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City Council Minutes - 08/14/2007 �n Agenda Item No. V. /, a . For Agenda of TIGARD CITY COUNCIL, LOCAL CONTRACT REVIEW BOARD, AND CITY CENTER DEVELOPMENT AGENCY MEETING MINUTES August 14, 2007 Mayor Dirksen called the meeting to order at 6:�2 p.m. Naive Present Absent Mayor Dirksen ✓ Councilor Buehner ✓ Councilor Sherwood ✓ Comicilor Wilson ✓ 1CoLuncilor Woodruff ✓ Staff Present: City Manager Prosser, City Recorder Wheatley, City Attorney Ramis, Conununity Development Director Coffee, City Engineer Duenas, Buyer Barrett. • STUDY SESSION y Council Discussion Regarding Washington County Coordinating Coiruhhittee (WCCC) Transportation Funding Options—Mayor Dirksen Mayor Dirksen said he was seeking input from the City Council inembers regarding City and County road improvements. The WCCC is consideruig a Major Streets Transportation Improvement Plan (MSTIP) bond measure to catch up with needed street improvements. The consensus of the WCCC members was to restrict die MSTIP road projects to roads of county-wide sigiuficance. Soiree collector streets inight be considered if regional significance can be justified. The MSTIP bond measure swill not be adequate for County and local road improvement needs. The County is considering increasing the Traffic Impact Fee (TIF) or replacing the TIF with a System Development Charge. There is some concern among die WCCC members that if one funding source is dropped but then a new fiuiding source is not approved, then the source now available would be lost. Each municipality should consider adopting its own SDC. Mayor Dirksen explained that the WCCC is attempting to define a inulti-tiered funding approach to deal with road improvements in a holistic manner to allow cities some flexibility to address traffic issues. Tigard City Council, Local Contract Review Board and City Center Development Agency Meeting Minutes August 14, 2007 Page 1 Councilor Wilson expressed concern that road improvements night be defined as widening'existing roads instead of building new ones. I ie said he thinks that alternative routes do more to relieve congestion than anything else. Councilor Buehner said she was generally in favor of the proposed approach by WCCC,but asked if the current status of the shortage of connecting roads in the southern county had been considered. Mayor Dirksen said there has been discussion about whether new roads in new areas could be added to the list. He said he would bring this up again. Councilor Buchner suggested that Mayor Dirksen also ask Tualatin, Sherwood and Wilsonville for support on more southern county roads since they would benefit as well. Mayor Dirksen noted that after discussing the multi-tiered approach that eventually all of the city representatives to the WCCC agreed flus could be of benefit. Mayor Dirksen also noted that there had been discussion of connecting Roy Rogers Road with l75"' Avenue fora nordi/soudl connector. Councilor Buchner referred to Clark ILill Road as a logical connector. Councilor Wilson urged dlat it was time to look at resolving transportation barriers to resolve problems widl connectivity. > Council Discussion Regardiig the North Bethany Urban Renewal District Mayor Dirksen reported that the City of Tigard was approached by Beaverton officials to support their opposition to die North Beffiany Urban Renewal District. Mayor Dirksen advised he had been contacted by an Otz�ouiatt reporter on flus smatter; die Mayor advised that he did not thunk the City of Tigard Council would take a position on diis issue. Adding urban population to areas where there is no infrastructure could be construed as an abuse of the urban renewal system. Tualatin Valley Fire &Rescue is tentatively supporting the District. In response to a question from Councilor Buehner, Cointmunity Development Director Coffee advised that this is similar to die Bull Mountain situation. Councilor Buchner noted that this would eventually hunt everyone. Councilor Wilson added the effect on state and local government,which would subsidize these areas. Councilor Sherwood said she chid not believe that dae urban renewal Iaws were created for this propose. During discussion, City Manager Prosser noted the Greenfield urban renewal area in near the Portland airport. This area is zoned commercial. Mayor Dirksen suggested die City Council would not take a formal position on die North Bedlany matter,but issue a statement that the City of Tigard City Council is philosophically opposed to funding urban development in this manner. City Manager Prosser noted that Washington County Board Chair Brian is sponsoring an Urbanization Suunuiut and a better approach might be to discuss this issue then. Tigard City Council, Local Contract Review Board and City Center Development Agency Meeting Minutes August 14, 2007 Page 2 After discussion,Council members agreed the City would not take a formal position on the Bethany matter but note a general philosophical opposition to using urban renewal in this manner along