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City Council Minutes - 10/14/2008 Agenda Item No. Council Meeting o /J, °q City of Tigard 'l' ark us. esu eetln ' utes TIGARD CITY COUNCIL LOCAL CONTRACT REVIEW BCA (L MEETING DATE/TIME: October 14, 2008; 6:30 p.m. Study Session; 7:30 p.m. Business Meeting MEETING LOCATION: City of Tigard — Town HaH, 13125 SW Tull Blvd.,Tigard, OR 97223 Mayor Dirksen called the meeting to order at 6:30 p.m. Name PresentAbsent Mayor Dirksen Councilor Buehner Council President Sherwood ✓' Councilor'l�'1�lson Councilor Woodruff Staff present: Assistant City Manager Newton, City Attorney Ramis,Community Development Director Coffee, Assistant Community Development Director Bunch,Senior Planner Nachbar,Senior Analyst Collins, City Recorder Wheatley STUDY SESSION Trach 1 Briefing on Membership in the Oregon Economic Development and CommurityDevelopment Department Brownfields Coalition Assessment Initiative Senior Analyst Collins advised staff was requesting authorization to become a part of the Oregon Economic and Community Development Department(OECDD)Brownfields Coalition. This would be a partnership among OECDD and other jurisdictions and agencies to have access to assessment grants. This would pertain to properties in the downtown identified for redevelopment within the urban renewal district. She advised that OECDD is applying for an EPA$1 million grant. Half of the grant will be allocated to hazard substance assessment and the other half will be for petroleum-based grants. OECDD approached the City of Tigard in their search for partners; The proposal is structured around Main Street programs. There will be no cost to the City of Tigard.; OECDD will handle the distribution of the grant money and comply with reporting requirements. Senior Analyst Collins advised that a list of sites has been identified. She distributed a map of the property and reviewed the five sites including the following properties: Stevens Marine,Dog Park, and the Public Works`Annex. Mayor Dirksen said he met with a representative from the EPA at the League of Oregon.Cities Conference. During this presentation,the representative advised that there is money available to TIGARD CITY COUNCIL/L MINUTES - OCTOBER 14, 2008 G� of Ti�rd 13125 SWHA Blvd.,Tigard,OR 97223 � 503-639-4171 1.„awww.ti and-n .g7v �I Page 1 t1f 14 deal with brownfields issues. Cities were urged to farm partnerships to apply for grant funds. Mayor Dirksen suggesting adding another site; the site near the library contaminated with arsenic. The EPA representative said the library site was close enough to the other sites in the downtown area that it could be considered. In response to a question from Councilor Wilson,Senior Analyst Collins advised that assessments have not been done on these sites. Mayor Dirksen corrected that an assessment has been done on the library site. Senior Planner Nachbar added that some work has been done on the Stevens Marine site;there is contamination and follow tip studies and mediation work will be required. He said OECDD is tying this to the Main Street program. Tigard is not a formal member of the Main Street program yet, but we have one year to decide whether to become a member. It is not clear if membership of the Main Street program would be a requirement to participate in the Coalition. The authorization to proceed is on the City Council's Consent Agenda tonight, Item 3.8. Trach..2 Receive update on City Center Advisory Commission(CCAC) Recommendations regarding Downtown Organizational Leadership— Community Development Department CCAC Chair Alice Ellis Gaut presented the update. Council received a Resainh Report on L7aw=m Associations in'Oregon prepared by the City Center Advisory Commission Subcommittee on Leadership Capacity in Downtown. This doctunent along with another document prepared earlier in the year by Marcus Mead in the Community Development Department represents the baseline research into the overall question of how to proceed with the Leland report on the recommendation to encourage a strong downtown association. Chair Ellis Gaut said a number of alternatives were identified in the data in these two documents. Tigard is unique when looking for comparables;although we have a fairly large papulation and budget,the downtown area is representative of a much smaller city. She said finding the right fit for us will be an organic process. The reason the CCAC reviewed this was due to the Leland recommendation that this is a priority. The CCAC decided these types of things take time to develop and it did not want the City to be in a situation of establishing roles for a downtown association with the City of Tigard after redevelopment was well underway. Chair Ellis Gaut reviewed the CCAC process to approach identifying the downtown organizational leadership. Six categories were identified as areas for further exploration to help spur downtown redevelopment and to congeal the support and interest among the business people. After that,the CCAC looked at questions needing answers. The first question relates in some