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City Council Minutes - 02/16/2010 Agenda Item C-- Meeting of r City of Tigard v4: Tigard Workshop Meeting - N mutes TIGARD CITY COUNCIL/CITY CENTER DEVELOPMENT AGENCY MEETING DATE/TIME: February 16, 2010 — 6:34 p.rn. —Workshop Meering MEETING LOCATION: City of Tigard —Town Nall, 13125 SW Hall Blvd., Tigard, OR 97223 1. WORKSHOP MEETING 1.1 At 6:32:38 PM Mayor Dirksen called the Tigard City Council Workshop Meeting to order. 1.2 Deputy City Recorder called the roll. Present Absent Council President Wilson x Councilor Buehner x Mayor Ditksen x Councilor Henderson x Councilor Webb x 1.3 Pledge of Allegiance 1.4 Council Connnunications &Liaison Reports—Mayor Dirksen said he attended a kickoff meeting for the 2010 Railvolution National Conference to be held in Portland in October. He encouraged everyone to consider taUig part. He said there hill be many interesting seminars and mobile workshops, including one he suggested that would come to Tigard (via streetcar to the MAX, MAX from downtown Portland to the Beaverton Transit Station, then WES train to Tigard), fora presentation on what is being done in the downtown area and how transit affects it. He encouraged CCAC members to be involved in flus workshop. Councilor Buehner announced that Lake Oswego now has a website regarding the water partnership with Tigard. The web address is:LOTigardWater.org. 1.5 Call to Council and Staff for Non-Agenda Items -None At 6:35:53 PM Mayor Dirksen recessed the City Council and convened the City Center Development Agency (CCDA). Deputy Recorder Krager calked the roll. Present kbsent CCDA Director Wilson x CCDA Directot Buehner x CCDA Chair Dirksen x CCDA Director Henderson x CCDA Director Webb x TIGARD CITY COUNCIL MINUTES — FEBRUARY 16, 2010 City of Tigard 113125 SW Ball Blvd.,Tigard, OR 97223 1 503-639-4171 1 wwx.tigard-or.gov I Pagel of 12 2. JOINT MEETING WITH THE CITY CENTER DEVELOPMENT AGENCY/CITY CENTER ADVISORY COMMISSION TO DISCUSS CCAC ANNUAL REPORT 6:36:29 PM Redevelopment Project Manager Farrelly said the CCAC would discuss them:annual report,urban renewal issues of mutual concern,and the CCAC goals for 2010. 6:37:06 PM CCAC Chair Craghead gave the CCAC Annual Report,noting these key accomplishments: • Downtown Land Use and Design Code - reviewed, suggested revisions and endorsed to Council • Downtown Circulation Plan—served as citizen advisory committee, recornrnended one option for further study. This Plan will come back through CCAC prior to the public heating process. • Main Street Green Street— worked with staff to conduct business and property owner outreach • Storefront Improvement Plan—launched the program • Supported various other projects He said the CCAC discussed their draft annual 2010 goals and these tivill be formally endorsed at their next meeting. The goals cover three main areas: • Continued support for key infrastructure projects • Continued support of the Storefront Improvement Plan • New tasks include spurring downtown redevelopment by exploring marketing,branding and incentives There is a copy of the CCAC Annual Report and 2010 Draft Goals in the City Recorder's office. CCAC Chair Craghead asked if there were any questions. CCDA Director Buehner noted that die Goal I reference to 99W/Greenburg should include Hall Boulevard as it is also in the urban renewal district. CCDA Chair Dirksen asked if others felt it awkward to refer to the highway as 99W. He said its official naive in Tigard is Pacific Highway. He suggested referring to it as Pacific Highway, or even just Pacific. He said this will become more irnportant as high-capacity transit is considered. The region is referring to it right now as die 99W/Barbar Corridor and he suggested that the Barbur/Pacific Corridor sounded better. I Ie asked for comment. CCDA Director Wilson said he agreed, comrnenting that Highway 26 West is also referred to as the Sunset Highway. 6:41:31 PM Redevelopment Project Manager Farrelly noted that the working title of die University of Oregon's vision document is called, "Pacific Highway to the Future." In response to a comment from CCAC Commissioner Murphy regarding impacts to signage due to a name change, CCDA Chair Dirksen said much of the corridor will be restructured, creating an opportunity for sign updates. CCAC Chair Craghead said there is a lot of local history behind the Pacific Highway name. CCDA Director Buehner asked if the CCAC was aware that Tigard may receive some funding for the Gaarde/McDonald/Pacific intersection. She said there is also some money available for the 124``Avenue extension, and$1 million to be used for Greenburg Road/Pacific Highway. TIGARD CITY COUNCIL MINUTES - FEBRUARY 16, 2010 City of Tigard j 13125 SW HaU Blvd.,Tigard, OR 97223 1 503-639-4171 1 -,vww.tigard-or.gov I Page 2 of12 CCAC Chair Craghead asked the CCDA about their needs and expectations from the CCAC for 2010. CCDA Chair Dirksen said the downtown is a major focus, including the Main Street Green Street project. He said the CCDA relies on die CCAC to monitor and work on the charrette and planning process for Main Street. 