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City Council Minutes - 11/22/2005 CITY OF TIGARD OREGON Agenda Item No. For Agenda of la.13•t3,5 Tigard City Council Meeting Minutes Date: November 22, 2005 Time: 6:30 pan. Place: Tigard City Hall, 13125 SW Hall Boulevard Tigard, Oregon Attending: Mayor Craig Dirlcsen Presiding Councilor Sally Harding(arrived at 6:36 pan.) Councilor Sydney Sherwood Councilor Nicic Wilson Councilor Tom Woodruff Absent: -- Agenda Item Discussion & Comments Action Items (follow up) Study Session Administrative N Oregon Consensus Program — City Manager Consensus of Council was to Items Prosser reported that funding has been provided proceed with participation in for this program to facilitate a discussion the Oregon Consensus between the City of Tigard and Bull Mountain Program proposal. residents. Mayor Dirksen noted the City should take this opportunity provided the City is comfortable with the agenda and "how it is put together." 0 New Signal Ribbon Cutting — 12/14, 10:30 Councilors Woodruff and a.m. Sherwood indicated they could attend. Business Meeting Information 19 No Chamber of Commerce Representative will be present tonight. President Pam Brown will update the City Council on Chamber activities on December 20, 2005. Z Agenda Item No. 4 regarding the Downtown Task Force was added to the agenda and noted in the material sent to the Council in the Friday malling. 0 City Council and staff reviewed the process for See Agenda Item No. 6 — the Urban Renewal Hearing. Revisions to the Public Hearing Plan were distributed to the City Council. City Attorney Ramis reviewed available options for consideration of the proposed ordinance and resolution. The meeting that was scheduled to Tigard City Council Meeting Minutes November 22,2005—Page 1 Agenda Item Discussion & Comments Action Items (follow up) Study Session take place with the Washington County Board of Administrative Commissioners earlier today to review tax Items increment financing was postponed to Continued December 13, 2005. City Attorney Ramis outlined options for the City Council to consider, including delaying the effective date of the ordinance. City Attorney Ramis advised the City Council that care must be taken to meet all requirements regarding the Urban Renewal Plan. 21 City Council and staff reviewed the process for See Agenda Item No. 8 — the Sunrise Annexation Hearing. City Attorney Public Hearing. Ramis advised the lawyer for the applicant and the lawyer for opponents to the annexation have made requests regarding reopening the hearing and allowing testimony on limited issues. Each Iawyer submitted a suggestion for a timeline for submittal of arguments and rebuttal. Mayor Dirksen noted that he would recommend the timeline that allowed for the longer period of time. • EXECUTIVE SESSION: The Tigard City Staff shall proceed as Council went into Executive Session at directed by City Council 6:44 p.m. under ORS 192.660 (2) (a) regarding process for a and (e), employment of public officers, general legal services employees, & agents, and real estate contract and negotiation on property transaction negotiations. a real property transaction. Executive Session concluded at 7:08 p.m. Study Session — Council members discussed Iocation and City Manager Prosser will Process information needed for its goal-setting discussion attend the goal-setting Discussion for scheduled for January 6, 2006. meeting. Council Goal Setting in Staff will check on January availability of the Water Auditorium or the Chamber of Commerce Conference Room (check cost) as a back-up meeting site in the event more room is needed Study Session — to accommodate public Tigard City Council Meeting Minutes November 22, 2005—Page 2 Agenda Item Discussion 8L Comments Action Items (follow up) Process attendance. Discussion for Council Goal Staff will provide a Setting in PowerPoint slide projector, January overhead projector, flip charts, etc. Staff will provide a one-page summary for each goal noting the progress made in 2005 and what carryover activities are planned for 2006. Boards and committees will be asked to submit written comments. Council meeting recessed: 7:16 p.m. Business 1.1 Mayor Dirksen called the City Council and the Meeting Local Contract Review Board to Order at 7:30 p.m. 1.2 Council Present: Mayor Dirksen, Councilors Harding, Sherwood, Wilson, and Woodruff. 1.3 Pledge of AIlegiance 1.4 CounciI Communications 8t Liaison Reports: None 1.5 Call to Council and Staff for Non-Agenda Items: None 2. Citizen 9 Skate Park Chair Rich Carlson introduced Bob Communication Wayt of Verizon. Mr. Carlson advised that Verizon was the first PIatinum donor to the Tigard Skate Park — Verizon contributed $10,000. Mr. Wayt talked of Verzon's investments in the City of Tigard and said that the skate park will be a great addition to the City and offer a healthy activity for youth. Mr. Carlson also recognized the following businesses that have contributed generously to Tigard City Council Meeting Minutes November 22, 2005—Page 3 Agenda Item Discussion U Comments Action Items (follow up) the Skate Park: Citizen Communication 0 GI Toes continued. I] Hoffman Construction O Landmark Ford Council members expressed their thanks to Mr. Wayt. 2005 League of.Oregon Cities Good Governance Award. Mayor Dirksen announced that the City of Tigard received the League of Oregon Cities Good Governance Award in recognition of its Downtown Plan. The Mayor acknowledged the reason for this award was because of the Downtown Task Force's work on citizen involvement. 3. Consent 3.1 Approve Council Minutes for October 11, 18, Motion by Councilor Agenda and 25, 2005 Wilson, seconded by 3.2 Approve an Amendment to Resolution No. 01- Councilor Harding, to 02 Increasing the Number of Citizen-At-Large approve the Consent Members on the Tigard Tree Board — Agenda. Resolution No. 05 — 67: The motion was approved A RESOLUTION OF TIGARD CITY by a unanimous vote of COUNCIL AMENDING RESOLUTION NO. Council present. 