Loading...
City Council Minutes - 02/15/2011 Agenda Item No. 3.A.2. Meeting of March 15 2011 q City of Tigard Tigard Workshop Meeting - Minutes TIGARD CITY COUNCIL AND CITY CENTER DEVELOPMENT AGENCY MEETING DATE/TIME: February 15, 2011 —6:30 p.m. —Workshop Meeting MEETING LOCATION: City of Tigard—Town Hall, 13125 SW Hall Blvd.,Tigard, OR 97223 R 1. WORKSHOP MEETING A. At 6:33 p.m. Mayor Dirksen called the City Council and City Center Development Agency meeting to order. B. Deputy City Recorder Krager called the roll: Present Absent Council President/CCDA Director Buchner x Mayor/CCDA Chair Dirksen x Councilor/CCDA Director Henderson x Councilor /CCDA Director Wilson x Councilor/CCDA Director Woodard x C. Pledge of Allegiance D. Council Communications &Liaison Reports -Mayor Dirksen has submitted for future packet information some JPACT information recommending flexible funds for projects. Also included were an update on transit-oriented development,and an updated list of federal funding appropriation requests,which features several City projects including the Gaarde/Pacific intersection and two Washington County recommended projects: Fanno Creek Trail System and Highway 217 improvements. Both projects would benefit Tigard. E. Call to Council and Staff for Non-Agenda Items—None TIGARD CITY COUNCIL MINUTES — FEBRUARY 15, 2011 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 1 www.tigard-or.gov I Page 1 of13 2. UPDATE THE CITY CENTER DEVELOPMENT AGENCY WITH THE 2010 ANNUAL REPORT OF THE CITY CENTER ADVISORY COMMISSION LSI CCDA Members present: Chair Dirksen,Director Buchner,Director Wilson,Director Woodard and Executive Director Prosser and CCAC Staff Liaison Farrelly. CCAC Commissioners in attendance were: Ralph Hughes,Phillip Thornburg,Alexander Craghead,Alice Ellis Gaut, Chair Thomas Murphy,Elise Shearer,Peter Louw and Linli Pao. CCAC Staff Liaison Farrelly described the charges of the City Center Development Agency (CCDA) and City Center Advisory Commission (CCAC). He said the CCAC is also acting in an advisory capacity to the Main Street Green Street project. CCAC Chair Murphy thanked the CCDA for their continued support, particularly CCDA Director Henderson who, as liaison to the CCAC,attended every one of their meetings. He asked CCAC Commissioner Craghead (former Chair) to introduce the CCAC 2010 Annual Report. !d.J CCAC Commissioner Craghead highlighted three notable accomplishments. • The CCAC worked with Tigard's Park and Recreation Board to determine an appropriate level of downtown area investment from the Parks Bond. The compromise reached was 10%,or$1.7 million. • The fagade improvement program started this year and the first project (Tigard Liquor Store) was completed. • The Downtown Circulation Plan recommendation was forwarded to the Planning Commission and then will come before Council. CCDA Chair Dirksen asked if the CCAC was in general agreement on the Circulation Plan. CCAC Commissioner Craghead said he didn't see any major roadblocks but the CCAC wants the assumptions verified as the Plan moves forward. He said the underlying framework and strategies have CCAC consensus,in general. CCDA Director Buchner asked if an issue regarding the connection of Hall Boulevard to Garden Street was resolved. CCAC Commissioner Craghead said it is on the map but is not a priority connection. CCAC Staff Liaison Farrelly said a consultant will be hired to assist with some code amendment language related to the Circulation Plan so it will be a few months before it goes to Planning Commission public hearings. CCAC Chair Murphy said the CCAC met in an all-day retreat in January and identified their goals for 2011. TIGARD CITY COUNCIL MINUTES - FEBRUARY 15, 2011 Cityof Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 1 www.6gard-or.gov I Page 2 of13 CCAC Commissioner Ellis Gaut spoke about turning the vision of a downtown plaza into a reality. She recounted the history of the Fanno Creek Park and Plaza Master Plan, noting that the property initially identified for the plaza apparently is unavailable. She said the CCAC is excited that the bond measure passed and they had obtained 10%in dedicated funds for acquiring open space in the downtown area. She said because of the three-year time limit on accessing those funds, there is urgency to identify appropriate spaces and pursue land acquisition. The CCAC hopes to work with staff this year to develop criteria,identify sites and talk to potential sellers. CCDA Chair Dirksen commented that the CCDA discussed the plaza issue a few months ago regarding problems with the initial site. He said he was pleased the CCAC would reconsider other sites. He said, "It would be easy to say we've