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City Council Minutes - 11/27/2007 Agenda Item No. , For Agenda of i TIGARD CITY COUNCIL/LOCAL CONTRACT REVIEW BOARD Meeting Minutes November 27, 2007 6:30 I'M 1. BUSINESS MEETING 6:32:06 PNI 1.1 Mayor Dirksen called the Tigard City Council and Local Contract Review Board to order at 6:32 p.m. L2 Roll Call Naive Present Absent Mayor Dirksen ✓ Councilor Buchner ✓ Councilor Shei%wood ✓ Councilor Wilson ✓ Councilor Woodruff ✓ 1.3 Pledge of Allegiance 1.4 Council Conununications &Liaison Reports: None 1.5 Call to Council and Staff for Non-Agenda Items None ?. CITIZEN CONINIUNICATION 6:32:5513NI • Tigard Area Ch.unber of Commerce Reptesentative—President Meeks annocnced information about the Holiday Tree Lighting,which is on Friday,December 7, 2007 on Main Street. 6:36:03 PAI ■ Steve Ahman, Tigard, OR introduced Conner Hunter, age S,who plays on the Little League team that Mr. Ahman coaches. Mr. Ahman said Mr. Hunter would some clay life to be Mayor and had an issue he would like to present to the City Council. Mr. I Iunter asked the Mayor and Council if they would consider buying electric cars for the City to reduce pollution. Mr. Hunter also asked Mayor Dirksen if he would come to Metzger elementary school. Mayor Dirksen said he would be glad to come to the school if this was all right with the teacher and die school officials;in fact, he has visited Metzger School before. Mayor Dirksen Tigard City Council and Local Contract Review Board Meeting lAinutes —November 27, 2007 Page 1 thanked Mr. Hunter for his suggestion about electric cars and advised that the City is buying hybrid cars to reduce pollution and for better gas mileage. Mayor Dirksen presented the visitors with City of Tigard logo pins and thanked them for attending the City Council meeting. ■ Phil Decker, "unincorporated Bull Mountain," expressed congratulations to the City Council for its policy to receive public comment at its meetings. In contrast he noted that the Tigard Water Board recently adopted a policy to forbid public cotrunent at special meetings. Since July, 50 percent of the Board's meetings have been special meetings. Mr. Decker reported that he attended a Tigard Water District Regular Board meeting last night to ask questions about recent expenditures authorized by the Board. Mr. Decker said that the Board's annual income is $17,000 and in the first five mond-is of die fiscal year, almost die entire year's income has been spent on litigation against tie City of Tigard. Mr. Decker, when pursuing an answer to his question, said he was gaveled down and was told the Board would not respond to questions; he could only offer comments. Mr. Decker concluded his remarks and said it was great to be in an environment where die public was allowed to ask questions of the Tigard CitS, Council. Mayor Dirlisen thanked Mr. Decker for his coininents. Councilor Wooditiff added his appreciation to The O1Cgp11lQ11 for last Sunday's section on the City of Tigard showcasing the positives of the Tigard community. I Ie said lie hoped the City could get a number of copies to distribute. 6:43:15 PNI Mayor Dirltsen reviewed the items on die Consent Agenda: 3. CONSENT AGENDA: 3.1 Approve Council Minutes for September 18,25 and October 9, 2007 3.2 Receive and Tile: Notes from the October 30, 2007 Fifth Tuesday Council Meeting 33 Local Contract Review Board: a. award Contract for a Systems Integrator of Record to Portland Engineering, Inc. and authorize die City Manager to Execute die Contract b. Award Contract for Design Services for the Greenburg Road/I Iighway 99W/ M"mil l Street Intersection Project to W& H Pacific Corporation c. Award Contract for Classification/Compensation Study to Koff& Associates and Audiorize the City Manager to Enter into a Contract for Professional Sei-%vices to Conduct die Study 3.4 Approve Budget Amendment#7 to the FY 2007-08 Budget Increasing Appropriations by$66,040 in die City Administration Budget Within the Policy Tigard Cite Council and Local Contract Review Board Meeting Minutes —November 27, 2007 Page 2 and Administration Program, to Reflect die Costs Associated with a Citywide I ob Classification and Compensation Study—Resolution No. 07-65 A RESOLUTION APPROVING BUDGET AMENDMENT#7 TO THE FY 2007-08 BUDGET TO INCRIyASE APPROPRIATIONS IN THE HUMAN RESOURCES BUDGET WITHIN TIIE POLICY AND ADMINISTRATION PROGRAM TO REFLECT TIIE COSTS ASSOCIATED WITI A CITYWIDE JOB CLASSIFICATION AND COIVIPENSATION STUDY 3.5 Approve Amendment#I to the IntergoveriunentLal Agreement with Metro Providing Tigard Police Departinent Support for the Enforcement of the Metro Illegal Disposal Ordinance and Establishing an Additional Full-Time Police Officer Position in the Police Department Budget; and Authorize the City Tvianager to Sigh Amendment#I Motion by Councilor Buchner, seconded by Councilor Wilson, to approve the Consent Agenda. 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 6:4-5:39 PM 4. CONTINUATION OF LEGISLATIVE PUBLIC HEARING FROM THE TIGARD CITY COUNCIL MEETING OF OCTOBER 23,2007— COMI:)I EI IENSIVE PLAN AMENDMENT CPA2007-00001 — UPDATE OF GOALS,POLICIES, AND RE C01\4MENDED ACTION MEASURES PERTAINING TO STAI7E-WIDE PLANNING GOAL C: AIR,WATER,AND LAND RESOURCES QUALITY; GOAL 8: RECREATION NEEDS;AND GOAL 13: ENERGY CONSERVATION REQUEST: Amendments to the current Comprehensive Plan Topics 3: Natural Features and Open Space; 4: Air, Water, and Land Resources Quality; and 9: Energy by updating the goals, policies and recommended action measures to reflect current cominuility conditions and values. The complete teat of the proposed Amendment can be viewed on the City's website at http://www.tigarcl- or.gov/code—amendments. LOCATION: Citywide. ZONE: Citywide. APPLICABLE REVIEW CRITERIA: Corru-nunity Development Code Chapters 18.380, 15.390;Comprehensive Plan Policies 1,2, 3, 4, 8, & 9;Metro Functional Plan Title 3 and 13;and Statewide Planning Goals 1, 2, 5, G, 8, 11, 12, and '13. Tigard City Council and Local Contract Review Board Meeting Minutes —November 27, 2007 Page 3 a. Mayor Dirksen announced the continuation of dais public hearing; die testimony portion of die hearing was closed on October 23, 2007,and the City Council will now deliberate on this matter. 6:46:20 PM b. Associate Planner Wyss presented the staff report. • City Council reviewed the environmental quality chapter; those changes requested can be found in the Agenda Item Siuiimaiy. These have also been incorporated into 1---xliibit A. • The discussion had concluded on the environmental quality. Nov, review is needed for Parrs, Recreation and Open Spaces Chapter and the Energy Conservation Chapter. C. City Council Discussion • 1\4ayor Dirksen asked if City Council was comfortable with the language on Environmental Quality. Council members indicated that they were comfortable. The Mayor said he saw two things drat he would asked the City Council to consider: o tinder recoiihinended action measures, Page 6-4,Action Measure No. Iv: It is implied that this is about public transportation, but it doesn't actually say that anywhere. It just says "identify underseived neighborhoods" but it doesn't say underserved in what capacity. Mayor Dirksen recoriiihended that the language read: "identify neighborhoods underserved by public transportation and seek improvement to service in these areas." There is an implication that if we are tall;ing about seeking funding, that would be separate from Triplet taxes that we already pay. Consensus of City Council was to use Mayor Dirksen's revised wording. o Mayor Dirksen referred to "number 11,"wlich is to develop an ongoing coiihrnittee to evaluate a Tigard public transportation system. Mayor Dirksen said he recalled at the last meeting that the City Council asked for all three of die final action measiues (9, 10, and 11) be struck. City Council agreed with Mayor Dirksen. o Associate Planner Wyss confirmed dlat these will be renumbered after adopted. • Energy Conservation o Mayor Dirksen advised he had no comments. o Councilor Sherwood referred to Page 13-3 and the following language, "the following land use planning strategies can result in a more energy-efficient community...developing a public transit system diat is reliable, connected, and efficient..." Councilor Sliervood said "public transit system" means Triplet to