wide concerns with setting a precedent. In addition the Council noted problems created when urbanization occurs without planning for infrastructure. Council Discussion Regarding d1e Library Building Coffee Bar City Manager Prosser introduced Buyer Barrett. The coffee bar vendor in the Library will leave at the end of this rnonth. Staff has tallied to the Friends of the Library and others,who have shown no interest in operating t-le coffee bar. Buyer Barrett said he was approached two months ago by a donut shop owner who was interested in die Library coffee bar space if it became available. This vendor is operating a business at die Sherwood Public Library. Council discussion followed. Library patrons indicated, through surveys, that they want a coffee bar. The Council discussed the need for this business to be competitive. City Manager Prosser noted die City's efforts to assist a vendor to get a return on investment. He also noted that under State law the Commission for the Blind would have right of first refusal if it wanted to operate the business;per State policy the Comrnission does not pay rent or utilities and they would take all of die profits if they came forward. Council members discussed ways to assist a vendor by allowing hours of operation to be longer than the open Library hours,better signage,more tables, comfortable seating, and close-by, short-term parking spots. ➢ Adnihunistrative Items • Washington County Ten-Year Plan to End IIomelessness Councilor Sherwood explained tie need for the County to write a plan to obtain Federal funding. Washington County cities are being asked to help fund tie Grant application. Discussion followed about the need to address homelessness and all Council members expressed support for tis funding. Councilor Sherwood described die efforts by die County shelter to provide services and their participation in developing the first part of tie application. Councilor Sherwood noted she drought that the cities of Forest Grove and Sherwood are planning to pledge some finds to help procure dhis grant. City Council members agreed drat it would consider a budget amendment of $5,000 to support Washington County's 10-Year Plan to End Homelessness grant application. A resolution for the City Council's consideration will be scheduled on the August 28, 2007, City Council agenda. • Councilor Wilson and Councilor Woodruff will be absent for die August 21 City Council Workshop meetuhg. City Manager Prosser announced that a Tigard City Council, Local Contract Review Board and City Center Development Agency Meeting Minutes August 14, 2007 Page 3 recap of die August 21 workshop discussion will be presented during the August 28, 2007, City Council Study Session. ■ City Council discussed its November and December Council Meeting Schedule o Council will be attending National League of Cities on November 13; City Council members agreed to cancel the November 13 meeting and hold a business meeting on November 6, 2007. City Council agreed to hold two business meetings on December 11 and 18; the December 25, 2007, meeting is cancelled due to die Christmas holiday. ■ Tigard/IWB/Lake Oswego Water Task Force Staff is working to schedule a date for the fist meeting. Information on the value of water rights will be sent to members of the Task Force. ■ Street Globes—Downtown Community Development Director Coffee asked if there was any direction on die street globes. Two examples of globes were on display in the room. Councilor Sherwood said, "I think it's got to go back." Mayor Dirksen said that, "We need to hand it off to the CCAC and see what they say." City Manager Prosser noted he had heard some Council discussion whereby there was interest in exploring a dark green color as a standard for Tigard. Study Session concluded at 7:19 p.m. 1. BUSINESS MEETING 1.1 Mayor Dirksen called the City Council and Local Contract Retriew Board called the meeting to order at 7:36 p.m. 1.2 Roll Call: Name Present Absent Mayor Dirksen ✓ Councilor Buehner ✓ Councilor Sherwood ✓ Councilor Wilson ✓ Councilor Woodruff ✓ 1.3 Pledge of Allegiance: Led by Boy Scout Troop #69 from Northwest Portland Tigard City Council, Local Contract Review Board and City Center Development Agency Meeting Minutes August 14, 2007 Page 4 1.4 Council Communications &Liaison Reports 1.5 Call to Council and Staff for Non-Agenda Items 2. CITIZEN COMMUNICATION ■ John Frewi ig, 7110 SW Lola Lane, Tigard, Oregon said he was present tonight to appraise the City Council of a serious situation. F le said that Tigard's Comprehensive Plan effort that began about two years ago is premised on determination of citizen values and development of ideas for goals, policies, and action items duough a variety of citizen meetings, followed by review by boards and commissions, and then eventually forwarded to the City Council for adoption. This is the framework to follow under Oregon lay. Mr. Frewing referred to the incorporation of values through visionuig docurnents and open houses. The process had moved forward with some