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City Council Minutes - 06/15/2010 ■ II City ofTigard Council Workshop Meeting - Minutes TIGARD CITY COUNCIL MEETING DATE/TIME: June 15, 2010—6:30 p.m. —Workshop Meeting MEETING LOCATION: City of Tigard—Town Hall, 13125 SW Hall Blvd.,Tigard, OR 97223 • EXECUTIVE SESSION: At 6:31 PM the Tigard City Council entered into an Executive Session. City Manager Prosser announced that it was called under ORS 192.660 (2) (d) to discuss labor negotiations. At 6:40 the Executive Session ended. 1. WORKSHOP MEETING 1.1 At 6:42 PM Mayor Dirksen called the Tigard City Council Workshop Meeting to order. 1.2 Deputy City Recorder Krager called the roll. Present Absent Councilor Webb x Council President Wilson x Councilor Buehner x Mayor Dirksen x Councilor Henderson x 1.3 Pledge of Allegiance 1.4 Council Communications&Liaison Reports—Mayor Dirksen reported that Metro now has a revised Regional Transportation Plan and a new Urban Reserves Plan. Councilor Henderson announced that the local communications franchise will switch from Verizon to Frontier on July 1,2010. 1.5 Call to Council and Staff for Non-Agenda Items—Mayor Dirksen said staff requested moving Agenda Item No. 2—Discuss Committee for Citizen Involvement Role to a time later in the meeting as there were no CCI members present but there were citizen board members present for both the Parks and Recreation Board item and the Intergovernmental Water Board item. Council concurred. 2. DISCUSS COMMITTEE FOR CITIZEN INVOLVEMENT ROLE (This item was heard after Agenda Item No. 6.) TIGARD CITY COUNCIL MINUTES-JUNE 15, 2010 Citta of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 1 www.tigard-or.gov I Psge l of9 3. DISCUSS PARKS AND RECREATION ADVISORY BOARD PROPOSAL FOR A NOVEMBER ELECTION 6:45:13 PM Public Works Director Koellermeier introduced this item,and said the time is nearing to make a decision on whether to put a park bond measure on the ballot. He said PRAB met in a special session on June 1,2010 to come up with this proposal and is seeking Council's comments as they moved towards their final proposal. PRAB Members present were: Chair Jason Rogers,Holly Polivka,Troy Mears and Scott Bernhard. Bob Betcone from the Trust for Public Lands (TPL) reviewed with Council a poll taken in January which tested the waters for a park bond.They heard that the voters were generally positive. He said that as a side note,the Aquatic District measure was a bell weather and it passed. He said their campaign was well run,with a lot of grass roots support. He said that in general,voters are more supportive of preservation and acquisition of land more than for building improvements (ball fields and structures) on it where support dropped from a solid 50% to 30%. 6:52:00 PM PRAB Chair Rogers asked Council what they liked or disliked about what was prepared. Councilor Buchner asked how they determined what the percentage of parks is in each pan of the City. Chair Rogers said it is not exact but they used the Parks System Master Plan and allocated a higher percentage to areas with the fewest park offerings. 6:53:08 PM Council President Wilson commented that the Parks Board is,"veering a little bit from our original intent." He said as the City approaches build-out the intent should be to purchase the last remaining green spaces while they are still available. He said what they've suggested (sprinkling parks around equitably) might work at another time but he didn't want to jeopardize the chance to purchase two legacy —type parcels, specifically, the Fowler and Sunrise properties. He said, 'Axe don't need more swing sets everywhere;we need to get the land while we can. Anything that veers from those goals,I won't support." 6:57:06 PM Councilor Henderson referred to the Parks Master Plan which identifies over $80 million in need and said he felt PRAB did a good job of identifying $19-$20 million in prime projects. He stated that he was impressed with PRAB and their diligence,and he endorses what they've done. 6:58:59 PM Councilor Buchner said her memory of this is closer to what Council President Wilson said. She thought 80%would be devoted to purchase of properties and felt that polling,backs up this figure. PRAB Chair Rogers said they avoided naming specific properties. He said, "If there are large pieces of property, we want them but this bond measure needs to pass. Some voters need swing sets and some desire large parcels." In response to this, Councilor Webb said the City wasn't specific enough with the last bond measure. She said,"I don't want to go forward unless we can do it right." 