CCDA Minutes - 08/11/2009 Citof i ,'ard:
11 ark Business Meeting — Minutes
TIGARD CITY COUNCIL&LOCAL CONTRACT REviEw BO (LC
MEETING DATE/TIME: August 11, 2009/6:30 p.m. Study Session and 7:30 p.m. Business Meeting
MEETING LOCATION: City of Tigard—Town Mali, 13125 SW Hall Blvd., Tigard, DR 97223
d STUDY SESSION
Mayor Dirksen called the meeting to order at 6:30 p.m.
Present: Mayor Dirksen, Council President Wilson,Councilor Buchner,Counci
expressed was that ratlier than have the gas tax go away,to let it go dormant and have die authority
remora until another project comes up. House Bill 2001, the State Gas Tax package, increased the
state gas tax by 6-cents and does not go into effect until a certain number of months of increased
employment is recorded or January 2011,whichever comes first. The legislation also says that once
it goes to effect, cities cannot adopt a new gas tax and cannot make changes to existing ordinances.
If the City Council wants to make any revisions, there is a window of dine before HB 2001 goes
into effect, which is September 28, 2009. Tigard's financial advisor issued a memorandum
expressing concern about the provision offsetting any increase in state gas tax making it
complicated and more difficult for the City to borrow against the City gas tax. City Manager
Prosser said there will be one of two results: 1) We will not be able to sell bonds, or 2) We will pay
higher interest rate because of the additional uncertainty.
The question before the City Council is: Do you want to consider any changes to the Tigard gas tax
ordinance, and if so, what should be changed? Time is available on the August 18 workshop
meeting for a City Council discussion and consideration of changes. Tl-iis matter could be
scheduled on the August 25 agenda to pass an ordinance without an emergency clause. If
considered on the September 8 or 22 agenda,an emergency clause would be required.
Councilor Buchner said she wanted the ordinance to be "in shape" to make it easy for Bond
Counsel to bond. Mayor Dirk-sen said the reason the gas tax had die automatic sunset was to avoid
concerns that this tax, once instituted,would be forever. The Council wanted to show citizens that,
if the tax is imposed, the project would be done correctly and that the money was spent wisely. The
City could return to die citizens to ask to use this tool again if needed for another project. Since the
gas tax ordinance was adopted, State law has changed so the City could not do this as planned.
Mayor Dirksen said die Council might want to consider an adjustment to allow the City to continue
to do this. Councilor Buchner commented drat die petroleum industry did not work, toward a
statewide gas tax as they said they would. Council President Wilson also noted that die Council
assumed the distribution of the statewide gas tax was going to stay the same instead of earmarking
the funds using all the money for other places.
Mayor Dirksen said die Council might want the City Attorney to look at whether there is a way the
City could change die Language so that once we"ay off the current project that it not go away;
P
rather,it would go dormant until another project identified. City Attorney Rarnis said this has been
discussed and he thinks it is a possibility. He added that the City is now in an odd"Catch 22"witli
die ordinance saying there will be a reduction,but on the other hand, there is a deadline (because of
the legislation) after which there cannot be a reduction. City Manager Prosser further explaii-led that
die way that HB 2001 is written so that a City you cannot make changes to its existing gas tax
ordinance. The assumption was that a City could not increase the gas tax;however, this is not how
it is written. This would mean dint we cannot do away wide Tigard's gas tax,either.
City Attorney Ramis advised Councilor Buehner that his office would also consult the City's bond
counsel with regard to proposed amendments to the current Tigard gas tax ordinance.
o Information for Tonight's Business Agenda-
Agenda Item 3.3 — Staff learned that a resolution is required to indicate the City Council's
approval of the City entering into a Contract witli the Oregon Economic Development
Department to receive funds. City Council received a copy of die proposed resolution.
■ Agenda Item No. 4 — Proposed Ballot Measure — Bond Issue — To Preserve Clean Water,
Natural Areas,Wildlife Habitat.,
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* Revised Explanatory Statement - City Council received an advance copy in their Friday
newsletter packet.
* Written Testimony—City Council received acopy of the written testimony submitted.
• Agenda Item No. 5—Aquatic District Petition
• Council received a copy of the August 10 Financial Pro Forma from Finance and
Information Services Department Director LaFrance
* Council received a copy of the updated Feasibility Statement from Cheryl Berglund Coup6
in their August 7 City Council Newsletter.
* Written Testimony --City Council received a copy of the written testimony submitted.
• Agenda Item No. 8—Proposed Sensitive Lands Amendment to the Development Code
0 Written Testimony—City Council received a copy of the written testimony submitted.
o Administrative Items:
■ Direction to Staff Regarding Town Halls and Coffee Discussions (Alternatives to Fifth
Tuesdays) City Manager Prosser noted that in place of the September 29 Fifth Tuesday
mectin& the Council will be meeting in a brainstorm ng-type of meeting. Council agreed to
October 6 as the Town Hall meeting date. The second Town Hall will be scheduled oil June
29. Coffee meeting dates could be on Saturday, February 6, ,it 10 a.m. (before the
Neighborhood open house). The last Coffee date was discussed. Council supported the idea
of reserving a coffee house iii the evening and advertising this as an event in April.
■ Several City Council members agreed to volunteer to grill hamburgers and hot dogs at Family
Fest—September 12,5:30 p.m.
■ City Manager Prosser introduced the new Assistant Community Development Director Susan
Hartnett. She has worked as Director of Transportation Services at OH U, for the City of
Portland in the Bureau of Planning and Transportation, and she has worked as a private
developer.
EXECUTIVM- SESSION: 11-ie Tigard City Council went into Executive Session at 6:54 p.m, under
ORS 192.660(2) (e) and (i) to discuss real property transaction negotiations and the performance
evaluation of the chief executive officer pursuant to standards, criteria, and policy directives adopted
by the governing body,
Executive Session concluded at 7:25 p.m.
7:30 PNI
I BUSINESS MEETING
1.1 Mayor Dirksen called the meeting to order.
1.2 Roll Call
Name Present Absent
Mayor Dirksen
Council President Wilson
Councilor Buchner V/
Councilor Henderson
Councilor Webb
13 Pledge of Allegiance
1.4 Council Communications&Liaison Reports (See Agenda Item No. 10)
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1.5 Call to Council and Staff for Non-Agenda Items: None
2. CITIZEN COMMUNICATION (17wo Minutes or Less,Please)
0 Citizen Commi-mication
John Frew ng — 711O SW Lola Lane, Tigard requested clarification regarding what is the City's
obligation under the IGA between the City of Tigard and Clean Water Services to enforce and
apply the CWS design and construction standards in development ac iotis. Mayor Dirksen advised
staff would review and suggested a contact wid-1 staffat CWS to respond to Mr- Frewing.
Siavash Eslarnizar, 13')86 SW Hillshite Drive, Tigard, Oregon asked the City Council to extend its
support to "millions of Iranian people who are seeking basic human rights and to condemn the
ongoing violence, killings and human rights abuses that are clearly seen and reported by the media
worldwide. Mr. Eslarnirzar submitted written information to support his request and this
information is on file in die City Recordet's office. The written information includes proclamations
from Beaverton and Portland. Mayor Dirksen indicated the City Council would review the
information Mr. Eslamizar submitted and consider his request.
Brian Wegener, Tualatin Riverkeepers updated the City Council on projects his organization has
partnered with,the City of Tigard:
• For several years, Tigard has supported the Riverkeepers Trips and Tours outreach
program. This is the second week of their surru-ner Nature Awareness Day-Camp at Cook
Park. This has been a successful event.
• On Thursday is the environmental educational and paddle trip and picnic for the Hispanic
community.
• A Washington County Visitors Association grant will allow the Riverkeepers to buy a new
fleet of kayaks.
