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City Council Minutes - 02/10/2009 Agenda Item No. 3-/. 4L Meeting of City of Tigard Tigard Business Meeting — Minutes TIGARD CITY COUNCIL LOCAL CONTRACT REVIEW BOARD(LCRB) MEETING DATE/TIME: February 10, 2009/6:30 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 6:31 p.m. Name Present Absent Mayor Dirksen ✓ Council President Wilson ✓ Councilor Buehner ✓ Councilor Henderson ✓ Councilor Sherwood ✓ Staff present: City Manager Prosser,Finance and Information Technology Director Toby LaFrance, Community Development Director Bunch, Assistant Planner Daniels, Engineering Manager McMillan, City Attorney Ramis, City Recorder Wheatley • EXECUTIVE SESSION. The Tigard City Council went into Executive Session at 6:32 p.m. to discuss real property transaction negotiations under ORS 192.660(2 (e). Executive Session concluded: 7:02 p.m. • STUDY SESSION De „1, „* C" ,-yDe ele nt De , t Set over to March 10,2009 Track 2 ➢ Annual Review of Annexation Policy- Assistant Planner Daniels reviewed the history of the City of Tigard Annexation Policy and Program. The issue before the City Council is whether to continue to invite voluntary annexation based on the benefits of being within the City and continue to offer incentives. TIGARD CITY COUNCIL MINUTES - FEBRUARY 10, 2009 City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 1 503-639-4171 1 www.tigard-or.gov Page 1 of 20y In the past year, there were five annexations for a total of approximately 15 acres. One annexation was required. At least two annexed because of the incentives offered. Councilor Buchner said citizens requesting information on annexation contacted her. She said she is unclear if under the current policy if it would all right if she requested information from staff regarding (as an example) double majority requirements or other documentation to be handed out at neighborhood meetings. City Manager Prosser said staff responds to telephone requests for information. He offered for staff to put together an information sheet explaining double majority and this would be available for handouts. He would not want to get into a situation to create a packet for every contact,but the information will be general to give out information. Mayor Dirksen said if specific information,the City Council member should direct the person to Community Development Director Bunch and inform City Manager Prosser about the request. Assistant Planner Daniels shared with the City Council the current information available online regarding Annexation in Tigard. Community Development Director Bunch advised staff attempts to personalize the information when someone calls with questions. Council President Wilson said he was in favor of continuing the current policy. Requests for staff attendance at neighborhood meetings shall be sent to City Manager Prosser. Councilor Buchner commented she thinks the City Council should have a discussion regarding island annexation at some time on a future agenda,referring to a recent conversation she had with Washington County Chair Brian. Mayor Dirksen suggested this be discussed first during a workshop meeting. Councilor Buchner added she would also like to receive information on the current state on the law regarding"cherry stem" annexation. City Council consensus was to continue the current City of Tigard Annexation Policy and Program. City Manager Prosser said this is scheduled to come back to the City Council as Consent Agenda item at the next City Council business meeting. Track 3 Administrative Items: • Assistant City Manager Newton reviewed the Legislative Priorities List with City Council. Information distributed to the City Council is on file in the City Recorder's office. Ms. Newton also reviewed "Issues of Interest to the City of Tigard." City Manager Prosser and Assistant City Manager Newton advised future Council updates would occur regularly by email. o Councilor Henderson asked City Attorney Ramis about the role of the City Council taking a position on legislation. City Attorney Ramis said Councilors are able to take positions; that is, try to influence legislation, suggest priorities, and follow what is occurring, as it will affect the City. City Manager Prosser added that last year the City Council adopted a resolution setting out its legislative priorities,which is the basis for the report tonight. Staff has indicated those proposed bills to support or not; but, if any City Council member has an issue TIGARD CITY COUNCIL MINUTES - FEBRURARY 10, 2009 City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 1 503-639-4171 1 www.fgard-or.gov Page 2 of20 with the staff's recommendation, let staff know and staff will bring the matter to the City Council for discussion and decision. Assistant City Manager Newton advised how issues are selected for "weigh-in" by the City. Councilor Henderson asked if he could personally oppose certain legislation. The answer is "yes" he can take a personal position;however, City Manager Prosser pointed out that one of the City Council Groundrules is that if his personal position was opposite from the City Council, then he should identify he is speaking as an individual,not as a representative of the City Council. o Councilor Buchner said she understands there is opposition from Thousand Friends of Oregon to the `Big Look" proposal. She asked if the City Council should consider testifying to support the City's stance on urbanization. Mayor Dirksen agreed, "We should." Assistant City Manager Newton said she would contact the staff member at the League of Oregon Cities who is tracking this bill to determine the issues. o City Manager Prosser noted that Mayor Dirksen,Assistant City Manager Newton, and he will routinely visit Tigard's legislators in Salem. o Mayor Dirksen requested City Council members contact him as soon as possible regarding the information distributed this evening as to whether or not they agree with the staff's position. He said he is assuming that as bills are introduced,which affect the City Council's priorities, that he will offer testimony as the opportunity arises. o Council received information sent by the League of Oregon Cities regarding Volunteers Son ghtfor State-City