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City Council Minutes - 01/22/2008 Agenda Item No. Meeting of 22! City of Tigard Tigard Business Meeting — Minutes TIGARD CITY COUNCIL LOCAL CONTRACT REVIEW BOARD (LCRB) CITY CENTER DEVELOPMENT AGENCY(CODA) MEETING DATE/TIME: January 22, 2008/6:30 p.m. Study Session and 7:30 p.m. Business Meeting MEETING LOCATION: City of Tigard—Town Hall, 13125 SW Hall Blvd., Tigard, OR 97223 Mayor Dirksen called the meeting to order at 6:30 p.m. Name Present Absent Mayor Dirksen ✓ Councilor President Sherwood ✓ Councilor Buehner ✓ Councilor Wilson ✓ Councilor Woodruff ✓ Staff Present: Assistant City Manager Newton; Building Official Blalock, Community Development Director Coffee,Associate Planner Roberts, City Attorney Ramis, City Recorder Wheatley Track 1 • STUDY SESSION Joint Meeting with Committee for Citizen Involvement: Community Development Department Committee for Citizen Involvement Members Present: Basil Christopher,Chair;Myrna Boyce,Rex Caffall, Bev Froude,and Paul Whitney Associate Planner Roberts introduced the agenda item,which is the Committee for Citizen Involvement's annual joint meeting with the City Council. During the past year,the Committee for Citizen Involvement devoted the majority of its time to the Comprehensive Plan Citizen Involvement Program and the development of the new Neighborhood Program. Associate Planner Roberts advised that the committee membership was expanded and additional Committee for Citizen Involvement members have been named;there are now 13 people serving on the Committee. The Committee for Citizen Involvement will meet on February 20,2008 to set goals and establish a work program. Mayor Dirksen is the liaison to the Committee and will attend the February 20r'meeting. TIGARD CITY COUNCIL/LCRB/CCDA MINUTES — January 22, 2008 City of Tigard 13125 SW Hall Blvd.,Tigard, OR 97223 1 503-639-4171 1 www.tigard-or.gov I Page 1 of 22 Councilor Wilson referred to the 2008 Council goals,which includes a goal to promote and honor good citizenship in Tigard. The Council would like to see citizens get more actively involved so the City will continue to have good leadership. Assistant City Manager Newton said staff thought it would be a good idea if the Committee for Citizen Involvement assists with the citizenship promotion goal. Councilor Sherwood advised that the City Council also plans to support reinstatement of the Fanno Creek Conference,which is an event where citizens can debate and weigh-in on selected community issues. Committee member Froude had participated in the Fanno Creek Conference. She added that she was concerned about citizen participation when she reviewed the responses in the recent citizen survey. Councilor Wilson added that the City Council would like the Fanno Creek Conference to be held mid-year to help generate ideas for Council goals for the coming year. Mayor Dirksen shared how he thought the CCI could help the City. He noted the CCI has been asked to coordinate the Neighborhood Program. Mayor Dirksen said he anticipates the CCI will be asked to help with citizen involvement activities as needs arise. Mayor Dirksen asked that if the CCI comes up with ideas or issues for the City Council to consider,to please do that as well. Councilor Buehner noted the City Council meets periodically with the City's boards and committees. The Committee for Citizen Involvement covers a wide spectrum of interests so perhaps the CCI could be doing its planning in the summertime so the Committee's advice is ready for the City Council in the fall ahead of everyone else. This way,the information could be shared with subject-specific committees. Councilor Sherwood commented on the Council's Fifth Tuesday meetings and people do attend,but it's primarily a forum for complaints. Once in awhile there are suggestions for solutions,which is why the Fanno Creek Conference would be set up in such a way so that people would work on solutions to problems and, perhaps, offer ideas that no one else has thought of. Chair Christopher agreed that goals should be set for the Committee for the coming year. He noted one of his concerns regarding notice to neighborhoods for construction projects. He suggested notification be sent to the neighborhood if there is a long-term construction project that will need road closures or detours. He referred to problems he experienced when construction occurred in his neighborhood. For issues such as the one he just described,Chair Christopher said it might be best to meet with a department to work on a solution rather than to bring it to the City Council. He noted he wasn't sure of the interface on situations such as this. Assistant City Manager Newton said she thought this is a good example of how the neighborhood network could send an issue to the CCI. If the issue is not a policy change needing City Council consideration,then this is the type of item that could be posted on the neighborhood web page and/or published in the Cityscape on a page devoted to neighborhood news. Chair Christopher commented that there are likely policies in place regarding construction activities. Associate Planner Roberts agreed;however,the conditions of development might be ambiguous and, for example,might not specify requirements for private development to issue notifications for construction activity. Chair Christopher noted that in the next four to six months the Committee for Citizen Involvement will be discussing and working to resolve this issue. He said he would like to make the City Council aware of these types of issues even if the primary work will be with a department. Chair Christopher said he believed there would be compliance if private developers had the notification expectations spelled out accompanied by what would happen if they do not follow the requirements. Mayor Dirksen advised Chair Christopher that the City Council receives the minutes of all of the board and committee meetings. Because there are numerous groups,the Council liaisons will focus in more detail on the TIGARD CITY COUNCIL/LCRB/CCDA MINUTES — January 22, 2008 City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 503-639-4171 1 www.tigard-or.gov I Page 2 of 22 committees to which they have been assigned. If an issue arises,the Mayor encouraged Chair Christopher to contact him to let him know. Track 2 ➢ Neighborhood Network Open House Preview Assistant City Manager Newton reported that the kick off for the Neighborhood Program will be February 2, 11 a.m. to 4 p.m. She said she has been working with the Committee for Citizen Involvement on this for the last 18 months. The Committee for Citizen Involvement will be City's committee that will oversee the program in general, so if there are issues with programs,neighbors will have a group to go to if changes are needed. Assistant City Manager Newton described the different methods used to send out notice for this kick-off meeting and described some of the activities planned. She referred to information packets, stations explaining each element of the program: the live websites (two are now up and going),CERT Training,neighborhood land use meetings,neighborhood trail program,and National Night Out. Maps will be available so people can locate their neighborhood area for the program. Sign up sheets will be available for those who are interested in participating. The next step will be for the Committee for Citizen Involvement to work on a grant program and a steering committee. Staff will be available to assist those who attend. Assistant City Manager Newton advised she is working on getting someone at the kick off meeting from the schools. There is interest from the PSO's about how they could access this program to help promote some of the school activities. ➢ Housing Alliance Membership Associate Planner Roberts presented information on this agenda item. The question before the City Council was,"Should Tigard join the Oregon Housing Alliance organization?" Councilor Sherwood noted her support for this,which will be one way to try to get some funding for affordable housing from the legislature. Tigard is ahead of other cities in the County with regard to supporting affordable housing.Beaverton also has implemented some programs for affordable housing. Mayor Dirksen noted Lake Oswego adopted a resolution which focused on support for affordable housing. There was discussion on the recent failure to implement a funding mechanism for affordable housing with a fee being applied to recorded documents ($1 per document). This appeared to have legislative support;however,at the"last minute"the proposal failed—three votes short. The concern was that this was a"tax"and not a "recording fee." Councilor Sherwood advised she has heard this matter will not be a topic at the special February legislative session. Affordable housing issues are of concern nationwide with funding diminishing each year. Associate