done a plan for a particular site and we're going to stick with that until it is finally available. I think that would be a mistake. I'm glad we are moving forward;we are on the same page." _0 CCDA Director Buehner asked if the CCAC is working with the Parks Board. CCAC Commissioner Ellis Gaut said they intend to work closely with PRAB and hope to have one or two CCAC members acting as liaisons to PRAB on this specific issue. HCCAC Commissioner Louw discussed the Ash Avenue railroad crossing. He said this developed out of the Circulation Plan and is the most likely place for the first cross street to increase business access. He encouraged the long-term prospect of this railroad crossing because downtown development is severely hampered without new street structure and circulation is critical to developing a commercial retail environment. He said this will require active City participation with the railroad and thanked Council for adding this to their goals. CCDA Director Wilson asked if Consultant Dick Singer had weighed in on circulation. CCAC Staff Liaison Farrelly replied that he did not. CCDA Director Buehner reminded everyone that the crossing issue is tied to a redesign of the Tiedeman/North Dakota intersection and railroad crossing. CCAC Commissioner Louw said, "We'll take a pedestrian crossing if that opportunity becomes available before a full crossing." CCDA Chair Dirksen said that was duly noted but they may want to talk to Lake Oswego about the difficulties they experienced with the railroad in obtaining a pedestrian crossing in conjunction with their Millennium Plaza. CCAC Commissioner Louw said through CCAC Staff Liaison Farrelly and Metro's efforts, they received the services of consultant Michelle Reeves,who is setting up a series of meetings with downtown stakeholders on developing a business environment. He said the CCAC may be coming back to Council and requesting assistance in developing downtown marketing coordination leadership. TIGARD CITY COUNCIL MINUTES - FEBRUARY 15, 2011 City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 1 www.tigard-or.gov I Page 3 of13 CCAC Commissioner Thornburg commented on the formulation and implementation of a marketing program. He said downtown Tigard needs: • Events to bring people there so they can see what we have to offer • Open space for events and parking • An open space that is close to the physical heart of downtown He said there are four more meetings planned with Consultant Reeves that will include City government,committee members,business and property owners, and any interested citizens. Meetings are held at the Tigard Chamber of Commerce. Two walking tours are planned, one through downtown Tigard and one to the Mississippi area in north Portland. CCDA Director Buchner commented that there seemed to be a disconnect between Main Street and off-Main Street businesses and asked if there had been any discussion on this. CCAC Chair Murphy said that was a point well taken. He said one of their 2011goals is to consider expanding the facade improvement program onto other streets within the urban renewal district. He said that may be a way to start integrating the interests of off-Main Street businesses. CCAC Staff Liaison Farrelly mentioned that Consultant Reeves was briefed on past efforts and understands the challenges. She has observed some Main Street businesses working together on coordinating events and advertising,and hopes to capitalize on that energy moving forward. CCAC Commissioner Louw noted that one of the consultant's focuses is on what can be done to bring people to an area. He said she has chosen a small section of Main Street as the critical mass to begin. Once something gets started,it can be spread to a larger area,but if there isn't a place where people want to come and walk,you can't go much further with it. He said, "It is more focused than previous attempts and because of that, I think it is more likely to be successful." CCDA Director Woodard said events are always a good thing. He said, "I've always thought from the premise,if you really want to brand the downtown and find the heart,you have to bring people together. Some might say you need to have development in here first,but it is like the chicken or the egg." He said he would rather find good ways to bring people together and get them excited about what is possible. CCDA Director Buehner said the railroad tracks divide the downtown. She said businesses north of the tracks have more in common with each other than those south of the tracks. She said the City needs to join the upper part of Burnham Street and Ash Avenue into Main Street. CCAC Commissioner Louw said he agreed and that is why the CCAC