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City Council Minutes - 08/28/2007 Agenda Item No. 3 l y, For Agenda of --- �f 1f�G,1111�1[), TIGARD CITY COUNCIL/LOCAL CONTRACT REVIEW BOARD/CITY CENTER DEVELOPMENT AGENCY Meeting Minutes August 28, 2007 Mayor Dirksen called die meeting to order at 630 p.m. EXECUTIVE SESSION: The Tigard City Council went into Executive Session to discuss litigation likely to be filed widi its legal counsel and to evaluate die employment-related performance of dne chief executive officer under QRS 192.660(2)(h) and (i). Executive Session concluded at 7:15 p.m. tr Name Present Absent Mayor Dirksen ✓ Councilor Buehiier ✓ Councilor Sherwood ✓ Councilor Wilson ✓ Councilor Woodruff ✓ Staff Present: City Manager Prosser, City Recorder Wheatley, Community Development Director Coffee, Senior Planner Nachbar, City Attorney Rninis, Risk Manager Mills • STUDY SESSION > Discussion on Downtown Plaza Location—Coininunity Development Department Senior Planner Nachbar reviewed the process to date to invohre people. The Fanno Creek Steering Committee and die City Center Advisory Commission recoiritnend the Stevens Marine Site which is directly on Fanno Creek Pari:and complements d1e downtown plan and lends itself to redevelopment die most. Adjacent property is owned by Dan Dolan who has been amenable to talking about selling. Two people plan to testify on die Plaza Location: Alice Ellis Gaut to represent the Fanno Creel: Steering Conunittee and Alexander Craghead to represent the City Center Advisory Commission. Tigard City Council,Local Contract Review Board, and City Center Development Agency Meeting Minutes August 28, 2007 Page 1 > Council Liaison Assigiunents—Administration Department Council discussed the City Council Liaison Appointment Matrix;a copy is on file in the City Recorder's office. New appointments are needed for those positions that had been assigned to former Councilor Harding. Changes made include die following: • Councilor Woodruff will serve on the Metropolitan Area Communications Colnlnission. • Councilor Sherwood will seine on the next rotation Quly—December 07) for die Mayor's Appointment Advisory Coiiunittee. Councilor Bueliner will serve January— June 08. The candidate elected in November will serve die July-December 0S term on this colrimittee. • Councilor Wilson will sercre on die Tualatin Bashi Natural Resource Coordinating Committee. • ADMINISTRATIVE ITEMS -Discussion on Downtown Street Lights Mayor Dirksen said that if die citizen group wants to re-explore the street lights for downtown, then the City Council would be willing for diene to do so. It was noted that die Streetscape Committee no longer is meeting;however, die former members of this committee could discuss the matter with the City Center Adjnsory Commission if they choose. Community Development Director Coffee advised that the CCAC voted 4-2 to recomtnend to die City Council that the issue of streetlights be reopened and revisited. Mayor Dirksen agreed to do as CCAC requested but emphasized drat a decision needs to be made soon. Comma- pity Development Director Coffee asked if the City Center Advisory Coni mission is die group that will decide tie final selection. Mayor Dirksen said the City Council would make die final recoinmendation. Councilor Sherwood added that the Mayor and City Council members are trying to make sure that the City Center Advisory Colminission members are heard and their recolmrnendations considered. In response to Councilor Wilson's question about whether a consultant has been involved in tie process, Senior Planner Nachbar said that he recently tallied to a consultant and has also received some references to some good websites. He said he feels confident drat at least five to seven viable examples can be produced. Senior Planner Nachbar asked about design;it has been prewired that a traditional design is desired. Councilor Wilson said he thought a traditional design had been decided upon and this should not be reopened. I-Es question was whedier die City should commit to die PGE-approved light and what would be die consequences if anodler light was selected. Councilor Buchner and Mayor Dirksen said they would want to know the price differential. At the conclusion of the discussion about a traditional style, Councilor Wilson said rather than a replica of an Historical traditional style,it might be worth considering a style with traditional lines to it. Tigard City Council,Local Contract Review Board, and City Center Development Agency Meeting Minutes August 28, 2007 Page 2 -Discussion on Consent Agenda Item No. 4.4 Regarding the WasUington County 10-Year Plan to End Homelessness Grant Application Councilor Sherwood advised she would request this Item be removed from die Consent Agenda for separate consideration as some clarification is needed. - City Recorder Wheatley reviewed the following corrections: • Correction to Page 12 of the June 10,2007 Tigard City Council, City Center Development Agency Meeting minutes. The correction is to note that Councilor Wilson did not vote on Agenda Item No. 7; Councilor Wilson did not participate in flus discussion and was not seated at the Council bench. • Correction to the proposed Resolution before the City Center Development Agency in Agenda Item No. 6--Selection of Downtown Plaza Location. The resolution submitted for review should have been a resolution for the City Center Development Agency rather than the City Council. City Council members received a revised draft resolution. 