hall Blvd., Tigard,
OR 97223
Mayor Dirksen 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, Assistant City Manager Newton,Public Works Director
Koellermeier, Senior Management Analyst Wyatt,Associate Planner/Arborist Prager,Associate
Planner Caines, Assistant Community Development Director Harnett, Community
Development Director Bunch, Finance and Information Services Department Director
LaFrance, City Attorney Ramis, City Recorder Wheatley
• STUDY SESSION
A. DISCUSS URBAN FORESTRY PROGRAM FUNDING
Staff Presenter: Assistant Community Development Director Harnett introduced topic.
Associate Planner/Arborist Prager reviewed Agenda Item Summary-.
Issue before the City Council: At its November 16, 2010 joint meeting with Council, the
Tree Board wants to discuss the prospect of developing a comprehensive urban forestry
funding proposal as part of their 2011 goals.
Staff provided background on the Tree Board's proposal, explained how it relates to the
funding discussions that are part of the Urban Forestry Code Revisions project, and asked
the City Council if it is comfortable with the approach.
TIGARD CITY COUNCIL MEETING MINUTES —November 9, 2010
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Staff reviewed the Agenda Item Summary. During City Council comments, Council
members indicated they were supportive of the comprehensive urban forestry program but
would be cautious about looking at any budget-related increases.
The'free Board and the Urban Forestry Code Revisions Citizen Advisory Committee have
done work on urban forestry funding projects. Assistant Community Development Director
Hartnett referred to the upcoming City Council meetingWith the Tree Board next week.
She suggested City Council might want to give budget guidance and discuss role delineation
between the Tree Board and the Urban Forestry Citizen Advisory Committee. Guiding
principles (attached to the Agenda Item Summary) will also be discussed with the City
Council next week.
After receiving input from the City Council and the Citizen Advisory Board, the Tree Board
will return to the City Council in February with recommendations to develop a sustainable
and ongoing urban forest enhancement program.
B. UPDATE ON THE TREE GROVE PRESERVATION PROGRAM OPEN HOUSE
Staff Presenter: Assistant Community Development Director Hartnett
Issue before the City Council: The City held an open house on October 6, 2010 to receive
public input on the tree grove preservation program element of the Urban Forestry Code
Revision project.
The two biggest concerns raised by the community to this point is the ability to remove
hazard trees and retaining the ability to develop the property if they choose to do so in the
future. The message from staff has been consistent, that hazard trees within a tree grove
will be treated the same as outside a tree grove. Regarding development of property,
the message has been the tree grove preservation program is intended to be flexible and
incentive based and, through this process, the City is looking for ways to provide options to
property owners who would like to retain the tree groves on their property but would be
limited in their choices by the current development code.
At this point, staff does not feel there is a sentiment among property owners that
would result in a wholesale removal of trees before a program could be established. Staffs'
messages of flexibility and incentives have been consistent and received favorably and
interim regulations should not be necessary at this time. If, as the project progresses, a shift
toward a more regulatory approach were to emerge, the subject of interim regulations should
be revisited.
Additionally, based on Council feedback, the ptoject will now be tided the Tigard Tree
Grove Preservation Program as opposed to the original title including the term protection.
TIGARD CITY COUNCIL MEETING MINUTES -November 9, 2010
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C. DISCUSS THE PRELIMINARY NOVEMBER 2, 2010 ELECTION RESULTS
Staff Presenter: City Manager Prosser and Public Works Director Koellermeier
Issue before the City Council: Discuss the preliminary November 2, 2010 election results for
the WCCLS Local Option Levy Renewal, the County Public Safety Levy renewal, and the
Tigard Parks Bond Measure.
All three measures were approved by the voters. Public Works Director Kocllermeier
reported that in about three weeks City Council will receive a staff-prepared schedule
proposing an 18-month critical path timeline for financing activities (working with financial
advisers) and proposing an activity outline subsequent to voter-approval of a bond measure
for up to $17 million toward acquiring open spaces,protecting clean water, and improving
parklands.
D. ADMINISTRATIVE ITEMS
• Council Preference: Consensus of City Council was to continue to report progress on goals
on a quarterly basis, highlighting especially notable progress on particular goals. Councilor
Henderson expressed a preference for a format to one used previously that showed the
progress for each quarter.
• Team Building Date - Tuesday, December 7, noon — 5 p.m., location to be announced.
