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City Council Minutes - 09/25/2007 Agenda Item No. 3 . /, For Agenda of pfay.,;i 2 TIGARD CITY COUNCIL/LOCAL CONTRACT REVIEW BOARD Meeting Minutes September 25,2007 Track 1 Mayor Dirksen called the meeting to order at 6:30 p.m. • STUDY SESSION Council present: Name Present Absent Mayor Dirksen ✓ Councilor Buehner ✓ Councilor Sherwood ✓ Councilor Wilson ✓ Councilor Woodruff ✓ Staff present: City Manager Prosser, Public Works Director Koellermeier, Community Development Director Coffee, Finance Director Sesnon, City Recorder Wheatley, City Attorney Ramis ➢ Discuss Town Hall Audio Video Usage Finance Director Sesnon led the discussion regarding how the new audio/video system is working for the City Council. There was discussion regarding feedback of the microphones that happens occasionally. Staff will follow up and experiment with different microphones (lapel or gooseneck microphones) for Councilors. Council members noted they especially liked the PowerPoint set up whereby they can view the presentations on their computer screens while visitors can see the large screen in the room. After brief discussion about reconfiguring the Council room for Workshop meetings, the consensus was to have the Council remain at the Council dais rather than set up additional tables in the center of the room. This will work better for the sound system. Tigard City Council/Local Contract Review Board Meeting Minutes September 25, 2007 Page 1 Councilor Wilson suggested that an overhead microphone might be a good idea to consider. Finance Director Sesnon said he would have information go to the City Council regarding this. Track 2 ➢ Wall Street Parking Issue Community Development Director Coffee reviewed a memorandum from City Engineer Duenas. A copy of this memo is on file in the City Recorder's office. The street is large because it was built to collector standards. It was built with TIF funds and is consistent with the Transportation System Plan, and for now, it does not function like a collector but more like an entry to the Library and the condominiums. Staff suggested that the additional right of way, which is more than adequate, be used for on-street parking for overflow Library parking. This would give us ten extra spots. The reason staff is bringing this to the City Council is to let them know that the manager of the condominiums became aware of this and discussed this possibility with the construction inspector. The condominium manager advised this is not a good idea because the parking on the street might interfere with the coming/going to the condominiums. Staff does not think this will be a problem since it is a larger than a full-size street. The intersection with the condominium property is not a four-way intersection; there is virtually a continuous right-turn into that property on the south side. The condominium vehicles will need to be conscientious of traffic going into the Library. Council discussion followed. This would also give the condominium owners additional parking. Mayor Dirksen added that if this does not impact the travel lanes, he did not see where there would be a problem. Council members noted agreement with Mayor Dirksen. Mayor Dirksen said at some point in the future there should be discussions about the appropriateness of the bicycle lanes on streets. The City has to meet certain requirements because of the current Transportation System Plan. Mayor Dirksen said that when we have an opportunity to revisit the Transportation System Plan, he suggested the Council consider the idea of disassociating the concept of a bicycle transportation network through the City from the street plan;the bike path might be on the street, but not necessarily. For example, on Burnham Street there is a bicycle path that parallels the street through the park. Mayor Dirksen suggested looking at changing the Transportation System Plan so it makes a statement to the effect that the City will develop a comprehensive bicycle travel system for more flexibility. Community Development Director Coffee added there is an article regarding an experiment in New York City of placing the bike paths on the other side of the parking area: sidewalk,bike path, parking, travel lanes. Discussion followed regarding bicycle safety issues and the concerns about having bicycle lanes adjacent to the street. Councilor Wilson commented that recreational riders would be attracted to bike paths that follow the streams and greenways. Tigard City Council/Local Contract Review Board Meeting Minutes September 25,2007 Page 2 Community Development Director Coffee advised that the Wall Street Construction Inspector, Zen Dutson, worked diligently with the neighbors to save two cedar trees. Another design changed saved$35,000 on the project. Track 3 Councilor Buehner commented on a recent article in the National League of Cities newsletter. There was an article about the Family Strengthening Initiative. She said Tualatin, Seaside, Molalla, Forest Grove and Portland have adopted this platform. Should the Council look at this? Mayor Dirksen said this has been reviewed;it was the feeling that a lot of the things proposed by the initiative are things we already do. Most of the cities that have supported this are on the eastern seaboard where cities are responsible for social services and schools. Councilor Buehner noted that many of the cities are in the west. Councilor Sherwood said there was a lack of response initially by the National League of Cities, so it had been dropped. Mayor Dirksen said he didn't have a problem with reviewing this matter. Administrative Items - Council received packet material regarding appointments to the Library Board; see Agenda Item 4.6. - Metro Councilor Carl Hosticka confirmed he will be at the Tigard Council business meeting tonight; City Council members agreed to move the discussion with Councilor Hosticka up on the agenda(before the Comprehensive Plan discussion). Track 4 Long Range Planning Manager Bunch advised that Councilor Hosticka is visiting his jurisdictions to periodically report; tonight he will be talking about Metro 2040 performance measures. Briefing information had been prepared for the City Council about Metro matters;however,Long Range Planning Manager Bunch said he did not believe that Councilor Hosticka would be prepared to talk about issues of unincorporated urbanization,but suggested the Council might want to ask some questions regarding this topic. Councilor Wilson said that as we update our Comprehensive Plan, much of what we will be talking about will be in essence regulated by the 2040 Plan,at some point it would be good to look at the trends since the Plan was adopted. Councilor Wilson said he has the sense that the City of Tigard has been absorbing a lot more density than other parts of the region. In fact, east Portland has actually lost population. Perhaps some of the events that were planned are yet to happen,but it seems as if there is a lot of"density dumping" on the fringes that we are going to be dealing with. Councilor Wilson noted we are not getting bus service, we are not building roads, and we are not getting "our share of the pie." At some point, we need to talk about these sorts of things within the context of the Comprehensive Plan and how we conduct a regional discussion. Tigard City Council/Local Contract Review Board Meeting Minutes September 25,2007 Page 3 Long Range Planning Manager Bunch said now would be the time to be involved with Metro as they complete their Transportation System Plan. Metro will start a regional transportation alternative study to look at transit throughout the region and reassess the implications of the expansion of the growth boundary every five to seven years. Long Range Planning Manager Bunch said things have not really turned out"on the edges" as Metro expected,primarily because of the tremendous cost of public