• Last October was the Connect the Drops Events, an educational event for elected officials
in the Tualatin Valley regarding low impact development. Mayor Dirksen and Councilor-
elect Henderson participated. Metro published Riverkeepers data for a map and guide to
low-impact demonstration projects in the Tualatin Valley. Several of these projects are in
Tigard. Metro has contracted wid-1 d-ic Riverkeepers to update this information and this has
been expanded to include Multnomah and Clackamas counties. Oregon State University
Extension is putting together an atlas of low-impact development projects in the state.
These techniques, which treat storinwater as a resource and reduce stormwater runoff and
pollution, are becoming more popular as it is understood how these projects perform. If
there ate any projects that City of Tigard staff or elected officials ate aware of,please let the
Riverkeepers know so they can place the project on the map.
Councilor Buchner noted the Cotnmunity Partners for Affordable Housing low-income
housing project in Tigard. Mr. Wegener confirined that they are working with CPAH.
7:45:29 IM
Mayor Dirksen reviewed the Consent Agenda:
3. CONSENT AGENDA-.
),I Approve City Council Minutes for June 9, 16,and 23,2009
3.2 Receive and File:
a. Council Calendar
b. Tentative Agenda
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3.3 Approve a Contract with the Oregon Econon-dc and Community Development Department
(OECDD) as Part of the American Recovery and Reinvestment Act (ARRA) Stimulus Program Worth
$4,796,000 and Authorize the City Manager to Sign the Contract. Res 09-54
3.4 Approve a Local Agency Agreement (No. 25,365) witli the State of Oregon: Surface Transportation
Program—Urban;SW Main Street: 99W to Rail Corridor
Motion by Councilor Buel-mer, seconded by Councilor Webb,to approve the Consent Agenda.
The motion was approved by unanimous vote of City Council present.
Mayor Dirksen Yes
Council President Wilson Yes
Councilor Bueliner Yes
Councilor Henderson Yes
Councilor Webb Yes
7:46:45 PM
4. PUBLIC HEARING ON A PROPOSED BALLOT MEASURE FOR THE NOVEMBER 3, 2009
ELECTION FOR A BOND ISSUE TO PRESERVE CLEAN WATER,NATURAL ARE AS,WILDLIFE
I-L,kBITAT
a. Mayor Dirksen opened the public hearing.
b. Staff Report:
Public Works Director Koellert-neier advised that the issue before the City Council tonight is the
consideration of a parks, open space and trails general obligation bond.
The City Council met in a July 21 workshop and received a presentation from josh Alpert with the
Trust for Public Lands. Mr. Alpertwas present to answer questions. Mr. Alperes analysis is based on a
scientifically accurate voter attitude telephone survey conducted in June. About 400 calls were made.
Mr.Alpert will share information he gleaned from the survey results.
Some of the questions that have come up for this matter have to do with the bond,the size, and those
kinds of issues. The size of the bond was determined based on the capital requirements that are not
assignable to growth in the recently adopted Park,and Recreation Master Plan. That Plan identifies
approximately$70 million over the next 20 years of acquisition,presetvation, and construction needs
for the connnunity. Of that,approximately$20 million is the component that is not assignable to
growth through the System Development Charge process, The City Council will go through a System
Development Charge update process later this year to deal with that remaining component of
implementing the Master Plan.
The action before the City Council is to conduct an informational public hearing to consider the
resolution.
Mr.Alpert advised of a potential change in the ballot language the City Council might want to consider
after taking public testimony. He suggested the words "wildlife habitat"be deleted from the caption
and.everywhere else d-troughout the ballot language. Instead, he proposed"unproved parrs" be
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inserted. This would give the voters a more round picture of the potential things that the proceeds of
the bond could be used for if was successful.in November.
Councilor Buchner said she noticed the revised Explanatory Statement draft removed the language
"acquire park land,develop parks and trails." Slee said this language seemed to be very important in
explaining what the City is hoping to accomplish. Mr.Alpert said he did not know why the language
was removed. Public Works Director Koeller cier advised the Explanatory Statement was reviewed by
both the City Attorney's office as well as the City's Bond Counsel. It was determined that this language
was not necessary;however,it could be added. City Attorney Ramis confirmed Public Works Director
I oellermeiees assessment of why the language was removed.
Council President Wilson said that when the Council established the goals for this year,this type of a
bond measure was considered. A lot has transpired since:then with regard to'the Towler property.
Trust for Public Lands has been assisting the City in obtaining this property.Trust for Public Lands also
assisted by taking the scientific survey, Council President Wilson said when he saw the results of the
survey,he was surprised about the importance of clean water to people. He is concerned that we do
not have any mention for actions for:clean water in our Park Master flan. Clean Water Services has
been the agency to take the initiative for clean water. Council President Wilson said he noticed"it came
on really strong in the Explanatory Statement and I am wondering if it doesn't respond a little too much
to the opinion poll and, perhaps mislead the public as to what we are really going to do with the
proceeds of the bond. I would rather not emphasize something that we don't have any capital plans for-
-•you could put it down as a potential benefit—but I don't see us building water duality facilities or
things like that with this or disconnecting things from the storm sewer system." He asked Mr.Alpert to
comment.
7;53:34 PIV
Mr.Alpert said the reason the clean water references were in the Explanatory Statement were for the
reason of looking at potential acquisition sites, many of which border on sensitive riparian lands.
Through the acquisition of those parcels,a benefit will be the preservation of creeks and streams that
those lands sit upon. When I'PL sees this in a master plan and d-i ough informal conversations with
cities, they interpret this as a signal that,indeed,a big benefit would be the preservation of clean water.
He said TPL did not anticipate building any type of wafer treatment facilities. He referred to the
Explanatory Statement language,"through the acquisition of sensitive lands near rivers,creeks,streams
and wetlands"—that truly was the parameter of TPL's thought-processfor including this language;
7:54:45 PM
Councilor Buehnet said she read the language the same way as Council.President Wilson did. She said
perhaps this language needs to be revised,
7:54:51 RNI
Council President Wilson said he dural:s that when the City Council had its goal-setting session,the City
Council goal was in response to the fact that Tigard is building out quickly and we want to preserve
some of these spaces for both open space/natural areas and developed parks. This would naturally
benefit wildlife and water quality—it would have multiple benefits as well as the preservation of
greenspaces,etc. Council President Wilson said the language carne across a little bit too strong for 1-din.
7:55:40 PM
Mayor Dirksen said he"kind of agree(s),but I would not want to necessarily strike the words 'preserve
clean water.' But,perhaps,just like on a food label,you need to put the things that are mostly in there
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fust and then the stuff that carnes later --later," Mayor Dirksen suggested moving"preserve clean
water" to the end and say,"This is to acquire park-Land, develop packs and trails,and protect natural
areas,lands near rivers,creeps and streams to preserve clean water." It would be one of the
goals/outcornes and why we are purchasing lands near rivers, creeks,and streams ;Haat is, to preserve
and protect clean water. Tlie language does not need to be struck out;it needs to be moved to its
proper position.
7:56:33 PM
Councilor Webb concurred with the Mayor's suggestion above.
7;56.41 PM
Councilor Hendersonsaidhe has a concern about'tl-�s fl-year bond. He said that as Tigard grows into
the tmincorporated Wasl-iington County,how do we guarantee that those people are paying for parks
and receiving parks? Public Works Director Koellenneier responded by saying that when"we'were
commissioned to do the Parlk,and Recreation Master Plan,it specifically did not include properties
outside the current city limits of the City of Tigard. This Master.Plan is designed to deal with current
city limits. As we will expand,those people become ratepayers and,thus,participate in retiiang any
debt through their taxes to use the parr systems that the City of Tigard has constructed."