• 2011 Goal Setting Meeting—Thursday, December 30, starting at noon, location to be
announced.
• Ceremonial Council Meeting-January 11, 2011
o No study session - photos from 6:30-7 p.m.
0 7-7:30 - light dinner
o Oaths of Office
■ Inaugural remarks of newly elected officials
o Elect Council President for 2011 - 2012
o State of the City Address
o Reception to follow the meeting
• Council Calendar:
o Thursday, November 11 - Veterans Day Holiday - City Hall Closed
o Tuesday,November 16 - Council Workshop Meeting- 6:30 p.m.
o Tuesday,November 23 - Council Business Meeting - 6:30 p.m.
o Thursday and Friday, November 26 and 26, Thanksgiving Holiday - City Hall Closed
EXECUTIVE SESSION: Cancelled
TIGARD CITY COUNCIL MEETING MINUTES —November 9, 2010
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1. BUSINESS MEETING
A. Mayor Dirksen called the meeting to order at 7:30 pm.
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
E. Call to Council and Staff for Non-Agenda Items
2. CITIZEN COMMUNICATION
A. Follow-up to Previous Citizen Communication - None
B. Tigard High School Student Envoy—No report.
IJ C. Tigard Area Chamber of Commerce Executive Director Debi Mollahan presented the
report of past and upcoming activity at the Chamber of Commerce. A summary is on file
with the packet material for the meeting.
D. Citizen Communication
Chris Garstek, representing Tigard Dog Park Committee expressed appreciation for all who
worked on the Tigard parks and open space bond measure. She urged the Council to pursue
the purchase of the dog park as soon as possible.
Mayor Dirksen reviewed the Consent Agenda:
3. CONSENT AGENDA (Tigard City Council and Local Contract Review Board)
A. Approve Council Minutes:
1. August 10, 2010
2. September 14, 2010
3. September 28, 2010
TIGARD CITY COUNCIL MEETING MINUTES — November 9, 2010
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B. Receive and File:
I. Tentative Agenda
2. Council Calendar
C. Approve Submittal of Oregon Department of Transportation Flexible Funds Application
for Improvements to 121 st Avenue.
Resolution No. 10-56
RESOLUTION SUPPORTING AN APPLICATION FOR OREGON DEPARTMENT
OF TRANSPORTATION FLEXIBLE FUND PROGRAM FUNDS TO FINANCE THE
CONSTRUCTION OF SIDEWALK AND RELATED IMPROVEMENTS ALONG
PORTIONS OF SW 121ST AVENUE
D. Local Contract Review Board:
1. Award Contract for Street Sweeping Services to Water Truck Services, Inc.
Motion by Council President Wilson, seconded by Councilor Webb to approve the Consent
Agenda.
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 Webb Yes
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4. PROCLAIM DECEMBER 6-12, 2010 HUMAN RIGHTS WEEK AND DECEMBER 10,
2010 HUMAN RIGHTS DAY
Mayor Dirksen announced the Human Rights Week and Day proclamation.
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Presentation was given by Emily Gottfried Oregon Area Jewish Committee and Jessica Ritter,
Pacific University,members of the Washington County Human Rights Council.
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5. INFORNIATIONAL PUBLIC HEARING TO CONSIDER A RESOLUTION
ESTABLISHING CANTERBURY SANITARY SEWER REIMBURSEMENT DISTRICT
NO. 50
Mayor Dirksen opened the public hearing and the staff report was presented by City Engineer
Kyle. The proposed district includes a City-owned lot Qohn Tigard House) and one residential
lot. There was no public testimony. Mayor Dirksen closed the public hearing.
During City Council discussion, Council President Wilson requested information regarding an
inventory of properties remaining to be scheduled for sewer reimbursement districts. This
information will be sent to the Council in their newsletter packet on Friday, November 19.
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• City Council Consideration: Resolution No. 10-57
A RESOLUTION ESTABLISHING SANITARY SEWER REIMBURSEMENT
DISTRICT NO. 50 (SW CANTERBURY LANE).
Motion by Council President Wilson, seconded by Councilor Webb, to adopt Resolution
No. 10-57.
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 Webb Yes
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6. INFORMATIONAL PUBLIC HEARING TO CONSIDER A RESOLUTION ADOPTING
THE WATER RATE STUDY
• Mayor Dirksen opened the public hearing and the staff report was presented by Public Works
Director Koellermeier and Finance and Information Services Department Director LaFrance.