01-02 TO INCREASE THE MAXIMUM NUMBER OF CITIZEN-AT-LARGE MEMBERS Mayor Dirksen Yes AND DECREASE THE NUMBER OF Councilor Harding Yes PLANNING COMMISSION MEMBERS ON Councilor Sherwood Yes THE TREE BOARD Councilor Wilson Yes Councilor Woodruff Yes 4. Downtown Long-Range Associate Planner Beth St. Amand Motion by Councilor Task Force presented the staff report. All Task Force Woodruff, seconded by Recognition — Members were commended for their work in Councilor Sherwood, to Resolution completing the work program. Task Force adopt Resolution No. 05- members present were recognized and presented 68. with a certificate. The Mayor and Council expressed their appreciation for the tremendous The motion was approved amount of work completed by the Task Force. The by a unanimous vote of Mayor noted an 18-month commitment to study Council present. the commuter rail station in downtown turned into a 3-year commitment when the Task Force Mayor Dirksen Yes members were asked to prepare a plan for the Councilor Harding Yes entire downtown area. The Mayor said this was the Councilor Sherwood Yes Tigard City Comicil Meeting Miriutes November 22, 2005 —Page 4 Agenda Item Discussion U Comments Action Items (follow up) best outreach group he has ever had the privilege Councilor Wilson Yes 4. Downtown to work with. Councilor Woodruff Yes Task Force Recognition - Council considered Resolution No. 05-68: Resolution Continued A RESOLUTION TO COMMEND THE DOWNTOWN TASK FORCE FOR COMPLETING ITS WORK PROGRAM AND TO END ITS TERM OF SERVICE 5. Annual Chief Dickinson provided Council with the annual Police Report update on crime trends and Department initiatives. A copy of the PowerPoint presentation reviewed with the City Council is on file in the City Recorder's office. Council members thanked the Chief for the excellent presentation. 6. Public City Attorney Ramis reviewed the rules of Motion by Councilor Hearing— procedure. A copy of his remarks is on file in the Sherwood, seconded by Consider the City Recorder's office. Councilor Woodruff, to Adoption of adopt Ordinance No. 05- the Tigard City Mayor Dirksen opened the public hearing. 17, with the amendments Center Urban recommended by the Renewal Plan City Attorney Ramis asked for declarations or CCAC. and challenges. In response to the question as to Corresponding whether any City Council member had viewed the The motion was approved Ballot Title site or had ex parte contact, Mayor Dirksen said it by a unanimous vote of was difficult to know how to respond. All of the Council present. City Council has been intimately involved in the discussions regarding the Downtown PIan and the Mayor Dirksen Yes Urban Renewal District. These have been public Councilor Harding *Yes meetings and are part of the public record. In Councilor Sherwood Yes response to the question from City Attorney Ramis Councilor Wilson Yes whether this was the experience of all the Council Councilor Woodruff Yes members, all members indicated affirmatively. City *Councilor Harding advised Attorney Ramis said this was an adequate disclosure her vote is a "yes"; however, unless there are questions from others. she would be open and amenable to amendments. City Attorney Ramis asked whether any City When this was discussed last Council member felt he or she could not judge this spring she was opting for a matter impartially. All City Council members November election; however, indicated they would judge the matter impartially. she will support. Associate Planner Roberts presented the staff Councilor Woodruff report: requested that the draft Tigard City Council Meeting Minutes November 22,2005—Page 5 Agenda Item Discussion U Comments Action Items (follow up) 6. Public resolution for the ballot title Hearing— • In May, after reactivating the City Center present options for the Consider the Development Agency (CCDA) and the City wording on the "Question," Adoption of Center Advisory Commission (CCAC), City and suggested Iess emphasis the Tigard City Council directed the Commission to prepare a be placed on transportation Center Urban draft Urban Renewal Plan for revitalizing the in at least one of the options. Renewal Plan Tigard downtown area. and • In October, the Commission completed the Corresponding draft plan along with a state-required Urban Ballot Title Renewal Report, which is a separate, stand- Continued alone document that functions as a technical appendix to the Plan. The CCAC was assisted in the work by Jeff Tashman and his consultant team. • The completed PIan includes a list of goals and objectives, as well as a list of projects, all taken from the Tigard Downtown Improvement Plan. • The Plan also includes land acquisition policies, which explicitly exclude the use of eminent domain for private development. Any acquisition of property for private use under the Plan would be voluntary. • A major feature of the Plan is that it calls for the use of tax increment financing, a financial mechanism. . On October 18, the City Council reviewed the Plan and Report and referred these documents to tine PIanning Commission for recommendations. The Planning Commission conducted an Urban Renewal public hearing on October 31. At the conclusion of the hearing, a majority of the Planning Commission members voted to forward the Plan to Council with a favorable recommendation. • Tonight the City Council is conducting a single hearing dealing with both Urban Renewal Plan adoption and the proposed Urban Renewal Ballot Title and accompanying explanation. • The applicable review criteria for the Plan are the City's Comprehensive Plan policies and Chapter 457 of the Oregon Revised Statutes. • Staff concludes that the Urban Renewal Plan meets all applicable