her; however, she does not know what this would mean to other "Tigard City.Council and Local Contract Review Board Meeting Minutes —November 27, 2007 Page 4 people. She said we are not trying to do a new transit system; we are trying to provide the infrastructure for those transit systems. Mayor Dirksen said he was comfortable with the language because we do work Widi Tri-Met to improve service and create such a system. Even though we personally are not responsible for it,we certainly do work With tient in partnership. o Councilor Buchner asked a follow up question. She asked Councilor Wilson if he had n2entioned that at soiree point in the future we might loot:at doing our own transit system. It seemed to her that this would leave enough flexibility; should we leave this language flexible. Councilor Wilson said he thought the verb "developing" in the language was dee problem. He would prefer language "support the development" or something like that. Councilor Sherwood agreed this would be better. Mayor Dirksen suggested "support a public transit system that is..." Councilor Wilson said that with regard to land use, that is What you are doing, you are supporting. Councilor Sherwood said she felt that we are not really developing a public transit system, but we support TriMet and the train going through here. o City Manager Prosser advised that the section City Council was referring to in the above paragraph is actually in the findings; this would not set the goal for the city. The lead-un is "the following land use planning strategies can result in a more energy-efficient. community." Therefore, this is a funding and a general statement to lay the groundwork for the goals, policies, and action measures. I\Iayor Dirksen said that this means this is input that came out of the public process. Associate Planner Wyss confirmed Mayor Dirksen's statement and added this was a discussion by the Policy Interest Team about different activities that the City could undertake at some point that are general land use concepts to iih2prove energy conservation. These are the two fundings that set up the background for the policies that have been developed. Mayor Dirksen said that the problem might be the verb as referred to by Councilor Wilson; perhaps it is not needed at all. It is just recogi2izing that that land use strategy— a public transit system fiat is reliable, connected and efficient would be sufficient wording. (with the elimination of the one word). Councilor Buchner said there is a problem 112 that there is a gerund for et-cry item except for this one; die language should be consistent in the language. Councilor Sherwood said she liked the Mayor's word, "support" to indicate that we are supporting a public transit systen2. There was agreement among the Cite Council after discussion to change the word from "developing" to "support." o Councilor Wilson referred to Policy No. 3, "The City shall require future development to consider topography,vegetation, and solar access during the design phase to reduce demands on Tigard City Council and Local Contract Review Board Meeting Minutes —November 27, 2007 Page 5 heating, cooling...." Councilor Wilson said his concern is that the policy, as stated, is not always practical. Not every project will be able to adliere to this policy, especially for a single-fanifly detached home, which is the predominant housing type in Tigard. To try orienting these structures in any way different than to the street would be impractical. Councilor Sherwood advised she questioned the word "require" in this section. Mayor Duksen said the wording does not indicate what level of consideration needs to be given. 6:56:41 PM It might consist of one sentence ii-i the language governing the design process where the developer and the architect are asked if there was any way they could consider topography, vegetation and solar access to reduce demands. If the answer is "no," then they go on from there. Councilor Wilson noted reluctance at including this wording if it is not going be meaningful. In many cases people want to do the right thing, but there are so many complex- factors involved. Councilor Sherwood suggested the word "encourage" be used and Councilor Wilson said this might be a good substitute as he thinks the word "required" is too strong. Councilor Buchner said she would like developers to consider this issue. She said most developers will analyze these considerations whether the City requires it or not; however, there are some developers who will not unless it is stipulated in the Comprehensive Plan and the Development Code. Councilor Buelnner said she would feel more comfortable as we are trying to look at ways to be greener that we at least require everyone to take a look at those issues. She said she understands Councilor Wilson's concern that it is not feasible in a lot of situations, but she would like for it to be at least taken into consideration as a plat is set out for a subdivision. Councilor Buehner said she would like to see this issue addressed to give support to staff and the conununity to move toward green development. Councilor Woodruff commented that this wording is not under an action item. Councilor Wilson said it is a policy from which codes will be developed. Councilor Woodruff asked how would we assure that the developer considers this; does this have to be part of what is submitted in the development plan to show it was reviewed and state the reasons why it can or cannot be done? Mayor Duksen said it might be just a question during the design review asking if this policy was considered. The developer would then justify why they "clid or didn't." Mayor Dirksen said it would be different if it said "The City shall require development to lrlili.;e topography,vegetation, and solar access." They can consider it and then discard if it is impractical. 7:00:06 Ply-1 Tigard City Council and Local Contract Review Board Meeting Minutes —November 27, 2007 Page 6 Maj=or Dirksen said he agreed with Councilor Buchner; he would like to see this policy retrain unless the City Council feels it "paints us in too tight of a corner." o Councilor Buchner asked if staff has a con-Anent on the above discussion. Associate Planner Wyss advised the policy was deliberately written by the Policy Interest Tewin to consider; they were fully aware that not every development would be able to utilize solar access and concepts such as this. It would be up to staff to come up with a process to ensure that developments are considering this through the application process and the design review. Staff fully supports the statement. Councilor Wilson suggested the discussion move on. o Councilor Wilson referred to 6A, dealing with Leadership 111 Energy and Envu:onnnental Design (LEE,D). He said lie was concerned, given the shelf life of die Comprehensive Plan that reference not be made to specify a private standard. It might be utilized, but he said LEED is relatively new— there are about 40 LEED certified buildings in Portland. Councilor Wilson suggested language allude to systems such as LEED as opposed to naming it. Mayor Dirksen said he learned at National League of Cities there is at least one other program. Councilor Wilson said we don't know if over the next 20 years if LEED will emerge in the dominant position that it appears to have now. Councilor Wilson suggested wording, "such as LEED." He reiterated the specific reference should not be made. I-Ie offered another wording suggestion: "Encouraging private development to incorporate energy conservation programs into the design process."—or something similar, that is more generic. Councilor Buchner asked if it would be useful to say "such as LEED" to give it some context. Councilor Wilson said that would be fine if it helps people understand what you are after. I Ie said he had trouble trying to define LEED in generic terms; Mayor Dirksen agreed. Mayor Dixksen suggested that the language be left as is, but after the parenthetic "LEED" include "and other accepted standards." Councilor Wilson said this would be fine. o Councilor Wilson referred to "D" and that it relates to his previous comment; sometimes this would be unpractical. He noted the language says "support." 7:03:41 PM In response to a question from Councilor Woodruff, Associate Planner Wyss advised the section encouraging water conservation will be included in the public facilities chapter. 