realized the need for a circulation plan to encourage more cross traffic. CCDA Chair Dirksen said a lot of it is perception. He said holding events downtown give people a chance to discover that walking between the areas divided by the tracks is easier now with the sidewalks and crossings put in with the WES station. TIGARD CITY COUNCIL MINUTES - FEBRUARY 15, 2011 Cityof Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 1 www.6gard-or.gov I Page 4 of13 CCDA Director Wilson said the consultant had some good observations and he agreed with them. He asked if the City should locate the plaza where the center of downtown is now or where it may be in the future. He said there are many places where events could happen now such as a parcel that the City owns, and empty parking lots. CCAC Commissioner Ellis Gaut said, "We have talked about this. Our goal is to figure out what part of downtown should be the plaza." CCAC Commissioner Pao suggested bringing the Tigard Farmers Market to the city-owned parking and unused property downtown. She noted the proximity to transit,Ash Avenue and Fanno Creek. She said an event to mark moving the Market would bring a lot of people downtown. CCDA Chair Dirksen suggested that a parade and event be held to celebrate the Burnham project's final completion. He said the City's budget is extremely constrained but thought that the businesses on Burnham might want to come together and do a public celebration. I-Ie asked what date Burnham will be done and if it coincides with the opening of the Farmer's Market. Engineer McMillan said there is a celebration planned for July,which incorporates the opening of the dog park and the park and ride lot. She said there would be sidewalk chalk art contests; prizes would be gift cards to downtown Tigard businesses. CCAC Chair Murphy spoke as a Burnham Street business person and said that since the project broke ground,it has gone amazingly well. He said it was a difficult project to coordinate and Engineer McMillan and the contractor did a great job. CCAC Chair Murphy said the CCAC is a maturing entity and is five years into a twenty-year process. He said it is time to take stock. He said development is central to their plans for this year. He asked if Council had questions on their goals. CCDA Director Wilson asked if there was something in their goals regarding recruiting tenants to fill vacant properties. In response,CCAC Chair Murphy said it was in III —Development- Promoting downtown Tigard,communicating with CCDA about possible incentives to develop, and by soliciting businesses that include tenants as well as owners. CCDA Director Wilson asked if Consultant Reeves'work was also geared towards building owners who are looking for tenants. CCAC Commissioner Ellis Gaut said it very much was. CCDA Director Wilson said,"Obviously,we don't have a lot to say about that, but if there was a tenant who might pay the rent but wouldn't actually add a lot to the vitality of the region,is there some way we could leverage our wishes?" CCAC Commissioner Louw replied that the consultant would be discussing this at the next meeting,Tuesday,February 22, 2011, at 4:00 p.m. at the Tigard Chamber of Commerce TIGARD CITY COUNCIL MINUTES - FEBRUARY 15, 2011 Cityof Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 1 www.dgard-or.gov I Page 5 of13 Building. He said a discussion will be held on attracting tenants to sustain long-term growth. He said building owners will benefit from getting successful businesses in their buildings. CCDA Chair Dirksen said he suggested that people think of types of businesses that would encourage commuters to patronize them. He asked how to convince property owners to repurpose existing buildings for these uses. CCAC Commissioner Shearer said there is a need to attract a quality anchor tenant. CCDA Director Buehner said the downtown needs a grocery store and asked if that was on CCAC's to- do list. CCAC Commissioner Ellis Gaut said, "I've been lobbying for this for years. We need a quality grocery store;we need a book store... You can't have people living there if there is no place to buy food." CCDA Director Woodard asked if Tigard has a commercial broker. CCAC Staff Liaison Farrelly said that is a priority. CCDA Director Buehner said getting the New Seasons store locked in at the old quarry area south of Murrayhill was the critical piece to the entire commercial development project. CCDA Chair Dirksen suggested a Trader Joes. CCAC Commissioner Shearer said zoning might need to be evaluated. She suggested if there isn't a big enough property to attract a major grocery chain supermarket to the downtown,we might consider what it would take to attract a butcher,a