facilities and services. Long Range Planning Manager Bunch noted that the UGB expansion has not been accompanied by urbanization; rather, it has been incremental growth on the edges as the market responds. Discussion followed regarding the impacts of urbanization without infrastructure improvements; several areas experiencing deterioration were referenced,i.e.,Aloha, Molalla,and the Rockwood area of Gresham. Community Development Director Coffee noted the inconsistency with planning to go ahead and plan for the Bethany and Areas 63 and 64 when the region has limited resources without reinvesting, for example, in Tigard's downtown. Why place infrastructure in the outer areas when improvements in the downtown will facilitate Tigard's redevelopment and also provide housing here on the commuter rail. Track 5 Mayor Dirksen said this would be a good point of discussion for tonight: The issue of unincorporated urbanization and how we keep hearing from individuals that cities are not necessary. Then there is a scramble to find funding to provide services because there is no taxing body. Councilor Buchner said that the last time we went through the Regional Transportation Plan with Metro, various entities and the citizen advisory groups were asked to comment. At that particular time, Councilor Buehner said she was on the Washington County committee. None of the input that came in from Washington County was reflected in the Regional Transportation Plan. She noted this was frustrating and asked if there was any indication that this situation will not be repeated. Long Range Planning Manager Bunch noted the public comment period will be around October. Metro is compiling the projects submitted. While Long Range Planning Manager Bunch noted he is not familiar with Metro's citizen involvement process, staff will seek information for more detail. City Manager Prosser staff conversations with Metro officials to relay some of the City of Tigard's concerns about what is going on at Washington County. He referred to a standing meeting with Metro,city managers and district managers;City Manager Prosser requested that one of the agenda topics be "urbanization." It is staff's belief that there is now a window of opportunity for Tigard to start facing these issues and "getting a little bit more traction." To make progress, however, it will take ongoing involvement; an appearance at public heating is worthwhile to Tigard City Council/Local Contract Review Board Meeting Minutes September 25, 2007 Page 4 state issues,but we also need to "be there"when the Metropolitan Policy Advisory Committee and advisory groups are meeting. Community Development Director Coffee noted that Washington County representatives spend a lot of time on Metro issues, so he was perplexed as to why suggestions were not incorporated into the last Regional Transportation Plan. Community Development Director Coffee recommended that staff people be present at technical committee meetings to keep things on track. City Manager Prosser noted the benefits of constant monitoring on regional projects. Councilor Sherwood and Mayor Dirksen commented on Tigard's lack of participation and this should be addressed. We do not have a representative on MPAC; the City has an alternate position. It is acceptable for alternates to always be at the meetings; therefore, Mayor Dirksen said he will begin going to all of the MPAC meetings and participate. There was discussion about the amount of representation Washington County (three representatives) has for MPAC with it noted that Washington County's population is similar to Portland's. Portland has two seats on MPAC along with the representation from Multnomah County. Community Development Director Coffee noted that Mayor Kidd has represented Washington County cities for a long time on MPAC. Traditionally this responsibility rotates. Track 6 There was discussion regarding future participation by Tigard on MPAC if the membership could be rotated. Tigard with a population of 46,000 could reasonably ask for more attention. There was discussion on Mayor Kidd's representation on MPAC. Mayor Kidd would like to get more input from the cities. Long Range Planning Manager Bunch noted he has worked in the past with Mayor Kidd and he is very responsive when he receives input. Other Washington representatives on MPAC include Beaverton Mayor Rob Drake, Hillsboro Mayor Tom Hughes,and County Commissioner Roy Rogers. Councilor Buehner noted that the Tigard, Tualatin and Sherwood area of the County's population is well over 100,000; we need to do a better job of working together. Councilor Wilson said we should plan on formally looking into these topics discussed above. Community Development Director Coffee advised of the review that will occur with the Comprehensive Plan update regarding analyzing Metro's projections. Track 7 Community Development Director Coffee referred to the decisions that will need to be made regarding land use for Tigard during the Comprehensive Plan update. Tigard City Council/Local Contract Review Board Meeting Minutes September 25, 2007 Page 5 There was review of the calculations for density and growth in the Tigard area in the 70's,which said Tigard would be 100,000 by the year 2000. Issues at that time were Highway 99,the need for parks and open space—similar to today's concerns. Track 8 City Manager Prosser noted that Marland Henderson contacted him last week regarding reuse water from the Durham Treatment Plant for the downtown. Mr. Henderson was talking about the possibility of a 36-inch pipe from the treatment plant to the downtown for the urban stream and part could be available as new buildings are built for flushing toilets and irrigation. Mr. Henderson thought this was part of the downtown improvement plan — he's interested in pursuing. City Manager Prosser asked if the City Council would be interested in discussing this in a workshop meeting. Since this discussion, City Manager Prosser learned that the effluent from the sewage treatment plant is cleaner than the river water and the reuse water is "just shy" of drinking water standards. The effluent can be discharged into the river because while cleaner than what is in the river, it has enough nutrients to be environmentally beneficial. Reuse water is too clean to discharge into the river. Clean Water Services has advised Mr. Henderson that they are not allowed to discharge reuse water. City Manager Prosser said the question for the City Council is whether they want to have this discussion and invite a representative from Clean Water Services. Track 9 Discussion followed regarding the idea of using reuse water. Public Works Director Koellermeier was present and also talked about some of the requirements that Clean Water Services must follow with regard to what they can discharge into the river. Councilor Wilson said he thought the issue was because of water temperature. City Manager Prosser noted that Mr. Henderson believes this is a water resource and, given where we are heading with our water resources, this is something we will have to tap into sooner or later. Mr. Henderson would like to see this start now with the downtown redevelopment. There was discussion on cost-effectiveness;for existing buildings it's not economically viable but might work for new commercial construction although there would still be permitting requirements. Public Works Director Koelletlneier said this is being done in other places now. The real issues are the Clean Water Services requirements to deal with temperature and other flow considerations. Once these requirements are addressed this would open opportunities for a number of reuse possibilities. Councilor Wilson noted the Oregon Garden was created because the City of Silverton needed a place to discharge its sewer water and received federal assistance to do this. This might be a way to do something that otherwise we could not