7:02:31 PM Mayor Dirksen asked how they arrived at the $25 million figure. PRAB Chair Rogers said a robust dialog was held about the figure at the end of the meeting and there was a lot of discussion about what amount to use. Mayor Dirksen asked if the amount is adequate,in PRAB's view, to purchase all the acreage we need to create the Parks Master Plan goals. Chair Rogers said the percentages could change between land acquisition and development. Mayor Dirksen said he felt strongly that the City needs to buy property now and if funds are TIGARD CITY COUNCIL MINUTES-JUNE 15, 2010 City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 1 www.tigard-or.gov I Page 2of9 lacking to develop it,we can do that development later. He said if we wait,we won't have the property to put development on. Mayor Dirksen asked about the geographic equity and if this came into the discussion during the polling. Mr. Betcone said it was not as evident in the polling, but in TPL's experience it is very important to have fair distribution throughout the district. He said in his view the quadrant approach was a good effort to show how money could be distributed throughout the community. He said the caveat is that real estate is a game of opportunity and sufficient flexibility needs to be maintained to enable the City to purchase as opportunities arise. Mayor Dirksen said,"One way to approach this is to tell people, `Our goal is for every citizen of Tigard to have a park or some sort of open space within a quarter-mile of your home. Some parks may not end up exactly in your neighborhood but they are accessible with a quick walk or drive.' We could meet this target." He said he concurs with other Council members that specific pieces of land need to be identified so that when people hear Tigard needs "X amount of acres," they know as properties come up for sale, they will be purchased and are assured that the bond money will be only spent for that purpose. Mayor Dirksen stated that he is uncomfortable going out for a bond amount that is larger than the one in the bond measure that failed. He said citizens will rightly ask, "Aren't they paying attention?" He said a defensible amount would be the$20 million asked for originally less the grants Tigard received since the last time this was on the ballot. He asked PRAB if that seemed reasonable. Chair Rogers said what the Mayor suggests adds clarity for the voters. Councilor Buchner asked that the materials specifically talk about the Downtown Plaza because that is a big feature of the downtown plan that the voters approved. Councilor Henderson commented that he was very comfortable with the PRAB team;they know their stuff and will be able to talk about it to the public. Mayor Dirksen agreed with Councilor Henderson and said he appreciates PRAB's vision and that members recognize the importance of parks. 4. JOINT MEETING WITH THE INTERGOVERNMENTAL WATER BOARD PT) REGARDING THE WATER TREATMENT PROCESS SELECTION FOR THE LAKE OSWEGO/TIGARD WATER PARTNERSHIP 7:17:44 PM Public Works Director Koellermeier introduced this item. Present for the discussion were Brown and Caldwell Consultants Jon Holland and Bill Persich,Water Partnership Communication Director Jane Heisler, Lake Oswego Project Director Joel Komarek,Tigard Water District Member Charles Radley,and Intergovernmental Water Board Members Dick Winn,Mike Stone and Keith Jehnke. 7:20:32 PM Lake Oswego Project Director Komarek thanked the Tigard City Council for this opportunity to talk about the partnership. He reviewed reasons why this partnership makes sense for both communities that include cost savings and improved service levels. He said this big project will cost a lot,but without the partnership,both communities would end up spending more for water. Existing equipment can be leveraged but there is also the opportunity to replace and expand that infrastructure to serve both communities. It creates opportunities to leverage regional interest in interconnections,perhaps beyond the borders of Lake Oswego and Tigard,which could bolster emergency water supply and response capabilities. Project Director Komarek said the partnership also allows both parties to secure once and for all,access to a high quality source of water. TIGARD CITY COUNCIL MINUTES-JUNE 15, 2010 CityofTigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 1 www.tigard-or.gov I P:gcJoF9 Consultant Holland said this program is the project definition phase and will address questions such as how large to make the reservoir and where to route pipelines,etc. He said the final outcome would establish an overall capital budget to be incorporated into the Intergovernmental Agreement. Consultant Holland presented PowerPoint slides. 