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City Council Minutes - 07/24/2007 Agenda Item No. 'I, ) For Agenda of R , ) I L)-7Fr t TIGARD CITY COUNCIL AND CITY CENTER DEVELOPMENT AGENCY Meeting Minutes July 24, 2007 Mayor Dirksen called the meeting to order at 6:30 p.m. Nurse Present Absent Mayor Dirksen ✓ Councilor President Sherwood ✓ Councilor Buchner ✓ Councilor Wilson ✓ Councilor Woodruff ✓ a • STUDY SESSION > Discuss City Manager Review Process Human Resources Director Zodrow and the City Council discussed how die review will be conducted for die annual review of the City Manager. After discussion the City Council members agreed to follow die sane format as last year and the rating systein will be the same. City Council members also agreed that they would not ask die City Manager for a self-assessment unless he wanted to do so. I Iu inan Resources Director Zodrow will collate the data from die City Council and tie Executive Staff. The City Council will conduct die review on August 28,2007. After the review the City Council will then evaluate compensation for die City Manager. Hu rnaii Resources Director Zodiow will provide the City Council with comparables,including benefits for the Council's review. > Briefing on Proposed Intergovermnental Agreement with Metro to provide Police Department Support to Enforce Metro Illegal Disposal Ordinance —Police Department Police Chief Dickinson reviewed this matter widh the City Council. The proposal is for an inteigoveriunent<'ul agreement between the City of Tigard and Metro to assign a police officer for die enforcement of Metro's code and regulations zvitl regard to solid waste flow control and management,including illegal dumping. The City will be fully reimbursed for the services provided by the additional position as well as charging a 10 percent overhead Tigard City Council And City Center Development Agency July 24, 2007 Page 1 fee to recover administrative costs. This is the same rate the City receives under the TriMet Intergoverniriental Agreement. Mayor Dirksen noted this would help overall because this position would mean that Tigard would have an additional resource if needed. The staff report describing this proposal un more detail is on 61e in the City Recorder's office. After discussion the Council members agreed that the Police Department should proceed with establishing this Intergovcrninental Agreement. Staff plans to submit this item for Council approval on its August 14, 2007,Consent Agenda. • EXECUTIVE SESSION: The Tigard City Council went into Executive Session at 6:54 p.m. to discuss exempt public records and pending litigation under ORS 192.660 (2) (f) and (h). Executive Session concluded at 7:25 p.m. 1. BUSINESS MEETING 1.1 Mayor Dirksen called the City Council&Local Contract Review Board to order at 7:37 p.m. 1.2 =Roll Call: City Council&Local Contract Review Board Naive Present Absent Mayor Dirksen ✓ Councilor President Sherwood ✓ Councilor Bueluler ✓ Councilor Wilson ✓ Councilor Woodruff ✓ 1.3 Pledge of Allegiance 1.4 Council Coinintuiications&Liaison Reports Mayor Dirksen reported there is potential fora future Major Streets Transportation Improvement Plan bond measure. He advised will be bridging a report to die City Council at an upcoming meeting. Councilor Buchner advised she would present a report on recent activity of the Intergovermnental Water Board at the end of the meeting (See Item No. 9. 1.5 Call to Council and Staff for Non-Agenda Items: None. Tigard City Council And City Center Development Agency Judy 24,2007 Page 2 2. CITIZEN COMMUNICATION + John Frewing, 7110 SW Lola Lane, Tigard, Oregon reviewed photographs with the City Council of construction activity on Ash Creel.Estates. Copies of the photographs are on file in the City Recorder's office. Mr. Frewing alleged that a number of dle conditions of approval were being violated, including die following: ■ Tree protection fencing moved. ■ Excavation in close proximity to trees that are to be preserved. ■ Sediment barrier fence is broken. ■ Tree protection zone sign was moved. ■ Heavy equipment working in close pro_xitiiity to trees drat are to be preserved. Mr. Frewing asked Council to direct staff to "forcefully" review the conditions of approval. Mayor Dirksen advised staff has been asked to review and will follow up. Councilor Buchner advised she drove by this area earlier today and noted die fence was rolled back and dirt had been moved. • Tigard Chamber of Commerce President Marjorie Meeks reviewed upcoming events for die Chamber including Chamber of Coininerce week, which is tic first week ii October. In November dlere will be a "Celebration of Tigard" and a membership event. 