7:57:53 PM
In response to a follow-up question from Councilor Henderson,Public Works Director Ioellermeier
advised that at the time citizens are annexed into the City of Tigard, they can use City of Tigard facilities
and,as taxpayers, they will participate in paying for them. The growth anticipated(reference System
Development Charges) is growth inside the city limits of the City of Tigard. Councilor Webb
cotTirnent d that anyone can use our park system now rep,rdless of where they live, Mayor Dirksen
added that people who moue to the City,even after the bond measure is place,help pay for the bond.
If the city limits grow,all of die new areas brought in would also begin paying for and supporting the
repayment of the bond.
7:59:013 Pier
City Attorney Ramis commented on process. Tire City Council has every right and the authority to
make changes in the docs anent,but there is a tuning issue, We are up against a deadline because of the
nuances of the tuning of the filings. The ballot measure should be ready by next Tuesday;august 18,
He recorrunended if the City Council decides to snake changes,a special meeting shored be called to
adopt die proposed ballot measure.
7:59:48 PM
C. Public Testimony
John Frewing,7110 SW Lola Lane,Tigard, Oregon testified. The Mayor noted that Mr.Ftewing was
signed up both as a proponent and an opponent of die measure. Mr. Prewing advised that he liked
some parts of the ballot measure,but did not like other parts of it.
Mr. brewing noted he had areas of agreement with Council President Milson and Councilor Buchner.
He said he thought clean water was the domain of Clean Water Services. While the purchases of these
lands nnight help clean water-,it is not the primary focus of Tigarrd's work. He commented that the
ballot title is limited to ten words. He said the ballot title ought to mention both natural areas and park
development. The natural areas help wildlife habitat and all of the park purchases help clears water"
because we are,required to manage stone water in accordance with Clean Water Services'rules.
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t
Additionally,he said there should be"high up"in the explanatory material something that says the
expenditures are intended to be roughly half-and-half in these regards. Without that kind of a
statement,Mr, Frewing said he thinks there will be people who would be concerned that all of the bond
proceeds would go for baseball fields and none into natural area habitat or they might feel it would be
the opposite extreme. Mr.Frewing said he thought if the explanatory material promised that roughly
half would go to park development and half would go to natm-al area acquisitions,it would be better.
8:02:39 Plvl
Mr. Frewing advised be provided written testimonyand submitted a copy to City Recorder Wheatley;
A copy of this testimony is on file with the:City recorder. A summary follows:
• The Park and Recreation Master Plan(Appendix C)has a list of potential projects and not one of
those is for natural area acquisition. This is why Mr. Frewing is concerned that"it is all going to go
into baseball fields." He is looking for a commitmentthat rougl-y one-half will go to park
development and one-half will go to natural-area acquisitions.
• The packet material indicates that the proposed bond money would be spent for acquisition,
development,preservation of parks natural areas,clean water,open space,and trails—leaving out
the concept of buying and protecting areas for wildlife habitat. Comprehensive Plan goals and elle
policies underneadn those goals specifically identify that some areas are going to be considered for
purchase for habitat protection. The words "wildlife habitat"ought to be included
8:04:00 PM
8 The packet material indicates that bond money will be used to leverage SDC funds. These funds
are not"big enough" to buy park spaces. The methodology (per the staffreport) for I7Cs is being
updated this year.. He urged the City Council to show its commitment by modifying both the
methodology and tine amount to maximize the amount of SDC funds that come in.
8:05:221'M
It People on Bull Mountain have complained that they do not have parks. There should be some
mechanism established so that when a new area comes in,it qualifies for parkland or open space
acquisition. By maliing a provision for this in the measure,the City would be showing good faith
for those people who might become Tigard citizens.
8:86:11 PM
,
Tlne Park aril recreation Master Planhasno provrsztons or regulations regarding natural areas and
wildlife habitat He urged the City Council to ask the PgAB to update,as soon as possible, the
Master Plan to include policy,needs and recommendations as specific as possible in tl-lis area—
acquiring natural areas and wildlife habitat; Witlxout that kind of additional update and background
information,he said"eve don't know whether this bond is too large or too small."
8:Q6.46 PM
■ The staff indicated the amount has been set based on the projects in the Park and recreation
Master Plan. The projects in tlne Master Plan do not include one natural area or wildlife habitat
accluisiton. He said he hoped City Council would direct the staff to improve the title and the
explanatory material as he does want to support the measure.
Council President Wilson commented that the Fowler property"is in there.." Mr. Fre"ving
acknowledged this as true. Mayor Dir:ksen said a large portion of this property will be preserved for
wildlife habitat, lvlr.Frewing referred to Appendix.C and the Fowler property is referred to as a
"Comrmunity Park." The definition of a community park indicates there are all kinds of human
interactions. Councilor Buehner said only a small portion of this property will be developed. Tlne
property is mostly wetlands and buffer area.
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Council President Wilson said.Mr;Frewing raises a valid point:;wile not entirely accurate;however,it is
something the City Council ought to consider.
Councilor Webb also pointed out drat xvi h the purchase of the Cache Creek property on Bull
Mountain, this area is die second largest park for the City of Tigard, Public Works Director
I oellermeier indicated this area is about 40 acres.
Troy Mears, 11680 SW 113"'Place,Tigard, Oregon advised he was a member of the Park and
Recreation Advisory Board, He expressed his support for the ballot measure. This is an investment the
City needs to make for its parks,open spaces,and natural areas.
Trish Swanson, 14585 SW Grandview Lane,Tigard, Oregon advised she is a member of Park and
Recreation Board. She is in favor of the gond measure. It is important that we access the SDC funds
as we move forward widn some of the capital development projects,acquiring die Fowler property,trail
maintenance,and trail development—this would be an important investment in our community.
Brian Wegener,Tualatin Riverkeepers, 12360 SW Main Street,Tigard, Oregon testified in favor of the
proposed bond.measure. He offered some history on measures in the area. Metro has run fl-tree
greenspaces bond measures. The first one did not pass and they learned many lessons,including the
need to be specific with,regard to the lands being targeted so that everyconstituency woLnld know d-iey
had"a piece of the pie;" He urged the City to make sure'that all interests are represented within the
bond measure language. He said the City of Tualatin has passed two similar measures, The last Bond
measure in Tualatin failed and he theorized it was because"they had a gold-plated recreation center that
was high-cost and did not have the fall tine support of the City Council." Mr.Wegener referred to
water quality and said he knows the City of Tigard is working on streamside restoration in
Sumrnerlake/Sumner Creek area. This is a willing landowner type of program. As"they move on,it's
cuing to be harder to find those cooperative landowners to let the City do restoration work." He said if
the City owns die property, "then you know you have a cooperative landowner." The benefits for
wildlife habitat and water duality are clear. He referred to cooperative efforts wid- Clean Water
Services.
8:12:55 PM
d. Council Discussion
Councilor Buehner recommended that"we tweak the language"of die first paragraph of the
explanatory statement. In response to a question from Councilor Buehner,City Attorney Ramis
advised that die complete package needs to be adopted at once. I Ie suggested that d-e City Council
give staff direction so they can prepare the changes and bring them back for consideration,
Councilor Webb said she was in agreement with the changes the Mayor was going to make.
Council President Wilson referred to the ten-word limit on tl3e caption. He said he agreed with Mr.
Frewing's comrrsents for die change:
"Bond issue to preserve natural areas and develop parks and trails." (11 words)
Mayor Dirksen suggested:
"Bond issue to preserve natural areas and develop parrs,trails." (10 words)
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Council President Milson said Nvith regard to the 50/50 split by Mr. Frewing;.he agreed in principle,but
he would prefer to use language such as "balanced between parks and..."---to avoid getting down to
"counting dollars."
Mayor Dirksen suggested the four bullet points in the Explanatory Statement be rearranged:
■ The acquisition of land for the creation..
■ The acquisition of natural areas...
r The acquisition of land and easements...
® The preservation of clean water-.
City Manager Prosser confirined with Mayor Dirksen that a similar change would be made to the first
paragraph of the Explanatory Statement to reflect that order.
