City Council Minutes - 02/26/2008 Agenda Item No.
Meeting of
City of Tigard
Tigard Business Meeting Minutes
. ......................
TIGARD CITY COUNCIL
LOCAL CONTRACT REVIEW BOARD (LCRB)
MEETING DATE/TIME: February 26, 22008/6:30 p.m. Study Session and 7:30 p.m. Business Meedng
MEETING LOCATION: City of Tigard —Town Hall, 13)125 SW Hall Blvd., Tigard, OR 97223
• STUDY SESSION
Mayor Dirksen called die Study Session to order at 6:30 p.m.
Council in attendance: Mayor Dirksen,Councilor Sherwood, Councilor Woodruff&Councilor Buehiier
Absent: Councilor Wilson
Staff 112 attendance: Con-imunity Development Director Coffee, Engineer Duenas, Assistant Comi-ninuity
Development Director Bunch, Risk Manager Mills, Deputy Recorder Krager, Associate Planrier Roberts (for
part of meeting)
Public:John Frewing
Senior Center and Programming Update—
Risk Manager Mills updated Council on die status of die Senior Center remodel. She showed photographs
of Loaves and Fishes serving meals at the Center for the first time since die second week in September.
She noted that duru'-ig die Senior Center remodel die meal program has operated out of the-American
Legion building. Cow-icilor Woodruff said the City should commend ffie American Legion for their
assistance.
Ms. Mills reviewed kitchen and dining room improvements and said it will now be much easier to snake
scratch foods with the new equipment. She said there is also a new cook whose menu includes fresh herbs
from die garden and will improve food taste and quality.
Risk Manager Mills said that for die first time,performance measures were developed when d-le lease
was renewed with Loaves and Fishes. She shared d-ie first performance measures report, noting that
numbers were down for seniors eatirigat the center but up overall due to Meals on Wheels delivered. She
said it would take awhile to rebuild prograin nuinbers. She noted a decrease in Asian and Hispanic
users, saying this was a concern for Loaves and Fishes drat will be addressed with targeted
outreach to these populations.
Ms. Mills s-,u*d educational programmu-ig and volunteer hours are expected to increase. She noted one
thing that did not work well was having only one person to direct daily operations as well as plan programs.
She said in response to this,Loaves &Fishes has hired part time programrning director. Other activities
and prograins at the Center will return by the end of March. There will be grand re-opening in April.
TIGARD CITY COUNCIL/LCRB AGENDA— February 2G, 2008
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Ms. Mills said Phase 2 of the remodel should begun this sumamer. She discussed the Conamurrity
Development Block Grant(CDBG) award which will pay for a new library in die front of the building and
a garden room and covered vestibule area in the back. She said there would be a deck off of die dining
room so seniors can also eat outside looking over the gieenway and gardens. She said dais will be an
attractive feature for room rental users as well.
)% Annual Review of Annexation Policy
Assistant Corrunuiuty Development Director Bunch gave dhe annual review of the CAM's annexation policy
and said staff is recons needing drat Council extend die current policy. I Ie said if Council concurs, staff
will prepare a resolution extending the current policy and associated incentives,which include waiving
annexation application fees and phhasuig-in of increased property taxes over a three-year period.
IVIS. Brunch recounted actions taken by staff to implement Resolution No. 07-13,which established policy to
guide City actions pertaining to annexation of unincorporated areas. He saki staff 1) Sent out annexation
invitation letters; 2) Contacted owners abutting or near the City limits who have expressed interest in the
past; and 3) updated web pages to contain a link to the annexation page,which has further links to the City
of Tigard's Resolution 07-13, Metro information on annexation and boundaty changes, Washington
County,and Oregon Revised Statues Chapter 222. I Ie said staff had originally plaruied to meet widl
neighborhoods or shall groups expressing interest in aruhexing to Tigard; however, there were no such
requests.
Assistant Conununity Development Director Bunch said these efforts did not result in as much annexation
activity as anticipated. Councilor Sherwood suggested that getting a few people started would influence
others in their neighborhood.
Mayor Dirksen said he expected more but did not expect a big rush. l�e said what the City has done with
this outreach effort is to inform people of Tigard's policy. I Ie said people may not wish to annex now, but
as their circumstances change they might consider annexation at a Iater date.
Councilor Woodruff recommended sending letters again noting that die City has extended last year's offer.
Mayor Dirksen agreed and requested that die letter just be a follow-up letter and not include all the details.
