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City Council Packet - 09/23/1997 1 (~'i OREGOS cotj% IGp,R® GtTY 23 1997 Sep 4G t NO-T -Tit ISF.ID T U\odrn ccP l.doc 223 (503) b39-A171 TDD C5p3) 68A 2"2 Hall Blvd.. Tigard, 97 SW 13125 S Revised 9/17/97 1 i CITY OF TIGARD TIGARD CITY COU I, LISIIT IESS MEETING SEPTEMBER 23, 199:76:3 PM TIGARD CITY HALL 13125 SW HALT. BL WARD, OREGON i f PUBLIC NOTICE: Anyone wishing to speak on an agenda item should sign on the appropriate sign-up sheet(s). If no sheet is available, ask to be recognized by the Mayor at the beginning of that agenda item. Visitor's Agenda Items are asked to be two minutes or less. Longer matters can be set for a future Agenda by contacting either the Mayor or the City Administrator. Times noted are estimated: it is recommended that persons interested in testifying be present by 7:15 p.m. to sign in on the testimony sign-in sheet. Business agenda items can be heard in any order after 7:30 o.m. Assistive Listening Devices are available for persons with impaired hearing and should be scheduled for Council meetings by noon on the Monday prior to the Council meeting. Please call 639-4171, Ext. 309 (voice) or 684-2772 (TDD - Telecommunications Devices for the Deaf). Upon request, the City will also endeavor to arrange for the following services: I t • Qualified sign language Interpreters for persons with speech or hearing impairments; I j and • Qualified bilingual interpreters. Since these services must be scheduled with outside service providers, it is important to allow as much lead time as possible. Please notify the City of your need by 5:00 p.m. on the Thursday preceding the meeting date at the same phone numbers as listed above: 639- 4171, x309 (voice) or 684-2772 (TDD - Telecommunications Devices for the Deaf). +f l SEE ATTACHED AGENDA # i LJ E COUNCIL AGENDA - SEPTEMBER 23, 1997 - PAGE 1 AGENDA TIGARD CITY COUNCIL MEETING - SEPTEMBER 23, 1997 i 6:30 p.m. • STUDY MEETING > EXECUTIVE SESSION: The Tigard City Council will go into Executive d Session under the provisions of ORS 192.660 (1) (d), (e), 8T (h) to discuss labor relations, real property transactions, current and pending litigation Issues. { As you are aware, all discussions within this session are confidential; therefore i nothing from this meeting may be disclosed by those present. Representatives of the news media are allowed to attend this session, but must not disclose any ! information discussed during this session. " i > Staff Report to Council on proposed Comprehensive Plan language for additional guidelines when interpreting whether a "mistake or change" has occurred thereby warranting a change In land use designation. d f > Long-Term Water Supply Issues Update (cont. from the 9/16/97 Council Meeting) - introduction Public Works Director - Reports: Murray Smith 8i Associates > Agenda Review 7:30 p.m. 1. BUSINESS MEETING 1.1 Call to Order - City Council 8t Local Contract Review Board 1.2 Roll Call 1.3 Pledge of Allegiance ! 1.4 Council Communications/Liaison Reports 1.5 Call to Council and Staff for Non-Agenda Items i 235 p.m. VISITOR'S AGENDA (Two Minutes or Less, Please) 7:45 p.m. 3. CONSENT AGENDA: These items are considered to be routine and may be enacted in one motion without separate discussion. Anyone may request that an Item be removed by motion for discussion and separate action. Motion to: 3.1 Approve City Council Minutes: August 26,1997 3.2 Authorize and Approve Funding for a Design Study for the Construction of a Permanent Dam on Summer Creek Near 121 st Avenue i 3.3 Approve Budget Adjustments: a. Budget Adjustment No. 4 for Permit Plan Software Conversion - Resolution No. 97-3~ j b. Budget Adjustment No. 5 for Temp2rary Employee In the j Administration Department - Resolution No. 97--L-1U COUNCIL AGENDA - SEPTEMBER 23, 1997 - PAGE 2 p I i I } Consent Agenda - Items Removed for Separate Discussion: Any items requested to be removed from the Consent Agenda for separate discussion will be considered ' immediately after the Council has voted on those items which do not need discussion. 7:50 p.m. 4. GREENSPACES - REVISED PROJECT LIST - AMEND INTERGOVERNMENTAL AGREEMENT WITH METRO • Staff Report: Community Development Department • Council Questions/Comments • Council Deliberation: Resolution No. 97-d 8:10 p.m. 5. REVIEW OF OPTIONS FOR IMPROVING THE APPEARANCE OF THE POND AT SUMMERLAKE PARK • Staff Report: Engineering Department • Council Questions/Comments • Council Direction: Motion: 1. Directing staff to request proposals from consulting firms for the i preparation of a preliminary lake management plan to improve the appearance of the pond. 2. Approving funding in an amount not to exceed $10,000 from Park I 8:40 p.m. { 6. TRIANGLE TIMELINE - STAFF TO REPORT ON DESIGN EVALUATION ALTERNATIVE PROCESS: How long (estimate) to develop procedures for this option for development in the dgard Triangle area. - Community Development Department 9:00 P.M. 7. UPDATE: FORMER TIGARD FEED AND SEED PROPERTY • City Manager 9:15 P.M. I 8. NON-AGENDA ITEMS f 9:30 p.m. 9. EXECUTIVE SESSION: The Tigard City Council will go into Executive Session under the provisions of ORS 192.660 (1) (d), (e), 8t (h) to discuss labor relations, real property transactions, current and pending litigation issues. As you are aware, all discussions within this session are confidential; therefore nothing from this meeting may be disclosed by those present. Representatives of the news media are allowed to attend this session, but must not disclose any information discussed during this session. 9:45 p.m. I 10. ADJOURNMENT iAadmlwthy\cca\970923p. d oc " j I COUNCIL AGENDA - SEPTEMBER 23, 1997 - PAGE 3 li Agenda Item No. TIGARD CITY COUNCIL Meeting of MEETING MINUTES -SEPTEMBER 23, 1997 • STUDY SESSION > Meeting was called to order at 6:30 p.m. by Council President Paul Hunt I > Council Present: Councilors Paul Hunt, Bob Rohlf, and Ken Scheckla. Mayor Nicoli arrived at 7:05 p.m. f > Staff Present: City Manager Bill Monahan; Legal Counsel Pam Beery; Community Development Director Jim Hendryx; Public Works Property Manager John 1 Roy (arrived 7:46 p.m.); Public Works Director Ed Wegner; and City Recorder Catherine Wheatley. i > Staff Report to Council on proposed Comprehensive Plan language for additional guidelines when interpreting whether a "mistake or change" has occurred thereby 1 warranting a change in land use designation. 3 Bill Monahan, City Manager, reported that staff has postponed this item due to direction received from the Planning Commission. He explained that this review was not linked to any particular application but came about as a result of a citizen request for review of the language. - 3 - J. > Long-Term Water Supply Issues Update (cont. from the 9/16/97 Council Meeting) Ed Wegner, Public Works Director, reported that he briefed the Tigard Water District Board ( on this matter last night, and would brief the Intergovernmental Water Board tomorrow. He introduced Chris Huber and Phil Smith of Murray Smith & Associates. Mr. Wegner i mentioned the three primary issues of the Willamette Supply System development: selling it as a quality drinking water project, protecting the water source (Willamette River), and Tigard's need for additional water around the year 2005. Mr. Wegner discussed the IGA process. He noted that Tualatin Valley Water District unanimously approved the draft IGA (which included giving Tigard 25 million gallons per day of water). He suggested that the Council sit down with Tualatin Valley for discussion, following Council and IWB approvals. He said that under this agreement Tigard was in a good water provision position for the next five years. He pointed that Portland has been very good to Tigard in the amount of water Tigard has bought from them over the past three to four years. Councilor Rohlf asked if the IWB supported the IGA. Bev Froude, Tigard Water District, commented that the big selling job would be more to the public than to the IWB. Mr. Wegner concurred. ! Mr. Wegner reviewed the status of the land purchase. He said that Tualatin Valley was not willing to give up their option on the Division of State Lands property by Dammasch but they i CITY COUNCIL MEETING MINUTES -SEPTEMBER 23, 1997 - PAGE I 4 f k 7F were willing to consider other options for handling the land. He mentioned that Wilsonville 1 r0) thought there were other ways to handle this situation, other than by joining a multi- jurisdictional agency to support a Willamette River water supply. Councilor Scheckla asked what happened to the land deal if Metro were abolished. Mr. Monahan explained that the land situation would be resolved before that issue went to a vote. f Chris Huber, Murray Smith & Associates, reviewed the history of Tigard's search for a long term water supply. He noted on a map the location of the 15 mile long Washington County supply line from the Bull Run watershed (Powell Butte reservoir) that Tigard was looking at connecting with. He explained how the process grew from looking at a Tigard connection only to looking at the entire transmission system for water from east to west through Bradley Corners. He mentioned that the studies conducted showed that the transmissions lines were approaching capacity and that demand would