7:28:25 PM Mayor Dirksen asked if the existing treatment plant property is adequate for the addition of a new facility. Consultant Holland said it was,subject to permitting approvals from the City of West Linn. The finished water pipeline will arrive in Tigard at the existing Bonita pump station.A proposed reservoir will be located near the existing Waluga Reservoir which will ensure the Bonita pump station can do its job. He said several sites along Bonita Road are being evaluated new station locations. The Portland water supply line to Tualatin crosses this area and there is a possibility for an interconnect which could send water either way, from the partnership back to Portland,or to Tualatin. Consultant Persich discussed water treatment and why it is necessary to protect public health. He described the Business Case Evaluation (BCE)process for making a supportable decision on expansion alternatives. He said an expert panel was assembled to review all options and perform initial screening. He reviewed key water quality parameters: • Particulates (turbidity) • Taste and odor • Microorganisms • Organics (molecules containing carbon&hydrogen) • Regulated disinfection by-products (DBP's) which are formed as a side-reaction between chlorine and organics He said he and the expert panel agree that the water source is high quality and the finished water is excellent. There are occasional spikes in raw water turbidity that are being treated at the plant,and a few episodes of finished water taste and odor,primarily due to naturally occurring algae bloom.Currently, the plant adds chemicals to mitigate this. He said Cryptosporidium was not found in enough concentration to be of concern. He said a 2005 USGS study measuring pesticides and herbicides in the Clackamas source water found no urgency or concern with dealing with these manmade organics. DBP's are below current regulations, when a running average is taken. He said occasional spikes in samples are averaged out but if federal standards change to not allow averaging this data, water plants will be forced to use their spike samples as the benchmark of compliance. He said potentially the levels will be very close to the DBP standards. Although the current treatment plant functions well now, the expert panel believes it is not likely to meet anticipated changes in future DBP regulations. Consultant Persich discussed a range of treatment technology alternatives. He said the experts evaluated options and assessed costs,risks and benefits of different filtration systems in more detail. He said the panel and the sounding board unanimously recommended the conventional filtration and ozone biologically active filter (BAF) combination to be the best system. He said the conventional filtration system meets the current requirements and the BAF ozone goes beyond to enhance public health protection. He said additional costs to add ozone runs $10-20 million dollars in capital and an additional$300,000 in operating costs per year. He said it is estimated to run the customer an additional$3-6 dollars per month. Consultant Persich read a list of benefits ozone would provide: • Provides an additional disinfection barrier(currently,chlorine is the only barrier) TIGARD CITY COUNCIL MINUTES-JUNE 15, 2010 City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 1 www.tigard-or.gov I Page 4 of9 • Will consistently improve taste and odor issues • Deliver higher quality than regulation standards,anticipating changes in DBP standards • Decreased dependency on chlorine because bulk of disinfection is done with ozone • Ozone does not as many DBP's as chlorine • Ozone will reduce emerging chemicals found in water such as pharmaceuticals and personal care products • Ozone is not a new technology and has been proven all over the world • Could help handle any future source water problems due to urbanization, etc. • Shares some stated Lake Oswego and Tigard values and principles such as providing the best long-term solution for water and public health protection Councilor Henderson asked how ozone purifies water. Consultant Persich said it is a strong oxidizer which breaks apart chemical bonds and destroys the bacteria. In response to a question from Council President Wilson about how long ozone remains in the water, Mr. Persich said it lasts about 20 minutes before dissipating. Council President Wilson asked, "Given we are downstream from Lake Oswego,is it good for Tigard to have a residual level of chlorine and would using less be detrimental?" Consultant Persich said it is necessary to have chlorine reserves in water and the state regulates it. He said chlorine is added at the treatment plant in high enough concentrations to take care of the major bacteria and to make sure there is a large enough residual in the distribution lines. Consultant Persich said with the use of ozone,hardly any bi-products are created as less chlorine is required. Councilor Buehner said she attended the second and third workshops with the expert panel and citizen sounding boards and was impressed with their depth of analysis. She said she is supportive of their findings and recommendations. Tigard Water District Member Radley asked for a copy of the PowerPoint slides and discussed industry standards in statistics. Mayor Dirksen said the recommended level of treatment seemed like a reasonable technical compromise. He said that setting a goal for water quality at a minimum level is not acceptable. 