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City Council Minutes - 02/05/2008 Agenda Item No. 5- 1,c For Agenda of q, 19 City of Tigard Tigard Special Meeting — Minutes TIGARD CITY COUNCIL MEETING DATE AND TIME: February 5, 2008— 6:30 p.m. MEETING LOCATION: City of Tigard—Town Hall, 13125 SW Hall Blvd.,Tigard, OR 97223 6:31:15 PM 1.1 Mayor Dirksen called the meeting to order at 6:31 p.m. 1.2 Deputy Recorder Krager called the roll. Present Absent Councilor Buehner ✓ Councilor Sherwood ✓ Councilor Wilson ✓ Councilor Woodruff ✓ Mayor Dirksen ✓ 1.3 Pledge of Allegiance 1.4 Council Communications&Liaison Reports: Councilor Sherwood said she would report on an item at the end of the meeting. 1.5 Call to Council and Staff for Non-Agenda Items: City Manager Prosser noted that a discussion on the latest Major Streets Transportation Improvement Program (MSTIP) has been added to the end of the agenda. > CITIZEN COMMUNICATION—None 2. LEGISLATIVE PUBLIC HEARING - COMPREHENSIVE PLAN AMENDMENT CPA2007-00005 — UPDATE THE GOALS,POLICIES AND RECOMMENDED ACTION MEASURES PERTAINING TO STATEWIDE PLANNING GOAL 1: CITIZEN INVOLVEMENT City Attorney Phillips read the rules of procedure for public hearings. Mayor Dirksen opened the Public Hearing. 6:36:49 PM He asked if any Council member wished to declare or discuss a conflict of interest or abstention. There was none. He asked for the staff report. TIGARD CITY COUNCIL AGENDA— February 5, 2008 City of Tigard 13125 SW Hall Blvd.,Tigard, OR 97223 1 503-639-4171 1 www.tigard-or.gov I Page 1 of8 Assistant Planner Daniels gave the staff report and said this amendment would update Statewide Planning Goal 1 with goals, policies and recommended action measures relating to Citizen Involvement. She said the Tigard Beyond Tomorrow visioning process and most recently completed community surveys were the building blocks used to put this policy together. She said, unlike other Comprehensive Plan chapters brought before the Council, this section was not included in the Tigard 2007 resource document so background information and key findings are included at the front of the chapter. Assistant Planner Daniels described the schedule and process used,which included a Planning Commission public hearing and Council workshop meeting. She said it was a unique opportunity for the Policy Interest Team and Citizen Involvement Team to work together. She said the State's Citizen Involvement Advisory Council had an opportunity to review this and their comments are available in the staff report. She said the first goal in this chapter focused mainly on citizeninvolvement and land use to ensure that all citizens have an opportunity to participate in every phase of the planning process. She said the second goal ensures that citizens have access to information and opportunities to communicate with city staff,elected and appointed officials. She said that by adopting this new comprehensive plan chapter the City is signaling its commitment to involving citizens in all aspects of city government. Mayor Dirksen said that no one had signed up to speak. He asked if there was anyone in the audience who wanted to testify either for or against the proposed changes to this comprehensive plan chapter. Rex Caffall, 13205 SW Village Glen Drive, Tigard, OR 97223, said he was a member of both the Committee for Citizen Involvement and the Planning Commission. He said he agrees wholeheartedly with the report and hopes for more citizen involvement. There being no further public testimony,Mayor Dirksen asked for the staff recommendation. Assistant Planner Daniels said staff has found that the language in the Amendment complies with applicable State land use goals,the City's Municipal Code and Comprehensive Plan,as well as federal,state and regional plans and regulations. She said staff recommends the Planning Commission's recommendation to adopt Comprehensive Plan Amendment 2007-00005. Mayor Dirksen asked for Council comments. Councilor Woodruff said there is no question that Council is very supportive of encouraging communication with citizens, but he had one suggestion to improve the language. He said ways in which the City communicates with citizens are discussed but he suggested being more specific that the City values getting information back from citizens. He said the City encourages feedback regarding City services and plans, through means such as having comment cards available at City offices and public meetings, and by providing opportunities for dialog at Fifth Tuesday meetings. He proposed that Goal 1.2.A. become Goal 1.2, and 1.23. become Goal 1.3 which would describe how citizen feedback comes to the City. Councilor Sherwood questioned whether Fifth Tuesday meetings should be listed in the Comprehensive Plan because that might change from Council to Council. Councilor