Planner Roberts noted other jurisdictions that are members of the Housing Alliance: Wilsonville, Beaverton,and Washington County. Councilor Wilson noted a concern that this was a lobbying group and there might be a perception that the City would be advocating everything the Alliance advocated. Council discussed the other organizations the City belongs to that also have a lobbying function: i.e.,League of Oregon Cities and Westside Economic Alliance. Councilor Sherwood noted that many affordable housing non-profit associations belong to the Housing Alliance: i.e., Community Partners for Affordable Housing,Tualatin Valley Housing Project,etc. The City supports these non-profit organizations. Councilor Sherwood said that if Tigard's name is shown along with the other members of the Alliance,this would help. Mayor Dirksen said that Councilor Wilson made a good TIGARD CITY COUNCIL/LCRB/CCDA MINUTES —January 22, 2008 City of Tigard 13125 SW Hall Blvd.,Tigard,OR 97223 503-639-4171 www.tigard-or.gov I Page 3 of 22 point and the City needs to be clear that Tigard's support of this is conditional and may be withdrawn if it takes a turn that the City does not support. Councilor Sherwood advised that as a member of the Alliance,we would be receiving a lot of timely information about events coming up to alert us when letters need to be written for support. Associate Planner Roberts also noted that members vote on the Alliance's agenda. Councilor Sherwood described the history of affordable housing funding at the state level. Funds were used that were earmarked for affordable housing when there was an overall state funding shortfall and those funds were never repaid. The document recording fee was anticipated to raise$2-3 million per year and would have been made available to fund affordable housing grants.After discussion,it was decided that Associate Planner Roberts would invite a member from the Housing Alliance to speak to the Council about the mission of the Alliance before the City Council decides whether to become a member. Administrative Items o Updated information for tonight's meeting: ■ Agenda Item No. 2—Chamber of Commerce President Meeks will not be present tonight. ■ Agenda Item No. 3.4—Council members received a January 17,2008,memorandum from Duane Roberts regarding the changes proposed to the City-ODOT Walkway/Bikeway Project Agreement. This memo was sent to the City Council in the January 18 newsletter. Assistant City Manager Newton advised that the City Recorder has the revised agreement,which will be signed if the City Council approves this item. ■ Agenda Item No. 7—City Council received a January 22,2008,memorandum from Greg Berry regarding the proposed Tigard Triangle Local Improvement District with a revised ordinance showing the project cost estimate in Sections 4 and 5. The ordinance in the City Council meeting packet states an earlier engineer's estimate in Sections 4 and 5. o City Council received a January 18,2008,memorandum from Darren Wyss,Associate Planner, asking whether the City Council would be willing to continue the first Tuesday meetings on the Comprehensive Plan. The next needed first Tuesday public hearing would be in May at the earliest. Council discussed their upcoming meeting schedule and indicated a general willingness to meet on the Comprehensive Plan as needed. o Councilor Buehner noted that,several months ago, she had suggested joint work workshops with the City Council and Planning Commission,which might make it more efficient. Community Development Director Coffee noted the format required for workshops,public hearings and Planning Commission recommendations on the Comprehensive Plan update proposals. It might be possible to combine some of these meetings and staff would keep this in mind for scheduling in the future. Councilor Buehner noted,as an example, she would like to sit down with the Planning Commission to hear the discussion on the tree code. There was brief discussion about the tree code and how it is working and whether people might cut down trees under the"threat" of a tree code. Community Development Director Coffee noted this will be a complicated policy debate. Developers and environmentalists agree that the tree code Tigard now has is not working. Study Session recessed: 7:26 p.m. TIGARD CITY COUNCIL/LCRB/CCDA MINUTES - Tanuary 22, 2008 City of Tigard 13125 SW Hall Blvd.,Tigard,OR 97223 1 503-639-4171 1 www.tigard-or.gov I Page 4 of 22 1. BUSINESS MEETING 1.1 Mayor Dirksen called the City Council, Local Contract Review Board, and City Center Development Agency to order at 7:32 p.m. 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 1.5 Call to Council and Staff for Non-Agenda Items: None 7:34:55 PM 2. CITIZEN COMMUNICATION Citizen Communication: No one signed in to speak. 7:35:21 PM • Follow-up to Previous Citizen Communication: None > Mayor Dirksen recognized that there were several teens in the audience from Tigard High School for Senior Seminar. He welcomed the students and encouraged them to think of questions they might like to ask at the end of the meeting. 7:36:00 PM 3. CONSENT AGENDA: Mayor Dirksen reviewed the following: 3.1 Approve Council Minutes for October 23 and November 6,2007 3.2 Approve Intergovernmental Agreement to Collect and Remit Construction Excise Tax Between the Beaverton School District 48J and the City of Tigard 3.3 Appoint Jason Rogers, Kim Leinberger, and Brian Davies as Members and Holly Lethbridge as an Alternate Member to the Park and Recreation Advisory Board—Resolution No. 08-01 A RESOLUTION APPOINTING JASON ROGERS, KIM LEINBERGER, AND BRIAN DAVIES AS MEMBERS, AND APPOINTING HOLLY LETHBRIDGE AS AN ALTERNATE MEMBER,TO THE PARK AND RECREATION ADVISORY BOARD 3.4 Approve Agreement with Oregon Department of Transportation for a Walkway/Bikeway Project to Close Two Sidewalk Gaps Near the Hall Boulevard/Bonita Road Intersection 3.5 Local Contract Review Board: a. Award Contract for Geographical Information System (GIS) Applications Development and Implementation Project to GeoNorth and Authorize the City Manager to Execute the Contract b. Approve Purchase of Geographical Information System (GIS) Professional Services from Oregon Corrections Enterprises TIGARD CITY COUNCIL/LCRB/CCDA MINUTES —January 22, 2008 City of Tigard 13125 SW Hall Blvd.,Tigard, OR 97223 503-639-4171 www.tigard-or.gov ( Page 5 of 22 Motion by Councilor Wilson, 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 7:38:02 PM 4. PRESENTATION OF AWARDS TO WINNING PHOTOGRAPHERS OF THE CITY OF TIGARD PHOTO CONTEST FOR THE UPDATED COMPREHENSIVE PLAN Assistant Planner Daniels reviewed this agenda item and a PowerPoint slide presentation. Council's direction to update the Comprehensive Plan stressed the importance of garnering citizen input and participation.The Comprehensive Plan Photo Contest is one of the additional ways staff has sought this citizen participation.The images reflect the photo contest theme,"Tigard... A place to call home." The photos collected in the contest will be used and credited in the Comprehensive Plan,with the overall winner featured on the front cover. The contest ran from the end of August to November 1,2007. Entries were received from 14 photographers, 40 photographs in total.The Photo Contest Category winners are as follows: Category Winning photo and photographer ■ Places: "Carriage House in Autumn" by Dan Quello ■ Wildlife/Pets: "Friendly Deer" by Zen Dutson ■ History: "Tigard House" by Paul August ■ People: "Lawn Bowling" by Kirsten Carnese ■ Landscape: "Fall Color" by Kim Brun In an effort to expand the participation to the broader community,online voting for the top winner was available from December 10,2007 to January 4,2008.Using"Survey Monkey" to collect responses, 714 votes were received. The Tigard community has voted,and the winner for the cover of the Comprehensive Plan document cover was Paul August for his photograph of the Tigard House. 