3. CONSENT AGENDA: Mayor Dirksen reviewed die Consent Agenda: 3.1 Receive and File: Fifth Tuesday Meeting Minutes from May 29,2007. 3.2Amend Resolution No. 01-02 Governing die Membership Composition of the Tree Board-Resolution No. 07-46 A RESOLUTION TO AMEND COUNCIL RESOLUTION NO. 01-02 GOVERNING THE MEMBERSI IIP COMPOSITION OF THE TIGARD TREE BOARD 33 Approve Resolution Resolving to Pay Metro Mapping Fees Associated widh New Annexations—Resolution No. 07-47 A RESOLUTION AMENDING RESOLUTION NO. 07-13 TO EXPAND THE IE INCENTIVES FOR VOLUNTARY ANNEZATION OF UNINCORPORATED LANDS TO THE MUNICIPAL CITY LIMITS TO INCLUDE CITY PAYMENT OF THE METRO MAPPING/FILING FEE 3.4 Approve Resolution Adopting Council Groundiules Changes -Resolution No. 07-48 Tigard Ciq Council And City Center Development Agency July 24,2007 Page 3 A RESOLUTION AMENDING THE COUNCIL GROUNDRULES (EZX IIBIT A)AND SUPERSEDING RESOLUTION 06-51 3.5 Approve Resolution for Adopting Budget Amendment#4 to the FY 2007-08 Budget Increasing Appropriations by$1,049 in the Social Setvices/Cornmunity Events Budget Widhin the Coinimuiity Services Program to Reflect die Cost Associated ividi Providing Insurance for the 41" Brigade I iomeconring Parade Scheduled for August 4,2007- Resolution No. 07-49 A RESOLUTION APPROVING BUDGET AMENDMENT 744r4 TO THE FY 2007-08 BUDGET TO INCREASE APPROPRLATIONS IN THE SOCIAL SERVICES/COMMUNITY EVENTS BUDGET WITHIN THE COMMUNITY SERVICES PROGRAM FOR ONE-TIME ADDITIONAL FUNDING FOR THE 41-""BRIGADE HOME PARADE Motion by Councilor Wilson, seconded by Councilor Sherwood, to adopt die Consent Agenda. The motion was approved by a unanimous vote of Council present Mayor Dirksen Yes Councilor Buchner Yes Councilor Sherwood Yes Councilor Wilson Yes Councilor Woodruff Yes 4. RECEIVE PRESENTATION BY WASHINGTON COUNTY DISABILITY, AGING AND VETERAN SERVICES TITLED, IS TIGARD A GOOD PLACE TO GROW OLD? Risk Manager IVlills introduced Mi. Rod Branyan,Washington County Disability,Aging and Veteran Serwices (DAVS) Human Sercnces Division Manager. Mr. Branyan presented a PowerPoint presentation to the City Council. A copy of this presentation, along with a copy of lAr. Branyan's tallid g points is on file ua the City Recorder's office. DAVS provides services to Tigard residents who are seniors,veterans and people with disabilities. There will be a growing need for services from DAVS because of the trend towards an aging corrununity. In 2005, one u1 eight Oregonians was 65 or older;by 2030, one in five Oregonians will be 65 or older. This is significant because the older we get, the more likely we will need services and assistance. DAVS is developing q five-year strategic plan widh Tigard participating through Loaves and Fishes/Tigard Senior Center. "Tigard City Council And City Center Developnhhent Agency July 24,2007 Page 4 Nh-. Branyan reviewed a recent survey issued by DAVS,called "Is Your Commie ity a Good Place to Grow Old?" DAVS,,vill use the results as they plan future services and funding needs. Councilor Sherwood commented drat one of die first challenges is to create affordable housing, noting die disproportionate share of people over age 55 who are homeless. She noted the need for everyone to work to fuid affordable housing for seniors. Councilor Wilson said he appreciated Mr. Branyan's presentation. I ie noted Tigard's efforts toward a more waIluzble community through addition of sidewalks;also,Tigard officials have been working to see that better transit options are offered to the connm=ty. He noted die needs for seniors as they look for homes designed that are barrier free and how the market demand will change in the future. Councilor Buchner observed plans should be made to support those who will have to continue to work because dley do not have adequate pension or retirement plans. She spoke to the reality of age discrimination. Mr. Branyan acknowledged fiat seniors will be working longer because die),will have a financial need to do so. Councilor Woodruff noted he will be interested to see the results of the survey. He noted the benefit of establishing a relationship widh Mi. Branyan's organization so we can worl:togedher for die benefit of Tigard citizens. Mr. Branyan noted additional funding for services is expected and Councilor Woodruff conhnhented that where there is discretion, the City of Tigard would like an opportunity to weigh-in on how to prioritize expenditures. Mayor Dirksen noted that AARP rated the Portland area as among die top ten places in d-ie nation to grow old, so it appears we are starting out on the right step and said he suspects this ranking night be because we are already looping at the issues for older citizens. > At this point in the meeting Mayor Dirrksen advised that during his review of the Consent Agenda, he failed to mention that the City will be providing insurance for the 41"Brigade Homecoming Parade Scheduled for August 4,2007. 