Wilson said that would be more of an Action Measure. City Manager Prosser suggested that the goal as written addresses the issue but asked about inserting language in the policies to address Councilor Woodruff's concerns. He suggested the wording, "The City shall provide opportunities for citizens to provide feedback to City Council and staff, boards and commissions on issues before them. The city shall use a variety of means such as comment cards,Internet, and Fifth Tuesdays to gather feedback from citizens." Councilor Woodruff said this would be better but still wanted Goal 1.2 to speak to communication going both ways. TIGARD CITY COUNCIL AGENDA— February 5, 2008 City of Tigard 13125 SW Hall Blvd.,Tigard, OR 97223 1 503-639-4171 www.tigard-or.gov I Page 2 of8 Assistant Planner Daniels said they were combined because there were policies and action measures applying to both. Councilor Woodruff said, "Most of those action measures apply to the first goal of giving information to the public. There would be a couple of them that could fit under getting information back from the public." He said the more it can be emphasized that the City wants information to come back,the better. Councilor Wilson agreed and said. "The thing that is difficult to get at is what the average citizen wants. What are their concerns?" Assistant Community Development Director Bunch said there was an opportunity here to raise the status of the need to have citizens communicate directly to the City,Council,boards,commissions and staff. To keep with the format he recommended a goal that reads, "Ensure all citizens have opportunities to communicate directly to the City and also to receive information,in an understandable form, on issues that concern them." Councilor Woodruff said he could live with that suggestion if the communication from citizens is listed as the first goal and the phrase about the City providing information to the public is second. 6:56:02 PM Assistant Community Development Director Bunch suggested wording for Goal A, "Ensure all citizens have opportunities to communicate directly to the City. And then B: Ensure citizens have an opportunity to receive information on issues from the City in understandable form. And the policy would say the City shall provide opportunities for citizens to communicate directly to the City Council,boards,commissions and staff regarding issues that concern them." 6:56:37 PM Council all agreed on using Mr.Bunch's proposed wording. Councilor Sherwood moved to accept the addition to Goal 1.2. Councilor Wilson seconded the motion. Councilor Woodruff asked if they would need to see it again. Mayor Dirksen asked, "If we agree to specific language right now, then it can be included and we don't need to bring it back before us again, do we?" City Attorney Phillips said,"It's my understanding that all of this is going to come back before you again eventually." City Manager Prosser said,"We're adopting each chapter as we go." Assistant Community Development Director Bunch commented that he had discussed with City Attorney Ramis the need to incorporate all the legislative findings into one package at the end of the process.Attorney Phillips said that was her understanding from Mr.Ramis. She said"He did have a few issues that he was going to deal with,with Mr.Bunch. But it was my understanding that it would come back as Mr. Bunch said." City Manager Prosser said the issue was if Council is clear enough on the language encompassed in the amendment to feel comfortable that it will be incorporated in the Ordinance. He said if there is that level of comfort then they could move forward with approving the Ordinance as amended. 6:59:46 PM Mayor Dirksen said,"I heard specific language and that's what I would expect it would come back. Councilor Sherwood said she made the motion which was seconded by Councilor Wilson for this addition to go in. Mayor Dirksen called for a vote on the amendment. The amendment passed unanimously. He asked Council if there was any other discussion to be held before he closed the Public Hearing. TIGARD CITY COUNCIL AGENDA— February 5, 2008 City of Tigard 13125 SW Hall Blvd.,Tigard, OR 97223 1 503-639-4171 1 www.dgard-or.gov Page 3 of8 Mayor Dirksen closed the Public Hearing at 7:00 p.m. 7:01:05 PM Councilor Sherwood moved for adoption of Ordinance No. 08-01, with Exhibit A, as amended. Councilor Woodruff seconded the motion. Deputy Recorder Ktager read the Ordinance and conducted a roll call vote of Council. The Ordinance passed unanimously by a vote of all Council present. Yes No Councilor Buehner Absent Councilor Sherwood ✓ Councilor Wilson ✓ Councilor Woodruff ✓ Mayor Dirksen ✓ 3. LEGISLATIVE PUBLIC HEARING — COMPRHENSIVE PLAN CPA2007-00006 — UPDATE THE GOALS, POLICIES, AND RECOMMENDED ACTION MEASURES PERTAINING TO STATEWIDE PLANNING GOAL 9: ECONOMIC DEVELOPMENT AND GOAL 10: HOUSING REQUEST: Requesting approval of a Comprehensive Plan Amendment to amend the current Comprehensive Plan Topics 9: Economy and 10: Housing by updating the Goals, Policies, and Recommended Action Measures to reflect current community conditions and values. The complete text of the proposed Amendment can be viewed on the City's website at http://www.tigard-or.gov/code— amendments. LOCATION: Citywide. ZONE: Citywide. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.380 and 18.390; Comprehensive Plan Topics 1, 2, 5, 6, 8, and 11;and Statewide Planning Goals 1,2,9, 10, 12 and 13. Mayor Dirksen opened the Public Hearing 7:02:50 PM City Attorney Phillips stated for the record that the procedures were recited prior to the other Public Hearing and were still in effect. Mayor Dirksen asked if any Council member wished to declare or discuss a conflict of interest or abstention. Councilor Sherwood said she works in the housing industry and has worked with several people who may be testifying. City Manager Prosser said City Attorney Phillips advised him that since this is a Legislative Public Hearing this is not a conflict. 7:02:58 PM 7:03:44 PM Associate Planner Farrelly gave the staff report and noted that Council reviewed the Planning Commission's recommendations and requested an additional action measure during a workshop meeting. He said Attachment 1 details the changes in three key findings and one policy as well as proposed language for the additional recommended action measure. He said that these chapters will be the basis to provide adequate opportunities for a variety of economic activities vital to Tigard's health, wealth and prosperity. He said they will provide the opportunity for adequate housing for the community and protect residential livability. Mayor Dirksen opened the Hearing for Public Testimony. He noted that no one signed up to speak and he asked if anyone in the audience wanted to provide testimony. He noted that the two chapters are being considered together so anyone could testify on either or both proposed amendments at the same time. TIGARD CITY COUNCIL AGENDA— February 5, 2008 City of Tigard 13125 SW Hall Blvd.,Tigard,OR 97223 1 503-639-4171 1 www.tigard-or.gov Page 4 of8 7:07:05 PM Sheila.Fink, 6777 SW Alden, Garden Home, OR 97223, said she works with CPAH (Community Partners for Affordable Housing) based in Tigard. She said, "We are very impressed with what a small city like Tigard has been able to do to make a difference over the past decade on this issue. We think economy and housing are integrally linked and we see that every day when we see the number of cars that are congested on 217, Pacific Highway, Greenberg Road and other arterials because a lot of people who work here still can't afford to live here." She encouraged Tigard to do anything it can as a city to further take action measures linking the needs of the workforce with housing that can fit it. She said, "We certainly appreciate your actions. We know you have done that in the past in a very concrete way and it's been an inspiration to other small cities in Washington County." She thanked staff for attending a recent Chamber of Commerce meeting because she said a lot of small businesses struggle with workforce housing and it was a good way to link these things for them. She said they could see there were steps that could be taken to make a difference. Councilor Sherwood said that she requested that the City decline to adopt the affordable housing goal that Metro had set because Tigard had already had met it. Mayor Dirksen asked if anyone else wanted to testify on the issues of Housing or Economic Development. No one asked to speak. Mayor Dirksen asked staff for their recommendation. Associate Planner Farrelly said staff has found that the language included in the amendment complies with applicable State Land Use Goals, the City's Municipal Code and Comprehensive Plan polices as well as federal, state and regional plans and regulations. He said staff recommended adopting the language forwarded by the Planning Commission with the alternative language found in Attachment 1 that addresses the Council workshop discussion. Mayor Dirksen asked if Council had any questions. Councilor Wilson asked if Exhibit A already had the updated language. Associate Planner Farrelly said it did not;the Council Workshop changes were included in Attachment 1. He said Exhibit D explained changes recommended by Planning Commission which have been incorporated into Exhibit A,and Attachment 1 reflects what was discussed at Council Workshop meeting. City Manager Prosser clarified procedures saying if Council wants to move forward with the changes in the memo, a motion would be required to amend Exhibit A to include Attachment 1, and then when adopting the Ordinance with