Comprehensive Plan criteria because the City and Planning Tigard City Council Meeting Minutes November 22, 2005—Page 6 Agenda Item Discussion 8z Comments Action Items (follow up) 6. Public Commission followed an open public process Hearing— in developing the Plan. Adoption of the Plan Consider the will not amend the Comprehensive Plan or Adoption of Development Code provisions. All the Tigard City development under the Plan will be subject to Center Urban review under existing regulations. ORS 457 Renewal Plan criteria deal with findings that rehabilitation is and necessary; the Urban Renewal Plan conforms Corresponding to the Comprehensive Plan; and the Plan Ballot Title includes provisions addressing displacement. Continued The PIan meets all ORS 457 criteria. • The City has met all applicable notice requirements, which includes mailing of notices of tonight's meeting to 13,200 unduplicated property owners within the City. • The City Attorney has reviewed the Plan and has determined that it meets all applicable criteria and could be approved. • City Council is required to consider written recommendations of the tax districts that levy property taxes within the proposed urban renewal district. So far, no comments have been received. • The City is required by Statute to meet with the County to review the maximum amount of indebtedness under the PIan. The meeting is scheduled to take place on December 13, 2005. Public testimony: Proponents • Mike Marr, 12420 SW Main Street, Tigard, Oregon 97223, advised lie was a member of the City Center Advisory Commission. He introduced members of the CCAC: Jim Andrews, Carolyn Barkley, Gretchen Buehner, Marland Henderson, Lily Lilly, Roger Potthoff, and Alternate CCAC member Alexander Craghead. Also present are consultants Jeff Tashman, Tina Mosca, and Jim Rapp. The CCAC submits, for the public record, its support for the Urban Renewal for the purpose of improving downtown Tigard. Should City Council have any questions, the Tigard City Council Meeting Minutes November 22, 2005—Page 7 Agenda Item Discussion & Comments Action Items (follow up) 6. Public CCAC will be present to address them. Hearing — Consider the • Gretchen Buehner, 13249 SW 136" Place, Adoption of Tigard, OR 97223, advised she was a the Tigard City member of the CCAC, but was testifying as an Center Urban individual. She supports the Urban Renewal Renewal Plan Plan, but wanted to speak to the City Council and about a subject that was closely related to the Corresponding Urban Renewal Plan and was a critical Ballot Title element: the proposed improvements of the Continued intersection of 99W and Hall. Washington County is moving forward with that proposed development and will be starting engineering shortly after the first of the year. How this intersection is reworked will have an effect on the proposed Urban Renewal District Plan. The proposal will add a lane heading north along Hall, a lane coming south (Hall), and will add an additional lane on 99W from Main Street to 217. One of the issues is that, while this might improve transportation, it will have a negative impact on pedestrian access within this area. This is an issue she thinks the City should be concerned about. She requested the City Council take action this evening because of the timeline. She said the City needs to get input to the County as soon as possible. Once engineering is done, it will be too late to send input. Tigard should have a voice in determining right-of-way needs. She referred to property that will be taken for the Hall/99W intersection (used to be 99 Towing and a bar to the west). Ms. Buehner said she thinks the City needs to Iook at having a median in the middle of 99 at that intersection to make pedestrian crossing legitimately accessible, because the City will be looking at doing development across both sides of the street. A median will impact the amount of right of way that will be necessary to acquire on the south side of 99W. She also suggested a median on Hall Boulevard now that there are Tigard City Cowicil Meeting Minutes November 22, 2005—Page 8 Agenda Item Discussion U Comments Action Items (follow up) 6. Public going to be this many more lanes. Again, this Hearing — will impact the amount of right of way that Consider the will need to be acquired on both sides. Adoption of the Tigard City She also asked the City Council instruct staff to Center Urban look into the possibility of implementing a Renewal Plan special transportation area along Hall and Boulevard. She said this its a policy available Corresponding under the Oregon Transportation Rules which Ballot Title allows for variation from standard rules on Continued major arterials and collectors through business areas. She requested more research be done and that the City Council direct staff (City Engineer and Community Development Director) to work with Washington County to determine what could be done to make the final engineering give the options she described. She referred to STA areas to be included in the improvement plan. Mayor Dirksen requested that Interim Community Development Director Coffee comment on Ms. Buellner's suggestions after the remaining testimony is received. • Gary Jelinek, 12840 SW Blue Heron Place, Tigard, OR 97223, said he has a Masters Degree in Urban Studies and is the House District 35 Leader and Campaign Chair for the Democratic Parry of Washington County. He said it was his opinion that the Highway 99 improvement plan must precede the urban renewal of downtown Tigard. The Plan should not be presented to the voters until a clear, coordinated, and assured plan is developed among all government, citizen, and private interest to improve Hwy 99. The improvement of 99 must meet the basic needs of improving traffic flow past Tigard's downtown and it must also include major improvements, enhancements and