City Council Minutes - 08/05/2008 Agenda Item No. ,
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TIGA.RD CITY COUNCIL
MEETING DATE AND TIME: August 5,2008—6:30 p.m.
MEETING LOCATION City of Tigard—Town Hall, 13125 SW Hall Blvd.,Tigard,OR 97223
1. SPECIAL MEETING
1.1 Mayor Dirksen called the meeting to order. 6:31:46 PM
1.2 Deputy Recorder Prager called the roll.
Present Absent
Mayor Dirksen
Councilor Buchner
Council President Sherwood
Councilor Wilson.
Councilor'Woodruff
Staff present: City Manager Prosser, Public Works Director X-oellermeier, Assistant City Manager
Newton, Community Development Director Coffee, Senior Planner Wyss, Associate Planner Floyd,
Human Resources Director Zodrow and Deputy Recorder Drager.
1.3 Pledge of Allegiance
14 Council Communications&Liaison Reports
1.5 Call to Council and Staff for Non-Agenda Items
City Manager Prosser noted that there would be an Executive Session at the end of the meeting to
discuss the city manager position review and that he would not be in attendance,
Councilor Buchner announced that her son.,josh Inman is rowing in the Olympics and the finals will be
Sunday, August 17 to be televised sometime in the 7:00 pm-midnight timeframe. Mayor Dirksen
remarked that the list of Olympic athletes from Oregon is truly impressive.
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2. CONSIDER A RESOLUTION APPROVING THE INTERGOVERNMENTAL AGREEMENT
REGARDING WATER SUPPLY FACILITIES, DESIGN, CONSTRUCTION AND OPERATION
WITH THE CITE OF LAKE OSWEGO AND AUTHORIZING= THE MAYOR TO EXECUTE THE
AGREEMENT
6.34.09 PM Public Works Director I oellermeier introduced this item. He said this agreement is'a monumental
one for the City and: one they have been working on for a long time. He noted that the cities of Tigard and
Lake Oswego have been working towards a water partnership for many years and several'I d City Councils
have identified this as one of their long-term goals. He presented a PowerPoint summarizing the Agreement
between the cities of Tigard and Lake Oswego. A copy of the presentation is in the City Recorder's office.
The agreement before Council would make several improvements to the existing Lake Oswego water system
including:
e Expansion of the water treatment facility
• Replacement of the e,-,dsdng river intake
• Construction of reservoir as part of Phase Two
• Upsizing of all transmission_lines
• Existing water rights and permits on the Clackamas River will be utilized
He said the agreement has two phases. Phase One will produce 32 mgd of water. Of that, 18 mgd will be
pledged to Lake Oswego (adding 2 mgd to their existing 16 mgd) and 14 mgd will be for Tigard. The
remaining 6 mgd will be evaluated in the future. Both partners are dealing with growth issues and decisions
will need to be made regarding the remaining 6 mgd,if either party needs it
He said. Lake Oswego will be the managing agency and the water rights will remain with Lake Oswego,
however, they are pledged to the partnership. There will be a technical committee (comprised of staff
members from both cities) and an oversight committee. Oversight committee members are appointed by
the Council but do not necessarily have to be City Councilors. Some actions are structured in such a way
that bothcities will be required to take action on major decisions in the agreement.
6.42.04 PM Benefits to Tigard:
• Saves customers water rate increases over the next 25 years
• This source is expected to meet needs from 2016 through 2035
• Allows some costs to carne from future development
• Uses latest treatment technologies(state of the art facility)
• Provides greater control over water quality
• Allows Tigard to withdraw from Tualatin. Basin Water Supply Partnership and one of its
two water right permits on the Willamette River
The cost of the agreement is dependent upon appraisals. Tigard's Phase One share is estimated at 81
million. There are ten years of engineering and construction ahead of us so the numbers are a best
estimate at this time but may change. He said because we are investing in our own infrastructure it can
now be brought to bear in the SDC structure so Tigard can share the cost with the growth community
and not just the water rate payers.
Public Works Director Koellermeier said the Intergovernmental Water Board,Durham,Ding City and the
Tigard Water District passed resolutions in support. He said Lake Oswego's City Council is considering this
agreement tonight.
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Council President Sherwood asked, "When do we notify Portland?" Mr. Koellermcier said, "Five years
before the year 2016."
