City Council Minutes - 12/28/2010 City ofTigard
® Tigard Business Meeting — Minutes
TIGARD CITY COUNCIL AND LOCAL CONTRACT REVIEW BOARD
MEETING DATE AND December 28, 2010 - 6:30 p.m. Study Session; 7:30 p.m.
TIME: Business Meeting
MEETING LOCATION: City of Tigard - Town Hall - 13125 SW Hall Blvd., Tigard,
OR 97223
6:30 - 7:15 PM
COUNCILOR SYDNEY WEBB RECEPTION
HONORING HER FOR HER YEARS OF SERVICE AS
TIGARD CITY COUNCILOR
2003 TO 2010
1. BUSINESS MEETINGqq
A. Call to Order by Mayor Dirksen at 7:32 p.m. a�°J
B. Roll Call
Name Present Absent
Mayor Dirksen ✓
Council President Wilson ✓
Councilor Buchner ✓
Councilor Henderson ✓
Councilor Webb ✓
C. Pledge of Allegiance
D. Council Communications &Liaison Reports s
E. Call to Council and Staff for Non-Agenda Items
_=J See Item No. 8
2. CITIZEN COMMUNICATION 09
A. Follow-up to Previous Citizen Communication -- None.
B. Citizen Communication—No one signed in to speak.
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,=J Mayor Dirksen reviewed the Consent Agenda:
3. CONSENT AGENDA:
A. Approve City Council Meeting Minutes
1. September 21, 2010
2. October 19, 2010
B. Receive and File - Safety and Wellness Awards Received From League of Oregon Cities and
City County Insurance Services
C. Appoint Cameron James and Christopher Henn to the City's Budget Committee and
Melody Graeber as an Alternate Budget Committee Member
RESOLUTION NO. 10-73 --A RESOLUTION APPOINTING CAMERON JAMES
AND CHRISTOPHER HENN TO THE BUDGET COMMITTEE AND
APPOINTING MELODY GRAEBER AS AN ALTERNATE MEMBER
D. Approve Amendments to Extend Contracts for City Attorney and Labor Attorney Services
E. Acquire Property for a Segment of the Fanno Creek Trail (Grant Avenue/Main Street)
RESOLUTION NO. 10-74 -- A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF TIGARD, OREGON DECLARING THE NEED TO ACQUIRE PROPERTY
FOR THE PURPOSE OF COMPLETING THE GRANT AVENUE/MAIN STREET
SEGMENT OF THE FANNO CREEK TRAIL IN THE CITY OF TIGARD AND
ASSOCIATED GREENWAY AND AUTHORIZING IMMEDIATE POSSESSION OF
THE PROPERTY
F. Authorize the Sale of General Obligation Bonds for Parks and Refund Outstanding Bonds
RESOLUTION NO. 10-75 --A RESOLUTION OF THE CITY OF TIGARD,
WASHINGTON COUNTY, OREGON,AUTHORIZING THE SALE OF GENERAL
OBLIGATION BONDS IN ONE OR MORE SERIES TO ACQUIRE, PRESERVE
AND PROTECT OPEN SPACES,WATER QUALITY, HABITAT,AND PARKS AND
TO REFUND OUTSTANDING BONDS
G. Local Contract Review Board:
1. Authorize the City Manager to Execute Change Order Number 12 for the Burnham
Street Improvement Project
02 Motion by Councilor Webb, seconded by Council President Wilson, to approve the Consent
Agenda.
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Councilor Buehner advised she was absent from the October 19, 2010 meeting and would
abstain from voting on the minutes for that meeting.*
The motion was approved by a unanimous vote of City Council present.
Mayor Dirksen Yes
Council President Wilson Yes
Councilor Buehner Yes* (Abstained from voting on the 10/19/10 minutes.)
Councilor Henderson Yes
Councilor Webb Yes
4. CONSIDER A RESOLUTION AMENDING THE MASTER FEES AND CHARGES
SCHEDULE TO INCREASE WATER SYSTEM DEVELOPMENT CHARGES (SDC's)
� ---J Staff Report
Utility Division Manager Goodrich presented the staff report, which is on file with the Council
packet materials. The City's consultant has completed a comprehensive water financial plan,
which included a Water System Development Charge (SDC) Update.
The Homebuilders Association provided previous testimony regarding their request for a four-
step, three-year phase-in of the fees and charges proposed through the new methodology.