Task Force. o City Council members indicated they supported increased League of Oregon Cities involvement by Mayor Dirksen. Mayor Dirksen indicated he would volunteer to serve on the State-City Task Force. • New Agenda Item (material forwarded to Council with the February 6, 2009, City Council Newsletter) —Agenda Item No. 10—Stimulus Package—Updates on City's Requests for Project Funding (Federal and State) —City Council received this information. • Fifth Tuesday Meeting at Tigard High School,March 31, 2009. City Council members will be available during the school day. • Meeting with Tigard-Tualatin School District Board and City of Tualatin Council. After brief discussion, City Council members agreed to an evening meeting on March 31, 2009. TIGARD CITY COUNCIL MINUTES - FEBRURARY 10, 2009 City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 1 503-639-4171 1 www.fgard-or.gov Page 3 of20 • TVF&R Dinner Meeting 2/24/09— 5:30 p.m. at the new Tigard Fire Station. City Manager Prosser reminded the City Council there would be no study session before the business meeting that evening. • Budget Committee Schedule: April 27— 6:30 pm, *Library Community Room May 4— 6:30 pm, *Library Community Room May 11 — 6:30 pm, *Library Community Room May 18— 6:30 pm, *Library Community Room (if needed) *City Recorders Note: At a later date, the Budget Committee meeting location was changed to the Tigard W1`a1nut Street Fire Station. 1. BUSINESS MEETING 1.1 Mayor Dirksen called the City Council and Local Contract Review Board meeting to order at 7:34:19 PM. 1.2 Roll Call Name Present Absent Mayor Dirksen ✓ Council President Wilson ✓ Councilor Buchner ✓ Councilor Henderson ✓ Councilor Sherwood ✓ 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 noted that Agenda Item No. 10, Stimulus Packages—Updates on City's Requests for Project Funding (Federal and State)—was a late addition to the agenda. Mayor Dirksen said he would like to add an agenda item to allow for City Council discussion on the process for acquiring a conditional use permit. Agenda Item No. 3 was heard at this time. 7:42:55 PM 2. LEGISLATIVE BRIEFING BY SENATOR BURDICK A highlight of Senator Burdick's briefing: TIGARD CITY COUNCIL MINUTES - FEBRURARY 10, 2009 City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 1 503-639-4171 1 www.fgard-or.gov Page 4 of20 ➢ Senator Burdick is Chair of the Senate Revenue Committee. There is a revenue crisis because of the overall national and state situation. Between now and the end of this biennium, some devastating cuts will be made to budgets. Some of those cuts will affect people who are also suffering cuts in other areas; specifically,local governments and counties. Even if there was the will to raise revenue during this current biennium, there are no means to do this. ➢ A stimulus program was passed for shovel-ready projects. Basically, the state does not have any sources of revenue for this current biennium. Budget cuts could be over$700 —800 million in the coming five months. ➢ Cuts between$1-2 million will be identified for the next biennium. ➢ The legislature will be reviewing what to do with the revenue situation. ➢ Senator Burdick shared that her philosophy is that a recession is no time to raise taxes; however,this needs to be tempered by the"desperate needs." She's looking at tax expenditures for savings and target the decisions made regarding tax credits. As an example, the business energy tax credits have been a good program,but the popularity of this program has far exceeded the anticipated impacts. The program will be reevaluated to focus it on the current situation for energy projects that are going to lead, especially in the short-term,to jobs and economic activity. ➢ Legislation is being written to disconnect our tax system from the federal tax code for the next year. The system we now have is called the"rolling reconnect,"which is anything having to do with the definition of taxable income and that the state automatically accepts what the federal government does. The federal stimulus package contains items that will have a negative revenue impact in Oregon. She will be carrying a bill to the Senate Floor to disconnect from the federal tax code in anticipation of the stimulus plan coming down. This does not mean the state will be rejecting items in the stimulus plan. What it does mean is that the state will be taking the stimulus plan and placing items on the same table with other revenue and economic programs to be considered on the same playing field. The federal stimulus plan would have a potential revenue impact of$78 million. For example,Senator Burdick referred to bonus depreciation for small businesses,which will allow investing in capital with accelerated depreciation allowed. There is a lot of argument in the legislature about whether the state should disconnect from this bonus depreciation proposal since it could help the Oregon economy. This is an example of one of the federal stimulus proposals that would be chosen by the State of Oregon. ➢ Intel was in today's good economic news. This company will be making a multi-billion dollar investment in Oregon. ➢ Senator Burdick is on the Rules Committee and they are debating Senate Bill 10. She noted her regret for her"yes"vote on Senate Bill 10 regarding the last changes to the Ethics reform regulations. She has been attending hearings around the State regarding Senate Bill 10 and the testimony has been negative. She reviewed some of the changes being considered. ➢ Affordable housing tax credits—a good outlook for this. She anticipates the document- recording fee to be adopted. Councilor Sherwood thanked Senator Burdick for her work on affordable housing. TIGARD CITY COUNCIL MINUTES - FEBRURARY 10, 2009 City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 1 503-639-4171 1 www.fgard-or.gov Page 5 of20 Councilor Buchner asked that the bill address protecting personal information such as addresses of people who might be at risk if their addresses are published (i.e.,a restraining order situation). Senator Burdick noted that addresses are not required for those who are listed on the forms. The committee is looking at requiring names of relatives only if there is a direct legislative