Councilor Woodruff asked Public Works Director Koellermcier to remind everyone what Tigaxd's water use
is on peak days now and what is anticipated to be our need in 2030. Mr. Koeller-racier said the City
currently uses 11 mgd. The forecast for the year 2020 is 20 mgd. He said this agreement should meet
Tigard's water needs through 2035 when coupled with ASR wells. He said the City will continue to have
emergency agreements with the joint Water Commission and Portland.
Councilor Buchner asked if allowances were being made for construction delays since the intent is to come
on line in 2016 which is the same year the current agreement with Portland expires. Public Works Director
X-oellermeier assured her that should the construction schedule slip,Portland would cover in a bridge
contract to sell-as water.
6:49:42 PM City Manager Prosser said this had been one of the Council's goals for many years. He
acknowledged the work of prior city officials Ed Wegner and Bill Monahan. He also thanked Public Works
Director K'oellermcier fora magnificent job in bringing this to completion.
6:50:29 PM Mayor Dirksen said the amount of effort has been tremendous on this. He said this is the first
time in the history of Tigard that there is a secure water source and we're not just a customer of another
entity. He stated that the agreement could easily be the most important achievement of this Council.
Councilor Woodruff noted this water source is also relatively free of controversy,unlike some sources that
were considered, such as the Willamette.
Public Works Director K Coellermeier said Lake Os ego's Council is voting on this same agreement at their
meeting tonight and said he will be calling them to check on the results of their vote. He said if both
Councils approve this agreement tonight there will be an official signing ceremony tomorrow, August 6,
2008 at 6:30 p.m.
Councilor Woodruff made a motion to approve Resolution No. 08-39 and Council President Sherwood
seconded the motion. The motion passed unanimously.
Mayor Dirksen Yes
Councilor Buchner Yes
Council President Sherwood Yes
Councilor Wilson Yes
Councilor Woodruff Yes
Council President Sherwood noted that 17 years ago Tigard and Lake Oswego got very close to working out
an agreement but it fell apart. She commented that it is the staff and Council behind the scenes who helped
bring this together and especially recognized Mayor Dirksen and Councilors Woodruff and Buchner.
3. 6:55:11 PM COWREHENSIVE PLAN WORKSHOP REGARDING GOAL 5 — NATURAL
RESOURCE AND HISTORIC AREAS (CPA 2008-00003)
• Associate Planner Floyd and Senior Planner Wyss introduced this item. Mr. Floyd said tonight's workshop
would focus on refinement of concepts developed over a series of meetings on this Comprehensive Plan
• amendment. He said there had been four Policy Interest Team meetings - two for Natural Resources and
two for Historic Areas. There were also two Planning Commission workshops followed by two Planning
Commission public hearings. He said there was substantial public comment received at each stage and
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considerable debate. He said that broadly speaking, this refinement process focused on four main themes,
now embodied in the draft Goals,Policies and Recommended Action Measures:
• Clarity of meaning
® Avoiding unnecessary duplication or specificity
• Maintaining sufficient flexibility to allow the City to respond to changing conditions
• Encouraging the City to take a more proactive approach regarding natural and historic resources
Associate Planner Floyd said the Planning Commission and Policy Interest Teams expressed a strong desire for
the City to take A leadership position in regards to natural resources protection.
He noted that two individuals commented prior to tonight's meeting. John Frewing sent an e-mail to the
Mayor on July 22,2008 expressing concern that the proposed goals and policies are not as stringent as existing
ones. Staff responded to his concerns in a memo copied to Council on July 24, 2008. He noted that he
received written comments today from Sue Beilke regarding process and content He gave copies of these
comments to Mayor Dirksen and Council. Mr. Floyd said her comments and concerns were considered by the
Planning Commission at their second workshop and at both public hearing. He said the planning
Commission decided not to include them in the final language. He reminded Council that Tigard is already in
compliance with State Land Use Goal 5 and Metro Titles 3 and 13.
Councilor Buehner noted that Ms. Beilke's comments relate more to process and not the actual
Comprehensive Plan. She suggested that these concerns be looked at in the context of drafting the Code.
Councilor Wilson said he was the Council liaison to the Tualatin Basin Resources Committee and they used
words such as "strictly limit" and "moderately limit" as regulatory terms applied to mapped areas. He said
they subsequently decided not to use these terms. He expressed concern about this language being put in
Tigard's Comprehensive Plan. He said he would prefer it if maps showed quality of habitat.
Senior Planner Wyss said that when Council adopted the map in 2006, the legend was changed to list
highest value habitat, moderate value habitat and lowest value habitat, etc. He said the language can be
changed to match the map. Council agreed that this change should be made.