staff work and presentation of data. Nov Policy Interest Teams are meeting. Mr. Frewing said the new Comprehensive Plan will either reinforce our current policies, practices, and goals or to create new ones. A staff-prepared May 14 dociiinent refers to department review teams,which says that the primary duty is to review the goals, policies, and action measures to ensure compatibility with department work programs and projects. Mr. Frewing said that, to hun, this violates the whole idea of the Comprehensive Plan— that the staff is going to make sure that any new policies are compatible with the historic and current practices,policies, preferences, and priorities of staff. IIe said this was not tlie job of staff. Mr. Fre-wing said the Pari:and Recreation Board met last right. He has been a member of the Policy Interest Team that worked on development of goals, policies, and action items. I Ie learned the City Manager directed that some of the policies be deleted and not considered. Mr. Frewing said it seemed to hitn that if the City Council wants to delete those policies and action items, that would be acceptable. He did not think the Cite Manager should be deleting items at this stage and said it might invalidate the Comprehensive Plan process completed so far. IIe asked the City Council direct the City Manager to not interfere in the development of policies until they get to the City Council. At that tune, then the City Manager should state his opinion as would anyone else. Mr. Frewing advised that the stricken policy and action items related to the creation of a city recreation program in addition to a parks land acquisition program. Mr. Frewing said he was not personally a fan of the city recreation program, but the Policy Interest Team and surreys that the Park and Recreation Board have done over the last two or three years all showed significant interest fora city recreation program. He did not thunk this should have been stricken from the proposals on the basis that it was not funded. IIe asked the City Tigard City Council, Local Contract Review Board and City Center Development Agency Meeting Minutes August 14, 2007 Page 5 Council to direct the City Manager that these types of things go forward until the Council has made its decision. City Manager Prosser said clarification should be made; he did not direct that anything be stricken. Ile reported that the initial draft of the proposed action items regarding die recreation program had been written with general language suggesting that the City look into creating a recreation program. The second draft came back with very specific language saying that the City would place an operating levy on the ballot betiveen November 2008 and November 2010. City Manager Prosser noted that this issue was brought to the City's Budget Comnittee, also a citizen group, and that was not die direction from the Budget Committee. This was setting up a conflict so City Manager Prosser suggested that die language was overly specific and probably did not belong in a policy document such as the Comprehensive Plan. Mayor Dirksen asked where the change to more specific language originated. City Manager Prosser said that was not clear and because the language was so specific,it would have committed die City to a course of action that had been turned down by the Budget Committee. The language was revised to convey that the City would"consider developing a recreation program and placing a funding measure before the voters." This language, City Manager Prosser said, represented the basic intent. Councilor Sherwood advised she thought this more general language was reasonable and she would not want language to be specific. Councilor Buchner agreed and said specific language would set up unrealistic expectations. Councilor Sherwood added such specific language !night lead someone to expect that an election would be held by a certain date. Mr. brewing said staff has worked with the Policy Interest Team (citizens) to create the language. There were 10-12 changes that staff said d-ie City Manager said should be made. City Manager Prosser advised the only issue he gave input on was for the recreation program item. Mt. Frewing read one of the proposed policies that had been removed: "The City shall identify funding to build recreational facilities and provide a full-service recreational program." This was a recoininendation from the Policy Interest Team and endorsed by die Park and Recreation Board according to Mr. Frewing. At the meeting last night, the document contained staff commentary stating: "Concerns have been raised that this policy is premature because the City must first assess die need,willingness, and ability of the community to pay for recreation services and related facilities. This is a fiscal issue that must be addressed prior to making policy." Mr. Frewing said drat noding would happen if we had to wait to identify the financial details. He said he thought it was sound to propose a policy, and acknowledged the City Council, as the decision