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City Council Minutes - 03/30/2010 Agenda Item No. '?/ '6' Meeting of .3y/o F7, 9 City ofTigardiard Workshop Meeting - A linutes bD TIGARD CITY COUNCIL /CITY CENTER DEVELOPMENT AGENCY(CCDA) MEETING DATE/TIME: March 30, 2010- 6:30 p.m. -Workshop Meeting MEETING LOCATION: City of Tigard—Town Hall, 13125 SW Hall Blvd.,Tigard, OR 97223 1. WORKSHOP MEETING 1.1 6:30:18 PM Mayor Dirksen called the Tigard City Council to order. 1.2 Deputy City Recorder Drager called the roll: Present Absent Mayor Dirksen x Councilor Henderson x Councilor Webb x Council.President Wilson x Councilor Buehner x 1.3 Boy Scout Troop 69 performed the flag ceremony and led everyone in the Pledge of Allegiance. 1.4 Council Communications&Liaison Reports -none 1.5 Call to Council and Staff for Non-Agenda Items -none 2. PRESENTATION OF TIIE JUNE 30,2009 COMPREHENSIVE ANNUAL FINANCIAL REPORT Financial and Information Services Director LaFrance introduced the members of the Budget Committee present: Cameron James,Rick Parker,John Bailey,Dan Goodrich,Dena Struck and Mona Moghimian, Assistant Finance Director Smith-Wagar introduced Tom Glogau of Grove,Mueller and Swank,the firm who completed the City's audit. She distributed to Council final copies of the audit. 6:37:22 PM Mr. Glogau went over the audit report. He referred Council to the Statement of Revenues, Expenditures and Changes in the Fund Balance. He pointed out that the General Fund balance decreased in the previous fiscal year by$3 million,so the cost of providing services through the General Fund was $3 million more than the amount that carne in to cover those costs. He noted that at the end of the year it had$7.7 million left. He said General Fund expenditures were averaging$2.2 million per month. He called attention to the$23 million in Revenues, of which roughly fifty-percent is derived from property taxes,which mostly come in during November. He said if the remainder of the General Fund Revenue came in evenly over the rest of the year,it can be assumed that there would be deficits in July,August, September and October. He said this would leave a General Fund deficit at the end of October,2010 of at least$4.8 million. He said if the City does not have at least$4.8 million on hand at the beginning of the fiscal year,it tans the risk of running out of money by October,prior to the tax infusion. Auditor Glogau said it is Council's responsibility and opportunity TIGARD CITY COUNCIL/CCDA AGENDA— MARCH 30, 2010 City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 1 503-639-4171 1 Nvww.tigard-or.gov I Page 1 af10 to snake decisions that manage the City's money so there is no shortfall. He said the Council has little control over what comes in.but can affect how much money goes out. 6:43:28 PM Mayor Dirksen asked if these figures,which were prepared by staff,have been reviewed by the auditors. Mr. Glogau said the auditors agree with these numbers and also that the City has been conducting business in accordance with the Oregon statutes. I-Ie said there is a report inside the audit stating that the City conducted business legally and appropriately in the fiscal year ending June 30,2009. Councilor Henderson asked if the auditors do business with other cities.Mr. Glogau said they did and listed several municipal clients. Councilor Henderson asked if the results of this audit were common among other municipalities. Mr. Glogau said, "Generically speaking,yes. Most cities are feeling a fiscal crunch...a lot of people are at the point of having to make difficult decisions." Budget Committee Member Bailey asked if money could be used from other funds to shore up the General Fund. Auditor Glogau said money can be borrowed temporarily from other funds but it cannot be done on a long-term basis as that money is earmarked and must be spent for those purposes. Assistant Finance Director Smith-Wagar said that cycle of borrowing is difficult to get out of. Auditor Glogau said,"Ultimately the Council is responsible for the long-term viability of the City and short-term solutions generally don't lead to long-term viability." Budget Committee Member Parker asked the auditor, since his organization looks at so many cities,if there was a Tigard City department that seemed"out of whack" to Ium. Auditor Glogau said there was nothing that appeared to him to be out of control or not used being appropriately. In response to Budget Committee Member Struck's question about how many years their firm has audited the City of Tigard,Auditor Glogau said they had for five years. Councilor Bueluier asked how the property tax revenues compare to recent years. Finance and Information Services Director LaFrance said property taxes are allowed to grow by 3%per year. He said it was less of a decline and more of a slowing of growth. He said with the decline in the building industry, there aren't the additional property taxes coming onto the rolls and the collection of property taxes is down slightly. Budget Committee Member Bailey noted that revenues were a little higher than the prior year and expenses were much, much higher. 