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City Council Minutes - 02/26/2008 Agenda Item No. Meeting of City of Tigard Tigard Business Meeting Minutes . ...................... TIGARD CITY COUNCIL LOCAL CONTRACT REVIEW BOARD (LCRB) MEETING DATE/TIME: February 26, 22008/6:30 p.m. Study Session and 7:30 p.m. Business Meedng MEETING LOCATION: City of Tigard —Town Hall, 13)125 SW Hall Blvd., Tigard, OR 97223 • STUDY SESSION Mayor Dirksen called die Study Session to order at 6:30 p.m. Council in attendance: Mayor Dirksen,Councilor Sherwood, Councilor Woodruff&Councilor Buehiier Absent: Councilor Wilson Staff 112 attendance: Con-imunity Development Director Coffee, Engineer Duenas, Assistant Comi-ninuity Development Director Bunch, Risk Manager Mills, Deputy Recorder Krager, Associate Planrier Roberts (for part of meeting) Public:John Frewing Senior Center and Programming Update— Risk Manager Mills updated Council on die status of die Senior Center remodel. She showed photographs of Loaves and Fishes serving meals at the Center for the first time since die second week in September. She noted that duru'-ig die Senior Center remodel die meal program has operated out of the-American Legion building. Cow-icilor Woodruff said the City should commend ffie American Legion for their assistance. Ms. Mills reviewed kitchen and dining room improvements and said it will now be much easier to snake scratch foods with the new equipment. She said there is also a new cook whose menu includes fresh herbs from die garden and will improve food taste and quality. Risk Manager Mills said that for die first time,performance measures were developed when d-le lease was renewed with Loaves and Fishes. She shared d-ie first performance measures report, noting that numbers were down for seniors eatirigat the center but up overall due to Meals on Wheels delivered. She said it would take awhile to rebuild prograin nuinbers. She noted a decrease in Asian and Hispanic users, saying this was a concern for Loaves and Fishes drat will be addressed with targeted outreach to these populations. Ms. Mills s-,u*d educational programmu-ig and volunteer hours are expected to increase. She noted one thing that did not work well was having only one person to direct daily operations as well as plan programs. She said in response to this,Loaves &Fishes has hired part time programrning director. Other activities and prograins at the Center will return by the end of March. There will be grand re-opening in April. TIGARD CITY COUNCIL/LCRB AGENDA— February 2G, 2008 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 1 503-639-4171 1 www.tigard-or.gov I Page 1 of13 Ms. Mills said Phase 2 of the remodel should begun this sumamer. She discussed the Conamurrity Development Block Grant(CDBG) award which will pay for a new library in die front of the building and a garden room and covered vestibule area in the back. She said there would be a deck off of die dining room so seniors can also eat outside looking over the gieenway and gardens. She said dais will be an attractive feature for room rental users as well. )% Annual Review of Annexation Policy Assistant Corrunuiuty Development Director Bunch gave dhe annual review of the CAM's annexation policy and said staff is recons needing drat Council extend die current policy. I Ie said if Council concurs, staff will prepare a resolution extending the current policy and associated incentives,which include waiving annexation application fees and phhasuig-in of increased property taxes over a three-year period. IVIS. Brunch recounted actions taken by staff to implement Resolution No. 07-13,which established policy to guide City actions pertaining to annexation of unincorporated areas. He saki staff 1) Sent out annexation invitation letters; 2) Contacted owners abutting or near the City limits who have expressed interest in the past; and 3) updated web pages to contain a link to the annexation page,which has further links to the City of Tigard's Resolution 07-13, Metro information on annexation and boundaty changes, Washington County,and Oregon Revised Statues Chapter 222. I Ie said staff had originally plaruied to meet widl neighborhoods or shall groups expressing interest in aruhexing to Tigard; however, there were no such requests. Assistant Conununity Development Director Bunch said these efforts did not result in as much annexation activity as anticipated. Councilor Sherwood suggested that getting a few people started would influence others in their neighborhood. Mayor Dirksen said he expected more but did not expect a big rush. l�e said what the City has done with this outreach effort is to inform people of Tigard's policy. I Ie said people may not wish to annex now, but as their circumstances change they might consider annexation at a Iater date. Councilor Woodruff recommended sending letters again noting that die City has extended last year's offer. Mayor Dirksen agreed and requested that die letter just be a follow-up letter and not include all the details. Councilor Buelhner asked if Tigard would be annexing to die center lilac on Beef Bend Road. City Manager Prosser said they were. She also asked about transferring jurisdiction to Tigard froin Washington County for Bull Mountain Road right-of-way to at least 135`x' Avenue. Engineer Duenas