efficiencies to attract users of 99 into downtown by creating easy entry and exit to downtown Tigard via Hwy 99. A most basic attraction might be to include on/off westbound ramps Tigard City Council Meetuag Minutes November 22, 2005 —Page 9 Agenda Item Discussion 81 Comments Action Items (follow up) 6. Public on the northwest side of Hwy 99, tying into Hearing — SW Tigard Street. Such an entry and exit Consider the would end the current cross-over of traffic Adoption of entering or leaving downtown for those the Tigard City traveling in a westbound direction on 99. If Center Urban such improvement of 99 is not scheduled Renewal Plan prior to consideration of the Urban Renewal and Plan for downtown Tigard, the Urban Renewal Corresponding Plan will fail because no matter how much Ballot Title street, bike lane, and pedestrian facilities are Continued added, the difficulty of getting into and out of downtown will remain as daunting as it is today. He summarized by saying, "Don't prat the cart before the horse." The 99 pian must be developed by working and coordinating with Washington County, Oregon Department of Transportation, and Congressman Wu's office. Tigard must be at the table leading the discussion and development of the 99 plan. Doing so will ensure that any renewal planning concept for downtown Tigard could have a fighting chance of success. Councilor Wilson responded that about eight years ago, he served on the Task Force for the Transportation System Plan update. At that time, the entire City's transportation system plan (TSP) was reviewed. Hwy. 99 was the big problem, which everyone recognized. Addressing Hwy 99 was also one of the Council goals this year along with addressing downtown and growth. The TSP notes that the system is much the same as a Rubik's cube; that is, if you change one item, a problem is caused somewhere else — it's a complicated problem. Even if $200 million was spent and lanes were added to 99W, it would create its own demand oil the day it was opened. The City did receive a grant from ODOT to begin studying the problem in detail and tills will begin tills spring. This is an issue that the City is looking at simultaneously. In fact, there are a couple of elements in the Plan that begin to Tigard City Council Meetiuig Muiutes November 22, 2005—Page 10 Agenda Item Discussion & Comments Action Items (follow up) b. Public touch on the problem: the Hall/99 Hearing — intersection is one of the elements in the Plan Consider the as well as Greenburg Road. It is important Adoption of that the Urban Renewal Plan does not deviate the Tigard City from its main goal of addressing downtown. Center Urban Highway 99 is a huge problem; the City is Renewal Plan looking at it— but, it is not the subject of this and particular issue. Corresponding BalIot.Title Councilor Woodruff agreed that there are Continued problems. He said that Mr. Jelinek's suggestions will be helpful in the long run for making the downtown more accessible and viable. The problem is, the City does not have control over Highway 99W. It is a daunting, long-term process, and we could wait and keep pushing until something happens; however, it is the City's desire to move ahead in areas where we do have some control. This does not mean the City would stop pushing forward with other improvements on 99 and work closely with ODOT, the County and the federal government but, to wait would place the City's destiny in someone else's hands and, "I don't think that's where we want to be." Mr. Jelinek noted Ills appreciation for the comments. He advised that he will avoid "that one-mile strip of 99 at all costs." If there are no improvements on 99, but there is improvement in downtown — he'd still be avoiding 99 and that is the key way to enter and exit the downtown. Councilor Sherwood noted she appreciated Mr. JeIlnek's expertise. For the last three years, the City has asked ODOT to work with the City and they have responded. She noted that she travels all over the City and said she drives through the downtown area because it is the best way to get through "those Intersections." The City needs to be creative. This Plan is about the downtown area. It is already on the Plan to fix the Hall/99 intersection. The Plan is not about improving Tigard City Council Meeting Minutes November 22,2005 —Page 11 Agenda Item Discussion at Comments Action Items (follow up) 6. Public 99 all the way from 1-5 to King City. The Hearing — City is Iookiing at other alternatives. Consider the Adoption of Mayor Dirksen said that the City Council the Tigard City agrees with Mr. Jelinek — both Hwy 99 and Center Urban the downtown need to be addressed — and the Renewal Pian City is doing that. Both improvements need and to be done concurrently and for one to be Corresponding successful, the other must happen. What the Ballot Title City Council is looking at tonight for the Continued Urban Renewal Plan is to focus on the downtown area; however, this does not mean the City is ignoring 99W. The Downtown Plan will take 20 years. There are some plans within the Urban Renewal Plan to address some.of the issues brought up by Mr. )elinek. The overall study of 99W to determine what needs to be done and then to get the support from all Ievels of government to address those issues is a separate issue that the,City is also working on at the same time. Councilor Wilson noted.that Tigard received the TGM grant from ODOT and there will likely be a Task Force to oversee the work for which volunteer assistance will be needed. Not only will the City be looking for roadway improvements, but will also be reviewing land use, alternate routes, and access control. Some of these decisions will likely be controversial and he said the City would welcome someone such as Mr. ]elinek to be involved. Councilor Woodruff noted that people will "hassle" to get into