7:42:19 PM Certificates were prepared for each of the category winners. Paul August and Zen Dutson were present to receive their certificates and the thanks from the Mayor for the beautiful photographs. Mayor Dirksen noted the Council was thinking about making this an annual event. TIGARD CITY COUNCIL/LCRB/CCDA MINUTES —januag 22, 2008 City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 1 503-639-4171 1 www.tigard-or.gov I Page 6 of 22 7:44:04 PM 5. UPDATE ON TIGARD YOUTH ADVISORY COUNCIL(TYAC)ACTIVITIES Police Department Youth Program Services Coordinator Huiras introduced the Tigard Youth Advisory Council for an update on accomplishments in 2007 and to advise Council of activities planned for 2008. Tigard Youth Advisory Council President Rob Williams presented information on the back ground of the TYAC,which was formed in 2003 under the directive of the late Mayor Griffith. Their mission is: Empower, improve, and connect the lives of Tigard'syouth. A copy of the PowerPoint slides shown to the City Council and audience is on file in the City Recorder's office. At this time,there are 15 TYAC members with room for a total of 30 members. TYAC is the official advisory body to the City Council on youth issues. City Council received an overview of the projects worked on during the past year and those planned for this year from Alexander Carsh,Narinthoun Luangrath and Mackenzie Lebrun: • Tigard was selected as one of the 100 Best Communities for Youth in the nation because of its low drop- out rate and the involvement of the youth in the community. Alexander Carsh went to Washington DC to receive the award for Tigard. • Halloween Rooms—an event planned for Tigard-area children. • Tree Lighting Ceremony—participated with a craft booth at the event. • Joint Meeting with the Tualatin Youth Advisory Council—Tualatin decided to help publicize the TYAC blanket drive. Also discussed were issues that Tigard and Tualatin could work together to present a better, more positive outlook on the youth in the community. Mayor Dirksen noted he was glad the TYAC decided to meet with Tualatin and added that the Tigard City Council meets regularly with the Tualatin City Council as well as the School Board. It is beneficial to discuss issues that are of interest to everyone. Councilor Buchner pointed out that some of Tigard's residents attend Tualatin High School. • The TYAC is currently sponsoring a blanket drive which will end on February 15,2008. These blankets will be delivered to the Community"Casing Closet"to help those less fortunate in the community. • Bicycle Safety and Wellness Fair will be held in May 2008. TYAC recently received a grant from the Commission of Children and Families for$1000 to fund this project. This will be an opportunity for the community's youth to learn about bicycle safety,which will also be a fun event at Cook Park with several activities planned. The Police Department will also have staff there to give safety tips. Refreshments will be served,too. • Family Movie Nights—these events are free and held at the Tigard Library for the younger children. TYAC members volunteer to attend these events and help distribute refreshments and interact with the children. There were 150 attendees at the last movie night. 7:54:59 PM TYAC President Williams gave contact information for TYAC and advised new members are welcome from the Tigard service area. Membership applications are reviewed by the City Council. 7:55:41 PM Councilor Sherwood thanked TYAC for all the work they are doing in the community and for the example being set for other youth,especially the younger children. 7:55:54 PM Mayor Dirksen noted that one of the City Council goals is to become better engaged with youth in the community. If there are ways that the TYAC or members of the School District could think of for the Council to connect with teens at the high schools or the middle schools,Council would appreciate hearing those for consideration. TIGARD CITY COUNCIL/LCRB/CCDA MINUTES —January 22, 2008 City of Tigard 13125 SW Hall Blvd.,Tigard,OR 97223 1 503-639-4171 1 www.tigard-or.gov I Page 7 of 22 TYAC President Williams recalled that Mayor Dirksen attended the Youth Summit Workshop last year. This event will be conducted again this year in conjunction with the TuYAC. He said this is a good way for people meet the Mayor and ask him and members of City Council questions. He extended an invitation for the Mayor and City Council to attend the TYAC meetings. President Williams said that when there are issues of importance to the Mayor and City Council for which input is needed,TYAC would be glad to provide that. In addition,TYAC members would like to begin attending City Council meetings when possible;they are working on implementing a rotating schedule so a TYAC member can attend City Council meetings as an ex-officio member to the City Council,if the Mayor and Council was willing to do this. Mayor Dirksen said"you are always welcome." Councilor Buehner advised that one of the issues under discussion at City Council was how to do better outreach and make our young people feel that they are part of the process and feel comfortable asking a question. She said one of the thoughts that she had was to have a City Council members speak at a high school civics classes. President Williams responded that he attends Jesuit High School and said he thought that this was a good idea. He added that often teens do not know what the City Council does or who the City Council members are;additional participation will help to make people realize that this is something that is important and impacts their lives. Recess City Council Meeting(Motion by Council) 7:58:22 PM • Mayor Dirksen recessed the Tigard City Council meeting and announced they would reconvene as the City Center Development Agency. • Roll Call: Name Present Absent Chair Dirksen ✓ Director Sherwood ✓ Director Buchner ✓ Director Wilson ✓ Director Woodruff ✓ 6. JOINT MEETING: CITY CENTER DEVELOPMENT AGENCY AND CITY CENTER ADVISORY COMMISSION AND REVIEW OF 2007 CITY CENTER ADVISORY COMMISSION ANNUAL REPORT City Center Advisory Commission members present: Chair Ellis Gaut;Commissioners: Barkley,Craghead (alternate),Lilly, Shearer,and Hughes. Chair Ellis Gaut presented the annual report. Highlights are as follows: o During 2007,the CCAC worked mostly from the original work program. The most overriding of the projects was the Master Plan for the Fanno Creek Park and Public Plaza. Former CCAC Chair Switzer was also the Chair of the Steering Committee. Chair Ellis Gaut was also available to the Steering Committee as the second member from the CCAC. The Steering Committee took the lead in the investigative portion of the process and the CCAC stayed very involved. There were numerous briefings to the CCAC on the Steering Committee activities resulting in the final recommendation from the CCAC to the CCDA and the City Council to adopt the Master Plan. o Time was spent earlier in 2007 on the Burnham Street reconstruction project,which is a green street project. TIGARD CITY COUNCIL/LCRB/CCDA MINUTES — Tanuary 22, 2008 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 1 503-639-4171 1 www.tigard-or.gov I Page 8 of 22 o The majority of public comments have been enthusiastic about the green theme and sustainability as an overarching goal for the City. o Form based codes were explored as it pertains to the new downtown and potentially for use in other areas such as the Tigard Triangle. A joint committee was formed with the Planning Commission to explore form based codes;preliminary sketches and samples have been forwarded to the CCAC. o CCAC received a presentation on affordable housing,an important component of downtown redevelopment. The CCAC hopes to have more engagement and deepening levels of detail on this topic in 2008. o A lot of public comment was received on the Burnham Street project. Initially,a roundabout structure was recommended for Burnham Street as a part of the design;however,there were a number of property owners who were directly affected by the structure. Ultimately, the CCAC recommended to not proceeding with the roundabout. Perhaps, this could be revisited at a later time;but,because many of the business and property owners near this location are planning to stay in the downtown,it is important to honor the needs that they expressed. o The CCAC has struggled with not being up to full membership of the Commission. She noted appreciation for the two new members recently appointed. An additional two members are needed, so the CCAC would like to know how it could be helpful in the recruitment process. o One of the items debated was the question of funding of the Downtown Park and Plaza,which was looked at last year prior to the City's budget process. The budget was recommended by the CCAC with two exceptions: The first exception was the removal of the roundabout from the Burnham project;the other was that the System Development Charge's would be paid in the amount in proportion to the percentage of City expenditures when land acquisitions occur. This would mean that acquisition of future parks would not be jeopardized. CCAC felt it was important not to"drain the bank account." o The CCAC was instrumentalin getting the MTIP grant for$2.5 million for the Main Street retrofit. Metro,during the hearings,was very interested in what Tigard is doing in the downtown. o The CCAC members are now setting their own agenda by reviewing the work plan to set priorities for meetings. Chair Ellis Gaut complimented the Tigard staff members who have assisted the CCAC: Community Development Director Coffee, Senior Planner Nachbar,and Associate Planner Farrelly. o The CCAC always makes time available on its agenda for public comment. o The CCAC would like to take advantage of additional training opportunities and,if possible,they would like to have