1. BU�INESS MEETING 1.1 Mayor Dirksen called the meeting to order at 734 p.m. 1.2 Roll Call Name Present Absent Mayor Dirksen ✓ Councilor President Sherwood ✓ Councilor Buelmer ✓ Councilor Wilson ✓ Councilor Woodruff ✓ 1.3 Pledge of Allegiance 1.4 Council Communications &Liaison Reports: None 1.5 Call to Council and Staff for Non-Agenda Items: None 2. PROCLANIATIONS: Mayor Dirksen proclaimed September 2007 as National Alcohol and Drug Addiction Recovery Month Proclamation 3. CITIZEN COMMUNICATION • Chamber of Commerce Representative—President Marjorie Meeks updated the Mayor and Council on activities. Next monde the Chamber hopes the Mayor will declare the first ween.in October as Tigard Chamber Week. She reviewed the plans Tigard City Council,Local Contract Review Board, and City Center Development Agency Meeting Minutes August 28, 2007 Page 3 for the week. Mayor Dirksen and the City Council members confirmed that the proclamation will be forthcoming. • City Manager Prosser reported on follow-up from previous citizen communication. At the last City Council Business meeting Mr.John Frewing raised concerns about decisions the City Manager made regarding the Comprehensive Plan. Following diis, City Manager Prosser said he sent an e-mail to Mr. Frewing and explained the reasons for his decisions and invited Mr. Frewing to discuss questions or concerns at anytime with the City Manager. Subsequent to dhis, the Planning Commission reinstated tie language drat was ui question. 4. CONSENT AGENDA: Mayor Dirksen reviewed die Consent Agenda: 4.1 Approve Council Meeting Minutes: June 12, 19,26 and July 10,2007 4.2 Re-Approve Tigard Library Policies 43 Authorize the Mayor to Sign tie King City Urban Service Agreement— Resolution No. 07-57 A RESOLUTION AUTHORIZING THE MAYOR TO SIGN THE KING It CITY URBAN SERVICE AGREEMENT AND ASSOCIATEDADDENDUM FOR THE PURPOSE OF IDENTIFYING AND COORDINATING TIGARD'S AND KING CITY'S COMMON URBAN SERVICES BOUNDARIES 4.4 Approve Budget Amendment #5 to FY 2007-08 Budget Increasing Appropriations by $5,000 in the Social Services/Coinmtuhiry Events Budget within die Community Services Program to reflect tie Costs Associated I'vidl Providing Funds to support Washington County's 10-Year Plan to End Homelessness Grant Application—Resolution No. 07-58 A RESOLUTION APPROVING BUDGET AMENDMENT#5 TO THE FY 2007-08 BUDGET TO INCREASE APPROPRIATIONS IN THE SOCIAL SERVICES/COMMUNITY EVENTS BUDGET WITHIN TILE COMMUNITY SERVICES PROGRAM TO REFLECT THE COSTS ASSOCIATED WITI PROVIDING FUNDS TO SUPPORT WASHINGTON COUNTY'S 10-YEAR PLAN TO END HOMELESSNESS GRANT APPLICATION Councilor Shetwood requested Item No. 4.4 be removed for further clafiftcation. Motion by Councilor Buelmer, seconded by Councilor Wilson, to approve the Consent Agenda, less Item No. 4.4. The motion was approved by a unanimous vote of Council present. Mayor Dirksen Yes Tigard City Council,Local Contract Review Board,and City Center Development Agency Meeting Minutes August 28, 2007 Page 4 Councilor Buellner Yes Councilor Wilson Yes Councilor Sherwood Yes Councilor Woodruff Yes Councilor Sherwood advised in the City Council packets last week, the budget alllendrnent for die$5,000 appropriation goes toward the writing of the 10-year plan to end homelessness un Washington County. The City of Hillsboro, the City Beaverton and quite a few of the other cities gave smaller amounts. As a result the $50,000 needed to prepare for d1e grant has been realized. Councilor Sherwood said she was concerned because the staff report was written in such a way that someone might interpret that a grant was going to be received in the amount of$50,000,which is not die case. She explained that to get any funding from the federal government in the next few years,a 10-year plan to end homelessness needs to be written. She noted she will be working to assist in writing the plan. Motion by Councilor Sherwood, seconded by Councilor Buehi-ier, to approve Budget Amendment No. 5, to increase appropriations by$5,000. ThdrnoEon was approved by a unalinklous vote of Council present. Mayor Dirksen Yes Councilor Buchner Yes Councilor Wilson Yes Councilor Sherwood Yes Councilor Woodruff Yes City Manager Prosser noted the City Council approved the minutes of the June 10, 2007,City Council meeting widi a correction. The correction was to note that Councilor Wilson did not vote on Agenda No. 7 regarding calling a special election to elect a City Council member. Councilor Wilson did not participate in the discussion, nor was he seated at the Council bench for tris discussion. The Mayor noted the City Comicil acknowledged the correction to the minutes. 5. ANNOUNCE THIRD ANNUAL FAMILY FEST Executive Assistant to the City Manager Bengtson presented a report on the upcoming activities for Family Fest, September 6-8, 2007. Activities are all free of charge and will include: • A Mad Hatter Unbirdlday Party • Genealogy researchers will be available to help people research their family history ni the library. • Movie Night—featuring a fust-iun,kid-friendly movie. • Fun Run (walliers, strollers,well-behaved dogs are welcome). • Free breakfast at the Fun Run finish line. Tigard City Council, Local Contract Review Board, and City Center Development Agency Meeting Minutes August 28, 2007 Page 5 • Treasure Hunt in Tigard Downtown. • Magic Show. • Tualatin Valley Cotntnunity Band and free ice cream to celebrate die City's 46"' birthday. • Fireworks show. Mayor Dirksen commended Ms. Bengston for the work she has done on this event; she has done a"terrific job!" Recorder's Note: Mayor Dirksen and the City Council decided conduct die public heating for Agenda Item No. 7 at this time, Convene City Center Development Agency (CCDA) Meeting • Chair Dirksen called the City Center Development Agency meeting to order at 8:01 P.M. • Ir Roll Call: Chair and Board Members of CCDA Naive Present Absent Chair Dirksen ✓ Director Sherwood ✓ Director Buehner ✓ Director Wilson ✓ Director Woodruff ✓ 6. PUBLIC HEARING—SELECTION OF DOWNTOWN PLAZA LOCATION Written and oral testimony is solicited as the CCDA considers tlhe location of a public plaza un Downtown. a. Chair Dirl�sen opened tie public hearing. b. Declarations or Challenges: City Attorney Ratnis advised drat if any member of die City Center Development Agency has an actual or potential conflict involving dus area, this would be the tune to announce it. There were no declarations or challenges. c. Senior Planner Nachbar presented the staff report. I Ie reviewed the history