do. Mayor Dirksen noted there has been a commitment, at least in small way, to exploring green processes in our downtown area. This is one that is worthy of discussion. Consensus of the City Council is to have a workshop discussion on this topic. Tigard City Council/Local Contract Review Board Meeting Minutes September 25, 2007 Page 6 Track 10 City Manager Prosser said this will be scheduled for a workshop discussion. After a brief review of the schedule, he noted it will probably not occur until January 2008. There is a possibility that this could be scheduled for the November workshop. Staff will ask for a Clean Water Services representative to attend since there is limited ability for the City to deal with this matter. City Manager Prosser also said he would advise Mr. Henderson of the Council's plans to discuss this topic. Track 11 Community Development Director Coffee responded to a question from Councilor Woodruff regarding a property on Tigard Street. This is a single-family home in an industrial zone. A person bought the property and was told that this is not an outright commercial use;it would require a Site Development Review. The property owner has contacted a number of staff members. The answer is: To change the use a Site Development Review is required. The property owner claims he was told the site could be used for commercial purposes before he bought the property. Community Development Director Coffee said members of staff say they did not talk to him about the use of the property. Study Session recessed at 7:24 p.m. 1. BUSINESS MEETING 1.1 Mayor Dirksen called the meeting to order at 7:31:48 PM 1.2 Roll Call Name Present Absent Mayor Dirksen ✓ Councilor Buehner ✓ Councilor Sherwood ✓ Councilor Wilson ✓ Councilor Woodruff ✓ 1.3 Pledge of Allegiance 1.4 Council Communications&Liaison Reports: None 7:32:31 PM 1.5 Call to Council and Staff for Non-Agenda Items City Manager Prosser advised there was a late addition to the Consent Agenda, Item 4.6—Appointing Members to the Library Board Tigard City Council/Local Contract Review Board Meeting Minutes September 25, 2007 Page 7 2. PROCLAMATIONS: TIGARD CHAMBER WEEK—OCTOBER 1-5,2007 Mayor Dirksen proclaimed the week of October 1-5, 2007, as Tigard Chamber week. Past Chamber President Pam Brown addressed the Council and reviewed some of the activities planned for the week. 3. CITIZEN COMMUNICATION 7:36:03 PM • No one signed up to speak. • Follow-up to Previous Citizen Communication: None 7:36:19 PM 4. CONSENT AGENDA Mayor Dirksen reviewed the Consent Agenda: 4.1 Approve Council Minutes for August 14,and 21,2007 4.2 Approve Municipal Court Judge Michael O'Brien's Employment Agreement— Resolution No. 07-60 A RESOLUTION OF THE TIGARD CITY COUNCIL APPROVING AN EMPLOYMENT AGREEMENT WITH MICHAEL J. O'BRIEN, MUNICIPAL COURT JUDGE 4.3 Amend the Committee for Citizen Involvement(CCI) Membership Structure— Resolution No. 07-61 A RESOLUTION AMENDING THE MEMBERSHIP STRUCTURE OF THE COMMITTEE FOR CITIZEN INVOLVEMENT 4.4 Authorize Clean Water Services (CWS) to Enter in a Memorandum of Agreement with the Bureau of Reclamation on Behalf of the City of Tigard. 4.5 Local Contract Review Board: a. Award a Public Improvement Contract for the Construction of the Three-Million Gallon, 500-foot-Zone Reservoir No. 2 and Elizabeth Price Park to Emery and Sons Construction,Inc. 4.6 Appoint Richard Heath, Member, and Jennifer Vasicek, Alternate, to the Library Board—Resolution No. 07-62 Tigard City Council/Local Contract Review Board Meeting Minutes September 25, 2007 Page 8 A RESOLUTION MAKING THE FOLLOWING APPOINTMENTS TO THE LIBRARY BOARD: RICHARD HEATH TO A FOUR-YEAR TERM AND JENNIFER VASICEK AS THE ALTERNATE FOR A TWO-YEAR TERM. Motion by Councilor Woodruff, seconded by Councilor Sherwood, to approve the Consent Agenda. The motion was approved by a unanimous vote of Council present. Mayor Dirksen Yes Councilor Buehner Yes Councilor Wilson Yes Councilor Sherwood Yes Councilor Woodruff Yes 7:37:40 PM Library Board appointees, Richard Heath and Jennifer Vasicek were present. Mayor Dirksen acknowledged their willingness to volunteer on this committee and presented them with a City of Tigard logo pin. 8:12:39 PM 5. REVIEW AND DISCUSS COMPRHENSIVE PLAN GOALS, POLICIES AND RECOMMENDED ACTION MEASURES RECOMMENDED BY THE PLANNING COMMISSION AT ITS AUGUST 20, 2007 PUBLIC HEARING (CPA2007-00001) Associate Planner Wyss introduced this agenda item. He explained that the City Council would be briefed on the activities to date on the review of Comprehensive Plan relating to Statewide Planning Goals 6, 8, and 13 before the Council's public hearing scheduled for October 23. Associate Planner Wyss reviewed the process followed to date: • Compiled the Tigard 2007 Resource Document providing facts/information about how the City is working. Results from community surveys were contained in that document as well incorporating the work in the Tigard Beyond Tomorrow Visioning program. • Draft goals were formulated, which were taken to the community in two open houses where staff received feedback on those goals. • Citizens were recruited to join the Policy Interest Teams to assist formulating draft policies and action measures. Policy Interest Teams included one focused on Environmental Quality (Goal 6 and 13);and Parks and Recreation(Goal 8). • Draft goals, policies and action measures were taken to City staff (Department Review Teams) to ensure we were in compliance with regulations, applicable laws and technical considerations. Tigard City Council/Local Contract Review Board Meeting Minutes September 25,2007 Page 9 • The Planning Commission reviewed the draft language in a workshop where the Planning Commission members suggested changes. Staff made those changes. • A Planning Commission public hearing was held on August 20. The Planning Commission then made recommendations on language,included as "Exhibit B" in the packet material forwarded to the City Council. The Planning Commission had no issues with the language for Environmental Quality, Goal 6 and the Energy Conservation Chapter, Goal 13. Associate Planner Wyss reviewed the principles in each of the chapters. • The proposed language for Parks, Recreation, Trails and Open Space underwent a thoughtful deliberation by the Planning Commission during the public hearing regarding policies and recommended action measures pertaining to recreational programs and how to possibly fund them. In the end, the Planning Commission agreed with the Policy Interest Team language that recreation is important to the community's quality of life. This language was included in the recommendation forwarded to the City Council. • Associate Planner Wyss reviewed the language changes contained in the memorandum labeled as "Exhibit A"and in the hearing minutes,"Exhibit C." • Key principles in the recreation chapter revolved around the community vision of a wide variety of recreational opportunities available through a diverse system of Parks, trails and open spaces. Not only should the system be accessible from all neighborhoods,but it was to be properly managed and maintained. • Associate Planner Wyss reviewed the definitions of goals, policies, and recommended action measures. 