City Council Minutes - 12/14/2010 - City of Tigard
° Tigard Business Meeting — Minutes
TIGARD CITY COUNCIL
& LOCAL CONTRACT REVIEW BOARD
MEETING DATE AND December 14, 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
Mayor Dirksen called the meeting to order at 6:30 p.m.
Name Present Absent
Mayor Dirksen ✓
Councilor President Wilson ✓
Councilor Buehner ✓
Councilor Henderson ✓
Councilor Webb ✓
Staff Present: City Manager Prosser,Assistant City Manager Newton, Financial and Information
Technology Director LaFrance, City Attorney Ramis, City Attorney Jones, Community
Development Director Bunch,Assistant Community Development Director Hartnett, Public Works
Director Koellermeier,Assistant Financial and Information Services Director Smith-Wagar,
City Recorder Wheatley
• STUDY SESSION
• Present information on Water and Parks Bonds— Financial and Information Technology
Director LaFrance reviewed staff report with the City Council.
• At the December 28, 2010 Business Meeting, action will be requested of Council to
authorize the sale of Water Revenue Bonds and two series of General Obligation Bonds:
1) for$17 million in Parks Bonds, and 2) for potential refunding of Tigard's outstanding
Library Bonds.
TIGARD CITY COUNCIL MEETING MINUTES — December 14, 2010
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• The Water Rate Study that will finance the Water Revenue Bonds was adopted by Council in
Resolution No. 10-58 on November 9, 2010.
• The Parks Bonds were approved by the voters of the City of Tigard in Measure 34-181 on
November 2, 2010 in the amount of$17,000,000.
• Tigard currently has one other General Obligation Bond that was issued to pay for the
Tigard Library authorized by the voters of the City of Tigard on May 21, 2002. Council is
being asked to approve a resolution authorizing the sale of General Obligation bonds in one
or more series for the $17 mil for parks and,if it provides savings to Tigard, to issue
refunding general obligation bonds to refinance the Library Bonds.
City Manager Prosser reviewed the following with the City Council:
➢ Administrative Items
o TVF&R requests a 2011 Joint Meeting with the Tigard City Council,which would
include a tour of their new headquarters building, a dinner and then an informal
meeting on any issues Tigard might want to discuss. They suggest Wednesday,
February 23, 2011, at 6 p.m. Council members agreed to meet on February 23`d as
suggested by TVF&R.
o Council Calendar:
■ December 21,Workshop Meeting- 6:30 p.m.
■ December 24, Christmas Holiday Observed, City Hall Offices Closed
■ December 28, Business Meeting- 6:30 p.m. Reception for Councilor Webb;
7:30 p.m. Business Meeting
■ December 30, Council Goal Setting Meeting- Noon at the Walnut Street
Fire Station
■ December 31 New Year Holiday Observed, City Hall Office Closed
• EXECUTIVE SESSION: The Tigard City Council went into Executive Session at 6:42 p. m. to
discuss real property transaction negotiations under 192.660 (2) (e).
Executive Session concluded at 6:51 p.m.
TIGARD CITY COUNCIL MEETING MINUTES — December 14, 2010
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1. BUSINESS MEETING - DECEMBER 14, 2010
a. Mayor Dirksen called the meeting to order at 7:30 p.m.
b. Roll Call
C. Pledge of Allegiance
d. Council Communications &Liaison Reports
Mayor Dirksen reported he attended the Oregon Leadership Economic Summit on
December 13, 2010. He advised he assembled materials from this meeting and will make
them available to the City Council members.
e. Call to Council and Staff for Non-Agenda Items: None
2. CITIZEN COMMUNICATION
a. Follow-up to Previous Citizen Communication: None
b. Tigard High School Student Envoy -Associated Student Body Activities Director
Anthony Quach presented the monthly update to the City Council on behalf of Tracie
Tran. His written report is on file with the packet material.
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C. Tigard Area Chamber of Commerce —Debi Mollahan updated the City Council. Her
written report is on file with the packet material.
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d. Citizen Communication—Sign Up Sheet
John Frewing, 7110 SW Lola Lane,Tigard, Oregon 97223, advised of his concern regarding
processing of land use applications. He said the Tigard Code provides that when the City
receives changes to an existing application, the City shall either work on one application or
the other application. He said he is concerned that this is not the process being followed
with a current proceeding. He referred to Mr. Phil Grillo's statement regarding the
feasibility of a pivot road (referencing current applications on property owned by Mr. Fred
Fields). He said he thinks the City should deal with only one of the applications.