7:03:57 PM Goal S, Chapter S—Recreational Needs Tigard City Council and Local Contract Review Board Meeting Miiutes—November 27, 2007 Page 7 o Associate Planner Wyss advised that no changes have been made to the proposed language since forwarded by the Planning Coiniiiission. A couple of the policies were rearranged for different goals. o Under policies—Councilor Wilson said he thought 25 policies were too many. o Councilor Wilson referenced Policy No. 2, "The City shall acquire and, where appropriate, improve natural areas..." 1\1lost of the natural areas in Tigard are currently under private ownership. A lot of the wetlands are privately owned and for a long time the City had a policy of not accepting parcels that cannot be developed when a subdivision was subdivided. If this becomes a policy, you are placing requirements or purchasing property that cannot be developed. Councilor Wilson said lie that these pieces would sometimes be acquired by the Cite. Mayor Dirksen said he also hada problem with No. 2. He said it is a laudable goal; however, it is not necessarily achievable. I Ie noted his concerns with the language saying "shall acquire" within a half riffle is not always possible. Councilor Wilson added that it is also not always necessary; there is a benefit if it is preserved, regardless of who owns it. Mayor Dirksen suggested that instead of the word "acquire" could we say "protect" or "preserve." Councilor Wilson suggested "shall preserve and where appropriate acquire and inprm e natural areas..." Council members agreed to the last statement. Associate Planner Roberts advised that the half pule was selected from a city survey for natural areas. o Councilor Wilson asked where the ideal of 11 acres of park land per thousand in population carne from;what standard is this? Associate Planner Roberts said the 11 acres was from the Pari:Master Plan and is defined as the aspirational standard for park acreage within the City. The City, now has a little less than 8 acres per 1,000 'in population. 7:09:10 PM Councilor Wilson said he chid not have a problem with this;he was only wondering where this "ideal' carne from. o Councilor Wilson referred to No. 7, "The City shall ensure public safet),as a major consideration un the design,planning, and management of parks and open space and trails." He said lie designs parks and this is certainly a consideration,but he would not want to see public safety as the"major one." Associate Planner Roberts advised the Police Chief requested this. Mayor Dirksen said he would object if a trail could not be constructed if it could not be built to provide the "ma-iinurn security." Councilor Wilson agreed that safety should be kept in mind; this should be a consideration; just not a"major" consideration. Council members agreed to strike die sword "major." o Councilor Wilson referred to No. 10 and said he did not understand what this meant: "In addition to standuig committees,such as the Park and Recreation Advisory Board and the Tree Board, the City shall involve its residents and businesses as active participants and partners in all aspects of providing part:and recreation services, including park system master planiiiiig and City Comprehensive Planning efforts." Councilor Wilson said Tigard City Council and Local Contract Review Board Meeting Minutes—November 27, 2007 Page 8 while we are always appreciative of people who want to help, but this sounds as if we are trying to get uninterested people involved. Cotnicilor Sherwood said she also had trouble with this language but she was less concerned when she read further to fund the following word1119 ' : "The Cit), shall continue to involve..." We already do t1lis. Councilor Wilson said die number of polices should be shortened;some are redwidant. Mayor Dirksen noted 16 and 23 are redundant and Councilor Wilson agreed. Councilor Wilson noted that volunteers are talked about later in the document and No. 10 could be struck. Associate Planner Roberts said this section was contained to reflect what we already do; for example,when we master plan a park,we always include a public involvement component. Councilor Wilson said this language could be simplified. Mayor Dirksen noted that No. 17 refers to the volunteers who actually go out and work in the parks and plant trees, i iprove trails, and things life that as opposed to being involved 111 planning. 7:12:56 PINI Councilor Buchner pointed out there is a whole chapter on Public 11i1volveuient and questioned whether this should be in die public involvement chapter. Councilor Wilson said he thought it would be appropriate to say that when you plan a new park or any design work in a park that}Jou involve the public. I Ie said he just didn't understand the way it is worded. Councilor Wilson agreed to Councilor Bueliner's suggestion to include dais in the public involvement chapter as long as it is stated"any capital improvement has a public involvement process." Councilor Wilson said drat dhis wording could be struck in this section so long as it is picked up in die public involvement section. Nilayor Dirksen asked if die goal here is to condense die language. Councilor Wilson said no, he didn't understand what it was getting at—it was a little bit wordy. Councilor Woodruff commented that if we talk about the volunteers at large, this might be accomplished. He wondered if there was still place to call out the importance of the PItAB and die Tree Board as we look at tills particular section. Councilor Sherwood noted that before she was on the City Council die park board had been dissolved and it was recently resurrected. Councilor Sherwood said wording should recogtlize die importance of the park board to emphasize this for future City Councils. Councilor Wilson offered wording to die effect of "In the Capital Improvement process, die Park and Recreation Advisory Board and the Tree Board as well as residents and businesses shall participate it die planning process." Councilor Sherwood clarified die wording could be "The City shall continue to involve its residents and businesses as active participants and partners in all aspects of providing park and recreational in more than the capital improvements. In response to a services." Mayor Dirksen suggested tie first part of the sentence be shortened to say, "The City shall iivolve its residents..." In response to a question frons Councilor Woodruff regarding PRAB, there was additional discussion Tigard City Council and Local Contract Review Board Meeting Minutes —November 27, 2007 Page 9 regarding whether PRAB should be specifically referenced since they are involved question from Associate Planner Roberts, Councilor Sherwood clarified the phrase of the sentence should be struck: "... inhchiding park system master planning and City Comprehensive Planning efforts." It was confirmed that the fust part of the sentence should read: "The City shall continue to..." o Councilor Bueliner said she agreed wide Councilor Wilson in that the same thing is being said over and over aguri throughout the policies and these need to be consolidated and simplified. 0 7:17:10 PM Councilor Wilson said he thought that Nos. 12 and 13 could be consolidated. No. 16's only purpose seems to be to point to 23 and could be struck. Mayor Dirksen agreed. In response to a question from Councilor Sherwood,Associate Planner Roberts said the policies reflect dhe consensus of the unanimous agreement of the citizen group that put these together. They decided they should be detailed rather than general. Councilor Sherwood noted that some of the other sections of the Comprehensive Plan are not as detailed. 0 7:15:22 PM Councilor Bueluier referred to Nos. 12 mid 13 where it is said that we coordinate xvid1 other stakeholders and agencies and (in 13) building partnerships. These could be consolidated unto one. The point is you want to have a policy that die City will work widh private entities and governmental entities to look at opportunities to acquire and thhaintain open space and public facilities. It does not need to be said twice. 