Washington Square because there is a draw to shop there. The City hopes that over time, there will be a draw to the downtown area. • Melissa Franco-Fishier, P. O. Box 321025, Tigard, OR 97281 advised she was new to Tigard and was seeking to become more educated as to what the Plan is for and to determine if it's necessary; whether it should Tigard.City Couaicil Meeting Minutes November 22,2005—Page 12 Agenda Item Discussion 8z Comments Action Items (follow up) b. Public take priority over other things that should be Hearing — done for traffic. She said that a lot of people Consider the might see this as a "tax increase" and Adoption of therefore say "no." the Tigard City Center Urban Mayor Dirksen said Ms. Franco-Fishler has Renewal Plan brought up a good point: How does the City and advertise this to everyone, to help them to Corresponding know to make an educated vote in May. The Ballot Title City, Downtown Task Force, and the City Continued Center Development Commission have been working to develop the Plan. He referred to meetings where the Plan has been discussed and there will be more meetings. He said there are plans to form a Political Action Committee. The City Council members will be involved in getting the word out between now and the election. He advised that once the ballot title is in place, the Plan cannot be promoted with use of City funds and resources. Elected officials and the Political Action Committee may continue to promote the PIan. The City will still be able to provide information about the Plan as Iong as this is not"promotional" in nature. It is the Council's hope that they will be able to reach out to the community to inform the public on the issue before the May vote. Taxes will not go up; however, some of the taxes that would have been paid regardless will be redirected to the Urban Renewal Plan for specific projects. Mayor Dirksen suggested that staff make arrangements with Ms. Franco-Smith to discuss her questions. Councilor Woodruff assured Ms. Franco- Fishler that her questions were shared by a great number of people. City Attorney Ramis clarified that this is not a tax increase plan. The City is looking at "tax increment," which will capture increased taxes that are derived from new development. The income from taxes from new development will Tigard City Couneil Meeting Minutes Noveni.ber 22, 2005—Page 13 Agenda Item Discussion U Comments Action Items (follow up) 6. Public be funneled into the Urban Renewal District. Hearing — Without the District being in place, that Consider the development would likely not happen; Adoption of therefore, those revenues would not have been the Tigard City available. Councilor Wilson added that if a Center Urban Tigard taxpayer is outside the Urban Renewal Renewal Plan District, it has no affect on their taxes. and Corresponding • Mary Potthoff, 11710 SW Ann Street, Ballot Title Tigard, OR 97223, said she agrees with urban Continued renewal. She would Iove to see Tigard become an exciting, eclectic, and interesting place for people to come. She noted that in some of the reports she has read, she has not found that the City has a design for the existing buildings or new construction. She noted there will be $22 million going into the urban renewal and the City should have authority over the Plan on how the urban renewal will come into fruition. Councilor Wilson responded there are a couple of elements: There is the Urban Renewal Plan and the Downtown Improvement Plan. The Downtown Improvement Plan has associated with it some zone changes and other items that are now being worked on. Among those things could be design standards. There is no proposal yet to react to; the items brought up by Ms. Potthoff have not been ignored. He clarified that tonight's action is strictly about the Urban Renewal Plan, its boundaries and projects. The Downtown Plan is a separate entity and includes a follow up stage that will implement some of the recommendations of the Plan. Mayor Dirksen said the Downtown Plan is the blueprint around which the City is considering improvements and some redevelopment of the downtown area -- specific projects are included. The Urban Renewal Plan, under consideration tonight, is essentially a financing plan to find money to do the projects that are in the Downtown PIan. The Downtown Plan Tigard City Council Meeting Minutes Noveinber 22,2005—Page 14 Agenda Item Discussion 81 Comments Action Items (follow up) 6. Public is under review to determine what types of Hearing — . changes are needed for the Comprehensive Consider the Plan and the Tigard Development Code. One Adoption of of the items discussed is design review the Tigard City authority for the City for downtown Center Urban development. Mayor Dirksen explained that Renewal Plan with regard to the $22 million, the money and that is collected through the Urban Renewal Corresponding Plan is money that will be used to do public Ballot Title improvements, not private development. The Continued public improvements, together with other incentives the City can offer, will cause private development to take place. The private development that might take place in the downtown area is certainly not restricted to $22 million — one condominium development could be $22 million alone. The $22 million cited in the Plan is for public projects; i.e., streets, open spaces, etc. — and is the limit of indebtedness. •Saundra Carroll, 11330 SW 97`' Court, Tigard, Oregon said she was curious why a code enforcement program was not considered prior to an urban renewal plan? City Manager Prosser said that Code Enforcement would deal with the existing structures and development. Tile issue in the downtown is that it is actually below its market value. He noted the serious structural issues regarding the streets and public improvements and if these are addressed, it will