5. RECEIVE LEGISLATIVE BRIEFING FROM SENATOR GINNY BURDICK AND REPRESENTATIVE LARRY GALIZIO Highlights of the briefing from Senator Burdick and Representative Galizio included the following: • The 2007 Legislative Session concluded on June 28, 2007. • There was bipartisanship cooperation on most issues. Tigard City Council And City Center Development Agency July 24,2007 Page 5 • Efforts to "fix" Measure 37 were reviewed. The Legislature decided to propose an alternative ballot measure for voters to consider in November. • Other major bills included gun safety, non-discrinnina don, and additional no- smolang regulations. • Decision on whether to increase the cigarette tax will be referred to the voters. • Reviewed the corporate n7inimurn tax; there is a need for uifrasteucture and the old tax structure is problematic. • A special Legislative Session is scheduled for February 2008. • Consumer protection legislation (identify, theft) was adopted. • Affordable housing funding through a raise in recording fees was not adopted. This uhight be addressed again in February. • Council members requested legislators' attention and assistance with transportation issues in Tigard; especially, easing congestion on Iighway 99W. • Transportation issues did not get addressed during the session. There is a possibility that this will be addressed in February. • Mayor Dirksen dhanked Senator Burdick and IIillsboro Mayor Hughes for 'their assistance"vidi the prevailing wage law outcome as it related to urban renewal. Re order's Note: Mayor Dirkser and the City Council agreed to move the finhlic hearrn s for lbe Sanilag Server Reimbursements(-1Jgenda Rear Nos. 7 and 8 before adjoi1n1h1info /he City Center Demlopmenl -1,Igeng,nleeling;�I�genda Pem No. 8 rva.r heard fir:rl.) City Council meeting adjourned at 9:29 p.m. City Center Development Agency meeting was called to order at 9:29 p.m. by Chair Dirksen. • Roll Call: Chair and Board Members of CCDA Nurse Present Absent Chair Ditksen ✓ Director Buelhner ✓ Director Sherwood ✓ Director Wilson ✓ Director Woodruff ✓ 6. REVIEW OF DOWNTOWN PLAZA LOCATION ALTERNATIVES • Senior Planner Nachbar introduced this agenda iter noting there will be a presentation by consultants Wallcer Macy in conjunction with Leland Associates. They will discuss the Plaza location study. Additional background Tigard City Council And City Center Development Agency July 24, 2007 Page 6 information is on file in the City Recorder's office. He noted it was not expected drat the City Center Development Agency would make a final decision or select a location for a Plaza. The process is moving deliberately and slowly to allow a variety of points of view to be considered and to give people time to absorb die information and deliberate at different meetings. The Fanno Creek Steering Committee and die City Center Advisory Corrunission will report their recommendations to die City Council at a later date. Present for Walker Macy: I1NUe Zilas and Lauua Herbon. Present for Leland Associates: Cluis Zahas. Ms. Herbon and Mr. Zilas presented information un a PowerPoint presentation. The PowerPoint presentation overview is on file in die City Recorder's office. Four sites remained on the list of potential plaza sites: 11. Liquor store site (southeast corner of Main Street/Burnham Street). 2. Dolan Property on Burnham Street (directly east of die Liquor Store site) I Stevens Marine, Inc. site (east of Dolan property on Burnham Street) 4. Car Wash site located at the intersection of Main Street and Burnham Street. Ms. Herbon reviewed how the sites were selected and how potential sites were narrowed down to die four now under review. Mr. Zilas discussed die findings with the connection between the downtown and the park and deterniiiiing die character and quality of those uses. As he reviewed the PowerPoint maps with the City Center Development Agency, he described die potential of knitting the park resource with die downtown and this future Plaza, and the development of a District Plan. Proposed street grid systeuls were shown that could be extended through die redevelopment area that would add vitality and redevelopment potential to activate public areas and redevelopment of other sites. Mr. Zahas conmmented on how dhey had woven in some economic considerations unto the Plaza Location Study. A key reason to place a Plaza in the downtown would be catalyze development projects;it is an economic development tool to attract adjacent