6:45:53 PM CCDA Director Wilson asked if the CCAC had reviewed the Leland Report recently. He said, "We've done the easy stuff. Now is the hard part. How do we recruit developers?" CCAC Chair Craghead said their 2010 goals came from discussions they held at a retreat and noted that the Leland Report was on the required reading list prior to the retreat. Ile said this is reflected in their emphasis on developer outreach, developer incentivizirhg and greater engagement in economic development. CCDA Director Buchner asked,tivith all tie construction that will be going on within d-ie next fete years,does the CCAC see a role for themselves in helping with outreach to people upset about traffic delays. CCAC Member Ellis-Gaut said the CCAC has discussed this and wants to be of assistance. They suggested that breakfast meetings, similar to those held at McDonalds for die Burnharn project would be helpful. Members were also interested in "walk-atounds"like what was done with Burnham Street property owners. CCAC Vice-Chair Mut-phy said the Friday morning meetings have been positive and informative. He said diene is a good exchange of information and a means provided for bringing up issues. He said it was a good model and should be used in other projects. CCDA Director Bueluner said she appreciated the communication being done with the downtown but said there were a lot of other users,particularly on Pacific Highway. She asked the CCAC for ideas on how to corruntunicate about impending Pacific Highway construction to corrnnuters and business people from Sherwood and other areas "downstream" that drive through Tigard daily. CCAC Chair Craighead said he may be able to get some volunteers to help. Ile suggested having a contact person for this construction, similar to the system in place for Burnham improvements. Councilor Buelhner also suggested contacting other city councils of these "dotvnstrearn"judsdictions, and said this might be a good role for CCAC Commissioners. CCDA Chair Dirksen asked the CCAC for their opinion on when to bring in developer representatives to preview die Circulation Plan and Development Code. CCAC Craighead responded that, "Now is a perfectly good tirne to start that dialog." CCDA Chair Dirksen said staff should be tasked widh creating a packet of information about opportunities in the Tigard downtown. Redevelopment Project Manager Nurelly said die City has hired a real estate consultant on retainer to assess properties. He said one of his goals is to organize a Developer's Roundtable this year. Metro's Transit-Oriented Development Division has offered to help Tigard with that. He said there would also be a development opportunities study done on City-owned property on Burnham in concert with a surrounding property owner. COMMUNICATION ISSUES CCAC Chair Craghead said the CCAC wanted to explore different ways to relate to the CCDA. It would be nice to know CCDA's visions. He said they CCDA gets their minutes and knows what they are doing but the CCAC often doesn't know what the CCDA is doing. He asked how the CCAC rhhight better work with d-ie CCDA. CCDA Director Wilson replied that Council gets together to brainstorm for their annual goal setting session. I Ie said with the changes in tie economy it is a good time to take stock and shift gears. TIGARD CITY COUNCIL MINUTES - FEBRUARY 16, 2010 City of Tigard 113125 SW Hall Blvd.,Tigard, OR 97223 1 503-639-4171 1 www.tigard-or.gov I Page 3 of 12 CCDA Director Bueliner said Council meeting minutes are available on the City's website. CCAC Vice-Chair Murphy asked if the GCAC members could be notified when the CCDA is on the Council agenda and they can rake sure a representative attends. 7:02:23 PM City Manager Prosser said, "It is more than CCDA meetings. Many topics on regular Council agendas may be of interest to the CCAC.We'll brake sure you are notified." CCDA Chair Dirksen asked the CCAC if they wanted a CCDA representative at their meetings more often or less often. CCAC Commissioner Ellis-Gaut replied that it would be ince to see a Councilor at their meetings more often but understands that Council members are busy. CCDA Director Webb suggested that the CCAC members may feel more freedom to develop ideas without the members of the CCDA meeting with them all the time. She said, "I feel you are the leaders on this. We can make the property deals on right-of-way, etc. but you are bringing die ideas from the community to us." CCAC Commissioner Hughes said another way to reach CCAC Commissioners is by sending CCAC Chair Craghead an e-mail. He will pass information on to die Commission. 