exceed supply in five to 1 seven years. Mr. Huber explained the implications that this realization had for the nearby jurisdictions, pointing out that the supply line would not help Tigard out as much as they had thought it might. i Councilor Scheckla asked several questions regarding Wilsonville's participation in the IGA. Mr. Wegner said that the IGA at this time addressed philosophic and authority issues, not financial issues. He reviewed possible options for paying for a line but indicated that how much participants paid and what later participants paid for was still a future discussion. Mr. Huber commented that they needed to focus on which jurisdictions wanted in on this project. i Mr. Huber said that Tigard had two options left for a long term water supply: Portland and the Willamette River. He stated that they estimated that Tigard could only get water from Portland for the next seven to ten years before the capacity limit was reached. He mentioned that most jurisdictions in the area were in the same situation, as Portland sold one-third of their water supply to other jurisdictions, and most of the surplus water contracts expired 2005-2007. If Portland disconnected all non-Portland users, their system would not reach capacity for 50 9 years. Mr. Huber emphasized that there were still many unknowns regarding Portland as a long term water supplier to Tigard. He said that based on conversations they have had with Portland staff, it was likely that Portland would not expand its internal transmission system but rather build new facilities to accommodate the demand from other jurisdictions. In that instance, the other jurisdictions would most likely pay for the new facilities through 25 year contracts but Portland would own the facilities. He said that the cost of an additional transmission line to Washington County was $25 to $30 million while the cost of a third dam in the Bull Run watershed and a new treatment plant could run into the hundreds of millions. Mr. Huber mentioned other unknowns regarding Portland, including the ground water wells status and the political climate (continued willingness to sell to outside users). He said that Portland has been a great partner to Tigard and helpful when Tigard got into a jam but reiterated that they had the same questions about Portland as they had had four years ago. Councilor Hunt commended Ed Wegner for his work with Portland and Tualatin Valley that has resulted in Tigard getting into a better position regarding water provision. Mr. Huber concurred. He mentioned that Mr. Wegner's leadership ability and ability to get people together to talk has helped clarify the Willamette River situation. i E CITY COUNCIL MEETING MINUTES -SEPTEMBER 23, 1997 - PAGE 2 'r v 1 Mr. Huber mentioned the studies done on the Willamette. He explained that in the IGA with Tualatin Valley, Tualatin Valley would give Tigard senior water rights (1973) on the Willamette in return for Tigard withdrawing its application for junior water rights. This would help the Oregon Water Resources Department resolve the multiple filings for water rights on i the Willamette. He said that the land issue mentioned earlier by Mr. Wegner was an issue needing resolution. He pointed out the strong commitment from the current Tualatin Valley staff towards this project, including an offer to participate in the cost of oversizing facilities. Mr. Huber noted regulatory issues under the Safe Drinking Water Act. He said that the 1994 pilot study showed that treated water from the Willamette was of the highest quality. He mentioned the proposed listing of endangered species in the Willamette, (and in response to questions from Councilor Hunt) explained how an actual listing could impact construction costs. He pointed out that they could not start building until they knew which regulations they - had to meet. He concurred that the public perception of drinking Willamette River water was a major issue. Mr. Huber said that the interest, the momentum, and the opportunity has moved the Willamette River supply system option to the forefront as the best option available to Tigard. Councilor Hunt spoke to telling Wilsonville that it should either get in or get out, and to not waiting for six months while they made up their minds. Mr. Monahan said that staff has told Wilsonville that. He said that he did not think that Wilsonville's decision hinged on the prison but on their need for water. Wilsonville needed to decide if they would work with Tigard and _ Tualatin Valley or try to go it alone. Councilor Hunt asked about Canby's involvement. Mr. Wegner said that Canby has agreed in concept. This IGA would have four signatures: Tualatin Valley, Tigard, Clackamas River, and Canby. The City of Tualatin might also join shortly. i Councilor Rohlf asked if the IGA could be structured to promote early participation. Mr. Wegner said that right now it did not do that. He mentioned that Tigard and Wilsonville were the two jurisdictions needing water within the next five to six years. The others could wait. He said that they would work with Wilsonville a little while longer to work something out. Mr. Wegner mentioned several questions that a preliminary engineering report would _ investigate. He noted the political situation of animosity between Wilsonville and Tualatin Valley. Staff wanted to put this project on the fast track. He suggested that Tigard, as the jurisdiction needing water the soonest, commission the study, and figure out later how others could help them pay for it. He reviewed the preliminary schedule to get water from the Willamette to Tigard: three years construction and one year pre-work, including the public process. Councilor Scheckla expressed concern that the next City Council continue with the direction set by this Council. Mr. Wegner said that within a month they should have the IGA signed which was a legal document binding the City. y j CITY COUNCIL MEETING MINUTES -SEPTEMBER 23, 1997 - PAGE 3 s. n .F1 i f Bev Fronde, citizen and Tigard Water District Board member, supported moving ahead i and finding a water supply for Tigard. She said that the final judges of the water supply were I the people, not the government agencies. She spoke to the importance of the public process and selling this to the public. She suggested getting the facts to individual homes and to the neighborhood associations. She pointed out that people knew Tigard was growing, just from the evidence of the increase in traffic, and they could understand the impacts on other services if the information was presented in understandable terms. Councilor Scheckla mentioned getting input from business people also. Ms. Froude noted the success of water conservation efforts. Mr. Wegner explained that the - City was selling less water than last year, even with a 40X0 increase in population. He felt that was due primarily to conservation efforts. Mayor Nicoli expressed his support for the direction of the project and the role of Tigard staff. h He spoke to the Council building a good working relationship with the other Boards and Councils by hosting a catered meeting for all those involved. He suggested bringing in staff or j officials from San Diego who successfully dealt with this exact same problem to make a presentation on how they did it and what to expect. i Councilor Rohlf proposed tweaking the IGA language just enough to reward early participation and encourage jurisdictions to get off the fence. He said that they needed to have s a good PR program lined up in advance of the actual signing of the IGA because Willamette River water was controversial enough that they could lose control very quickly without pre- _ r planning. Mr. Wegner said that staff would was in the process of identifying the cost to hire a G public education/risk communication specialist to help with that. i j Councilor Rohlf suggested publishing these findings in the Tigard Times or Cityscape. Mayor 1 Nicoli spoke to two educational levels: the Boards and elected officials making the decisions, and the public. He emphasized the importance of educating the decision makers immediately, and reiterated his suggestion to host a meeting to start that process. I Mr. Huber spoke to the issue of cost. He said that a ballpark figure was $30 to $40 million for the supply line with engineering costs at 10-15% of that cost. He said that he hoped they would get 10% of the engineering done during the initial study, making a $300,000 engineering study cost not unreasonable. Councilor Rohlf commented that whoever got to the Willamette River water first would do it the cheapest way possible. Those coming later would have to pay more. > Agenda Review > Mayor Nicoli recessed the meeting at 7:40 p.m. 1. BUSINESS MEETING • Call to Order - City Council & Local Contract Review Board i Mayor Nicoli called the business meeting to order at 7:50 p.m. I ~ t CITY COUNCIL MEETING MINUTES -SEPTEMBER 23.1997 - PAGE 4 L . 