baker and other small niche businesses that could collectively work together to fill this need. Commissioner Shearer noted that two small meat markets in the Tigard area have been featured in the Oregonian as some of the best in the area. CCAC Staff Liaison Farrelly asked what the CCDA's and CCAC's comfort level was regarding tenant incentives. CCDA Director Wilson responded that he's heard comments from various retailers that locating in a group creates the synergy to cause more business, not less. Competition brings in more people to an area. Mayor Dirksen agreed that businesses do better when clustered but cautioned against incentives that are unfair to existing businesses. He said he didn't see any potential incentives listed that he was opposed to,and crafted correctly, any of them would be supportable and useful. CCAC Commissioner Louw said he has heard from downtown business owners that the City's signage codes are too restrictive. He said people cannot drive down Main Street and see what businesses there are. Better signage could make a difference of$50 to $100 a day to a small business. CCDA Director Buehner it was critical that the City meets ADA requirements and one of the Green Street changes is to make wider sidewalks,which will open up opportunities for different kinds of advertising. CCDA Director Woodard asked what happened to the old signage on the poles. CCDA Executive Director Prosser said they were torn and damaged. CCAC Commissioner Shearer suggested suspending banners above the level of parked cars. TIGARD CITY COUNCIL MINUTES - FEBRUARY 15, 2011 Cityof Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 1 www.tigard-or.gov I Page 6of13 3. PRESENTATION ON MAIN STREET PARKING OPTIONS FOR THE MAIN STREET/GREEN STREET RETROFIT PROJECT Engineer McMillan introduced parking consultant Rick Williams and Gary Alfson,Associate Principal at Harper Houf Peterson. She said Redevelopment Project Manager Farrelly also worked with her on this project. She noted that the CCAC voted to support the recommendation that will be presented tonight. Engineer McMillan said four meetings were held with Main Street business owners. Staff heard that they wanted more involvement, so a Parking Discussion Group was formed. She said a Main Street business representative from Tyler's Automotive was present and she thanked her for her attendance and participation. She said there has been between 10-14 Main Street business owners at each meeting. Two of their main concerns are parking and construction. Parking options included 1) all parallel parking with improvements and 2) slightly adjusted angle parking. She said the Parking Discussion Group was not in favor of parallel parking. They agreed to sacrifice some spaces if somewhat modified angle parking was kept. She said the main difference between the two options is the sidewalk width. With angle parking, there won't be the 12-foot sidewalks, however some existing businesses already have them, for example,in front of Max' Fanno Creek Brew Pub and Cafe Allegro. Redevelopment Project Manager Farrelly noted that the Green Street treatment adds three feet onto the existing sidewalks so we are not losing any pedestrian way. Council President Buchner mentioned that some employees of downtown businesses are parking in front, taking space away from potential customers. Engineer McMillan said Consultant Williams will work with business owners and the City to develop a parking management plan. Engineer McMillan said the City committed to allow the use of two lots on Burnham for parking during construction. Staff also talked with business owners above Burnham and Main about a public/private partnership for parking. She acknowledged Tyler's Automotive and the car wash owners for agreeing to ask their employees to park off-street. Engineer McMillan presented a PowerPoint on the Main Street Green Street project. A copy of this presentation is in the meeting packet. She called attention to the angled parking and pedestrian bulb-outs and raised crosswalks. Redevelopment Project Manager Farrelly said pedestrian safety was an important component, mentioned by all stakeholders and these crosswalk features support it. Council President Buchner asked if TriMet is involved in these plans. She was concerned with busses speeding on Main Street, especially as they near Commercial Street. TIGARD CITY COUNCIL MINUTES - FEBRUARY 15, 2011 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 1 www.tigard-or.gov I Page 7 of13 RSM Consultant Williams spoke about how parking designs support the Main Street project. He presented a PowerPoint on the advantages of a well-designed parking plan. A copy of his presentation is in