7:09:23 PM CCDA Director Henderson said he sees die CCAC as the instrument to take care of urban renewal. He said it would be helpful to hien if they review their scope of work and tell the CCDA what needs to be done to fulfill that duty. He noted that the CCAC has a bigger job than just the downtown because it is part of the larger conununity. 7:11:14 PM CCDA Director Buelhner asked tie CCAC to help the City figure out how to get information out to the test of the City. She said there is sometimes a disconnect between people in the downtown and the greater Tigard coinmtmity. CCDA Director Wilson said dlat as Council is engaged in citywide issues, they may neglect downtown-specific issues. He said Council expects the CCAC to be aware of things going on citywide and keep a discussion going with Council on how these tongs affect downtown. For example, what do the downtown property owners think about the Transportation Plan or a parks bond? CCDA Director Webb said, "This is out hist urban renewal and it is a learning process far us. Port bloody stressed the importance of listening and communicating." She said it was time to consider biting a professional PR person for the City. She said staff does a great job but they are also busy with a lot of other work. CCAC Comi-nissioner Ellis-Gaut asked the CCDA how they prefer to hear information. CCDA Director Webb said memos or e-mails sent to the Mayor aree forwarded on to all CCDA members and can be used by them when making decisions. CCAC Commissioner Ellis-Gaut said there is a point of confusion about the connection between the Downtown Circulation Plan and the Transportation Plan. She gave as an example, the Ash Avenue crossing of Fanno Creek,which is an issue with.neighbors and environ-mentalists. TRANSPOR'T'ATION ISSUES CCAC Commissioner Ellis-Gaut said there are still political complications to the Ash Avenue Bridge over Fanno Creel:. The circulation plan has created some confusion. Is this area un the downtown or not? It's not really iuh CCAC's jurisdiction but it is muddying the waters. CCDA Director Buchner asked if when the CCAC talks to people about this plan, are they mentioning that it is a 50-year plan. She said we need to look at potential placeholders. TIGARD CITY COUNCIL MINUTES - FEBRUARY 1G, 2010 City of Tigard 113125 SW hall Blvd.,Tigard,OR 97223 1 503-639-4171 1 ,vw,,v.tigard-or.gov I Page 4 of 12 CCAC Commissioner Barkley said, "We tall:to thein from the urban renewal plan which is now a 16-year plan. They hear us coining from 16 years, not 50 years". She said her experience in talking with the public is that they are looki ng at our urban renewal and we need to stay focused on that. She said it is important for people to understand what they voted for and what Ave are going to do with it. CCAC Commissioner Louw said a concern to the residents along Ash Avenue is that they would be living on a potential through street, rather than a cul de sac,and this affects their property values. They are also concerned that Ash Avenue would become a bypass for Pacific Highway traffic during rush hours. CCDA Director Wilson said he was on the advisory board for the last Transportation System Phan update and the idea then was not to have Ash Avenue continue but to connect to Walnut which would bring cars from Pacific, through Ash to Hunziker that were bound for Highway 217 and I-5. He stated that if the downtown area is to function, a certain amount of traffic is cLucial to support retail uses;it's the lifeblood. He said he thought there was a way to mitigate the situation so that traffic would not find its way up that direction. He said he would like to know what is really bothering people, and asked, "Are the concerns mostly environmental, business, or traffic related?" CCAC Commissioner Ellis-Gaut said there are as many people concerned about die impact on Fanno Creek as for other reasons. Community Development Director Bunch said a procedural process issue is that the Downtown Circulation Plan is intended to be an add-on to the Transportation System Plan. The Ash Avenue crossing has been on the Transportation Plan for decades. It is shown on the Downtown Circulation Plan because it is on the Transportation System Plan and these documents must be consistent. He remarked that the downtown area is disconnected from the rest of the community and one key criteria for the success of a downtown or any economic endeavor is mobility and connectivity. He said the have to achieve a balance between consistency with die TSP and connectivity. CCAC Coirunissioner Barkley asked at what point are the going to ask people what they think of things,and not pretend it's not there. CCDA Director Buehner agreed and said this was an issue when she was on the Planning Commission phot to being on Council. She said,"We absolutely need another creek crossing to make the downtown circulation function. We need to figure out which will cause tie least amount of problems and get the biggest