interest. Councilor Buchner noted the processing of stimulus funds through the Oregon Department of Transportation (ODOT). One of the issues is that ODOT will not be able to increase its staff on a temporary basis to handle the onslaught of projects. She asked Senator Burdick if there was anything that could be done to assist ODOT staff to expedite moving projects. Senator Burdick said that was an excellent question and she will raise it with her ODOT contacts. Councilor Henderson asked if new legislation were adopted regarding ethics regulations,when would it become effective? Senator Burdick said usually legislation becomes effective the January following the session. Council President Wilson asked if the last revision of the ethics law could be repealed. Senator Burdick indicated she would support repeal,but there are some who believe this would be going too far. Basically,the entire ethics statute needs a rewrite because the last changes were written in a"reactive"mode. There has been no opposition to the current efforts to amend the ethics laws. City Attorney Ramis added that while these reforms to the ethics bill are being considered,he advised that government officials would still be required to submit filings under the current law until any changes become effective. 7:36:09 PM 3. CITIZEN COMMUNICATION • Tigard High School Student Envoy Alexa Kanbergs presented her monthly report to the City Council. A copy of her report is on file in the City Recorder's office. 7:38:03 PM • Citizen Communication—Sign Up Sheet Lisa Hamilton-Treick, 13565 SW Beef Bend Road,unincorporated Bull Mountain, representing CPO 4B,announced that Curtis Tigard is celebrating his 100`h birthday in April. The CPO has asked the Tigard Historical Society to come to the March 5 CPO 4B meeting to present the history of Tigard. Mr. Tigard has agreed to attend this meeting. (Meeting will be at the Alberta Rider Elementary School Library, 7-9 p.m.) Ms. Hamilton-Treick explained that CPO 4B is a citizens organization sponsored by Washington County. This organization's boundary covers about one-half of the City of Tigard and all of the Bull Mountain area. She said the meetings are open to everyone; there are no boundaries. The CPO addresses many issues important to local residents. In response to a question from Council President Wilson, City Manager Prosser advised that Mr.Tigard's birthday is April 25. The Tigard Historical Society is planning an event that night. • Follow-up to Previous Citizen Communication TIGARD CITY COUNCIL MINUTES - FEBRURARY 10, 2009 City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 1 503-639-4171 1 www.fgard-or.gov Page 6of20 City Manager Prosser reported that on January 27,Mr.John Frewing spoke to the City Council about changes he would like to see regarding the street maintenance fee. Staff has scheduled an update to the City Council at the February 17,2009 City Council workshop meeting. The update will be on process regarding questions raised by the Council and to allow time for public outreach. City Manager Prosser referred to a citizen communication from Mr.Dennis Olson received by the City Council on January 13. Mr. Olson owns property across the street from the new Walnut Street fire station and he had some concerns regarding the two light standards. Mr. Prosser said given the geometry of the curve at this location,two light standards are required. Mr. Olson also reported his concern that one of the light standards was placed in the middle of his property. The standard is in City-owned right of way. Mr. Olson is planning to develop lots in the future and the light standard is located where he was thinking he would put the access for this development. City Manager Prosser noted there are several issues. With the fire station nearby,this might not be the best place for access and will need to be worked out when Mr. Olson brings in an application. If this property is developed,traffic impact fees will need to be paid and under the traffic impact fee ordinance in the County,a developer would receive a dollar-for-dollar credit to relocate public facilities. Mayor Dirksen said he was glad to hear there would be no negative impact on Mr. Olson if he developed this property in the future. City Manager Prosser advised that on January 13,2009, several high school students attended the City Council meeting. After the meeting one of the students asked about the status of the crosswalk on Durham Road. Staff called this student to let her know that the crosswalk and the lighting system have been designed and this project is going out to bid this month. Item No. 2 was heard by the City Council at this time. Mayor Dirksen reviewed the Consent Agenda. 8:12:14 PM 4. CONSENT AGENDA: (Tigard City Council and City Center Development Agency) 4.1 Approve Council Minutes for January 6 and 13,2009 4.2 Receive and File: a. Council Calendar b. Tentative Agenda 4.3 Approve Grant Application to the US Department of Justice for the 2009 GREAT Grant in the Amount of$125,000 4.4 Local Contract Review Board a. Award Contract to Elting Northwest for the Construction of Greens Way Storm Drainage Improvements Motion by Council President Wilson, seconded by Councilor Sherwood, to approve the Consent Agenda. TIGARD CITY COUNCIL MINUTES - FEBRURARY 10, 2009 City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 1 503-639-4171 1 www.fgard-or.gov Page 7of20 The motion was approved by a unanimous vote of City Council present. Mayor Dirksen Yes Council President Wilson Yes Councilor Buchner Yes Councilor Henderson Yes Councilor Sherwood Yes 8:13:26 PM 5. RECOGNITION OF THE COMMUNITY EMERGENCY RESPONSE TEAM (CERT) VOLUNTEER OF THE YEAR AND CITIZEN VOLUNTEERS WHO SUCCESSFULLY COMPLETED THE CITY'S CERT PROGRAM Emergency Services Coordinator Lueck introduced this agenda item. A short video presentation for CERT recruitment was shown. Recent graduates of the Community Emergency Response Team Course were named and Mayor Dirksen presented those present with a Certification of Completion. The list of these graduates is on file in the City Recorder's office. Special recognition was given to Tigard's CERT Volunteer of the Year,Darrell Osborn,who helped develop the CERT website: www.tigardcert.org. The next CERT training sessions will be held in March and September 2009. 