8:20:18 PM Council/staff discussion followed: • Mayor Dirksen reminded that the City Council would invite public comment tonight in keeping with the process followed by other groups to date. • City Attorney Ramis noted the two pages regarding the definitions of goals, policies, and recommended action measures. These pages are, essentially, the Rosetta Stone for this document; they describe what each of the goals, findings, and policies are and how they work. The City Attorney's office has had some conversations with staff and expects there will be some refinement of this language as time goes on. The critical part, from the legal perspective,is that we identify the policies as being the effective legal criteria. Some of those are very clearly policies you would expect to apply in a land use case; such as a zone change or a Comprehensive Plan amendment. Others are not so obviously applicable; we will be working on identifying exactly was is or is not applicable. • Long Range Planning Manager Bunch noted that the Plan is both regulatory and aspria.tional. It is based upon a lot of work that the community has done previously as part of the Tigard Visioning process and it also incorporates a lot of values and aspirations contained in responses to our surveys. Staff and the citizens wanted to provide that aspirational aspect in the Plan to make it more than just a regulatory document. City Attorney Ramis and staff have discussed the fact that we should go Tigard City Council/Local Contract Review Board Meeting Minutes September 25,2007 Page 10 through the policies and identify those that are clearly aspirational and those that are clearly land use. The policies that are land-use oriented shall be applied to decisions required by state statutes pertaining to land use in the Statewide Planning Goals. The aspirational policies are those that the City would like to achieve in the future. • Mayor Dirksen clarified that most items that would be more aspirational in nature would be limited to the goals section as opposed to the policies. Because once it becomes a policy, then there comes with it a regulatory requirement to follow through. • Long Range Planning Manager Bunch confirmed Mayor Dirksen's clarification. He said that the citizens in the community have a desire that this community is a high- quality place to live, be prosperous,is inclusive, and that housing opportunities are provided for everyone. The staff wanted to honor those kinds of visions. Some of the policies are very aspirational. Staff will work the City Attorney to identify those that are particularly aspriational; that is, more vision oriented. Policies that are particularly regulatory that must be applied as criteria in making legislative land use decisions will also be identified. This work is still to be done. • Councilor Wilson commented that the information sent to the Council was a lot of material to absorb in a week. He said a much work has gone into this and he wants to be sure that he understands all the implications. In reading through the information, there were a number of things that seemed specific. He said he does not have a lot of experience in developing a Comprehensive Plan, but it seemed that it ought to be much more general so that it embodies a broad consensus of a direction, but not necessarily specific tasks which, in many cases, could be "tying our hands in the future." He added that he wants to be careful so this document will have a 20-year life. • Long Range Planning Manager Bunch responded to Councilor Wilson's remarks and acknowledged the importance in having the policies and goals be very general. The intent, for the most part, was to provide the City Council with broad discretion. The recommended action measures are quite specific and are placeholders for things that are intended to implement the policies. To use the recommended measures as a planning tool, the plan should be evaluated every two or three years for relevancy. The action measures are just recommendations; however, there will be some policies that are specific because they reference state law/requirements. 8:31:10 PM • Long Range Planning Manager Bunch advised that from a political standpoint, the City Council can implement the Comprehensive Policies using a broad range of discretion: weigh and balance one policy over another 8:31:36 PM • City Attorney Ramis said with the context of the Comprehensive Plan,it is always a question of balancing policies;much the same as one would interpret a constitution. There will be cases where decisions must be made about how to balance these things — the document will not tell you that— it will be left to the discretion of a future City Council to do that. Tigard City Council/Local Contract Review Board Meeting Minutes September 25,2007 Page 11 8:32:06 PM • Councilor Woodruff appreciated that there was a"fair amount of specificity"in the action points; the language seems to be reasonable. He added in some cases, perhaps, the language is too specific where it designates a date for a specific action. Overall,he said he appreciated the format. 8:32:54 PM • Long Range Planning Manager Bunch commented the staff has worked with the "ethic" of how to prepare these statements; they have worked to listen to the community and be responsive. It is the intent of staff to facilitate, provide professional judgment,and bring forward to the City Council what they have heard while making it readable, useable, and clear. The City Council might have to make some decisions on things that may or may not be specific. 8:33:48 PM • Mayor Dirksen reminded that one of the things that the City Council asked the staff the staff to do, was to bring forward to the Council the comments of the citizen groups as they were presented;i.e.,unfiltered. The Council could then consider the comments as they were advocated by the citizen groups. As a result, the Council will see the aspirations. 8:34:33 PM • Mayor Dirksen asked if there were any citizens present who would like to comment. There were no comments. 8:35:32 PM • Councilor Sherwood noted there were a couple of areas where she thought the language was placing a great burden on the City because there was enough ambiguity where she was concerned that"every sports league in the city [would] be lining up for dollars...to get money for their sports league." She asked if the City Council would have the authority or the will to pull that out of there if the Council is uncomfortable. Associate Planner Wyss said that this is just the recommendation from the Planning Commission;at the City Council's public hearing,it will have the opportunity to change any language (strike,delete,add). Councilor Sherwood asked if the Planning Commission left everything in the document that came from citizens. Associate Planner Roberts said the Planning Commission made modifications; those are listed in the City Council packet. The Planning Commission decided to leave in some of the date-specific policy and action measure information. 8:37:14 PM • Councilor Woodruff referred to Page 108 (e-packet),which deals specifically with a couple of dates: Con ider seeking voter approval as early as November 2008 and no later than November 2010 to fund needed park and open space acquijifion and ivmvement. Tigard City Council/Local Contract Review Board Meeting Minutes September 25, 2007 Page 12 Councilor Woodruff noted that the Park and Recreation Advisory Board has some strong feelings about this. He anticipates that members of the Park and Recreation Advisory Board will be coming to the City Council and ask if the Council would consider something be placed as early as November 2008 on a ballot. He said this should have a hearing with a good discussion; however, he said he was not comfortable with specific dates being placed outlining a beginning and deadline date. Councilor Woodruff said this could still be aspirational, similar to what was recommended about placing something on the ballot relating to recreational. This would preserve the idea to do something,but it would not be so specific. 8:38:47 PM • Associate Planner Roberts commented that he was not certain why dates were specific for one area while in another the specific dates were removed. 8:39:15 PM • Associate Planner Wyss said he believed this discussion was based around the lack of land and the possibility of acquiring new park land, so they wanted to keep the date specific to encourage the purchase of land in the near future. 