development. Adjacent development then would also be a tool to activate and improve the vitality of a public plaza. Housing is likely the strongest opportunity for development in the Tigard City Council And City Center Development Agency July 24, 2007 Page 7 downtown area; retail is somewhat weaker, although there are relatively few vacancies on l\Iaun Street. Retail and office space development potential is limited. The Plaza should be considered as an added incentive to attract development; but the development needs to make some financial sense on its own. A development, therefore,requires visibility and access. The real consideration is whether the Plaza in a location that will meet the fundamentals of die targeted types of land uses we want for the surrounding properties and will those uses draw and attract people to the downtown Plaza. Mr. Zahas reviewed existing conditions. In terms of housing, diere is Main Street Village,which is one of Tigard's highest rent apartment complexes. Tliis is an indicator that apartments are probably viable un die downtown today. There are also some older apartments in the downtown. He reviewed the retail uses now available in die downtown. Mr. Zilas reviewed programming ideas: • Gathering space • Appropriately scaled entertainment venue T • Natural Amphitheater • Struetuire/Shelter • Farmer's Market • Integration of Environment The Steering Committee's suggestions included: • Play Area • Interactive Fountain • Soft Space/Grass • Events o Festivals o Carnivals A wide variety of locations were considered for d-ie Plaza. Mr. Zilas reviewed some desirable elements of a Plaza and after consideration, there were four priinaiy sites. Additional documentation and mapping on these sites were reviewed and the City Center Development Agency received a handout of the four sites,which Mr. Zilas described in detail. Director Buehner said she was uncomfortable with having die Plaza located on Main Street as she thought die focus was to have retail all along this street. She said it seems to make more sense to have the Plaza on Burnham so it can back up to the creel:. Mr. Zilas said they have discussed this and there is value for both locations;if the Plaza is surrounded by buildings and Tigard City Council And City Center Development Agency July 24, 2007 Page 8 coffee shops,it would take on a vitality that can be synergistic with development. Director Woodruff connmented that it appears that many of the Committee members would prefer to tie the Plaza to the park. He said he likes Site 1 the best as long as there is a way to connect it to Main Street for visibility. He said it sounds as if there might be a willing seller for this property. Mr. Zilas said it would be important to continue discussions with the adjacent property owners also. Director Sherwood said she also like Site 1 because there is a larger gathering space connected to the Plaza. Director Wilson recalled a discussion a couple of years ago about the role of parks and stimulating retail development when d-►ere was a proposal to extend the park blocks in Portland. At that tune, there was a position that retail needs to be next to retail because of the synergy it creates. I Ie said he agrees with the other Directors that more buildings are needed along Main Street rather than open spaces. Director Wilson said it will be great to have ?outdoor spaces also. He noted it appears drat in all of the four schemes, the Stevens Marine site is identified widrin (either a park or plaza). He said this illustrates the need for opening up Fanno Creek Park to a public street. Director Wilson referred to the Main Street Apartments, which were built about 15 years ago. They, at fust were disappointed with the occupancy rate and decided to enhance the property tvidi landscaping to snake it more appealing. I Ie said part of the problem is that diese apartments are nett to a natural area for which there is limited access. He noted it would be important to open up this amenity to Burnham Street and to have a gathering space there. I Ie said it was larger than any of the sites under consideration elsewhere. Director Wilson said he understands the need to pay for urban renewal through redevelopment, but said he would like to take a longer term view. Rather than taring to locate the Plaza where there already is something, he would like to see it located somewhere we envision lungs to be happening in the future. I Ie said he would like to "pull" Main Street down some of the other streets and get some activity jumpstarted. Director Wilson referred to areas dhat are required to be natural areas. He encouraged some push back on this. if the National Marine Fisheries and ODFW had