The Intergovernmental Water Board has recommended no phase-in of the changes under
discussion. The Board further recommended that if the City Council was to consider a phase-in
as requested by the Homebuilders Association, that Council adopt a three-step, two-year phase-
in as proposed by city consultants. A December 13, 2010, memorandum from Red Oak
Consulting was presented to the City Council in the packet meeting materials regarding the
phase-in.
Utility Division Manager Goodrich reviewed the key elements of the effect of implementation of
the resolution.
Mayor Dirksen noted this is not a public hearing. Upon consent of the City Council members,
Mayor Dirksen granted Mr. Ernie Platt's request to address the City Council.
• Ernie Platt, Director of Local Government Affairs, Homebuilders Association, 15555 SW
Bangy Road, Suite 301,Lake Oswego, Oregon 97035:
o Referred to written materials submitted two weeks ago to the City Council and said
they are still valid and relevant.
o Referred to the phase-in schedule of the concept.
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■ These are terrible economic times. Any kind of an increase makes it more
difficult for anyone to get a development or project underway.
■ The proposal is for an approximate $4,400 increase for a single-family house.
• Suggested the increase be implemented in four equal steps over a three-year
period; that is, approximately $1,100 upon the effective date of the resolution
and a like amount in each of the following three years.
• Pointed out that at 100 single-family building permits per year over the next
four years, the difference in revenue to the City between a two-year and a
three-year phase-in is about$220,000. This is a reasonable sum of money.
• Urged the City Council to consider his proposed phase-in.
Council comments..
• Councilor Buchner said she understood-Mr. Platt's position and agreed that his proposal was
not a lot of money. She said it was more of an issue with how this would appear to the
residents who are taking a huge increase this year. She was concerned about fairness and
questioned whether city residents would be taking more than their fair share of the rate
increase over the next three years.
o Mr. Platt responded that weight should also be given to the impact of the increase if
it causes multiple people to decide not to go forward with development. Then, the
City would receive nothing.
• Mayor Dirksen advised he respects the recommendation of our partners in the
Intergovernmental Water Board. He referred to the IWB's position that if there was to be a
phase-in, then it should be limited to two years. He would choose the two-year phase in.
• Council President Wilson said raising rates is not the same as collecting revenue. A higher
rate might deter some people from building and this particular recession is such that we do
not need additional disincentives. Revenue projections are essentially a guess. He said he
would support a slower phase-in because as development normalizes, the revenues will begin
to increase. He said he does not see the same issue as stated by Councilor Buchner for
fairness between residents and builders, because our future residents will be buying homes
and these charges will be passed onto them. The proposal is not really for or against
developers,it is about builders producing a product that is sold to our future neighbors.
Ultimately, the money all comes from the same place. The question is whether the City will
agree to phase-in the increase. He said he supports a three-year phase-in.
• Councilor Webb referred to her advocacy of affordable housing since 1995. In reviewing
the fees related to housing,it will not be possible for people to purchase these homes who
make 50% of median income. At the same time, she said she wants to see building move
forward in the City of Tigard and she does not think there will be very many homes built
over the next couple of years. She said she was supportive of the same option as Council
President Wilson.
• Councilor Henderson said the phase-in appears to be a good incentive program to allow
people to budget for this. He would support Option 3 as described by staff. He was in
favor of anything the City Council could do to help turn around the economy.
• Mayor Dirksen noted the resolution before the City Council was written with a two-year,
three-step phase in. Utility Division Manager Goodrich advised staff anticipated the City
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Council might want to consider one of the other options and he distributed an Exhibit A
q that could be attached to the proposed resolution enacting Option 3.
Council motion to consider a change to Exhibit A of the proposed resolution:
Motion by Council President Wilson, seconded by Councilor Webb, for a three-year, four-step
phase in as defined in Exhibit A. (This exhibit was presented by staff during the meeting and
replaces the exhibit that was attached to the proposed ordinance.)
The motion was approved by a majority vote of City Council present.
Mayor Dirksen No
Council President Wilson Yes
Councilor Buchner No
Councilor Henderson Yes
Councilor Webb Yes
Motion by Councilor Webb, seconded by Council President Wilson, to approve Resolution No.
10-76.