8:39:38 PM • Councilor Sherwood said the Council understands that this has been an ongoing goal to acquire more parkland. She said she is concerned with date-specific language because of the number of considerations that have to come into play when deciding when to place a measure on the ballot. 8:40:18 PM • Councilor Woodruff explained he thought the plan of the Park and Recreation Advisory Board was to try to go out shortly for a bond measure to purchase open space. The Board wants to propose another pilot project for a recreation program to the Budget Committee for next year from the General Fund. 8:40:44 PM • Councilor Wilson recalled these discussions from the Budget Committee. In reading through the language, he said it seemed "very insistent" about what "shall" be done. He said he understands that the Park and Recreation Advisory Board along with a number of people in the City would like to see a recreation program started; however, when he reviewed the results of the scientific survey, he did not see a strong position by the average citizen that they want to tax themselves to start a program. Councilor Wilson said he needs to be convinced that this is something that people really want. He said he would be more than happy to put anything on the ballot if there appears to be overwhelming support. 8:42:30 PM • Mayor Dirksen asked Council a procedural question: "Are we comfortable in getting into modification of specific language tonight; or, do we want to leave it as is until we get to the public hearing process." Tigard City Council/Local Contract Review Board Meeting Minutes September 25,2007 Page 13 • Councilor Wilson said he thought it was important that staff knows of the Council's general concerns. He said he would like more time to go over the information line- by-line and think about it for awhile. • Councilor Woodruff said he wasn't sure if there should be timeframe specified for the action plans. • Councilor Wilson noted he agreed with Councilor Woodruff He said they need to be careful about the language and what "we are binding ourselves to...and future councils." That is not the process that should happen;the City Council needs to be careful to look out for the average person and what they want. 8:44:29 PM • Councilor Sherwood noted she had issues with language that says the city will financially assist all the youth leagues in the city because of the lack of criteria. The Council really needs to review the wording. 8:45:30 PM • Councilor Buehner said she served on the Visioning Task Force as well as the Planning Commission when a lot of these issues were being discussed. She recalled the conclusions and recommendations by the Visioning Task Force and the discussions by the Planning Commission. She noted the citizen survey concluded that citizens were willing to pay$1/year per person for a recreation program. From this, this is not a priority for the general public in this community. She added that, personally, she would love to have a recreation program; however, her job is to represent the citizens. It would be extremely short-sighted to totally rely on very well-meaning citizens who have narrowly focused intentions and interests. The Vision Task Force was general with aspriational language that "some day it would be nice to have a recreational program" but it was much more critical to purchase and develop park land than to look at a recreational program. 8:47:40 PM • Councilor Woodruff said he has a little different perspective in that he was happy that we have groups who are passionate about they are doing, and have a particular point of view. Our advisory groups are looking at a single point; the City Council has the responsibility to try to put everything together in an overall picture. He said his issue is that the dates should not be specified. 8:48:43 PM • Councilor Sherwood said her position is that the City Council asks for the committees to be the voice of our communities. Perhaps,they are passionate about their position. Rather than being narrow focused, she thinks they are focused on what they do best. The City Council must take their recommendations and fit it into the language so it becomes a good working document. However, she doesn't want it to appear like there was a failure if an election has not been held by a certain date. She said she intends to take most of the recommendations to heart. 8:49:32 PM Tigard City Council/Local Contract Review Board Meeting Minutes September 25,2007 Page 14 • Mayor Dirksen said that despite the different wording the City Council members used, he thinks they are all really in agreement. He agreed with both Councilor Woodruff and Councilor Buehner regarding the work that has been done by our citizen groups. We encourage these groups to come to the City Council to say what they really think. They have done this. In the end,when the City Council considers all of the issues, the Council might be able acquiesce to all of the things the group wishes the Council would or could do. However, there are other things that the City Council needs to consider that we did not ask them to consider. 8:50:39 PM • Mayor Dirksen noted a couple of issues that he would like staff to review regarding wording,which might require some adjustment at the time of the public hearing: o Page 8-5—Policies—Goal 8.1: Provide Parks and Open Spaces. "Item 13 says that the city shall identify funding to build recreational facilities and provide...." Mayor Dirksen said he thought this should be in Goal 8.3, which is the Recreation Program. o Page 8-8 — Action Measures — Action X — Consider voter approval to fund needed recreation facilities and a recreation program. This should be under 8.3. There are other items in that goal that restate that same issue; there might be some reconciliation and reduction to a single line (avoid redundancy). 8:53:12 PM • Mayor Dirksen asked for explanation for a policy under Goal 8.1. He directed attention to Page 8-6, Item 25 c. He read, "City-owned property may be used for private wetlands mitigation. The City will consider proposals for such mitigation on a case-by-case basis." Item c. says, "The City should be compensated for the use of the area either through rent, a lump-sum payment, benefit to the City, or is agreed to by the City Council." Mayor Dirksen said he does not understand the phrasing. How would someone rent wetland mitigation? • Associate Planner Roberts noted this language came from an ordinance adopted in 1996. He said he was not sure what was meant by rent. In the past, the City has charged a fee of $10,000. City Attorney Ramis said that the City has a general obligation, aside from anything that is in an ordinance, to make sure that if a publicly owned asset is used for private purpose,that the public receives correct and reasonable compensation for that. Stating a more general principle might make more sense rather than this detail. • Associate Planner Roberts confirmed that this language was reviewed by the citizens committee,but they did not have the authority to change this language. 8:56:03 PM • Mayor Dirksen noted concerns with Goal 8.3, Developing Recreational Facilities: The term "community facilities" is used in several places; this term is not defined and it needs to be. He said in a couple of places there is a comment (Page 8-10): "Develop full-service recreational facilities." He does not know what full-service means; perhaps, there is another term that could be used: for example, "comprehensive recreation facilities" or "appropriate recreation facilities" that would make more sense and would be less subjective. Tigaxd City Council/Local Contract Review Board Meeting Minutes September 25,2007 Page 15 8:57:17 PM • Councilor Buehner said it might be helpful to provide definitions at the beginning of a section so that as someone reads through the section they would have an opportunity to understand the context of particular words and phrases. 