of the process to date. The Fanno Creek Steering Committee and City Center Advisory Commission have been asked to snake independent recommendations wide regard to the location of die public plaza. A copy of die staff report is on file ui die City Recorder's office. Tigard City Council, Local Contract Review Board, and City Center Development Agency Meeting Minutes August 28, 2007 Page 6 The City Center Development Agency is being asked to conduct this hearing and make a decision and identify the site that it would like to see for the public plaza and to endorse the concept surrounding the public plaza. The PowerPoint presentation overview is on file in the City Recorder's office. The presentation included the following information: • Downtown Improvement Plan—Preferred Design Alternative • Aerial Photo of the Downtown • Downtown Improvement Plan—Map —2005 • District Plan • I3conotnic Considerations • Preliminary Program (Plaza Program) • Steering Coinnuttee Suggestions • Map —Plaza Locations • Site Evaluation (Location Matrix) • Maps of Sites One,Two, rive and Six,Plus Pros and Cons 'Consultant Mike Zahas addressed the CCDA on the process and the selection of the Stevens Marine property. Mr. Zahas said there was an in-depth process where the Steering Coimnittee and the public gave input. There were two good choices for the City: 1) the corner of First and Mail, and 2) the Stevens Marine site. Through the dialogue with the Cotmiuttee and the public, it became evident that people were interested in the connection to the park to provide a softer approach to the Plaza. The selection made by d-ie Committee was a wise one and will be a great space. Mr. Dan Dolan is on the Conuruttee, has adjacent property, and is interested in seeing the potential. There is potential to catalyze redevelopment and bring activity down Burnham Street. Director Wilson cotmnented that in selecting a site, the Downtown Plan does not allow for the use of eminent domain to acquire sites. A key factor will be: Are the likely to be able to acquire dhis site. He asked Senior Planner Nachbar what the current agreement is with Stevens Marine. Senior Planner Nachbar advised said they do not have a formal agreement;we have a memorandum of understanding. Senior Planner Nachbar has made an attempt over die last six months to discuss with Mr. Stevens his interest ih working with dhe City Center Development Agency. Mr. Stevens indicated that he is interested in moving out of the downtown widnun die next two to five years. An appraisal has been done on the property and this has been shared widh Mr. Stevens. Mr. Stevens still has some business planning to do to make his decision;however, Senior Planner Nachbar understands that Mr. Stevens is conunitted to working with the City Center Development Agency and moving out of the Downtown. There is indication that tlhis will be workable. In addition to the Stevens Marine property there is potentially odler property owned by Mr. Stevens that might benefit the Tigard City Council, Local Contract Review Board, and City Center Development Agency Meeting Minutes August 28, 2007 Page 7 City in terms of its connections. The next step would be to work towards a legal agreement with Ml. Stevens. Director Buehner asked if the CCDA were to adopt the Stevens Marine site,is Mr. Dolan aware of this and are there future plans to look at his property. Senior Planner Nachbar advised that Mr. Dolan is frilly aware as he is on tie Committee that made the recommendation for die Stevens Marine property. Mr. Dolan has been forthright in saying that he would be willing to work with the City. The next step after the Plaza location decision is made would be to work with property owners adjoining the Plaza, along with Leland consultants, to attempt to determine what kind of development could be feasible next to a Plaza. Part of the contract with Walker Macy calls for some preliininany design concepts and design guidelines; this will assist property owners and die City to decide whether we can move forward with a "real project." Director Wilson asked if the intent would be to not develop a Plaza un advance of any adjacent development, but to move forward at the same time. Senior Planner Nachbar replied, "Most definitely...because we really want to take advantage of that ability fora Plaza to catalyze development and work togedler." `Senior Planner Nachbar summarized the public process followed Nvitl the rarmo Creek Steering Conuhiittee, City Center Advisory Conunission,Tigard Chamber of Commerce, Kiwanis Club, a public open house,more than 900 letters were sent out as well as a number of e-mails to a large interested party list. The recommendations from the August 8, 2007, ranno Creek Steering Committee were to endorse the Stevens Marine property for the location of die Plaza and also they endorse the Concept Plan surrounding die Plaza. At the last City Center Advisory Coininission meeting,it also endorsed the Stevens Marine property as a location and a Concept Plan. The Concept Plan addresses circulation, Plaza location, and a preliminary set of uses the consultant advises is likely to be feasible. Although, the consultant will continue with their analysis, so more modifications are possible. Director Woodruff noted the City Center Development Agency member have heard from business owners on Burnham of concerns about development occurring there. I Ie asked Senior Planner Nachbar if he believed they were "fully up to speed" and while there might not be total consensus, is'there a sense that this is something they could live with, "if we were to move ahead with tis." Senior Planner Nachbar said he could not speak for everyone and there is nota large formal group that represents the downtown businesses. Staff has tried to make contact with these business owners and 'invite them to the Chamber of Commerce meetings. Senior Planner Nachbar said he has not heard of any major objections, "but again, I can't speak for everyone." d. Public Testimony Tigard City