7:57:10 PM Ms. Heisler described the public outreach done for the treatment process decision. She said their intent is to inform the public about the process, consult with them and acknowledge their concerns, and provide feedback. She described their website,press releases, utility bill inserts in Lake Oswego and newsletter articles for both cities. (fiigard's water bill insert space was already spoken for in May and June.) She said focus groups expressed overwhelming response that they are pleased with the water. She invited Council to a June 24 Open House at Lake Oswego's West End Building from 5:00-8:00 p.m.with presentations at 6:00 and 7:00 p.m. She said the next oversight committee meeting is scheduled for June 28. Both Councils will meet on July 12,in Tigard. Council President Wilson complimented Ms.Heisler on the public process and information campaign. Mayor Dirksen thanked everyone for the update and said he agreed with Council President Wilson that the public process and information campaign has worked very well. TIGARD CITY COUNCIL MINUTES-JUNE 15, 2010 City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 I www.tigard-or.gov I Psge 5 of9 5. PROJECT OVERVIEW OF WATER RATE STUDY AND WATER SYSTEM DEVELOPMENT CHARGE(SDC) UPDATE Dennis introduced Red Oak Consultants Joe Healy and Paul Matthews,and Tigard's Project Manager John Goodrich. Consultant Matthews presented a PowerPoint on this topic. He said they were in the beginning of the study of the water rates and SDC's that will lead to the funding of the water project. He said there were four major elements to the study: 1. Develop a financial plan (cash flow to fund improvements) 2. Assign costs to various customer classes to equitably share the burden 3. Rate Design Process 4. System Development Charges (SDC's) Consultant Matthews said they would be corning back to meet with Council and the Intergovernmental Water Board in mid-July with preliminary findings on revenue requirements and the cost of service. He said they will then meet in September to talk about the rate design itself. Consultant Matthews said SDC's are designed to offset the cost of growth and help provide equity between existing customers who have been paying into the system for a long time and future customers. He said Oregon law gives guidance on how SDC's are done. He said that over the long run, the revenue you get from SDC's should balance with growth-related improvements. He said another issue they will be examining is the affordability analysis. He said the consultants have also been asked to study whether it is beneficial to the ratepayers to expand service to areas that are not currently being served by the Tigard water system. He gave out a pamphlet to Council called,`Basics of Water Ratemaking." 8:13:30 PM Council President Wilson said, "Given the concept that new accounts should pay for the increase needed to serve them,in our case it's a little different because we've never had our own water system. How do you balance this?" Consultant Matthews said they will look at the water system and all of its functions, including storage facilities, transmission system, distribution system and pump stations. He said they will identify in detail the costs available for growth. Intergovernmental Water Board Member Winn asked about the curve of cost vs. volume — the more you use the cheaper it is - and if something could be done with that concept so that the more you use, the more you pay. Consultant Holland said the issue with a water utility is that the costs are largely fixed. He said the more you use in peak periods drives the sizing of your facilities and increases the cost of your utility. He said they will take this into consideration. Public Works Director Koellermeier added that due to some new regulations,Tigard\;U be required to have conservation-based pricing and this will be incorporated. Public Works Director Koellermeier said staff and consultants will be back to meet with Council several more times to discuss findings and recommendations. He said Council received an initial Communication Plan supporting this effort in