advised drat full improvements on this street have not yet been made and questioned if the City wants to take this on. Community Development Director Coffee said this could be considered ill the long range planning as part of the Capital Improvement Plan. Mayor Dirksen suggested that Council would need to discuss dis at a strategic planning session as they would need time to digest tis information. i Oregon Iousing Alliance Membership Associate Planner Roberts said that at a Council meeting last month, membership in the Housing Alliance was discussed and questions were raised about their decision-making process that staff was not fully able to respond to. He said he invited a representative to speak to Council and answer questions they may have as they consider membership in this organization. He introduced Ain), Fauver, representing die Housing Alliance. TIGARD CITY COUNCIL/LCRB AGENDA— February 2G, 2008 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 1 503-639-4171 1 w vw.tigard-or.gov E Page 2 of13 Ms. Fauver described the Housing Alliance as a statewide coalition of 62 cities, counties and non-profit organizations whose primary goal is to increase state resources for affordable Dousing. She said it is a modified consensus-based organization Widl each member having one vote. She said "modified consensus" means that if an organization vetoes a proposal they have to agree to work in sorne format with the organization that proposed it. She said this does not always produce a solution but it does stop members from randomly vetoing filings. She said die Housing Alliance steering committee provides recommendations for legislative items. Councilor Woodruff asked if they participated in any activities not related to the legislature. IIs. Fauver said they did not. In response to a question from Councilor Woodruff about whether most of their revenue goes towards lobbying, she said the vast majority of the dues amount pays for lobbyists. Councilor Sherwood reconnrnended joining the Housing Alliance, saying, "We have to be united to get anything done with affordable housing." Mayor Dirksen suggested that because this was a new rnernbership for Tigard, the City could offer a percentage of the $500 requested dues for the first year and become a provisional member. Councilor Buelaner said $500 was a very small and reasonable atnount. Councilor Woodruff concurred and Council agreed to join the lousing Alliance. i Amend Gas Tax Ordinance to Increase Collection Period—Community Development Department City Engineer Duenas briefed Council on a proposed ordinance to increase dae collection period for the City gas tax. Councilor Sherwood asked if die City had talked to ODOT saying, "'I'lhis is a State highway. Tigard carne up with $5 million and is $1 million short. Is there any way you can help us?We're putting a lot of money towards your intersection." Engineer Duenas said ODOT had not been contacted. Councilor Sherwood noted that ODOT came up with an additional$500,000 for the Hall Boulevard intersection. Councilor Woodruff asked why dais is being done now. City Engineer Duenas said this was one of Council's goals and die direction was to do it sooner rather dean later. Mayor Dirksen said another reason to do it soon is that when the City goes for bonding for the project, the City needs to show up front that there is a dedicated fluid source. City Manager Prosser said current projections are drat Tigard will not raise the money needed in the current gas tax time frame so there is no way to get bonding for the project as we are building it in two years but collecting money for five years. Mayor Dirksen suggested writing a letter to the local area ODOT representative asking gena for assistance outright. Conrrnnunity Development Director Coffee said Council has die options to try other tongs before malting a decision on extending the gas tax. Engineer Duenas said he would have a better idea of d1e actual cost of the design in April. Community Development Director Coffee asked about die Highway Commission. Councilor Sherwood suggested face-to-face meetings witi ODOT representatives as well. Council decided to talk to ODOT before going ahead with the gas tax extension. City Manager Prosser had some administrative items: TIGARD CITY COUNCIL/LCRB AGENDA— February 26, 2008 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 1 503-639-4171 ww,,v.tig,-rd-or.gov I Page 3 ofB Tigard Chamber of Commerce is asking for nominations for their Shining Stars awards. Council said they will nominate on an individual basis. The City of Tualatin asked that Agenda Item No. 6 be pulled as the bridge cost is twice what they thought it would be and they are not interesting un building it at this time. Washington County is putting together an Urban and Rural Reserves Task Force which will include all city mayors. Mayor Dirksen is unable to attend dies meetings. Councilor Buelhner will attend for hire and asked to be placed on the e-mail list for meeting renhinders. Metro President Bragdon and Councilors I iosticlul and Iarrington are able to meet with Tigard Council on April 1,2008. City Manager Prosser asked if Council could attend and they allagreed they could. Staff requested that Council schedule the first Tuesday in May for a Comprehensive Plan Workshop as the regular April Workshop meeting will not be held (because Couuhcil will be attending a Joint meeting at Lake Oswego on April 15,2008.) Councilagreed to this first Tuesday meeting in May. Study Session recessed at 7:22 p.m. • EXECUTIVE SESSION: Not held 7:30 PNI 1. BUSINESS MEETING 7:33:2513M 1.1 Mayor Dirksen called the City Council and Local Contract Review Board Meeting to order at 7:33 p.m. 1.2 Deputy Recorder Drager called the roll. Munc Present Absent Councilor Wilson ✓ Councilor Woodruff ✓ Mayor Dirksen ✓ Councilor Buchner ✓ Councilor Shetwood ✓ 1.3 Pledge of Allegiance 1.4 Council Communications&Liaison Reports - None 1.5 Call to Council and Staff for Non-Agenda Items— City Manager Prosser said Agenda Item No. 6 was removed from the agenda at the request of the City of Tualatin. 