Council, Local Contract Review Board, and City Center Development Agency Meeting Minutes August 28, 2007 Page 8 •, Alice Ellis Gaut of the Fanno Creek Steering Conunittee, 10947 SW Chateau Lane,Tigard, Oregon. The presentation to the CCDA tonight captured most of the elements the Committee feels is advantageous about Site No. 1, including die easy land acquisition and the connection to the park. She referred to the rating of"low visibility" for this site; however,it die design prepared by Walker Mace,it appears to draw interest and direct sight down d-ie street to die Plaza. If an area near this develops as an "extra Plaza," it could become part of die mixed use development and would not be a City project. This would bring attention from bod-i directions traveling on Maul Street to the fact drat there is a public space. She reviewed the design that would be anchored by architectural elements. She also referred to the potential for a Performing Arts Center near the Plaza location. The next choice by tie Coininittee was Site No. 5. Director Buchner commented that she did not agree that there are problems widh lack of visibility. Ms. Ellis Gaut said she was also puzzled by this concern; however, she explained that the Main Street through traffic did not have visibility. Wits the visual elements contemplated to open up die corner, she agreed with Director Buchner that dhis should not be an issue. • Alexander Craghead,Vice Chair of die City Center Advisory Commission and Lily Lilly, City Center Advisory Commission member presented testimony. Mi. Craghead advised die CCAC received its final presentation on die Plaza location last week. Overall, Site No. 1 has been a favorite for awhile; however, they did consider other options. The reconunendation made by the Fanno Creek Steering Committee did have "a lot going for it." The Concept Plan was a major factor in making this the first choice because it would be a Plaza that would be integrated within downtown. Mr. Craghead agreed that the visibility issue would go away because Burnham Street will be redesigned,which should generate excitement and interest. This site was appealing also because it appears to be most compatible with the Tigard Downtown Improvement Plan. Ms. Lilly said drat from her point of view as a "sustainable developer" she said she has "loved this site" since she first saw it. The site catalyzes the natural environment of Tigard and brings together a focal point, creates a focus on green and sustainable development, and diere appear to be less issues with acquiring this site,which is larger dian most of die other sites. She noted she is "very,very excited about this design" and drat everyone has agreed. She said she thinks Walker Macy did a tremendous job providing options. • Matland Henderson, 11795 SW Katherine Street, Tigard, Oregon, said he attended tie Port Moody tour, which he commented favorably upon. He said he was testifying as a citizen and one of the directors of the Tigard Area Tigard City Council, Local Contract Review Board, and City Center Development Agency Meeting Minutes August 28, 2007 Page 9 Farmer's Market. Mr. Henderson read a letter and a copy of this letter is on file u1 the City Recorder's office. He noted support for Site No. 1 for die Plaza and for a potential future site for the Farmer's Market. He said he believed dhis site can develop into an acceptable site to provide a place that Tigard can call home. This would provide an opporttuhity for all kinds of venues. I Ie noted this would be a great place to develop a final home for the Farmer's Market to be shared with other uses. Site No. 1 is the most simple and least costly of all of die options. He urged the CCDA give direction tonight so the Downtown can move for-ward. He reiterated his support for Site 1. He noted the good potential also for the Farmer's Market. Lisa Olson, 14720 SW Cabernet Court, Tigard, OR 97224-1539 distributed a written suhrunaiy of her testimony regarding the Fanno Creek Plaza Site Selection. A copy is on file in the City Recorder's office. She advised drat she is a member of the Fanno Creek Public Plaza Steering Committee,was on the Streetscape Work Group and the Tigard Downtown Improvement Plan (TDIP) for the Task Force. She noted her support for the "Stevens Marine Property" (Site No. 1). She advised her reasons are listed in the information distributed to the CCDA in her written testimony summary: r o Tigard citizens have affirmed placing the "heart of the Downtown" adjacent to Fanno Creel:Park twice; once through the TDIP process and also when the voters approved the urban renewal district which was based,111 part, on the TRIP. o This site offers leverages for the surrounding property for redevelopment based on the footprint and also attractive for redevelopment adjacent to this area. In addition die current property owners are willing to work with the City of Tigard. o The least amount of land dlat needs to be required by the City of Tigard for public use. There are only two parcels and other options required more parcels. o Long-term and short-term vision. The negative aspect was listed as visibility of dhis site;however, this is based on current conditions. The Plaza ifi the pari:will be the first area to be redeveloped and the TDIP looks at a 25-30 year plan and with this being die first area to develop, then this will be the focus of what will go forward in die downtown. She also referred to other negatives listed as short-term thinking;i.e., proximity of existing commerce, programming, and infixed use development. o The ability to connect to Coininuter Rail and the parking it offers on the evenings and weekend when activity is likely to be the Highest at the Plaza. o Best utilizes die natural resource in die downtown. Stan Bauinhofer, representing die Tigard Area Farmer's Market. Mr. Bauinhofer is the President of this non-profit corporation. IIe reviewed the Tigard City Council, Local Contract Review Board, and City Center Development Agency Meeting Minutes August 28, 2007 Page 10 history of the Farmer's Market, which has been located at several locations over the past 15 years;it is now located at the corner of Hall Blvd. and Greenburg Road. Ile said he was not present to lobby for a Farmer's Market and said there has been no formal inclination indicating a Market was desirable. He said drat he was glad to see it is now being mentioned. IIe supported Site No. 1 for the purposes of the Cite of Tigard. Mr. Baumhofer referred to the success of Pioneer Courdiouse Square and offered that the major contributing factors were: 1. The light rail transportation on two sides and, eventually,will have light rail on three sides. The site in Tigard will soon have die Commuter Rail line nearby. 