1 J i a ' 2. VISITOR'S AGENDA: No visitors. i 3. CONSENT AGENDA Councilors Hunt and Scheckla asked to pull Item 3.3b. Motion by Councilor Hunt, seconded by Councilor Rohlf, to adopt the Consent Agenda, pulling item 3.3b. Motion was approved by unanimous voice vote of Council present. (Mayor Nicoli, Councilors Hunt, Rohlf and Scheckla voted "yes.") 3.1 Approve City Council Minutes: August 26, 1997 3.2 Authorize and Approve Funding for a Design Study for the Construction of a I Permanent Dam on Summer Creek Near 121x` Avenue I k 3.3 Approve Budget Adjustments: I a. Budget Adjustment No. 4 for Permit Plan Sofhvare Conversion - Resolution No. 97- b. Budget Adjustment No. 5 for Temporary Employee in the Administration Department - Resolution No. 97- > CONSENT ACENDA - ITEMS REMOVED FOR SEPARATE DISCUSSION 3 Budget Adjustment No. 5 for Temporary Employee in the Administration Department - _ Resolution No. 97- Councilor Hunt asked for further explanation of this agenda item. Mr. Monahan explained j that this was a request for a full-time temporary employee in Administration for three months. j Administration had been sharing a position with Finance; the employee in this position j resigned in July. Staff would like to fill the position with a temporary employee to reassess I " how to structure the position in the future. City Recorder Wheatley advised of several projects f for which temporary assistance would be beneficial. } f i Councilor Rohlf indicated support for the request, referring to demonstration of need, as proposed by staff. Mayor Nicoli advised that he, too, could support the request. Councilor Hunt raised concerns with budgeting process and other needs which may be present within the i organization. Councilor Scheckla noted similar concerns including the earlier direction for no additional staff. The Council discussed the request. Motion by Councilor Rohlf, seconded by Mayor Nicoli, to adopt Item 3.3b. Motion failed. (Mayor Nicoli and Councilor Rohlf voted "yes." Councilors Hunt and Scheckla voted "no.") Mayor Nicoli suggested that the item be put on the September 23, 1997, agenda. l CITY COUNCIL MEETING MINUTES -SEPTEMBER 23, 1997 - PAGE 5 I ' 4. GREENSPACES - REVISED PROJECT LIST - AMEND INTERGOVERNMENTAL AGREEMENT WITH METRO i Mayor Nicoli asked for comments from Councilor Hunt regarding the Council acceptance of the staff recommendations for the revised project list for Metro Greenspaces. Councilor Hunt said that the only two properties he objected to were the Bond Street property and the property above Cook Park. Jim Hendryx, Community Development Director, explained that in this amendment, staff I identified target areas and corridors, rather than specific properties, in order to give them I greater flexibility, should properties drop out. He noted that Council approved the acquisition of the Tualatin River properties owned by the Country Club. i Councilor Hunt asked if the new park land acquired would be developed immediately. Mr. j Hendryx explained that Metro Greenspaces money could not be spent for active recreation I facilities. The Council discussed what would be done with this third large land area. Mayor Nicoli said that he envisioned it remaining as a natural area. Councilor Scheckla pointed out that it was largely a ravine and unsuited to park development. Councilor Hunt said that if they bought this land for greenspaces, he would support the purchase. If they bought if for a park, he would not. Mr. Hendryx mentioned that the public process did identify a need for a natural park in the Bull Mountain area. Motion by Councilor Rohlf, seconded by Councilor Hunt, to adopt Resolution No. 97-40. ` { The City Recorder read the number and title of the resolution. RESOLUTION NO. 97-40, A RESOLUTION AMENDING AN INTERGOVERNMENTAL j AGREEMENT WITH METRO TO OBTAIN FUNDING FOR CERTAIN OPEN SPACE l` AND TRAIL ACQUISITION OR ENHANCEMENT PROJECTS PURSUANT TO LOCAL SHARE COMPONENT OF THE METRO OPEN SPACES GENERAL OBLIGATION BOND MEASURE. Motion was approved by unanimous voice vote of Council present. (Mayor Nicoli, Councilors Hunt, Rohlf and Scheckla voted "yes.") 5. REVIEW OF OPTIONS FOR IMPROVING THE APPEARANCE OF THE POND AT SUMMERLAKE PARK Gus Duenas, City Engineer, reviewed the staff work done at Summerlake. He said that USA recommended two Portland State University professors as consultants on lake dynamics. Staff met with the professors to discuss possible options to improve various aspects of the lake. They concluded that Tigard was not the only community struggling with this problem, and that there was not a short term fix. Tigard needed to develop a plan to do an initial clean up of j the lake and to provide for long term maintenance of the lake with money budgeted on an l annual basis. Staff wanted cost estimates for the various options presented so they could develop a feasible and affordable plan. `f CITY COUNCIL MEETING MINUTES -SEPTEMBER 23, 1997 - PAGE 6 C j 1 I Mr. Duenas recommended setting aside $10,000 from park SDCs to hire a consultant to i develop this plan. He said that the two PSU professors were interested in the work, and had experience in the field. However, the City was not limited to selecting them. Mayor Nicoli asked if citizens could be involved in developing the plan. Mr. Duenas said yes, that staff wanted a plan acceptable to the community, the Council, and the consultants. Mayor Nicoli opened the meeting to public comment. Van S. Camp, 12481 SW Edgewater, asked a series of questions regarding testing and i cooling the lake. Mr. Duenas said that they probed the lake at several points to determine the depth. He explained that both USA and the consultants recommended testing the lake samples for heavy metals, should they decide to dredge it. He emphasized that they did not know whether or not there were any heavy metals in the water but they needed to find out in order to dispose of the material properly. He said that cooling the lake required deepening it to a depth ' of 25 feet. Since the lake was currently only 5.5 feet deep, that did not seem to be a likely k option. He said that they did not discuss Mr. Camp's idea of diverting water from old wells to cool the water down in the summer. { Mr. Camp asked about harvesting the weeds and planting vegetation. Mr. Duenas said that there were various methods suggested for removing the weeds but they needed to be investigated - most were labor intensive and expensive. USA's recommendation to plant trees { around the pond was an option; it would cool the edges though not the center of the lake. Jean Camp, 12481 SW Edgewater, asked about planting willow trees. Mr. Duenas said that willows would be an option. Mr. Camp supported the staff recommendation for the initial clean up effort and a long term 1 maintenance plan. He asked about reducing the nutria population. Mr. Duenas agreed that a long term plan had to look at reducing the nutria and the duck populations to manageable numbers. Mr. Camp questioned spending $10,000 for consultants to tell them what they already knew. Mr. Duenas said that he saw this as an investment that would base their plan on good information and the advice of experienced individuals. It was a means of getting a workable plan for the long term. The Council discussed the consultant selection process. Councilor Hunt expressed his faith in the ability of the staff to select appropriate people to handle the project. Mayor Nicoli mentioned that this was a rare field in engineering with few experts in it. Mavor Nicoli commented that he was pleased that staff was looking at both the short term and long term aspects of this situation. He supported including maintenance costs in the annual budget. Eta Donivan, 12476 SW Edgewater, asked that the lake be improved enough to allow fishing, rubber rafting, and swimming in the lake. i CITY COUNCIL MEETING MINUTES -SEPTEMBER 23, 1997 - PAGE 7 s e :j 1'. I G S Y 1 1 Bill Gucker, 12492 SW Edgewater, asked if the preliminary plan could include Ms. Donivan's suggestion. Mr. Duenas said that that was "pretty ambitious." Mayor Nicoli suggested evaluating the costs for improving the lake to that extent. Mr. Duenas said that the i lake had to be colder for the fish to survive. He reiterated that this was not a simple project, easily solvable. Councilor Scheckla asked what the City's liability would be for active recreation uses. Pam Beery, Legal Counsel, said that she would have to find out more about the ownership of the land before she could answer that question. She agreed that it was a consideration if the lake was upgraded from passive recreation to active recreation uses. James R. Wingo, 12970 Glacier Lily, supported the staff approach for cleaning up the lake and developing an ongoing maintenance process. He asked for more information on the two PSU professors. Mr. Duenas said that Richard Peterson and Mr. Systemma were "limnologists" (experts on lakes) recommended to the City by USA. ! r Howard Banta, 12580 SW Glacier Lily, also supported the staff approach. He asked for I clarification on what the Council would be voting on: all six staff recommendations or only the two listed on the agenda. Mr. Duenas said that staff needed Council direction to hire the consultant and get the funding. The other recommendations were actions that staff would take, following that direction. S Mr. Banta spoke to the importance of using limnologists in dealing with this problem. He asked if the Watershed Management Plan and Capital Improvement Plan mentioned in the _ i per, staff report were USA's. Mr. Duenas said yes. Mayor Nicoli