Councilor Buelhner asked if Tigard would be annexing to die center lilac on Beef Bend Road. City Manager
Prosser said they were. She also asked about transferring jurisdiction to Tigard froin Washington County
for Bull Mountain Road right-of-way to at least 135`x' Avenue. Engineer Duenas advised drat
full improvements on this street have not yet been made and questioned if the City wants to take this on.
Community Development Director Coffee said this could be considered ill the long range planning as part
of the Capital Improvement Plan. Mayor Dirksen suggested that Council would need to discuss dis at a
strategic planning session as they would need time to digest tis information.
i Oregon Iousing Alliance Membership
Associate Planner Roberts said that at a Council meeting last month, membership in the Housing Alliance
was discussed and questions were raised about their decision-making process that staff was not fully able to
respond to. He said he invited a representative to speak to Council and answer questions they may have as
they consider membership in this organization. He introduced Ain), Fauver, representing die Housing
Alliance.
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Ms. Fauver described the Housing Alliance as a statewide coalition of 62 cities, counties and non-profit
organizations whose primary goal is to increase state resources for affordable Dousing. She said it is a
modified consensus-based organization Widl each member having one vote. She said "modified
consensus" means that if an organization vetoes a proposal they have to agree to work in sorne format
with the organization that proposed it. She said this does not always produce a solution but it does stop
members from randomly vetoing filings. She said die Housing Alliance steering committee provides
recommendations for legislative items.
Councilor Woodruff asked if they participated in any activities not related to the legislature. IIs. Fauver said
they did not. In response to a question from Councilor Woodruff about whether most of their revenue
goes towards lobbying, she said the vast majority of the dues amount pays for lobbyists.
Councilor Sherwood reconnrnended joining the Housing Alliance, saying, "We have to be united to get
anything done with affordable housing."
Mayor Dirksen suggested that because this was a new rnernbership for Tigard, the City could offer a
percentage of the $500 requested dues for the first year and become a provisional member. Councilor
Buelaner said $500 was a very small and reasonable atnount. Councilor Woodruff concurred and Council
agreed to join the lousing Alliance.
i Amend Gas Tax Ordinance to Increase Collection Period—Community Development Department
City Engineer Duenas briefed Council on a proposed ordinance to increase dae collection period for the
City gas tax. Councilor Sherwood asked if die City had talked to ODOT saying, "'I'lhis is a State highway.
Tigard carne up with $5 million and is $1 million short. Is there any way you can help us?We're putting a
lot of money towards your intersection." Engineer Duenas said ODOT had not been contacted.
Councilor Sherwood noted that ODOT came up with an additional$500,000 for the Hall Boulevard
intersection.
Councilor Woodruff asked why dais is being done now. City Engineer Duenas said this was one of
Council's goals and die direction was to do it sooner rather dean later. Mayor Dirksen said another reason
to do it soon is that when the City goes for bonding for the project, the City needs to show up
front that there is a dedicated fluid source. City Manager Prosser said current projections are drat
Tigard will not raise the money needed in the current gas tax time frame so there is no way to get
bonding for the project as we are building it in two years but collecting money for five years.
Mayor Dirksen suggested writing a letter to the local area ODOT representative asking gena for assistance
outright. Conrrnnunity Development Director Coffee said Council has die options to try other
tongs before malting a decision on extending the gas tax.
Engineer Duenas said he would have a better idea of d1e actual cost of the design in April. Community
Development Director Coffee asked about die Highway Commission. Councilor Sherwood suggested
face-to-face meetings witi ODOT representatives as well. Council decided to talk to ODOT before going
ahead with the gas tax extension.
City Manager Prosser had some administrative items:
TIGARD CITY COUNCIL/LCRB AGENDA— February 26, 2008
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Tigard Chamber of Commerce is asking for nominations for their Shining Stars awards. Council said they
will nominate on an individual basis.
The City of Tualatin asked that Agenda Item No. 6 be pulled as the bridge cost is twice what they thought
it would be and they are not interesting un building it at this time.
Washington County is putting together an Urban and Rural Reserves Task Force which will include all city
mayors. Mayor Dirksen is unable to attend dies meetings. Councilor Buelhner will attend for hire and
asked to be placed on the e-mail list for meeting renhinders.
Metro President Bragdon and Councilors I iosticlul and Iarrington are able to meet with Tigard Council on
April 1,2008. City Manager Prosser asked if Council could attend and they allagreed they could.
Staff requested that Council schedule the first Tuesday in May for a Comprehensive Plan Workshop as the
regular April Workshop meeting will not be held (because Couuhcil will be attending a Joint meeting at Lake
Oswego on April 15,2008.) Councilagreed to this first Tuesday meeting in May.