2. This type of facility needs some annual, stabilizing events; i.e., Cluistmas Tree Lighting; Sand on die Square (sand sculptures); Seniors Dance; Flower Display/Sale, etc. IIe noted that City of Tigard has most of these kuids of activities as well. The Farmer's Market could be one of die stabiliziig factors. He concluded saying that Site No. 1 is by far the better choice. Director Wilson asked about space requirements for die Farmer's Market. Mr. Marland Henderson advised 300 square feet per vendor is needed and die Market has 60 vendors for a total of 15,000 square feet. Parking is always an issue but Mr. Baia nhofer noted that with the plans as now presented for this area, there will be residents within easy walking distance. Tyler Ellenson,Tyler's Automotive, 12455 SW Main Street,Tigard, Oregon, noted he had been very involved in dlese projects for die downtown about two years ago. Witt This new business in Wilsonville, he has not been involved. IIe said that as he looked at die considerations before die CCDA, he noted one is shown where his business is located. He said he learned tonight drat this is might be a proposed public arts center. Site No. 6 was referred to as the Car Wash property, which is where Tyler's Automotive is located. He noted no mention was made about relocating a'business nor has lie been tallied to about what This future plans are for his business. From what he has seen dhis evening he said he likes Site No. 1;however,he does have questions about how dhis would affect his business. As a business owner and a Tigard resident, he believes that he should have been contacted. At the "eleventh hour" he needed to let the CCDA know that he was not aware of what has been going on. IIe tallied about the Performing Arts Center note on the map and did not see how this could exist next to his automotive business. He said he would like to have conversations about these types of things during the planniig process rather dean discovering it on the City's website. Tigard City Council,Local Contract Review Board, and City Center Development Agency Meeting Minutes August 25, 2007 Page 11 Director Woodruff noted his surprise that Mr. Ellenson had not been included in the planning discussions; this site has been under consideration for some time. At this time, Site No. 6,is not high on the list for sites; however, he reiterated his surprise drat Mr. Ellenson had not been contacted as a property owner to discuss dais. I Ie asked if Mr. Ellenson was aware that the City will only proceed with willing sellers. Director Woodruff added that the City would certainly want to know that the property owner was amenable. Mr. Ellenson pointed out drat"willing seller" suggests that his Iandlord Dennis Thompson is willing to sell the property; dlerefore, he assumes that there have been contacts to Mr. Thompson. Mr. Ellenson said he owns one of die two businesses on die property—he owns Tyler Automotive and the other business is die Car Wash. Mr. Ellenson noted he was the past President of the Tigard Central Business District and, to some degree, he helped start dais grassroots effort. He said he was supportive for downtown improvement and to review options for where Tyler's Automotive inight be located in die future. He commented drat there are businesses in the downtown drat have been there for a number of years. F Ie agaui noted his concerns about not being contacted. 14 • Chair Dirksen said he would "hate for Tyler's Automotive" to leave Tigard and would hope to convince Mr. Ellenson to stay in Tigard should he decide he wanted to leave the Downtown area.. I Ie said that if there does come a time when the City world want to discuss another use for dhis property, conversations should be with the property owner as well as Mr. Ellenson. The Chair advised any discussions of an alternate location would be to deterniine what would be convenient for bode Mr. Ellenson and die City noting die value of this business and Mr. Ellenson's contributions as an active citizen. Site No. 6 was recognized early on as one choice that would be least likely; this might be why there was no further discussions. Mr. Ellenson noted his appreciation for the Chair's comments and he is proponent for the City and die Downtown. I Ie said he takes his responsibilities for his fanhily and 17 employees very seriously and does not want to leave Tigard. • Director Buelhner said that in the interest of not having any miscouhrnunication in the future, she would appreciate it if staff, the consultant, and the committee members from the Task Force look at how Mr. Ellenson did not receive information. She said she would not want this to happen again. • City Manager Prosser offered his apologies to Mr. Ellenson and said dais situation will be rectified. The City Council earlier tis evening during the City Manager's review, set a goal that Mr. Prosser initiate more contacts and involvement in tie business community. City Manager Prosser said he would be in contact with Mr. Ellenson soon. Tigard City Council, Local Contract Review Board, and City Center Development Agency Meeting Minutes August 28, 2007 Page 12 • Alice Ellis Gaut testified again. She said there are no official plans to do a Performing Arts Center on the car wash site. The only reason this carne up in discussion