The PowerPoint slides are on file with the packet meeting material. One person, Sue Bielke,
offered testimony. She submitted a letter for the record,which summarized her testimony
opposing the proposed water rate increase of 30% and opposing using water from the
Clackamas River. Ms. Bielke stated she did not want to lose Bull Run as a source of water for
Tigard.
TIGARD CITY COUNCIL MEETING MINUTES -November 9, 2010
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• Staff Recommendations:
1. Adopt the Water Rate Study by resolution.
2. Adopt resolution amending the Master Fees and Charges Schedule—includes five-year rate
plan.
3. Adopt SDC methodology and amendment to fees and charges on December 14, 2010.
4. Support monthly billing and"Care to Share."
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• Council asked questions and requested staff to keep residents informed of rates and plans for
water for Tigard and other jurisdictions in the region.
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• Council Discussion—All Council members offered commentsin support of the Water Rate
Study.
• Mayor Ditksen closed the public hearing.
• City Council Consideration: Resolution No. 10-58
A RESOLUTION ADOPTING THE WATER RATE STUDY WHICH PROVIDES A
LONG-TERM FINANCING STRATEGY TO FUND THE LAKE OSWEGO-TIGARD
WATER PARTNERSHIP AND OTHER WATER CAPITAL IMPROVEMENTS
Motion by Councilor Webb, seconded by Councilor Buehner, to adopt Resolution No. 10-58.
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 Webb Yes
7. CONSIDER A RESOLUTION AMENDING THE MASTER FEES AND CHARGES
SCHEDULE TO INCREASE WATER RATES
• Staff Report was presented by Finance and Information Services Department Director
LaFrance.
Issue before the City Council: Shall the City Council consider a resolution amending
the 2010-2011 Master Fees and Charges Schedule to increase water rates over the next five
years?
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• Council Consideration: Resolution No. 10-59
A RESOLUTION TO AMEND THE MASTER FEES AND CHARGES SCHEDULE,
AS ADOPTED BY RESOLUTION 10-30,TO INCREASE WATER RATES TO FUND
THL LAKE OSWEGO -TIGARD WATER PARTNERSHIP AND OTHER CAPITAL
IMPROVEMENTS
Motion by Council President Wilson, seconded by Councilor Webb, to adopt Resolution
No. 10-59.
The motion was approved by a unanitnous vote of City- Council present.
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 Webb Yes
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S. REVIEW AND DISCUSS LEGISLATIVE AGENDA FOR 2011 OREGON LEGISLATIVE
SESSION
• Staff Report was presented by Senior Management Analyst Wyatt. To prepare for the 2011
Oregon Legislative Session,Tigard representatives will be meeting with Senator Burdick and
Representative Doherty. Earlier today, staff met with Lake Oswego regarding legislative
issues surrounding the water project.
+ Councilor Buehner referred to a memorandum she wrote to the Mayor and City Manager
about what will be coming from the League of Oregon Cities Finance and Taxation
Committee. She asked if the City-wants to take any position on the proposal to adopt a new
strategy to look at long term planning rather than only looking at what is anticipated for the
next year with regard to issues affecting cities. Mayor Dirksen said he thought the
Committee's direction was a good one to provide stability to the state revenue stream. He
said is satisfied to have LOC take the lead on this since it is a statewide issue. He
commented that the legislative priorities before the City Council tonight are those that affect
the City of Tigard directly.
TIGARD CITY COUNCIL MEETING MINUTES —November 9, 2010
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• Council President Wilson commented that the property tax limitation measure that Oregon
implemented several years ago created a certain amount of stability in times of recession.
Cities in Oregon have fewer problems because of that measure than elsewhere around the
country. The state has huge issues filling their budget gaps and it might be best to wait until
some stability is restored at the state level before talking about the way cities are financed.
Councilor Buchner clarified that the LOC committee is looking to determine how to pay for
government at the state level. There will be impact to cities because there are already
discussions about removing some of the revenue sharing to cities. Unless we address the
underlying issues that affect the entire manner in which the state is funded,we start to see it
greatly affect us. We are also facing issues with some of counties no longer receiving timber
funds, as they will likely be coming to ask for help from the legislature. This proposal is to
develop a strategy to deal with these funding issues and that the League would take some
sort of a leadership role to get the process going. No one has wanted, to this point, to deal
with the difficult questions. For example, should the state be responsible for the majority of
funding of K-12 education?