8:27:03 PM 6. LEGISLATIVE PUBLIC HEARING-MOTOR VEHICLE USE CODE AMENDMENT (DCA 2008-00004) TO ALLOW"MOTOR VEHICLE SALES/RENTAL" IN THE I-P ZONE AS A RESTRICTED USE a. Mayor Dirksen opened the public hearing. b. City Attorney Ramis reviewed the hearing procedures for this legislative proceeding. C. Declarations or Challenges: None d. Staff Report: Associate Planner Pagenstecher reviewed the proposed Development Code Amendment as outlined in the staff report on file in the City Recorder's office. Staff concluded the request meets applicable standards. The Planning Commission considered the proposal. One of the items discussed by the Planning Commission was the LCDC comment letter,which raised the question of the Transportation Planning Rule dealing with added traffic for the proposed use. The comment letter also questioned consistency with Metro's Title Four,which is designed to protect the industrial employment areas in the region as well as those in the City of Tigard. Associate Planner Pagenstecher reported that the Planning Commission supported the idea of encouraging commercial use in this zone. TIGARD CITY COUNCIL MINUTES - FEBRURARY 10, 2009 City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 1 503-639-4171 1 www.fgard-or.gov Page 8 of20 Since Metro did not comment on the application, the Planning Commission asked for a letter as a Condition of Approval for the proposed Development Code amendment. Associate Planner Pagenstecher advised Metro's letter was submitted to the City Council as Attachment 5 to this item's packet materials. The Metro letter clarifies that the proposed Code amendment is not in conflict with Title Four and,therefore, the Planning Commission's Condition of Approval has been met. Staff recommends that the City Council approve this Development Code Amendment as amended with the limit of 10,000 square feet per lot and applicable to boats only. Associate Planner Pagenstecher advised that as a separate issue, the applicants submitted a letter the day after the Planning Commission hearing clarifying that their business included the sale of boat trailers in addition to boats. The letter was precipitated by a Department of Motor Vehicles licensing issue where trailers,and not boats, require licensing. As discussed in the staff report,dealer licensing has resulted in enforcement issues for the City with respect to outdoor sales. Staff finds,in this case where the use is limited to boats,less than 10,000 square feet per lot,and inside a building, that the conflict would be minimal. Associate Planner Pagenstecher made suggestions with regard to how the Code amendment might read. o Keep the language as proposed, understanding that it is implied that trailers are included as an accessory use to the sale of boats, or o Amending the language to say,"and boat trailers." The staff report also suggested that a remand option was available to Council because the was letter received after the Planning Commission hearing and the Planning Commission had limited the Development Code Amendment to boats only. It is up to the discretion of the City Council whether to remand to Planning Commission. In response to a question from Councilor Buchner regarding whether staff contacted the Department of Motor Vehicles as to whether they would require express language or would the implied-language approach be sufficient? Associate Planner Pagenstecher said he did not call DMV;generally,DMV leaves it to the City to deal with any discrepancies. Associate Planner Pagenstecher said this is something the applicant might want to clarify to be certain trailers would be permitted. 8:33:53 PM e. Public Testimony Applicant: o April Berg, 13531 SW Aerie Drive,Tigard OR 97223 and Ty Wyman 851 SW Sixth Avenue,Suite 1500,Portland OR 97204 (applicant's attorney) testified. TIGARD CITY COUNCIL MINUTES - FEBRURARY 10, 2009 City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 1 503-639-4171 1 www.fgard-or.gov Page 9 of20 Ms. Berg advised she is a co-owner of Northwest Ski and Wake Sports,LLC,which is a high-end boat dealership. She advised they chose the location for their business because they are in an I-L zone in Portland. Their parent company,located in Florida,mandated that there be a retail location, showroom location, and that they have freight doors. To meet all of the obligations and to remain in business,they did a market study and found that Tigard and the I-5 corridor were the best choices. She outlined further results of the market study. She advised they were unaware of the issue with DMV,which occurred because of the zoning. Once they became aware of the problem,they started the appropriate process with the City. Ms. Berg advised that at the Planning Commission hearing,it was recognized that the boats needed to be licensed and processed through the DMV. Technically,it is not the boat that needs to be licensed,it's the boat trailer. To do their business, they need to have the DMV form signed to operate legally. Ms. Berg advised she has lived in Tigard for the last 12 years. 8:36:20 PM Mr.Wyman referred to the extensive amount of written material already submitted. He praised the work of the staff and the Planning Commission on this matter. He advised he would be happy to answer questions and, should the City Council vote favorably on this request,he said he could explain the mechanics to accomplish the DMV sign-off The applicants are in a time-sensitive situation insofar as they have signed documents and would like to get into the building as soon as possible. Opponents: None 8:38:54 PM f. Staff Recommendation: Associate Planner Pagenstecher advised staff recommends the City Council approve the proposed Development Code amendment as amended and recommended by the Planning Commission. 