2. CITIZEN COMMUNICATION City Manager Prosser said the Chamber of Commerce representative was unable to attend but requested an announcement be made that die Chamber is accepting nominations for Tigard Shining Stairs. F Ie said if anyone is aware of a Tigard citizen who has made an extraordinary contribution to the coinhnunity they should contact the Tigard Chamber of Conunerce to obtain a nomination form. Citizen Cotmnunication — No one had signed up to speak on an item not on the agenda. Mike Stevenson signed up but said he wanted to speak on Agenda Item No. 7. TIGARD CITY COUNCIL/LCRB AGENDA— February 26, 2008 City of Tigard 1 13125 SW IIall Blvd.,Tigard, OR 97223 1 503-639-4171 1 %vw-,v.tigard-or.gov I Page 4 of 13 Follow-up to Previous Citizen Communication -None. 3. CONSENT AGENDA: (Tigard City Council) 3.1 Approve Council Minutes for December 11,2007 3? Receive and File: Fifth Tuesday Meeting Notes from]anuary 29, 2008 33 Local Contract Review Board: a. Award Contract for the Construction of City of Tigard Entryway Monuments to Zink Commercial Contractors and Authorize the City Manager to Execute die Contract Councilor Woodruff moved to approve the Consent Agenda. Councilor Sherwood seconded the motion and all voted in favor. 4. UPDATE ON TIGARD YOUTH PROGRAMS Police Officer Huiras introduced this agenda item which highlights the many programs provided by the City for youth in die Tigard area. She said there were three City departments that provide youth serzrices: Library,Police and Public Works. Library Youd Services Supervisor Carlisle gave a synopsis of programs offered by the Tigard Public Library for children of all ages—ranging from babies,who have sign language classes - to teenagers,who have their own programs as well as t7e opportunity to volunteer at de library themselves. Acting Parks and Facilities Manager Martin gave a presentation on what tie Public Works Department provides for the City's youth,including playgrounds, softball,baseball and soccer fields,as well as open turf play areas (wide grassy areas for kids to play in). I Ie said he receives more comments on the trails than any other feature in Tigard's parks. Mr. Martin listed many jointly sponsored programs including soccer leagues,Little League, July 4" Fireworks, Ioliday tree lighting, the Tigard Balloon Festival and the dog park Ialloween costume contest. Mayor Ditksen said he is a judge at the Halloween dog costume party and said it is a great event. Officer Iuiras discussed the many programs offered by the Police Department for Tigard youth. She said die Drug and Alcohol Resistance Education (D.A.R.E.) Program is in every public school plus two private schools and has been ongoing for fifteen years. She said six weeks of free D.A.R.E. swiatner camp is made available to fourth, fifth and sixth-grade students and is a great mentoring opportunity for high school and college-age volunteers. She mentioned a new prograrn called Tigard Organized Great Activities (T.O.G.A.)which gives students structured activities, drily speakers and time for homework after school.She noted that research has shown more lids become cruse victims between the hours of 3 and 8 p.m. than at any oder time of day. Officer Huiras described the Tigard Peer Count which hears about 100 cases a year. She said this was a very good education for die kids going through the program as well as an opportunity for students to volunteer. She said Tigard has been t-uthnmg Peer Court since 1997 and has only a 2%re-offend rate. She said it gives students a second chance instead of going to the traditional juvenile justice court. TIGARD CITY COUNCIL/LCRB AGENDA— February 26, 2008 City of Tigard 13125 SAX/Hall Blvd.,Tigard, OR 97223 1 503-639-4171 1 www.tigard-or.gov I Page 5 of13 She also mentioned the Tigard Youth Advisory Council(TYAC) which is made up of im addle and high school students. She said the TYAC puts on positive recreation activities for kids such as movie nights and workshops. A program for middle school youth is the GREAT(Gang Resistance Education and Training) Program taught by five Tigard police officers. Also offered are self-defense classes which are taught as part of the Tigard High School health class curriculum. Officer Huiiras said programs they would like to implement are mentoring programs for elementary,iniddle and high school age children and a Big Brother—Big Sister Program for youth and adults who want to get involved in mentomig youth. She said they would like to present monthly activities such as bowling, ski