Study Session recessed at 7:22 p.m.
• EXECUTIVE SESSION: Not held
7:30 PNI
1. BUSINESS MEETING 7:33:2513M
1.1 Mayor Dirksen called the City Council and Local Contract Review Board Meeting to order at 7:33 p.m.
1.2 Deputy Recorder Drager called the roll.
Munc Present Absent
Councilor Wilson ✓
Councilor Woodruff ✓
Mayor Dirksen ✓
Councilor Buchner ✓
Councilor Shetwood ✓
1.3 Pledge of Allegiance
1.4 Council Communications&Liaison Reports - None
1.5 Call to Council and Staff for Non-Agenda Items— City Manager Prosser said Agenda Item No. 6
was removed from the agenda at the request of the City of Tualatin.
2. CITIZEN COMMUNICATION
City Manager Prosser said the Chamber of Commerce representative was unable to attend but requested an
announcement be made that die Chamber is accepting nominations for Tigard Shining Stairs. F Ie said if anyone
is aware of a Tigard citizen who has made an extraordinary contribution to the coinhnunity they should contact
the Tigard Chamber of Conunerce to obtain a nomination form.
Citizen Cotmnunication — No one had signed up to speak on an item not on the agenda. Mike Stevenson
signed up but said he wanted to speak on Agenda Item No. 7.
TIGARD CITY COUNCIL/LCRB AGENDA— February 26, 2008
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Follow-up to Previous Citizen Communication -None.
3. CONSENT AGENDA: (Tigard City Council)
3.1 Approve Council Minutes for December 11,2007
3? Receive and File: Fifth Tuesday Meeting Notes from]anuary 29, 2008
33 Local Contract Review Board:
a. Award Contract for the Construction of City of Tigard Entryway Monuments to Zink Commercial
Contractors and Authorize the City Manager to Execute die Contract
Councilor Woodruff moved to approve the Consent Agenda. Councilor Sherwood seconded the motion and
all voted in favor.
4. UPDATE ON TIGARD YOUTH PROGRAMS
Police Officer Huiras introduced this agenda item which highlights the many programs provided by the City for
youth in die Tigard area. She said there were three City departments that provide youth serzrices: Library,Police
and Public Works.
Library Youd Services Supervisor Carlisle gave a synopsis of programs offered by the Tigard Public Library for
children of all ages—ranging from babies,who have sign language classes - to teenagers,who have their own
programs as well as t7e opportunity to volunteer at de library themselves.
Acting Parks and Facilities Manager Martin gave a presentation on what tie Public Works Department provides
for the City's youth,including playgrounds, softball,baseball and soccer fields,as well as open turf play areas
(wide grassy areas for kids to play in). I Ie said he receives more comments on the trails than any other feature
in Tigard's parks. Mr. Martin listed many jointly sponsored programs including soccer leagues,Little League,
July 4" Fireworks, Ioliday tree lighting, the Tigard Balloon Festival and the dog park Ialloween costume
contest.
Mayor Ditksen said he is a judge at the Halloween dog costume party and said it is a great event.
Officer Iuiras discussed the many programs offered by the Police Department for Tigard youth. She said die
Drug and Alcohol Resistance Education (D.A.R.E.) Program is in every public school plus two private schools
and has been ongoing for fifteen years. She said six weeks of free D.A.R.E. swiatner camp is made available to
fourth, fifth and sixth-grade students and is a great mentoring opportunity for high school and college-age
volunteers.
She mentioned a new prograrn called Tigard Organized Great Activities (T.O.G.A.)which gives students
structured activities, drily speakers and time for homework after school.She noted that research has shown
more lids become cruse victims between the hours of 3 and 8 p.m. than at any oder time of day.
Officer Huiras described the Tigard Peer Count which hears about 100 cases a year. She said this was a very
good education for die kids going through the program as well as an opportunity for students to volunteer. She
said Tigard has been t-uthnmg Peer Court since 1997 and has only a 2%re-offend rate. She said it gives students
a second chance instead of going to the traditional juvenile justice court.
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She also mentioned the Tigard Youth Advisory Council(TYAC) which is made up of im addle and high school
students. She said the TYAC puts on positive recreation activities for kids such as movie nights and
workshops. A program for middle school youth is the GREAT(Gang Resistance Education and Training)
Program taught by five Tigard police officers. Also offered are self-defense classes which are taught as part of
the Tigard High School health class curriculum.