makers, night decide against the proposed policy. Councilor Buchner said d-ie City Council did make a policy decision at the time of the budget. Mr. Frewing pointed out that this decision was for die year Tigard City Council, Local Contract Review Board and zn City Center Development Agency Meeting Minutes August 14, 2007 Page 6 2007/08. Councilor Buchner noted this was relating to whether the City was going to consider funding any kind of recreation program ih die next three or four years. This was the decision made and staff was following up on that policy decision. Mr. Frewing said he disagreed; what the City Council acted on was the budget for d-ie coining year. At the Budget meeting, Mr. Frewing pointed out the City Council said a recreation program was a good idea, but it could not be afforded now. Mr. Frewing said his objection is that tie staff gets "unto this" through a staff-review process and also through a final cut before it receives a full airing before the City Council. Councilor Woodruff asked Mr. Frewing If his point was that anything coining from the Policy Interest Tearns or die advisory comiriittees should be unfiltered until it gets to the City Council. Mr. Frewing confirmed that Councilor Woodruff's statement was correct. I Ie said dhe recointnendation would go to the Planning Conuiussion from the Policy Interest Team. This would be the process to winnow the document. If the Planning Coni nission wants to delete a policy, he believed they could do so. After review by the Planning Commission, the City Council would have the ability to add or delete items in the document. He reiterated that staff should not be able to review the proposals for consistency with department worn:programs and projects. I le added the City Manager should not be able to direct that items be deleted because the funding is not yet clear. He said there are many proposals in the Comprehensive Plan draft material where funding is not yet clear. The Comprehensive Plan is a 20-year Plan. Mayor Dirksen said he agreed with the philosophy of Mr. Frewing that if these are recommendations that are coining out of the policy action groups, then they should come to d-ie Planning Commission and die City= Council unfiltered so these bodies can see what the recommendations are. Mayor Dirksen noted adjustments might be made. There was agreement that staff commentary would be appropriate. Councilor Buchner said she did not agree with. die Budget Committee as she thought we needed to go ahead with a recreation plan. But, since there was unwillingness to coininit for a three-year period, she went along widi die group because it did not make sense to try to do a program for one year. Councilor Buchner said she drought the Budget Committee had made a very clear policy decision and she did not want to see dis proposal again. Mayor Dirksen said he thought the City Council should give tie policy action groups a clear field; that is, "we get from them whatever we get from diem." Councilor Woodruff commented that die recommendation for die recreation program had come from Park and Recreation Board to the Budget Cointuttee. If a broader interest group was now proposing the program, he did not think it would be unreasonable for this to be part of the document. I Ie added that die Budget Coirunittee has already indicated some concerns about this program, but Tigard City Council, Local Contract Review Board and City Center Development Agency Meeting Minutes August 14, 2007 Page 7 lie would not have a problem in looking at this. Mr. Frewmi g agreed with Councilor Woodruff and said that next year the City Council might or might not decide to place something on the ballot for recreation. Councilor Sherwood said her concern was to add specific language about how the program is to be created. Mayor Di:ksen said he thought it would be all right to keep this language while Councilor Sherwood noted that the City Council looks to staff for a detailed review of the document Councilor Buehner again said she did not want to see any recommendation for a ballot measure in 2008,when a policy decision has already been made. Councilor Woodruff said City Manager Prosser's suggestion that the language be nnore general was something that should come to the City Council. City Nlanager Prosser said he had concerns about the specific time fraines. I Ie said Mr. Frewing was correct about other language that had been removed; however, this language was duplicative. There is still language in the document that says the City will consider creating a recreation program. City Attorney Ramis noted there will be a legal review of the document. Legal counsel will be looking at the document with regard to its legal sufficiency and enforceability. The distinction the attorneys will be looking for in the language is what language shall be enforceable policy and what language is intended to be aspirational. It is critical that as the City Council reviews the document, it distinguishes between what it intends to be legally enforceable and what