trips,movies, pizza,laser tag,etc. Officer Huiras said there is always a waiting list for summer camps so they wound like to have additional camps as wellas after-school programs. She said there is currently only one after-school program (at Twality Middle School) and they would like to increase it to include all tie schools. She said she had a few big dreams for the Eutu re which include working together with Tigard chuirches, organizations,and businesses to build a Tigard Youth Coinmunity Center, Councilor Buehner said she noticed that programs are focused at Tigard High but some residents attend other high schools, such as Tualatin or Soudiridge. Officer I Iuiras said the TYAC works closely with Tualatin YAC. Library Youth Services Supervisor Carlisle noted that some of their patrons come from these other schools as well. Councilor Sherwood thanl.ed them for their presentations. She thanked Officer I Iuiras for her tireless work obtaining grants for these youth programs. Councilor Woodruff noted that dhis Council meeting focused on programs for seniors in the Study Session and now youth programs had been presented and he was glad there Tigard had offerings for all ages. 5. CONTINUATION (FROM JANUARY 22,200S) OF A PUBLIC IIEAR.ING FOR A PROPOSED LOCAL IMPROVEMENT DISTRICT(LID)IN THE TIGARD TRIANGLE:AND CONSIDERATION OF AN ORDINANCE TO FORM THE DISTRICT Mayor Dirksen opened Public Hearing for the Tigard Triangle LID which was a Continuation of the Public Healing from January 22,2008, at 8:01:35 PM City Attorney Ramis asked if there were any declarations from Council or Challenges from the public about Council's ability to hear this issue. There were none. Mayor Dirksen asked for die staff report. City Engineer Duenas gave the staff report noting that the City Council conducted a Public Hearing on January 22, 2008 and directed staff to make some boundary revisions and changes. This staff report is on file in the City Recorder's office. I Ie said it also gave staff an opportunity to hold a meeting With tie neighborhood to discuss these revisions. Engineer Duenas showed a PowerPoint presentation of the original LID Boundary map which involved more lots. F Ie said the modifications eliminated the half street on Baylor,revised how sewer could be served to die lots, and pulled back by 100 feet the boundary on 69"'Avenue. He said die Arnell property,which is under developnhent now,was removed from the LID boundary because they will make die improvements including the median on 68'x'Parkway. He said the preliminary engineer's report has been revised to reflect those changes. He noted that part of the rationale for an emergency provision is to complete this project this year. I ie said improvements include full street improvements, storm drains, sidewalks,curbs, street lighting and street trees along the west side of 68`}', Dartmoudi Street to 100 feet of Clinton. TIGARD CITY COUNCIL/LCRB AGENDA— February 26, 2008 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 1 503-639-4171 1 www.tigard-or.gov I Page 6 of73 Councilor Buchner asked what the original cost was. Engineer Duenas said the original estimate was $2.4 million dollars and it was reduced by$300,000. Mayor Di:ksen opened d-ie hearing to public testimony. TESTIMONY IN FAVOR: Tun Roth, 12600 SW 72"J Avenue, #200,Tigard OR said he owns property in tie District as well as inside the Tigard Triangle. He said he was speaking in favor of die LID but wanted to bring up some housecleaning issues. He questioned why the engineering drawings show sewer laterals extending into two properties that desired not to be included in the District. Engineer Duenas pointed out that there were no sewer laterals 'into those properties and what Mr. Roth was looking at was storm drain lines. Nit. Rodi said he misinterpreted the lines drawn on the Street and Utilities Improvement drawing. Mi. Rodh brought up another point regarding the median which was part of the original LID in 1994. He said 68`x'has been developed over the years with several different development projects to the south of Dartmouth and apparently there was not an opportunity to condition diose to include the median. He said he is encouraged that City leadership has included die median design in this new LID and hoped there would bean opportunity to extend this median all the way from Dartmouth to Hampton ii the future. Mi. Roth referred to die PowerPoint slide shoving the new district boundary delineation. He pointed out a spot near Duttnouth Street and 69"' showing a section previously improved with a development which included a planter strip. I ie said the new LID design shows full sidewalks with tree grates,extending all die way to the curb. He said the flaw is that this one section of street will have a small planter strip inconsistent With the rest of the District. I Ie said he used this as an example diat when die City forms a local improvement district over a large area,they should use dhis type of tool to get a complete and consistent street and sidewalk design. TESTIMONY IN OPPOSITION: 8:17:28 PM Marzie Saluie, 19432 Wilderness Drive,West Lim, OR 97068 said she owned property Tax Lot #7601 and is opposed to die cost. She said she would end up I'vidl most expensive piece of property and cannot take on an additional$800 a month. She