0 7:19:03 PIM Councilor Woodruff referred to No. 19 where it seems the point of this is talkingabout providing high level maintenance; he said lie was not sure that this goes with open space. He could understand this for parks and recreational facilities, but isn't this part of open space in that there is not a lot of ongoing maintenance. Councilor Wilson said dhere's not a lot,but there's some maintenance required. Mayor Dirksen said tis covers active-use parks as well. Councilor Wilson said the level of maintenance would be appropriate to its need. 0 7:20:03 PNI Councilor Wilson noted Policy 21 is similar to 17;it is recognizing the need for volunteers. Mayor Dirksen said he dhinks 17 is phrased better. Council agreed to strike Policy No. 21. 0 7:20:33 13NI Councilor Wilson said he thought Policy No. 20 could be phrased simpler. It says, "The City shall work widh all elements of the con-imuiiity to provide and manage a fully functional urban forest." He suggested the following replacement wording: "The City shall seer:to establish and manage a fully fiinctional urban forest." 0 7:21:06 PNI Councilor Wilson referred to Policy No. 22,which deals xvidi Americans Xvidi Disabilities Act(ADA). I Ie asked if the City has an ADA plan. Assistant Planner Roberts said we do and referred to die Parks Plan. Councilor Buchner said that ADA is the cuuent la-,v; there is nothing to say that It will not have a different name or a different law 20 years from now. She suggested a more general statement"to provide access to all City residents." Mayor Dirksen said this is a general comment that he has and noted Policies 23 and 24 as well—and questioned whether dais bind of Tigard City Council and Local Contract Review Board Meeting Minutes —November 27, 2007 Page 10 specificity would be more properly in the City Code that comes out of dlis document as opposed to being stated in d-is clocuunent. He noted that 23 and 24 read lilie a law. Councilor Wilson noted he had this conuilent, too. Mayor Dirksen said he thought there could be a general statement made un 22, 23, and 24 referencing specific language would be included in the Code. 7:22:22 PM Couuicilor Wilson noted that ADA is already law anytime you do something new. I-Ie said he assumed that d-ie plan.has to do with retrofitting existing facilities. Councilor Wilson said he would like to highlight the importance of accessibility for facilities;this is a value we would have regardless of a lain. If we can make this more generic, Councilor Wilson said he agreed die reference to"ADA" should be removed and just say"make it accessible. Associate Planner Roberts clarified the language should then read "shall continue to improve access to neighborhood parks and other facilities." Councilor Wilson said the language should be specific to people with disabilities so that it is understood what access means. Councilor Wilson and City Manager Prosser suggested the wording be along dne lines of"improve access for all citizens regardless of ability." City Council members agreed with this last wording proposal. o Councilor Wilson said the reason you are not specific in a Comprehensive Plan is that you don't want to do a Comprehensive Plan amendment every time you want to tweak the criteria for accepting a donation. For Section 23, Mayor Dirksen suggested that all that is needed is the first sentence; the rest will require some memory because dhis information needs to end up in the code—we don't want to lose it—but it does not belongmi dle Comprehensive Plan. Councilor Wilson said you could say "Based on the criteria established un policy." Associate Planner Roberts said dle reason the details were included here is because we don't have clear criteria at. present. Often times when we evaluate potential donations,we do not have any standards to reference. The purpose was to establish clear standards for consrderui lg a donation of private property and dedication of lands to the City. City Council members agreed die detail should be in Code. Councilor Wilson and other City Council members drought there was a policy pertaining to donations. Associate Planner Roberts said dlere are "parts of policies." Councilor Wilson suggested wording: "The City shall develop and enforce a policy regarding criteria for acceptance of donations." Councilor Buchner said that it seemed to her that staff has already developed the language for the Code that will implement this Connprelhelnsive Plan policy. o Councilor Wilson said the same premise as noted in the paragraph above can be applied to No. 24. Associate Planner Roberts recited the following proposed language to include the first sentence"Acceptance of any land donated for part:purposes shall be based upon its usefulness and adaptability to the Park System Master Plan." City Council members indicated this wording is all right. Mayor Dirksen said that is all that would be needed. "Tigard City Council and Local Contract Review Board Meeting Minutes —November 27, 2007 Page l 1 o Mayor Dirksen suggested that on No. 24,we could combine the first two sentences and say, "City-owned property may be used for private wetlands mitigation considered on a case-by-case basis." Associate Planner Roberts advised that this wording was from an ordinance the City Council adopted in 1996 and tends to be overlooked; people do not seem to be aware of it. Mayor Dirksen asked that when a situation ar7ses,where does staff or anyone first look to fu-id out what the guidelines are; do they look in die Comprehensive Plan or do they look un the ordinances. Associate Planner Roberts said he was aware of the ordinance, but was uncertain whether others were. City Manager Prosser said it sounded to lihn like the issue is ordinance versus code. If we were to follow the course that the City Council has taken on No. 23,we would have a general statement;we would not want to lose this,but it would be picked up when we redo die Development Code. Mayor Dirksen said the Development Code and city ordinances have the same weight. City Attorney Ramis confirmed the Mayor's statement. Councilor Buchner said solnetilnes there is an oversight in follow up and ordinances do not get incorporated into the Code. Councilor Buchner said she thought these were great ideas and suggested the language could he picked up and placed in die Code; die work is already done. Councilor Wilson said there are places where die ordinances and the Development Code have different standards;we have got to be careful when you have somediing iii both that you don't"paint yourself into a corner." o Mayor Dirksen said No. 25 should be another letter Linder No. 24. We need to make sure this is in die Code;it is not needed here. o Councilor Buchner said Councilor Wilson's point is important. It would be helpful as we start to go into tie code process for staff to help tie City Council ldcntif,and update inconsistent language ill current ordinances and code language. Mayor Dirksen said he would also encourage citizens who were 11n-olved in this process to stay engaged as the City conducts hearings for proposed ordinance and Code amendments. o Mayor Dirksen suggested wording for Policy No. 4 (simikur to Policy No. 2): "Where the City shall develop neighborhood parks within.—located within a half mile." We would endeavor to do this;however, die Mayor said he did not think die City could promise to do tris,because it might not be physically possible. For that reason, Mayor Dirksen suggested that we change or add die phrase, "The City shall endeavor to develop neighborhood parks..." This would be a goal,but not necessarily something dhat the will be able to achieve. o Mayor Dirksen posed a question to the City Attorney on No. S, "The City shall enforce park rules especially agaiinst loitering,harassment, and camping,and work to identify long-term solutions to diese three ongoing park-use problems." He asked if the could legally do this. City Attorney Ramis advised there are linits on all these categories. It might be better to express this un a more general way to deal lvidi public safety rather than Tigard City Council and Local Contract Review Board Meeting Minutes —November 27, 2007 Page 12 being specific as to which tools to use. Councilor Wilson suggested, "The City shall enforce public safety..." Councilor Bueluher asked if Nos. 7 and 8 should be combined;No. 8 looks like it is a continuation of 7. Councilor Wilson said that No. 7 has to do with die design. Mayor Dirksen and Councilor Bueliner noted that No. 7 also says, "and nhanagetnent." Councilor Buchner said she agrees with the policy. Staff suggested alternative language: "The CAN, shall enforce pari:rules to protect safety." City Council members agreed this would be acceptable. Associate Planner Roberts noted there had been a cornrnittee concern about activities along Tann Creek Trail. Councilor Buchner noted that if the language is too specific,you might get into Constitutional issues. • Action Measures o Councilor Woodruff noted that on No. 1, there was already some suggestion that we not give ourselves too much flexibility, but to try to review the Parks System Master Plan every five years instead of five to ten }-ears. Councilor Buchner said she thought this was City policy anyway. Councilor Sherwood said she thought the second sentence is redundant. Council members agreed to delete the second sentence. Councilor Woodruff said tills would Cie die hands of other Councils,but lie thought it would indicate the importance of a regular review. Mayor Dirksen asked if it would be better to rephrase the whole sentence to say, "Review-u-id update the parks system master plan every five years." City Council members agreed widl the Mayor's wording. o Councilor Woodruff referred to No. 10. 