7:05:24 PM
Mayor Dirksen asked why this chapter didn't reflect and mirror the language in the Tualatin Basin Goal 5
Regional document He recommended that on Page 5-11 a few action measures phrases be changed
because they were vague and fat-reaching. He said 10.x should read, "Protect and restore natural resources
through a variety of methods, including but not limited to the use of land management regulations and
incentives that encourage habitat-ftiendly development." He said the next item should read, "Encourage
habitat-friendly development by implementing land use regulations and standards that provide flexibility in
meeting state and regional land use goals."
Senior Planner Wyss said he'd look at putting this language referring to Goal 5 in the introduction.
Mayor Dirksen asked about Recommended Action Measure 4 on page 5-10. He said he was not sure if it
was possible and what kind of coniiiiitment it is.
Associate Planner Floyd said that this acknowledges Council's recently approved Urban Forest Land Use
Comprehensive Plan amendment chapter. He said it also focuses on locally significant habitat areas because
one criticism was that too much of Tigard's regulatory structure is based on regionally significant resources.
Councilor Wilson asked, "Are we going to accept Metro's maps or are we going to develop our own?There
was a lot of conversation about mapping errors and how things have changed. I've not sure that regional
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significance should be the litmus test" Councilor Buchner suggested referencing it to an updated version
to make sure it's correct.
Mayor Dirksen said the first action measure is an important one. It says we will identify an inventory of
locally significant habitats and plant communities not included in the Nature in Neighborhoods and Tualatin
Basin Natural Resources coordinating committee studies. He said this opens the door to creating our own
inventory which is something we should commit to doing.
Councilor Buchner asked if there was a way to address mapping errors. Senior Planner Wyss cited Policy 10
on page 5-9 which directs the City to update and improve any Metro programs and if necessary update and
improve the baseline inventory of natural resources.
Councilor Wilson said No. 4 becomes irrelevant because we are not limiting ourselves to regionally
significant resources and are instead starting with what they did and improving on it.
Mayor Ditksen referred to Page 5-10, Action Measure 7 and asked how a bioregional conservation strategy
differs from a regional strategy. Associate Planner Floyd said it would be defined in the glossary but it
means the focuses on natural boundaries of a region as opposed to the political boundaries.
Mayor Dirksen asked if language on page 5-11 regarding supplementing ground water extraction is in
conflict with the City's ASR wells. Senior Planner Wyss said staff will research and get back to Council on
this.
Councilor Wilson said Policy 7 on Page 5-9 is too strong and asked Council if they really wanted to do this.
He said protecting the upland riparian areas to the"maximum extent possible" could mean down zoning it
all as open space and having no more development Councilor Buchner said the City needs to be mindful
about property owner tights to develop their own property, especially with Measure 37. Councilor Wilson
said these upland areas are left over for one reason or another and we're saying,if you haven't developed so
far,you'rc not going to be able to,and penalizing the people who have been good stewards. This may force
people to start cutting down trees in advance of'a regulation and I think it is an unwise approach.
Councilors Buchner and Sherwood agreed.
Associate Planner Floyd said this had been discussed at length and in the phrase, "maximum extent
possible" the word possible was meant to acknowledge things Eke property rights and reasonable land use
regulations. He said "possible"could be changed to "feasible",which is defined in the glossary.
Planning Commissioner Vermilyea said he recalled an extended discussion on the words, "maximum' and
"possible." He said they elected to use the word "feasible" rather than "possible" because saying you°re
going to do something to the maximum extent possible creates a number of problems. He said the word
"feasible" means to take into consideration the context of the proposed development, the surroundings, the
legal framework, etc. He said the Planning Commission sought a balance between the strong opinions on
both sides.
Mayor Dirksen said he wants to fall back on the strong language and use words like"encourage protection"
and"endeavor to restore."
Attorney Ramis cautioned about using the word, "feasible" with the qualifier "maximum extent" because it
would be possible that a reviewing body will think you must have meant something more than just feasible
because you used the qualifier "maximum extent." "Maximum extent" has meaning that is not erased by
the word, "feasible."
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7:32:09 PM Councilor Buchner suggested rewriting this goal to make it more aspirational and positive and
encourage protection of natural resources. Senior Planner.Wyss said staffwill work on alternatives and bring
them back to Council.
Councilor Woodruff suggested just taking out the phrase, "to the maximum extent possible."