said if there was a way to lower die cost to property owners she could support the development. Mayor Dirksen said at the end of tie testimony Mr. Duenas would address ways to defer or reduce these costs. I Ie said equitable costs are somedhing that should be considered. NEUTRAL TESTIMONY: Julie Wagar, 10160 SW Hillview Street,Tigard OR 97223 said she was representing her mother-in-law who owns Tax Lot#2000 on 69"'Avenue and Baylor,which was removed from the original LID boundary. She read a letter from her wlhich reads, "I atn Kaneko Wagar,owner of the Lot number TL2000 on Baylor Street. I am here to support die proposed modified LID that would exclude die Baylor Street properties which include my property at this time. We have owned die Baylor Street property for about 30 years and do not want to develop it at this time. Until such a tithe as more of tze area is commercialized,die existing conditions of Baylor Street more than meet the needs of the residential area. Exclusion from this LID is fair for die Baylor Street residences and will save us froth beating tie expense of an improvement that would someday have to be partially torn out and redone when a later full Baylor Street ni nprovernent does occur. Thank you for your consideration." She said, "Now that we are pretty much cut out of die loop the don't have to worry too much, anymore." Ms.Wagar commented that she was not notified of die February 6, 2008 meeting. Engineer Duenas reiterated that only those affected by tie revised LID were notified. Attorney Ramis requested a copy of her letter for die record. TIG_ARD CITYYCOUNCIL/LCRB AGENDA— February 26, 2008 City of Tigard ~1 13125 SW Hall Blvd.,Tigard, OR 97223 1 503-639-4171 1 www.tigard-or.gov I Page 7 of13 John M. Kearney,2508 NE 24""Avenue, Portland, OR 97212 said he is a member manager ofDartinoud-i Town homes LOC on Dartmouth between 69th and 70`x' said he viewed this in a few ways but was neutral. He said he is all for beautifying the neighborhood. I Ie said that as a developer that would only help his property values when they sell. But he said the street Wideiung is a problem. I Ie said their property was purchased a few years ago fully unproved around die perimeter and now they are going to have to widen the street by eleven feet to accointnodate more traffic. Most of that traffic will come from up die hill from Specht properties. I Ie said they view this as their land is being taken from thein and they have to pay for it so someone else can benefit. Ivll. Kearney said he had ideas on how to pay for this, one idea being that they, as developers,go ahead and take care of this. But he said he read in the agenda that it will not be die case as City staff recon vended that they not be allowed to do Oils. Yet someone else on 68th Avenue is a developer and they are allowed to take care of it. He questioned the equality of this. Other ideas he suggested to help pay for the widening are the City's gas tax,reducing property taxes for a ten-year period for any residential properties adversely affected by this LID. He also suggested a use-based rather than just a linear or square footage-based way of paying for dis portion because it does benefit the entire city,rather d7an just their property. Ile noted that they were required to take part in a signalization study and wound up having to pay for 1-2% of the new signals going in on 68"'and 72"d Streets. He said, "That is a fair way to determine who should pay for the street widening.Who's going to be using it. 8:24:34 PNI John Coon&Many Olsen, 6940 SW Baylor,Tigard, OR Mi. Coon said they testified at the last public hearing and Clanked Coumcil for tanning their corrunents into consideration. He said they recognize this is a temporary delay and they'll have to face development in the future. I Ie noted that the specifications for die Tigard Triangle were written prior to global warming concerns and he asked that Council consider keeping flexibility in the plans to allow for more tree protection. He said that new growth trees will not fill in for the removed old growth trees. Mazy Olsen asked Engineer Duenas to queue up die PowerPoint to die aerial view slide. She said their lot still has many trees and that is what tie area looked like before. She said she is very attached to the trees and requested that the developers not fell diem. She said there were old-growth trees and if the new sidewalks cannot be cutbed widhout removing them, she requested they at least not be not be felled by the technique used recently. She said the developers cut Chem and let them drop which felt lilte an eardlquake and caused structural damage to their home. 8:28:22 PM Mayor Dirksen said IVIS. Olsen brought up a good point and it could be a financial disadvantage to developers if their felluig techniques did cause damage to her property. I Ie asked if there was anyone else present who did not sign up but who wished to continent. Todd Fillis, Sternberg Limited cannily Partnership on 9316 SW 12th Drive said his property was right in die huddle of the Specht development. He said he had concerns about the project cost. He said if there was some consideration that they could get a break on taxes or building fees because that would encourage Mein to get their property developed. Councilor Shetwood asked if he was