measure to determining whether a downtown association is necessary and desirable;will it make-or-break the success of an urban renewal process. This seems to be the most important question to frame correctly. Cance it has been established as to what the question should be, and if the answer is "yes," -it is necessary and desirable --then we would need to move onto addressing what this would look like. If the City is going to partner in supporting the downtown association,then what would that look like;i.e., in-kind support,funding,etc. Chair Ellis Gaut advised Tigard Central Business District Association (TC BDA) members were present during the above-noted discussion. They offered their views. At this time,the most TIGARD CITY COUNCIL/L MINUTES — OCTOBER 14, 2008 iryof Tigard„ 1 13125 SWI- A Blvd.,Tigard,OR 97223„ � 503-639-4171 � �ww�w.tigard-or.gov I w Page 2 of 14 significant things during the initial analysis are about the bind of relationships hoped for with downtown business and property owners- how these could be developed and strengthened. Chair Ellis Gaut noted interest in the previous presentation regarding a grant to address brownfields and whether joining the Main Street program will be required. If Tigard must join the program, then their research has indicated that an association would be needed. The ultimate question will likely be "Who wants to be that association?" Councilor Woodruff asked if Tigard(ventral Business District Association has taken a position? Chair Ellis Gaut said there has been a lot of input; however,she said:she did not think a position had been stated. TC DA member Marland Henderson said the TCBDA was gaiting for the CCAC to go through its process and reach a decision.. Councilor Wilson questioned what decision was being contemplated., Chair Ellis Gaut said this is not what they would envision;that is,that they would be making"a decision.." Councilor Wilson said we could encourage something to happen, but the City will not necessarily be "running the show::" The whole idea is that the downtown. association would be independent. Chair Ellis Gaut said she thought Mr.Henderson was referring to what would be needed to support an association and not a decision about whether there should began association. Mr: Henderson said the TCBDA would very much like to work with the City and there are many parts to consider. Ie said he thinks it is corning together with regard to establishing a working relationship;however,some things need work. Council President Sherwood asked if there would be one or two associations;that is,would everyone belong to TCBDA or would there still be two different groups working in the downtown. Mr. Henderson said that while he is not looking for"Utopia.," he believes there is a way we could work together. At times,money issues seem to become a problem. More than anything,working together is the most important to determine what the business owners'needs are. Councilor Buehner noted concern that during the process efforts are made for an affirmative outreach to the business and property owners who are not actively involved in the current organization. Chair Ellis Gaut said plans are to obtain input from a broad cross-section of businesses. Councilor Wilson said interest must be generated among people who are less involved.. It appears that there are three groups of people; 1.People who own property, but do not have businesses in the downtown;2. Business owners who do not own the property,but are concerned about business vitality; 3. Owners who do not see themselves fitting in the long-terim.scheme. The third type might be an investor or decide to sell to an investor. While it is goad to have the current business owners talking to each other and to the City,what we really want is for people to decide to redevelop; otherwise,nothing will happen. Councilor Wilson suggested a major goal be set to reach out to passive owners. Mayor Dirksen said we need to give everyone an equal opportunity and then they will choose at what level they wish to engage. Councilor Woodruff said the Council does not care as much about the methods as the outcome. We all want to have,as much as passible,people getting on the "same page" and to move forward with as much speed and effectiveness as possible. He noted that it looked as if the CCAC has done a lot of work on their approach. Mayor Dirksen added he needed time to review the Subcommittee report. Chair Ellis Gaut explained the document is a survey accompanied with analysis exploring TIGARD CITY COUNCIL/LC MINUTES — OCTOBER 14, 2008 City of Tigard 13125 S W Hall Blvd.,Tigard,OR 97223 r a 503-639-417,1{ i tivww.tigard-or.gov I Page 3 sof M various models in cities of comparable size. The previous document prepared by Marcus Mead also looks at downtown associations: what do they look life,how are they funded,etc. Chair Ellis Gaut said they will continue to try to learn from people who are not involved—what are they thinldng about. She referred to a meeting held last April where consultants were asked about downtown associations and the various ways