8:57:58 PM • Councilor Wilson noted most of his comments so far have been confined to Parks and Recreation;but, in both the environmental quality and the energy conservation sections, there were a lot of recommendations that could lead to massive new regulations. He said he was concerned about the long list of things that the City is supposed to start regulating; especially those that might be of dubious value; that is, the regulation might do more harm than good in some cases. As an example, Councilor Wilson said one of the new fads in environmental issues is the "dark sky." He referred to the LEADS handbook preventing you from lighting the facade of a building or up-lighting a tree;however he feels something is lost because of this. He noted there were similar items in the document that he will have comments on. 9:00:33 PM • Associate Planner Wyss said the action measures were recommended. He said the language of concem noted by Councilor Wilson above, was actually more focused toward large parking lots that have lighting for cars, which might be adjacent to residential areas. 9:01:25 PM • Councilor Buehner added that the policy of lighting parking lots for safety also needs to be considered. Councilor Buehner said she noticed an issue with a throwback to language that came from the Tualatin Basin group; it appears that a lot of this language has been included in this document. There was a lot of discomfort among Planning Commission members when the Goal 5 project was reviewed and some significant changes were made in the language the Planning Commission had to adopt at that time. She suggested staff take a look at that. She said she would be more specific with staff"offline." 9:02:28 PM • In response to a question from Councilor Woodruff, Associate Planner Wyss explained that this document (three chapters) will be before the City Council at its public hearing on October 23. The other chapters will be brought to the City Council one at a time. There will be 12 chapters in total. • Associate Planner Wyss said staff is hoping to keep the new Comprehensive Plan to about 100-120 pages. The current Plan was much bigger than this (about 300 pages). Long Range Planning Manager Bunch said the intent is to make this plan understandable,easy to use by everyone,and easily updatable. 9:04:22 PM Tigard City Council/Local Contract Review Board Meeting Minutes September 25, 2007 Page 16 • City Manager Prosser said that once the City Council is done adopting the 12 chapters of the Plan, the next work effort will be to go through the Development Code. • Long Range Planning Manager Bunch said the Development Code will need to be updated with current conditions and circumstances. This will take a lot of work. The Comprehensive Plan will set the blueprint for the Code update. 9:06:19 PM • Councilor Buehner asked when the City Council would be reviewing the administrative process of the Comprehensive Plan; i.e., how often it will be reviewed and how can amendments be made? Long Range Planning Manager Bunch said making legislative decisions requires a different process than just going through land use decisions on an application. Staff would like to set the policy tone in the chapter called"Land Use Planning"—Statewide Planning Goal 2. 9:08:13 PM • Councilor Buehner said the policy tone might help the City Council look at the subsequent chapters if the framework is in place sooner rather than later. 9:08:55 PM • Councilor Wilson said"concise is good." It is great to have aspirations;however,he encouraged staff to still down each chapter to the most important things so we can actually do them. • Councilor Woodruff added that it does not mean that the City couldn't do other things if they weren't listed. Long Range Planning Manager Bunch said the definitions of goals, policies, and action measures don't preclude the City Council from doing other things. Staff is working on being a link with the community and bringing the community's aspirations and viewpoints forward. Part of the expertise of staff is to serve as a conduit for the community's wishes about what kind of community Tigard should become. 9:10:17 PM • Mayor Dirksen thanked the Policy Interest Teams and all of the citizen boards that worked on putting this together. There is an amazing amount of information assembled representing a vast number of hours of consideration and discussion. He also complimented staff in putting together a document which seems to achieve the goal of making it understandable and readable. The document flows well. The idea of using the Statewide Planning Goals as a springboard for our own was inspirational and ensures that whatever we do will work in concert with all of our "sister" jurisdictions across the state and sidesteps an obvious problem when we change one of our documents to make sure it stays in conformance with required state measures and issues. This City Council has "big dreams" for this to make things work better and to make our city better;we are on the right track. Tigard City Council/Local Contract Review Board Meeting Minutes September 25,2007 Page 17 (Note: Agenda Item 6 was rearranged on the Agenda and was heard before Agenda Item No. 5.) 7:39:39 PM 6. METRO'S"NEW LOOK AT REGIONAL CHOICES" Long Range Planning Manager Bunch introduced Metro Councilor Hosticka. Councilor Hosticka represents Metro District 3,which includes the City of Tigard. Councilor Hosticka reviewed how Metro will be approaching the next round of urban growth management decisions. Metro is attempting to take a different approach than they have in the past and they want to make sure everyone knows what their intentions are and to have the ability to comment on the approach. 7:40:22 PM Under current state law, Metro is required to review the capacity within the Urban Growth Boundary every five years, which includes a rigorous mathematical analysis of future population growth, future needs for employment, and future needs for housing. This analysis helps Metro make decisions regarding the expansion of the Urban Growth Boundary. This analysis was done in 2002; some of the expansion areas are in this vicinity. Some areas have not been planned yet, so no development has occurred. 7:41:05 PM Councilor Hosticka said under current state law,up until the last legislative session, the analysis would have been required to be done now. But, at the last session, two bills were passed that affect the process. One of the bills gave Metro a two-year extension. The analysis will now be done in 2009. 7:41:42 PM The bill of importance is the one that prescribes a process for Metro to enter into intergovernmental agreements with counties to establish urban reserves. Urban reserves are areas that are anticipated to be urbanized within the next 50 years. Rural reserves are areas that will not be urbanized in the next in the next 50 years regardless of the intentions. This would include not only Metro, but neighboring cities. Tigard currently does not have any contiguous boundaries to the urban growth boundary, except for a very small area. 7:42:44 PM The process that the current Metro Council intends to go through is to look first to improved capacity within the urban growth boundary. By Charter, Metro has agreed that its intention is not to increase density only in existing single-family neighborhoods, but also to try to increase the capacity in the centers. Councilor Hosticka referred to Tigard's downtown plan, which is in concert to Metro's intentions. Metro wants to coordinate Metro money, Federal money, and work with local jurisdictions to find financial incentives to increase reinvestment in centers to have a higher level of capacity. 7:44:03 PM Tigard City Council/Local Contract Review Board Meeting Minutes September 25, 2007 Page 18 Councilor Hosticka said that as part of the Metro Regional Transportation Plan, they are targeting regional transportation investments to support the centers. In Tigard there is the Westside commuter rail. Other investments include MTIP funds designated for Main Street to support the development in the centers. 