encourage higher and better use of the Iand that is there. Discussion followed. Mayor Dirksen noted that changes to the Code will be considered; these changes will be done through a public hearing process involving the City Center Advisory Commission and the City Center Development Agency. Ms. Carroll noted that announcements about hearings need to be sent out further in advance in a timely fashion. Tigard City Council Meeting Minutes November 22, 2005—Page 15 Agenda Item Discussion U Comments Action Items (follow up) 6. Public Hearing -- Councilor Wilson noted that Ms. Carroll raised Consider the a sensitive issue with regard to existing Adoption of downtown businesses. What the City would the Tigard City prefer to see is a private developer offer an Center Urban existing business a price "they can't refuse" Renewal Plan and they will decide if they want relocate as and opposed to say "you can't engage in your Corresponding business any longer." Ms. Carroll clarified said Ballot Title that was not what she was suggesting — her Continued comments were directed toward businesses owners being "happier" if they were located with similar businesses (through zoning and code enforcement). Interim Community Development Director Coffee commented on the Hall Boulevard/99W Improvements and STA. He advised the staff was aware of these concerns (noted above by Ms. Buehner) and they were discussed last week at the CCAC meeting. The City Engineer is the coordinator on the State/County project at 99W and Hall Boulevard and he is aware of the concerns and will be contacting ODOT. Staff is also looking into the possibility of the STA. It will take some communication with ODOT in order to get revisions in the project. He added that the City Attorney has some revisions that were recommended by the CCAC, which will be need to be entered into the record. Two sets of revisions to the Urban Renewal Plan were distributed to the City Council. These revisions are on file in the City Recorder's office. Staff recommends that the City Council include these revisions in its motion, should it choose to adopt the Plan this evening. Consultant Tashman summarized the amendments. The CCAC held a meeting Iast Thursday and went through a page-by-page final review of the Urban Renewal Plan. The Commission identified several places where the Plan could be clarified. The changes in the November 22 memorandum are almost exclusively cladfication of language and Tigard City Council Meeting Minutes November 22,2005—Page 16 Agenda Item Discussion 81 Comments Action Items (follow up) 6. Public corrections of typographical errors. In some cases, Hearing — additional information was suggested to allow the Consider the reader of the Plan to understand the Plan better. Adoption of He then reviewed some of the specific changes the Tigard City outlined in the written material before the City Center Urban Council. Renewal Plan and Mayor Dirksen noted there was an error in the Plan Corresponding and the Report— there were two instances in the Ballot Title pages before the Table of Contents where the City Continued Center Advisory Commission is referred to as the City Center Advisory Committee. These should be added to the list of corrections. Mr. Tashman, in response to a question from Councilor Harding, noted that no work has yet been done in identifying other sources of funding. He noted a past grant the City received and one that it could get again was the Transportation Growth Management Grant (TGM). This would fund planning and design work. Since there is a state highway running through the area, ODOT has funding for projects that will relieve some of the pressure on the state highway. He noted they could work to define other possibilities. Councilor Harding asked if the public improvement projects for the $22 million have been identified. Mr. Tashman referred to a table in the report, which shows how the $22 million that can be borrowed over the 20-year course of the PIan would be allocated with regard to categories of projects. Each individual project has not been broken down showing how much funding it should receive. State law requires that projections be shown with regard to how dollars would be spent— what types of projects. The consultants did their best to make these projections based on what they thought would be a reasonable allocation of resources to these types of projects. The projections are not binding; however, the $22 million cap is binding. Mayor Dirksen also noted that funding of the list of projects envisioned in the Downtown Plan is not Tigard City Council Meeting Minutes November 22, 2005—Page 17 Agenda Item Discussion 8z Comments Action Items (follow up) limited to funds through Urban Renewal. The Urban Renewal District and Tax Increment Financing was never intended to be the sole source of financing for improvements in the downtown area. The City would continue to use grants and capital improvement dollars. Councilor Harding noted that it will take trust from the public and private sector to invest dollars. Councilor Harding noted that the City would still retain the right for eminent domain for public improvements. She asked what would happen if a developer wanted to acquire five parcels and it would be better, for tax purposes, for the property to be condemned. Could this happen? City Attorney Ramis said the Plan could be amended to allow this to happen; that is, amend the plan to give authority to acquire and redistribute land by condemnation. This provision is not in the Plan now, but it could be achieved by amendment. Another option noted by City Attorney Ramis, was that in some circumstances the goal could be achieved if some part of the project were a public improvement. For example, if the acquisition and assembly of land included a street improvement, then the City's condemnation power could be