the meeting packet. He said he concurred with the suggestion of the CCAC and Parking Discussion Group. Council President Buchner suggested using Tigard Street as an area for additional parallel parking. Engineer McMillan said that hadn't been considered, but they could look at that. Councilor Wilson asked about back-end angle parking. Consultant Alfson said that makes it safer for pulling out but in Main Street's case the angle is too steep. He said the speed of through traffic will be slowed somewhat by the raised crosswalks and narrow lanes. Consultant Williams agreed that head-in parking is easier and he has found the back-in parking is best for cities that have inclines, such as Seattle. Council President Buehner asked about the turnaround at the south end of Main Street at Pacific Highway. Engineer McMillan said a discussion regarding a turnaround would need to occur at a later date due to uncertainties regarding right of way and other details. Councilor Wilson said this was a great idea and suggested putting in another at the other end of Main Street. NMayor Dirksen said, "It wouldn't be Tigard Main Street without angled parking." Council President Buehner agreed. Councilor Woodard said he also liked angled parking but lamented the lack of space for more street furniture. Councilor Wilson said wide sidewalks are already sprinkled throughout downtown in areas such as Burnham Street. He suggested that if the time comes that there are too many pedestrians to fit on the sidewalks,we may have to reconsider, but for now this is appropriate. 4. BRIEFING ON THE ECONOMIC OPPORTUNITIES ANALYSIS HSenior Planner Wyss introduced this item and gave an update on the project. He described the Economic Opportunities Analysis (EOA) as a technical exercise,which compares the projected demand for, and existing supply of,employment and industrial lands. Senior Planner Wyss said the EOA is included as a work task in the statewide periodic review. The City received grant funds from the Department of Land Conservation and Development (DLCD) for consultant help. The City hired Cogan Owens Cogan to assist with the task and work began last June. He discussed the project tasks which have been completed and reviewed by the Planning Commission. He said the Planning Commission acted as the Citizen Advisory Committee on this project. While they were interested in discussing economic development in a broader sense, such as business recruitment and business cluster development, the EOA as required by the periodic review has a very narrow focus and these topics had to be tabled. There will be recommendations in the EOA for follow-up discussions. One of the TIGARD CITY COUNCIL MINUTES - FEBRUARY 15, 2011 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 1 www.tigard-or.gov I Page 8 of13 outcomes is a presentation on February 28 with Sheila Martin,Director of the Institute of Portland Metropolitan Studies at Portland State University and Tigard Community Development Director Bunch will hold a discussion with the Planning Commission and the community on what a successful economic development strategy could look like in Tigard. Senior Planner Wyss said the Planning Cotnrnission is recommending some minor changes to the Comprehensive Plan to: 1. Ensure compliance with the Oregon Administrative Rules 2. Be consistent with the community economic development objectives 3. Adopt an expanded Town Center boundary as requested by the Tigard City Council last spring and adopted by Metro in September Council President Buehner asked when this would come to Council. Council review of the final draft is scheduled for March 22, 2011. The Planning Commission will hold a public hearing on April 4 and will forward a recommendation for the Council public hearing on May 10. The grant contract ends on May 31, 2011. In response to a question from Councilor Woodard on whether any rezoning is necessary, Senior Planner Wyss said no rezoning is needed for the land-efficient scenario,which is the 20- year job forecast. Councilor Wilson said it made sense for stand-alone cities to do this periodic review for DLCD but asked why Metro didn't do it for cities in this region. Community Development Director Bunch commented that Metro does not take this on because there is competition in the region regarding economic development policy. He said Metro provides an important clearinghouse for economic data as part of its urban growth scenarios. They hold forums on economic development but want to keep out of the business of suggesting or requiring individual jurisdictions to do this. He said we do function as a region and our role in the region is one of the messages we are going to discuss it on