planning on developing. Mi. Fillis said they were looking to develop but this LID really adds to that cost. City Manager Prosser said that low cost financing can be made for LID assessments and this is one option available. Mayor Dirksen asked if dere was an opportunity for deferment. City Manager Prosser said that we can make low-cost financing available for assessments.The term of the period depends on the financial markets and has been no more than ten}rears ii die recent past. I Ie said there is a program through die State Department of Revenue for properties owned by seniors,where Che assessment is paid for the owner up until the property changes hands. _ TI_GA_ RD CITY C_O_UN_CIL/LCRB_AGENDA- February 26,_2008 City of Tigard 1 13125 SW Iall Blvd.,Tigard, OR 97223 1 503-639-4171 1 www.6gard-or.gov I Page 8 of13 Mi. Fillis asked if permitting and development fees could be lowered as a way to encourage development. Engineer Duenas pointed out that Mr. rillis can't develop without lha-d;hg server and their development would be required to put ui sewer plus a half street extension. IIe said, "What flus does is provide an opportunity to spread that cost among all the properties." 8:32:09 PM Mayor Dirksen asked if anyone else wanted to speak. No one did. IIe asked Engineer Duenas if he had responses to any questions heard tonight. Mr. Duenas noted cost concerns were expressed. IIe said die City needs to let the "chips fall where they may" concerning corning up with fair assessments based on that nhetiodology. IIe said if Council wanted to do something over and above that they could. He said assessments could be held off-until tie properties are developed but the City would end up paying. IIe said that when the City uses a methodology they have to do so fairly and across the board and once tie true numbers,including actual construction costs are known, then that discussion could be held.But ui die meantime, he advised, the costs are based on estimates. Mayor Dirksen said there could be an opportunity-when LID's are finalized for Council to make adjustments as they see appropriate. Councilor Shei%vood asked, "If that was done would there be alien placed on the property?" City Manager Prosser said drat when die final assessment is spread,a lien is placed on die property. He said if Council decides to subsidize any of the assessments, he presumes the general fund would be tapped to do that and an)' Lien would be lowered by that atnou nt. I-Ie said there would be no way to recover the cost at that point. Councilor Sherwood said she wanted to make sure Council understood that because there is sometimes an expectation that there is a pool of money to draw from to do these diings but it doesn't pencil out. Councilor Woodruff told staff he appreciated the work they did since die last public hearing. He said staff was responsive to citizen concerns. He said it looked like a lot of work had been put into it to make sure it was as fair as possible so the people drat will benefit die most from it will cover more of the costs. IIe noted that the concerns expressed tonight were mostly about cost and that no one else was saying they-wanted to be removed from the District. IIe said this had been on the agenda for a long tune and he reconunended moving ahead now and talking later on about some of tie costs. Mayor Dirksen complimented staff on their responsiveness to the public concerns and the level of flexibility created to make this more equitable to everyone fiat will be impacted. IIe said, "We've all learned a couple of lessons as a result of this process regarding public outreach drat will benefit us in die future." Councilor Sherwood asked Engineer Duenas about the Dartmouth Town homes property and whether it has been riled out that they cannot do die improvement themselves. Engiricer Duenas said,"We decided they needed to be included in die LID because we don't have any leverage otherwise to get them to do it. IIe said they signed a restrictive covenant that they-would participate in any improvements to the streets." He said they bought die property knowing that the street-vas going to be -widened at some point. Councilor Buchner said, "The prior property owner already paid when Darthnoudi was-widened last tune. Somehow it does not seem fair—the land is being taken away from thein and they're being asked to participate. The point is that this street already had major improvements and it was in the purchase price.They're paying twice at least for a portion of die development and we should at least discuss tis." Mayor Dirksen said there is an opportunity to consider a different assessment based on land use racier than square footage to reduce tie unpact on residential development. He said, "We could consider it now but that -would delay die LID. We could also consider it at tie point the LID is finalized and look at the assessment with tie real numbers." Councilor Buchner asked for this to be put on the agenda so it is not forgotten. TIGARD CITY COUNCIL/LCRB AGENDA— February 26, 2008 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 1 503-639-4171 1 www v.tiprd-or.gov I Page 9 of13 Attorney Ramis remarked that With this action tonight Council would be adopting the formula With the Ordinance. He said, "So what you would be considering in the future,when you have all die costs in,is really whether the City is going to participate further. You wouldn't be considering shifting the costs to other property owners at that tune. That issue is being decided tonight." 