7:44:45 PM Councilor Hosticka said if all goes the way Metro intends, sometime in 2009 there will be a 20-year plan. There will be a major difference in that in the past they have had to go through a rigorous mathematical formula to arrive at a single-point forecast. Metro will try to vary this process to indicate a range of numbers,which people could think of as a reasonable range. The implications will be examined to determine what it would take to meet the high or low range. For example,what would happen if we planned for the high range, but the low range became the reality? Councilor Hosticka said this is the situation now. Or,what if we planned for the low range and more"people showed up." We want to look at the risks and select a number and plan. The first thing to do will be to look within the urban growth boundary, based upon the policy of having growth in the centers that have already been identified in the corridors and stretch that capacity to its limits. Then, only after that, would we look at expansion. We would want to have reserves in place with planning ready so we will know what we are getting. In the past, Metro's policy has been "expand and pray"; that is, we just draw a line on the map and then we see what happens. In many areas around the region, we drew those lines in 2002 and,in some nothing has happened,while in other areas things that Metro was told were going to happen, once it gets to local planning, doesn't actually happen that way. We've seen cases where what we thought was going to be industrial land has become executive housing, and areas that we thought were going to be industrial-employment land becoming big box retail. 7:46:57 PM Councilor Hosticka said that what Metro wants to do is have some sense of what they will getting before they actually expand the Urban Growth Boundary. 7:47:09 PM Councilor Hosticka said all of this depends upon the ability to have the infrastructure to accommodate any growth at all. At this time, what Metro is undertaking a regional infrastructure analysis and trying to look at the relative cost of providing infrastructure in essentially green field areas versus infrastructure in redevelopment areas in the centers and to determine the most efficient use of the public dollars. Metro wants to work with local jurisdictions to decide how to finance and locate the infrastructure. We must find some way for us to agree in common about how to raise this money and how to spend it;this is now the limiting factor—the ability to pay for infrastructure. Tigard City Council/Local Contract Review Board Meeting Minutes September 25,2007 Page 19 7:48:29 PM Councilor Hosticka advised that Metro is engaged in a study of the relative cost and then they will be engaged in a broader discussion about how those costs can be met and who should pay for it. Metro has some precedence in that recently they enacted a construction excise tax that is collected region-wide and allocated to various jurisdictions as they plan for the areas brought into the Urban Growth Boundary. As another example, last November the voters approved $228 million to purchase open space;these funds are raised regionally with some of it distributed to local governments and the rest is used to purchase land in target areas. Basically, Metro is looking for some way to make these decisions at a regional level and have an agreement to focus development within the existing centers inside the Urban Growth Boundary. If we decide we need to expand, we want to have some planning so we know what we are getting. In the end,we need to find some way that all of us could join together to pay for it. 7:50:18 PM Mayor Dirksen noted that even though Tigard does not have any direct connection to the Urban Growth Boundary,its expansion impacts us all. Councilor Hosticka said that Metro wants to integrate planning into the transportation system. One factor in this area has been the concern for adequate transportation infrastructure if the Urban Growth Boundary is expanded. We want to make sure that our transportation and urban growth plans are coordinated. Mayor Dirksen noted that recently the Washington County Coordinating Committee forwarded Metro its recommendations for the Regional Transportation Plan for our portion of the County. 7:51:44 PM Councilor Wilson asked if the legislation this year affecting urban reserves allow Metro to consider other factors that just soil. Councilor Hosticka said, "Yes,in fact that's the key to that is that we look at other factors other than simply soil types...or exception land. The major consideration is how does that potential urban reserve relate to what is already inside the Urban Growth Boundary. We would be looking for places where you could round out or complete a community between that area and the area inside. Or, that it is big enough that it could be a complete community in itself." There have been some preliminary discussions with Washington County about Areas 63 and 64. Councilor Hosticka said he has been urging the County to not just look at those places by themselves,but to look at those places in conjunction with what is already the Urban Growth Boundary to do the planning in the new area to complement, supplement, and fill out what already inside. He said, "We all know the problems on Bull Mountain and whether there is a possibility of dealing with some of those problems by better planning in 63 and 64;that would be the kind of thing we'd be looking for." Tigard City Council/Local Contract Review Board Meeting Minutes September 25, 2007 Page 20 7:53:27 PM Councilor Wilson noted he attended MPAC meetings where some mayors proposed Urban Growth Boundary expansions next to their cities; i.e., Tualatin and Wilsonville. At that time the answer about whether an expansion could occur was based upon the soil. Councilor Wilson said Tigard's major concern is how transportation will be provided through the city to these areas.As an example,Councilor Wilson recalled that when he first moved to Tigard, Scholls Ferry was a two-lane road and then was expanded about 10 years ago to four lanes; it is now congested at times. Councilor Hosticka the discussion is not how to get people in and out of the urban areas,but how do you make these urban areas a place where people want to get to. If you could do it correctly, this would become a destination rather than where people are trying to get out of to go someplace else. Under the new objectives and goals,this would be a much more desirable place than"just another 500 acres on Cooper Mountain..." Councilor Wilson said the goal of completing integrated planned communities with services and jobs is a good goal. He raised potential concerns with planning for multi- family when the market really wants single family. So far, when reviewing census data from 1990,most of the growth has been in Bethany,Tigard, Bull Mountain, and south Hillsboro — places where there are still green fields to build single-family detached housing. This is what people seem to want. 7:56:48 PM Councilor Hosticka advised that one of the things Metro will try to do soon is to look at the numbers for the last five years. We have seen an explosive growth in the south water front, the Pearl District, and places like that. North Bethany, after five years, has not even started to develop. He agreed that good data is needed. The basic goal is that Metro will not try to dictate to people what they want;they want to provide choices for people. 