Officer Huiiras said programs they would like to implement are mentoring programs for elementary,iniddle and
high school age children and a Big Brother—Big Sister Program for youth and adults who want to get involved
in mentomig youth. She said they would like to present monthly activities such as bowling, ski trips,movies,
pizza,laser tag,etc. Officer Huiras said there is always a waiting list for summer camps so they wound like to
have additional camps as wellas after-school programs. She said there is currently only one after-school
program (at Twality Middle School) and they would like to increase it to include all tie schools.
She said she had a few big dreams for the Eutu re which include working together with Tigard chuirches,
organizations,and businesses to build a Tigard Youth Coinmunity Center,
Councilor Buehner said she noticed that programs are focused at Tigard High but some residents attend
other high schools, such as Tualatin or Soudiridge. Officer I Iuiras said the TYAC works closely with Tualatin
YAC. Library Youth Services Supervisor Carlisle noted that some of their patrons come from these other
schools as well.
Councilor Sherwood thanl.ed them for their presentations. She thanked Officer I Iuiras for her tireless work
obtaining grants for these youth programs.
Councilor Woodruff noted that dhis Council meeting focused on programs for seniors in the Study Session and
now youth programs had been presented and he was glad there Tigard had offerings for all ages.
5. CONTINUATION (FROM JANUARY 22,200S) OF A PUBLIC IIEAR.ING FOR A PROPOSED LOCAL
IMPROVEMENT DISTRICT(LID)IN THE TIGARD TRIANGLE:AND CONSIDERATION OF AN
ORDINANCE TO FORM THE DISTRICT
Mayor Dirksen opened Public Hearing for the Tigard Triangle LID which was a Continuation of the Public
Healing from January 22,2008, at 8:01:35 PM
City Attorney Ramis asked if there were any declarations from Council or Challenges from the public about
Council's ability to hear this issue. There were none. Mayor Dirksen asked for die staff report.
City Engineer Duenas gave the staff report noting that the City Council conducted a Public Hearing on January
22, 2008 and directed staff to make some boundary revisions and changes. This staff report is on file in the City
Recorder's office. I Ie said it also gave staff an opportunity to hold a meeting With tie neighborhood to discuss
these revisions.
Engineer Duenas showed a PowerPoint presentation of the original LID Boundary map which involved more
lots. F Ie said the modifications eliminated the half street on Baylor,revised how sewer could be served to die
lots, and pulled back by 100 feet the boundary on 69"'Avenue. He said die Arnell property,which is under
developnhent now,was removed from the LID boundary because they will make die improvements including
the median on 68'x'Parkway. He said the preliminary engineer's report has been revised to reflect those
changes. He noted that part of the rationale for an emergency provision is to complete this project this year.
I ie said improvements include full street improvements, storm drains, sidewalks,curbs, street lighting and street
trees along the west side of 68`}', Dartmoudi Street to 100 feet of Clinton.
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Councilor Buchner asked what the original cost was. Engineer Duenas said the original estimate was $2.4
million dollars and it was reduced by$300,000.
Mayor Di:ksen opened d-ie hearing to public testimony.
TESTIMONY IN FAVOR:
Tun Roth, 12600 SW 72"J Avenue, #200,Tigard OR said he owns property in tie District as well as inside the
Tigard Triangle. He said he was speaking in favor of die LID but wanted to bring up some housecleaning
issues. He questioned why the engineering drawings show sewer laterals extending into two properties that
desired not to be included in the District. Engineer Duenas pointed out that there were no sewer laterals 'into
those properties and what Mr. Roth was looking at was storm drain lines. Nit. Rodi said he misinterpreted the
lines drawn on the Street and Utilities Improvement drawing.
Mi. Rodh brought up another point regarding the median which was part of the original LID in 1994. He said
68`x'has been developed over the years with several different development projects to the south of Dartmouth
and apparently there was not an opportunity to condition diose to include the median. He said he is encouraged
that City leadership has included die median design in this new LID and hoped there would bean opportunity
to extend this median all the way from Dartmouth to Hampton ii the future.
Mi. Roth referred to die PowerPoint slide shoving the new district boundary delineation. He pointed out a spot
near Duttnouth Street and 69"' showing a section previously improved with a development which included a
planter strip. I ie said the new LID design shows full sidewalks with tree grates,extending all die way to the
curb. He said the flaw is that this one section of street will have a small planter strip inconsistent With the rest
of the District. I Ie said he used this as an example diat when die City forms a local improvement district over a
large area,they should use dhis type of tool to get a complete and consistent street and sidewalk design.