they have been utilized in Oregon;that is,what works and what does not. More people than-usual attended.this April meeting, although not a majority of the downtown business owners. Councilor Woodruff commented that we have learned that no matter hour much we have communicated,it never seems to be enough. All of us have to think eveiysingle time, "'What is the maximum that we can do to get people involved?" A IVII TI TIVE ITEMS: The following item will be moved to the City Council agenda of October 28,2008: Receive update on Contract for Construction Documents,Permitting,Bid and Construction Services for Louver Fanno Creek Park- Community Development Department In response to a question from Councilor Buehner about the re-meandering of the creek project by Clean Water Services, Senior Planner Nachbar advised this has been delayed because of the time it took to get the Corps of Engineers'permit. Clean Water Services plans to move ahead next spring. Senior Planner Nachbar co need that this would work well with phasing the City's parr improvements with this Clean Water Services project. At this time, it looks as if everything will move forward. We are moving ahead with the Stevenson property acquisition,this propertyis necessary for the re-meander. Councilor Wilson asked if the Parks Board is reviewing these plans? Senior Planner Nachbar said he was not aware of a review by the Parks Board.. Their plans were incorporated into the meter Plan and Walker Macy and the committee have reviewed and incorporated them into the Master Plan. Councilor Buehner said the plans should be given to the Parks Board. Councilor Wilson agreed:. Councilor Woodruff pointed out that the City Council will be talking to the Parks and,Recreation AdvisoryBoard next week. Councilor Buehner said the Parks Board members should review pertinent information before next week's meeting. Mayor Dirksen said we need.the PRAB to keep a running review of activity.Senior Planner Nachbar said he would contact the PRAB Chair. Councilor Wilson said he would also wannt to have neighbors be provided with the opportunity to see the plans before it happens. Councilor Buehner suggested a detailed article in the Cityscape. Track 4 Mayor Dirksen reported on the Governor's Transportation elision Task Force. A draft document has been produced and the Mayor prepared a summary,which he distributed to the City Council.A copy of the summary is on file in the City Recorder's office. He asked the City Council to review this summary. Council briefly discussed the TrMet board meeting to be held in Tigard next week. The Mayor and Council members indicated they would attend. TIGARD CITY COUNCIL/L MINUTES - OC-fOBER 14, 2408 Cityyof Tigard 13125 SW I71all Blvd.,Tigard,OR97223 503-639-4171 wgww.tigard-or.gov I Page 4 of M Councilor Buehner advised that the Holiday Inn (used to be the Sherwood Inn) opening is October 15. Council President Sherwood said she would attend. Council members agreed to cancel the December 23,2008, City Council meeting. The December 16,2008, meeting can be a workshop/business meeting. )I-- A proclamation for Red Rdivn Week was added to tonight's business meeting; City Council received a copy of the proposed proclamation. The November 11 City Council meeting is cancelled;this is Veterans Day and City offices will be closed. ESE VE SESSION. Not held. Study Session concluded: 7:02 p.m. 1. Bt)SINESS MEETING 1.1 Mayor Dirksen called the City Council and Local Contract Review Board meeting to order at 7:30:20 1.2 Roll Call Name Present Absent Mayor Dirksen V/ Councilor Buelmer I/ Council President Sherwood V/ Councilor Wilson Councilor Woodruff 1.3 Pledge of Allegiance 1.4 Council Communications&Liaison Reports:None 1.5 Gaff to Council and Staff for Non-Agenda Items: PROCLAMATION— RED RIBBON WEEK: Mayor Dirksen proclaimed the week of October 23- 31, 2008, as Red Ribbon Week encouraging all citizens to participate in the effort to keep children free of tobacco, alcohol, and other harmful drugs through education and partnering with teachers and parents. 7:32:40 PIVI 2. CITIZEN CCMMUNICAnON • Tigard High School Student Envoy Alexa Kanbergs presented a report on activities at the high school. A summary is on file in the City Recorder's office. • Citizen Communication—Sign Up Sheet: No one signed in. 7:34.42 PM 0 Follow-up to Previous Citizen Communication: Assistant City Manager Newton reported on follow-up to City Co'uncil's Fifth Tuesday meeting of September 30,2008: TIGARD CITY COUNCIL/LCRB MINUTES — OCTOB . 14, 2008 City ofTigard 1 13125 SW Hall Blvd.,Tigard,DR 97223 503-639-4171 1 www.tigard-or.gov I Page 5qf14 • Wndridge Hames Subdivision regarding a tree nritigation issue. Community Development staff met with the representatives of Wmdridge Homes and they have reported they are satisfied with the direction. ✓ The Tigard Chamber of Commerce requested consideration for a City contribution of$1,000 for the annual tree lighting celebration. This is scheduled for City Council consideration on October 28 2008. 