their way downtown Portland, there would have been a 200-foot setback from the Willamette River into the north Macadam area. Also, if Clean Water Services had it their way, we would just put a fence around Fanno Creel:with huge setbacks all the way from Scholls Ferry Road to the Tigard City Council And City Center Development Agency July 24,2007 Page 9 Tualatin River. I Ie suggested that the tallk to agencies like this. This is a Town Center; there are a fete places that we have designated for people and he thinks there might be concessions that could be found without harm to the creek. He noted his preference for Site 1. In response to a question from Director Sheiwood, Director Wilson noted that all of the activity downtown now is on Main Street. I Ie said that we have a 150 acre urban renewal area and we are focusing too much on our best area. Although,we want to improve Main Street, he said he would like to see the whole 150 acres improve. Improving areas around 1Vlaua Street, will also help Main Street. Chair Dirksen said all the options ate close, although none of them are exactly his vision. He said a combination of Site Nos. 1 and 5 come closer to the vision he had. He noted how he thinks the location would work to draw people in from Main Street. However, lie said he did not tlinl.: this Plaza can be everything for everybody. He suggested that we look at more public gathering spaces downtown. I Ie noted his agreement with Director Wilson's coirunent that it would be dangerous to focus all the attention in one area. 'Chair Dirksen recommended that the Agency select two Plaza locations. Site No. 1 would be one site;it is connected to Maui Street and would draw from there. He said there is a need for another Plaza that is not connected to a park,which is more of a hardscape area that is extrernely visible and in the center of everything. He described as possible second location as the area immediately across Main Street from the connnuter rail station, bounded by Commercial Street and over to the existing Chamber of Cotrunerce building, extending underneath the 99W viaduct. This would provide a partial cover for use during inclement weather and would be visible from 99W. It could become a place of a lot of energy and draw attention to the downtown. I Ie asked the Agency to consider the development of another public plaza. Director Buehner recalled this had been discussed before. Mr. Zilas said this site had been reviewed. This is a different set of criteria than what they had been considering. In either case, this might be a great place for what the Chau describes;however, their recommendation is to look at programming. It will be challenge, in a town of this size, to make one Plaza viable with enough programming and activity. Mr. Zilas said the Agency should look at this very carefully before it moved ahead with two sites. Director Woodruff also noted the expense and, perhaps a second location could be a long-terra goal. After discussion, Chair Dirksen said he would bow to the professionals as to the order of projects. All development should be done looking to a long- Tigard City Council And City Center Development Agency July 24,2007 Page 10 term view including the development of tills Plaza, which may evolve and become something different such as performing arts center. If you plan now for a second Plaza, as the fust Plaza is developed and the whole concept is considered, you would need to consider how these would affect each other. Mr. Zilas conhtnented how such planning could take place. Director Buchner noted there is a building application ii process for a new building at Site 1. Chair Dirksen asked the Agency to direct die staff and consultant to consider the second site (as he described it) as an option. Next steps were reviewed by Mr. Zilas. There will be a public open house on Saturday with this same information. The Steering Committee, in early August,will discuss dais again and, ideally, will come forth with a recommendation. 