is an aspiration that the City might want to pursue in the future. City Attorney Ramis added that this is a legal document that can be brought to the Land Use Board of Appeals to be enforced. Councilor Wilson said the Comprehensive Plan sets the parameters for the zoning ordinance. What is being discussed at dais time is a new City service. He asked whether non-land use related items should be considered. City Manager Prosser advised that a briefing on the Comprehensive Plan process is scheduled for nest week's Council meeting;he suggested this matter could be discussed in more detail at drat meeting. City Manager Prosser said we were hoping to have broader Comprehensive Plan to set the overall direction for the City, not just for land use, but for what we want to aspire to and achieve in the City of Tigard. Proposed chapters of the Comprehensive Plan will soon be forwarded to the Plannung Conunission and then will also eventually come before die City Council chapter by chapter. F Ie acknowledged that he and Mr. Frewing have differing viewpoints. Councilor Shervood suggested to Mr. Frewing that he call the City Manager when he has concerns. Mr. Frewing said this had come up late yesterday evening. o Follow up to previous citizen communication: City Manager Prosser reviewed drat Mr. Frewing had brought up concerns about construction activity at Ash Tigard City Council, Local Contract Review Board and City Center Development Agency Meeting Minutes August 14, 2007 Page 8 Creels Estates. Staff reviewed these concerns and replied to Mr. Frewing in an e- mail corrnnutucation that was sent out today. The City's new arborist toured the site with the developer. The arborist confirmed drat die tree-protection fencing is back in place. Dirt had been moved within die tree-protection zone and this has been cleaned up. The arborist verified that the proper protection measures are in place and reiterated widi the builder die importance of snaking sure those measures are not even temporarily breached. The City's arborist also visited with the project arborist to stress the unportance of the same items that had been reviewed with the builder. 3. CONSENT AGENDA: Mayor Dirksen reviewed tie Consent Agenda: 3.1 Approve Council Minutes for May 22, 2007 3.2 Receive and File: a. Council Calendar b. Tentative Agenda 3.3 Approve an Intergovernmental Agreement with Metro Providing Tigard Police iDepartinent Support for die Enforcement of the Metro Illegal Disposal Ordinance 3.4 Approve a Resolution Approving Budget Amendment#3 to die FY 2007-08 Budget Increasing Interagency Revenues in the General Fund by$90,620 and Increasing Appropriations by$90,620 in die Police budget within the Community Ser-vices Program, to reflect an Intergovernmental Agreement between Metro and the City of Tigard to Assign a Tigard Police Officer for Enforcement of the Metro Illegal Disposal Ordinance - Resolution No. 07-52 RESOLUTION NO. 07-52—A RESOLUTION APPROVING BUDGET AMENDMENT#3 TO THE FY 2007-08 BUDGET TO INCREASE APPROPRIATIONS IN THE POLICE BUDGET WITHIN TIIE COMMUNITY SERVICE PROGRAM TO REFLECT AN INTERGOVERNIVIENTAL AGREEMENT BETWEEN METRO AND THE CITY OF TIGARD ASSIGNING A TIGARD POLICE OFFICER TO METRO 3.5 Consider a Mutual Aid and Assistance Agreement wid-i the Oregon Water/Wastewater Agency Response Network (ORWARN) 3.6 Consider an Amendment to the Intergovernmental Agreement with Clean Water Services 3.7 Consider a Third Amendment to die Joint Funding Agreement for die Integrated Water Resource Management (IWRM)Water Supply feasibility Study (Tualatin Basin Water Supply Project) 3.8 Local Contract Review Board:Award of Contract for Installation of a Traffic Signal at die Durham Road/108"'Avenue Intersection 3.9 Approve 2007 Justice Assistance Grant GAG)Application Tigard City Council, Local Contract Review Board and City Center Development Agency Meeting Minutes August 14, 2007 Page 9 3.10 Approve Memorandum of Understanding Regarding Potential Real Property Trans- action—bred Fields and Tigard-Tualatin School District (I Iall Blvd. Bus Storage Site and Fields Property) —Resolution No. 07-53 RESOLUTION NO. 07-53—A RESOLUTION OF TIIE CITY COUNCIL OF THE CITY OF TIGARD AUTHORIZING THE CITY MANAGER AND TIIE COMMUNITY DEVELOPMENT DIRECTOR TO CONTINUE TO WORK WITI FRED W. FIELDS AND THE TIGARD- TUALATIN SCHOOL DISTRICT IN EIZPLORING OPTIONS FOR A MUTUALLY BENEFICIAL REAL ESTATE TRANSACTION INVOLVING THE F IALL BOULEVARD BUS STORAGE SITE AND THE FIELDS PROPERTY Motion by Councilor Buelnner, seconded by Councilor Sherwood, to approve the Consent Agenda. The motion was approved by a unanimous vote of Council present. Plviayor Dirksen Yes Councilor Buelmer Yes Councilor Wilson Yes Councilor Sherwood Yes Councilor Woodruff Yes 4. REVIEW SECOND QUARTER COUNCIL GOAL UPDATE City Manager Prosser presented the update on the Council goals for the second quarter of 2007. City Manager Prosser noted that the City Council had adopted five goals at the beginning of the year. A copy of the staff report is on file in the City