8:39:11 PM g. Council Questions In response to a question from Councilor Buchner regarding the specific regulations by DMV,City Attorney Ramis said the City makes the call whether to sign off on the DMV form;however,if the applicant is uncomfortable with passing the amendment as proposed by the Planning Commission,we should know this now. Ms Berg referred to the DMV form noting it could be signed with specific limitations as to what is approved. The form does need to be signed. City Attorney Ramis said it is his understanding that staff is prepared to sign the form based upon the passage of the amendment as the Planning Commission adopted it. Associate Planner Pagenstecher affirmed City Attorney Ramis'understanding. Applicant's Attorney Wyman said he regards the question of boat trailers as an allowed accessory use. He said he was comfortable with legislative history if that is the TIGARD CITY COUNCIL MINUTES - FEBRURARY 10, 2009 City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 1 503-639-4171 1 www.fgard-or.gov Page 10 of20 consensus "around this table" that this is the intent to consider this an allowed accessory use. Councilor Buchner said she wanted to make sure that the action City Council takes will meet the applicant's needs. 8:43:50 PM h. Mayor Dirksen closed the public hearing. i. Council Consideration: Ordinance No. 09-01 Motion by Councilor Buchner, seconded by Councilor Sherwood,to adopt Ordinance No. 09-01. ORDINANCE NO. 09-01 —AN ORDINANCE AMENDING THE TIGARD COMMUNITY DEVELOPMENT CODE CHAPTER 18.530,SPECIFICALLY TABLE 18.530.1 - USE TABLE: INDUSTRIAL ZONES,TO ADD FOOTNOTES 12 AND 13 TO ALLOW THE SALES/RENTAL OF BOATS AS A RESTRICTED USE IN THE INDUSTRIAL PARK J-P) ZONE,PROVIDED SUCH OPERATION TAKES PLACE WHOLLY WITHIN AN ENCLOSED BUILDING AND DOES NOT EXCEED 10,000 SQUARE FEET/LOT (DCA2008-00004) Council President Wilson noted concerns this might be tailored too narrowly to one type of business. He suggested that 13 should be dropped as a footnote referring to other types of motor vehicles. He referred to the type of development occurring in that zone and,if there is no compelling reason to prohibit something, then it should be allowed. Associate Planner Pagenstecher referred to Metro's letter and said he did not think they would have an issue with a more inclusive stance. Community Development Director Bunch said there has been an effort by both Metro and the Oregon Department of Land Conservation and Development to retain these job-producing lands. One of Tigard's larger goals is to ensure these lands are available for family-wage,knowledge-based jobs. If we begin to broaden this to include low- density sales that require a lot of space and result in low-density jobs employing only a few employees per acre,we run the risk of under-utilizing these important employment lands. This is a policy call for the City Council to allow this kind of commercial use for the employment zone. Council President Wilson said that the only places where auto sales are allowed outright are in the General Commercial and the two industrial zones. Heavy industry has very little auto sales and the argument against a car dealership in that zone could be easily made,yet this type of use is permitted outright. One might also make the same argument for light industrial. We are tending to rezone our General Commercial properties to Mixed Use Employment and various other designations. We will be looking at the strip along Highway 99W as well. Council President Wilson said he was wondering where the motor vehicle sales would go. He reiterated he thought Footnote 13 should be dropped. TIGARD CITY COUNCIL MINUTES - FEBRURARY 10, 2009 City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 1 503-639-4171 1 www.fgard-or.gov Page ll of20 Councilor Buchner said she thinks the matter raised by Council President Wilson is a valuable policy decision that she would like to take up;however, she said her sense was that this is not the time to have the general policy decision. She said she would like to go ahead with the proposed ordinance as set forth and place the issue brought up by Council President Wilson as a future workshop discussion. Mayor Dirksen said it was not in the City's best interest to get in the way of private enterprise unless it reaches the point where granting a right to one restricts a right of another. Particularly,in the economic times we are now in,anyone who is willing to have an entrepreneurial spirit to open a business,we need to attempt to make our codes as flexible as possible to allow that to happen. To address Council President Wilson's comment,Mayor Dirksen said he thought that as the Council reviews the ordinance tonight,he would be concerned to make changes and broaden it further after only a few minutes of discussion for concern that there might be unintended consequences. In the interests of timing,Mayor Dirksen said the Council should move forward with this proposal. This is not something that comes up so often that it cannot be reviewed on a case-by-case basis. Mayor Dirksen recommended the proposed ordinance be left as is. This issue might need to be addressed"on a broader page..." The motion was approved by a majority vote of City Council present. Mayor Dirksen Yes Council President Wilson Abstained Councilor Buchner Yes Councilor Henderson Yes Councilor Sherwood Yes Council meeting recessed: 8:52:40 PM Council meeting reconvened: 8:59:58 PM 7. PUBLIC HEARING—SALE OF THE WATER BUILDING REMNANT PARCEL AND CANTERBURY SURPLUS PROPERTY 9:00:02 PM a. Mayor Dirksen opened the public hearing. b. City Attorney Ramis reviewed the public hearing procedures.This matter comes before the City Council under Tigard Municipal Code 3.44.015. The standard the City Council will be applying tonight is whether the sale of the property is determined to be in the public interest. C. Declarations or Challenges: Councilor Buchner reported that as the representative for the City Council on the Intergovernmental Water Board, she has already addressed this issue and signed appropriate documents. TIGARD CITY COUNCIL MINUTES — FEBRURARY 10, 2009 City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 1 503-639-4171 1 www.fgard-or.gov Page 12 of20 d. Staff Report: Public Works Director Koellermeier introduced Confidential Executive Assistant Gaston who presented the staff report on this matter. The Council is being asked to consider the issues: 1. Hold public hearing to determine if the sale of these two properties is in the best interest in question. 