7:35:43 PM Mayor Dirksen reviewed the Consent Agenda: (Item 3.7 c removed from the Consent Agenda and considered by the City Council on October 28,2008.) 3. CONSENTAGENDA. 3.1 Approve City Council Minutes for August 12 and September 9,'2008 3.2 Receive and File: a. Council Calendar b. Tentative Agenda c. Fifth.TuesdayNotes from September 30,2008 3.3 Approve First Restated Intergovernmental Cooperative Agreement Creating the Willamette River Water Coalition WC) and Authorize the Mayor to Execute the Agreement 3.4 Establish an Urban ForestryMaster Plan Citizen Advisory Committee for the Urban ForestryMaster Plan Resolution No.08-59 A RESOLUTION ESTABLISHING A CITIZEN ADVISORY COMMITTEE TO GUIDE THE PRE PARATION OF THE URB AN FORESTRYMANAGEMENT PLAN AND DE CEDING THE MEMBERSHIP OF THE COMMITTEE 3.5 Approve Budget Amendment#09-04 to Recognize Receipt of Federal Grant Funds and Make Corresponding Appropriations for Tigard Turns the Tide Grant;Years 1 and 2-Resolution No.08-60 A RESOLUTION TO APPROVE BUDGET AMENDMENT#09-04 TO RECOGNIZE RECEIPT OF FEDERAL GRANT FUNDS AND MAKE CORRESPONDING SPONDING APPROPRIATIONS IN THE COMMUNITY SERVICES PROGRAM(POLICE DEPARTMENT)FOR.TIGARD TURNS TEE TIDE GRANT 3.6 Approve Budget Amendment#09-05 to Recognize Receipt of Federal.Grant Funds Through the Tigard/Tualatin School District and. ,e Corresponding Appropriations for the Safe Schools/Healthy Students Grant in the Community Services Program(Police Department)- Resolution No.08-61 A RESOLUTION TO APPROVE BUDGET AMENDMENT#09-05 TO RECOGNIZE RECEIPT OF FEDERAL GRANT FUNDS THROUGH THE TIG ITUALA.TIN SCHOOL DISTRICT AND MAKE GORRESPONDING APPROPRIATIONS FOR.TETE SAFE SCHOOLS/HEALTHY STUDENTS GRANT IN`THE CC)A4MUNITY SERVICES PROGRAM (POLICE DEPARTMENT) 3.7 Local Contract Review Board; a. Award Contracts to SR Design LLC and Cascadian Landscapers,Inc.,for As-Needed Tree Planting Services and Authorize the City ager Execute the Contracts b. Award Contract to All Seasons Ground Care for Landscaping/Gro-Lind Maintenance Servicesat various City buildings and Authorize the City Manager to Execute the Contract TIGARD CITY COUNCIL/L TES — OCTOBER 14, 2008 City of Tigard C 13125 S 1-IA Blvd.,Tigard,C TL 97223 1 503-639-4171 1 www.tigard-or.gov I Page 6 of 7 C. n t I--__auet- - llierlhllbeyw Pfedtlee -L en cam'- a de P ' n 3.8 Authorize the City to Become a Member of the Oregon,Economic&Community Development Department's Brownfields Coalition to Obtain Grants for Assessing Properties Identified for Downtown Redevelopment- Resolution No.08=62 A RESOLUTION APPROVING THE QTS"OF TIGARD'S PAR RSI-3IP WITH TFE OREGON ECONOMIC&COMM N1TY DEVELOPMENT DEPARTMENT BORWNFIELDS COALITION Motion by Councilor Wilson,seconded by Council`President Sherwood,to approve the Consent Agenda with Item 3:7c. removed. The motion was approved by a unanimous vete of`City Council present. Mayor Dirksen Yes Councilor Buchner Yes Councilor Wilson Yes Council President Sherwood Yes Councilor Woodruff Yes 4. LEGISLATIVE PUBLIC FEARING FOR CCIMPREHENSIVE PLAN AMENDNENT CPA 2008-00006 —UPDATE THE GOALS,POLICIES AND RECOY&ENDED ACTION MEASURES PERTAINING TO STATEWIDE PLANNING GOAL 14: URBANIZATION REQUEST: To amend the current Comprehensive Plan Topic 10.Urbanization byupdating the goals, policies and recommended action measures to reflect current community conditions and values.The complete text of the proposed Amendment can:be viewed on the City's website at http://www.tigard- or.gov/code amendments. LOCATION: Citywide. ZONE; All City Zoning Districts. APPLI LE REVIEWCRITERIA; Community Development Code Chapters 18.380 and 18.390; Comprehensive Plan Chapters Citizen Involvement;Land Use Plannu„Parks,Recreation,Ti-ails,and Open Space;Public Facilities and Services,Transportation; and Urbanization;Metro Functional Plan Title 11;and Statewide Planning Goals 1,2, 8, 11, 12,and 14. 7:38:53 PM a. Mayor Dirksen opened the public hearing. b. City Attorney Ramis read a statement outlining the rules of procedure for this hearing. 7:41:_3 PM C. Declarations or Challenges - Does any Council member wish to declare or discuss a conflict of interest or abstention? None were declared or discussed. d. Assistant Planner Daniels presented the staff report regarding the Comprehensive Plan amendment before the City Council. She outlined the process followed to prepare the proposed ordinance: TIGARD CITY COUNCIL/L MINUTES — OCT OBER 14, 2008 Cityof Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 1 503-639-4171 1 www.tigard-or.gov I Page 7of 14 +� The Planning Commission hosted two Policy Interest Meeting Team Meetings and conducted two public hearings on this topic (August 18,2008,October 6,2008. The newspaper notice failed to print for the first hearing,which is why the second hearing was held October 6 to ensure compliance with the Cityrs citizen involvement program.) The City&uncil held a workshop on September 9 to discuss the Planning Commission's recommendation to adopt this chapter; City Council asked for clarification on two policies and suggested a wording change in another. These changes were summarized in Attachment 3,a September 1 ,2008,memorandum from Senior