suggested adding this park to the initial planting list for the 2000 trees project. j He noted that they might want to wait for a recommendation from the biologists on what types of trees to plant. Mr. Banta pointed out that as they started planting trees, neighbor viewsheds of the lake became an issue. He asked that staff request the consultants to seriously consider the grass carp idea for biological control. He noted that dams on streams actually improved the water quality of a river by trapping the sediments and phosphorous. He concurred with Mr. Duenas that there was no easy solution that would completely solve this problem. The best they could hope for was to maintain it at a reasonable level on an annual basis. i Mr. Wingo asked about the connection between the proposed dam on Summer Creek at 12151 and Summerlake. Mr. Duenas said that they were related issues. Greg Collier, 12469 SW Edgewater Court, concurred with the staff approach to the clean up and maintenance of the lake. He asked if a reasonable timeframe could be attached to this process. Mr. Duenas said that staff would work on an analysis this winter and might have a recommendation by April. Mr. Collier spoke to using the work already done in testing the lake as a foundation for the next phase. He mentioned that he had thought that the staff report would be available to the public prior to this meeting. Mr. Duenas said that they had hoped to get a report back from USA instead of a letter telling them to get their own consultant. F 3 j CITY COUNCIL MEETING MINUTES -SEPTEMBER 23, 1997 - PAGE 8 1 i I i I iU - f ' i I Mayor Nicoli asked each citizen speaker if he or she would be willing to serve on a task force. Mr. Camp, Mr. Gucker, Mr. Wingo, Mr. Bantu, and Mr. Collier each said that he would be willing to serve. Motion by Councilor Hunt, seconded by Councilor Rohlf, to approve the funding, not to exceed $10,000 from Park SDC, for preparation of a preliminary management plan. t i Motion was approved by unanimous voice vote of Council present. (Mayor Nicoli, i i Councilors Hunt, Rohlf and Scheckla voted "yes.") { 6. TRIANGLE TIMELINE - STAFF TO REPORT ON DESIGN EVALUATION J ALTERNATIVE PROCESS Mr. Hendryx reviewed the staff timeline for bringing a resolution to Council regarding the t design evaluation alternative process. He said that they were aiming for mid-December. Gordon Martin, 12265 SW 72"d Avenue, said that while he understood that Council could j not look at individual situations, not moving on this matter until December effectively i precluded him from breaking ground next summer. Ile said that he has already postponed his appeal of the staff denial of his application for a year in hopes of resolving the situation. i Mayor Nicoli pointed out that a 90 day time line for this type of action by a government agency was pretty good. Mr. Martin concurred but reiterated that that did not help his i situation. Mr. Martin reviewed his concerns regarding the alternative process as outlined in a letter he presented to staff. He spoke for including Triangle property owners on the design evaluation teams instead of staff and consultants, contending that staff was trained to interpret the letter of the law, not to allow flexibility. He said that the Triangle property owners have demonstrated commitment to and knowledge of the whole process. He suggested developing a set of criteria to give the design evaluation team some authority to evaluate the program with flexibility. Mr. Hendryx suggested that Mr. Martin submit a phased plan for those portions of his plan that could meet the standards already in place. 7. UPDATE: FORMER TIGARD FEED AND SEED PROPERTY Mr. Monahan reviewed the history of the City's purchase of the Tigard Feed and Seed property in conjunction with the Chamber. He noted the issues involved with opening up the City's portion to a parking lot. They had to make full improvements in order to remain consistent with the City's standards, and they did not know the long term plan of the Chamber for their property. If the railroad did abandon one line, then the Chamber and the City each gained an extra 25 feet of usable space on their properties. This could impact site plan designs. i I 1 t { CITY COUNCIL MEETING MINUTES -SEPTEMBER 23.1997 - PAGE 9 s y s I i Il Y 4 Mr. Monahan mentioned his recommendation that the City wait on building a parking. He reviewed the options to secure the property with different types of fencing, with costs ranging from $884 to $1690 (split with the Council). He recommended continuing the present fence lease for 6 months while waiting for the railroad situation to resolve itself, as it should shortly. Councilor Rohlf asked how much it would cost to gravel the lot. Mayor Nicoli estimated a cost of $4000 to $5000. Councilor Hunt expressed his concern that the City bought this land for a parking lot and now staff said that they could not use it for a parking lot because it violated a city ordinance. Mayor Nicoli pointed out that the City required people to pave their parking areas. However he favored changing the ordinance to allow gravel parking lots for better storm water } treatment. 1 Councilor Hunt asked what the disadvantages would be to paving the lot now, and extending it + - 1 later if the additional 25 feet came through. Mr. Monahan said the disadvantage was not knowing the final plans of the Chamber. The Chamber could redesign its building to change 1 the access and egress. Its construction activity could encroach on the City's property. ! Location of landscaping was another issue. If the rail-line did vacate the line and turn it over to ODOT, that property might become linked to the City's property to create circulation from Main Street through to Tigard Avenue. Councilor Rohlf concurred with Councilor Hunt's concern about waiting to use this land for parking when that was what they bought it for. - Mr. Monahan mentioned the previous staff plan to pave the lot and do the half street ID improvements at a cost of $55,000. He said that they could put the money for this project back in the budget (they took it out last spring because of uncertainty over the Chamber's plans). Councilor Hunt asked why the property had to be fenced. Mr. Monahan said that fencing was a condition of sale to prevent vehicles from getting too close to the trains. i I Mayor Nicoli suggested laying large logs along the perimeter of the property to prevent cars from driving on to it. Mr. Monahan said that they could explore that option. He mentioned that the fencing contract ran from mid-month to mid-month, and that Council did not need to i make a decision on this matter tonight. Councilor Rohlf suggested using the funds given to the downtown merchants which they did not use, pointing out that the City bought the land to benefit them. Councilor Hunt asked for clarification on why they should wait on the Chamber acting on its property before they did something with theirs. Mayor Nicoli explained that it was an issue of access. The engineering staff wanted the Chamber property to have access through the City's parking lot. He said that the parking lot could be designed to take the variables into consideration. He said that he could support spending $400 to wait six months or going ahead with the parking lot. t CITY COUNCIL MEETING MINUTES -SEPTEMBER 23, 1997 - PAGE 10 .i Y ry' M1 {1 p.. i MA 4 t. Mr. Monahan said that staff would inform the downtown merchant leaders of the Council E preference to start the process to build a parking lot, and ask how they wanted to use the $30,000 remaining in the fund. Councilor Scheckla asked that the staff report include the Chamber's estimate of when they would build on their property. Mr. Monahan reported that he spoke with John Cook who hoped that they would have the money in place in a year. The Council agreed to revisit this issue on October 14. S. NON AGENDA ITEMS > Mr. Monahan reported that he was meeting with the insurance defense attorney tomorrow regarding the November 4 trial. He said that he would request Mr. Farmer to make a presentation to the Council in Executive Session on October 14. y- J > Mr. Monahan reported that Ms. Beery and Mr. Ramis were preparing a proposal to respond to the concerns raised in the evaluation of City Attorney services recently completed by staff. He asked if Council wanted to schedule this item for the October 14 study session. Ms. Beery ' said that they were proposing to formalize the relationship between their firm and the City through a contract. l Councilor Hunt expressed his appreciation for Ms. Beery as their City Attorney because of her good work and consistent attendance at meetings. He asked that it be written into the contract that one person consistently attended the Council meetings. Ms. Beery thanked the Councilor for his comments, and said that they found wording that would continue the existing relationship. i Mr. Monahan noted that the report did a complete analysis of using an in-house City Attorney j versus contract City Attorneys. r - j 9. ADJOURNMENT: 9:35 p.m. CCc~ G~eu >ze (y~ Attest:/ Catherine Wheatley, City Recorder yor, ity o Tigard Date: 12,C t CITY COUNCIL MEETING MINUTES -SEPTEMBER 23, 1997 - PAGE 1 I I - - COMMUNITY NEWSPAPERS, INC. Legal I " P.O. BOX 370 PHONE (503) 