2. If the City Council determines it is in the best interest,two resolutions are proposed for adoption to executive that decision. Confidential Executive Assistant Gaston described the properties and the interest in these properties by the City of Tigard. In November 2008, these parcels were declared as surplus by the City Council. Both properties are owned by a tenant-in-common agreement. The owners are the cities of Durham, King City,Tigard Water District,and the City of Tigard. All of those jurisdictions are represented on the Intergovernmental Water Board JWB). In December 2008,the IWB recommended that it would like the City of Tigard to carry out the sale of those properties and outlined some conditions it would like Tigard to set in terms of the disposition of those properties. Council President Wilson asked when the appraisal was done to determine the value of $600,000? Confidential Executive Assistant Gaston advised it was done in September 2007. Council President Wilson noted that the appraisal was probably done at the height of the market and wondered if the property was still worth that amount. Confidential Executive Assistant Gaston noted that staff has been working through this process with the member jurisdictions represented on the I" and the process has taken time to determine how to sell and purchase these properties. She was uncertain about how the I"would respond if this was returned to them with the news that the property has now depreciated. e. Public Testimony: None. f. Staff Recommendation: Confidential Executive Assistant Gaston advised that staff recommends that the City Council conduct the public hearing and adopt the resolutions authorizing the sale of the properties. g. Council Questions: None. 9:06:08 PM h. Mayor Dirksen closed the public hearing. i. Council Consideration: Resolution No. 09-07 and Resolution No. 09-08 Motion by Councilor Buchner, seconded by Councilor Sherwood,to adopt Resolution No. 09-07. TIGARD CITY COUNCIL MINUTES - FEBRURARY 10, 2009 City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 1 503-639-4171 1 www.fgard-or.gov Page 13 of20 A RESOLUTION AUTHORIZING OF CITY OF TIGARD TO SELL THE WATER BUILDING REMNANT PARCEL The motion was approved by a unanimous vote of City Council present. Mayor Dirksen Yes Council President Wilson Yes Councilor Buchner Yes Councilor Henderson Yes Councilor Sherwood Yes Motion by Councilor Buchner, seconded by Councilor Sherwood,to adopt Resolution No. 09-08. A RESOLUTION AUTHORIZING CITY OF TIGARD TO SELL THE CANTERBURY SURPLUS PROPERTY The motion was approved by a unanimous vote of City Council present. Mayor Dirksen Yes Council President Wilson Yes Councilor Buchner Yes Councilor Henderson Yes Councilor Sherwood Yes 9:07:50 PM 8. CONSIDER RESOLUTIONS AUTHORIZING THE PURCHASE OF THE WATER BUILDING REMNANT PARCEL AND CANTERBURY SURPLUS PROPERTY • Staff Report: Public Works Director Koellermeier presented the staff report. Now that these properties have been declared surplus,the City Council is being asked to consider authorize their purchase by adopting the proposed resolutions. Both properties have been identified for public use. The water building remnant parcel is a portion of property needed to complete the Burnham Street Improvements. The Canterbury property has been identified as a potential park site. The City Council must authorize the City's bids on these parcels,which are open to public bid at this point. Staff will advertise these parcels. Public Works Director Koellermeier reviewed the steps that need to be taken. • Council Consideration: Resolution No. 09-09 and Resolution No. 09-10 Motion by Council President Wilson, seconded by Councilor Buchner,to adopt Resolution No. 09-09. A RESOLUTION AUTHORIZING THE CITY OF TIGARD TO PURCHASE THE WATER BUILDING REMNANT PARCEL TIGARD CITY COUNCIL MINUTES — FEBRURARY 10, 2009 City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 1 503-639-4171 1 www.fgard-or.gov Page 14 of20 Councilor Henderson asked for confirmation that the City of Tigard is buying property was once owned by four entities and that all has been resolved. Public Works Director Koellermeier confirmed that the four entities have,by resolution of the I",asked the Tigard City Council to declare these properties as surplus and to the properties. Conditions have been placed on those properties including the minimum price (appraisal value) and the intended use. Mayor Dirksen added that the small triangle at the edge of Burnham Street will become part of the right of way for Burnham Street's expansion. The Canterbury property is the wooded parcel adjacent to the Tigard House,which has been identified as good location to expand for a larger public park. Councilor Henderson said at this time there is a lease for the property for the Tigard House. That lease extends onto this ownership? Public Works Director Koellermeier said this was correct. The current lease would transfer to the new owner,which will be the City of Tigard. Council President Wilson asked about how the proceeds will be divided among the I"members. Public Works Director Koellermeier said the IWB still has an opportunity to change its position;however,historically the I" has taken the position that the proceeds from sale of real property is placed in the water capital fund. This money will not be disbursed among the partners. The IWB has the authority to make this decision,but they have not indicated they wanted disbursement. Roughly, 70 percent of the interest in these properties is owned by the City of Tigard Water Division. Public Works Director Koellermeier confirmed for Mayor Dirksen that the Park Division would have to purchase the property at the full price from the Water Division. This is a water asset jointly owned by four parties. Council President Wilson commented that the net effect to Tigard residents is for the parks fund to pay the water fund,which will have some significant expenses in the coming years. The motion was approved by a unanimous vote of City Council present. Mayor Dirksen Yes Council President Wilson Yes Councilor Buchner Yes Councilor Henderson Yes Councilor Sherwood Yes Motion by Councilor Buchner, seconded by Council President Wilson, to adopt Resolution No. 09-10. A RESOLUTION AUTHORIZING THE CITY OF TIGARD TO PURCHASE THE CANTERBURY