RESOLUTION NO. 10-76 --A RESOLUTION TO AMEND THE MASTER FEES AND
CHARGES SCHEDULE,AS ADOPTED BY RESOLUTION 10-30,TO INCREASE
WATER SYSTEM DEVELOPMENT CHARGES
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
5. CONSIDER ORDINANCE AUTHORIZING ISSUANCE OF WATER REVENUE
BONDS
,�'`I Finance and Information Services Department Director LaFrance presented the Staff Report.
On November 9, the City Council approved the Water Financing Plan and the Water Fees. The
City Council just approved the System Development Charges amendments. The proposed
ordinance would authorize the issuance of Water Revenue Bonds for a total not to exceed
$160,000,000. This action would finance capital improvements to the City's water system,
including but not limited to,water facilities included in the Water Rate Study adopted by Council
on November 9, 2010 in Resolution No. 10-58.
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Mayor Dirksen asked for City Council comments. Councilor Webb said that this is a required
step. The City has planned for this and she added that the City of Lake Oswego would be doing
the same thing.
Mayor Dirksen said that doing this in a timely fashion is important. The coming year needs to
be a year of planning and construction to have the system functioning by the time our contract
with the City of Portland expires in 2016.
Councilor Webb said it appears that this will be a good year to acquire favorable rates and
Council President Wilson added that it is good timing to construct projects and anticipates we
will receive very good bids this summer.
Mayor Dirksen advised the ordinance is written as a "not to exceed" insofar as we are not
compelled to sell bonds in the total amount. We will only sell bonds in the amount necessary to
move forward with the project.
Councilor Buchner said the bonding will fund projects in the five-year plan for the City of
Tigard, most of which are for the water partnership. Some of the projects are for other needed
updates as well.
81 Council consideration: Motion by Councilor Webb, seconded by Council President Wilson, to
adopt Ordinance No. 10-19.
ORDINANCE NO. 10-19 --AN ORDINANCE OF THE CITY OF TIGARD,
WASHINGTON COUNTY, OREGON,AUTHORIZING THE ISSUANCE OF WATER
REVENUE BONDS FOR A TOTAL OF NOT TO EXCEED $160,000,000
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
6. UPDATE ON AMENDING THE CITY'S CITIZEN INVOLVEMENT STRUCTURE
AND APPOINTING THE PLANNING COMMISSION TO SERVE AS COMMITTEE
FOR CITIZEN INVOLVEMENT
!J Assistant Community Development Director Hartnett presented the Staff Report. She reviewed
the City Council action on November 23, 2010,when it adopted Resolution No. 10-62.
On November 23, 2010, Council passed Resolution 10-62. The actions approved in
this resolution included:
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1. Appointing the Tigard Planning Commission as the state required Committee for Citizen
Involvement (CCI) for land use planning related matters and,if needed, directing City staff
to amend the Tigard Municipal Code to reflect this change;
2. Amending the bylaws and modifying the charge statements of other boards, commissions,
and committees to specifically require citizen involvement as part of their responsibilities;
3. Modifying the bylaws of the then existing Committee for Citizen Involvement to transform
that committee into the Council advisory committee for the Neighborhood Network
Program; and
4. Authorizing the City Manager to sign and send a letter to the Department of Land
Conservation and Development (DLCD) notifying their Communications Officer of these
changes.
The letter was sent on December 1, 2010. The appointment of the Planning Commission as the
CCI for land use was reviewed by the Citizen Involvement Advisory Committee (CIRC),which
advises both DLCD and the Land Conservation and Development Commission (LCD.
Assistant Community Development Director Hartnett participated in the CIAC meeting on
December 16, 2010,via telephone. The CIRC has no issues with what the City of Tigard is
proposing. In fact, the CIAC is very excited that we are asking all of our Boards to include
citizen involvement in their charge statements. The CIAC's authority only extends to land use
decision making but all of the members of that committee are interested in citizen involvement
in local government decision making. The CIAC has asked Tigard staff to report to them in
about a year to let them know how it is going.
Council Comments.
Council President Wilson commented that citizen involvement is required in state law and is one
of the goals of the LCDC. It can become just another "box that you check off." The goal is to
have involved citizens. The City of Tigard recognizes the importance of raising leadership in the
City to carry on when City Council members leave. Council President Wilson said he thinks that
a city that has lots of involvement by its citizens is what makes a good city. We are always trying
new things to get people involved. He hopes that the effort does not become institutionalized
but proves to be a way to engage people in their community.