some kind of professional membership to give them access to publications to be more self- educating about the processes that they are dealing with. As an example, the Urban Land Institute is an organization that the CCAC has interest an interest in joining for their magazine and access to online training. o CCAC invites the City Council members to attend their meetings. President Ellis Gaut thanked Councilor Sherwood for attending its meeting last month. o President Ellis Gaut referred to the list of resolutions adopted last year by the CCAC. o In 2008,the CCAC will be looking at strategy for implementation in conjunction with the Leland report recommendations. o The CCAC will be looking at a more detailed design for Main Street. o The CCAC might consider discussions about possible bylaw amendments to determine if it makes sense to implement a succession strategy for chairs and vice chairs. Director Sherwood said she would try to attend meetings quarterly. Director Wilson said,"This is the year...that improvements go in the ground...That's exciting because everything until now has been on paper and this is what we have all waited for. We actually delayed the Burnham improvements,because they weren't ready,and now we are going to get a lot better Burnham Street." Director Wilson referred to the Leland consultants recommendations about which projects should be done first. TIGARD CITY COUNCIL/LCRB/CCDA MINUTES —January 22, 2008 City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 1 503-639-4171 1 www.tigard-or.gov I Page 9 of 22 Director Buchner referred to her service on the CCAC before becoming a City Council member and advised that it is exciting to see things that have been worked on for a long time coming to fruition. Chair Dirksen agreed that it is exciting to start with a blank piece of paper,developing a plan and then finally see something being built in the"real world." Chair Dirksen mentioned,as a follow up to Director Wilson's comments above,that Director Woodruff had asked the Leland consultants to give a recommendation on what the first$500,000 should be spent on. Council just received a thoughtful response from the consultants. The CCAC has not yet seen this response. After the CCAC reviews,Chair Dirksen said he would like to hear the CCAC members'reactions to these recommendations. 8:17:13 PM Chair Ellis Gaut asked the City Council what sort of supplemental things would work for the CCDA. Would the CCDA like to hear from a CCAC member during public comment time at City Council meetings or should some other mechanism be set up. She said she wasn't requesting an answer to these questions right now,but the CCAC is very interested in having more opportunities to touch base with the CCDA. Director Sherwood reported that the City Council met earlier this evening with the Committee for Citizen Involvement. One of the reasons the City Council doesn't attend board and committee meetings all of the time is sometimes a committee will look to the Council member as decisions are being made. The City Council would rather have the Committee make the decisions without it being driven by the City Council(aka CCDA). Director Sherwood said because the board and committee members represent the community,ideas will be more original without City Council influence. City Council receives board and committee minutes each month. One idea Director Sherwood suggested is that,as the Council/CCDA Liaison to the CCAC, she could meet with President Ellis Gaut on a regular basis. President Ellis Gaut was receptive to meeting with Director Sherwood and added that the CCAC is looking for feedback on what the CCDA members think about CCAC recommendations various issues. Director Sherwood noted she appreciates it when a CCAC member shares ideas with the CCDA on particular topics. She added that the City Council has followed almost all the recommendations forwarded to the CCDA by the CCAC. 8:20:26 PM Director Buchner said when she served on the CCAC, she made a recommendation that the CCAC meet once a quarter at a CCDA workshop meeting. There was discussion on this proposal with the City Council members agreeing that as items come up the CCAC will request to be placed on a CCDA workshop agenda. To help with scheduling,the CCAC will endeavor to schedule such a meeting at least a month in advance. CCAC will work with its staff liaisons to schedule this joint meeting with the CCDA. 8:22:28 PM President Ellis Gaut referred again to the Leland report,which suggested that the City take the initiative in engendering the creation of a broadly represented downtown business community. She asked how the CCDA felt about this suggestion. Director Sherwood said this is one of the things on the"do first"list from the consultants. Chair Dirksen added that the CCDA has not had a chance to discuss this idea. Director Buchner suggested this could be one of the issues addressed the next time the CCDA meets with the CCAC. TIGARD CITY COUNCIL/LCRB/CCDA MINUTES —Januag 22, 2008 City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 1 503-639-4171 1 www.tigard-or.gov I Page 10 of 22 8:23:41 PM Chair Dirksen noted there needs to be discussion on the"short list" from the consultants about how to proceed. Adjourn City Center Development Agency(CCDA)Meeting(Motion by CCDA) 8:24:14 PM Motion by Director Sherwood,seconded by Director Wilson,to adjourn the CCDA meeting. The motion was approved by a unanimous vote of City Center Development Agency members present. Chair Dirksen Yes Director Buehner Yes Director Wilson Yes Director Sherwood Yes Reconvened City Council Meeting: 8:24:43 PM 8:25:23 PM 7. PUBLIC HEARING FOR A PROPOSED LOCAL IMPROVEMENT DISTRICT (LID) IN THE TIGARD TRIANGLE AND CONSIDERATION OF AN ORDINANCE TO FORM THE DISTRICT The text of the notice for this hearing follows: The Tigard City Council on January 22, 2008, at 7:30 PM at the City of Tigard Town Hall, 13125 SWI Hall Blvd., Tigard, Oregon, consideredformation of the Tigard Triangle Local Improvement District to construct improvements to the following streets within the City of Tigard. • SWI 69'x"Avenue, between SWI Dartmouth Street and SWI Baylor Street • SWI Clinton Street, between SWI 686 Parkway and SW170"Avenue • SWI Dartmouth Street, between SWI 68'x'Parkway and SWI 70'x'Avenue (north side only) • SWI Baylor,from SW170"'Stroet to just east ofSWI 696 Avenue • SWI 68'x'Parkway,from SWI Dartmouth Stroet to a point approximately 50 feet north of SWI Clinton Street(west side only) and a landscaped median extending from 150 feet to 350 feet north of SWI Clinton Street • Sidewalks, ramps, curbs, signing and striping to support the proposed traffic signal at SW168"and SWI Dartmouth Street. The proposed improvements include upgrading the streets to full City street standards, including sewer, storm drainage facilities, curbs,gutters, sidewalks, street trees, and undergrounding of any overhead utilities The purpose of the hearing is to receive remonstrances as required by Tigard Municipal Code, Chapter 13.04. To be considered, all written and oral remonstrances must be received by the close of the hearing. City Council may modij the proposed boundaries or proposed local improvement. The estimate of probable total costs of the improvements is between ,$2,300,000 and ,$2,500,000. The proposed method of assessment shall be asfollows. Sanitary Sewer Improvements 100%of costs on an Area Basis for lots that are not currently served Street,Private Utilities and Storm Drainage Improvements TIGARD CITY COUNCIL/LCRB/CCDA MINUTES —January 22, 2008 City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 1 503-639-4171 1 www.tigard-or.gov I Page 11 of 22 75%of costs on an Area Basis for all properties 25%of costs on a.Frontage Basis forproperties notpreviously improved along Sim 68'x'Parkway. Sidewalk, Street Trees. and Street Lighting 25%on an Area Basis 75%on a Frontage Basis The costs and proposed method of assessment are proposals only. The actual assessment will be based on the actual costs and on a method of assessment to be determined only after the local improvement is completed. Copies of the Preliminary Engineer's Report are available at City Hall, 13125 Sit Hall Blvd., Tigard, Oregon 97223. Further information may be obtained from the Community Development Department by calling 503-718-2468. 