bang to support this urban renewal district." CCDA Chair Dirksen said going out into the community and talking to people about what is corning is Light. F Ie said the Ash Avenue neighborhood (lhis neighborhood) had some incorrect information in the past about a potential creek crossing. He said, "We need to have two-way conversation to clarify and clear the air." CCAC Corrunissioner Barldey said, "We can't do that in City Council minutes. We can't do it at a Coffee." CCDA Chair Dirksen said he agreed and the conversation should take place around someone's coffee table. CCAC Chair Craghead said, "We need a vision piece that shows how it could be done and how it would interact with the park and the creel:." CCDA Director Wilson cautioned, "This is just a plan. There is no money for any of this. Before going out and getting everyone all alarmed,rbalize that there will be several more updates of the Transportation Plan before this is ever done. Let's not start talking to people until it's going to happen. If people have concerns about it,by all means let's tall.about it. But I wouldn't go out and cause alarm." Comi-mmity Development Director Bunch said a crossing of Fanno Creek is one of tie lowest priorities in the region and there is a whole range of other projects what will be financed fust. I-ie said, "It is so many years in the future that our great-grandchildren will be talking about this. Put the project in the long-teen scope of probability." He commented that a circulation or street plan is the most important component in a downtown plan. TIGARD CITY COUNCIL MINUTES - FEBRUARY 1G, 2010 City of Tigard 113125 SW Hall Blvd.,Tigard, OR 97223 1 503-639-4171 1 www.tigard-or.gov I Page g of 12 City Manager Prosser said he agreed with CCAC Commissioner Barkley that old communication methods won't work and the City is looking at more proactive ways to reach out to the community and go to where they are rather than expectuhg thein to always come to us. He said,"If the CCAC can help—wonderful. Giving us a heads up on issues is great." City Manager Prosser said, "The rub with projects like the Ash Avenue extension is that the Transportation System Plan looks at road needs for die entire community. There will be hot-button projects throughout that Plan. Do we develop a public communication plan for just the hot-button projects,in which case the really large projects get ignored,or do we focus on the larger picture? By the same token, as Community Development Director Bunch said, the Downtown Circulation Plan must be consistent with die Transportation System Plan." I-Ie asked how we put something like the Ash Avenue extension,which probably wouldn't get built in our lifetime,into context with die breaking up the blocks and improving the way we move around in the downtown,which is really the major focus of the Downtown Circulation Plan. CCAC Chair Craglnead said there needs to be a politically nuanced response to this;we don't want this spilling over. CCAC Chair Craghead asked if the Transportation System Plan will take longer to complete than the Downtown Circulation Plan. CCDA Director Buchner said the the overall transportation plan needs to be done first. Community Development Director Bunch said the City doesn't have to adopt thein both at the same tune and can require right of way once the framework is adopted. CCAC Commissioner Louw asked if the Downtown Circulation PIan can be approved if there is a developer who wants to come in before the TSP is approved. Coma-nLuzity Development Director Bunch offered a point of clarification, "If we had a $1 million dollar development—we could amend our current Transportation Plan with the Downtown Circulation Plan that we have right now. What we want to do is engage the community, have theta comfortable with tie plan, deal tividi issues and make it fit and work for die downtown." CCDA Director Buchner asked Redevelopment Project Manager Farrelly when staff would bring the Circulation Plan back for discussion. He replied that he will take it back to the CCAC and then schedule a workshop and make sure the CCAC is notified of that meeting. At 7:=19:30 PM CCDA Director Webb moved for adjourninent of the CCDA meeting and CCDA Director Buchner seconded the motion. All voted in favor.and the CCDA meeting was adjourned. He called to order the City Council. 