TESTIMONY IN OPPOSITION:
8:17:28 PM Marzie Saluie, 19432 Wilderness Drive,West Lim, OR 97068 said she owned property Tax Lot
#7601 and is opposed to die cost. She said she would end up I'vidl most expensive piece of property and
cannot take on an additional$800 a month. She said if there was a way to lower die cost to property owners she
could support the development.
Mayor Dirksen said at the end of tie testimony Mr. Duenas would address ways to defer or reduce these costs.
I Ie said equitable costs are somedhing that should be considered.
NEUTRAL TESTIMONY:
Julie Wagar, 10160 SW Hillview Street,Tigard OR 97223 said she was representing her mother-in-law who
owns Tax Lot#2000 on 69"'Avenue and Baylor,which was removed from the original LID boundary. She
read a letter from her wlhich reads, "I atn Kaneko Wagar,owner of the Lot number TL2000 on Baylor Street. I
am here to support die proposed modified LID that would exclude die Baylor Street properties which include
my property at this time. We have owned die Baylor Street property for about 30 years and do not want to
develop it at this time. Until such a tithe as more of tze area is commercialized,die existing conditions of
Baylor Street more than meet the needs of the residential area. Exclusion from this LID is fair for die Baylor
Street residences and will save us froth beating tie expense of an improvement that would someday have to be
partially torn out and redone when a later full Baylor Street ni nprovernent does occur. Thank you for your
consideration." She said, "Now that we are pretty much cut out of die loop the don't have to worry too much,
anymore." Ms.Wagar commented that she was not notified of die February 6, 2008 meeting. Engineer
Duenas reiterated that only those affected by tie revised LID were notified. Attorney Ramis requested a copy
of her letter for die record.
TIG_ARD CITYYCOUNCIL/LCRB AGENDA— February 26, 2008
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John M. Kearney,2508 NE 24""Avenue, Portland, OR 97212 said he is a member manager ofDartinoud-i
Town homes LOC on Dartmouth between 69th and 70`x' said he viewed this in a few ways but was neutral. He
said he is all for beautifying the neighborhood. I Ie said that as a developer that would only help his property
values when they sell. But he said the street Wideiung is a problem. I Ie said their property was purchased a few
years ago fully unproved around die perimeter and now they are going to have to widen the street by eleven feet
to accointnodate more traffic. Most of that traffic will come from up die hill from Specht properties. I Ie said
they view this as their land is being taken from thein and they have to pay for it so someone else can benefit.
Ivll. Kearney said he had ideas on how to pay for this, one idea being that they, as developers,go ahead and take
care of this. But he said he read in the agenda that it will not be die case as City staff recon vended that they
not be allowed to do Oils. Yet someone else on 68th Avenue is a developer and they are allowed to take care of
it. He questioned the equality of this. Other ideas he suggested to help pay for the widening are the City's gas
tax,reducing property taxes for a ten-year period for any residential properties adversely affected by this LID.
He also suggested a use-based rather than just a linear or square footage-based way of paying for dis portion
because it does benefit the entire city,rather d7an just their property. Ile noted that they were required to take
part in a signalization study and wound up having to pay for 1-2% of the new signals going in on 68"'and 72"d
Streets. He said, "That is a fair way to determine who should pay for the street widening.Who's going to be
using it.
8:24:34 PNI John Coon&Many Olsen, 6940 SW Baylor,Tigard, OR Mi. Coon said they testified at the last
public hearing and Clanked Coumcil for tanning their corrunents into consideration. He said they recognize this is
a temporary delay and they'll have to face development in the future. I Ie noted that the specifications for die
Tigard Triangle were written prior to global warming concerns and he asked that Council consider keeping
flexibility in the plans to allow for more tree protection. He said that new growth trees will not fill in for the
removed old growth trees.
Mazy Olsen asked Engineer Duenas to queue up die PowerPoint to die aerial view slide. She said their lot still
has many trees and that is what tie area looked like before. She said she is very attached to the trees and
requested that the developers not fell diem. She said there were old-growth trees and if the new sidewalks
cannot be cutbed widhout removing them, she requested they at least not be not be felled by the technique used
recently. She said the developers cut Chem and let them drop which felt lilte an eardlquake and caused structural
damage to their home.
8:28:22 PM Mayor Dirksen said IVIS. Olsen brought up a good point and it could be a financial disadvantage to
developers if their felluig techniques did cause damage to her property.
I Ie asked if there was anyone else present who did not sign up but who wished to continent.