8:17:5'1 Plvl
City Manager Prosser referred to the proposed Resolution's Exhibit A . The"Question"will need
some conforming changes to reflect the changes made to the ballot title. There is also a word limit for
the"Question," so staff will need to work on this, Consensus of the City Council was that staff could
work given the direction the City Council established on the caption wording and the wording changes
in the Explanatory Statement.
8:18:15 PM
Mayor Dirksen commented on Council President Wilson's reference about a"balance." He said he did
not see any place where this might be placed. He said he also wondered if it would be good to
reference the Park and Recreation Master Plan, saying that this would be the guiding document to
provide a balance. People could refer to the Master Plan to see what the City is intending to buy., (For
this change,the Mayor said he was looking at the last paragraph in Exhibit C,where it says
"Additionally all spending from this measure would be subject to oversight..." He said this language is
fine. However,we might want to say the spending would be guided byt ie City's Park System Masten.
Plan to provide a balanced system of parks and natural spaces.)
8:19:28 PM
Council President Wilson questioned whether the wording suggested by Mayor Dirksen might limit us
to follow strictly the Park Master Plan. Mayor Dirksen pointed out the teirn is"guided" by it.
8:19:39 PM
Councilor Webb referred to wording in the Explanatory Statement,stating"a significant portion of the
Tigard Park System Plan..." Mayor Dirksen said that wording would be all right.
8:19:52 PM
Council President Wilson said there are a lot of greenspaces in Tigard that are tracts left over from
development that are owned by the respective homeowners associations. He said he would guess that
many of those would be good trail locations,but they do not necessarily need to be purchased. Many
of those are not in the Master Plan. He said he would not want to be limited.
8:20:24 PM
Mayor Dirksen said it would be"dangerous to get too specific because,try as hard as we will, we cannot
predict the future. We do not know what lids of opportunities might apse or things thatwe would
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plan to do that might even be in the Master Plan,which for one reason or another—will not be
achievable. We need to be careful not to be too limiting."
8:20:4.4 PIV-1
Councilor Webb noted that in the second to the last paragraph,it says,"In the first year following its
passage,the 2009.—" She said the name of bond measure will need to be changed on this line,too.
8:21:15 PM
Public Works Director KoelleLineier agreed with the Mayor's observation that as we attempt to look 20
Wears into the future, the specificity gets "fuzzy." The Master Plan is put together with some level of
detail,but also has some flexibility. He said"—We are limited with word count. We cannot get
everyt1iing in those first two statements that everybody would like to see. I think you have done a good
job giving us the direction,and between staff and the City Attorney's office.. I'm hearing what we need
to make the adjustments."
8:22:16 PM
Mayor Dirksen closed the public hearing.
8:22:21 PiI
Mayor Dirksen advised the consideration of ffie resolution regarding the ballot measure is carried
foiward to August 18,2009,as a special meeting of the City Couticil. The City Council will not be
taking testimony,but will,be considering the language and considering the resolution.
8:22:44 PM
Council agreed to begin the meeting at 6 p.m. on August 18,2009, to consider this matter.
8:2138 PM
5+ CONSIDER APPROVING A PETITION PROPOSINGTHE FORMATION OF A SPECIAL AQUATIC
DISTRICT(TIGARD-TUALATIN AQUATIC DISTRICT)
a, Staff Report
Public Works Director Koellermeier and Finance and Information Services Department Director
LaFrance presented information on this agenda itern.
Public Works Director Koellermeier advised the issue before the City Council is a proposal to f6iman
aquatic district. City Council heard last month from concerned citizens who are proposing foil-nation
of a special district to fund operations of the Tigard-Tualatin School District pools. The School District
has determined that for financial reasons, they are considering closing one or both of the pools.
The citizen group was in attendance at the meeting, Public Works Director K oellermcier advised the
City Council received all the materials supplied by the citizen group as well as some additional List-
minute information supplied to the City Council during the Study Session. The formation of such a
district is governed by ORS 198. One of the steps in the process would be for the City Councils of all
of the cities affected by the special district to consider a resolution supporting such a formation.
8:25:40 PM
Finance and Information Services Department Director LaFrance advised there were some changes on
the financial information as originally proposed. Those changes included increases to some of the
expenses primarily related to staffing costs. Some of the revenues were decreased includitig the
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collection rate that was proposed on the property tax. After these changes,the Distract could be
supported with the 9-cents per$1,000 of assessed property value. A couple of concerns remained drat
fell outside a strict financial review. Much of the financial data depended on a certain amount of quid
pro quo between the School District and the.Aquatic District;no formed documents have been
drawn up. Finwice and Information Services Department Director LaFrance said he did not believe
these documents will be available for this stage of the process.
8:27:48 ISM
Cheryl Coupe, 15855 SW Windham Terrace,Tigard.,OR and Kathy Stallkamp, 17635 SW 131'Avenue,
Tigard, OR represented die supporters for the aquatic district.
Ms. Coupe said the process they have followed included hundreds of hours of work over the last four
months. They have come to the decision to create an aquatic district with the limited purpose of
preserving the two pools that already exist This is the most feasible solution given the strict timeline
before the pools are closed. District formation might not be the ideal path;however, they cannot
afford not to proceed. The supporters need the City Council to adopt die resolution before it. She said
they would be very happy to work with the cities involved to look at alternative options to determine if
there is another choice. She reviewed tlae timeline they are following,whicli is based on placing a
treasure,on the May 2010 election. They only have a few weeks to gather 7,000 signatures. The
boundary for the district is the Tigard-Tualatin School District boundary;they do not have time to
consider another boundary, The chosen boundary leaves out part of the City of Tigard(served by the
Beaverton School District.) Ms. Coupe said she understands that this area has been identified by
Tualatin.Hills Park and Recreation Distract(TI IPR.D) to provide future services. She said alae residents
of this area of Tigard would not be excluded from the use of the pools. As Tigard residents,they would
have complete use as would any other Tigard resident. When the Board is formed,they aright assess a
fee equivalent to the average tax that residents within the aquatic district boundary would pay (about
$20 a year or less). Another possibility would be to annex those residents into the district ata later tirne
ifTl-1PRD was not providing services to them.
Ms. Coupe advised that the aquatic district supporters have resolutions from Durham Ding City,
Tualatin and the Tigard-Tualatin School District. She referred to the draft Memorandum of
Understanding provided to the School District. Overall, they understand that the School District feels
comfortable with the direction the supporters are taking. They are also working with the Washington
County Commissioners. The pools are well-used resources. She requested the City Council support for
the proposed resolution.
8:33;12 PM
Mayor Dirksen advised the City Council would be considering a resolution approving the petition. Tl-us
is nota public hearing. He acknowledged a large audience of supporters of the aquatic distract in
attendance.
8:34:05 PM
Mayor Dirksen asked City of Tualatin Mayor Lou Ogden to report on the discussion held and the
decision by the Tualatin City Council Last night. Mayor Ogden rooted that he,Mayor Dirksen and
Councilor Webb attended the Washington County Board of Commissioners meeting this morning.
The Board raised a number of questions and concerns,which were similar to those raised by the
Tualatin City Council regarding forming a special district in the long term and how dais might conflict
with future aspirations for a parks and recreation district in Tualatin. The consternation is whether
there is a better way to proceed. Much discussion was held regarding whether there was a way to avoid
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going to the ballot in May and still accomplish the same objective. The conclusion reached was that the
ballet measure needs to go forward and be available. The Tualatin City Council approved a resolution
so the ballot measure remains viable as a tool to provide an opportunity for the citizens to decide
whedier they avant to fiend this district;
8:36:38 PM
Mayor Ogden reported on efforts in Tualatin for a Parks and Recreation District,which was not
approved by voters, if this bond measure would have passed, the City of Tualatin was prepared to fund.
the operational expenses through a park utility fee. He suggested the Tigard City Council consider
approving the proposed resolution and thea work with those who are interested in determining if there
could be alternative ftmding mechanism to keep the Tigard and Tualatin swimming pools open:
8.39:41 PM
Councilor Webb thanked Mayor Ogden for attending the'Waslington County Board of Commissioners
meeting today. She said it was educational to hear what the Commissioners had to say;she learned
some new things about what the ramifications of formation of an aquatic district. She agreed with
Mayor O den's suggestion for everyone to work together behind the scenes to come up with an
alter native to formation o€an aquatic distsiet. Size thanked all the supporters for their efforts and urged
them to work with the cities to determine if there is a better solution.