3. REVIEW OPTIONS FOR AMENDING TFIE TIGARD MUNICIP_t1L CODE REGARDING ADVERTISING SIGNS IN PUBLIC RIGFIT-OF-WAY (ROW) Assistatht Community Development Director Hartnett and Code Enforcement Officer Darnell presented this item. Assistant Conhtnunity Development Director Hartnett gave Cou ncil a brief historical perspective of tis issue. She said that staff, frustrated by the proliferation of signs illegally placed in the right of way,implemented a new procedure in early 2005. In that process, signs removed by the City were no longer retained for retrieval by tie owners. After about a year, a letter was received from the Portland Metropolitan Association of Realtors (PMAR) raising concerns about the destruction of personal property and the lack of notification to owners about their sign removal. This was discussed with Council in October,2009 and direction was TIGARD CITY COUNCIL MINUTES - FEBRUARY 16, 2010 City of Tigard 113125 SW Hall Blvd.,Tigard, OR 97223 1 503-639-4171 1 w%vw.tigard-or.gov I Page G of12 provided to staff on general parameters fora revised procedure that continued to meet the City's desire to maintain safe and clean ROW but would better meet due process standards for die seizure and disposal of personal property. She said part of flus proposed process is the institution of a retrieval fee. Assistant Community Development Director Hartnett said staff's recommendation is in Attaclnnent 1 of the Council packet for this item. Their recommendation is to implement a process that includes docuunentation of the illegal location of the sign through completing a form and photographing the sign in the ROW location. Signs illegally placed in die ROW will be removed. The signs will be inventoried and kept in what staff is referring to as the sign"corral." Sign owners are provided an opportunity to retrieve them and will be charged, a fee. She said staff has already been working with the City Attorney on this and is now seeking Council input Code Enforcement Officer Darnell discussed the process used to research fees and arrive at die recom- mended retrieval fee of$40. She said details were in Council packet Attaclnnent 2. She summarized die three major avenues staff studied: • What is being charged by oder jurisdictions - (average fee is $50.60) • What would it cost for City staff to maintain this program - (docurnenting, confiscating,and retrieving illegal signs (average staff time cost is $86.16) • What is the Purchase price of a sign - There are many variables. Lawn signs and a-board were differentiated and the cost-spread is wide because materials vary. (range of$5-$43 for lawn signs; A- board signs range from$35 to $137) Code Enforcement Officer Darnell said staff recon-nnends a uniform retrieval fee of $40. Tliey also reviewed several ways to implement the program such as grace periods, or no fee for first-tune offenders. These were determined to be too difficult to track. Staff recommends delaying initial sign sweeps until after a few months of public outreach. Assistant Cotrununity Development Director Hartnett outlined a potential process and schedule: • Council action- March • Finalize sign corral location--April • Construct corral—May/June • Create forms and a procedures manual • Set up sign tracking in Accela program • Fee would be added to Master Fees Schedule • Implement in June and July-PIVIAR and other industry groups will help get the word out. • Wait until August to do any sweeps. 8:03:00 PM Assistant Community Development Director Hartnett asked if Council had any questions Councilor Bueliner asked who would be authorized to pick up the signs. Code Compliance Officer Darnell said she would primarily be, with die addition of some of die Public Works staff. They will carry forms and cameras for accurate identification of the sign and the right of sway location. Councilor Buehner asked if coverage would be Iiunited to 8-5 on Mondays through Fridays. Assistant Community Development Director Hartnett said the Police Department wanted to train some staff and this will be discussed further with Chief Ort. Councilor Buehner said if a majority of these signs are real estate signs, many would be for weekend open houses. TIGARD CITY COUNCIL MINUTES - FEBRUARY 16, 2010 City of Tigard 113125 SW Fall Blvd.,Tigard, OR 97223 1 503-639-4171 1 ivwxv.tigard-or.gov I Page 70f12 Assistant Community Development Director Harnett noted that while a majority of signs in the right of way are real estate signs there really is a broader range of signs. She noted that Code Enforcement Officer Darnell even sate an illegal sign that morning advertising a sign maker. Councilor Webb asked if the representative from the Portland Metropolitan Association of Realtors (PMAR) who was in the audience could speak. Mayor Dirksen asked if any member of Council was opposed to allowing this and none were. PMAR representative Daryl Winand, distributed to Council some information used to educate their members about sign codes in different jurisdictions. He said this was precipitated by his letter and his concern at that time was the disposal of private property. I Ie said, "Your citizens want realtors to use those signs to market their homes." Councilor Buehner described an incident where a child was hurt in her neighborhood by running into a realtor sign on a sidewalk. She suggested that property owners wanting to have an open house could have their realtor ask neighbors for permission to put a sign on corner properties. She said she picks up illegally placed A-frame signs frequently and returns thein to the open house location. She notifies realtors at the open house property that these signs are illegal in Tigard. She noted they never acknowledge that they've heard of this law. Mr. Winand said, "I advocate for the property owner asking for permission from a neighbor to place the sign on their property." But he said there are some properties that don't lend themselves to this. Councilor Webb asked Mr. Winand if his organization would give this information to their membership. He said he certainly would put out the information to their membership. 