February 28. Community Development Director Bunch referred to Councilor Woodard's question on rezoning. He said Tigard doesn't have to change the base zoning but may want to look at a set of refinements,which the high capacity transportation planning will help to develop. Community Development Director Bunch expressed appreciation to Senior Planner Wyss for his work on this project. At 8:30 Mayor Dirksen called for a break. At 8:35 the Council meeting resumed. TIGARD CITY COUNCIL MINUTES - FEBRUARY 15, 2011 City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 1 www.tigard-or.gov I Page 9 of13 5. UPDATE ON CODE COMPLIANCE PROGRAM AND DISCUSSION OF ADDITIONAL ADMINISTRATIVE CODE OPTIONS [6 Assistant Community Development Director Hartnett introduced this item and presented a PowerPoint slide show,a copy of which is in the packet for this meeting. She credited temporary employee Shelley LeBarre for her work on this report. She said she was seeking feedback from Council on whether to proceed with developing Tigard Municipal Code amendments adding administrative actions to enhance the code compliance program. Assistant Community Development Director Hartnett said research was done on national code enforcement standards. She said it is difficult to make generalizations about code compliance activities. She said a successful program's operations are matched to a preferred approach for the types of code compliance activities the community wants to undertake and desired outcomes are identified. She said best practices were distilled down to four standards: • Match the program to the approach o Compliance or Enforcement o Proactive or Reactive o Prevention or Punishment (prevention requires significant educational outreach) • Make it a multi-departmental effort • Train staff • Consistent application of code She asked, "Of the different approaches,livability or enforcement,what is the main goal of Tigard?" She noted that Tigard has used the livability approach the most in the past. She gave a brief overview on Tigard's past code enforcement practices. She said there was some degree of delay,case selection and prioritization because of staffing limitations. Some of the most difficult cases never were resolved. She said recent budget reductions led to cutting both code enforcement positions. She said the online intake system, started in July 2010, transfers some portion of the case management to the public. The public is encouraged to document with their own photographs. City staff site visits are rare. Form letters,generated by the tracking system,rely on the violator and complainant to communicate to the City whether or not compliance has been reached. A minor budget adjustment allowed assembling a team,and the code compliance activities are spread among staff with other primary assignments. She said Tigard's strategy is getting by"as best we can" Technology moves most cases forward,but we have limited places to fall back to in non-compliance. If the City cannot get compliance, there is no choice but to move to a summons and citation process. TIGARD CITY COUNCIL MINUTES - FEBRUARY 15, 2011 Cityof Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 1 www.6gard-or.gov I Page 10 of13 Assistant Community Development Director Hartnett said staff studied what nine Metro-area cities are doing with their code compliance activities. She said across the board, other cities reported reduced staffing and services due to the economy. Most cities were looking at ways to improve efficiency and were turning towards technology, as Tigard is doing. Basic compliance tools were available in all nine cities (phone calls,letters) and judicial remedies. She said staff believes that adding administrative remedies to the Tigard Municipal Code would increase program capacity, flexibility and efficiency. She said these remedies would be administered by the City Manager or designee. She outlined the recommended options on the PowerPoint slide and said they would be in addition to existing judicial options. She said the Finance Department said their existing system supports the billing and liens so a new set of procedures is not necessary. ff�� Assistant Community Development Director Hartnett asked Council for their feedback. QMayor Dirksen said this is the poster child for a situation where forced reduction has caused us to find a better solution and we should have done this administrative approach a long time ago. He felt this was an excellent and more functional tool. He said always using a judicial tool is inefficient but he wants to retain it in case the administrative remedy doesn't work. He said administrative fees should not be punitive and so a flat fee makes