41 Councilor Buehner said she is excited about this opportunity. She asked Assistant Community
Development Director Hartnett if she thought the CIRC might encourage other cities to do the
same thing. Assistant Community Development Director Hartnett said the members might do
so in their professional roles but not in their role within the CIAC given that their authority is
limited to land use decision making.
0 Councilor Henderson asked if all of the Planning Commissioners would participate. Assistant
Community Development Director Hartnett advised that the entire Planning Commission
would make up the CIRC. The Planning Commission members all participated in training.
..Councilor Henderson asked how a visitor could give input to the CIRC. Assistant Community
Development Director Hartnett said this was a good question. There will be no public hearing
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on items before the Committee. She said she believed the Planning Commission would be open
to taking input from the community if there are concerns and would respond.
Mayor Dirksen referred to the upcoming High Capacity Transit public input process and the
need for the CIRC to solicit engagement from the public.
19 Councilor Buchner suggested that the CIAC include a regular item on the agenda for citizen
comments.
Mayor Dirksen suggested times be identified where public comment could be solicited either
before or after discussion on the CIAC agenda.
QMayor Dirksen referred to Council President Wilson's comments about the citizen involvement
process. He said that the citizen involvement process is in constant flux. Prior to his service on
the City Council, he was a facilitator in the City Involvement Team (CIT) program. As time
passes, no matter how good a program is,it becomes pro forma;it gets stale. Changing the
process periodically stimulates new conversation and encourages new people to participate.
7. COUNCIL LIAISON REPORTS - None
0,
8. NON AGENDA ITEMS
A. CONSIDER RESOLUTION APPROVING THE SUBMTTAL OF A REQUEST FOR
RECREATIONAL TRAIL GRANT PROGRAM FUNDS
,01 Assistant Community Development Director Hartnett presented the staff report,which is on
file with Council packet materials. The grant would partially fund the construction of the
Woodard Park/Grant Avenue portion of the Fanno Creek Trail.
Motion by Council President Wilson, seconded by Councilor Buchner, to adopt Resolution No.
10-77.
RESOLUTION NO. 10-77 --A RESOLUTION AUTHORIZING THE SUBMITTAL
TO THE OREGON PARKS AND RECREATION DEPARTMENT OF A
RECREATIONAL TRAIL PROGRAM GRANT TO PARTIALLY FINANCE THE
CONSTRUCTION OF THE WOODARD PARK/GRANT AVENUE SEGMENT OF
THE FANNO CREEK TRAIL
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
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Councilor Webb Yes
J
B. CONSIDER APPROVING RIGHT-OF-WAY ACQUISITION FOR BURNHAM
STREET - FRONTIER COMMUNICATIONS NORTHWEST, INC. (FORMERLY
VERIZON)
8 Assistant City Manager Newton presented the staff report,which is on file with Council packet
materials. Staff requested City Council approval of right-of-way acquisition for the Burnham
Street project from Frontier Communications Northwest Inc. for $67,603. This property
acquisition will widen the right-of-way of Burnham Street by 15 feet so that there is adequate
land for the wider street and sidewalks. The right-of-way agreement consolidates the driveways
for the Frontier property with the Motsumoto property
HMotion by Councilor Buehner, seconded by Councilor Webb, to approve the right-of-way
acquisition for Burnham Street with Frontier Communications Northwest.
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
29"
➢ Councilor Webb's final City Council meeting.
Mayor Dirksen called attention that this is Councilor Webb's final meeting as a Tigard City
Councilor. He said he will miss her and noted his appreciation for her service on the City
Council. He acknowledged her passion and concern for the City along with the breadth of
knowledge she possesses.
Councilor Buchner said the Council would miss Councilor Webb's expertise on issues relating to
affordable housing, the homeless, and those with disabilities. She thanked Councilor Webb for
her years of service.
Council President Wilson said he was in agreement with the remarks from Mayor Dirksen and
Councilor Buehner.
9. EIZECUTIVE SESSION: Not held.
R8:19 p.m.
10. ADJOURNMENT
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Motion by Councilor Webb, seconded by Councilor Henderson, 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
Ct-F
Catherine Wheatley, �'Ci Recorder
Attest:
ayor, City of TigaFS
Date: 02 • '?•'P y 1 1
TIGARD CITY COUNCIL MEETING MINUTES — December 28, 2010
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