Recorder's office. Mayor Dirksen noted one of the City Council's goals (No. 5) was to increase Tigard's involvement with other government agencies. The Mayor noted that he and City Manager Prosser recently met with County Chair Brian and Commissioner Rogers to discuss an issue drat arose out of nnisconunumcation. Chair Brian and Mayor Dirksen have decided to speak to each other by telephone every other week to bring each other up to speed on issues. Also Metro is discussing a project called"Connectinng Green." Metro President David Bragdon has announced that he would someday life to be able to say that the Portland area has the best park and recreation system in the world. Mayor Dirksen said he has participated in several meetings and seminars regarding this program and how it might be implemented. Councilor Sherwood reported that she and Councilor Wilson attended a Metro sponsored trip to Port Moody,Vancouver. They also attended a zoo function. Tigard City Council, Local Contract Review Board and City Center Development Agency Meeting Minutes August 14, 2007 Page 10 Participation in these two events has helped to open opportunity for conunuunicationn between the City of Tigard and Metro. 5. APPROVE AN ORDINANCE AMENDING TIGARD MUNICIPAL CODE (TMC 5.04—BUSINESS TARES) MAKING CHANGES TO THE CURRENT BUSINESS TAX STRUCTURE Police Chief Dickinson presented the staff report;a copy is on file in the City Recorder's office. The changes in the proposed ordinance (Version 1 and 2) would fund a Commercial Crime Unit in die Police Department. Police Chief Dickinson reviewed the two versions of the proposed ordinance: Version 1 would change the business tax to a business license program along with implementing die other recommended administrative and collection procedures. Version 2 includes die sanne changes as outlined 111 Version 1, but includes hose conditions where suspension or revocation of a business license could occur. Staff recommended approval of Version 2. r Council discussion followed. Councilor Wilson noted he would be uncomfortable with the regulatory aspects of Version 2. During the discussion, Council reviewed the pros and cons With regard to having the ability of revoke a business license and to change die "tax" to a license program. City Attorney Ramis also reviewed die legal process whereby a business owner could appeal revocation of,,i business license. There was discussion about designating one or two councilors to review this matter in more depth. Councilor Wilson indicated he would be willing to worn:on this. If tie City Council approves Version 1, then this would mean that the revenue streain created could be dedicated to a Commercial Crime Unit, effectivejanuary 2008. City Manager Prosser suggested the City Council consider Version 1 with the understanding this would be revisited at a later date. Motion by Councilor Buchner, seconded by Councilor Woodruff to adopt Ordinance No. 07-15,Version 1. ORDINANCE NO. 07-15 (VERSION 1) —AN ORDINANCE AMENDING TIGARD MUNICIPAL CODE,TIviC 5.04,MAKING CHANGES TO THE BUSINESS TAX STRUCTURE- The TRUCTUREThe motion was approved by a unaninnous vote of Council present. Mayor Dirksen Yes Councilor Buehner Yes Councilor Wilson Yes Councilor Sherwood Yes Councilor Woodruff Yes Tigard City Council, Local Contract Review Board and City Center Development Agency Meeting Minutes August 14, 2007 Page 11 6. CONSIDER A RESOLUTION REVISING TI IE FY 2007-08 CITYWIDE MASTER FEES AND CHARGES SCHEDULE TO INCORPORATE CHANGES IN THE CITY'S BUSINESS LICENSE FEE Police Chief Dickinson presented the staff report. This change to the Master Fees and Charges Schedule relates to Agenda Item No. 5 above. A copy of the staff report outlining the information for tlis proposal is on file in the City Recorder's office. During City Council discussion, Councilor Woodruff noted that the business license fee had not been increased in 20 years. Motion by Councilor Sherwood, seconded by Councilor Wilson, to adopt Resolution No. 07-54. RESOLUTION NO. 07-54—A RESOLUTION REVISING THE FY 2007-08 CITYWIDE MASTER FEES AND CHARGES SCHEDULE TO INCORPORATE CHANGES IN THE CITY'S BUSINESS LICENSE FEE The motion was approved by a unanimous vote of Council present. Mayor Dirksen Yes Councilor Buehiner Yes Councilor Wilson Yes Councilor Sherwood Yes Councilor Woodruff Yes 7. CONSIDER A RESOLUTION APPROVING BUDGET AMENDMENT#1 TO THE FY 2007-08 BUDGET TO INCREASE APPROPRIATIONS IN THE POLICE BUDGET WITHIN THE COMMUNITY SERVICE PROGRAM FOR FUNDING OF A COMMERCIAL CRIME UNIT Police Chief Dickinson presented the staff report;a copy is on file 111 the City Recorder's office. This budget amendment relates to Agenda Item Nos. 5 and 6 above. City Manager Prosser noted there was a correction made to die original resolution submitted to the City Council. The agenda title for this item should have also been revised. Councilor Woodtiiff thanked Police Chief Dicl:ulson for h is work in getting the Commercial Crime Unit fronded and for obtaining the support of the business comrnu ity. Councilor