684-0360 Notice TT 6931 BEAVERTON, OREGON 97075 Legal Notice Advertising RECEIVED • City of Tigard • ❑ Tearsheet Notice SEP 2 3 1997 13125 SL7 Hall Blvd. • Tigard,Oregon 97223 • ❑ Duplicate Affidavit CITY n{ • Accounts Payable • i - AFFIDAVIT OF PUBLICATION STATE OF OREGON, ) COUNTY OF WASHINGTON, )ss. ( Kat by SnXclPr being first duly sworn, depose and say that I am the Advertising Director, or his principal clerk, of lhdl lgard-Tualltn T~ mes a newspaper of general circulation as defined in ORS 193.010 in the and 193.020; published at Ti rd aforesaid county and state; that the ~~y oun~~BUSille-s.s_Il~eiinr~ a printed copy of which is hereto annexed, was published in the entire issue of said newspaper for ONE successive and consecutive in the following issues: i . September- 18,1997 - i I i `(I j Subscribed and sworn to efb~e me thial 8{ i~ da roof ant ember , 1997 OFFICIAL SEAL ROBIN A. BURGESS 1 Nota ublic for Oregon NOTARY PUBLIC-OREGON *COMMISSION NO. 062071 My Commission Expires: MY COMMISSION EXPIRES MAY 16, 2001 - - ' AFFIDAVIT - CITY COUNCIL BUSINESS MEETING September 23, 1997 - 6:30 P.M. TIGARD CITY HALL -TOWN HALL 13125 S.W. HALL BOULEVARD, TIGARD, OREGON Study Meeting (Red Rock Creek Room) (6:30 P.M.) > Executive Session > Staff Report to Council on proposed Comprehensive Plan language for additional guidelines when interpreting whether a "mistake or change" has occurred thereby warranting a change in land use ' designation. > Agenda Review Business Meeting (Town Hall Room) (7:30 P.M.) > Summertake Park - Options for Improving the Appearance of the - Pond F; > Merestone Dam (121st/Merestone) - Select Engineer for Design J > Greenspaces - Consider Resolution Revising Project List > Report on Status of Former Feed & Seed Property te, TT8931 - Publish September 18, 1997. I j AGENDA ITEM NO. 2 VISITOR'S AGENDA DATE : September 23, 1997 { (Limited to 2 minutes or less, please) i Please sign on the appropriate sheet for listed agenda items. The Council wishes to hear from you on other issues not on the agenda, but asks that you first try to resolve your concerns through j staff. Please contact the City Administrator prior to the start of the meeting. Thank you. STAFF CONTACTED NAME, ADDRESS & PHONE TOPIC t ~ W •1, y ~ c~^ r A a u Jv I Yet LN V h I Yl 0 vex l n G ~ ~ Z.~IT ! ~ i<j!r i (c?CC'Y~~. L~: r n d-cti~ -R-t t. I 1 ~s-•i t~ 'S'. ~x~ ~ K 1`lc~-y°s-{LrD o fZ • ~ i fi r; '7 a G L.~cI ~ 2 c1-~ E 5~i 41 A/ i C AI cv- 7 2 jL2 5 sw z~ c r/ ycvCk of V ! I i i j i I j i r J - Lladm1jolvisltsht.doc 1~ I ~ j I Study AGENDA ITEM # SE SSZCN J FOR AGENDA OF _Sept. 23. 1997 CITY OF TIGARD, OREGON I COUNCIL AGENDA ITEM SUMMARY I ISSUE/AGENDA TITLE Quasi-judicial comprehensive plan mal2 amendment review criteria PREPARED BY: Laurie Nicholson DEPT HEAD OK CITY MGR OK VW-J- i ISSU . BEFORE THE COUNCIL 1 Request to amend the adopted comprehensive plan text and zoning ordinance criteria for quasi-judicial plan map amendments. STAFF RECOMMENDATION This purpose of this agenda item is to provide information. Council does not have to decide on this agenda item at this time. J INFORMATION SUMMARY y On Feb. 18, 1997, Gary Coe of Speed's Towing formally requested that the City revise Tigard Comprehensive Plan Policy 1. 1.2 or delete reference to "mistake or change" in the plan. Staff agrees that the present language (please refer to exhibit A) is vague and can be difficult to interpret. The Shrader proposed plan amendment, for . example, demonstrated the issue with the present Tigard Comprehensive Plan language. The proposed comprehensive plan map amendment was denied by Council because it was interpreted that a change in policy does not represent a physical change. The new language (please refer to exhibit B) will clarify what constitutes a change. OTHER ALTERNATIVES CONSIDERED This item is information; there are no alternatives to consider. FISCAL NOTES i There are no fiscal impacts to consider. i i _ jipuidckp97-01 .stu - i 1 1 j. Light Industrial - Refers to areas deemed appropriate for industrial 1 dcLivities which include minuzaccuring, processing, assembling, packaging or treatment of products from previously prepared materials and which are devoid of nuisance factors that would adversely affect ocher properties. The appropriate zoning districts are Light Industrial (I-L) and Industrial Park (I-P) which also permit offices and related 1 uses. k. Heavy Industrial - Those areas deemed appropriate for intensive ' manufacturing, processing, or assembly of semi-finished or finished t products, including fabrication, and whose operating characteristics are (I potentially incompatible with most other land uses. 1. Public/Institutional - Refers to areas deemed for municipal uses, school I uses or ocher public uses, e.g., Durham Treatment Plant. M. Cpen Space - Areas designated for retention in a natural state and for development for recreational uses, e.g., floodplain, parks, etc. The Community Development Code (C.D.C.) shall provide quasi-judicial changes to the Comprehensive Plan Map which may be initiated by affected parties an a semi-annual basis and approved if the City Council finds: t a. The change is consistent with applicable plan policies; b. A change of physical circumstances has occurred since the original designation; or C. A mistake was made in the original land use designation. y 3. Functional master plans shall be prepared and implemented in conformance with the Comprehensive Plan and the Tigard Community Development Code. i I j i 1 ~ . 7 II - 9 - j 111 Exhibit B: Proposed Tigard comprehensive plan text Language additions will be underlined and deletions will appear with st4keeats. s 2. The Community Development Code (C.D.C) shall provide quasi-judicial changes f to the Comprehensive Plan Map which may be initiated by affected parties on aR as needed basis and approved if the City Council finds: a. The change is consistent with applicable plan policies; b. A change of physical circumstances; or a change in adopted local policy has occurred or change in regional policy has occurred: or the applicant can demonstrate that the proposed change can meet a community need* or c. A mistake was made in the original land use designation; and i d< The proposed change will have no negative impacts on planned or existing facilities, [ f. i i J i - i 02-18-1997 02:45PM FROM SPEED'S ENTERPRISES TO 96847297 P.01 Y 238-6211 1 ' Portland Nationwide ~~alem 1-800.338-6211 ladstone Accounting 'Gresham 503.233-3571 • Vancouver TOM FAX 503-238-3388 Beaverton , 'Lake Oswego 120 S. E Clay "l1 1 Portland, OR 97214 1 I1 TYV\- February 18, 1997 i i City of Tigard 99 City Council j Mayor Jim Nicoli, President Paul Hunt, Councilmen Brian Moore, Bob Rohif, Ken Scheckla Fax: 6847297 I i Greetings: 1 i 1 would like to suggest a legislative amendment to the Tigard Comprehensive Plan. I Policy 1.1.2 that incorporates the word "mistake or change" should be deleted or modified in a way that makes changes of land use designations possible. The current City Council should have the flexibility to change land use designations, instead of being bound by past City Council decisions. I I was a resident of Tigard since annexation in about 1983 until September 1995. 1 i still own a home at 11115 S.W. 135th near Scholls Ferry Rd., and was part of the Shrader application for a Plan Amendment to Community Commercial. The huge volumes of traffic and related noise on three sides make the land of little desire for a residence or for multifamily. The site is best suited for commercial use. Even with Tigard Planning Staff's recommendation and the Planning Commission's recommendation, City Council's hands were tied, since it is nearly impossible to prove a 'mistake or change." I respectfully request that the City Council members review Policy 1.1.2 and revise it to a more flexible and useful tool. Thank you for your consideration. Sincerely, G Coe President GC:sm 1 J I i Item No. For Council Newsletter dated 4 7 MEMORANDUM } i 1 CITY OF TIGARD, OREGON TO: Ed Wegner FROM: Howard Gregory DATE: September 10, 1997 SUBJECT: Feed lot fence r, To keep the fence from D.P. Ncoli Inc. the cost for six month's is $1.70 per ft. or $884.00. And for one year is $3.05 per ft. or $1,586.00. To have a fence installed by Reliable Fence and construction would cost for six month's $1.75 per ft. or $910.00 and for one year is $3.25 per ft. or $1,690. To have the street crew install a cable fence would cost the following. 