'In response to a question from Chair Dirksen, there was consensus among the City Center Development Agency board members d-lat a second option, proposed by Chau Dirksen, be explored. (Adjourrunent: See Item No. "10) 7. FINALIZE SANITARY SEWER REIMBURSEMENT DISTRICT NO. 40 (SW ANN STREET) — INFORMATIONAL PUBLIC IEARING a. Mayor Dirksen opened d-ie public hearing. b. Declarations or Challenges: None. c. City Engineer Duenas presented the staff report. The PowerPoint presentation overview is on file in the City Recorder's office. The District consists of nine lots. The project has been completed and sewer can be made available to the lots. He reviewed the costs of die project and dhe incentive program available to the property owners widnin the District. Councilor Buchner noted she was pleased that this project came in under the estimate. d. Public testimony: None. e. Staff Reconhinendaton: Approve the finalization of the District. f. Mayor Dirksen closed dhe public hearing. Tigard City Council And City Center Development Agency July 24, 2007 Page 1 i g. Council consideration: Resolution No. 07-51 Motion by Councilor Buchner, seconded by Councilor Woodruff, to adopt Resolution No. 07-51. RESOLUTION NO. 07-50—A RESOLUTION FINALIZING SEWER REIMBURSEMENT DISTRICT NO. 40 (SW ANN STREET) AND AMENDING THE PRELIMINARY CITY ENGINEER'S REPORT CONTAINED IN RESOLUTION NO. 07-12 The motion was approved by a unanimous vote of Council present. Mayor Dirksen Yes Councilor Buchner Yes Councilor Wilson Yes Councilor Sherwood Yes Councilor Woodruff Yes S. I'ORNIATION OF SANITARY SEWER REIMBURSEMENT DISTRICT NO. 44 (SW CHERRY STREET) — INFORMATIONAL PUBLIC HEARING a. Mayor Dirksen opened the public hearing. b. Declarations or Challenges: None. c. City Engineer Duenas presented the staff report. The PowerPoint presentation overview is on file in die City Recorder's office. There are 23 lots in the proposed district. The property owners are generally supportive of the project. Some of d-ie owners requested that the sever be uistalled un the rear of their lots. There are about four lots involved. City Engineer Duenas said those lots can be served from the street. The problem widl installation of sewer at the rear is that over time it becomes a maintenance problem. Also there is a grove of trees along the rear of those lots. City Engineer Duenas continued to review the PowerPoint presentation,which included the estimate of the cost of die project, costs to be borne by those-who connect to the sewer and a review of the incentive program to encourage early hook up to sewer. Staff intends that this project be constructed this fall. In response to a question from Councilor Buchner, City Engineer Duenas reviewed d1e location of the four lots where rear service was being requested;if these properties develop, then it is likely they will have to pump when they connect to the sewer. I Ie also reviewed the situation for the other lots within the District. City Engineer Duenas also noted staff was anticipating they would Tigard City Council And City Center Development Agency July 24, 2007 Page 12 encounter rock at about nine feet deep. IIe agreed that it would probably be worth it to explore going to the rear for the four properties. He suggested an option would be to form the District tonight with the understanding that these four properties would be deleted from the District. A separate district would be formed for those four properties. In response to a question froin Councilor Woodruff about whether the controversy about this District was only regarding the four lots, City Engineer Duenas said he believed so as the rest of the lots can be served more easily. Councilor Wilson and City Engineer Duenas discussed how removal of the four properties would impact the cost of the District and the affect if would have on how much the remaining property owners would have to pay for their share of the project. There would be four less properties to share the costs but this would be offset by some amount (although not totally) because the sewer line would not need to be constricted as deep. There might be some blasting of rock although they would loop for other means to get past the rock fust. Mayor Dirksen said he was concerned about the plan not allowing people to fully utilize their lots unless they pump the sewer. IIe said we would be best served if we came up with a plan that would do away with the need for ptuhhping if there is an engineering solution to do it that way. Mayor Dirksen said he understood that one of the houses within the District has a failing septic system now. City Engiuheer Duenas confirmed that there is a failing system and that removing the four lots would not impact this property. Mayor Dirksen noted another concern that if the District is reduced by four lots and then those lots form their own District, how their share of the cost would be affected. City Engineer Duenas said lie thought it would be easier to install the line; however, easements will be required. If property owners agree to dedicate the easements to the City, then the process could be expedited and the process for property purchase and appraisal would not be needed. Mayor Dirksen said it appears to make sense to separate these lots from the proposed District. d. Public Testimony Martin Stewart, 7570 SW Cherry Drive,Tigard, OR 97223 and Pat Hermanson 7530 SW Cherry