Todd Fillis, Sternberg Limited cannily Partnership on 9316 SW 12th Drive said his property was right in die
huddle of the Specht development. He said he had concerns about the project cost. He said if there was some
consideration that they could get a break on taxes or building fees because that would encourage Mein to get
their property developed. Councilor Shetwood asked if he was planning on developing. Mi. Fillis said they
were looking to develop but this LID really adds to that cost.
City Manager Prosser said that low cost financing can be made for LID assessments and this is one option
available. Mayor Dirksen asked if dere was an opportunity for deferment. City Manager Prosser said that we
can make low-cost financing available for assessments.The term of the period depends on the financial markets
and has been no more than ten}rears ii die recent past. I Ie said there is a program through die State
Department of Revenue for properties owned by seniors,where Che assessment is paid for the owner up until
the property changes hands.
_ TI_GA_ RD CITY C_O_UN_CIL/LCRB_AGENDA- February 26,_2008
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Mi. Fillis asked if permitting and development fees could be lowered as a way to encourage development.
Engineer Duenas pointed out that Mr. rillis can't develop without lha-d;hg server and their development would
be required to put ui sewer plus a half street extension. IIe said, "What flus does is provide an opportunity to
spread that cost among all the properties."
8:32:09 PM Mayor Dirksen asked if anyone else wanted to speak. No one did. IIe asked Engineer Duenas if
he had responses to any questions heard tonight. Mr. Duenas noted cost concerns were expressed. IIe said die
City needs to let the "chips fall where they may" concerning corning up with fair assessments based on that
nhetiodology. IIe said if Council wanted to do something over and above that they could. He said assessments
could be held off-until tie properties are developed but the City would end up paying. IIe said that when the
City uses a methodology they have to do so fairly and across the board and once tie true numbers,including
actual construction costs are known, then that discussion could be held.But ui die meantime, he advised, the
costs are based on estimates.
Mayor Dirksen said there could be an opportunity-when LID's are finalized for Council to make adjustments as
they see appropriate.
Councilor Shei%vood asked, "If that was done would there be alien placed on the property?" City Manager
Prosser said drat when die final assessment is spread,a lien is placed on die property. He said if Council
decides to subsidize any of the assessments, he presumes the general fund would be tapped to do that and an)'
Lien would be lowered by that atnou nt. I-Ie said there would be no way to recover the cost at that point.
Councilor Sherwood said she wanted to make sure Council understood that because there is sometimes an
expectation that there is a pool of money to draw from to do these diings but it doesn't pencil out.
Councilor Woodruff told staff he appreciated the work they did since die last public hearing. He said staff was
responsive to citizen concerns. He said it looked like a lot of work had been put into it to make sure it was as
fair as possible so the people drat will benefit die most from it will cover more of the costs. IIe noted that the
concerns expressed tonight were mostly about cost and that no one else was saying they-wanted to be removed
from the District. IIe said this had been on the agenda for a long tune and he reconunended moving ahead now
and talking later on about some of tie costs.
Mayor Dirksen complimented staff on their responsiveness to the public concerns and the level of flexibility
created to make this more equitable to everyone fiat will be impacted. IIe said, "We've all learned a couple of
lessons as a result of this process regarding public outreach drat will benefit us in die future."
Councilor Sherwood asked Engineer Duenas about the Dartmouth Town homes property and whether it has
been riled out that they cannot do die improvement themselves.
Engiricer Duenas said,"We decided they needed to be included in die LID because we don't have any leverage
otherwise to get them to do it. IIe said they signed a restrictive covenant that they-would participate in any
improvements to the streets." He said they bought die property knowing that the street-vas going to be
-widened at some point.
Councilor Buchner said, "The prior property owner already paid when Darthnoudi was-widened last tune.
Somehow it does not seem fair—the land is being taken away from thein and they're being asked to participate.
The point is that this street already had major improvements and it was in the purchase price.They're paying
twice at least for a portion of die development and we should at least discuss tis."
Mayor Dirksen said there is an opportunity to consider a different assessment based on land use racier than
square footage to reduce tie unpact on residential development. He said, "We could consider it now but that
-would delay die LID. We could also consider it at tie point the LID is finalized and look at the assessment
with tie real numbers." Councilor Buchner asked for this to be put on the agenda so it is not forgotten.
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Attorney Ramis remarked that With this action tonight Council would be adopting the formula With the
Ordinance. He said, "So what you would be considering in the future,when you have all die costs in,is really
whether the City is going to participate further. You wouldn't be considering shifting the costs to other
property owners at that tune. That issue is being decided tonight."
3:41:56 PM Mayor Dirksen closed the Public Hearing at 8:41 p.m.