Mayor Dirksen asked for a response from the City Attorney. City Attorney Ramis advised
the Code does not prevent someone from filing more than one application. There is the
possibility that when someone has multiple ideas for the development of their land they
could,in theory, apply for each of those ideas. They would take the ideas through the
process to determine which ones could be approved. The applicant might decide to
proceed with the application for which they have approval. This is permitted. City
Attorney Ramis agreed this potentially could become a messy process. He concurred with
Mr. Frewing that it could become difficult to keep things sorted out. City Attorney Ramis
TIGARD CITY COUNCIL MEETING MINUTES — December 14, 2010
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said it was his hope that because there was a continuance on the one application, there
could be focus on the other application and the issues resolved. City Attorney Ramis said
the submittal of multiple applications is not something the City can control.
Mr. Frewing said he agreed multiple applications could be submitted, but he said they
should not be mixed up. Mayor Dirksen advised the City Council has had conversations
regarding keeping the applications separate. He acknowledged that Mr. Frewing raised an
important point.
HMayor Dirksen reviewed the Consent Agenda:
3. CONSENT AGENDA: (Tigard City Council and Local Contract Review Board)
a. Approve Council Meeting Minutes:
1. October 12, 2010
b. Receive and File:
1. Official November 2, 2010 Election Results-Electing a Mayor,Two City Councilors,
and Approval of a Bond to Acquire Open Spaces, Protect Clean Water, Improve
Parklands
2. Council Calendar
3. Council Tentative Agenda for Future Meeting Topics
C. Appoint Wayne Gross and Paul Jackson to the Tree Board
RESOLUTION NO. 10-65 -A RESOLUTION APPOINTING WAYNE GROSS
AND PAUL JACKSON TO THE TREE BOARD AS AT-LARGE MEMBERS
d. Reappoint Elise Shearer,Appoint Linli Pao and Phil Thornburg as Voting Members, and
Appoint Kouri Chavez as an Alternate Member of the City Center Advisory Commission
RESOLUTION NO. 10-66 --A RESOLUTION REAPPOINTING ELISE SHEARER,
AND APPOINTING LINLI PAO AND PHIL THORNBURG AS VOTING
MEMBERS TO THE CITY CENTER ADVISORY COMMISSION AND
APPOINTING KOURI CHAVEZ AS AN ALTERNATE TO THE CITY CENTER
ADVISORY COMMISSION
e. Appoint Margaret Faber to the Park and Recreation Advisory Board
RESOLUTION NO. 10-67 -- A RESOLUTION APPOINTING MARGARET
FABER TO THE PARK AND RECREATION ADVISORY BOARD
f. Reappoint Margaret Doherty and Appoint Jason Rogers as Voting Members of the
Planning Commission
TIGARD CITY COUNCIL MEETING MINUTES — December 14, 2010
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RESOLUTION NO. 10-68 --A RESOLUTION REAPPOINTING MARGARET
DOHERTY AND APPOINTING JASON ROGERS AS VOTING MEMBERS TO
THE PLANNING COMMISSION
g. Authorize the formation of a High Capacity Transit Land Use Plan Citizen Advisory
Committee;Approve Required Purpose; Charge Statement;Meeting Protocol, and
Appoint Members
RESOLUTION NO. 10-69 -- A RESOLUTION ESTABLISHING A CITIZEN
ADVISORY COMMITTEE (CAC) FOR THE HIGH CAPACITY TRANSIT LAND
USE STUDY AND APPOINTING THE TIGARD TRANSPORTATION
ADVISORY COMMITTEE AND TWO ADDITIONAL INDIVIDUALS TO SERVE
AS THE CAC
h. Appoint Michael Stevenson, Dennis Mitchell, and Karen Hughart to the Transportation
Advisory Committee;Appoint Kith Moreland as an Alternate to the Transportation
Advisory Committee
RESOLUTION NO. 10-70 --A RESOLUTION APPOINTING KAREN HUGHART,
DENNIS MITCHELL,AND MIKE STEVENSON AS VOTING MEMBERS AND
APPOINTING KIM MORELAND AS AN ALTERNATE MEMBER OF THE
TRANSPORTATION ADVISORY COMMITTEE.
i. Amend Intergovernmental Agreement for the Knoll at Tigard Community Development
Block Grant
j. Local Contract Review Board
1. Award Contract for Utility Bill Printing and Mailing to Bend Mailing
Motion by Council President Wilson, seconded by Councilor Webb, to approve the Consent
Agenda.