Planner Wyss to the Planning Commission. On Page 2 of the memo,there is a discussion of the Council'sdesire to change the language in Goal 14.2,Policy3 from"require" to"encourage." City staff worked with the CityAttorneyto rework the language as it is presented in Exhibit A. • Assistant Planner Daniels submitted.an October 10,2008,memorandum from Senior Planner Wyss,which details the Planning Commission's October 6,2008,recommendation that the language in Goal 14.2,Policy be changed back from"encourage" to`°require" as originally recommended by the Planning Commission at its August hem. • To ensure this chapter is technically sound,Assistant Planner Daniels advised that Senior Planner Wyss worked with the Department Review Team to determine its technical accuracy and conformance with applicable laws and rules. This chapter was sent to state and regional agencies for review;those comments and staff's reply are shown in Attachment 2 of the staff report. The City Attorney reviewed the staff report findings and found them to be accurate. e. Public Testimony: None f. Staff Recommendation- Assistant Planner Daniels advised that staff has found the language,including the amendment,complies with the applicable state land use goals,the City's municipal code and comprehensive'plan polices,as well as federal,state,and regional plans and regulations. Staff recommends adopting the language in Exhibit A- 9. Coursed Questions Mayor Dirksen>said that this issue has been before the Coity Council three times previously. What remains are a couple of minor language changes. Councilor Woodruff commented on the Goal 14.2 and the word change"required" to"encourage"was at his suggestion because there might be sensitivityto the word"require" when associated with annexation. He said he was amenable to changing the word back to"require" since it is prefaced bythe word 44 may" After brief discussions,there was agreement to go along with the recommendation from the Planning C cmn-fission to change the word back in Goal 14.2,Policy 3 back to "require" rather than"encu e'." Councilor Wilson noted he had a discussion with Lisa Hamilton.-Treick. She had a comment about wording that would prevent an area within our sorban services area to join or form a park district. She asked whythe City would oppose this if it would' jean we would get parks within the area. Councilor Wilson said he responded that the other side of that argument is,why would people who have a park district want to come into the city: Further,if parcels were contiguous to another city(i.e.,King City), but were inside our area,is it not beneficial for them to be part of some city rather than no city? He said he was not suggesting that any language be changed,but if`a serious proposal did corns:up,then he TIGARD CITY COUNCIL/L MINUTES — OCTOBER 14, 2008 c,c,..e�f Ti ar.... y g d 1 13125 SW Hall Blvd.,Tigard,OR 97223 1 503-639-4171 1 www.tigard-or.gov I Page 8 of 14 thought we could mare a Comprehensive flan amendment to allow it to happen. Casty Attorney Rimis added that if the Council mares the decision now to include that sort of language,then the option is precluded,however,if an argument can be successfully made later to create a district,the Oty Council can agree or disagree with it at that time. 7:52:08 PM Councilor Buehner referred to another issue regarding the water service boundary. She clazified that there is a small section of the Tualatin Valley Water District that the Tigard-area District has been providing water to for manyyears. This boundary needs to be moved and perhaps there will be incentive to proceed with an adjustment. 7:53.32 I' h. Mayor Dirksen closed the public hearing. i. Council Consideration: Motion by Councilor Buehner,seconded by Council President Sherwood,to adopt Ordinance No. 08-15,,with Goal 14.2 amended as discussed.by City Council. Councilor Woodruff clarified that the only word to be adjusted is the word"encourage"to"require" in Goal 14.2. There is another instance of the word"encourage" contained in the recommended action measures,which will remain. ORDINANCE NO.08-15— AN ORDINANCE ADOPTING COMPREHENSIVE PLAN AMENDMENT GPA 2008-00006 TO UPDATE 1HE GOALS,POLICIES,AND RECOMMENDED A ON MEASURES PERTAINING TO STATEWIDE PLANNING GOAL 14,URBANIZATION The motion was approved by a unanimous vote of Cary Council present. Mayor Dirksen Yes Councilor Buehner Yes Councilor Wilson Yes Council President Sherwood Yes Councilor Woodruff Yes 7.55:12 PM 5. WORKSHOP C}P DIS IO — COMPREHENSIVE P ME T CIA 2008-00009: INTRODUCIION/GLOSSARY a. Assistant Planner Daniels presented the staff report. The introduction presents a brief background statement that outlines the purpose of the plan and its implementation. Changes discussed at the Planning Commission workshop were outlined in Attachment 3,a memorandum.dated September 8, 2008,from Senior Planner Wyss to the Planning Changes from the hearing in September were detailed in Attachment 2,which starts on Page 3 of the September 15,2008,Planning Commission meeting minutes. TIGARD CITY COUNCIL/L MINUTES - OBER 14, 2008 Gryof