8:41:23.P
Councilor Buchner said she hoped a working group could be established. She said her biggest concern
is about the smaller partners and their:financial ability to participate. Mayor Ogden referred to the
support he has seen by representatives from King City.
b. City Council Discussion
8:43:11 PM
Council President Wilson reviewed his concerns. He said he does not live in the Tigard-Tualatin
School District,he is in the Beaverton School District. He said he is skeptical of non-essential services
being subsidized. He acknowledged that for a subsidy to work,not everyone who pays for the service
,,v ll use the service. He said he needs sotne sort of assurance that tlris is a good public policy citing the
difficulty for some people on fixed incomes to be able to pay additional taxes even though many others
night think it is a stnahh amount. Council President Wilson said he would not stand in the way of this
since voters can choose the services they want to receive;however,before fully supporting this effort,
he would lite to gauge overall public support. He commented on the,great volume of emsAs received
in favor of the aquatic district but cautioned that there are 50,000 residents and the City's Bolls have not
shown this type of service to be the priority in the community at large.
Councilor Henderson referenced the current economic climate that has:"put us into this situation." As
the economy comes back,he said he'dinks this would be a great way to subsidize our school system in
the future,helping both the students and the community in the end. He advised he would support the
proposed resolution.
Councilor Buelrner said she shared some of Council President Wilson's concerns. She said she was
disappointed that the School District made its decision to cut swimming pool funding,which supported
not only the schools but also was a community service. She said she believes the decision was
shortsighted. She spoke of her admiration of all of the citizens who have taken it upon themselves to
put together this proposal. Given the fact there is no gime to consider other captions, she advised she
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t
would support the proposed resolution. However, she said she hoped a different option could be
found to resolve the problem as she is concerned about setting up "so many little tnicro-dis tricts...so
many layers of bureaucracy..." She referred to her concerns for King City residents who already pay to
support two pools in their own corrununity.
Mayor Dirksen noted the volurnes of emails sent on this matter. He said the bottom line is,"we don't
want to lose the pools." He was appreciative of the work that citizens have done, taping positive action
to save the pools. Mayor Dirksen referred to other discussions whether this is the best way to do it
noting the proposal might represent a permanent solution to a temporary problem. While it might be
true that another solution might be identified, this would not take away from the work done by citizens
on the proposal before the City Council. In fact, "if it wasn't for the fact that you have stepped up and
done this, none of die cities or the County.. would be talldng about trying to find another
alternative.,," Mayor Dirksen thanked die citizens for what they have done and said he recommended
that the City Council not stand in the way of this path for funding the pools. If there is an alternative,
then"we who can do so,should work....[on] a parallel path to search for another solution that may be a
better one within the timeline that we have." He said he was willing to work on another solution and
he understands the City of Tualatin will do so also.
Mayor Dirksen advised the City Council would be considering Resolution No. 09-55 and clatified die
language under consideration is the proposed resolution recommended by the Tigard City Attorney,
Motion by Councilor Webb, seconded by Council President Wilson, to adopt Resolution No. 09-55.
RESOLUTION NO. 09-55—A RESOLUTION OF THE CITY COUNCIL APPROVING THE
PETITION PROPOSING THE FORMATION OF SPEC IAL AQUATIC DISTRICT,TIGARD-
TUALATIN AQUATIC DISTRICT
The motion was approved by a unanimous vote of City Council present.
Mayor DiA7sen Yes
Council President Wilson Yes
Councilor Buchner Yes
Councilor Henderson Yes
Councilor Webb Yes
8:53:59 PM
Council meeting recessed.
8:55:11 PM
Council meeting reconvened.
6. INFORMATIONAL PUBLIC HEARING—FORMATION OF SEWER REIMBURSE,MENT DISTRICT
NO. 45 (SW HOODVIE W DRIVE)
a. Open Public Hearing Mayor Dirksen opened the public hearing.
b. Declarations or Challenges: None
C. Staff Report- Community Development Department—City Engineer Duenas presented the staff
report. The report and presentation slides are on file in the City Recorder's office.
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In response to a question from Councilor Webb, City Engineer Duenas advised that no septic systems
are haling within the proposed district;however, some residents are concerned about their systems.
d. Public Testimony
Bill Carver, 10155 SW Hoodview Drive,Tigard,Oregon advised he supported the resolution to form
the district so sewer would be available to this area.
e. Staff Recorarnendation—City Engineer Duenas recommended the City Council approve the proposed
resolution to form the reimbursement district.
f. Council Discussion—Mayor Dirksen and Councilor Webb spoke in support of the proposed district
9- Mayor Dirksen closed the public hearing.
h, Council Consideration:
Motion by Councilor Buchner, seconded by Council President Wilson,to adopt Resolution No.09-56.
RESOLUTION NO. 09-56—A RE,SOLUTION ESTABLISHING SANITARY SEWER
REIMBURSEMENT DISTRICT NO. 45 (SW HOODVIEW DRIVE)
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, INFORMATIONAL PUBLIC HEARING—FORMATIONf OF SEWER REIMBURSEMENT DISTRICT
NO. 46 (SW BAYLOR STRE E-1)
a. Open Public Hearing: Mayor Dir r-sen opened the public hearing.
b. Declarations or Challenges: None
C. Staff Report. Community Development Department—City Engineer Duenas presented the staff
report The report and presentation slides are on file in the City Recorder's office.
In response to a question from Councilor Webb, City Engineer Duenas advised that no septic systems
are failing with in the proposed district.
In response to an inquiry from Mayor Dirksen,City Manager Prosser confirmed that no hens are placed
on properties within;a sewer reimbursement district. The reimbursement district's existence is recorded
and is a matter of public record.
d. Public Testimony
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An email communication was received from Dayle Beach noting his support of the sewer
reimbursement district.
Byron and Julie Wagar,-10160 SW Flillview Court,Tigard,OR (for Kaneko Waga,r, 14845 NW
Ridgetop Court, Beaverton, OR 97006) testified in opposition to the formation of the district. Their
property in the district is a small residential property and their current sewer situation is adequate. In
their written testimony, they asserted the proposed district was at the request of a developer and d-te
sewer was not wanted or needed now.
Phil Geutemann,7128 SW Gonzaga, Suite 100,Tigard,OR spoke in favor of the formation of die
sewer reimbursement district. Mr. Geutemann owns the property at 7106 SW Baylor Street and
initiated the request to form the district
In response to a question from Mayor Didisen,City Engineer Duenas advised that it would not really
be feasible to remove one property from the district.
Gene Jackson asked a question about a letter he received. Mr.Jackson was sent an incorrect letter for
tl- s commercial reimbursement district,which is not eligible for the incentive program,
9:22:23 PM
Catlie Connet, 14810 SW 106"'Avenue,Tigard, OR,advised she is representing someone who lives on
SW 727"Avenue. She said it seems that the sewer project was driven by the needs of one person,living
on SW Baylor,who went door-to-door soliciting support for this district. A promise was made to each
resident that they would not have to pay anything for the proposed sewer system. Residents later
learned that a promise of"no charge"was untrue. Concerns were expressed at the last meeting;many
who attended were unhappy. The expected charges were excessive and well above what many of them
could afford to pay. Many indicated they regretted signing the petition.