Councilor Wilson asked about the source of the language regarding firefighters and sprinklers, commenting
that it seems very specific. Associate Planner Floyd agreed and said this was a recommendation from
Tualatin Valley Fire and Rescue. Councilor Wilson suggested taking it out of the Comprehensive Plan and
putting it into the Code. He said sprinklers are a great idea but not for protecting natural resources so this
language seems out of place.
Policy Interest Team Member Frewing asked to speak. He noted that Council has copies of his recent
comments. He said he is concerned about the level of specificity. He said, "We have lost a good part of
what was in the Comprehensive Plan. This is a gutting of the 1983 Comprehensive Plan which listed 15
different features, natural and historic, that the City Council thought were important and wanted to enhance
and preserve. This is not an update; it is a gutting of that Plan. It basically says that Tigard has some
interesting natural resources and someday we will write regulations to protect them. Other city's
Comprehensive Plans name specific locations and resources. Why must you be so general in this
document?"
Councilor Wilson said this was a good question. He said we have committed ourselves to mapping and then
developing regulations. He said , "My only concern about specifically mentioning certain properties is what
is our ability to follow-through and protect it?
Mr. Frewing said Tigard should be telling the region, the country,businesses and anyone who lives here that
we like this kind of stuff.
Councilor Buchner said she was working for Portland when they were developing their Comprehensive
Plan. She said their first draftled to eight or nine amendments involving legal processes. Her conclusion is
that the City of Po &s plan was too specific. She said the reality of too much specificity is that it can be
a legal nightmare. She said specific requirements belong in the Code.
Councilor Wilson said he agreed with Mr. Frewing and suggested listing the things that are important to
Tigard such as ravines, the power line casement,Fanno Creek and the Tualatin River. He said these should
be listed as major resources that ought to be linked or preserved, etc. He said a Comprehensive Plan can be
visionary without naming specific properties.
7:50:56 PM Mayor Dirksen said what Mr. Frewing said had merit. He asked if it was possible to look at the
list in the existing Comprehensive Plan list and put those assets under these headings? He suggested that
Recommended Action Measure 1 be rewritten with something to the effect that we need to do an inventory
and create a new list,and not just have habitat on it. Councilor Buchner agreed with putting in some items
in the beginning of the section that act as a bridge between the old and new Comprehensive Plans.
Associate Planner Floyd said staff will look at rewriting this to include the inventory.
Community Development Director Coffee asked, "What do you want to do with that list? Current natural
resources law says you have to done an inventory that evaluates it against all of those factors and then you
can do something about that resource. But just listing these things would be just that — a local Est, but
absent the work that needs to be done it won't get you very far in this current legal framework" There are
more rigorous requirements on a local government that tries to protect private property through a
comprehensive plan policy..
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Planning Commission Vermilyea said getting more accurate 8:00:35 PM maps was a very high priority to
the Planning Commission as well. They were concerned that they did not have the right data to be specific
and needed more information. He asked, "Do you want the Planning Commission to get back together and
reconsider the old Comprehensive Plan, creating a bridge to the new one?" He said the Downtown Plan
and l7anno Creek Plan were referenced throughout the document and felt that gives life to the document
and gives better direction for those using the Comprehensive Plan in the future.
Council President Sherwood reiterated that most of the Comprehensive Plan Update chapters have been
approved and asked,"Do we want to change direction now?"
Councilor Woodruff suggested-a compromise of listing some of the resources that Mr. Frewing mentioned
as subsets in the introduction to make it specific to Tigard.
Planning Commissioner Vermilyea said this was exactly the discussion that the Planning Commission spent
time on but they felt that their charge was not only to keep this chapter consistent with the other chapters
but to make it a flexible document. He said they agreed with Councilor Buehner that the higher level of
specificity belongs in the Code. He said the Planning Commission said it was very important to get the maps
updated because not having current information makes it difficult to create the resource lists and do the
necessary planning.
Councilor Wilson said,"But you don't want to lose the ability to inspire citizens to appreciate what is special
about Tigard. I am lamenting that comprehensive planning has become a legal exercise rather than a
visionary exercise." He referred to Portland's emerald necklace concept a.-07:56 PM saying, "100 years later
it still has staying power and they're trying to string it together." He said, "I don't want to lose the vision,
the inspiration...what gets people excited." In response to a question from Mayor Dirksen about
recommendations,he said, "Put in the list of natural resources and follow up with the mapping exercise."