Tigard 1 13125 Miall Blvd.,Tigard,OR 97223 503-639-4171 www.tigard-or.gov,r.., ! Page 9 of 14 b. Council discussion: Councilor Buchner advised she found the minutes of the Planning Commission meeting to be brief. She noted that two Planning Cominissioneis were present and asked if they would be willing to give City Council more inforl-nation about the healing. Mayor Dirksen noted that public comment will be accepted and invited the Planning Commissioners present or audience members to make comments if they would care to do so. Planning Commissioner Vermilyea noted the Planning Commission had a couple of workshops and public hearings on this section of the update. He said he believes the last set of minutes was relatively short because bythat time there was no additional input from the public since much of the work,had been accomplished in previous workshops. 7:59:44 PM Planning Comn-lissioner Ventlilyea said the Planning Commission's focus was on plain language, avoiding jargon,so the glossary definitions are understandable to the average person. For each definition,where possible,the Planning Commission wanted assurance there was reliance on an outside authority,i.e.,a federal statute,state statute,etc. The Planning Corarnission wanted to be sure that they were being consistent with the authority on each particular issue. For those areas,where no authority could be referenced,then they looked to the dictionary or some other language that would make common sense. fie referred to public input and,in particulal,that from Sue Bielke who submitted a lot of good ideas and input. Some of her suggestions were incorporated. The Planning Commission felt satisfied with the process and outcome on the definitions. Councilor Buchner asked if Planning Commissioner Vennilyea felt comfortable that the glossarycovers all the necessary words. 1-k reviewed the Planning Commission's process and,in the end,they do feel comfortable they captured the terms that were noted for definition during the course of the discussion on the different chapters. Mayor Dirksen reviewed the three-year Comprehensive Plan process for those who were visiting tonight. The Comprehensive Plan is the CAtys governing document,much the same as the way that the Constitution is the governing document for the United States. The document was originallywritten in 1.983 and needed updating. The Council decided that it would be important to define a list of terms so that in the future,if a challenge were to wise on an issue in the Comprehensive Plan that the terms used in the Plan would be clearlydefined. This is the first time the Council has had an opporturlityto discuss these definitions. This will be coming before the City Council again in a public hearing on October 28, 2008. Public comment will be taken at that time as well. &uncilor Wilson said the glossary is important because often what you can do might hang on a single word's definition. Fk also noted definitions in the Comprehensive Plan and Development Code should agree. He reviewed his suggestions. 8:06:00 PM Greenspace/Greenway. In some places,it has been indicated-whether it is publicly owned land, privately owned land,or both. In this particular section,there is no indication. I-k said he isn't sure what is meant: is it City ownership or not.) TIG ARD CITY COUNCIL/LCRB MINUTES — OCTOBER 14, 2008 City of Tigard I 13125SWHaUBlvd.,Tigard,OR 97223 1 503-639-4171 1 www.tig-.ird-or.gov I Page 10 of 14 Assistant CmmuutyDevelopment Director Bunch responded that the Comprehensive flan is much more general in scope than the Community Development Code. The Comprehensive Plan policies are very broad.. The Development Code is intended to implement the Comprehensive Plan and the reason that some of these terms do not necessarily agree is due to the broad definition applicable to abroad policy perspective versus the veryspecific clear and objectives that must apply in the Development Code. Staff was cognizant of this as they went through the policy development that the policies also need to have bread scope because they are subject to being interpreted by the City Council when the Council makes policy-oriented decisions. This is why there is no specificity,for example,in greenspaces. Assistant CorranunityDevelopment Director Bunch cited other examples of"recreation space" and"open space," which are defined as they pertain,to specific hypes of developments. Assistant Community Development Director Bunch said if City Council desires the definitions to be more specific,staff could do that. Councilor Milson said that as he was reviewing,he found that he could not determine where the terms were used in the Code so he could mare a judgment whether the two documents needed to be consistent. Perhaps,in this particular case(greenspace/greenway),we do not have a specific policy that would match to a regulation on private property. Are we saying we are going apply regulations to greenways that might applyto public and private property or the hybrid where there is a public easement on private property. He said he would lily:staff to be