7:34:44 PR1 Councilor Sherwood advised she had noted, "consider ways to fluid needed pari:and open space acquisitions and improvements." Funding might be through grants or partnerslh.ips with businesses—other ways to fund besides having an election. Councilor Wilson suggested, "Consider seeking voter approval..." Councilor Sheiwood restated, "consider ways to frond needed park and open space acgLusitions and improvements." Mayor Dirksen noted that there had been a recorunendation from staff or the Planning Coirunission that stated, "Seek timely voter approval to fluid needed park and open space acglusitions and iinprovements." This would still specify looking for voter approval;he asked if this was too specific. Councilor Sherwood said she thought there were other ways to fund parIcs. Councilor Woodruff said the PRrIB wanted this language in here because they want to make sure this does not get placed on die "back shelf." Councilor Woodruff said he thoughtall of t1e City Council is corrunitted to finding ways to ex1hand our open space and,perhaps,recreation services. He said Ills only concern was that the policy we had was that we did not want any of these things to specifically indicate a date that something would be accomplished by,but that we were committed to doing something. Mayor Dirksen said drat as he was reviewing this,he was cornpating this docrunent to die Constitution of die United States;he said he was trying to imagine a phrase in the Constitution stating"Institute regular mail service by January 1, 1797." Mayor Dirksen said this world not make any sense either. City Attorney Rairus said the analogy used between the Tigard City Council and Local Contract Review Board Fleeting Minutes —November 27, 2007 Page I') Comprehensive Plan and the Constitution is one that frequently used in discussions of these documents. Mayor Dirksen suggested die wording,"Seek timely voter approval to fund needed park and open space acquisition and improvement." Councilor Woodruff said this would not address Councilor Sherwood's concerns regarding d-ie alternative ways to fund rather than just,by voter approval. She offered again her wording, "Consider ways to fund needed park and open space acquisitions..." Councilor Buehner said she heats the concern and said that maybe the need to say more than just"encourage." She said she thought we need to make it a priority to look at funding sources. Mayor Dirksen suggested"corninit to finding funding"; not say, "we'll try to." This funding might be through grants,partnerships, or to the voters. Councilor Woodruff suggested wording: "To fund proactive ways to fiund park and open space acquisitions and improvements." Councilor Wilson said this is similar to what No. 11 says. Councilor Buehner says she does not thunk we need both No. 10 and No. 11; she said the City should "connmit to find funding for needed park and open space acquisitions..." and perhaps add"uicluding alternative inethods." If we say"eoirttmit," it will include both taxes and other methodologies. Council members noted that Nos. 13 and 14 are siinilar. Councilor Wilson pointed out that these are recommendations proposing some ideas for various sources of funding. Mayor Dirksen said the other alternative would be to have a single item and then list different t5`nes of fielding to be sought. Mayor Dirksen said diat he thought the Council was getting to the point where they were niq)icking and added that this language was proposed by the individuals selected to propose ideas;he did not see reason to rephrase. Council members agreed with the Mayor. 7:40:213 P1VI Council decided not to change the wording here. 0 7:41:15 PI-1 Mayor Dirksen advised he had a question on No. 25, "Seek opportunities to introduce more environ mentally friendly science-based practices..." Fie asked if this was referring to part:land maintenance. Councilor Sherwood said she also hada concern with this. This needs to be defined. Associate Planner Roberts suggested inserting die following between science-based and practices: "maintenance practices." City Council members agreed to Associate Planner Roberts'proposed wording. 0 7:42:39 RIM Councilor Buehner advised of that she would like to see the City be snore aggressive about going after the invasive species with specific Code language amendments. We have a real problem with a variety of plants. Mayor Dirksen noted that we already have ordinances that require private property owners to control noxious vegetation. Councilor Buehner said the ordinances are not being enforced. The Mayor agreed, but the question is not whether we have the policy,it's That we have not enforced it as much as we could. Councilor Buehner said we need to be thinking about giving it more priority. In response to a question from Councilor Woodruff,Associate Planner Roberts advised that tine Planning Tigard City Council and Local Contract Review Board Meeting Minutes —November 27, 2007 Page 14 Cointnission did not revise this section; the Planning Convhhissionn asked for a definition of"invasive,"which was added to the glossary. Councilor Buchner asked if we are going to use the State definition for invasive; die State has two levels. She asked that staff be cognizant of that Associate Planner Roberts said staff used the standard State defunition;although he did not realize there were two levels. Councilor Buchner said there is an aggressive and an invasive; that is,one is more aggressively invasive than the other. She asked that the language be consistent with the State's. o 7:45:58 PM Mayor Dirksen advised the Council would discuss Goal 8.2 at tliis time. Councilor Buchner said that she has been a long-tune advocate to make use,where appropriate, of public streets and buying easements in conunon areas within private developments to connect parks. There is no policy for this. Councilor Buchner said it seems drat is something that should be addressed within die context of this goal. Mayor Dirksen said that Policy No. 1 refers to Councilor Buchnner's concept,although this policy sloes not address bicycles specifically. I-Ie said lie had noted d-ie need to tall:more about bicycle trails;however,it occurred to him this nnight be more a transportation issue radher than a parks and recreation issue. He suggested that when the City Council reviews die Transportation System Plan that they consider a policy to de- couple the bicycle lanes/transportation through the City from tie street system. We wouldn't necessarily require bike paths on all City streets or collectors, but we there would be a network of bicycle paths throughout the City. Councilor Buchner said her proposal is to provide generic wording in dhis section advocating these lurks.We do not have any kind of policy whatsoever of whether we want to seek easements on private pathways to connect one park to another. She suggested drat perhaps we need to put flus to dus policy and say"Yea or Nay"if diis is something we want to do or not. Councilor kVilson agreed with Councilor Buelhnner that this would be worth mentioning. Mayor Dirksen asked if a phrase should be added to Policy No. 1 that says, "utilizing both public spaces and easements