their Friday packets,and stressed that communication about this issue is key so staff is putting a lot of energy into design this tool. TIGARD CITY COUNCIL MINUTES-JUNE 15, 2010 City ofTigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 1 www.rigard-or.gov I PQge 6of9 6. DISCUSS INTERGOVERNMENTAL AGREEMENT(IGA) BETWEEN THE CITY OF TIGARD AND THE CITY OF SHERWOOD FOR JOINT FUNDING OF WATER SUPPLY IMPROVEMENTS Public Works Director Koellermeier introduced Sherwood Public Works Director Craig Sheldon who has been working with Tigard's legal staff to bring this proposal tonight. He said the partnership with Lake Oswego has a fixed capacity and Tigard officially expects to get 14 million gallons a day (MGD). He said the current supply plan is using water from the Lake Oswego partnership and buffering it with ASR wells which will get us to the year 2030,according to the latest estimates. He said towards the year 2035 Tigard's water needs will grow above the 14 MGD. He said Sherwood has decided to go to the Willamette Treatment Plant. He showed pipeline alignment maps. He said Sherwood is currently building pipelines and has elected to oversize portions of these improvements due to favorable bidding conditions and anticipation of future use by other Willamette River Water coalition partners. He said Tigard is a member of the Willamette River Water Coalition (WRWC) and is entitled to 20 million gallons per day of those water rights, which have been extended to 2040. Tigard would buy 20 MGD of capacity in the Wilsonville to Sherwood pipeline and have guaranteed access. He said Tigard has the option to pay into this over time. He said the legal question is whether this violates Tigard's Charter Amendment regarding Willamette River water. The City Attorney is confident that he will be able to render an opinion that since this pipeline doesn't connect to the city of Tigard,there is no violation. Public Works Director Koellermeier reminded Council that Tigard's Water Service Area is larger than the city limits and also includes Durham,King City and the Tigard Water District. None of these other partners have the Willamette River restriction the City of Tigard has. As to the question of timing, Public Works Director Koellenneier said it is an opportunity that is being presented to us now as Sherwood builds their pipeline. He said Tigard owns 20 MGD at the Willamette Treatment Plant as part of its membership in WRWC. He said taking action now will ensure Tigard has the future capacity it needs. Councilor Webb mentioned an opportunity she heard about at the last WRWC meeting to place the pipeline along a Metro rail that is going to be built,potentially saving money by combining the work. Sherwood Public Works Director Sheldon said that decision will be made in July. Councilor Henderson noted that the pipe wouldn't connect to Sherwood,but asked if water could go the other direction is case of need. Sherwood Public Works Director Sheldon agreed that it could. Mayor Dirksen asked if Tigard could sell unneeded WRWC water in the future to Sherwood or Tualatin. Public Works Director Koellermeier said that could be done in the terms of our agreement. Sherwood Public Works Director Sheldon said there will need to be upgrades at the treatment plant and a pipe section in Sherwood that would have to be added onto. They are putting in a 48-inch pipe rather than a 36- inch pipe for the regional partners. Council President Wilson said, thinking regionally, having interconnected pipes would be a good idea. Public Works Director Koellermeier said the Intergovernmental Water Board has been following this for awhile. A draft agreement is before Council and staff will schedule approval for a future Council meeting. TIGARD CITY COUNCIL MINUTES-JUNE 152 2010 Cityof Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 1 www.dgard-or.gov I Page 7of9 8:37:34 PM Mayor Dirksen announced a five-minute recess. 8:42:47 PM Mayor Dirksen called the meeting back to order. Agenda Item No.2 was moved from the beginning of the meeting. 