He asked if there was any discussion by Council prior to their consideration of Ordinance No. 08-03.
Councilor Sherwood moved and Councilor Buchner seconded the motion to adopt Ordinance No. 08-03.
Mayor Dirksen asked Deputy Recorder Krager to read the number and title of die Ordinance.
ORDINANCE NO. 08-03
AN ORDINANCE CONFIRMING AND RATIFYING THE RESOLUTION OF THE CI"I'Y COUNCIL OF
DECEMBER 18,2007,AS A1VILNDED WITH RESPECT TO TIIE BOUNDARIES OF THE TIGARD
TRIANGLE LOCAL IMPROVEMENT DISTRICT(LID#1);DECLARING RESULTS OF THE HEARING
1-IELD WITI RESPECT TO TI-M, IMPROVEMENT,DETERIVI NING THE BENEFITED PROPERTIES TO BE
ASSESSED;ESTABLISHING TI IE DISTRICT;AND ORDERING THE MROVEMENTS TO BE MADE IN
CONFOR1b1ANCE WITH PLANS AND SPECIFICATIONS BEING PRE,PARE D FOR THE IMPROVEMENTS.
A roll call vote was taken and die ordinance passed unanimously by a vote of all Council present.
Name Yes No
Councilor Wilson Absent
Councilor Woodruff y
Mayor Dirlaen 5'
Councilor Buehner y
Comicilor Shetwood 3'
Item No. 6 has been removed from the agenda at die request of the Ciq of I'ualati n.
a. Staff litteeductiaii Publie Warks
7. 5:44:07 PNl CONSIDER A RESOLUTION OF NECESSI'T'Y FOR BURNI IAM STREET AND ASH
AVENUE IMPROVEMENTS
Mayor Dirksen asked for the staff report. Engineer Duenas said the City is moving ahead Xvidi the Burnham
Street project which has to be coordinated with the Fanno Creek Park and Plaza plan. He said the City is now
at the point where it needs to be as efficient as possible in acquiring the property necessary to move ahead widi
under grounding utilities this summer. He said this Resolution of Necessity provides the City Manager some
latitude in negotiating and signing agreements and is also a way for Tigard to be as efficient as possible in
acquiring necessary right-of-way. I Ie said staff rnet with dne City Attomey to ensure proper steps are being
followed and this Resolution allows the City to move ahead with condemnation if necessary. He said he hoped
that would not be necessary but there are some indications that in some cases it might be.
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Councilor Sherwood asked if the property owners think the value is not correct or is it that they are against the
project.Engineer Duenas said he was not sire that they were against die project. I Ie said there was some
indication drat attorneys were being reta.iied. I Ie said, "We can't move ahead with eminent domain without the
Resolution in place."
City Manager Prosser said, "At this point we don't know what we will run into. We have strong cornrihitrnents
to start this project this summer. The City's strong preference is to obtain these parcels from willing sellers and
die City will male every effort to do so. In die case that it is not possible, this will give us the power to start
wide condemnation.
Mayor Dirksen said he understood that thereare tax benefits to property owners who are required to sell their
Property for right-of-way Linder dnreat of condemnation.
City Attorney Ramis agreed, saying that with passage of die Resolution opportunities are then created for die
City to make that part of the negotiation.
Mayor Dirksen noted that tliis was nota public lhearing but one person had signed up to speak on this topic so
he asked Council's indulgence in allowing Tula. Stevenson to spear:.
8:48:12 PNI NNlike Stevenson, 9040 SW Burnham Street,Tigard, OR said he has owned and operated B &B
Print Source for 21 years and that he provides good paying jobs for 72 employees. I Ie expressed concerns
about dais Resolution being premature because property owners do not yet know what they'll be offered. I Ie
said, "We should have been given an offer a long tune ago. He said he understood that die City was eager to
start the project but by hurrying this property owners were being put into a bind I Ie said, "My property is
being affected ii many ways including the Burnham widening and Ash widening. But you're also malting offers
for die back portion of my property for the Tanno Creek Park and an addition one that I'll have to be looking
at when you decide to do die festival street. That festival street will go through my parking lot and basically put
me out of business it that location. Eventually you would be interested in placing housing on my property and
that would force rhe to move. You are liniting my abiligr to expand my business. If I move the business, I'll
end up with a worthless piece of property to rent out. You are also limiting my ability to do my job as a
printing business. The City has forgotten die effects this has on existing businesses."
Councilor Woodruff asked if die City had made offers to anyone yet.