SURPLUS PROPERTY The motion was approved by a unanimous vote of City Council present. TIGARD CITY COUNCIL MINUTES - FEBRURARY 10, 2009 City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 1 503-639-4171 1 www.fgard-or.gov Page 15of20 Mayor Dirksen Yes Council President Wilson Yes Councilor Buchner Yes Councilor Henderson Yes Councilor Sherwood Yes 9:14:20 PM 9. BARROWS ROAD BRIDGE REPAIR STATUS UPDATE City Engineer Duenas presented the staff report. He reviewed the recent history of this item. In December,according to Washington County staff,the proposed bridgework at that time was expected to last about five years. Part of the problem is that the existing piles are rotten. The City Council asked for the County staff to review to determine if was possible to come up with a concept that would extend the lifespan for at least ten to fifteen years. This would give the opportunity for the realignment of Barrows Road to Davies Street to occur. We could pursue this realignment with the City of Beaverton. The County has drawn up a proposal that would increase the original costs,which was $150,000 to be divided three ways (Tigard,Beaverton, and Washington County). After completion of the repairs,the City of Tigard and the City of Beaverton, as part of the original concept,would assume joint jurisdiction of Barrows Road from the Walnut signal (Walnut Street and Barrows Road) eastward to Scholls Ferry. The City of Tigard agreed with the City of Beaverton and Washington County that the road pavement is not acceptable and needs an overlay before jurisdiction is accepted by the two cities. With the newest proposal,the estimated costs would increase by$55,000 to a total project cost of$205,000;however,City Engineer Duenas advised the project has not been designed in detail. The City of Tigard's share is now estimated to be about$69,000. City Engineer Duenas said before staff pursues this in more detail, he is asking if the City Council is comfortable with the additional costs. If so, staff will pursue developing an Intergovernmental Agreement with City of Beaverton and Washington County so Barrows Road would stay open with a design that should last fifteen years or more. In response to a question by Councilor Sherwood,City Engineer Duenas advised there would be no weight restrictions on the bridge after the proposed upgrade. He reviewed that the super structure was going to be removed and replaced with a new one. The County feels comfortable that this will last at least fifteen years. Councilor Buchner asked City Engineer Duenas if during his discussion with the City of Beaverton if they indicated whether they think they will get the Davies connection open within fifteen years. City Engineer Duenas advised this is not on their priority list. There were earlier talks about how this was something to be pursued. This connection will be expensive and there is not much development that could help with the cost. The upgrade to the bridge would give the jurisdictions time to pursue funding options. Councilor Buchner suggested that there should be an effort to negotiate County participation in the Davies Road connection costs. Mayor Dirksen suggested this would be a good topic at the upcoming joint meeting with the TIGARD CITY COUNCIL MINUTES — FEBRURARY 10, 2009 City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 1 503-639-4171 1 www.fgard-or.gov Page 16of20 Beaverton City Council. Mayor Dirksen referred to concerns about taking jurisdiction over this portion of Barrows Road from the County without exacting from them everything the City would like to have. He noted that the County does not view this road as being of"County significance" so even if it stays within their jurisdiction they would be unlikely to do anything with it. Their option might be to close the road. Therefore,by taking the road into Tigard and Beaverton jurisdiction,the cities will have more influence over what will happen in the future. Council President Wilson commented about the County funding work on some"pretty insignificant places"and said he thought the City could talk to them about this. Mayor Dirksen noted he was pleased this new design has been proposed to make this solution work longer. At least now,there is a good chance of resolving this in the long run. 9:21:43 PM Council President Wilson asked about a development at Barrows Road and Scholls Ferry Road that appears to be stopped. He noted the unfinished sidewalks, curbs,and gutters. He asked City Engineer Duenas if there was anything that the City could do to get the public right of way improvements finished. City Engineer Duenas advised the developer has paid the City and the City will complete these improvements. Staff is waiting until issues are resolved regarding the roadway so these improvements can be done at the same time as the overlay. In response to a question from Councilor Buchner, City Engineer Duenas advised this project should be underway in the next couple of months. City Council members concurred with Mayor Dirksen to agree to the increased share for the City to participate in the Barrows Road bridge improvements. 9:24:08 PM 10. STIMULUS PACKAGES—UPDATES ON CITY'S REQUESTS FOR PROJECT FUNDING (FEDERAL AND STATE) City Manager Prosser reviewed the staff report with the City Council. With regard to the state stimulus package,local projects have not been solicited. In terms of the federal stimulus package,the House passed the bill and the Senate,today, passed their version of the bill. The next step will be to work out differences in the Conference Committee. Various agencies and organizations have requested estimated time periods and lists of projects that could be considered for possible federal stimulus funding. City staff has prepared these lists. The current lists were reviewed by City Manager Prosser and are on file in the City Recorder's office. These lists are: A. Tigard's Stimulus Package Projects— 120 days to 18 months (shovel ready) B. Tigard's Stimulus Package—Potential Capital Projects (local and regional) C. Stimulus Package Tigard Filings—updated through 2/4/09 TIGARD CITY COUNCIL MINUTES - FEBRURARY 10, 2009 City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 1 503-639-4171 1 