in the Steering Committee was that it was identified as a potential compatible use because a facility could be designed in such a way that it would not need bufferiig from Highway 99W; the use would be compatible'With that location. The concept is just that--it's conceptual. • Director Wilson responded to Mr. Ellenson's comnhents. When Director Wilson was serving on tie Planning Commission, there was an effort by downtown businesses to form an Econonhic Improvement District involving a number of downtown business owners. This was die precursor to this effort. At tie time, Director Wilson recalled there was a lot of discussion about whether the City supported the downtown property owners' efforts and that they needed soine assistance. Director Wilson noted recent concerns about the traffic circle proposed at Ash and Burnham and how this would impact downtown business owners. Director Wilson said it is important to keep communication lines open and this takes a lot of energy r from bods sides to do this. Director Wilson said dlere is somewhat of a dilemma in dhat "we can't improve downtown and keep it the same at the. same tithe." This means dlere will be some relocations if here is new construction. Director Wilson acknowledged that this is a tough issue and "we would like to try and make it as painless as possible." IIe said it is important to keep talking to people to find out then: concerns and how diese can be addressed. • Director Woodruff said that a Performing Arts Center had been mentioned a few tithes dais evening. He also noted a citizen sent the City an e-mail today with a concern that"we were talking about some kind of a Schnitzer here in Tigard and we certainly aren't suggesting that when talk about die Performing Arts Center. Director Woodruff said we are talkuhg about an open space that would aEow the availability of some kinds of arts events/displays occurring. • Chau Dirksen noted there is some discussion that at some point in die downtown area,it might be appropriate to do an indoor performing center, perhaps adjacent to this site. Chair Dirksen said die Plaza and the open space is not die Performing Arts Center; an indoor space is still under consideration although it will be sometime in tie future before sufficient funds would be available from die urban renewal district. • Director Sheiwood advised that the CCDA/Council deliberately left "eminent domain" off of the urban renewal process. Anything the City did would be friendly and the City would work widh people as much as we can to make any kind of transition, purchase, or development work for everyone. This is a cotntnitment. Tigard City Council,Local Contract Renew Board, and City Center Development Agency Meeting Minutes August 28, 2007 Page 13 • Director Buehner reminded everyone that there is a "Brown Bag" at the Chamber of Coininerce every month about the downtown process; so,if anyone is interested in what is going on, they are welcome to attend this meeting. e. Staff Reconnnendation: Senior Planner Nachbar advised the staff re conunenda Lion is to endorse the Stevens Marine site as the location of the public Plaza for downtown and to endorse the Concept Plan surrounding Plaza. f. CCDA Discussion • Director Woodruff coirnnented on the unanimity of the selection of the site coining from different people with different perspectives. IIe advised he has liked this proposal since the beginning. • Director Wilson noted two things are under consideration by the CCDA: 1. Selecting the site, and 2. Endorsing the concept. He said he favored the site. He noted he liked the Concept Plan in general terms; however, he referenced the Plaza size of about 10,000 square feet and the need fora Farmer's Market to have 18,000 square feet. IIe noted he was concerned about the size and hoped there would he a review the hard-surfaced area to determine if it is adequate. Director Wilson noted another concern about the street that surrounds the housing, which will take a "chunk" out of both the park and the Plaza space. He said he hoped that flus could be designed in such a way so it is ambiguous as to whether you are supposed to drive on it or not; not have it be a standard street. He suggested it be used as a Plaza which could be driven on rather than a regular street. • Director Wilson coiTunented he had heard that the Tualatin Riverkeepers were concerned about his earlier suggestion for encroaching on the buffer in the park. He clarified what he meant by reviewing the Scheme #1, Stevens Marine Site map. IIe said only a sliver of the park area is being shownas an active use area. He said u1 his profession he works with the agencies' regulations and he is knowledgeable about the purposes of the,regulations. For example, the Arany Corps of Engineers and the Department of Environmental Quality regulate the filling of wetlands. In addition, Clean Water Services imposes a buffer area and for Fanno Creek, one is required to add beyond the wetlands and stream a 50-foot buffer setback. Even if that were currently a paved parking lot, you would be required to tear it up and plant native vegetation and fence the edge of it; although local jurisdictions can waive the fence requirement. Director Wilson noted his concern is that this would be giving up space that could be actively used; he hoped the City could work with Clean Water Services to relax that standard in certain instances. It is very iinportant that a strearn such as Fanno Creek,which has a huge watershed through an urban area, could have some points along it Tigard City Council,Local Contract Review Board, and City Center Development Agency Meeting Minutes August 28, 2007 Page 14 where people could get close to the stream to appreciate it. We currently have a pathway, but there should be some places where there are open lawn areas next to the stream. • Director Sherwood said she has heard from Tualatin Riverkeepers member Brian Wegener that there are homeless people sleeping in that natural area near Fanno Creek. She noted her