City Manager Prosser said, "No. This is the start of die process and it lays out some of the mechanics in teams
of what I can authorize. So die fact that you haven't received an offer yet doesn't mean that we're not going to
come and work with you to try a.nd proceed through a swilling seller program. We willbe trying to work out a
deal that works for both of us."
Engineer Duenas mentioned that part of die process of making an offer is getting an appraisal and the
appraisers have been very busy. We're working hard to get the legal descriptions to them so they can complete
die appraisals.
Cowicilor Buehner asked when this was going to happen. Engineer Duenas said, "We have started the process
already. Councilor Buchner: said she was concerned about the night-of-way purchases being completed this
Fiscal year. Engineer Duenas said they are getting tie appraisals done as fast as possible and have made some
offers. Councilor Bueluner said that was different than what was said earlier. Mr. Duenas said he did not say
they had not made any offers. I Ie said there were 22 properties and he believed offers had been made on 7-8 of
diem. I�e said there had been a difficulty tvidl some properties regarding obtaining easements from PGE and
other utilities so those particular pieces could not be finalized. Councilor Buelhner suggested that staff
communicate Nvidi all 22 property owners and let diern know when the City will be making an offer to diem,
noting any delays due to utility company easements,if appropriate. City Manager Prosser said staff will do that.
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Councilor Sherwood said when the Urban Renewal plan was developed the City said dley would not do
condennilation, but that was for properties to be developed. She said, "You have to have that for streets or one
Property could hold up a street for years."
Councilor Woodruff said residents of Tigard have given us a green light to make significant improvements in
the downtown. f Ie said he'd, "Prefer no eminent domain be used on this but in case that is not possible, this
resolution gives us that flexibility."
Councilor Sherwood said Council does not want any businesses to leave die downtown area. She said that
hopefully, this will be seen as an opportunity.
Mike Stevenson said the City says they need to widen the road and want to start right away but business owners
need a certain amoLuit of time to absorb tie infornhation, so this should have been given to owners a long time
ago. He said he is not Lunvilling to work:with the City and felt the has proven that over die last four years.
Councilor Sherwood said she didn't want lute or other business owners to get discouraged and think that the
City wants thein to leave town so they can build a park. Mr. Stevenson said he hasn't heard that from the
Council or the Mayor.
Mayor Dirksen said he considers 1VIr. Stevenson and his business to be very valuable members of die
corrimu dty and he didn't want Beni to leave Tigard. I Ie said, "This plan is a 20-year or maybe even 30-year
plan before it is all accomplished... Opportunities are being created for you and for your property should you
chose to consider them in the future." Regarding the assessments, he said he'd challenged the City Manager
and Engineer six months ago to work:concurrently with tie property owners while finalizing tie street design
in order to get right-of-way and move things fonvud more quickly. I Ie said, "The answer was `Iow do we
know what to tell them about d-ie assessment until we know how much propel: S,we'll need?And we won't
know that until the design is done.' And we've not known how much property needed until fairly recently."
In response to Mr. Stephenson's comments City Manager Prosser said, "We are trying to move faster. Rest
assured we are trying to do somedhing that is tie best for both of us because that will be die best outcome for
t1e City."
Councilor Sherwood said, "We're not developers. We have to follow a process that has all different kinds of
rules and regulations... we're ttymg to do it in tie fastest way we can but it's still a long process."
Councilor Woodruff said,"If any property owners ate getting messages from staff that are different from what
you've heard from us tonight,you need to let us know." Council noted that their e-mail addresses are on the
website.
Mayor Dirksen asked if there was any further discussion and there being none he asked for a motion.
Councilor Bueliner moved for adoption of Resolution No. 08-06. Councilor Sherwood seconded and all
Council voted in approval.
Name Yes No
Councilor Wilson Absent
Councilor Woodruff ✓
Mayor Dirksen ✓
Councilor Bueliner ✓
Councilor Sherwood ✓
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S. COUNCIL LIAISON REPORTS: None
9. NON-AGENDA ITEMS: None
10. EXECUTIVE SESSION: None held
11. ADJOURNMENT
At 9:04 p.m. Councilor Woodruff moved for adjourmnent. Councilor Sherwood seconded the motion and all
voted in favor.
Nsune Yes No
Councilor Wilson - Absent
Councilor Woodruff ✓
Mayor Dirk-sen ✓
Councilor Bueliner ✓
Councilor Shetwood ✓
Carol A. Krager, Deputy City6fecorder
Attest:
(/� ", z
Mayor, City of Tigard
Date:
I:\r\l�Al\Caths'\�-CIv1\2US1R\ONi122G busincss.doc
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