Ms. Conner outlined other major disruptions expected with a reimbursement district in the area:
• An excessive disruption to the traffic and access to homes on 7T d,Baylor,and Clinton,
• A significant bottleneck effect on 72"d Avenue,already a heavily-accessed street
• blooding on both Baylor and Clinton,which xvbl occur as a result of construction. (D-tis was
the experience with the construction on Dartmouth and 68`".)
• Excessive restrictions imposed regarding the maintenance and repairs that people will.be
permitted to make on d-teir septic systems once the sewer is in place. One of the items brought
up at the last,meeting was the fact that there will be severe restrictions if you have a problem
Nvidi your septic system once the sewer system is in place. People will be forced to come up
with a lot of money that they might not have,
• Excessive spending on a project at a time when people are out of work. This is a huge
expenditure and disruption. There is no building going on in this area due to the poor
economy. She questioned why a sewer system is needed now.
• No one knows when the economy will turn around and cited the news stories demonstrating
the economy remains down. People are having a difficti1t time right now and cannot afford to
look at this type of expense.
• The septic system works for them,but it would not support the commercial development. She
reiterated that no one is developing now. She maintamed leaving the septic system as is would
avoid the negative impacts (expense,disruption,roadway des truction/patching).
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Councilor Webb noted a concern about the person circulating the petition and whether he said it would
not cost anything. She explained that there is no cost if the property owner does not hook up to the
sewer.
T'lul Geutemani, 7128 SW Gonzaga,Beaverton, OR advised he was the one who took dhe petition
around for signatures. He said he was careful to explain that there would be no requirement to pay for
the sewer until connected. He understood that the cost of the sewer would be based upon either the
frontage or size of the lot. Everyone understood that:. S le referred to the meeting held and said he felt
alae majority of the people were in favor of forming the district. He said he thinks there is an advantage
to doing the sewer reimbursement district now. It will be less expensive to build the district this year
because of the economy. Many of the larger:contractors are not as busy now. Mr. Geute ann said
"another advantage., when you tun in the sanitary sever down Baylor or Cluaton, you are basically
double loading. In other words,youhavepeople on both sides paying for the sever,versus if one
property owner had to put it in...One lady at the meeting brought up the concern about the disruption
to the neighborhood and,I agree. But, the nice thing about it by doing it in the fall,we are not going to
have as much dust and,..if you are doing the project as one project,you are going to have less
disruption than if...an ongoing project over a number of years.—There will be some disruption,but it
is going to be less than what it would be if you delayed it over 2,3 or 4-year period." He reiterated he
was clear when he talked to the residents in the area.
Byron Wagar said that they would be incurring a C percent per year increase between:now and the time
they would choose to hoof.up. He said they ne also paying a clear water fee of about$500 per:year
and this will go up yearly. If the property owner parts off connecting to the sever,it will cost them a
fait amount of money each year. Mayor Dirksen acknowledged this was a good point.
City Engineer Duenas commented that if the property owner does not hook on within 15 years;then
die cost"will go away." If there is any sever failure without a sanitary sewer lure being there, the
system:will need to be replaced with another septic system or another system that would cost up t
$20,000. There will be an expense,regardless, if the system fails.
Mayor Dirk-sen commented on restrictions by Clean Water Services regarding septic systems. I Ie asked
if there was a restriction within the County even if them is no sewer present. City Engineer Duenas said
"..,-,You have to deal with it. If there is no way to get a sewer there, I think you probably have to put in
a sand filter of some kind...Ifyou are within 300 feet of an existing sever,you do have to look on." It.
is a countywide initiative to get off septic and into the sewer system.
9:35:08 PM
Councilor Buel-mer commented that application for the Target project has gone to the Planning
Commission. She asked if,as part of the conditions to build, they will have to do significant street
improvements along 72"`' Community Development Director Btuich advised that they will have to do
significant improvements to the transportation system.in the area,including 72"d Avenue. Councilor
Buchner cornrnented that the time to tear the sheet up to put in the sewer in would be before they do
that work,correct? Community Development Director Bunch said it would the logical time;
9:36:031111
Margaret Cook 7130 SW Baylor,Tigard, OR said their costs to hook up will be much higher than in
other districts because they all have daylight basements. Pumps would be required.
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In response to a question from Mayor Dirksen,City Engineer Duenas responded he was not aware of
an issue regarding depth. The area is"hard digging"in some sections and should be kept as shallow as
possible (hard rock and to keep the cost down). He said he was not aware of any basements not being
able to be served. if the property is developed from a commercial standpoint they should be able to be
served Because the connnercial entities will not have basements as the existing homes do. City
Engineer Duenas said this is a mixed-use ennployment area intended for commercial development and
lvgh-density residential—that is the future of the Triangle in this area.
9:37:59 P
Linda Darton, 7075 SW Clinton Street,Tigard,Oregon,said she has lived in the Triangle since 1962.
She said it is hard when you are a resident who lives in that area and have done so for years to watch the
zoning change. There are many residents present tonight and many who were unable to attend who are
opposed to the reimbursement district. She referred to the comment about this beinga,mixed-use area
—Baylor and Clinton are basically residential;it is not a commercial area:. She anticipated problems
during construction. T11ey park on the street. Many times they are"stuck" on their<street because of
the amount of traffic on SW 72"d Street that is backed up in the mornings and evenings.
9:39:35 PM
Mayor D rksen said he appreciated Ms.Dorton's concerns about access. He said he guaranteed
residents would have access during construction, He referred to two sever reimbursements that were
done behind his house at the same time and this caused some inconvenience accessing his property.
e: Staff Reconu-nendation: City Engineer Duenas advised that staff recommends that the City Council
approve the resolution forming Reinibursement District No.46,SW Baylor Street—'72nd Avenue.
9:40:23 PM
f. Council Discussion
Council President Wilson commented that formation of sewer reimbursement districts is somett-drig
that is being done throughout the whole City;it has been a long-term goal. Some property owners are
opposed while others are thankful for the sewer service. He understands this is a cost. If the property
owners can"wait it out}'it will not cost therm anything.
Councilor Iiuehner said she is sympathetic to those who are residents and concerned about the cost. If
the resident chooses not to hook up to the sever,the cost is deferred. However,the City is looking at
significant commercial development'unrnediately around this area over the next few years. There are a
number of pending land use applications for commercial buildings nearby. The underlying sewer issue
needs to be addressed. This district represents one of the last areas in the city to get sewer. This
program started in 2001. It is important to get the entire City hooked onto severs.
g: City Council Consideration:
Motion by Council President Wilson,seconded by Councilor Henderson, to adopt Resolution No. 09-
57
RE SOLUTION NO. 09-57 —A RESOLUTION ESTABLISHING SANITARY SEWER
RE,IMBURSEMENT DISTRICT NO. 45 (SW BAYLOR STREET ANIS 72ND AVENUE)
The motion was approved by a unanimous vote of City Council present.
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Mayor Dirksen Yes
Council President Wilson Yes
Councilor Buel ner Yes
Councilor Henderson Yes
Councilor Webb Yes
9:43:10 PM
8. CONSIDERATION OF PROPOSED ORDINANCE FOR A DEVELOPMENT CODE
AMENDMENT REGARDING SENSITIVE LANDS PERMIT REQUIREMENTS (IDCA008-00005)
TO REMOVE CRITERION THAT PROHIBITS PATHWAYS LOCATED WITHIN OR ADJACENT
TO THE FLOODPLAIN TO BE BELOW THE ELEVATION OF THE ANNUAL AVERAGE
FLOOD (18.775:070.8,5) (Continued from July 14, 2009.)