5:13:06 PM Council President Wilson asked if there was a fine. Assistant Community Development Director Hartnett said it is not a fine; it is a fee to cover the costs of retrieval. Council President Wilson said if there is no fine there is no penalty. Assistant Community Development Director Hartnett said that staff could still go through the citation process as allowed in Tigard's code. She said this remains ail option for a continual offender. She said either paying a retrieval fee or having to replace a sign has a financial impact on the behavior. Council President Wilson said identifying die right of way location would be difficult. Assistant Community Development Director F Iartnett agreed and said some of the public works supervisors will be using their laptops to look at map overlays to triangulate and identify the location. She said this is part of the reason the sign locations will be documented. Code Enforcement Officer Darnell said most of these illegal signs are blatantly placed on sidewalks, in the streets, or are taped and stapled to stop signs. In response to a question from Councilor Henderson on the size of the holding corral,Assistant Community Development Director Hartnett said she estimated they would need a space about 20 feet x 20 feet in a triangular shape. Councilor Henderson asked what the process is for people to retrieve their signs. Assistant Community Development Director Hartnett said you would need to conte to the Permit Center where trained staff will take you out to the storage area to look through the retrieved signs. If your sign is identified you can pick it up and return to the Permit Center to pay the fee. Mr. Winand asked if there would be a way for citizens to determine whether their property is 111 the right of way. Assistant Community Development Director Hartnett said that is available now online through Tigard Maps. TIGARD CITY COUNCIL MINUTES - FEBRUARY 16, 2010 City of Tigard 113125 SW Hall Blvd.,Tigard, OR 97223 1 503-639-4171 1 www.tigard-or.gov I Page 8 of 12 Code Enforcement Officer Darnell said she has spoken to hundreds of realtors and offers to help them. She said some do come in she gives them an aerial photo shoving exactly where the right of way is along the route on which they want to advertise. She said those realtors, however, are the exception. Mr. Winand said PMAR gives Code Enforcement Officer Darnell's contact and website information to its members. Mr. Winand gave some statistics on the amount of days homes are on the market and how signage can shorten that time period. He said homes take an additional 30 days to sell in Tigard, compared to Portland, West Lunn or Wilsonville, all places where portable A-frame signs are allowed in the right of way. Code Enforcement Officer Darnell expressed surprise at his statistics because her recent broadcast survey of area code enforcernent professionals found no cities d-iat allow A-frame signs in the public right of way. Mr. Winand replied that eight local cities do allow this and West Linn adopted a resolution to temporarily rescind its enforcement of A-frame signs in the public right of way for specific tunes such as Tuesday 10:00 a.m. to 3:00 p.m. broker tours, plus weekends. He said they did this because of the economic downturn and their resolution has been extended for an additional period of time. Councilor Buehner said she is a real estate lawyer and though very concerned about real estate,wanted Mr. Winand to understand her safety concerns about A-frames in the right-of-way,particularly on hills. She said she was not as worried about Tuesday broker showings because children are in school, unlike on weekends. Mayor Ditksen asked Mr. Winand if lie had reviewed Tigard's proposed code changes and if he was prepared to comment on them. He said he had, and reiterated that PMAR is supportive of education and enforcement. I Ie said they encourage their members to obey sign code latus. Council President Wilson asked a question about assigning value to property seized such as a hand-printed "LOST CAT" sign. He asked if those would just be thrown away. Assistant Community Development Director Hartnett said the code speaks to signs, not the material they are made of. Site said it is more difficult with items