27 = 12 ft. 4" x 4" treated for the 54 six ft. post $353.16 520 ft. of 1/2 inc. cable is .25 per ft. $130.00 4 personnel for one day $702.08 1 tractor and auger $192.00 1 seven yd. truck for two hour's $ 24.00 1 utility truck $ 56.00 5 yd. of 3/4- rock $ 37.90 total $1,495.86 i ~ C i 1 ~ i AGENDA ITEM y For Agenda of 9/23/97 CITY OF TIGARD, OREGON ! - COUNCIL AGENDA ITEM SUMMARY 1 ISSUE/AGENDA TITLE Design pf 121st Avenue P41M -PREPARED BY: Duane Roberts0 EPT HEAD OK CITY ADMN OK ~f^ ISSUE BEFORE THE COUNCIL Should Council authorize and approve funding for a design study for the ? construction of a permanent dam on Summer Creek near 121st Avenue? STAFF RECOMMENDATION Authorize the study and expenditure of funds. INFORMATION SUMMARY j At its regular 8/19/97 meeting, Council received an update on the status of the Merestone/121st dam project. This project involves the replacement of n existing debris dam with one built as a public improvement. Council had ~,Ireviously directed staff to apply for the necessary Water Resource Department permits for installing a dam and impounding water and also to ? conduct a flood elevation study to address Federal Emergency Management Agency regulations. At the conclusion of the 8/19 discussion, Council directed staff to return with a formal request to proceed with a design study. The work program for the design study is attached. OTHER ALTERNATIVES CONSIDERED Not to participate in a design study. FISCAL NOTES The cost of the study, the elements of which will include the design of the dam structure itself, a design for the re-configuration of the pond, the development of a planting scheme for the area around the pond, completion of a DSL fill/removal permit, and extensive public participation, is estimated at $15,000. The city general fund appears to be the only eligible funding ..source. Staff will return with a request for budget authority at the time _ f bid award. is\citywide\sum\dam.eng I - I I - _ I Summer Creek Dam Design Study I Work Program Below is a list of the major components of the work program the consultant(s) will be expected to follow: 1. Design and prepare construction drawings and cost estimates for the placement of a concrete dam structure on Summer Creek immediately west of 121st Avenue. The design shall meet the Department of Water Resources design and safety specifications for small dams. These include, as a key requirement, a flow regulation structure. The span of the intended dam, from bank to bank, is approximately 30 feet. The height is approximately 5 feet. The design study will be prepared by a professional engineer, registered in Oregon, with specific dam ( design experience. i i 2. Determine the appropriate shape and depth of the pond or detention facility associated with the dam. Determine the amount of material to be dredged or i graded. Estimate the cost of this dredging or grading work and determine the feasibility of disposing of sediment material through the creation of an island or islands within the pond. Determine the cost of the off-site disposal of the spoils, if on-site disposal of all or a portion of the dredged material is infeasible. Prepare a grading plan with finished contours or elevations, including all cut and fill slopes. 3. Prepare a detailed planting scheme and map(s) for the revegetation and enhancement of the disturbed and bare area between the edge of the proposed pond and surrounding privately-owned property, covering approximately three acres in all. The planting scheme shall be consistent with the recommendations _ j contained in the Fanno Creek Watershed Management Plan, which identifies this site as a community-based enhancement project. The revegetation plan shall include a survey of existing vegetation cover and whether it is native or non- native. The plan shall be prepared by a landscape architect, biologist, botanist, or other qualified person with specific knowledge of native plant species, planting and maintenance methods, and survival rates. 4. Prepare a joint DSUCorps of Engineers permit application for the fill, removal, alteration of more than 50 yards of material within a riparian area. The project shall be identified as a wetlands enhancement. In order to expedite the review process, the preparation of this application shall occur immediately after the completion of the city-approved design for the re-shaping of the pond and the revegetation of the pond-side land. - I 9 a I 5. Active public involvement shall be an integral component of the all phases of the work program. To this end, the consultant(s) shall participate in three open house f meetings with the residents of neighborhood around the pond and other interested parties. The City shall be responsible for publicizing and mailing notices of the meetings. The meeting shall focus on the design of the dam, the configuration of the pond, and the planting scheme for the revegetation of the area around the edge of the pond. The purpose of this public involvement is to promote understanding of the overall project, to enhance the quality of technical work, and to build support for implementing the project recommendations. I:\CITVWIDE45UM11AM.ENG E 7 Vii] I i i - I -JI I 'I AGENDA ITEM # For Agenda of Sept 23 1997 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Budget Adjustment 44 for Permit Plan software conversion Q PREPARED BY: Wayne DEPT HEAD OK CITY ADMIN OK TGSiJE BEFORE THE COUNCIL . i Shall the Council adjust the budget for the conversion of permit plan software? b STAFF RECOMMENDATION f Staff recommends approval of the budget adjustment. INFORMATION SUMMARY The 1997/98 adopted budget included $48,000 for the conversion of the current permit plan software from DOS to windows and associated programming. The permit plan system is essential to the continuing provision of - --~evelopment services as it is the data base into which all permits are entered and tracked. The company will no longer support non windows systems and therefore the i conversion is required. The quote from the vendor of the permit plan system totals $58,500. In order to let the contract for this work, the budget must be adjusted. The original amount budgeted was to be spread among three { funds including the general fund, the building fund and the electrical fund. The increase in the budget of $10, 000 will be split among the same three 3 funds. Approval of the attached resolution will provide the funds necessary to accomplish this work. j OTHER ALTERNATIVES CONSIDERED None. { FISCAL NOTES Adjustment appropriates from contingency in the following funds a total of $10,000: General Fund $ 5,330 Building Fund $ 3,248 Electrical $ 1,422 . Total $10,000 i I i I i I AGENDA ITEM # FOR AGENDA OF September 23. 1997 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Rud.,et Adiustment for Temporary Employee in Administration Department PREPARED BY:_C. Wheatley DEPT HEAD OK CITY MGR OK i ISSUE BEFORE THE COUNCIL 0 Shall the City Council authorize a budget adjustment in the amount of $6,500 to fund temporary help to assist the Assistant City Manager and City Recorder until December 31, 1997. STAFF RECOMMENDATION Staff recommends approval of the budget adjustment. INFORMATION SUMMARY --fill Drummond, the part-time office assistant in the Administration Department resigned effective July 22. We 3ve hired a temporary employee who possesses high level clerical skills, good customer services skills and the ability to work with minimal instruction. Staff chose to work with a full-time temporary employee at this time rather than a half-time employee because of the need to progress with several projects: • Assist Assistant to the City Manager with preparation and follow-up for CIT meetings. • Assist Assistant to the City Manager with correspondence, mailings, telephone appointments and general j clerical support in her projects including the Speakers Bureau, Visioning, the media notebook, space committee and other task forces. 1 - , • Assist City Recorder with clerical tasks to work on projects including a review of Ordinance, Resolutions and Policy Decisions; assist with the Volunteerism campaign, complete the Action Planning Committee work on the Community Character and Quality of Life. Staff has begun work on two special events: "Make a P Difference Day" and the "Holiday Tree Lighting." i The Recorder also needs to evaluate the Cityscape format as we are getting suggestions about content and format (Prior to implementing any significant changes, a proposal will be submitted to the City Manager and the City Council.) • Clerical assistance to the Recorder would be beneficial in keeping Council record current, completing follow- up after meetings, keeping tentative agendas current, responding to citizen and staff inquiries, and overseeing packet preparation. • Have someone "trained" as back-up for Jo Hayes, Administration Department Executive Assistant. i L~ i . the time Jill Drummond was filling the part-time position, she was also working part-time for the Finance Department in the Municipal Court. The Court staff is now transferring data to a new software program. To accomplish and expedite this work, they have opted to hire a full-time temporary employee. Therefore, at least for the next several weeks, the FTE sharing between the two Departments is not an option. In addition, Administration staff would like to use this time period to test our long-tern staffing needs. We anticipate that the volunteer program will need some additional care and attention during the initial set-up period. J OTHER ALTERNATIVES CONSIDERED 1. Do not authorize a budget adjustment. ;i FISCAL NOTES In order to provide funds in the Administration budget unit for the temporary employee through December 31, i this budget adjustment appropriates contingency in the General Fund in the amount of $6,500. [ i;ladm\cathy\corresp\lemp.sum i I , i % t v Y- 1 CITY OF TIGARD, OREGON RESOLUTION NO. 97- A RESOLUTION APPROVING BUDGET ADJUSTMENT 0 FOR A TEMPORARY EMPLOYEE IN CITY ADMINISTRATION. WHEREAS, The work load demands in the City Administration budget