on private land." There were no objections to this wording. o 7:50:03 PM Councilor Wilson said that he has been somewhat concerned regarding placing a trail up the power line. That corridor is a significant wildlife corridor connecting with tie river and farmland beyond,north through Beaverton. It is a corridor for deer and other wildlife. By introducing a lot of people on that corridor,you might impact the free movement of wildlife; tis should be considered when a trail is built. Adequate hiding places should remain;public safety might actually contradict with wildlife concerns,but it should be considered in the design. Councilor Slheiwood noted in No. 5 there is the following wording, "Coordinate trail development and maintenance activities with natural resource management objectives and activities." After discussion,it was Tigard City Council and Local Contract Review Board Meeting Minutes—November 27, 2007 Page 15 determined drat policy 8.2 adequately covers this witli regard to wildlife/trails. Associate Planner Roberts suggested adding die following language, "including wildlife corridors." City Council indicated agreement with the proposed wording by Associate Planner Roberts. o 7:52:41 PM Associate Planner Roberts requested exact pinrasiing on utilizing public and private lands. Mayor Dirksen advised the wording proposed was, "utilizing both public Property and seeking easements on prii-ate property." • Goal S-3 o 7:54:49 PINI Mayor Dirksen suggested a reconainendation for alternate wording for the goal. He said it sounds like our goal is to build a lot of facilities; this inigbt be a policy or action measure to achieve a goal, but he did not diinl:this was the goal itself. Mayor Dirksen reconninended the following language: "Provide Tigard residents with access to a broad range of recreational, cultural and educational activities." This might include building facilities. Councilor Wilson suggested changing the words "provide access" to "facilitateaccess. Mayor Dirksen said he proposed "access to" because it night mean,in some cases, facilitating partnerships wide Tualatin Hills Park and Recreation or the City of Lake Oswego, or the State of Oregon, etc. Councilor Wilson and Mayor Dirksen discussed the wording. City Manager Prosser proposed that die Mayor's language be used,but at the end of die phrase say, "such as facilitation of partnerships with existing providers, direct senTices..." to give examples of the types of ways you could provide access. Discussion followed on the goal and how to word it. The Mayor said he would like to stand by his proposed wording;Councilor Wilson said he would concede. Councilor Woodruff suggested to continue the review of the policy statements and return to discuss this wording if needed. o Mayor Dirksen suggested for the first policy revising the Ianguage to, "The City shall endeavor to establish a comprehensive recreation program." City Council members agreed to this wording. Mayor Dirksen adxrlsed the goal is not to build facilities; the goal is to Provide recreation to the citizen. Councilor Wilson asked if the Mayor has decided to support the establishment of a recreation program. Mayor Dirksen said that, strictly speaking,we already have a recreation program by supporting or offering a broad range of recreational and cultural activities. He referred to die current Library programs, partnership with Little League and Soccer Club, etc.,including die use of City property. Mayor Dirksen said he does not dunk the language forces us beyond the point where the are now if the means do not exist to expand;however,it shows a desire to move forward and do a better job. Tigard City Council and Local Contract Review Board Meeting Minutes —November 27, 2007 Page 16 At Councilor Wilson's request, Mayor Dirksen restated the policy, "The City shall endeavor to establish a comprehensive recreation program." Councilor Wilson said he still needs to be convinced that Tigard residents will support this financially. Mayor Dirksen said he saw some alternative language that was reconiinended that says this would be more of an action measure rather tlian a policy and read, "Assess conmhnninity interest in fa nding public recreation programs and facilities and,--if supported, proposed associated measures for voter consideration." Councilor Woodruff said information would be combing to the Council on this in two weeks from the recent survey. Councilor Wilson said he has no problem with Policy No. 1 as the Mayor has stated to the extent that it could be done without money; for example,programs could be entirely user supported (funded). Councilor Buchner said she agreed with Mayor Dirksen's proposal. 0 8:02:22 PM Mayor Dirksen suggested Policy No. 2 be rephrased to say, "The City shall identify funding to provide a broach range of recreational opportrunities." Again, "facilities"would not be a word in this policy. 0 8:03:19 PM Mayor Dirksen said on the last Action Item—No. 5 — that we already work uz fuianciatl partnership with a couple of tine sports. The Mayor suggested the wording, "financially assist when appropriate"instead of"when able." There aught be tunes when it is appropriate to go into a financial partnership. Councilor Woodruff said he agreed with Couu7cilor Shetwood to say"assist when appropriate," as she would not want those programs to interpret this wording to mean that die City to has indicated that it would provide them witi financial support. City Council agreed to strike die word"financially." Councilor Buchner said that we have to be aware that in theory we're going to be running into a"financial wall." We need to be cognizant of drat as we develop dais plan and not set ourselves up fora major problem. Mayor Dirksen said drat because of die large amount of modifications the Council requested on the last chapter that, rather dean approve it tonight,he would suggest that they allow staff to propose a draft and the Council would approve it at a later meeting after die Council has had a chance to review die draft. Councilor Wilson said he agreed. Councilor Buelnrner asked if the Council could approve tie fust two chapters because die there were minimal. Associate Planner Wyss said staff would prefer to adopt dnese all at one tune as it would be easier to send out die final orders. Couulcilor Buchner said she was uncomfortable with this because this has been dragguig along fora couple of months; this snakes it loot:like we are not malting any progress. After discussion, City Council agreed to the staffs recorrumendation to bring all the changes the Council discussed tonight all at one time. City Manager Prosser asked if the City Council had any concerns with the glossary. Councilor Sherwood said she was file with it. Councilor Buehner said she wanted staff to make sure the invasive species issue is addressed with the current State code. Associate Planner Wyss said the glossaiy would be adopted at the end of die process. Tigard City Council and Local Contract Review Board Meeting Minutes —November 27, 2007 Page 17 Mayor Dirksen advised that the direction to staff is to male the reconnnnended changes and submit a draft for Council review. There was discussion about when to schedule this to come to the Council for its consideration. The ordinance will be subnnhitted for Council approval on December 11,2007. 