such as baby strollers or bile tires that may have ended up in the right of way not because a person was getting rid of theta, but because they accidentally rolled in. She said staff has worked with the City Attorney to provide guidance to Public Works Department staff who remove things from the right of way that someone might want to clauxt. She said Public Works will set up an area near the refuse bin to hold such items for a period of time. Council President Wilson asked if the City Attorney could set sone parameters based on value. Assistant Community Development Director Hartnett said she will pursue that with the City Attorney and noted that Police Chief Orr is interested in developing some parameters for items picked up by officers. Council President Wilson said some of the worst offenders are owners of personal property such as basketball hoops and "slow down for kids" signs that are placed in the travel lane. He asked if staff could include in the public information a message that these ace illegal too. Assistant Community Development Director Hartnett said they could. She said basketball hoops were a contentious issue in neighborhoods and staff hopes that by using mediation services, neighbors can learn to live near one another, rather than use the City's code enforcement services as a way to resolve disputes. City Manager Prosser noted that this topic is covered periodically in the Cityscape and is part of the City's on-going public information effort. Councilor Webb predicted that more baby strollers will be found abandoned in the City's rights of way now because so many older nodels have been recalled and can't be resold. Thrift stores will no longer take them because of liability issues. TIGARD CITY COUNCIL MINUTES - FEBRUARY 16, 2010 City of Tigu:d 113125 SW Hall Blvd.,Tigard, OR 97223 1 503-639-4171 1 wvw.tigard-or.gov I Page 9 of 12 Councilor Henderson asked about the people who dance around with a sign on a cornu. Code Enforcement Officer Darnell said Tigard currently has no rules against live advertisers. Mayor Dirksen asked if Council was ready to take action on this next month and they agreed that they were. This ordinance change will come back to Council at the next business meeting. 4. PERIODIC REVIEW UPDATE Senior Planner Wyss updated Council on the progress of the periodic review of the City's land use regulations and Comprehensive Plan. Ide said that due to budget issues, the Department of Land Conservation and Development (DLCD) temporarily suspended approving any additional work programs,including Tigard's,in March, 2009. Subsequently, the state's budget was adopted with adequate funding for periodic review grants and they commenced the process of reviewing work prograrns in October,2009. He said that through discussions widh the Department of Land Conservation and Development (DLCD), two tasks were removed from the City's work program: 1) developing a Wellhead Protection Program and 2) Incorporating a Technical Analysis of Clackamas River Water Right Extension into Tigard's Comprehensive Plan. He said both were recommended for removal by the DLCD because they are outside the required scope of Periodic Review. Senior Planner Wyss noted that while these tasks are not required, they were identified by state agencies and staff believes they warrant some consideration for future attention. Senior Planner Wyss announced that the City received a$35,000 grant for an Econornic Opportunities Analysis (EOA). He said completing the EOA will help provide the necessary findings for Tigard Zoning Map employment land updates. I Ie said staff is working with the DLCD to finalize a scope of work and the grant contract and approved work program will arrive within three weeks. Councilor Henderson said he understood that when DLCD suspended the work, staff was not going to be working on this and then when it was reinstated, any prior work would be done by addenda. I Ie asked if any addenda have been issued. Senior Plaruier Wyss said one item was updating the Transportation System Plan which Tigard was already in the process of doing and is almost complete now. IIe said another task was the update of the Downtown Development Code,which Council just approved. Mayor Dirksen said it will be interesting to see results of the Economic Opportunities Analysis to see what impacts the changes made to the downtown code have on it. It will also be helpful when we look at the Tigard Triangle codes and zoning. Senior Planner Wyss agreed that the Economic Opportunities Analysis, along with the Pacific Highway High-capacity Transit Study,would be very useful information. 5. 