concern for the City of Tigard where there are overgrown, dense areas, which are a danger to citizens using die pari: areas. She hope dhere are ways to open up soiree of the natural area for people to access die creek and feel safe at the same time. Director Sherwood noted her support for the Stevens Marine Property for die Plaza location. Director Wilson referred to areas on a snap labeled "housing" and the area for a possible performing arts housing. Senior Planner Nachbar clarified this does not exclusively mean housing; for example, the ground floor could be flexibly designed so it could eventually become retail space. The initial thought of the consultant was there might not be the demand now for retail, but it time there could be. Director Wilson said he supported diis and also eventually he would like to see Burnham Street have ground floor retail areas. Also, while it is controversial to connect Ash Street through to the downtown, Director Wilson noted that if it did go through, it would draw about 6,000 cars per day,which would be enough to support retail. • Director Buehner noted she became uivolved in tie process somewhat late; however, since becoming involved,it became clear to her that it was the desire of the public to have a public space at this site. She has been a strong supporter of the Stevens Marine site fora long time. She noted a similar concern to Director Wilson's regarding the size of the hardscape area of the Plaza to accoininodate a use such as a Farmer's Market. There is a need to take a second look at the size of the proposed hardscape Plaza. • Senior Planner Nachbar responded to Director Buehner and said one of the initial thoughts was that with closure of the street next to the Plaza, this could be the space necessary to have a larger 20,000 square foot Plaza. Therefore,it is not a foregone conclusion that tie Plaza itself has to be 20,000 square feet. • Director Buehner said this would impact whether the street would be a public street. Senior Planner Nachbar said the concept that is being considered is that the area would be constructed widi brick pavers that could be used by cars, but would be pedestrian oriented and traffic would move very slowly through with die ability to close off the area for additional Plaza space. Tigard City Council,Local Contract Review Board, and City Center Development Agency Meeting Minutes August?S, 2007 Page 15 •. Director Buchner thanked all of the members of the Task Force and the City Center Advisory Commission who worked on this process. • Director Woodruff said he recently attended the West Linn Farmer's Market, which is held on wide streets along the sidewalk. • Chair Dirksen said he supports Director Wilson's coirnnents with regard to the circulation streets and the park with regard to active and passive use.;it should be flexible. He encouraged the Fanno Creek Master Plan Steering Coninittee to work with the different agencies to discuss what can and cannot be used within the confines of die late and what kind of flexibility there might be. If we "wall off' the park from our citizens so dley cannot interact with it, then they will not care about it and,in the end,will be less environmentally positive than if we open up die space, allow people to use it, and embrace it to appreciate it. Chair Dirksen said that it is his understanding drat when "ewe approve" the Concept Plan, that it is a plan fiat is a concept and there is room for flexibility and design guidelines that need to come forward. As it develops, it will mature into its final product. Chair Dirksen said that "What we approving tonight is the general location of the Plaza and also the general concepts of the development around it." • Director Wilson added comments regarding die urban creek idea and Marland Henderson's concept of water from Clean Water Services treatment plant. Currently, the water is too warm. The idea is that if the water were to be pumped underground for about a anile to the site,it could be discharged into the urban stream, which would then go to Fanno Creek. While it is a concept at dais point, it is an idea that should be explored to help increase flows in the creel:with water that is near drinking-water quality. g. Chair Dirksen closed the public hearing. h. CCDA Consideration: CCDA Resolution No. 07-03 Motion by Director Woodruff, seconded by Director Sherwood, to adopt Resolution No. 07-03,relating to Scheme 1, the Stevens Marine site. CITY CENTER DEVELOPMENT AGENCY RESOLUTION NO. 07-03 —A RESOLUTION SELECTING THE LOCATION FOR THE DOWNTOWN PUBLIC PLAZA The motion was approved by a unanimous vote of CCDA present. Chair Dirksen Yes Director Bueliner Yes Director Wilson Yes Director Sherwood Yes Tigard City Council, Local Contract Review Board, and City Center Development Agency Meeting Minutes August 28, 2007 Page 16 Director Woodruff Yes Adjourn City Center Development Agency (CCDA)(9:29 p.m) Motion by Director Sherwood, seconded by Director Woodruff, to adjourn the CCDA meeting. The motion was approved by a unanimous vote of CCDA present. Chair Dirksen Yes Director Buehner Yes Director Wilson Yes Director Sherwood Yes Director Woodruff Yes (Recorder's Note: Council meeting reconvened at 7:37 p.m. —see Agenda Item No. 8) 17 7. INFORMATIONAL PUBLIC IDARING: RE ADOPTION OF RESOLUTION NO. 07-50 FORIVIING SANITARY SEWER REIMBURSEMENT DISTRICT NO. 44 (SW CIIERRY DRIVE) WITII REVISED EXHIBITS a. Mayor Dirksen opened the public hearing. b. City Engineer Duenas presented tie staff report. The PowerPoint presentation overview is on file in the City Recorder's office. On July 24, 2007, the City Council approved a resolution to form the district, but directed staff to remove four lots,which will be served through a rear alignment to those properties. Now, there are 19 lots in the proposed district. City Engineer Duenas reviewed the comparison costs; the cost for an average lot is about$24,388. For all 19 lots, the estimated cost$463,364. Mr. Duenas reviewed the incentive program and deferrals