8:17:25 PM 7:3()1'1 f 5. LEGISLA T NE PUBLIC IEARING —CONSIDER PLANNING COMMISSION RECOMMENDATIONS TO UPDATE COMPRHENSIVE PLAN POLICY 10.2.1 (CPA2007-00003) REQUEST: The City of Tigard proposes to amend Comprehensive Plan Policy 10 2.1 as directed by City Council to male explicit that annexation is required before property within its Urban Services Area, but outside the Cite Iii-n-its, can receive city services. These changes also ensure that all policies in the Comprehensive Plan are consistent with City/County Agreements. Applicant's materials are available online at litt.i-)://www.tig-,ird- or.go-v/citv lhall/delhartments/cd code amenclinent.asp LOCATION: Citywide. ZONE: 'rhe proposal is a Comprehensive Plan text anhendment it is not applicable to a specific property or group of properties. APPLICABLE REVIEW CRITERIA: Tigard Community Development Code Chapter 15.390, Type IV Procedure;Tigard Comprehensive Plan Policies: General Policies 1.1.1; Citizen Involvement 2.1.1; Public Facilities and Services 7.4.1, 7.42; Urbanization 10.1.1. Metro Functional Plan. Statewide Planning Goals 1 (Citizen Involvement), 2 (Land Use Planning), 10 (Housing), 11 (Public facilities and SeLvices) and 14 (Urbanization). a. Mayor Dirksen opened the public hearing. b. City Attorney Ranhis reviewed the rules of procedure for the hearing. C. Declarations or Challenges: None d. Long Range Planning Manager Bunch introduced Planner Mead,who presented the staff report. A copy of die report is on file III the City Recorder's office. There Avas discussion prompted by a comment by Councilor Wilson regarding annexation when utilities, such as storm or sewer seii=ice connections, are requested by property owners developing land that is not contiguous to the City. 5:26:34 PM Long Range Planting Manager Bunch advised that contiguity is necessary for anunexation unhless we do a cherry-stem annexation. If a property is not contiguous but they want City services, then these properties need to work with other properties to annex to the City to be eligible for annexation. In the past, Long Range Planning Manager Bunch said he has worked in other jurisdictions where they used roadways or public easements to provide that contiguity. This is a policy that"Washington County has tended to frown upon." Regarding the waivers of remonstrance, here have been some issues associated widi such waivers whereby people have signed them and lien reneged on their signatures. It is difficult then to get them to annex. We don't want to go dhrough this in Tigard City Council and Local Contract Review Board Meeting Minutes—November 27, 2007 Page 18 the future as it is difficult, tune-consumning,and expensive. City Attorney Rarnls said Long Range Planning Manager Bunch's suunrnary was good and added that the problem with cherry-stern annexations and the use of right of way is one he expects will continue to be controversial into the f ituue. There have been,at tunes,proposals in the legislature to limit annexations using these types of tools; however, for now, these tools can be used. Councilor Wilson asked if development might be limited if an adjacent, undeveloped property does not annex at the same time. Long Range Planning Manager Bunch concurred that development might be limited and said that if a property receives City selArices and is still in the County,and Hien the property would develop under Washington County standards. The objective is not only to assure lands that will become part of Tigard to annex to receive City services, but those lands that come into Tigard that need our services are developed under the City standards. Long Range Planning Manager Bunch agreed with Councilor Wilson's conclusion that water is not one of die services that would be considered a "City" service if the area is represented by the Tigard Water District. Long Range Planning Manager Bunch said it is an integrated water s3,stern and the services that we now focus on with regard to annexation are diose widh storm water services and City sewer service. Long Range Planning Manager Bunch confirmed Mayor Dirksen's understanding dlat in many locations development occurs outside the City because these properties can receive water and sewer from the service districts. In several locations, the only feasible provider is the City of Tigard. C. Public testimony. Recoldler's!hole: JAR.Alol:gal;L seal all e-Mail co/11111 wit-anon t(1 IGe Q/y Col ntil oil Deceliil7e/'2,2007 adl)siil /he f01107pillg lC,f/1111011!1!/CLJ'111 C/'J71/: He J'LIZd/GC!/Cl f/C/'/'L'LICi✓111 /be le vl o f dle amoid1 iml, he f oi(Ad/I!(// '1)1)(Is G'o111plelL'�l of f base." l-1C Crrn/osi�ed/0T llz.ti en-or. --I copy of the Decerliber 2, 2007 e-mail fiiovi 11Ir lllolgcnn'is filed 1l)itb lbe packel matelialti for/his beanlig held on 1Nohember 27, 2007.) Isador Motgavi,Tigard, Oregon (unhuicorporated area) advised that the purpose of the meeting as stated uh the Tigaid Times(September 27, 2007 issue) is to consider amending the comprehensive plan regarding City ser-*ices. I Ie said he did not find a definition of"city services." I Ie said the notice slid not properly defuhe the purpose of this meeting and that it is unproper. I Ie said if this is in reference to urban services,he calls attention to the formal opinion issued January 7,2006,by legislative counsel David W. I Iendmx that stated "requiring annexation as a prerequisite to approval for building permit was uicorrect....a general mandate of municipality of requiring to consent to annexation for providing extra-territorial service likely also requires legislative action." Mr. Morgavi said he has long called this "hostage annexation, the blackmailing of non-Tigard citizens to force compliance with rules and regulations arbitrarily imposed by the City of Tigard." Tigard City Council and Local Contract Review Board Meeting Minutes —November 27, 2007 Page 19 8:33:11 PM He challenged the concept that the Ciq of Tigard provides any urban services outside of the City. Although the Clq does achninister water distribution to the unincorporated areas of Bull Mount�tin, as well as Tigard, King City, and Durham and surrounding area. The actual provider is the Tigard Water District, under the auspices of the Intergovernunental Water Board. In this, he said he was supported by Counsel I Iendiia' continued continents wherein he says, "Tigard does not deliver any urban scivices to the unincorporated Bull Mountain, but acts as an agent for the County and the Tigard Water District." I-Ie said he was disappointed to see what appears to be a renewal of an aggressive course of annexation that was taken in the past that created so much acrinnony. Mr. Morgavi said that many had hoped that recent indications and statements by the City to behave in a more neighborly manner would become the norm. The current action questions that and may signal a renewal of the strife that has cost so many so much. 8:34:36 PILI Mayor Dirksen noted there were a couple of legal questions posed by Mr. Morgavi. City Attorney Ramis advised he was reluctant to renew these debates as Chep have been discussed at huge lengths previously. The Mayor and City Council agreed to proceed and that no legal response appears to be necessary. f. Planner Mead said die staff recommendation is drat the City Council adopt the policies as provided through the public hearing process. g. Mayor Dirksen closed die public hearing. h. Council consideration: Motion by Cotuhcilor Sherwood, seconded by Councilor Buehner, to adopt Ordinance No. 07-19. ORDINANCE NO. 07-19 AN ORDINANCE ADOPTING COMPREIIENSIVE PLAN TEXT AMENDMENT CPA2007-00003 — TO AMEND COMPREHENSIVE PLAN URBANIZATION POLICY 10.2.1 TO ENSURE IT IS RELEVANT TO CURRENT CONDITIONS AND CIRCUMSTANCES; MORE PRECISELY STATES THE CITY'S POLICY REGARDING THE REQUIREMENT FOR ANNEZ-ITION PRIOR TO RLCLIPT OF CITY SERVICES, AND CORRECTLY REFERENCES THE STATE'S PROCESS OF DECLARATION OF FIISALTII HAZARD Council discussion: Councilor Buchner said it is iinportant that die public is aware that dhis is cleaning up one last thing that was left over from the years when Tigard was doing planning for the unincorporated area on Bull Mountain. There were areas where the City did do planning and provided City services in Tigard City Council and Local Contract Review Board Meeting IVlinhutes —November 27, 2007 Page 20 exchange for a non-remonstrance agreement. Since we are no longer doing planning for the unincorporated areas,it is not appropriate for the City of Tigard to include this 1<anguage anymore; this is basically housekeeping to revise language now that the contract with the County has been terminated. Councilor Wilson added that it does not represent any new,aggressive policy. Councilor Sherwood noted die policy of the City still stands;annexation is voluntary. Councilor Woodruff noted he was sorry that Mr. Morgavi left the meeting, this act does not change the City's position;the ordinance does not represent a more aggressive annexation policy whatsoever. The City remains supportive of annexation and provides incentives for annexation. The motion was approved by a unanimous vote of Council present. Mayor Dirksen Yes Councilor Buehnet Yes Councilor Wilson Yes Councilor Sherwood Yes Councilor Woodruff Yes 6. UPDATE ON THE COMPLETE COMMUNITY PROGRAM City I\Ianager Prosser presented the staff report. The program has been