The motion passed by a unanimous vote of City Council present:
Mayor Dirksen Yes
Council President Wilson Yes
Councilor Buehner Yes
Councilor Henderson Yes
Councilor Webb Yes
TIGARD CITY COUNCIL MEETING MINUTES — December 14, 2010
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H
4. INFORMATIONAL PUBLIC HEARING TO CONSIDER A RESOLUTION ADOPTING
WATER SYSTEM DEVELOPMENT CHARGE METHODOLOGY
• Mayor Dirksen opened the public hearing.
• Hearing Procedures: This was an informational public hearing in which any person was
given the opportunity to comment.
• Declarations or Challenges: None.
• Staff Report: Public Works Department—Utility Division Manager Goodrich presented the
staff report. Also present were Paul Matthews and Joe Healy of Red Oak Consulting and
they presented a report on the findings of their methodology.
The City's consultant has completed a comprehensive water financial plan which included a
Water Rate Study and Water System Development Charge (SDC) Update.
The first part of the financial plan, the Water Rate Study,was adopted on November 9,
2010. The Council is now being asked to adopt the second part of the financial plan, the
SDC methodology.
SDCs are fees levied on new development to recover some of the cost for the additional
infrastructure needed to serve that development. The SDC methodology provides a uniform
and equitable framework for establishing fees and charges.
Tigard's water SDCs were last updated in 2000.
The methodology used to establish SDCs needs to be updated on a regular basis to ensure
fees accurately reflect infrastructure building costs and changing water system priorities.
Examples of new priorities incorporated in the proposed methodology include capital
improvements listed in the 2010 Water Master Plan and projects related to the Lake
Oswego-Tigard Water Partnership.
The proposed resolution adopts the water SDC methodology that establishes the maximum
allowable SDCs;it does not set SDCs. This action is scheduled to come before Council in
the form of an amendment to the Master Fees and Charges Schedule on December 28, 2010.
The Intergovernmental Water Board approved the water SDC methodology on September
8, 2010.
• Public Testimony
R
Ernie Platt of the Metropolitan Portland Homebuilders Association referred to his written
material,which is on file in the Council meeting packet material. He thanked the staff and
the consultant on the process followed. At this point, he is in support with the methodology
TIGARD CITY COUNCIL MEETING MINUTES — December 14, 2010
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proposed in the resolution. He will comment on some issues when this is discussed on
December 28, 2010.
• Staff Recommendation -0 Utility Division Manager Goodrich recommended the City
Council adopt the proposed resolution.
• Council Discussion
o Councilor Buehner noted appreciation for the work done by Red Oak Consulting.
o Mayor Dirksen noted this was a complex project and thanked the consultants for
their work. Additional discussion on this matter will occur on December 28,2010.
o In response to a comment by Council President Wilson,Utility Division Manager
Goodrich advised the current policy is for no charge for temporary water meters.
o Mayor Dirksen referred to a recent increase in water rates; this is a similar action in
that this will be an increase in payment due for new construction.
• J Mayor Dirksen closed the public hearing.
• Council Consideration
Motion by Councilor Buehner, seconded by Councilor Webb, to approve Resolution No.
10-71.
The motion was approved by a unanimous vote of Council present.
Mayor Dirksen Yes
Council President Wilson Yes
Councilor Buehner Yes
Councilor Henderson Yes
Councilor Webb Yes
RESOLUTION NO. 10-71 --A RESOLUTION TO ADOPT WATER SYSTEM
DEVELOPMENT CHARGE METHODOLOGY
5. CONSIDER A RESOLUTION APPROVING AN AMENDMENT TO THE WATER
PARTNERSHIP INTERGOVERNMENTAL AGREEMENT, INCLUDING THE
CAPITAL IMPROVEMENT PLAN
• Staff Report—Public Works Director Koellermeier presented the staff report.
In August 2008 the cities of Tigard and Lake Oswego entered into a water partnership
formalized in the Intergovernmental Agreement Regarding Water Supply Facilities, Design,
Construction, and Operation (Agreement).
TIGARD CITY COUNCIL MEETING MINUTES — December 14, 2010
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The Agreement created an Oversight Committee comprised of two members from each
party's City Council. Councilors Buehner and Webb serve as Tigard's representatives. The
Oversight Committee is charged with reviewing and making recommendations on proposed
capital improvement projects.
Under the 2008 Agreement, the Tigard and Lake Oswego City Councils must approve the
Supply Facilities Capital Improvement Plan. The Lake Oswego City Council will consider
the plan on December 7.
Public Works Director Koellermeier recommended City Council adopt the proposed
resolution.
• Council Consideration—
Motion by Councilor Webb, seconded by Council President Wilson, to approve Resolution
No. 10-72.