used. Mayor Dirksen noted that the PIan limits the use of condemnation and this limitation was done purposely. He said he feels strongly that, while he supports the idea of being able to use eminent domain for public facilities, the idea of using the authority to remove one private owner to turn this land over to another private owner is offensive. Councilor Harding said her intent would be to use condemnation where there is a willing seller who could also use a tax benefit. City Attorney Ramis said this was a good point in that the advantages come to the property owner from selling land to a jurisdiction under threat of condemnation; if there is no threat, then the benefits would not be available. City Attorney Ramis said there are other methods available for property owners, including a 1031 Exchange. Tigard City Coulicil Meeting Minutes November 22, 2005 —Page 18 Agenda Item Discussion & Comments Action Items (follow up) 6. Public Hearing — Roger Potthoff, 11710 SW Ann Street, Tigard, Consider the Oregon 97223, said that as a member of the Adoption of CCAC he wanted to point out that the Downtown the Tigard City Task Force has had three years to develop a Center Urban comprehensive set of improvements for the Renewal Plan downtown area. The CCAC started in late August and and has been working on a compressed timellne to Corresponding try to bring focus to some of the complexities of Ballot Title the Urban Renewal Plan as it moves from a Continued Downtown Improvement Plan into a formal Urban Renewal Plan. There have been stresses with respect to the timetable. The CCAC has been dealing with complex issues, not the least of which was the boundary issue. Most are now satisfied with how the boundary issue was resolved. He said he thought there was an inordinate amount of the Commission's time spent on the boundary issue and there are a Iot of other issues they have not attended. He referred to Ms. Buehner's testimony regarding STA's, which have specific application to urban renewal districts. Mr. Potthoff pointed out that one resident has brought up code enforcement and there has also been discussion of the likelihood of the City taking action to make changes to the Code that would align with the Downtown Improvement Plan. He referred to Ms. Potthoff's testimony regarding design review authority, which has also been discussed in terms of a future action to bring things in line for this Plan. Mr. Potthoff referred to testimony from Mr. )elinek regarding timing of improvements for 99W before the urban renewal. Mr. Potthoff asked for the City Council to give the Commission additional time to review some of the complexities of the other issues and come back to the City Council with recommendations on issues relating to Code, design, authority, and STA's. Mr. Potthoff noted his support for the Urban Renewal Plan. He wanted to make sure that as it goes to the voters, it will be something they will be able to understand and support. He said he Tigard City Council Meeting Minutes November 22, 2005 —Page 19 Agenda Item Discussion U Comments Action Items (follow up) 6. Public thought the City has more work to do before it is Hearing — adopted by the City Council and sent on to the Consider the voters. He asked if it was possible that this vote be Adoption of postponed until November 2006. the Tigard City Center Urban City Attorney Ramis noted that the decision is Renewal Plan fundamentally a policy decision with regard to the and timing of the election. Corresponding Ballot Title Councilor Wilson noted that Mr. Potthoff raised Continued some good points. The City Council did consider the November election. He said there were a number of complexities involved in the decision to go ahead in May. He noted there is a County plan for a "super" urban renewal area that runs down all of Highway 217. The County asked Tigard if they would want to join them to make this a County- wide consideration. Councilor Wilson noted the City has been working on this issue for three years and, although the CCAC is new to this effort, there was a strong sense that after two failed votes in the past, the City wanted to capitalize on the momentum the City had already developed. The results of polling indicated favorable results. There has been a lot of publicity and work done to educate the public. Councilor Wilson advised that, so far, there has been relatively little opposition. The City Council felt that to wait six months, would risk losing too much momentum. Urban Renewal is just one tool. The City will be doing other activities to get things done. Councilor Wilson said he understood Mr. Potthoff's desire to think through some things; but, there are some decisions that can be made after this goes to a vote. For example, there will be a Iot of review and development of the various projects in the Plan. Mayor Dirksen supported the comments made by Councilor Wilson. The Mayor noted the issues brought up by Mr. Potthoff were pertinent and will need to be dealt with in the near future. The election will be conducted to receive tax increment financing authority from the voters. The issues, Tigard City Council Meeting Minutes November 22, 2005—Page 20 Agenda Item Discussion & Comments Action Items (follow up) 6. Public which need to be dealt with regarding the Hearing — Comprehensive Plan, zoning, and Code Consider the requirement changes, can occur after the vote. Adoption of The CCAC will be asked to do much of this work. the Tigard City Center Urban Mr. Potthoff confirmed the CCAC is willing to do Renewal Plan the work and those things he talked of earlier are and important to success of the Plan not only for the Corresponding vote in May, but for the long-term success of the Ballot Title planned improvements. Continued Associate Planner Roberts said that staff recommends that the City Council adopt the Urban