Buehner added she appreciated the tune spent preparing flus proposal for the City Council's consideration and added her dlainks to Police Business Manager Imdieke for his work on this project. Tigard City Council, Local Contract Review Board and City Center Development Agency Meeting Minutes August 14, 2007 Page 12 Motion by Councilor Wilson, seconded by Councilor Buchner, to adopt Resolution No. 07-55. RESOLUTION NO. 07-55—A RESOLUTION APPROVING BUDGET AMENDMENT#1 TO THE FY 2007-08 BUDGET TO INCREASE APPROPRIATIONS IN TIIE POLICE BUDGET WITHIN THE COMMUNI"I'Y SERVICE PROGRAM FOR FUNDING OF A COMMERCIAL.CRIME UNIT The motion was approved by a unanimous vote of Council present. Mayor Dirksen Yes Councilor Buchner Yes Councilor Wilson Yes Councilor Sherwood Yes Councilor Woodruff Yes Recess City Council Meeting(8:45 p.m) Motion b), Councilor Sherwood, seconded by Councilor Buchner to recess the City Council meeting) The inotion was approved by a unanunous vote of Council present. Mayor Dirksen Yes Councilor Buchner Yes Councilor Wilson Yes Councilor Sherwood Yes Councilor Woodruff Yes Convene City Center Development Agency (CCDA)Meeting(5:55 p.m) • Chair Dirksen called the meeting to order at 8:55 p.m. • Roll Call: Chair and Board Members of CCDA Name Present Absent Chair Dirksen ✓ Director Buchner ✓ Director Sherwood ✓ Director Wilson ✓ Director Woodruff ✓ Tigard City Cotmcil, Local Contract Review Board and City Center Development Agency Meeting Minutes August 14, 2007 Page 13 S. DOWNTOWN URBAN DESIGN UPDATE—CITY CENTER ADVISORY COMMISSION (CCAC)AND PLANNING COMMISSION RECOMMENDATIONS Associate Planner Farrelly presented the Staff report•, a copy is on file in the City Recorder's office. City Center Development Agency received a briefing on the recommended format a level of design regulations for Downtown and the titneline to implement. The PowerPoint presentation overview is on file in the City Recorder's office. In response to a question from Councilor Buchner,Associate Planner Farrelly advised that consultants from Leland Associates will be talking to developers to gain insight on this matter. Long Range Planning Manager Bunch reported that Jodie Inman and Tom Anderson have given input from a developer's perspective. There was support for design standards. In response to a question from Mayor Dirksen,Associate Planner Farrelly advised that the cities of Bend and Eugene have used form-based code regulations. Mayor Dirkseti commented he would like to know more about how the form-based code process would work with Oregon's land use laws referring to tle incentives for a streamlined process. Councilor Wilson said he thought flus proposal was an amplification of what the City is already doing citing the procedures for developing in the Tigard Triangle. In response to a concern by Councilor Wilson,Associate Planner Farrelly agreed that die form-based code provisions should provide guidance dirough certain principles, but still allow opportunity for some variety itn development. Discussion followed regarding form-based code principles and the development obscived at Port Moody, B.C. During discussion widn staff members Long Range Planning Manager Bunch and Associate Planner Farrelly it was noted that some regulations might address materials that were not considered desirable or methods to emphasize high quality, durable building materials. Long Range Planning Manager Bunch responded to the discussion noting land is getting more expensive and developers want to protect their investment. It's a matter of approach and getting direction from the leadership about what kind of cotninunity is wanted. Chair Dirksen noted the multi-padn approach described by staff is innovative and he looks forward to seeing where this will go. Motion by Director Buchner, seconded by Director Woodruff to ad)ourn the City Center Development Agency meeting. Tigard City Council, Local Contract Review Board and City Center Development Agency Meeting Minutes August 14, 2007 Page 14 The motion was approved by a unanimous vote of d-ie Agency members present. Chair Dirksen Yes Director Bueliner Yes Director Wilson Yes Director Sheilvood Yes Director Woodruff Yes Adjourn City Center Development Agency(CCDA)Meeting:9.20 pan. Reconvene City Council Meeting: 9:21 p.m. • Mayor Dirksen reconvened the City Council meeting. • City Council present: acne_ Present Absent Mayor Dirksen ✓ Councilor Bueluler ✓ Councilor Sherwood ✓ Councilor Wilson ✓ Councilor Woodruff ✓ 9. FINALIZE SANITARY SEWER REIMBURSEMENT DISTRICT NO. 37 (SW 8.11-1' AND HALL BLVD.) Mayor Dirksen opened the public hearing. There were no declarations or challenges. City Engineer Duenas presented the staff report; a copy is on file in the City Recorder's office. The Powerl'ourt presentation overview is on file in the City Recorder's office. The proposed resolution would finalize Reimbursement District No. 37 as modified by the final City Engineer's report. Public Testimony: • Connie Curtis, 15285 SW Alderbrook Court,Tigard, OR 97224 testified about her