2. DISCUSS COMMITTEE FOR CITIZEN INVOLVEMENT ROLE Assistant Community Development Director Hartnett and Assistant City Manager Newton discussed the requirement of having a Committee for Citizen Involvement for land-use decision making. The nature of the CCI's assignment in Tigard has shifted over time. Staff is looking at making changes and clarifying the responsibilities of this committee. The land-use aspect of the CCI can fall to the Planning Commission and in many cities it is the Planning Commission. Assistant Community Development Director Hartnett said staff also suggested better linking the CCI with the Neighborhood Network Progratn, which is part of their current charge. She said the third step is to reinforce to all boards and committees that they have a requirement for public outreach, tailored to whatever their charge or current focus is. She asked Council if they had any issues or concerns. Council President Wilson said he agrees with this. He said the Planning Commission already has a lot of public involvement. He said the problem with the CCI is that they are doing public involvement in the abstract. Councilor Webb said she agreed too, saying there is frustration among some CCI members as to what their charge is. Mayor Dirksen said the City has asked the CCI to be too many different things at different times and to give them a specific charge and task will be good. Assistant City Manager Newton said the CCI is very enthused about the Neighborhood Network and has been involved along. She said she saw a strong role for the CCI in oversight of steering committees that is citizen- driven. City Manager Prosser clarified that under the Neighborhood Network Program the steering committee was to contain representatives from each neighborhood. Assistant City Manager Newton said this would happen after all the Neighborhood Network gets up and running.These members would move onto the CCI. 7. DISCUSS REGULATORY IMPROVEMENT INITIATIVE Assistant Community Development Director Hartnett said the Regulatory Improvement Initiative is a multi- year program to improve the Development Code. She said there are two parts,the Code Improvement Database,and Code Amendments. She said this will make the code more user-friendly and easier for staff to apply consistently. She said,"As we've added to it over time,we have not done a good job of tracking to make sure that the pieces we add fit with what was there." She said planning staff has kept lists of inconsistencies or other problems throughout the years and this project will address them. Assistant Community Development Director Hartnett said the Use Categories portion will clarify which businesses or activities fall within these categories and which ones clearly do not. She said staff created a data base to capture needed corrections and help with assembly of packages for annual or semi-annual omnibus code amendments. She said Use Categories will be discussed this month with Planning Commission and is an example of the cleanup that can be done. TIGARD CITY COUNCIL MINUTES-JUNE 15, 2010 Cin•of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 1 www.tigard-or.gov j Page 8of9 Associate Planner Caines has been designated as the Code Editor and is charged with reviewing all future Development Code amendments and making the code changes clear and cross-referenced. Assistant Community Development Director Hartnett said they are working with legal staff to remove the Sign Code Chapter from the Development Code and put it in the Tigard Municipal Code which gives more opportunity for implementation without coming up against land use laws. She said they will also be working on the Temporary Uses Chapter. Council President Wilson commented that he has been involved with the code for a long time and sees this is as great opportunity to take a comprehensive look and clean it up. He suggested that Zoning Designations be considered as well. Councilor Henderson asked if there would be public outreach. Assistant Community Development Director Hartnett said there will be for each amendment package but not for the initiative as a whole because the changes are so fragmented. Mayor Dirksen asked if the amendments would go through the Planning Commission hearing process and she responded that they would because they are land use actions. Assistant Community Development Director Hartnett said there is hardly anything in the zoning code that doesn't trigger some Measure 56 notice. But she said some things that trigger that Notice are beneficial to a property owner and we need to communicate this. 8. NON-AGENDA ITEMS 9:08:14 PM City Manager Prosser said that the City's Executive Staff reviewed the Tentative Council Agenda and noted that the August 24 business meeting has very few items. He suggested cancelling it which gives Council a block of time from August 18 through September 13 to use for vacations. Council supported cancelling the August 24,2010 meeting. 9. ADJOURNMENT At 9:10:07 PM Councilor Webb made a motion for adjournment and Councilor Buehner seconded. All voted in favor. Yes No Councilor Webb x Council President Wilson x Councilor Buchner x Mayor Dirksen x Councilor Henderson x Carol A. Lager,Deputy City Recorder Attest- or, City of Tigard Date:0G_'- /a, d U/O IAADM\CATHY\CCM\2010\100615.dm TIGARD CITY COUNCIL MINUTES-JUNE 15, 2010 Cityof Tigard 1 13125 Slr'Hall Blvd.,Tigard,OR 97223 1 www.tigard-or.gov I PAge 9 of9