Exhibit A and any other amendments,they would be incorporated. Councilor Woodruff asked why income information was not more current than 2003. Assistant Community Development Director Bunch said staff relies on census data. Associate Planner Farrelly said this is updated every five years and will be updated again in 2008. Councilor Wilson asked about Goal 6 on page 9-5 and said there are so many different kinds of businesses and to evaluate them solely in terms of employees per acre is simplistic. He suggested removing the words, "to gain higher numbers of employers per acre." He said many types of businesses are needed for an urban area to function including distribution centers where there may be large acreage needed but fewer employees. Mayor Dirksen asked staff for their input on Councilor Wilson's suggestion. Associate Planner Farrelly agreed that increasing the number of employers per acre is not the main goal and what is wanted is more efficient use of land. Mayor Dirksen asked what Goal 9.1,Policy 3 on page 9-4 meant. Associate Planner Farrelly said it came from a citizen comment that the policy saying the City should be flexible was overly concerned about economics and not concerned about other community interests. He said, "The way we satisfied that citizen was adding the infrastructure part at the end." He said what they meant was that the City should be flexible and adaptive so as TIGARD CITY COUNCIL AGENDA— FebruarV 5, 2008 City of Tigard 13125 SW Hall Blvd.,Tigard, OR 97223 1 503-639-4171 www.tigard-or.gov I Page g of8 not to preclude economic development, as long as there is planned and existing infrastructure available. He asked if this answered Council's questions. Councilor Wilson said that it did not. Mayor Dirksen moved to add"so as not to preclude desirable economic opportunities that are compatible with existing or reasonably achievable infrastructure." Councilor Sherwood seconded the motion. Councilor Wilson said the language needed to be stronger. He said it would be easy to up-zone and allow density. He said, "The Washington Square Regional Center requires$200 million dollars of infrastructure and there is no means to finance that. I think you have to be responsible in your planning to allow things to happen only at a pace that can be supported." He suggested the words,"promote desirable economic development." Assistant Community Development Director Bunch said the key objective is to get the desired economic development opportunities but not overrun the City's infrastructure capabilities. He suggested the following replacement language for Policy 3, "The City's land use and regulatory practices shall be flexible and adaptive to promote economic development opportunities provided required infrastructure is made available." Mayor Dirksen withdrew his motion and asked Councilor Sherwood if she withdrew her second to that motion. Councilor Sherwood said she did. Mayor Dirksen made a new motion to include amended language as recommended by Mr. Bunch. Councilor Sherwood seconded and the motion passed unanimously by all Council present. Yes No Councilor Buehner-Absent Councilor Sherwood ✓ Councilor Wilson ✓ Councilor Woodruff ✓ Mayor Dirksen ✓ Mayor Dirksen asked for any further discussion prior to a vote on the Ordinance. Mayor Dirksen closed the Public Hearing 7:31:11 PM Councilor Wilson moved for adoption of Ordinance 08-02 with Exhibit A amended by Attachment 1 and by Council discussion tonight. Councilor Woodruff seconded the motion. Deputy Recorder Kragen read the title and number of the Ordinance and took a roll call vote. Yes No Councilor Buehner-Absent Councilor Sherwood ✓ Councilor Wilson ✓ Councilor Woodruff ✓ Mayor Dirksen ✓ The motion passed unanimously by all Council present TIGARD CITY COUNCIL AGENDA— February 5, 2008 City of Tigard 13125 SW Hall Blvd.,Tigard,OR 97223 503-639-4171 1 www.tigard-or.gov Page 6 of8 4. 7:36:06 PM DISCUSSION OF PROPOSED MAJOR STREETS TRANSPORTATION IMPROVEMENT PLAN (MSTIP) 4 AND UPDATED TRAFFIC IMPACT FEE (TIF)/SYSTEM DEVELOPMENT CHARGES (SDC) Engineer Duenas gave the staff report. He said the Washington County Coordinating Committee is proposing two ballot measures. He said an update of the Traffic Impact Fee (TIF) with an added System Development Charge (SDC) will be on the ballot in May. The other is a continuation of the Major Streets Transportation Improvement Program and will be known as MSTIP 4. Engineer Duenas said the County and Coordinating Committee have narrowed it down to two options. He said one option is to keep the existing TIF and then pass an additional SDC, and the other option is to rework the existing TIF to comply with current SDC law but have it voted on for adoption as a tax. He said there are complicating factors and a short time frame so he expected a lot of discussion on this at