3:41:56 PM Mayor Dirksen closed the Public Hearing at 8:41 p.m. He asked if there was any discussion by Council prior to their consideration of Ordinance No. 08-03. Councilor Sherwood moved and Councilor Buchner seconded the motion to adopt Ordinance No. 08-03. Mayor Dirksen asked Deputy Recorder Krager to read the number and title of die Ordinance. ORDINANCE NO. 08-03 AN ORDINANCE CONFIRMING AND RATIFYING THE RESOLUTION OF THE CI"I'Y COUNCIL OF DECEMBER 18,2007,AS A1VILNDED WITH RESPECT TO TIIE BOUNDARIES OF THE TIGARD TRIANGLE LOCAL IMPROVEMENT DISTRICT(LID#1);DECLARING RESULTS OF THE HEARING 1-IELD WITI RESPECT TO TI-M, IMPROVEMENT,DETERIVI NING THE BENEFITED PROPERTIES TO BE ASSESSED;ESTABLISHING TI IE DISTRICT;AND ORDERING THE MROVEMENTS TO BE MADE IN CONFOR1b1ANCE WITH PLANS AND SPECIFICATIONS BEING PRE,PARE D FOR THE IMPROVEMENTS. A roll call vote was taken and die ordinance passed unanimously by a vote of all Council present. Name Yes No Councilor Wilson Absent Councilor Woodruff y Mayor Dirlaen 5' Councilor Buehner y Comicilor Shetwood 3' Item No. 6 has been removed from the agenda at die request of the Ciq of I'ualati n. a. Staff litteeductiaii Publie Warks 7. 5:44:07 PNl CONSIDER A RESOLUTION OF NECESSI'T'Y FOR BURNI IAM STREET AND ASH AVENUE IMPROVEMENTS Mayor Dirksen asked for the staff report. Engineer Duenas said the City is moving ahead Xvidi the Burnham Street project which has to be coordinated with the Fanno Creek Park and Plaza plan. He said the City is now at the point where it needs to be as efficient as possible in acquiring the property necessary to move ahead widi under grounding utilities this summer. He said this Resolution of Necessity provides the City Manager some latitude in negotiating and signing agreements and is also a way for Tigard to be as efficient as possible in acquiring necessary right-of-way. I Ie said staff rnet with dne City Attomey to ensure proper steps are being followed and this Resolution allows the City to move ahead with condemnation if necessary. He said he hoped that would not be necessary but there are some indications that in some cases it might be. TIGARD CITY COUNCIL/LCRB AGENDA— February 26, 2008 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 1 503-639-4171 1 xvww.tigard-ongov I Page 10 of13 Councilor Sherwood asked if the property owners think the value is not correct or is it that they are against the project.Engineer Duenas said he was not sire that they were against die project. I Ie said there was some indication drat attorneys were being reta.iied. I Ie said, "We can't move ahead with eminent domain without the Resolution in place." City Manager Prosser said, "At this point we don't know what we will run into. We have strong cornrihitrnents to start this project this summer. The City's strong preference is to obtain these parcels from willing sellers and die City will male every effort to do so. In die case that it is not possible, this will give us the power to start wide condemnation. Mayor Dirksen said he understood that thereare tax benefits to property owners who are required to sell their Property for right-of-way Linder dnreat of condemnation. City Attorney Ramis agreed, saying that with passage of die Resolution opportunities are then created for die City to make that part of the negotiation. Mayor Dirksen noted that tliis was nota public lhearing but one person had signed up to speak on this topic so he asked Council's indulgence in allowing Tula. Stevenson to spear:. 8:48:12 PNI NNlike Stevenson, 9040 SW Burnham Street,Tigard, OR said he has owned and operated B &B Print Source for 21 years and that he provides good paying jobs for 72 employees. I Ie expressed concerns about dais Resolution being premature because property owners do not yet know what they'll be offered. I Ie said, "We should have been given an offer a long tune ago. He said he understood that die City was eager to start the project but by hurrying this property owners were being put into a bind I Ie said, "My property is being affected ii many ways including the Burnham widening and Ash widening. But you're also malting offers for die back portion of my property for the Tanno Creek Park and an addition one that I'll have to be looking at when you decide to do die festival street. That festival street will go through my parking lot and basically put me out of business it that location. Eventually you would be interested in placing housing on my property and that would force rhe to move. You are liniting my abiligr to expand my business. If I move the business, I'll end up with a worthless piece of property to rent out. You are also limiting my ability to do my job as a printing business. The City has forgotten die effects this has on existing businesses." Councilor Woodruff asked if die City had made offers to anyone yet. City Manager Prosser said, "No. This is the start of die process and it lays out some of the mechanics in teams of what I can authorize. So die fact that you haven't received an offer yet doesn't mean that we're not going to come and work with you to try a.nd proceed