Renewal Plan as presented and as amended by the consultant. City Attorney Ramis added that the Council should make the ordinance effective on December 13. Mayor Dirksen noted the amendments were contained in the two written documents received by the City Council as well as his comments and to make the effective date December 13. (See Pages 16 and 17.) Council discussion followed. Councilor Sherwood noted that City of Tigard is one of last to get something accomplished in its downtown area. She reviewed information regarding the success of urban renewal districts in other areas: - Tualatin: tax base was frozen at $14,067,000 and after several years the value was $152,161,000 - Wilsonville: tax base was $61,000,000 and value is now $255,000,000 - Lake Oswego: tax base was $45,000,000 and after just a few years, the tax base its more than $106,000,000. Councilor Sherwood said she thought it was important that the City embrace this Plan; it will Tigard City Cowleil Meeting Minutes November 22, 2005 —Page 21 Agenda Item Discussion & Comments Action Items (follow up) add value to the City and the downtown. City Attorney Ramis, noted that the City Manager pointed out that the City Council does not need to include in its motion a particular effective date, because the ordinance will not become effective for 30 days, which will accommodate the time period needed for the City to talk to the County. This matter will be reviewed on December 13. Mayor Dirksen closed the public hearing. City Council considered and approved Ordinance No. 05-17 with the revisions as suggested by the CCAC. See Pages 5 and 6, Action Items.) ORDINANCE NO. 05-17 --AN ORDINANCE ADOPTING THE CITY CENTER URBAN RENEWAL PLAN AND DIRECTING THAT THE PLAN BE REFERRED TO THE VOTERS The proposed resolution on the ballot title will be considered on December 13, 2005. Council meeting recessed at 9:56 p.m. Council meeting reconvened at 10:03 p.m. 7. Budget IT Director Ehrenfeld and City Manager Prosser Motion by Councilor Amendment presented the staff report to the City Council. Woodruff, seconded by #4 — GIS Councilor Harding, to table Coordinator Council discussed this request for creating a this issue until January Position position mid-year. During discussion City Council 2006, when budget members acknowledged the benefits of coordinating projections are available. the GIS applications in the City. There was discussion on concerns about reduction on ending- The motion was approved fund balances and whether a corresponding cost by a unanimous vote of savings could be made elsewhere. City Manager Council present. Prosser explained that the financial forecast is being prepared now with the first reports coming in from Mayor Dirksen Yes departments. Councilor Harding Yes Councilor Sherwood Yes After discussion, this item was tabled until January Councilor Wilson Yes 2006. The City Council will review this request Councilor Woodruff Yes when financial forecast information is available. Tigard City Council Meeting Minutes November 22,2005—Page 22 Agenda Item Discussion 8z Comments Action Items (follow up) #8 Procedural status was reviewed by City Attorney Motion by Councilor Continuation of Ramis. The oral portion of public testimony had Harding, seconded by a Public been closed. Written submittals included testimony Councilor Wilson, to reopen Hearing on from the lawyer (Michael Robinson) representing the public record as Sunrise Lane the applicant and from the lawyer (Lawrence Derr) outlined*. Annexation representing the Friends of Bull Mountain and Lisa Proposal Hamilton-Treick asking for additional time to The motion was approved review specific aspects of the proposal. by a unanimous vote of Council present. Mayor Dirksen reopened the hearing to receive testimony on the requests for more time to allow Mayor Dirksen Yes additional testimony on specific issues. Councilor Harding Yes Councilor Sherwood Yes Michael Robinson, Attorney at Law representing the Councilor Wilson Yes Applicant, 1120 NW Couch Street, 10t11 Floor, Councilor Woodruff Yes Portland, Oregon 97209-4128 advised he did not have a problem with reopening the testimony to *Public Record reopened as receive additional comments on the topics named. follows: However, on behalf of his clients, he would prefer l. All parties will the shorter schedule that he proposed. allowed to present w written arguments pertaining to Lisa Hamilton-Treick, 13565 SW Beef Bend Road, Comprehensive Plan Policies unincorporated Bull Mountain, Oregon, asked for 10.l .1 a and 10.1.2.e and the courtesy of the extra week, given the intervening Community Development holiday. Code 18.310.020 B. Arguments are due 5 p.m. Mayor Dirksen said lie would support the longer time on December 7, 2005. period because of the holiday. 2. Applicant Rebuttal is due December 14, 2005, 5 p.m. 3. Applicant Statement is due December 15, 2005, 5 P.m. 4. Supplemental staff report, if needed, is due December 19, 2005, 5 p.m. S. Continuation of public hearing before the City Council is set for December 20, 2005, 7:30 p.m. Tigard City Council Meeting Minutes Novernber 22, 2005—Page 23 Agenda Item Discussion U Comments Action Items (follow up) 10. Non Councilor Woodruff reminded the viewing audience Agenda there would be no Fifth Tuesday meeting on November 29, 2005. The next City Council Fifth Tuesday meeting is scheduled for January 31, 2006. 12. Meeting adjourned at 10:35 p.m. Motion by Councilor Adjournment Sherwood, seconded by Councilor Harding, to adjourn the meeting. The motion was approved by a unanimous vote of Council present. Mayor Diuksen Yes Councilor Harding Yes Councilor Sherwood Yes Councilor Wilson Yes Councilor Woodruff Yes La7& Catherine Wheatley, City ecor er Attest: r ayor, ity of TigarcT Date: /02.Z,3-0 S J:%adm%cathyIccM 2UD5W51122.dDC Tigard City Council Meeting Minutes Noveinber 22, 2005—Page 24