8:25:49 PM a. Mayor Dirksen opened the public hearing. b. Mayor Dirksen asked for declarations of conflicts of interest;there were none. There were no challenges from the audience regarding the authority of the City Council to hear this item. c. City Engineer Duenas presented the Staff Report. A copy of the PowerPoint presentation is on file in the City Recorder's office. This presentation outlines the highlights of the staff report. d. Council questions: Mayor Dirksen noted that the City Council received a memo tonight that included a revised proposed ordinance and one of the modifications was the project cost estimate. What is the comparison between the new and old figure? City Engineer Duenas advised that the old figure was a little over$2.2 million and new figure is $2.4 million. There was an increase in the scope of the project. The information that went out in the notices was the correct information. d. Public Testimony Proponents Tim Roth,advised his business address is 12600 SW 72"`'Avenue,Tigard, Oregon and he also owns property within the proposed LID Boundary. He said he was in favor of the LID and advised he also participated in the previous LID in the Triangle. He said he was pleased with the outcome and how the City handled the previous LID. He said he was first informed of the intent of the City to form this LID on July 24,2006. The only other correspondence he had received was this recent one,January 9,2007,which provided notice of this public hearing. He said he was not able to attend the initial meeting so he would like to ask questions about the design and the boundary of the LID. Mr.Roth referred to the notice statement,which reads: o SWI 68'x'Parkway,from SiYl Dartmouth Street to a point approximately 50 feet north of SW1 Clinton Street(west side only and a landscaped median extending from 150 feet to 350 feet north of S1YI Clinton Street He said the median along 68`''Parkway was a design standard in the Tigard Triangle at the initial approval about 14 years ago. He asked why the median is now being incorporated in the LID. He asked why the median wasn't a condition of approval when Pacific Northwest Properties developed the property east of 68'h (Tigard Commons). Mr. Roth said he has other property that fronts on major and minor collectors TIGARD CITY COUNCIL/LCRB/CCDA MINUTES -January 22, 2008 City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 1 503-639-4171 1 www.tigard-or.gov I Page 12 of 22 within the Tigard Triangle and the design standards for those streets include that he is to design a median. He challenged that the median cost is to be shared by several properties. If this is allowed,then he should also be able to share the cost of his median among multiple properties. Mr. Roth said he also questions a parcel that is located between 69`h and 70`''that fronts on Dartmouth, which is owned by Dartmouth Townhouse,LLC. They own some property that fronts on 69`'and there have been improvements along that frontage. The frontage improvement is not part of this LID equation; yet,the property along Dartmouth is. He referred to the responsibility of the property owner to pay for improvements for frontage including street improvements. 8:36:39 PM Mr. Roth said he believed that the intent of the LID would be to enhance a full-street improvement as opposed to only a half street that would be ultimately be required when developed later. A full-street enhancement would bring benefit to all property owners. He questioned why a full Baylor Street improvement was not considered,rather than piecemeal this street. Mr. Roth reiterated that he is not in opposition to the LID;however he questioned some of the reasoning as to why the lines are drawn where they are,why some properties are included,and why some improvements outside are included in the LID. He would like to be able to review the methodology by which the assessments are assigned. Mayor Dirksen noted that Mr. Roth's issues are technical in nature. He asked City Engineer Duenas to respond to Mr. Roth. City Engineer Duenas said that part of the decision was to determine how far to go with the LID and how many properties were to be involved. Properties north of Baylor are not developing at this point, so it was decided that it makes sense to include half of the street,but wait for development to occur on the north side before the other half is done. City Engineer Duenas explained some of the properties are residential and are not redeveloping at this time and,if they were to be included,the new street would be right next to the home. Adding more properties for people who are not developing would likely increase the number of remonstrances. To be successful,an LID should be supported by the properties that are benefiting. Later when the rest of the properties decide to develop, they could either form an LID or make the improvements as required by the Development Code. City Engineer Duenas said it is a judgment call,which is also based on terrain. Part of the issue relates to what kinds of improvements need to be done and the impacts on the surrounding properties. The boundary was pulled back to assure it would be a successful project and one that could be completed quickly to avoid weather and terrain problems. There is a lot of hard rock in this area and some of the sewer improvements that are planned are dictated by how deep the sewer lines are. City Engineer Duenas advised that Dave Larsen was present to answer any technical questions. Mayor Dirksen recalled that City Council asked why the piece of property that had town homes was excluded and it was because,as a previous condition of development,they already did their improvements. City Engineer Duenas confirmed that the Mayor's recollection was correct. In additional discussion,it was clarified that the property with the town homes did the half street improvements on 69`h Avenue. The property was included because of the full improvements needed for Dartmouth. Mayor Dirksen commented about the City's sensitivity of impacting residential properties and an LID would have a detrimental financial impact on them. The City attempts to create boundaries so that the only people involved in the LID are those who will benefit from the improvements. This is why you end up with some half-street improvements while other areas are excluded. TIGARD CITY COUNCIL/LCRB/CCDA MINUTES - January 22, 2008 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 1 503-639-4171 1 www.tigard-or.gov I Page 13 of 22 Councilor Buchner recalled a discussion about some properties on 70`h Street and if the full improvement is done now,it would have taken out entire front yards and the garages of some of the residences. Mr. Roth said he had no argument with SW 70'b Street. When they were actively doing the 69`h LID in 1984,there were a couple of property owners that were detrimentally affected and he sympathized with that situation. If there is any way that the City can make it happen,then the true benefit of developing the full street at Baylor up to 68`h would enhance the whole corridor as opposed to a piecemeal approach. He reiterated he questioned the inclusion of the median on 68"'at this late date. 8:45:25 PM Councilor Buchner said the Code changed,which is why the median was included. Councilor Buchner asked about the Smith property on the corner of 68`h and Baylor. Mr.Larsen said it was his recollection that there is a significant grade difference. The frontage along the south side of Baylor is already improved. The Smith property is already unproved. Councilor Buchner asked that with the connectivity code we have,why is there a cul de sac there? City Engineer Duenas advised there is a substantial grade difference and the whole street would have to be redone. 8:48:52 PM In response to an inquiry from Mayor Dirksen,Mr. Roth said his questions were not completely answered. He said he would like to be notified as the process evolves and be placed on the mailing list. He said he certainly would like an opportunity to look at the methodology used to establish the assessment values on the properties. Mayor Dirksen suggested that Mr. Roth contact City Engineer Duenas to review the assessment information. 