the February 11, 2008 Washington County Coordinating Committee meeting. Councilor Wilson asked how TIF's are collected and if the City collects them and then passes them to the County. Engineer Duenas said the City keeps the money collected but it needs to be expended on improvements to capacity collectors. Councilor Wilson questioned why Areas 63 &64 TIF's would be collected by County but not spent here on the impact they create for Tigard. Mayor Dirksen said unincorporated area TIF's are collected by Washington County but can be spent anywhere in the system if the County recognizes that certain areas are affected. He said that typically these projects would be brought before the WCCC so allrepresentatives have an opportunity to weigh in before these funds are allocated. Engineer Duenas said the current TIF only covers 20% of the costs of development and the direction from the County and City leaders is to double the TIF collections. He said this does not preclude cities from having their own TIF's. He said MSTIP 4 project requests for a 200%list had been revised and Tigard projects remaining on the revised list include Walnut Street improvements from 116 h to Highway 99W, 72nd Avenue in the Tigard Triangle, and the realignment of the Hunziker, Scoffins &Hall intersections. Engineer Duenas said because of his and other city's input the MSTIP4 rankings have been updated. He said each jurisdiction gets to pick their top two projects and then some money is taken for bike/pedestrian and county road improvements. He said the remainder is used for major system-wide projects that benefit the entire system. He referred to the project list distributed to Council and said two Walnut Street projects in Tigard made the cutoff. He felt this was positive because future development can help pay for 72nd Street improvements but Walnut Street probably couldn't get development funding. He noted that this list was not final and some cuts would still be made. Mayor Dirksen noted that Scholls Ferry Road signal coordination remains on the list and while it was not submitted by the City,Tigard will benefit. Mayor Dirksen said he was not in agreement with the criteria but is interested in the opinions of Council and asked for their feedback so he could carry back their comments to the February 11d' WCCC meeting. Councilor Sherwood said if no projects in the Measure would benefit Tigard she would not support it. Councilor Wilson said he would prefer that all available funds not be put on the Walnut Street projects,noting that he has never seen a traffic jam on Walnut and other streets needed to be done too. Engineer Duenas said TIGARD CITY COUNCIL AGENDA— February 5, 2008 City of Tigard 13125 SW Hall Blvd.,Tigard, OR 97223 1 503-639-4171 www.tigard-or.gov Page 7of8 it will be interesting to see what happens when the Murray Boulevard extension opens. He said traffic counts will be conducted before and after but he anticipates there will be more traffic on Walnut and Gaarde after the extension is opened. Mayor Dirksen said this project ranked highly not because of congestion but because of safety. Councilor Sherwood said she gets many complaints from people using that street. Engineer Duenas said Walnut Street has two separate segments with two scopes. He said rights of way had been purchased already for the Tiedeman to 99W segment. He also said flashing lights near Fowler Middle School would be installed which only flash during certain parts of the day allowing traffic to move more freely at other times. Councilor Sherwood noted that this would include more sidewalks as well. Mayor Dirksen said 72nd Avenue has greater priority for him and is a county-wide issue. He thanked Engineer Duenas for the update. NON-AGENDA ITEMS - Councilor Sherwood said the Community Development Block Grant (CDBG) committee met to review project applications. She said unfortunately, because of the way the ratings were set up, funding is not assured if a project has already started. Because of this the Tigard Senior Center came in fourth on the list. She also mentioned that President Bush is looking to reduce the CDBG program by half. Councilor Woodruff thanked Assistant City Manager Newton and staff who coordinated the Neighborhood Network Open House. City Manager Prosser said the open house was well attended and was a success. Councilor Woodruff moved for adjournment at 8:05 p.m. Councilor Sherwood seconded the motion and all voted in favor. Yes No Councilor Buehner-Absent Councilor Sherwood ✓ Councilor Wilson ✓ Councilor Woodruff ✓ Mayor Dirksen ✓ Carol A. Krager, Deputy City Recor er Attest: 4 NYN—y-o7, City of Tigar Date: Ap! ?�� oe) I:\ADM\Cathy\CCA\2008\080205 special.doc TIGARD CITY COUNCIL AGENDA— February 5, 2008 City of Tigard 13125 SW Hall Blvd.,Tigard,OR 97223 1 503-639-4171 www.tigard-or.gov Page 8 of8