www.fgard-or.gov Page 17of20 The No. 1 priority submitted was Citywide Pavement Preservation for$2.5 million. Also listed was Burnham Street (Main to Hall) for$8.9 million;Walnut/Tiedeman to 116Th for$5.1 million; and 99W/Greenburg/Main for$5.8 million. Staff also put together a list of small-fix congestion solutions for$290,000. Staff wanted to make Burnham Street the No. 1 priority; however,it did not quite fit the criteria. Water projects on the list (totaling about$31 million) included: • 10 million gallon storage tank and transfer pump • Aquifer Storage and Recovery Well No. 3 The transportation projects under the federal bill has to go through a recognized federal contracting agency,which in the State of Oregon is the Oregon Department of Transportation (ODOT). As Councilor Buchner mentioned,City Manager Prosser said there is real concern that ODOT staff will be the ones who will need to assemble bid packages, call for bids,and let contracts. No additional staff can be hired so an additional two months will need to be added to the projects. Contacts have been made to ODOT Region 1 Director Tell and Senator Merkley,Senator Wyden,and Congressman Wu. City Manager Prosser advised Director Tell said ODOT is also concerned about the built-in bottleneck,but ODOT must follow Federal Highway Administration guidelines. City Manager Prosser said this region has a strong history of working together. The region has put together a list of authorization priorities. Tigard has four projects on this priority list: 99W/McDonald-Gaarde Intersection; 72nd Avenue/Dartmouth Street to Hampton Street; Portland—Tigard—Sherwood 99W Barbur alternatives analysis for high-capacity transit; and Fanno Creek Trail projects. City Manager Prosser advised Tigard does not have any projects on the appropriations priorities. Staff is endeavoring to be responsive and follow the current state of the stimulus package offerings. Staff is hopeful Tigard will receive funding for some of our projects. Senate offices and Congressman Wu has been sending Tigard staff appropriation forms to be filled out. The region works in concert on transportation priorities and our projects have already been included on forms submitted to all of those offices; we need to be careful with our regional relationships. Mayor Dirksen said recently there was another interpretation of how the money will be distributed. In the MPO,which is the metro region,Metro will identified as the distributor of stimulus funds. Therefore,it looks as 30%of the funds will go to Metro and 70%to Oregon Department of Transportation (ODOT). The good news is that Tigard might have two opportunities to apply for project funding. City Manager Prosser added that the House bill has a wide variety of projects and programs for funding. It looks as if the House bill might have some funding for the federal COPS program through the Department of Justice,which makes grants available to local jurisdictions for the TIGARD CITY COUNCIL MINUTES - FEBRURARY 10, 2009 City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 1 503-639-4171 1 www.fgard-or.gov Page 18 of20 hiring of additional police officers. Tigard staff will monitor as there might be some opportunities. Other Federal programs might receive additional grant money. Mayor Dirksen noted disappointment with the stimulus bill as it has come through the two Houses of Congress. What was originally meant to be something that would raise money for the funding of infrastructure projects to stimulate the economy by creating jobs has expanded to attempt to be "everything for everyone." While there is funding for things that would stimulate and provide jobs,other things are questionable. 11. COUNCIL LIAISON REPORTS: None 9:37:59 PM 12. NON-AGENDA ITEMS Mayor Dirksen noted a recent issue for a property in downtown Tigard regarding an empty building. A potential business tenant would have needed a Conditional Use (CU). The timeline and cost for a CU Permit was too much for them to proceed. The deal fell through. This issue has exposed a problem with our CU permit process. Mayor Dirksen advised that for the above business, the CU permit would have been about$5,000. The process assumes that CU permits are for property that is either undeveloped or redeveloped;however,in this case,it was someone wanting to use an existing facility/structure without a material change to the structure. Mayor Dirksen said he thought it might be appropriate to have an alternative CU process and fee structure for those projects where there is no material change in the structure or the property,but only a different use for the existing facility. The alternative process would not be as long or as expensive. Council consensus was staff should look into an alternative CU process: ➢ Would it be appropriate, and ➢ Identify a process ➢ Identify the fee structure Council President Wilson said he thought the fee should relate to the amount of staff time required for review. Mayor Dirksen said the current fee is a set amount. City Manager Prosser advised the fees were set following time studies for various types of applications,granted, however,this is an average across all the permits. Fees are updated annually. City Manager Prosser agreed this is a fair policy question to bring back to the City Council and staff will be prepared to bring the issue back to the City Council. Mayor Dirksen noted the importance of flexibility, especially now,while at the same time remain diligent to protect the public interest. 13. EXECUTIVE SESSION: None. TIGARD CITY COUNCIL MINUTES - FEBRURARY 10, 2009 City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 1 503-639-4171 1 www.fgard-or.gov Page 19 of20 9:_42:02 PM 14. ADJOURNMENT Motion by Councilor Sherwood,seconded by Mayor Dirksen,to adjourn the meeting. The motion was approved by a unanimous vote of City Council present. Mayor Dirksen Yes Council President Wilson Yes Councilor Buehner Yes Councilor Henderson Yes Councilor Sherwood Yes Catherine Wheatley, City Recorder Attest: Ma , City of Tigard / Date: I:AADM\CATHY\CCM\2009\090210 final.doc TIGARD CITY COUNCIL MINUTES - FEBRUARY 10, 2009 Cityof Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 1 503-639-4171 1 www.tigard-or.gov Page 20 of 20