8:49:50 PM Greg Specht, 15325 SW Beaverton Creek Court,Beaverton, Oregon spoke in favor of the proposed ordinance. He said that they have been before the City of Tigard for about two years discussing this LID. They have worked extensively with City staff and retained Group MacKenzie through the City to do the feasibility studies. Mr. Specht gave some background. Specht Development,about 10 years ago, came before the City of Tigard and asked for creation of an LID that extended south from Dartmouth along 69`h Street. This LID created a substantial amount of improvements for the Specht property as well as many other properties in the area. The end result of the development that occurred demonstrates merit for the community. The LID before the City Council now is one that"we have spent a fair amount of time worrying over." The Specht property encompasses about four acres and their intention is to build a 70,000 square foot Class A office building on the corner of 68`h and Dartmouth as you come off the freeway. Specht has been through the City for design review;they negotiated with the City for quite some time and received conditions of approval. The creation of the LID is the next step in the evolution of the project. Mr. Specht asked that the City Council cast a vote in favor in creation of the LID. Opponents John Coon and Mary Olsen,property owners on the corner of 69'h and Baylor, 6940 SW Baylor,Tigard, Oregon. The property is shown as 1800;however,it is two lots—1800 and 1900. He referred to earlier testimony and statements about not doing improvements until there was value to the residents. He said that"right now,we don't really see the benefit of a half-street improvement along Baylor." He said they do not have a commercial interest that will be served in any way by those improvements;in fact,the cost to them (more than$185,000)is equal to the value of the property that they purchased. This would make it TIGARD CITY COUNCIL/LCRB/CCDA MINUTES —January 22, 2008 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 1 503-639-4171 1 www.tigard-or.gov I Page 14 of 22 untenable for them to stay there. There is no commercial development on that block. It would make sense to wait and make a whole street improvement when the rest of the area to the north"goes commercial." To make that a half-street improvement at this point will cause safety problems,the street is off center,and they will lose parking spaces. This would put a terrible strain on their ability to maintain that area and provides them with no benefits at this time. Mary Olsen read a letter into the record. A copy of this January 22,2008,letter(opposing the LID) from Mary Olsen and John Coon is on file in the City Recorder's office In response to a question from Councilor Buehner,Ms. Olsen advised the home is a rental property. Councilor Buehner said it was her understanding that there is significant development planned on 69th and asked if she was misinformed. Mr. Coon and Ms. Olsen said they are talking about Baylor Street. There is property behind theirs on 69th that has been clear-cut. Initially this property was to have been a parking lot. It is Ms. Olsen's understanding that this site will be undeveloped and there will be a multi-level parking structure across the street. Mr. Coon said their main point is why there is to be a half-street improvement on Baylor when this area is not going to be commercially developed. Their section of 69th has no plans to be developed. City Engineer Duenas responded that they saw an opportunity to make the connection between 69th and 70th. Although 70th is not going to develop right now,the potential is there and Specht Development has also indicated that if there is development on the east side 70th,they will participate in doing this development. Mr. Coon said they received no notice of the December 18th City Council meeting and decision. They did receive notice of tonight's meeting. This was their first notice informing them of this proposal. In response to Mayor Dirksen,City Engineer Duenas said the notice for this meeting was required by ordinance for the public hearing. The meeting on December 18,was to present the preliminary engineer's report to the City Council and for the City Council to ask questions and then decide whether to conduct a public hearing. Mayor Dirksen asked that when an LID is being contemplated and a map is drawn,he would assume that all the people within the area are notified before this point. City Engineer Duenas said there was a neighborhood meeting some time ago when the LID was first brought up. At that time,the boundaries included 70th;there has been a change in that the boundaries have been pulled back. The meeting was held early-on to receive input from the property owners. When properties were included to the north,there was 'input from the neighborhood meeting,which caused the City to pull back the boundaries. Most of the properties in this area will not be developing. This meeting was held July 24,2006 to discuss the proposed LID with the property owners. This project was included in the Capital Improvement Program for a year and then Specht requested time to review; so"we took it off the books." Specht then came back and said they would like to proceed,but with reduced boundaries. Councilor Buehner asked if it is City policy when looking at an LID that we do not send a notice to property owners when the Engineer's Report is prepared. City Engineer Duenas said notices were probably not sent;it was a presentation to the City Council. He acknowledged that notices should have been sent to give people an opportunity to listen to the preliminary report. The December 18 Council decision"kicked off the process for us to actually send notices out and have a public hearing." The formal part of the process is tonight and is the opportunity for residents to remonstrate against the LID or support it. Councilor Sherwood asked if the City Council has the opportunity to pull properties out of the LID at this time. City Engineer Duenas said he thought so;the City Council could direct staff to redo the boundary to TIGARD CITY COUNCIL/LCRB/CCDA MINUTES —January 22, 2008 City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 1 503-639-4171 1 www.tigard-or.gov I Page 15 of 22 eliminate certain properties as long as it is not integral to the rest of the streets. If the properties to be deleted are along the periphery that could easily be done. Councilor Buehner referred to City Engineer Duenas'statement that there is the possibility of doing another LID on 70r''Avenue. City Engineer Duenas said that is a possibility or the properties along 70th could develop individually. Councilor Buehner asked,"Wouldn't that be the logical time to do the Baylor Street improvements?" City Engineer Duenas said,"Possibly,but then we would have to take properties on both sides to include this property that we are talking about tonight." Marzie Salane, 19432 Wilderness Drive,West Linn, OR 97068,advised she owns property within the proposed LID. She said her objection is simple: It is the cost of the improvement of the property;they cannot afford it and it is unfair. She noted it would cost them$70,000 for 75 linear feet. John M.Kearney 2508 NE 24`''Avenue,Portland, Oregon 97212, said he is one of the members of the Dartmouth Town Homes,LLC. Mr. Kearney said he has spoken with Councilor Buehner in the past about this issue. Councilor Buehner said she told him to talk to the City. Mr.Kearney clarified that he does not think that either of them has a conflict,but he wanted to bring this up for it to be in the record. Mr. Kearney said he is neither for not against the LID. He said they bought a property about one year ago, which is on Dartmouth Street between 69th and 70th. They purchased the property fully improved all the way around the perimeter. During Site Development Review,they were required to dedicate an 11-foot strip along the Dartmouth side,so this means "they will be tearing out all of our beautiful concrete,curbs and gutters only to replace them again 11 feet further back in the property." The LID was never noticed to them through the previous owners. At this point,"you are asking us for$125,000;it's untenable. We are only putting seven units on there,which is $18,000 per unit." He said it would be paid for over time,but they are planning to sell the property and it will probably cost about$1,200 per year in taxes per unit. This will mean that they will get$16,000 less in purchase price per unit. This will definitely impact their bottom line. Mr. Kearney asked when this LID process started. It looks as if there was a preliminary Engineer's Report ordered in February 2006. City Engineer Duenas confirmed that it has been a couple of years since the start. Mr. Kearney asked why the City would have Pacific Northwest Properties put the line in 11 feet from where it was going to go eventually,rather than having them do that once,and do it right? Mr.Larson said that it was his understanding that the original Dartmouth LID of about 20 to 25 years ago was for a three- lane section. He said he did not believe the Pacific Northwest Properties made any improvements on Dartmouth;the improvements,he thought,were on a short piece of 70`h frontage and along an area on 69". Mr. Kearney said when they purchased the property,it was approximately 120 feet on 69th,all of Dartmouth,and about 100 feet up 70'h. Mr.Kearney said he thought the improvements on Dartmouth were done by a prior City LID. Mr.Kearney said it looked to him that these improvements had all been at the same time;however,he said he would defer to Mr.Larson's memory. Mr. Kearney advised they have sensitive wetlands on the property. There are 32 provisions in the Site Development Review. Two of those provisions require them to dedicate land to the City and about nine more address trees on the property. He said he wanted assurances that the City will take care of the trees in the same manner and at the same monitoring and reporting that they have to go through. There are trees on the property in the natural wetlands. He said,"ironically,we have spoken with Clean Water Services and rather than leave it natural,they want us to put in 500 grass plants and 200 trees." Mr. Kearney concluded by saying,he was wondering"where are you coming up with$125,000 for us when we bought our property that was fully developed..." Mayor Dirksen asked if Mr. Kearney's pieces of TIGARD CITY COUNCIL/LCRB/CCDA MINUTES —January 22, 2008 City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 1 503-639-4171 1 www.tigard-or.gov I Page 16 of 22 property were those that front on Dartmouth and the corner of 70`''and 69h. Mr. Kearney said that was correct. Ms. Salane advised that her property is on 69"—7601. She confirmed that this is rental property. In response to a question from Mayor Dirksen,City Engineer Duenas advised that the property at"7601" is integral to the LID. e. Staff recommendation: City Engineer Duenas said the staff recommendation is for the City Council to approve the ordinance establishing the Local Improvement District. Mayor Dirksen said he was going to leave the public hearing open in case City Council discussion includes any questions for anyone that has testified. 