unit require the addition of a temporary employee for a limited period of time which was not included in the 1997/98 adopted budget. NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council that: SECTION 1: Contingency in the general fund is appropriated for the Administration budget unit in the amount of $6,500. r PASSED: This day of 1997• ii Mayor - City of Tigard ATTEST: City Recorder - City of Tigard • i i Ac itywi de4csol u t"dot RESOLUTION NO. 97-- Page 1 i I I AGENDA ITEM # 1 For Agenda of 9/23/97 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE PREPARED BY: Duane Roberts DEPT HEAD OK VL<- 73CITY ADMIN OK ISS OF B OR THE CO UN T . Should the city amend its inter-governmental agreement with Metro for the pass through of Greenspaces Bond Measure funds as directed by Council. j STAFF RECOMMENDATION Approve the amendment as written. INFORMATION SUMMARY F At its regular meeting on 9/9/97, Council considered changes to the city'sFFF ~ist of local share Greenspace projects and received testimony from citizens fishing to support particular projects. This meeting was a continuation of i' a hearing on the reprogramming of Greenspace funds held in October. At the conclusion of the 9/9 meeting, Council formally adopted an interim t resolution amending the Greenspaces IGA to identify the acquisition of two small tracts along the Tualatin River. In addition to this, Council reached r unanimous agreement on a list of other projects for reprogramming the E balance of the city's Greenspace funds. The attached resolution implements the final IGA changes directed by Council. OTHER A .T 14ATTV ON TD RFD i - I No alternatives to the actions directed by Council were considered. FISCAL NOTRE i The amendment allocates the remaining Greenspaces funds, totaling $633,000, available to the City. i/citywide/sum/g- am2 JJI 1 1 ' I AGENDA ITEM # - 1? I FOR AGENDA OF ' -:11;) CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Options for Improving, the Appearance of the Pond at Summerlake Park I i y- I PREPARED BY: Greg Berry DEPT HEAD OK CITY MGR OK ISSUE BEFORE THE COUNCIL { Staff report on the various options available to improve the appearance of the pond at Summerlake Park. II i` Council authorization to proceed with a preliminary lake management plan is requested. STAFF RECOMMENDATION 1. That Council direct staff to request proposals from consulting firms for the preparation of a preliminary lake management plan to improve the appearance of the pond. 2. That Council approve funding in an amount not to exceed $10,000 from Park System Development Charges ~;r preparation of the preliminary management plan. w ! . INFORMATION SUMMARY At its November 12, 1996, meeting; Council heard the concerns of residents near Summerlake Park that the appearance of the pond was deteriorating and directed staff to find options available to improve its appearance. The resulting staff report is attached. I j OTHER ALTERNATIVES CONSIDERED j None FISCAL NOTES Funds are available from Parks SDC's for this preliminary management plan. i i 1 Xitywide\sum\cais.doc 1 t t I 1 E 1 46 l Options for Improving the Appearance of the Pond at Summerlake Park Background During its November 12, 1996, meeting, Council heard the concerns of residents near Summerlake Park that the appearance of the pond was deteriorating because of the rapid growth of lake weeds and algae. This report is in response to Council's direction to staff to find options available to improve the appearance of the pond and incorporates information provided by lake management consultants and Unified Sewerage Agency staff. Richard Petersen and Mark Sytsma of the Portland State University Department of Biology were especially helpful. Comments from Unified Sewerage Agency are attached. g The pond was studied as part of the Fanno Creek Watershed Management Plan recently completed by Unified Sewerage Agency. The aim of that plan is to improve water quality and fish habitat throughout the Fanno Creek basin. Water temperature has been found to be the most important factor affecting water quality in the basin creeks. Consequently, the plan recommends the planting of native vegetation and shade trees along the pond to reduce warming. j The pond was constructed in 1980 by a developer. It has a surface area of about 6'/Z acres; recent testing shows a maximum depth of about feet and bottom sedimentation averaging j about 8 to 10 inches in thickness with high concentrations of phosphorus. Available Options There are two basic schemes for improving the appearance of the pond: preventing the growth of unwanted plants by altering the conditions that promote growth, and the removal of the plants. The following are some of the options that are available to improve the appearance of the pond: Preventative measures The City currently maintains a buffer around the lake that is permitted to grow without mowing or fertilization. This prevents fertilizer from entering the pond and increasing growth of undesirable plants. The buffer also prevents grass clipping and other debris from falling into the pond. (Clippings can decompose in the pond and turn to unsightly algae within two days.) Duck waste is likely a significant source of nutrients promoting the growth of weeds. (A duck will produce at least one pound of waste each day). Consequently, reducing the duck population should be part of any effort to improve the quality or appearance of the pond. A grape extract product is available that the ducks will eat and find sufficiently distasteful to cause their departure. F i Options for Improving the Appearance of the Pond at Summerlake Park Page 1 , I 7 j S t I ~ i ~ t Another likely source of nutrients is runoff from the portion of the creek basin upstream of the park. This is a rapidly developing area that might be expected to generate polluted runoff from construction sites. Erosion control facilities are required at these sites to minimize the amount i of nutrients entering storm drains and streams flowing to Summer Creek. Runoff from fertilized lawns is also known to contribute to the problem. As part of the Watershed Management Plan, Unified Sewerage Agency is encouraging owners to avoid overfertilization. In addition to preventing nutrients from entering the pond, lowering the water temperature will also result in less plant growth by slowing the rate that the plants use the nutrients. Lower temperatures also provide important fish habitat improvements. Achieving lower temperatures j in ponds is difficult but some improvement may be expected from planting shade trees as 1 recommended in the Watershed Management Plan. Aqualic• plant control One measure to improve the appearance of the pond is to control aquatic weed growth. There are ° three general methods: chemical control, biological control and mechanical control. f Chemical control includes the use of contact and systematic herbicides labeled for use in the water. ~ i - Biological control includes the use of Grass Carp, a sterile aquatic weed eating fish that when used in combination with herbicides, provides a fast kill followed by long term, natural control. However, waste from the fish contain nutrients from the weeds that promotes growth of algae. A permit from the Oregon Department of Fish and Wildlife is required. Mechanical control is the removal of the plants through mechanical methods such as dredging, hand removal, and machines specifically designed for this purpose. While this method has the advantage of quick results, there is the disadvantage that the weeds grow back quickly because the root system remains alive. Fragmented plants can also root and develop into a new plant. i. Other measures to iniprove appearance of the water Aeration can be an effective method of improving water quality by raising the amount of oxygen 1 dissolved in the water and available to support aquatic life. However, this can result in increased growth of algae and weeds as well. Aeration may be accomplished with mechanical aerators, i fountains, and pumping air into the water through diffusers. Exposing bottom sediments to oxygen could result in objectionable odors. Chemical coagulation effectively removes turbidity-producing substances such as clay particles, bacteria and algae. This is best accomplished by applying alum (aluminum sulfate) to the pond surface and allowing it to settle. While this provides immediate results, it is only temporary. I - j( Options for Improving the Appearance of the Pond at Summerlake ParF. Page 2 - I + i i i t~ ~ ' II I Funding i ~ j Water quality system development fees are available to fiord projects that improve water quality. Typical improvements include lowering water temperature and reducing the amount of nutrients entering the water. Projects to improve the appearance of the water, such as plant control, will require other funding. i Conclusions There are a number of methods available to improve the appearance of the pond. While bringing the pond to a pristine condition is not feasible, significant improvements may be expected if sufficient resources are committed. The cost of each method will depend upon to what extent it is used and its place in a lake management program. Because of the high costs involved in some r= . of the options, the development of a preliminary lake management plan is highly desirable. This preliminary plan should include the following elements: j Discussion in detail of the available options, to include costs associated with the options 11 Recommendation of initial actions to improve the pond's appearance with associated costs • Recommendation of long-term maintenance actions required for upkeep of the pond once the initial actions have been completed, again with associated costs Development of such a preliminary program is best accomplished by a firm specializing in lake management. The program should be in sufficient detail to enable a preliminary estimate of the cost including operation and maintenance. After the preliminary plan is completed, the plan should be presented to Council for discussion and direction. The development of an h_ implementation plan and long-term maintenance plan can then follow based on decisions reached during Council deliberations. Recommendations: 1. Continue current practice of maintaining a buffer along the perimeter of the lake. 2. Develop a plan to reduce the duck population at the park. 3. Include the planting of native vegetation and shade trees along the pond as recommended by the Watershed Management Plan in the current capital improvement program. 