through a swilling seller program. We willbe trying to work out a deal that works for both of us." Engineer Duenas mentioned that part of die process of making an offer is getting an appraisal and the appraisers have been very busy. We're working hard to get the legal descriptions to them so they can complete die appraisals. Cowicilor Buehner asked when this was going to happen. Engineer Duenas said, "We have started the process already. Councilor Buchner: said she was concerned about the night-of-way purchases being completed this Fiscal year. Engineer Duenas said they are getting tie appraisals done as fast as possible and have made some offers. Councilor Bueluner said that was different than what was said earlier. Mr. Duenas said he did not say they had not made any offers. I Ie said there were 22 properties and he believed offers had been made on 7-8 of diem. I�e said there had been a difficulty tvidl some properties regarding obtaining easements from PGE and other utilities so those particular pieces could not be finalized. Councilor Buelhner suggested that staff communicate Nvidi all 22 property owners and let diern know when the City will be making an offer to diem, noting any delays due to utility company easements,if appropriate. City Manager Prosser said staff will do that. TIGARD CITY COUNCIL/LCRB AGENDA— February 26, 2008 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 1 503-639-4171 1 tiv,.v,,v.6gard-or.gov I Pa-ell of13 Councilor Sherwood said when the Urban Renewal plan was developed the City said dley would not do condennilation, but that was for properties to be developed. She said, "You have to have that for streets or one Property could hold up a street for years." Councilor Woodruff said residents of Tigard have given us a green light to make significant improvements in the downtown. f Ie said he'd, "Prefer no eminent domain be used on this but in case that is not possible, this resolution gives us that flexibility." Councilor Sherwood said Council does not want any businesses to leave die downtown area. She said that hopefully, this will be seen as an opportunity. Mike Stevenson said the City says they need to widen the road and want to start right away but business owners need a certain amoLuit of time to absorb tie infornhation, so this should have been given to owners a long time ago. He said he is not Lunvilling to work:with the City and felt the has proven that over die last four years. Councilor Sherwood said she didn't want lute or other business owners to get discouraged and think that the City wants thein to leave town so they can build a park. Mr. Stevenson said he hasn't heard that from the Council or the Mayor. Mayor Dirksen said he considers 1VIr. Stevenson and his business to be very valuable members of die corrimu dty and he didn't want Beni to leave Tigard. I Ie said, "This plan is a 20-year or maybe even 30-year plan before it is all accomplished... Opportunities are being created for you and for your property should you chose to consider them in the future." Regarding the assessments, he said he'd challenged the City Manager and Engineer six months ago to work:concurrently with tie property owners while finalizing tie street design in order to get right-of-way and move things fonvud more quickly. I Ie said, "The answer was `Iow do we know what to tell them about d-ie assessment until we know how much propel: S,we'll need?And we won't know that until the design is done.' And we've not known how much property needed until fairly recently." In response to Mr. Stephenson's comments City Manager Prosser said, "We are trying to move faster. Rest assured we are trying to do somedhing that is tie best for both of us because that will be die best outcome for t1e City." Councilor Sherwood said, "We're not developers. We have to follow a process that has all different kinds of rules and regulations... we're ttymg to do it in tie fastest way we can but it's still a long process." Councilor Woodruff said,"If any property owners ate getting messages from staff that are different from what you've heard from us tonight,you need to let us know." Council noted that their e-mail addresses are on the website. Mayor Dirksen asked if there was any further discussion and there being none he asked for a motion. Councilor Bueliner moved for adoption of Resolution No. 08-06. Councilor Sherwood seconded and all Council voted in approval. Name Yes No Councilor Wilson Absent Councilor Woodruff ✓ Mayor Dirksen ✓ Councilor Bueliner ✓ Councilor Sherwood ✓ TIGARD CITY COUNCIL/LCRB AGENDA— February 26, 2008 City of Tigard 1 13125 SW Halt Blvd.,Tigard, OR 97223 1 503-639-4171 1 ,v\v,,v.Ligard-or.gov I Page 12 of13 S. COUNCIL LIAISON REPORTS: None 9. NON-AGENDA ITEMS: None 10. EXECUTIVE SESSION: None held 11. ADJOURNMENT At 9:04 p.m. Councilor Woodruff moved for adjourmnent. Councilor Sherwood seconded the motion and all voted in favor. Nsune Yes No Councilor Wilson - Absent Councilor Woodruff ✓ Mayor Dirk-sen ✓ Councilor Bueliner ✓ Councilor Shetwood ✓ Carol A. Krager, Deputy City6fecorder Attest: (/� ", z Mayor, City of Tigard Date: I:\r\l�Al\Caths'\�-CIv1\2US1R\ONi122G busincss.doc TIGARD CITY COUNCIL/LCRB AGENDA— February 26, 2008 City of Tigard 1 13125 SW IIall Blvd.,Tigard, OR 97223 1 503-639-4171 1 www.tigard-or.gov Page 13 of 13