• Mayor Dirksen noted that as a short-term goal,Tigard has on its legislative list to maintain a
commitment from the state for state-shared revenue. There have been statements made that
there are no plans to discontinue state-shared revenues; however, this will need to be
monitored.
• Mayor Dirksen referred to the Transportation Planning Rule and its impact on
transportation facilities and land use planning for cities. League of Oregon Cities has heard
from several of their members and it is one of the primary issues for both the LOC
Transportation Committee and the Community Development Committee.
• Councilor Buchner asked that we make sure (now that we have census information) that
Oregon Department of Transportation (ODOT) does a correct reallocation of its funding to
its various regions. Official census numbers are anticipated by March and Councilor
Buchner pointed out that reapportionment must be completed during the upcoming
legislative session.
• Senior Management Analyst Wyatt advised there is proposed legislation for the upcoming
session for ballot collection changes. One change proposed is that the person voting would
have to be the one to deposit it in the ballot box. There have been reports of people
collecting ballots from households and not depositing them in the ballot box throughout the
state.
• Councilor Buchner noted an issue in terms of reevaluating the various tax incentive
programs. She said it would be good to monitor this proposal.
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9. CONSIDER AMENDMENTS TO COUNCIL GROUNDRULES (RESOLUTION) AND
CODE OF CONDUCT FOR APPOINTED BOARDS AND COMMITTEES
(ORDINANCE AND RESOLUTION) - CONTINUED FROM THE OCTOBER 26, 2010
CITY COUNCIL MEETING
• Staff Report for Council Groundrules presented by Assistant to the City Manager Mills.
• Issue before the City Council: Consider updates to the Council Groundrules.
• Council Consideration - Resolution No. 10-60
A RESOLUTION AMENDING THE COUNCIL GROUNDRULES, ADDING THE
CODE OF CONDUCT,AND SUPERSEDING RESOLUTION NO. 08-45
Motion by Councilor Webb, seconded by Councilor Buchner, to adopt Resolution No. 10-
60.
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 Webb Yes
• Code of Conduct for Appointed Boards and Committees
Issues before the City Council:
A. Adopt ordinance recognizing the Code of Conduct for all appointed members of
the City's boards, committees and commissions and removing old information
about the Planning Commission member removal process.
B. Adopt resolution establishing a Code of Conduct for all appointed members of the
City's boards, committees and commissions as amended by Councilor Henderson.
Ordinance No. 10-17
AN ORDINANCE CREATING TIGARD MUNICIPAL CODE SECTION 2.07, CODE
OF CONDUCT FOR APPOINTED OFFICIALS SERVING ON CITY BOARDS,
COMMITTEES AND COMMISSIONS, AND AMENDING CHAPTER 2.08,
PLANNING COMMISSION, BY DELETING SECTION 2.08.030, COMMISSION
REMOVAL
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Motion by Councilor Buchner, seconded by Councilor Webb, to adopt Ordinance No. 10-
17.
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 Webb Yes
Resolution No. 10-61
A RESOLUTION ESTABLISHING THE CODE OF CONDUCT FOR APPOINTED
MEMBERS OF THE CITY'S BOARDS, COMMITTEES AND COMMISSIONS
Motion by Councilor Webb, seconded by Councilor Buchner, to adopt Resolution No. 10-
61.
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 Webb Yes
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10. UPDATE ON 3RD QUARTER COUNCIL GOAL STATUS
* Staff Report presented by Senior Management Analyst Wyatt.
Issue before the City Council: Update Council on progress made on Council Goals
during the 3rd Quarter of 2010. The Agenda Item Summary contains a report on
goal status for the 3" Quarter.
11. COUNCIL LIAISON REPORTS - None
12. NON AGENDA ITEMS - None
13. EXECUTIVE SESSION: Not held.
TIGARD CITY COUNCIL MEETING MINUTES -- November 9, 2010
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9:08 p.m.
14. ADJOURNMENT
IJ Motion by Council President Wilson, seconded by Councilor Webb, to adjourn the meeting.
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 Webb Yes
0—ct Cc Vu
Catherine Wheatley, City Recorder
Attest:
7
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Mayor, City of Tigard
Date: / -s— /` C I �
I:AADM1CATHYICCM120101101109 final minutes with audio1101109 final.docx
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