sense. Rather than an escalating fee, the escalation is turning it into a judicial process. Council President Buchner said she agrees but wants to retain the escalating fee as a way to get people's attention. Councilor Wilson said he prefers the livability rather than enforcement approach. He said he wants some forbearance for those who cannot comply due to economic hard times, for example. It is their private property and it has more to do with neighbors getting along- no harm, no foul. If nobody cares, then it's not a problem. However,in the case of something such as a right-of- way issue,it should be dealt with by a police officer as those aren't on public property. Councilor Woodard suggested keeping in mind that people expect privacy. He said abatement is good and didn't want to see an enforcement policy. He didn't agree with daily fees because of the economy, but said there needs to be some penalty; he was not sure what it should be. In response to questions from Councilor Woodard,City Manager Prosser discussed the property lien process. Council President Buehner said occasionally there are neighbor relationships involving intimidation and she wanted some flexibility to address those situations. City Manager Prosser said Tigard contracts with the City of Beaverton for mediation services and when a situation like that arises, tries to get the two parties into mediation. Council President Buehner said a situation could reach a level where mediation will not work and it may not be appropriate to send copies TIGARD CITY COUNCIL MINUTES - FEBRUARY 15, 2011 City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 1 www.dgard-or.gov I Page 11 of13 of letters to certain individuals. Assistant Community Development Director Hartnett said letters to the complainant are not copied to the violator, or vice versa, but it is a matter of public record. Mayor Dirksen asked if there was an appeal process where the Council could consider extenuating circumstances. Assistant Community Development Director Hartnett said there would be an appeal process for all of the administrative actions. She said she has not spoken with the city attorney yet but thought there would be due process and even the judicial actions have appeal options. City Manager Prosser suggestedgiving some thought to whether appeals should be heard by Council or the City Manager, or even an appeal to municipal court. Council President Buchner suggested a Hearings Officer. NCouncilor Wilson suggested partnering with a local church or service organization for help with abatement, such as for an elderly person who cannot mow their lawn. Assistant City Manager Newton said there is an option within the Neighborhood Network program where each neighborhood is given money for beautification. This could be used for abatement with the permission of the property owner. Assistant Community Development Director Hartnett summarized that the Mayor suggested leaving the daily escalating fee in the judicial, not administrative remedy. She said the overhead fee should go together with the administrative so that some staff time is recouped. She said the flat fee could be discretionary and will be listed in the Master Fees and Charges Schedule. Council President Buchner said the advantage of the escalating fee is to get people in the door to talk about their violation. Mayor Dirksen said if the flat fee is discretionary it could be increased if there is no action. Councilor Wilson confirmed that any fee would not be due unless compliance was not reached within 30 days. Assistant Community Development Director Hartnett said whether it would be 30 or 45 days will have to be decided later. She said before this can go into the Tigard Municipal Code standard operating procedures will need to be developed and staff trained. She said she would return in May with proposed code updates. 6. REVIEW OF THE - nE=.. This item was set over to the April 19,2011 Workshop Meeting. 7. NON AGENDA ITEMS 8. COUNCIL LIAISON REPORTS TIGARD CITY COUNCIL MINUTES - FEBRUARY 15, 2011 Cityof Tigard 13125 SW Hall Blvd.,Tigard, OR 97223 1 www.tigard-or.gov I Page 12 ofV 9. EXECUTIVE SESSION: None was held. 10. ADJOURNMENT At 9:32 PM Councilor President Buehner moved for adjournment and Councilor Woodard seconded the motion. All voted in favor: Yes No Council President Buehner x Mayor Dirksen x Councilor Henderson Absent Councilor Wilson x Councilor Woodard x oo �• Carol A.Krager,Deputy City R rder Attest: 11"67 ,"', f — Mayor,City of Tigard 3o l l Date IAADM\CATHY\CCM\2011\110215 final.doc TIGARD CITY COUNCIL MINUTES — FEBRUARY 15, 2011 Cityof Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 1 www.tigard-or.gov I Page 13 of13