9:13:29 PM f. Council Discussion Councilor Buehner addressed City Engineer Duenas and noted that last month when the Council had the discussion that she had asked if there were any property owners within the proposed boundaries that had notified him of an objection. She asked if he was aware of any objections. City Engineer Duenas said"no" and added that staff had not heard from any of the property owners prior to tonight. Councilor Sherwood asked how would these property owners know to object if they were not given a notice when the boundaries were being drawn. City Engineer Duenas said there was initial neighborhood meeting and new boundaries would drawn based on that neighborhood meeting,in part. Councilor Buehner said she understood that this neighborhood meeting was held during the first go-around of this LID before it was tabled two years ago. There was no additional outreach to the public to get further comment? How many properties could have turned over in that period of time? She said she was very concerned about the lack public outreach when there has been this kind of timeline. She said she has no opposition to the Specht company doing their business,but"it seems tome that this is a real problem when you had this much time lag occur to not have had another outreach meeting and not to have specifically noticed every single member of this proposed LID so that they would have an opportunity to know what is going on." Councilor Buehner said she doesn't know whether these particular properties have changed hands in the intervening period,but it could have happened. Councilor Sherwood noted concerns about notification, especially when"you are talking about over $100,000 assessment for some of these properties." Councilor Buehner said that she does not see,at this point in time,the need to do a half-street improvement on Baylor Street. She said,"I'm in general in opposition and I have heard you say that you are in opposition to doing half-street improvements,because it doesn't create a good street base. It seems to me that the time to do improvement on Baylor is when 70'hand the properties to the north of Baylor are ready to develop. It seems to me that should be deleted from this proposed LID...it doesn't make sense." Councilor Sherwood asked if this is all zoned Commercial in this area? Mayor Dirksen and City Engineer Duenas advised it is zoned Mixed Use Employment(MUE). TIGARD CITY COUNCIL/LCRB/CCDA MINUTES — Tanuary 22, 2008 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 1 503-639-4171 1 www.tigard-or.gov IPagel7of22 Greg Specht said that it was his recollection that the Baylor improvements were a part of the original discussions with regard to the scope of the LID when 701h was included. So,the entire block between Baylor—Clinton—69 h and 70th was to be improved. He said he suspected that this is probably a"hang over" from the discussion that they had at length with staff regarding the 70th requirement. Mr. Specht said their position was at the time that 70'h did not need to be improved now. It would place a hardship on the homes on the west side of 70th and this was really the reason why this whole process took a hiatus. They worked with the City over a period of many months to reach resolution on this item. As the sponsor of this LID,Mr. Specht said they do not have any hard and fast position with regard to Baylor Street. If the City Council chose to modify the recommendation,they could support that. Mr. Specht said he wanted to address the use of the words "clear cut." When they acquired 8 or 10 parcels, they also acquired 6 homes. Many of those homes were in terrible condition. They took all of the homes down and they also removed the trees on the site between 69th and 70th. Their intention at the time was to surface park this area. As the project evolved,they decided a structured parking garage between 68th and 69th would better serve the project. Their intention is to market the land between 69 h and 70th for higher- density housing,which is allowed under the MUE Code. Mayor Dirksen said this Council would support that. Mr. Specht clarified there is no timetable for this type of development,given what isgoing on in the housing market today. 9:20:24 PM Mayor Dirksen asked about payment of an LID assessment. If the City was to go forward with the current timeline,when would payments begin to be due and over what period of time could they be paid? City Engineer Duenas said he believes this would be a 10-year LID. He said the first LID was 20 years; however,when City Manager Prosser was Finance Director,he advised this was no longer advantageous for the City. City Engineer Duenas said that after the improvements are completed and accepted and the methods of assessment are approved by the City Council,a schedule would be set up for repayment. Mayor Dirksen asked if there was a process for individual property owners to appeal for a variance for a longer time period to repay or would it be possible to require that repayment only when properties are ready to redevelop. City Engineer Duenas did not think this was possible. When an LID is formed the assessments have to be assigned and paid. City Engineer Duenas acknowledged he agreed with Councilor Buehner that another neighborhood meeting should have been held considering the lag in time. Councilor Sherwood asked if there was any way to leave off the two properties in question: Coon/Olsen and Solarie? City Engineer Duenas advised the Solarie property is in the middle and must be part of the LID. City Engineer Duenas said he thinks Mr. Specht was correct that some of the properties were included in the district as a hold over from when the LID was first discussed. He agreed that these properties could wait until there is development. Councilor Buchner asked if the boundaries are changed to take the half-street improvement out on Baylor, would that significantly change the numbers? City Engineer Duenas said the total cost would be reduced. The improvement on 69"would kept to a full street improvement up to where it intersects with Baylor. 9:24:47 PM Councilor Buehner recommended that the half-street improvement for Baylor Street be eliminated from the proposed LID district,but still include the improvement along 69th. Councilor Wilson said he would support Councilor Buehner's suggestion as a minimum. He noted he was sympathetic to those who find themselves in a bind;however, on the other hand,if you had to have TIGARD CITY COUNCIL/LCRB/CODA MINUTES — January 22, 2008 City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 1 503-639-4171 1 www.tigard-or.gov I Page 18 of 22 unanimous agreement on everything,you would not do an LID. There are few situations that are more appropriate for an LID than this. The area is clearly in transition from housing to other uses and it has been planned this way since the Tigard Triangle was first implemented. He added that none of the properties are owner-occupied properties. He said he wished there was a way to mitigate the impacts on people who will have a financial burden because of this. 9:26:28 PM Mayor Dirksen said he concurred with Councilor Buehner's recommendation that the half-street improvement on Baylor be removed, the boundary redrawn,and the assessment recalculated. This means that the City Council will need to consider this again. In the meantime,he encouraged development staff to engage with the City finance staff to determine if there is some method of mitigation for properties that are not actively under redevelopment and how that short-term burden could be distributed out to a point when there is development on that property. Councilor Sherwood commented that this might be patterned after how we do the sewer reimbursement districts. Mayor Dirksen said properties that are not benefiting now will benefit eventually;therefore,it would be appropriate to pay their share when redevelopment occurs. The question is what can be done in the meantime. Mayor Dirksen said this is a relatively small portion; perhaps, the City could pick up the note with repayment upon redevelopment. 