aware of this and ready to respond. Councilor Wilson noted that in natural areas,the definition is that it is "city owned" land and under open space,the definition refers to"public and privately owned" land. Mayor Dirksen said he thinks there are areas in the Ctyidentified as "greenways" and the property is privately owned,but because of environmental restrictions,a portion of a property might not be available for development. Collectively,we refer to these as greenways. In response to a comment by Councilor Wilson that in these instances there would be an easement,Councilor Buehner said this is not uniformly true,as sometimes these pieces of property do not get transferred to public ownership. Mayer Dirksen said greenspace could be owned publicly or privately and if it is identified one way in one document then it should be the same in the ether document. Councilor Buehner said she was not as concerned about it within the context of the Comprehensive Plan,but she certainly thinlis it would be important to make a note that as we move to developing Code,that we specify whether it is private or public because there might be different rules. 8:11:49 PM Councilor Wilson continued with his comments on the Chapter under review. Invasive Species the definition states that this refers to plants that are not native and aggressive; however, doesn't say that it is "harmful." The federal definition includes"harmful." ,just because a plant is successful and not native,doesn't necessarilymean that it is considered invasive. Councilor Buchner added she thought there was a state definition within the"noxious" plant definitions. Assistant Community Development Director"Bunch agreed:there are other definitionsthat deal with the harmfulness. He advised staff would recheck both the state and federal definitions and get' back to the City Council. TIGARD (TTY COUNCIL/LMINUTES — OCTOBER 14, 2008 City of Tigard 13125 SW Hall Blvd.,Tigard,CSR 97223 1 503-639-4171 1 wwwsigard-or.gov 1 Page 11 of 14 8.13:16 PM ✓' Sensitive Lands-reference is made to the Development Code for the definition. It seemed to Councilor Wilson this should be reversed. It seems that you could just saythat sensitive lands are steep slopes and wetlands rather than have a Code reference. Mayor Dirksen agreed,since the Code language might change. There are other instances the Mayor noticed where the Comprehensive Plan referenced the Cade. lie asked if it would not be better to pull the language from the Code and place it in the Comprehensive flan so that in the future the Cade would reference this language, Assistant Community Development Director Bunch noted that the definition mast be synonymous because sensitive lands in the Cade have statutory implications because it is used to regulate;that is why the Code is mentioned, If there is a definition change,it is typically changed in the Code if that needs to happen. Staff will evaluate. Mayor Dirltssen noted other places for staff to check include "active recreation" and"passive recreation." Councilor' Wilson aslod whyyou couldn't say something similar to: "sensitive lands refers to steep slopes and wetlands as more fully defined in the Development Code." Assistant Community Development Director Bunch agreed this could be done. Assistant Community Development Director Bunch noted there was a long discussion with regard to"active recreation" during the Planning C..comiri scion review. They remembered the process they went through for the Planned Development Cede. Mr.Frew7ng also referenced this at the Planning Commission meeting, Councilor Buehner said it was particularly important in the discussion because active referred to 1) ball fields,picnic tables 2) trails,or 3)diose areas that have no trails or access. We need to review this to make sure we are consistent. Assistant Community Development Director Bunch added that this might be a term that is more generally described in the Comprehensive Plan and then more specifically described in the Code. 8.10;32 PM V Tigard Urban Planning Area and Tigard Urban Services area-those two definitions were similar. Councilor Wilson advised he did not understand the difference noting that one deals with the Statewide Planning Coal 2 and the other with:ORS 195. Assistant Community Development Director Bunch advised there are some Administrative Rules with more specific definitions;staff will review to provide clarification so one can discriminate the differences between the two. Mayor Dirksen said those terms are used in two separate agreements the Gty has with Washington County. In response to a question from Mayor Dirksen,City Attorney Ramis advised legal counsel has reviewed these;however,they will study the definitions more in depth. Councilor Buehner asked about changes at the state legislature that might impact language contained in the glossary and whether we would have to go through a full Comprehensive flan amendment process? GtyAttomey is said"yes,and that's why the staff is recommending,where possible,general definitions." If you use specific references in your definitions,state