discussed by the City's Executive Staff and identifies the essential elements or characteristics of a coinmuruty that meets all the needs of its citizens. A copy of die slide showing the components identified is on file in the City Recorder's office. The complete conununity addresses envirotunent, community identify, transportation, neighborhood vitality, economic Nntality, safety, educated and involved members,and culture and leisure testing upon a financially sou nd and accountable city government base. Council members corni-nented on flus concept and all expressed support noting the value in building a stronger tean-i,providing the opportunity for departments to consider their contributions to areas they might not otheilvise diink about,and providing a ftarnework to gain perspective. It was suggested that the"educated and involved" component be changed to "informed and involved." The Comprehensive Plan update wifl allow the city to integrate these concepts Wid-rout creating a separate policy. Sustainability is an attitude and a state of mild. Ideas were discussed about how this could be uitroduced ii the Cityscape to invite public comilnent and interaction. City Manager Prosser advised that this willalso be posted on die web site. 9:01:38 PM 7. IDENTIFY 2008 LEGISLATIVE PRIORITIES Tigard City Council and Local Contract Review Board Meeting Minutes —November 27, 2007 Page 21 Assistant City Manager Newton reviewed the information relating to some of the issues that the City Council identified du i ng its discussion on October 16,2007. Staff members prepared brief stuninaries of those issues. The staff report contains a list of the issues and die reconunendations of the staff. Assistant City Manager Newton asked for City Council direction on any of the issues to tale forward to our legislative delegation or issues staff might have hissed. Another issue that will be coining to the forefront concerns foster-care children. Councilor Sherwood said she heard the affordable housing document recording fee is not gouzg to be on the 2008 Legislative Agenda. From her observations, she suggested that staff not waste a lot of time on this matter. There are others who are still working on this issue. Assistant City Manager Newton conin ented she had heard that this is being"set up" for 2009; she said staff could communicate how this might help Tigard residents and make sure that Tigard's position is clear. Mayor Dirksen said it would not lttu:t to bring this before our delegation so that it stays "on the front burner." Councilor Sherwood said both our delegates were in favor of flus proposal and were leading the way;however,it got"hung up" on die word"fee" versus "tax." Councilor Woodruff said he Nought staff's list included the items City Council talked about. Surely there will be other things that will corse up that we'll olbtnously want to stay on top of,he thought the list was good. Assistant City Manager Newton recapped: o Transportation—a priority o Infrastructure funding—not as much of a priority o OWIN—City Council wanted more information and City Council indicated they now hada good understanding o Water storage grants—this is not particularly applicable to tie COT,but die City will monitor it. Mayor Dirksen noted that the are already working on tis; Assistant City Manager Newton indicated staff will monitor and look at directions that the legislation might take that could benefit City of Tigard. o "Big Look" funding—Representative Galizio brought this up when annexation issues were under review. Urbanization issues might be addressed with the "Big Look" funding. o The City is opposed to pre-emption of local revenue sources. Councilor Sherwood advised that when attending the League of Oregon Cities Conference,Rick Metzger talked about transportation funding and getting ready for 2009. Mayor Dirksen said it often takes more than a year to get issues to the forefront; therefore,we need to male the legislators aware of Tigard's concerns now so there will be a better chance of Tigard projects attaaiiing some priority in 2009. Assistant City Manager Newton advised drat she and City Manager Prosser have been worLng with Washington County (Deniis Mulvihill) on ways that we can work together to address dhis transportation funding issue. Tigard City Council and Local Contract Review Board Meeting Itilinutes —November 27, 2007 Page 22 Councilor Buchner commented on die "Big Look"issue. When die annexation work groups were meeting last session, everyone was saying many issues were under the purview of the "Big Look." She said she was very concerned that, as we go through the session and look at funding there also be a review of the scope of die job for die future because diene were so many modifications, suggestions and amendments that were floatuig around—and they all"fell through die crack" because of the lack of funding. She said she is concerned drat we keep updated on the statics and;-if necessary, do sonic "gentle pushing" of our own representatives. Assistant City Manager Newton said it would be a good thing to obtain die "scope" and refer it to the City Council for a brief discussion and to make sure we are following through on any amendments or adjustments. Mayor Dirksen suggested the document be made available for the City Council to review and City Council members ad-vise if they have any concerns or questions. 9:11:57 PM S. CONSIDER PURCHASE AND SALE AGREEMENT FOR 1RUST FOR PUBLIC LANDS (I-PL) PROPERTY Public Works Director Koellertneier presented the staff report as well as several slides, which are on file in the City Recorder's office. This four-acre piece of property was annexed into the City of Tigard in May 2007 and ranked high on die City's list of potential properties to be purchased for parks and green space. Staff and TPL representatives have had discussions regarding die City's purchase of the property. An appraisal and level one environmental review of die property were conducted. The property appraised at S390,000 and"I'PL has agreed to sell die property for that aniouint. The City Attorney's office drafted a Purchase and Sale Agreement to be signed by the City Manager,which has been reviewed by diel-1"L staff. TPL is expected to execute the Agreement by November 21, 2007. Mayor Dirksen con-nriented that the City has long recognized drat tiis area is park-land deficient. I Ie said he is pleased that the City has been able to achieve assembling bark land for this area for the Tigard residents on Bull_Mountaui. Councilor Wilson also noted that the property under consideration for purchase is one of the last treed spaces in this area. I Ie said he thought die price was fair, noting that die property is buildable. Councilor Buchner said tis would also benefit neighbors outside of the city. In response to a question from Councilor Woodruff,Public Works Director Koellermeier said that no plans have been made yet for development of tie park property; lie said it would make sense to develop a master plan for the Parcel. A portion of the property is to be used for utilities. ,Motion by Councilor Wilson, seconded by Councilor Woodruff, to approve the purchase and sale agreement and audhoBze the City Manager to execute the documents. The motion was approved by a unanunous vote of Council present. Mayor Dirksen Yes Councilor Buchner Yes Tigard City Council and Local Contract Review Board Meeting Minutes —November 27, 2007 Page 23 Councilor Wilson Yes Councilor Sherwood Yes Councilor Woodruff Yes 9. COUNCIL LL''USON REPORTS 10. NON AGENDA ITEMS Adiniiustrative Items: • TVP&R—Lwich at the Libr,-ul, Community Room at Noon on November 28, 2007. • Select Date for Goal Setting Meeting—City Manager Prosser asked the City Council members to send dates they would be available for a goal setting meeting and a team building workshop. 11. EXECUTIVE SESSION: Not held. 9:22:12 PM 12. ADJOURNMENT Motion by Councilor Bueluier, seconded by Councilor Wilson, to adjourn. The motion was approved by a unanimous vote of Council present. Mayor Dirksen Yes Councilor Bueluner Yes Councilor Wilson Yes Councilor Sherwood Yes Councilor Woodruff Yes Catherine Wheatley, City Recorder A ttest: r Mayor ity of Tigard Date: � • ) �' C3 S IAA DM\(:cults'\CC\I\311117\1171127 final. or Tigard City Council and Local Contract Review Board Meeting 1\,fuiutes —November 27, 2007 Page 24