9:28:13 PM Councilor Sherwood noted her concern for setting a precedent. Mayor Dirksen said it thinks it would be fair to consider on a case-by-case basis. He said he saw no need to create a standard policy that would always be in effect. Councilor Buchner referred to Councilor Wilson's statement that this area has been zoned for redevelopment for a number of years. She said she would have a lot of sympathy with property owners who owned property within this area prior to the imposition of this zoning. Anyone who bought property after the change of zoning would have known it was zoned for redevelopment and, therefore, took title with some understanding that things like this were likely to come up. She said she has less sympathy with someone who has bought property since the current zoning was imposed. John Kearney said he had a couple of questions regarding the timing of the finance period. He said ten years seems incredibly short. He said his property would be assessed$150 per month per unit,which will now cost them$25,000 in sales price per unit. This means that$175,000 will be lost to them. He agreed that they bought the property in an MUE zone,but the person who sold it to them transferred the commercial rights away from the property, so all they can have there is residential. City Engineer Duenas said he is not aware of the specific situation on Mr. Kearney's property. He said he knew it was determined to be kept in more of a natural state. City Engineer Duenas advised that if the improvement is not done on Dartmouth at this time,the street will not line up and this was why it was decided to include this as part of this LID. Mr. Kearney asked if there would be an opportunity for them to do the improvements themselves and"pay maybe$60,000 rather than paying an exorbitant$125,000 to get the same result? Or is there some kind of a permitting fee that you guys can reduce our permits along the way to help absorb some of the$125,000?" City Engineer Duenas suggested it might be possible if they construct it according to the plans as designed. Mayor Dirksen suggested this is something that could be discussed offline. Councilor Wilson said he thinks it is reasonable for someone to challenge the methodology of the assessment. Mr. Kearney advised they are not being charged for the sewer because they have already paid to have the sewer run all the way around the perimeter. They have already done that with the sidewalk and TIGARD CITY COUNCIL/LCRB/CCDA MINUTES —januall 22, 2008 City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 1 503-639-4171 1 www.tigard-or.gov I Page 19 of 22 now they will have to bring the Dartmouth side a little bit further north,but nothing will be touched on 69''' or 70". Mayor Dirksen said that Councilor Wilson made a good point. Right now,it is just being assessed based on square footage or frontage;perhaps,there is an option to weigh the assessment based on relative benefit. Councilor Buchner said it seems that a lot of"off-line"work needs to get done on this proposal and suggested there be a motion to continue the public hearing. City Attorney Ramis advised what he thought would be useful to include in the motion to continue the hearing. Councilor Buchner noted during the continuance that staff would be looking at taking Baylor Street out at a minimum. Secondly, she noted there was a comment from the Mayor that staff needs to look at financing options.Thirdly, she said she thought there was discussion about Mr. Kearney's property as to whether the methodology for allocating the fees might need to be amended. Mayor Dirksen noted that adjusting the methodology for assessment might be a way to achieve the financial issue. City Engineer Duenas said the continuance time period will give an opportunity to hold a neighborhood meeting. Motion by Councilor Buchner, seconded by Councilor Sherwood,to continue this hearing until February 26,2008,with direction for the three areas as she just outlined to be reviewed by staff and to have a neighborhood meeting with the affected property owners. Mayor Dirksen clarified that the public hearing would be held open so people would have an opportunity to testify or send in written comments. The motion was approved by a unanimous vote of Council present. Mayor Dirksen Yes Councilor Buchner Yes Councilor Wilson Yes Councilor Sherwood Yes 9:36:44 PM Councilor Buchner left the meeting. 8. FOURTH QUARTER UPDATE OF THE PROGRESS ON 2007 CITY COUNCIL GOALS Assistant City Manager Newton presented the staff report and referred to the update presented to the City Council in their meeting packet. This information is on file with the City Recorder. 9:39:21 PM Mayor Dirksen noted that this was represented good work on the part of staff. Councilor Sherwood added that staff has been doing an"awesome job." 9:40:03 PM 9. ADOPT 2008 CITY COUNCIL GOALS Mayor Dirksen presented and reviewed the Council goals for 2008;a copy is attached to these minutes. He noted that the city's boards and commissions were invited to forward their ideas to the City Council for 2008 TIGARD CITY COUNCIL/LCRB/CCDA MINUTES —January 22, 2008 City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 1 503-639-4171 1 www.tigard-or.gov I Page 20 of 22 goals. Councilor Sherwood noted that several of the 2008 Council goals were suggested by the citizen board and committee members. Councilor Wilson noted that it was unfortunate that only three of the five City Council members were present to vote on the goals;however,he thinks the goals as stated represent the entire City Council members'goals. Motion by Councilor Wilson, seconded by Councilor Sherwood,to adopt the 2008 Council goals. The motion was approved by a unanimous vote of Council present. Mayor Dirksen Yes Councilor Wilson Yes Councilor Sherwood Yes Assistant City Manager Newton advised that the Council goals will be available on the website under the City Council link as early as tomorrow. 10. COUNCIL LIAISON REPORTS: None 11. NON-AGENDA ITEMS 9:48:09 PM Councilor Sherwood announced that next Wednesday morning Qanuary 30) at 10 a.m.,Project Homeless Connect will happen at Tualatin Hills Park and Recreation at the corner of Walker Road and 158``'Avenue. This will be an opportunity for homeless people to get services. There will people there offering housing, medical care,eye exams,glasses, food boxes,sleeping bags,a place for showers,and hair cuts. She invited the City Council members to attend. She referenced the current cold weather and advised that Calvin Presbyterian Church will be opening up their facility tomorrow night for peopleto sleep in their church. 12. EXECUTIVE SESSION:Not held. 9:50:07 PM 13. ADJOURNMENT Motion by Councilor Wilson, seconded by Councilor Sherwood,to adjourn the meeting. The motion was approved by a unanimous vote of Council present. Mayor Dirksen Yes Councilor Wilson Yes Councilor Sherwood Yes Com- atherine Wheatley, City Recorder Attest: Ma or it�y lof Tigard _ 7 Date: .Q Q-0 3 I:\ADM\Cathy\CCM\2008\080122minutes fmal.doc TIGARD CITY COUNCIL/LCRB/CCDA MINUTES -January 22, 2008 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 1 503-639-4171 1 www.tigard-or.gov IPage2lof22 Attachment to the January 22, 2008 City Council minutes. City of Tigard - 2008 Tigard City Council Goals January 4th the City Council met to set itsgoals for the comingyear These goals represent those items that the Council feels deserve special attention in the months ahead. The City will accomplish much more than what is listed here, but we identij these to be of particular importance to our residents. 1. Pursue opportunities to reduce traffic congestion in Tigard. • Pursue immediate low-cost projects to improve traffic flow. • Explore light rail on 99W. • Promote an access control study of 99W. • Support the I-5/99W connector project. • Continue state and regional advocacy for transportation improvements in Tigard. 2. Complete the update and begin the implementation of the Comprehensive Plan. 3. Implement the Downtown Urban Renewal Plan. • Prioritize and begin implementing tasks identified in the development strategy for downtown. 4. Promote and honor good citizenship in Tigard. • Recognize good citizenship by individuals and groups. • Build youth involvement programs. • Support the neighborhood program. 5. Explore the possibility of placing a parks and greenspaces bond on the ballot in 2010. 6. Make a decision on Tigard's long-range water source(s). IAADM\Council Goals-2008\2008 Council Goals-Final.doc TIGARD CITY COUNCIL/LCRB/CCDA MINUTES — lanuary 22, 2008 City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 1 503-639-4171 1 www.tigard-or.gov I Page 22 of 22