Drive,Tigard, OR 97223 offered testimony. Mr. Stewart noted his appreciation for die Council consideration for separating out the four lots. IIe noted how this would affect the cost on his propertyand how removing them from the proposed District would assist thein now and if they decided to develop in the future. Mr. Martin distributed a leap for the City Council's review. I Ie also had submitted a letter, which was included in the City Council's packet materials. Ms. IIermanson also noted her concerns about needing to punhp sewer and one property might have to cut into thew: driveway. City Engineer Duenas noted Tigard City Council And City Center Development Agency July 24,2007 Page 13 how die incentive program would assist with the cost. Mr. Martin said he feared drat the project would encounter a lot of rock thereby raising the costs. Councilor Sherwood noted die value of adding sewers to properties and that the City wants to be as accomi-nodating as possible. There was discussion about die estimate. She noted teat City Engineer Duenas would not be able to give a good cost estimate tonight. City Engineer Duenas said staff could redesign die project, calculate a revised estimateand then send notices out to die property owners with this information. Councilor Sherwood said she would much rather be accom modaLing for these four lots if possible. Mr. Greg Edwards, 7545 SW Cherry Drive, Tigard, Oregon, testified drat it is projects like diis that have created his need to move away. IIe said diere was no reason why septic tanks should fail Widl proper maintenance. IIe noted the History of the lots when developed and how consideration was given for septic systerms at the time. He referred to die amount of rock on Ills property and said he was sure that diey will lhit rock within two or three feet deep. He also noted holy the City failed to serve their constituents when die 'tech Center property was developed. With regard to tie incentive program, Mr. Edwards asserted dhat dais is taxpayer money—the City doesn't have any money. Councilor Wilson responded that dais money comes from the sewer rate payers;i.e., those who are connected to the sewer. City Engineer Duenas advised that septic systems have a fuhite life; there is a failing system within this area at diis tirme. e. Staff Rcconiniendation: City Engineer Duenas recommends dlat the City Council approve the formation of this distraction with the four lots deleted. Staff will explore forming a separate district. Staff will redesign the project. IIe requested that die City Council move ahead with the approval of the formation of District. When the new design is complete and cost estitmates calculated, di-is information will be provided to the property owners and die City Council. After brief discussion, it was determined that once die revised Engineer's Report is available, there will be another public hearing for those affected. The City Council would proceed with forming die District with the direction to staff to reconsider die design based on the discussion by the City Council. f. Mayor Dirksen closed the public hearing. Tigard City Council And City Center Development Agency _)Lily 24, 2007 Page 14 h. Council Consideration: Resolution No. 07-50 Motion by Councilor Sherwood, seconded by Councilor Buchner, to adopt Resolution No. 07-50 as discussed tonight. RESOLUTION NO. 07-51 —A RESOLUTION ESTABLISHING SANITARY SEWER REIMBURSEMENT DISTRICT NO. 44 (SW CIERRY DRIVE) The motion was approved by a unanimous vote of Council present. Mayor Dirksen Yes Councilor Buchner Yes Councilor Wilson Yes Councilor Sherwood Yes Councilor Woodruff Yes 9. COUNCIL LIAISON REPORTS Councilor Buchner advised that the Intergoveriunental Water Board approved the two transfers of land for Cantebuuy and for the Water Building site;however,it deferred snaking a decision on the lease. (Recoide!'.r Note: This agenda older tvar izal7nitged. The Cid,Council iveeling;Pas adjoia lied al 9.29 p.m.; ll)e city Ce111e1'Det)elopiiieltl f1geii_ iiieeliiig it�Cts coilCllieled Cif el'll)e Cid,Co,,tilcil illeeliii and aq ounied al /0:/8P."/j.) 10. ADJOURNMENT: 10:18 p.m. Motion by Director Woodruff, seconded by Director Wilson, to adjourn the meeting. The motion was approved by a unanimous vote of City Center Development Agency Board members present. Chau Dirksen Yes Director Buchner Yes Director Wilson Yes Director Sherwood Yes Director Woodruff Yes Tigard City Council And City Center Development Agency July 24, 2007 Page 15 r Catherine Wheatley, City Recorder Attest: 'All ll Mayor, ity of Tigard/ Date: ]:�:1DI1\C;uhy�CC�I\21107\07[Y731 ccm.auc 7 Tigard City Council And City Center Development Agency July 24,2007 Page 16