concerns for increases in costs and her potential plans to develop her property. She noted her problems with getting maps from the City. City Engineer Duenas explained nnaps can be provided and noted the property was staled out for Ms. Curtis. He referred to printed materials provided to the property owners within the district. Ms. Curtis had requested information about Tigard City Council, Local Contract Review Board and City Center Development Agency Meeting Minutes August 14, 2007 Page 15 costs associated with different development scenarios and City Engineer Duenas advised that staff should not give "development advice." City Engineer Duenas advised that snaps could be provided to Ms. Curtis. City Engineer Duenas advised staff recommended approval of the finalization of Sanitary Sewer Reunbursement District No. 37 (SW 87" and Hall Boulevard), as proposed in the Resolution before the City Council. Mayor Dirksen closed the public hearing. Motion by Councilor Buehner, seconded by Councilor Woodruff, to adopt Resolution No. 07-56. A RESOLUTION FINALIZING SEWER REIMBURSEMENT DISTRICT NO. 37 (SW 87"" COURT AND HALL BOULEVARD) AND AMENDING THE PRELIMINARY CITY ENGINEER'S REPORT CONTAINED IN RESOLUTION NO. 07-06 The motion was approved by a unanimous vote of Council present. Mayor Di:lisen Yes Councilor Buehner Yes Councilor Wilson Yes Councilor Sherwood Yes Councilor Woodruff Yes 10. PUBLIC HEARING—CONSIDER REQUIREMENT TIAT ALL CIIEF PETITIONERS FOR A CITY OF TIGARD INITIATIVE,REFERENDUM OR RECALL PROCESS BE ELECTORS OF THE CITY OF TIGARD Mayor Dirksen opened the public hearing. There were no declarations or challenges City Recorder Wheatley presented the staff report; a copy is on file in die City Recorder's office. Public Testimony: None. In response to a question f-ronh Councilor Woodruff, City Manager Prosser clarified that this ordinance would apply to ballots for City of Tigard voters only. Councilor Bueluner noted her concerns that too many outside interests were trying to impose dleir own interests on local voters. She said she drinks petitions should be started and hushed by the people who are going to be affected by thein. Tigard City Council, Local Contract Review Board and City Center Development Agency Meeting Minutes August 14, 2007 Page 16 Staff recotmnended the City Council consider the proposed ordinance. Mayor Dirksen closed die public hearing. Motion by Councilor Sherwood, seconded by Councilor Woodruff, to adopt Ordinance No. 07-16. AN ORDINANCE AMENDING THE TIGARD MUNICIPAL CODE BY ADDING SECTION 1.12-060 REQUIRING CIIIEF PETITIONERS FOR A CITY OF TIGARD INITIATIVE',, REFERENDUM OR RECALL PETITION BE ELECTORS OF TIIE CITY OF TIGARD The motion was approved by a unanimous vote of Council present. Mayor Dirksen Yes Councilor Buehner Yes Councilor Wilson Yes Councilor Sherwood Yes Councilor Woodruff Yes 11. PUBLIC-HEARING—CONSIDER A RESOLUTION GRANTING AN BZENIPTION FROM COMPETITIVE BIDDING UNDER PUBLIC CONTRACTING RULE NO. 10.110 FOR THE CONSTRUCTION OF TIIE I IITEON CREEK RIPARIAN ENIANCEMENT PROJECT AND AWARDING A CONTRACT FOR TIIS PROJECT TO DEVELOPER DOUGLAS A. PRY Local Contract Review Board Chair Dirksen opened the public hearing. There were no declarations or challenges. Assistant Public Works Director Rager presented the staff report;a copy is on file in the City Recorder's office. I Ie noted die estitnated due date will be longer than what was noted 111 the staff report and advised the overall project will take inuch longer with the engineering work taking 14-20 days. Public Testimony: None. Local Contract Review Board Chair Dirksen closed the public hearing. Councilor Woodruff noted his appreciation for the formal purchasing rules;however, dlere are tithes when an exception should be granted and he felt d-1-is was one of dose tunes. Motion by Board Member Woodruff, seconded by Board Member Wilson, to adopt Local Contract Review Board Resolution No. 07-01. Tigard City Council, Local Contract Review Board and City Center Development Agency Meeting Minutes August 14, 2007 Page 17 LCRB RESOLUTION NO. 07-01 —A RESOLUTION TO APPROVE FINDINGS FOR AN EZEIVIPTION FROM COMPETITIVE BIDDING UNDER PUBLIC CONTRACTING RULES 10.110 FOR THE HITEON CREEK RIPARIAN ENHANCEMENT PROJECT AND AWARD A CONTRACT FOR THIS PROJECT TO DEVELOPER DOUGLAS A. FRY The motion was approved by a unanimous vote of Local Contract Review Board members present. Chair Dirksen Yes Board Member Buehner Yes Board Member Sherwood Yes Board Member Wilson Yes Board Member Woodruff Yes ➢ ADJOURNMENT: 9:45 p.m. Motion by Councilor Wilson, seconded by Councilor Buelumer, to adjourn the meeting. The motion was approved by a unanimous vote of Council present. Mayor Dirksen Yes Councilor Buehner Yes Councilor Wilson Yes Councilor Sherwood Yes Councilor Woodruff Yes Catherine Wheatley, City Recorder Attest: Mayor, City of Tigard Date: (7- y-7 1:\11DAI\Cathy\CCA4\2007\070814 ccm.doc Tigard City Council, Local Contract Review Board and City Center Development Agency Meeting Minutes August 14, 2007 Page 18