4. Direct staff to request proposals from consulting firms for the preparation of a preliminary lake management plan to improve the appearance of the pond. 5. Authorize funding from Park SDC's in an amount not to exceed $10,000 for preparation of the preliminary plan. 6. Direct staff to present the preliminary plan, after completion, to Council for discussion and further direction. %engkg,egbarh -menB dm i ~ Options for Improving the Appearance of the Pond at Summerlake Pack Page 3 t i t J L~ wood 1 U ? AUG 2 6 1991 E - UNIFIED SEWERAGE AGENCY OF WASH 10109NMOONNY Date: August 25, 1997 To: Greg Berry, City of Tigard I From: Kendra Smith, Unified Sewerage Agency i„ s Re: Summer Lake Report We have reviewed the report on the sediment samples taken at Summer Lake. The high soil phosphorous levels in the sediment versus the native soils, is cause for some concern. Possible causes for such high levels t may include: 1) high phosphorous soils eroding from upstream areas (currently under development) are depositing in the lake, 2) duck and nutria feces have overloaded the system, and/or 3) residual fertilizer may still be leaching into the lake. In addition, anaerobic soil conditions are known to trigger total phosphorous release from soils. USA suggests that the City consider contracting a limnologist (person specializing in lake dynamics) to j evaluate management options for the site. If excavation of the sediment is determined necessary, we also suggest that you have the sediment already collected tested for heavy metals (a waste characterization for the sediment is required before disposal). Some immediate measures that may help the situation include: • Initiate an intense duck and nutria management program (work with ODFW to reduce the population and eliminate feeding). Educate neighbors about relationship between excessive wildlife populations and water quality (phosphorous and bacteria problems). f • Increase educating the neighbors about poop scoop laws (provide baggies at the Park) I • Plant fast growing, tall trees such as black cottonwood on the south and west side of the lake to increase shading Keep in mind that even deep lakes still have algae problems (Lake Oswego). A combination of management t strategies will be required to reduce the frequency and severity of the algae growth problem. Neighbors should be made aware that it is unlikely that algae will be completely eliminated from the lake, regardless of the measures taken. USA would be happy to discuss the potential management options with the staff or the Council. Lori Faha or i I can be reached at 648-8621. e i - j 155 North First Avenue, Suite 270, MS 10 Phone: 5031648-8621 j Hillsboro, Oregon 97124 FAX: 5031640-3525 1 ABR Incorporated 12265 S.W. 72nd Avenue a1a31Q7 / Tigard, Oregon 97223-8604 Phone: (503) 620-2477 Fax/Voice mail (503) 620-1842 i September 23, 1997 Mayor and City Council City of Tigard { 13125 S.W. Hall Boulevard E I Tigard, OR. 97223 RE: Development Evaluation Team for the Tigard Triangle l i Dear Mr. Mayor and City Council: 1 After considering the Staff's proposal for a Development Evaluation Team (DET) to review developments in the Triangle that do not meet the Triangle Design Standards as specifically interpreted by the staff, I have the following concerns: 1. If the DET is to be made up of city staff and consultants there is no reason to believe that the design standards will be interpreted any differently than they have been in the last six months. The staff is trained to interpret the standards and codes exactly as written. The fact that Eagle Hardware and Tri-County Center cannot meet, under any circumstances, certain critical design standards under staff's interpretation is evidence that flexibility and original intent are not being considered. f Furthermore, when future generations of city staff members and consultants are reviewing projects as part of the DET process, they will not have the benefit of current discussions, or the knowledge and understanding of the problems we are currently facing with the design standards. Under these circumstances, the design standards will become increasingly impossible to meet. 2. If there is to be a DET to evaluate projects, then flexibility criteria must be established which grants the DET the authority to interpret the standards with flexibility and to consider intent. Adoption of the following five points of flexibility j " and clarification will allow proposed and future developments to come closer to meeting the design standards. f A. Topography and Environmental Flexibility. These universal flexibility criteria were originally represented and intended to b applied to Al the design !I Standards. Topography and environmental flexibility was to allow exemptions from j the design standards where topography, barriers such as railroads or freeways, or J environmental constraints such as major streams and rivers, prevent the projects t from meeting the standards. f s 1 i Mayor and City Council CC September 23, 1997 f 1 page 2 E 4 i B. Building setback. The 0-10 foot building setback is for Major and Minor 1 Arterials only. } j C. Street circulation. Under the Performance Option the "point of local origin" for vehicles is at the street, and at the entrance door for pedestrians. The straight j line distance is measured from the point of local origin to the collector or greater facility by a straight line ignoring structures. F D. Building facade. The 300 foot building facade limitation between or through the buildings is for emergency exit only as originally represented. E. Existing Development Conformance. All new development is subject to the design standards and DET review, however, existing improvements on approved developments are not subject to the design standards. New development is defined as buildings or improvements placed on undeveloped ground, or radical redesign of existing developments. _ 3. Considering the property owners to be the only constant throughout the years of E planning for development in the Triangle, it is only logical to have the DET made up entirely of property owners who were task force members. All task force members have a vested interest in the Triangle and have the most to gain if the intent of the design standards are implemented. Furthermore, the task force members are the most knowledgeable concerning implementation and intent of the standards. Most importantly, the task force members have demonstrated continuing long term interest in seeing to it that the design standards are properly and equitably implemented. Sincerely, Gordon S. Martin i f - L~ y 1 I. i i s Agenda Item No.~~ f Meeting of 17 JA 9 /17 CITY OF TIGARD Community Development f ShapingA Better Community MEMORANDUM CITY OF TIGARD TO: City Council {i FROM: Nadine Smith, Planning Supervisor DATE: September 19, 1997 I SUBJECT: Design Evaluation Team Alternative Text Amendment Schedule 1 I propose to begin preparation of the language to add the design alternative in the Triangle to the i Development Code immediately. I will draft language that can be reviewed with City staff, i attorneys, interested public agencies, and members of the public. In addition to drafting code language, 1 would like to have available what the costs will be and what will be required of an applicant as far as application plans when they submit for the process. I anticipate that I will have a document available for submittal to DLCD by mid October and can schedule a public hearing before the Planning Commission on November 17th. This will bring the I issue to Council in early December. I would also like to brief Council once I've developed language to make sure I'm on the right track. • We have determined that the design alternative proposal will make the zoning ordinance amendment to adjust street standards (ZOA 97-0003) unnecessary and would request that the amendment be withdrawn. The public hearing for this amendment had been continued to the Council's September 23rd meeting. ; I