5:=14:51 PM DISCUSS TREE CODE UPDATE PROJECT SCOPE, SCHEDULE AND PROCESS Associate Planner Floyd presented the scope, schedule and process for the Tree Code Update Project. Staff has added feedback fronh joint meeting Council held with the Planning Cornnussion on January 19, 2010. The goals driving the process are: * Consistency with applicable plans and regulations Consistency with Cornrnunity Values. TIGARD CITY COUNCIL MINUTES - FEBRUARY 16, 2010 City of Tigard 113125 SW Hall Blvd.,Tigard, OR 97223 1 503-639-4171 1 ww-w.tigard-or.gov I Page 10 of12 Associate Planner Floyd said the project goals have five deliverables which are available in both options. The results -,viii be the same but the path taken is different. He described two different options and schedules; this information is also provided in the Council packets. • Option 1 offers a comprehensive and integrated approach to overhauling tree regulations and would take approximately 18-24 months to complete. This approach would include enhanced public involvement to reach consensus on potentially polarizing issues. • Option 2 is a phased approach that fast tracks mitigation and development codes. This option would not allow formation of a Citizen Advisory Committee. Staff would need to allow the Tree Board and stakeholders to develop solutions. Staff estimates that Option 2 would take one year to complete. But remaining efforts would take additional time and would need to be programmed into future years. Associate Planner Floyd discussed Attachnnent 3—Summary of Tree Code Update Project Scope, Schedule and Process Options which lists advantages and cautions about each option. Councilor Bueliner asked if there are any areas of this Code that aren't controversial, and asked if the City could select Option 1,but fast track things that are non-controversial. Associate Planner Floyd said it may be hard to pull out individual aspects. Community Development Director Bunch said discussions with stakeholders indicate their priority is getting mitigation addressed,which is one of the more contentious matters. He said there may also be other parts of the Tree Code drat don't seem to be controversial, such as Hazardous trees,but then turn out to be. Staff is asking how much additional public involvement is necessary. He said it was up to Council whedler to tackle just die more controversial aspects now or take on die entire Tree Code as a whole,as was done with the Comprehensive Plan chapters. Councilor Webb replied, "I want to do it as a whole and I want public input. I'd just as soon do it right,with the greatest amount of input..." Council President Wilson agreed, saying he saw no need to rush it. Councilor Buehner said she was in general agreement. Mayor D rksen commented on the considerable amount of time already spent on an interim tree code. He said, "It was ultirnately unsuccessful,but there was a lot of engagement and we got a lot of input. Let's not start from scratch. Let's begin with what we learned there and carry forward from that point." Councilor Henderson asked if there were fiscal differences between the two plans. Assistant Conirnunity Development Director Hartnett said she didn't think so. She said there are funds in the current budget to begin the tree grove inventory and there is a request in next year's budget to continue that work. She said that will require dne services of a consultant and a full State Goal 5 Analysis will probably be necessary. Councilor Buehner recommended joint Planning Commission and Council workshops. Community Development Director Hartnett said there should be some efficiency in bringing together one package for both groups. Council President Wilson said the danger of waiting too long is that a code can get overly complex as a result. He said,"A wellwritten code is one that is elegant in its simplicity to achieve the primary end for which it is written." TIGARD CITY COUNCIL MINUTES - FEBRUARY 16, 2010 City of Tigard 13125 SW Hall Blvd.,Tigard, OR 97223 1 503-639-1171 1 iv,.vtw.tigard-or.gov I Page 11 of12 Councilor Henderson inquired about the use of a facilitator to tneet with stakeholders, and how dint person would be selected. Assistant Cominhunity Development Director Hartnett said the City will follow its Request for Proposal process. She said there will be enviroiu-nental,housing and other stakeholders represented so staff may find it difficult to referee and avoid polarization. A facilitator can snake sure everyone gets heard and can help define consensus. Councilor Henderson said he agreed with the use of a trained facilitator and thought it would help get away from the perception that staff is telling people what to do. 6. ADJOURNMENT At 9:09:06 PM Mayor Dirksen motioned for adjournment.The(notion was seconded by Councilor Buehner and all voted in favor. Yes No Council President Wilson x Councilor Buehner x Mayor Dirksen x Councilor Henderson x Councilor Webb x Carol A.Krager,Deputy City Recor er Attest: ay r, City of Tigard Date I AADM1CAT1-IYICCM120101100216,doe TIGARD CITY COUNCIL MINUTES - FEBRUARY 16, 2010 City of Tigard 113125 SW Hall Blvd.,Tigard, OR 97223 1 503-639-4171 1 www.tigard-orgov I Page 12 of 12