statutes,or your own code,the presumption often is that the language in the Comprehensive flan automatically changes. "That is not the case...now you've;got two separate,conflicting definitions...so it is important to be general so you can come back onlywhennecessary." In response to a question from Councilor Buehner,City Attorney Ramis advised there is no process by which you can automatically change the document without having a hearing can changing the document. TIGARD CITY COUNCIL/L MINUTES - OCTOBER 14, 2008 Cityof Tigard 1 13125 SW Rall Blvd.,Tigard,OR97223 503-639-4171 www.tigard-or.gov I Page 12 of M 8:20:19 PM Councilor Woodruff made a suggestion for the sake of readability. Not every single ward is defined; for example,we do not define"require," but we do define"encoturage." If a statement could be made in the introduction that if any word is itali zzclor underlined,it could be found in the glossary. Assistant Community Development Director Bunch said that is a good point and will be done. 8:21:06 PM Councilor W1on commented about LEER (Leadership and Energy in Environmental Design). He recalled when this was discussed previouslythat the wording be "LEED or ether." LEEK is always changing;they are on Version 2.2 now and the next update is being discussed and another section might be added to deal with"social equity.:" New developments with L.EED might not be something we agree with. He suggested that the language not be so specific. Councilor Wilson noted that LEEDS is a private rating system.. Mayor Dirksen recused himself tself and left the Council dais. Council President Sherwood presided during City Council consideration of Agenda Item No.6 6. CDNSIDERATION OF INCREASED RESPONSIBILITIES AND INCREASED STIPEND FOR THE MAYOR a. Assistant City Manager Newton presented the staff report;she reviewed a couple of key points.Staff has made the effort to incorporate comments from the City Council from previous meetings on this topic. Rather than a:letter of agreement,staff recommends the Council consider a resolution since this is what the City has done in the past to establish or adjust the Council stipends. b. In response to a question from Councilor Buchner about whether the increased stipend could be backdated,City Attorney Ramis responded that the City Charter is clear that the City Council has the authority to do this. Councilor Woodruff said there has been media coverage about this. People have had opportunity to comment but not much comment was received. Councilor Woodruff said a high bar has been set because the Mayer or Council President must be willing to take on the increased responsibilities. In addition,the rest of the City Council has to have the trust that the person is up to this responsibility. Finally,the Mayor or Council President will have to work for an employer willing to participate. Fortunately,all of these conditions exist now;however,it,certainly is not a given that this will be the case in the future. There has been much discussion that this is an experiment to see what happens over the next six months to be evaluated by the Mayor, Council and the Mayor's employer as to whether this is still a good idea. Council President Sherwood pointed out that this is subject to Budget Committee review every year. Councilor Wilson said that the Mayor received an invitation to speak at a 4"grade class, he noted that this would not be in the list of things that the Council is talking-with regard to the additional duties. C. Council Consideration: Motion by Councilor Woodruff,seconded.by Councilor Wilson,to adopt Resolution No.08-63. A RESOLUTION ESTABLISHING CITY GOUNCIL NEIvIBER STIPENDS,SUPERSEDING RESOLUTION NO.99-50 TIGARD CITY COUNCIL/L MINUTES - 0BER 14, 2008 G yof Tigard 13125 S Mall Blvd.,Tigard,OR 97223 1 503-639-4171. 1 www.tigard-or.gov I Page 13 of M The motion was approved by a unanimous vote of City Council present. Councilor Buehner Yes Councilor Wilson Yes Gc)uncil,President Sherwood Yes Councilor Woodruff Yes Nbyor Dirksen returned to the dais and presided over the remainder of the meeting. 7. COUNCIL LIAISON REPORTS Councilor Buehner welcomed the young people in the audience attending the meeting to meet a requirement of their"Senior Serninar." In the past students have made comments and the City Council has acted on some of these comments. For example after receiving a comment form a high school student,a lighted crosswalk across Durham Road adjacent to the high school is being installed. 8. NONLAGENDAITEM[S: None 9. EXECUTIVE SESSION. None 8:31:05 PI 10. ADJOURNMENT Motion by Councilor Woodruff,seconded by Councilor Buehner,to adjourn the meeting. The motion was approved by a unanimous vote of City Council present. Mayor Dirksen Yes Councilor Buehner Yes Councilor Wilson Yes Council President Sherwood Yes Councilor Woodruff Yes C@therine Wheatley,-City Recor Attest: auf Tr ty of Tigara- Date:- , CIG I.-\ADM1CATI-IY\CCM\-10081ccn-D8lol4 dnftdoc TIG ARD CITY COUNCIL/LMINUTES — OCTOBER 14, 200 GryofTgard 1 13125 SW Hall Blvd.,Tigard,OR97223 1 503-639-4171 1 www.tigard-or.gov I Page l4of14