available., This project is planned to be done this fall. One lot is experiencing septic system problems. The final cost will be based on actual construction costs plus die 13- 1/2 percent engineering an inspection fees. After d-le work has completed the district will be brought back to the City Council for finalization. City Engineer Duenas requested that once the City Council approves the resolution for form the district that once the project has been completed and accepted that an early connection be made for the one lot experiencing tie septic problem and not wait until the City Council approves the finalization. Tigard City Council,Local Contract Review Board, and City Center Development Agency Meeting Minutes August 28, 2007 Page 17 c. Councilor Sherwood asked if this project would be started as soon as City Council approves the resolution. City Engineer Duenas advised the project must be bid out; the design has been completed. In response to Councilor Buchner, City Engineer Duenas advised the project could probably be started after the bid award,which is anticipated to be ready in about six weeks. Councilor Wilson asked if the removal of the four lots allowed for a reduction 11-1 the depth of the trenches. City Engineer Duenas said yes the depth was reduced; however,with the removal of the four lots the savings were offset because now there are only 19 lots sharing in die cost of the district rather than 23. Mayor Dirksen and the City Engineer reviewed the final costs for this district and the separate district for the other four lots; this is a slightly more expensive alternative. City Engineer Duenas noted some of the lots would have needed to pump die sewer;with the new design, no pumps will be needed. d. Public testimony: None. e. City Engineer Duenas advised that staff recommends the City Council approve the readoption of the resolution with die corrected exhibits. 14 Councilor Wilson said he understands why lots should not be served from the rear because of difficulties for maintenance (access). Even dlough this alternative is a little more expensive, it is better for those that we are serving because no pumping will be needed. Councilor Buchner asked if appropriate easements will be acqudred to facilitate access for maintenance. City Engineer Duenas said acquiring easements will be part of the project. Councilor Woodruff asked if die residents have been advised of tie changes in costs. City Engineer Duenas said he has not heard any negative comments and described tie staff's work widh the residents. f. Mayor Dirksen closed the public hearing. g. Council Consideration: Re-adoption of Resolution No. 07-50 Motion by Councilor Buchner, seconded by Councilor Woodruff, to readopt Resolution No. 07-50. RE,ADOPTION OF RESOLUTION NO. 07-50—A RESOLUTION ESTABLISHING SANITARY SEWER REIMBURSEMENT DISTRICT NO. 44 (SW CHERRY DRIVE) The motion was approved by a unanimous vote of Council present. Tigard City Council,Local Contract Review Board, and City Center Development Agency Meeting Minutes August 28, 2007 Page 18 Mayor Dirksen Yes Councilor Bueluler Yes Councilor Wilson Yes Councilor Sherwood Yes Councilor Woodruff Yes City Engineer Duenas confirmed with the Mayor and City Council diat staff has permission to make the early connection as he proposed during his staff report to die City Council. Motion by COUnCilor Sherwood, seconded by Councilor Woodruff, to recess the City Col-mcil meeting. The motion was approved by a unanimous vote of Council present. Mayor Dirksen Yes Councilor Bueluler Yes Councilor Wilson Yes Councilor Sherwood Yes Councilor Woodruff Yes (City Center Development Agency convened at this time; see Page 6) S. UPDATE ON LIBRARY TECHNOLOGY RESOURCES • Library Director Barnes reviewed this agenda item with the City Council. The PowerPoint presentation overview is on file in the City Recorder's office. Three specific features were reviewed: 1. Many databases on thousands of topics can he accessed through the library catalog from home or at the library. 2. Patrons can access their own accounts from home to find out what,they have checked out, learn their due dates, put items on hold, renew them and much more. In they choose, they can receive email alerts about items due soon. 3. Downloadable audio books from the Library 2 Go Service offers a new way to select a book and download it on a personal computer or MP3 player. 9. UPDATE ON LIBRARY SUMMER READING PROGRAM • Library Director Barnes reviewed this agenda item with tie City Council. The PowerPoint presentation overview is on file in the City Recorder's office. Tigard City Council,Local Contract Review Board, and City Center Development Agency Meeting Minutes August 28, 2007 Page 19 The Library hosted three separate summer reading programs this year for children, teens and adults. All three programs broke records for participation from 2006. Throughout the summer the library offered a series of special events,including children's programs, movie matinees, a teen mystery game night and author talks. Summer reading goals included: 1. Ielping children and teens maintain their reading skills through the summer. 2. Providing programs that allow readers of all ages to socialize while continuing to use the library. 3. Providing an opportunity for adults to be role models as readers. Discussion was held on an adult hbra-ty reading program, including a suggestion by Councilor Buchner to include a non-fiction reading program. 13 . ADJOURNMENT: Motion by Councilor Sheiwood, seconded by Councilor Buehner to adjourn the meeting. Ir The motion was approved by a majority vote of Council present. Mayor Dirksen Yes Councilor Buchner Yes Councilor Wilson Yes Councilor Sherwood No Councilor Woodruff Yes The meeting adjourned at 9:58 p.m. Catherine heatley, City Reco er Attest: ,/C A Chan, City of Tigard- Date: /0' q - 1 I:\ADRI\Cathy\CCA'1\2007\070828 draft ccm.duc Tigard City Council,Local Contract Review Board, and City Center Development Agency Meeting Minutes August 2S, 2007 Page 20