7:57:31 PM Councilor Hosticka again referred to who will pay for it. Current estimates indicate that the public investment is about $30,000/unit. System Development Charges will make up about half of what is needed. The question is whether existing residents will pay for the other half. Councilor Wilson said he has heard this;however,when he lived east of San Diego huge developments (about 5,000 — 20,000 acres) were master planned so roads and sewers were in place. He said he does not know how this gets paid for. Councilor Hosticka said one of the things that we don't have here is parcels of that size, where a single developer can do a 5,000-acre development. Other parts of the country develop large areas and this allows them to finance the infrastructure. The largest developments around here are around 2-300 acres. Given the recent Constitutional amendment in Oregon, there is no way government can help assemble those parcels. This continues to be a challenge. 7:59:18 PM Tigard City Council/Local Contract Review Board Meeting Minutes September 25, 2007 Page 21 Councilor Sherwood thanked Councilor Hosticka for the opportunity provided by Metro for the trip to Vancouver B.C. and Port Moody. She noted it was interesting to hear conversations regarding accommodating growth. 8:00:34 PM Councilor Woodruff asked Councilor Hosticka what his personal opinion is on urban services. Is this a responsibility for the County or should this be done through cities. Councilor Hosticka said he personally thought it should be done through cities. He suggested it might be prudent to require a full-service governance be in place before the Urban Growth Boundary is expanded. Right now,unincorporated Washington County is the largest urban jurisdiction in Washington County, and yet there is not a full spectrum of services. We know what the problems associated with that are and these are more than just financial. They also become social problems. If you don't have full- service governance, the whole community starts to deteriorate socially and this affects the quality of life and the quality of housing. The problem now is that the state legislature seems to be willing to pull back on our ability to make that happen. 8:02:42 PM Councilor Buehner referred to the lack of progress in Bethany. She said one of the issues in this area was litigation for about three of the last five years. She asked what assurances that we, as cities, Metro, or people planning in general, won't be facing the same situation. Councilor Hosticka said that the rules have yet to be adopted by LCDC on the urban reserves; however, in light of the new legislation he thinks there is less possibility of litigation should the Urban Growth Boundary be expanded in the future. 8:04:54 PM Councilor Hosticka said the problem now is that even with the litigation being resolved in North Bethany, how are we going to get the infrastructure there: Who is going to provide it and who is going to pay for it? The numbers are staggering;you are talking hundreds of millions of dollars. 8:05:17 PM Councilor Wilson advised Councilor Hosticka that the City of Tigard is updating its Comprehensive Plan and as part of this, the Council will be reviewing the 2040 Plan and how we've been doing as a city since the Plan was implemented. The City has absorbed a lot of growth in the last 10-15 years; part of the Bull Mountain controversy was a blow-back from the rapid growth. People were upset about how fast their neighborhoods were changing. We would like to try to develop our corridors and centers to take pressure off of our neighborhoods. One of the things we have been concerned with is that we have been placing more density on the outer fringes to a higher degree while the 2040 Plan talked about an average of 5500 square foot lots and we are seeing 2500 foot lots (very small). Councilor Wilson said there is some discomfort with this. Councilor Hosticka said this is not the pattern that is desired,but it is what has occurred because new areas are being developed at a higher density rather than looking at redevelopment of some of the centers. . 8:07:56 PM Tigard City Council/Local Contract Review Board Meeting Minutes September 25, 2007 Page 22 Councilor Hosticka said that people on the edge have made decisions thinking that the Urban Growth Boundary is a more or less permanent thing. People who own homes here pay a premium because there is green area nearby. Then, there are people on the other side who want to have the rural lifestyle,but access to the city. In time,the Urban Growth Boundary could be moved, which is why he wants to establish urban reserves so that when people make personal choices, they will know whether or not they can have any comfort about what will happen in their area. Councilor Hosticka said they would work to encourage as much development in the centers as possible. 8:09:04 PM Councilor Wilson commented that when we engaged in planning in Bull Mountain, under direction of Washington County, streets were stubbed out in areas next to the Urban Growth Boundary as a reminder that the streets will continue. 8:09:18 PM Mayor Dirksen summarized the City Council's comments. With regard to growth and expansion of the Urban Growth Boundary and urbanization within it, we have an ongoing concern with urbanization of unincorporated areas. It seems that certain individuals prefer this over doing the urbanization inside existing cities or expanding existing cities or to create new ones. City of Tigard feels that allowing this to occur creates or exacerbates the problem of how to fund urban services and amenities inside those areas. Our current problems will continue and expand if that policy and process continues. Mayor Dirksen said the second issue is with regard to urbanization or densification of centers. This Council has embraced Metro's 2040 Plan concept of centers. We've identified three centers within Tigard where it was recognized that greater density could be absorbed for residential and mixed-use/employment without detrimentally impacting our existing neighborhoods. Toward that end, Tigard asks Metro and Councilor Hosticka (as Tigard's representative) to truly represent Tigard's interests as those plans move forward and we make the changes to our Comprehensive Plan and walk through the final details of our downtown plan. Mayor Dirksen said he knows Metro has interest in supporting the concept of centers, but they might be interested in supporting some centers more than others. Tigard will ask Councilor Hosticka to be our advocate to make Tigard's centers — Downtown, Washington Square, and the Tigard Triangle — be considered for transit-oriented development grant funding. Councilor Hosticka said it has been a challenge; although, because of efforts made in Tigard,Metro Councilors in other jurisdictions have learned that"centers"are not just a Portland concept,not is affordable housing. 7. COUNCIL LIAISON REPORTS: None. 9:12:12 PM 8. NON AGENDA ITEMS: • Councilor Sherwood referred to the new Skate Park,which will be open by the end of October. Mayor Dirksen noted that there will be a sign board up to count down Tigard City Council/Local Contract Review Board Meeting Minutes September 25,2007 Page 23 to the day of its opening. City Manager Prosser said construction is proceeding extremely well. The contractor is doing a great job. The Grand Opening is now scheduled for November 8. Councilor Sherwood commented that a Skate Park was not in the Comprehensive Plan developed 20 years ago. This came forward as something the community and the City was able to accomplish. 9:14:24 PM • Councilor Buchner referred to the discussion with TriMet officials last week. She will be looking at issues with TriMet officials in the northwest corner of the city. She invited another City Councilor to join her if interested. 9:15:04 PM > ADJOURNMENT Motion by Councilor Woodruff, seconded by Councilor Sherwood, to adjourn the meeting. The motion was approved by a unanimous vote of Council present. Mayor Dirksen Yes Councilor Buehner Yes Councilor Wilson Yes Councilor Sherwood Yes Councilor Woodruff Yes f/ c�2, ' Catherine Wheatley, City Recor er Attest: Mayor, City or Tigard Date: I:\ADM\Cathy\CCM\2007\070925 fmal.doc Tigard City Council/Local Contract Review Board Meeting Minutes September 25,2007 Page 24