City Attorney Ramis agreed with Councilor Wilson about the historical change in the way Comprehensive
Plans are done. He said in the early days a city's' authority to develop regulations was rooted in their
Comprehensive Plan so they had more extensive listing of resources and descriptions of policies than you
see today. What has happened in terms of the State's regulatory system is that your authority, particularly
when it comes to regulating resources is rooted heavily in the Goal 5 ESEE analyses, which are technical
processes of identifying resources and making policy decisions by balancing interests He said the suggested
compromise is what a lot of communities are doing. You set up a general policy and identify in the
Comprehensive Plan major things you want to accomplish but turn to the tedious, technical work of
inventorying and sorting out what is worth protecting,etc.
Mayor Dirksen noted that Tigar&s Comprehensive Plan update is going to be the newest in the state so it
won't look like any other that came before it He said up front Council said they wanted a completely new
document that is appropriate to the 21"century so comparing it to the old document is a problem. He said,
"We don't have to lose the visionary quality."
Senior Planner Wyss commented that the inventory from the 1983 Comprehensive Plan that Mr.Frewing
referred to listed 20 sites He said ten are located within stream corridors so they are under out Goal 5
protections;two are upland tree groves,and the other eight are historic resources. He said staff can incorporate
those in the introductory section. Council agreed that this would be satisfactory.
$:14:23PMAssistant City Manager Newton announced that she just received an e-mail from Public Works Director
Koellcrmcicr saying the Lake Oswego City Council unanimously approved the Intergovernmental Water
Agreement.
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4. ADOPTION OF CITYWIDE CLASSIFICATION AND COMPENSATION STUDY 8:15:02 PM
Human Resources Director Zodrow introduced this item. Shesaidconsulting firm Koff&Associates had
completed their classification and compensation study and Council has been briefed on the results of the study.
The costs of implementing the study have been discussed with Council and the method of implementing the
complete compensation results over a two-year period was preferred She said a Council motion to adopt this
study would include the implementation phase-in.
Ms. Zodrow said the City now has updated class and job descriptions and a compensation review. She said the
review of the benefit program found.that Tigard was competitive.She said,"Ihis puts us in good stead for job
recruitments." She said she has been involved in many classification and compensation studies over her human
resources career and said this one was received very well.
Mayor Diiksen said completing this study was partly due to an agreement with`represented employees to do so.
He noted that during the report from the consultant Council heard that Tigar&s current compensation plan was
closer to what it should be of any city they've worked with recently. He said this shows the City has worked
well to improve competitiveness and fairness as an employer. He said,"Approving and implementing this
study will continue to move us down that path."
Councilor Woodruffthanked Ms. Zodrow and the consultants, saying that he felt the work was done in a
conscientious and complete manner.
Councilor Milson commented that implementing this study and equalizing salaries has certain costs but,"you
do it now or you do it later. Eventually you have to pay people what they would be paid elsewhere for similar
wotkt or they leave." He said the fact that the City was not so far out of range compared to other agencies
gives credit to our human resources department.
Councilor Buehner moved to adopt the Citywide Classification and Compensation Plan and Implementation.
Schedule and Councilor Woodruff seconded the motion. Mayor Dirksen called for a vote and the motion
passed'unanimously.
Mayor Dirksen Yes
Councilor Buehner Yes
Council President Sherwood Yes
Councilor Wilson Yes
Councilor Woodruff Yes
5. NON AGENDA ITEMS - City Manager Prosser asked Council about meeting dates for a joint meeting with
the Budget Committee. Council agreed to meet on the first Tuesday of October (October 7, 2008) at 6:30
p.m.
6. 8.21;49 PM Mayor Dirksen announced that the Tigard City Council was going into Executive Session under
ORS 192.660 (2) (i) to review and evaluate, pursuant to standards, criteria, and policy directives adopted by
the governing body, the employment-related performance of the City Manager.
7. At 8.49 p.m. the Executive Session ended and Mayor Dirksen reconvened the Council Special Meeting.
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8. At 8.50 p.m. Councilor Woodruff moved to adjourn the meeting and.Council President Sherwood seconded
the motion. The motion passed by a majority of Council present
Mayor Dirksen. Yes
Councilor Buehner Yes
Council President Sherwood Yes
Councilor Wilson Yes
Councilor Woodruff Yes
Carol A.Krager,DeputyCity Rtfotder
Attest;
z
Mayor, City of Tigard
Dates -1 0<6
I/ItDM/Cathy/CCM/2008/08{}8115 special.doc
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