REQUEST: To remove Section 18:775.070.8.5 of the Sensitive Lands Peirnit requirements which reads:
"5. The plans for the Pedestrian/bicycle pathway indicate that no pathway will be below the elevation of an
average annual flood;". Removal of this section would allow pathways to be installed in areas which would
benefit the public's access to and educational appreciation of ecological areas. On April 6, 2009, the Planning
Commission recommended the City Council replace the subject section with "Pedestrian/bicycle pathways
within the floodplain shall include a wildlife assessment to ensure that the proposed aligrument minimizes
impacts to significant wildlife habitat." LOCATION: Citywide, COMPREHENSIVE PLAN
DESIGNATION— All City Comprehensive Plan Designations. ZONE All City Zoning Districts.
APPLICABLE REVIEW CRITERIA: The Statewide Planning Goals and Guidelines adopted under-
Oregon Revised: Statutes Chapter 197; [Goal 1, Public Involvement; Goal 2, Land Use Planning; Goal 5
Natural Resources, Scenic and historic Areas, and Open Spaces; Gaal 7, Areas Subject to Natural Hazards;
and Goal 8 Recreational Needs]; any federal [FEMA] or state statutes or regulations found applicable; any
applicable METRO regulations; [Metro Code Sections 5.07.300, Urban Growth Management Functional Plan;
and Title 3, Water Quality and Flood Management]; any applicable Comprehensive Plan. Policies; [Goal 1,.
Public Involvement; Goal 2,Land Use Planning; Goal 7,hazards; Geral 8,Parks,Recreation, Trails, and Open
Space]; and any applicable provisions of the City's implementing ordinances [TDC 18.130, 18.380, 18.390 and
18.775].
a. Mayor Dirksen announced this hearing is continued from July 14, 2009. Mayor Dirksen advised that the
public hearing had been closed;however,it is now recommended that the hear .i-ig be reopened to receive
testimony on the Code changes proposed by the City Council on July 14,2009. City Attorney Rarnis
confirmed that the City'Council had given direction to staff regarding changes in languages. Staff has
prepared the language changes and indicated the options for the City Councils consideration. The
hearing should be opened to address diose specific changes, City Attorney Ramis confirmed for Mayor'
Dirksen that among the comment letters received, there were letters that raised the question about
whether the proposal was in compliance with Metro's regulations. The City referred that question to
Metro and the August 11, 2009,email communication form Brian harper of Metro constitutes Metro's
response. Metra agrees xvidi the analysis of the City and disagrees with the claim that the City's proposal
violates Metro's rales. Mayor Dirksen paused the meeting to give the City Council members a few
minutes to review the written information supplied to the City Council.
9.46.30 PM
b. Staff Report: Associate Planner Pagenstecher:presented the Staff Report. The City Council packet
provided revised findings. A copy of the written staff report is on file in the City Recorder's office;
Associate Planner Pagenstecher referred to the written comments submitted most recently from Mr.
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Frewing and Ms.Beilke and distributed to the City Council. These corrunents are on file in the City
Recorder's office.
C. Public Testimony: Staff recommended that Council open the hearing to allow interested parties to
comment on the proposed changes to the code amendment. Testimony should be limited to only the
text changes proposed by Council at their July 14"' hearing and the revised findings in support of those
changes.
Brian Wegener signed in to speak,but declined to do so at this time.
9:47:45 PM
John Frewing, 7110 SW Lola Lane, Tigard, Oregon provided comment and suggested changes to what
staff has called "Option 3." A copy of Mr. Frewing's written testimony is on file in the City Recorder's
office.
d. Staff response to Mr. Frewing's testimony:
10:08:07 PM
Associate Planner Pagenstecher responded to the "clear and objective standards" issue presented by Mr.
Frewing, There are requirements for clear and objective standards. There is also the option for a
discretionary approval process. Cities are required to have the clear and objective standards, w1rich the
City of Tigard met with the sensitive lands code revision adopted in 2007. In addition, staff thinks that
this Development Cade amendment meets the Metro Code standards:
The implementing ordinance provisions of such a discretionary process specify that the property
owners have the choice of proceeding either under the clear and objective approval process,which
each city or county must have, and require a level of protection for enhancement of the fish and
wildlife that meets or exceeds the level of protection or enhancement that would be achieved
following the clear and objective standards.
Associate Planner Pagenstecher said with this section pertains to pathways in a floodplain. It is likely that
property owners and the implementers of the pathway will be the City. The level of protection is
significantly above that of the clear and objective standards previously adopted. Nowhere else is there a
requirement for a wildlife assessment. This proposal is consistent wid-1 the discretionary approval
process,which is provided for under the Metro standards.
Councilor Buelmer said she agreed with.Mr. Frewing's comment that we should be using the term ivildlife
babilat assessIvent all the way through instead of just saying jivildlife auessnyenl.
Associate Planner Pagenstecher said he would have to no objection to that He added that he agreed
with Mr. Frewing's observation that the wording should be cl,,uified to indicate that the designs for the
pathways shall include the wildlife habitat assessment. Both wording amendments would be diminimus
changes.
Community Development Director Bunch noted that Mr. Frewing made a comment about the Tualatin
River Basin Rules. The City complied witli the Tualatin River Basin Rules by adopting an ordinance in
2006. The City meets Metro requirements.
Mayor Dirksen declined Mr. Frewing's request to respond to the staff comments.
TIG ARD CITY COUNCIL/LCRB/CCDA MINUTES -AUGUST 11, 2009
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Brian Wegener of Tualatin Riverkeepets said he attended many of the Goal 5 meetings and
acknowledged that Council President Wilson also attended these meetings. A large part of that Tualatin
Basin plan is Clean Water Services' Design and Construction standards for vegetated corridors. He
described onsite niitigation and restoration standards that might address Mr. Frewing's concerns,
Constiucting a trail in this type of corridor may improve the habitat because of the wise and innovative
standards by Clean Water Services. Mr- Wegener said lie was initially concerned that some land not in
the stream corridor was in the annual flood area. After looking at the maps, he did not see anything that
would raise that concern. Clean Water Services Design and Construction Standards are included in the
Tigard Code by reference. 10:14:40 PM He said he did not know whether this would meet the clear and
objective standards; however he said he thinks the intent of the Tualatin River Basin group was to use
those as the clear and objective standards.
Council President Wilson said he supported the two small changes for clarification: "...pe'dexiliall1bigicle
palbivqy pirieax witbiti the flootolaia shall include a iviltllife habitat asseimieni That shone the piVposed ali e
,g/1)71/11
winiN)i,mr lbe ihipael toriolitficani avildlife habitat...
10:15:45 PM
City Attorney Ramis recommended that if the City Council voted to adopt the document to state in the
motion that Mi. Brian Harper's (Metro) comrnunicadon is included as part of die findings. City Attorney
Rarnis said he thought this communication contained a good description of Metro's interpretation of its
rules.
In response to a question from Councilor Buel-iner, City Attorney Ramis advised the City Council to
describe its intent in its motion to change ffie words;Pilch ife assesmient to )vildlijb babilat assessniellf.
10:16:31 PM
Motion by Councilor Buchner, seconded by Councilor Webb, for adoption of Ordinance No. 09-11,
including the dii-ninimus changes substituting ;,vildl#e habitat assessIvent for ;vildlfie assessivent and including,
Ile(lesli7aiilbigelepall))Pqypro eels... and also including Mr. H,,uper's memo dated August 11, 2009, as part of
the findings.
10:17:20 PM
City Recorder Wheatley read the following:
ORDINANCE NO. 09-11 — AN ORDINANCE AMENDING THE TIGARD COMMUNITY
DEVELOPMENT CODE SECTION 18,775.070.B.5, RE-MOVING A CRITERION WHICH
PROHIBITS PATHWAYS LOCATED WITHIN OR ADJACENT TO THE FLOODPLAIN TO BE
BE-LOW THE ELEVATION OF THE AVERAGE ANNUAL FLOOD AND, INSTEAD;
REQUIRE THAT THE PEDESTRIAN/BICYCLE PATHWAYS WITHIN THE FLOODPLAIN
INCLUDE A WILDLIFE *fHABITATI ASSESSMENT THAT SHOWS THE PROPOSED
ALIGNMENT MINIMIZES IMPACTS TO SIGNIFICANT WILDLIFE HABITAT WHILE
BALANCING THE COMMUNITY'S RECREATION AND ENVIRONMENTAL
EDUCATIONAL GOALS (DCA2008-00005),AS AMENDED.