RESOLUTION NO. 10-72 --A RESOLUTION APPROVING THE SECOND
AMENDMENT TO THE WATER PARTNERSHIP INTERGOVERNMENTAL
AGREEMENT, INCLUDING THE SUPPLY FACILITIES CAPTIAL IMPROVEMENT
PLAN,AND AUTHORIZING THE MAYOR TO EXECUTE THE AMENDMENT
The motion was approved by a unanimous vote of Council present:
Mayor Dirksen Yes
Council President Wilson Yes
Councilor Buehner Yes
Councilor Henderson Yes
Councilor Webb Yes
➢ Mayor Dirksen opened the public hearing for Agenda Item No. 6 and the hearing was
continued to February 22, 2011. The continuance was requested by the applicant.
NOTICE
AGENDA ITEM NO. 6
THE QUASI-JUDICIAL PUBLIC HEARING WILL BE OPENED AND CONTINUED
TO
FEBRUARY 22,2011
6. QUASI-JUDICIAL PUBLIC HEARING - COMPREHENSIVE PLAN AMENDMENT,
SENSITIVE LANDS REVIEWS AND ADJUSTMENT TO EXTEND WALL STREET TO
FIELDS' PROPERTY
8:20 p.m. (time is estimated)
TIGARD CITY COUNCIL MEETING MINUTES — December 14, 2010
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COMPREHENSIVE PLAN AMENDMENT (CPA) 2009-00004/SENSITIVE LANDS
REVIEW (SLR) 2009-00004/SENSITIVE LANDS REVIEW (SLR) 2009-
00005/ADJUSTMENT (VAR) 2010-00002 - WALL STREET EXTENSION (FIELDS)
REQUEST: The applicant is requesting amendments to the Comprehensive Plan to remove
Goal 5 protection from Tigard Significant Wetlands and the riparian corridor surrounding
Fanno Creek in order to extend Wall Street across City of Tigard property and Fanno Creek to
his property. Sensitive Lands Review is required for proposed work within the 100-year
floodplain and wetlands. The applicant is requesting an adjustment to the street improvement
standards in order to construct a narrower street section than required by code. Tree removal
permits to remove trees within the sensitive lands were submitted under a separate application.
LOCATION: No address,Washington County Tax Assessor's Map 2S102DA,Tax Lot 690. No
address,Washington County Tax Assessor's Map 2S102DD,Tax Lot 100. 13560 SW Hall Blvd.,
Washington County Tax Assessor's Map 2S102DD, Tax Lot 200. No address,Washington
County Tax Assessor's Map 2S10100,Tax Lot 1200. ZONES: R-12: Medium-Density
Residential District. The R-12 zoning district is designed to accommodate a full range of housing
types at a minimum lot size of 3,050 square feet.A wide range of civic and institutional uses are
also permitted conditionally. R-25: Medium High-Density Residential District. The R-25 zoning
district is designed to accommodate existing housing of all types and new attached single-family
and multi-family housing units at a minimum lot size of 1,480 square feet. A limited amount of
neighborhood commercial uses is permitted outright and a wide range of civic and institutional
uses are permitted conditionally.
COMPREHENSIVE PLAN DESIGNATION: Medium Density Residential and Medium-
High Density Residential.
APPLICABLE REVIEW CRITERIA: Community Development Code Chapters
18.370, 18.380, 18.390, 18.510, 18.745, 18.775, 18.790 & 18.810;Comprehensive Plan Goals 1,
2, 5, 6, 7, 8, 11 & 12;Tigard Municipal Code Chapter 9;Metro Functional Plan Titles 3, 6 and
13; and Statewide Planning Goals 1, 2, 5, 6, 7, 8, 11 and 12.
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7. COUNCIL LIAISON REPORTS
On January 25 2011, Councilor Henderson will give an update on his attendance at the National
League of Cities Conference.
8. NON AGENDA ITEMS: None.
9. EXECUTIVE SESSION: Not held.
TIGARD CITY COUNCIL MEETING MINUTES — December 14, 2010
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ICJ 8:07 p.m.
10. ADJOURNMENT
Motion by Council President Wilson, seconded by Councilor Webb, to adjourn.
The motion passed by a unanimous vote of City Council present:
Mayor Dirksen Yes
Council President Wilson Yes
Councilor Buehner Yes
Councilor Henderson Yes
Councilor Webb Yes
Catherine Wheatley, City Recorder
Attest:
yor, City of Tigard
Date: C-�? ' li�
TIGARD CITY COUNCIL MEETING MINUTES — December 14, 2010
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