*City Attorney Ramis advised the tide in the final version would be amended according to the motion.
Councilor Buehner agreed with City Attorney Ramis' that this was her intent with how the motion
should be worded.
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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
9. CONSIDER FORWARDING A REQUEST TO WASHINGTON COUNTY TO FORM CPO 4T
Assistant City Manager was available to answer questions as she prepared the staff report that is on file in the
City Recorder's office. Mayor Dirksen said he would tecorninend the resolution be modified to read:
A irsolillion of the Tig that tbe 117aihinglon Covnv Board oj*CoNvvissioners imot)e land ivilbin
,gai-d 00 Councilrequesfin
the Tigat-d Gfiniiisfivni CPO 4B and CPO 4M and consider ca-eatonof CPO 4T ivbid)iyould ivakepropi.ions the
aitimialic tran#e-r of property to CPO 4T
Assistant City Manager Newton said this was a good change since this'is a decision that is to be made by the
County and eve can only snake a request that they consider Tigares proposal. Mayor Dirksen said a possible
outcome of this would be that the City would be removed without another CPO being formed.
Council President Wilson noted that Councilor Henderson had requested this Consent Agenda Item be
removed for separate consideration due to his concerns. Councilor Henderson said lie was concerned that
removing the City of Tigard would devastate CPO 4M and leave those people without much of a significant
area. He also referred to the Durham area that would be impacted. Councilor Henderson said he has had
conversations individually witli City Council members regarding past problems. He said he would prefer that
more discussion be held and said this looks to be divisive action. He noted that Commissioner Rogers said
he was agreeable to discuss this matter. Councilor Henderson questioned whether this action was a step
forward to achieve a compromise or whether it was divisive. He commented that the CPO's role was only for
information gathering.
Mayor Dirksen said he could see where Councilor Henderson was coining from on several of his concerns.
Mayor Dirksen referred that this was why he recormnended the wording changes for the resolution as this
would open the door for dialogue. He said he was particularly sensitive to the possible plight of the Durham
area and also for CPO 4M. Mayor Dirksen noted CPO 4M sent a letter. Councilor Henderson said CPO 4M
,vas only saying they were neutral on flus at this time;they were not saying"we are neutral forever—" They
clarified in their letter they were neutral because they would not be able to discuss this matter for a couple of
months.
Councilor Buchner said she has been heavily involved in the CPO process advising she was one of the founders
of CPO 4K,wlich broke off from 4B in about 1996. Tlie area served by CPO 41,,'-is approximately the sat-ne
size or smaller of what would remain in 4B. The CPO process was set tip by the County a long time ago when
the County was much smaller. The County has not done an update on the CPO's for at least 20 years. A
couple of the CPO's that exist are huge—in excess of 100,000. This is an untenable number of people to
function as a neighborhood organization. Councilor Buchner strongly agrees that the City should follow
Beaverton's leadership and pull out because we have our own neighborhood associations. The primary job of
CPO's is to get information out to citizens and to provide an opportunity for citizens to get information back to
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their local government This could certainly be served by die City neighborhood associations whether or not
people participate with another CPO.
Councilor Henderson asked if the neighborhood associations give their information to the County? Councilor
Buchner and Councilor Webb both said"yes." Council President Wilson said the associations should send
information to die County. He agreed this is divisive—it is literally dividing die CPO in half and that is
intentional, Council President Wilson said itis his view that Tigard, through its neighborhood organizations,
has not made its interests known to the extent that they should to die County Commissioners. Typically,
Tigard citizens corse to the City for their concerns. The County tends to think that we are not interested in
County issues;d-tis has been a bad thing and it would be a good opportunity to try to rectify this.
Assistant City Manager Newton referred to the map, Tigard is in two CPO's. If we had a CPO 4T or a more
concerted effort on the part of the neighborhoods then matters of concern might be brought forward to the
County by an organized group of Tigard citizens who are not split in two CPO's, or we encourage more
participation through die neighborhood organizations. Perspective on issues might be different depending on
whether you live in or outside of ffie City. Having a CPO 4T consisting of citizens in Tigard might encourage
citizens to go to the County directly on issues. Now because of the way the current CPOs are split,Tigard
citizens are going to the Metzger CPO or CPO 4B. This proposal might be a good way for the County to have
a link to the citizens of Tigard.
Council President Wilson commented that when the neighborhood organizations were set up in Tigard,we
drew the boundaries mostly based on school boundaries,recognizing that people whose cl-dldren attend the
same school have certain things in coinmon. Tl-ie County divisions are arbitrary and obsolete. The change
proposal to form a common political botuicbn-y makes sense.
Councilor Webb said she asked for this matter to be considered by die City Council, She said she feels that
divisiveness has occurred in the past She said the neighborhood associations were set up for better
communication with our citizens. Beaverton did the same thing. Their citizens are not in a CPO but they are
in neighborhood associations. Their citizens are better informed and attend more City Council meetings
regarding issues of concern to them.
Councilor Henderson said he believes there is a reason for both the neighborhood associations and the CPO's.
Councilor Buehner said there have been multiple requests to the County to update the CPO process and divide
the CPOs so d-iey would be smaller and die CPOs would more closely resemble the CPOs in the beginning.
Councilor Henderson said this should be discussed first:and reiterated his concerns. Councilor Buehner
responded to a comment by Councilor Henderson and said that most of the Metzger community is not in the
City of Tigard.
Motion by Councilor Webb,seconded by Councilor Buchner, to adopt Resolution No. 09-58,with the change
proposed by Mayor Dirksen.
Mayor Dirksen read the number and title with changes he proposed:
RE SOLUTION NO. 09-58 --A RESOLUTION OF THETIGARD CITY COUNCIL RE,QUESTING
THAT THE WASHINGTON COUNTY BOARD OF COMMISSIONERS'REMOVE LAND WITHIN
THE TIGARD CITY LIMITS FROM CP04B AND CPM AND CONSIDER CREATION OF CP{ 4T
MAKING PROVISION FOR THE- AUTOMATIC TRANSFER OF PROPERTIES TO CP04T AS THEY
ARE ANNEXE D TO TIGARD CITY LIMITS
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'I'lle motion was approved by majority vote of City Council present.
Mayor Dirksen Yes
Council President Wilson Yes
Councilor Buchner Yes
Councilor Henderson No
Councilor Webb Yes
10. COUNCIL LIAISON REPORTS
Councilor Webb advised she was elected Chair of Corru-nunity Development Block Grant for the next 1-1/2
years.
10:34:25 PM
Councilor Buht-terasked Mayor Dirksen,and he agreed, that she would have an opportunity to make a
presentation at next week's workshop meeting on the urban and rural reserves process. She would like to
update the City Council before the August 20 public hearing:
it NON-AGENDA ITEMS
10,35:03 PM
12. ADJOURNMENT:
Motion by Council President Wilson, seconded by Councilor.Webb, to adjourn the meeting.
The motion was approved by a unanimous vote of Council present.
Mayor Dirksen Yes
Council President Wilson Yes
Councilor Bueliner Yes
Councilor Henderson Yes 4
Councilor Webb Yes
'C-ztherine'Wheatley, City Recorder
Attest;.
Mayor,,City of Tigard
Date: V, r r7
1:\ADNI\CA'I'IIY\CC14f\2009\090811 final,doc
TIGARD CITY COUNCIL/LCRB/CCDA MINUTES —AUGUST 11, 2009
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