6:59:03 PM Council President Wilson said,"I think we've always known that the General Fund was the issue because we have little control over revenues." He said, "We've always been in the situation where our costs are rising faster than our revenues and we've always offset that through growth in development. So every year we're doing a little bit less in services for more people. This trend has been going on for years since the property tax limitation. Now that we have this dip in construction,the day of reckoning has come." Auditor Glogau said this was an excellent summarization of the situation. 7:00:11 PM Councilor Henderson asked if there had been any different accounting methodologies used in the last year. Auditor Glogau said there were not. Finance and Information Services Director Larrance said the Budget Committee needed a Chair-elect,a position open to citizen members of the Budget Committee,and asked if nominations could be taken. Mayor Dirksen asked if it was acceptable to vote at a Workshop meeting. City Manager Prosser said any nominations made tonight would be considered advisory,with action taken at the next Budget Committee meeting. TIGARD CITY COUNCIL/CCDA AGENDA- MARCH 30, 2010 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 1 503-639-4171 1 wtvw.tigard-or.gov I Page 2 oflp Councilor Webb nominated Budget Committee Member Struck,saying she had good experience and applicable work experience. Councilor Buehner seconded the nomination. Mayor Dirksen asked if there were any other nominations. Councilor Henderson asked if Budget Committee Member Parker would like to be nominated. Mr. Parker said he had chaired the Financial Strategies Task Force in the past and thought the Budget Committee Chair would be a good opportunity for others. Councilor Webb moved that nominations close. Mayor Dirksen asked if there was any opposition and there being none closed the nominations. He said this hill be confirmed at the first Budget Committee meeting. Finance and Information Services Director LaFrance said the budget process this year had been complex and difficult and staff wanted to request some additional time to prepare. He suggested that the first Budget Committee meeting be moved back from April 27 to May 3. He said the target date for the preliminary budget would allow a minimum of two weekends for their review. IIe said he anticipated three consecutive Monday meetings -May 3,May 10 and 17. No one on the Budget Committee disagreed with the schedule. Councilor Webb asked if staff would be coining back to Council with recommendations for cuts. City Manager Prosser said that under local budget law he,as City Manager,is also the City's Budget Officer,and will bring forward his proposal to Council no later than April 23. 7:06:44 PM Councilor Buehner asked, "Are you going to come to us with recommendations for any cuts to be effective prior to the end of the current fiscal year?" City Manager Prosser said that was still under consideration. Budget Committee Member Parker said one thing that still stuck out for him was the $5 million difference between fiscal year 2007-08 and 2008-09. He asked if 2007 was an incredibly low year. He asked if the reasons for that blip could be addressed at the first Budget Committee meeting. Assistant Finance Director Smithy-Wagar noted that Transfers out can affect that and they could have been double-counted in the past. Budget Committee Member Bailey said he wanted to see which revenues are growth sensitive and which are not. He said expenses should come down but we haven't seen them decrease. 7:09:13 PM Mayor Dirksen said each fund would be discussed in greater detail during the Budget Committee meetings. He noted that Council made decisions last year to spend money for some Iarge one-time-only costs last year and that is showing up here as well. Council President Wilson asked that since the City may be limited by collective bargaining agreements,were there ways to control expenses other than cutting staff. He suggested long-term structural changes to keep expenses more in line with actual revenues so we are not depending on growth to keep going. I�e said it seems unsustainable. He noted that some employers have been moving away from PERS and have a different plan. He asked what the City's limitations are. Budget Committee Member Parker commented that the only City employees that have PERS are some Police Department employees. City Manager Prosser noted that the higher PERS costs are for those hired before 1997. Anyone hired since Hien is in a limited version of PERS. Budget Committee Member Parker said attrition would help with Council President Wilson's concern. Mayor Dirksen said even without the PERS portion,we still see general city expenses rising at a rate higher than revenues. TIGARD CITY COUNCIL/CCDA AGENDA- MARCH 30, 2010 City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 1 503-639-4171 1 www.tigard-or.gov I Page 3 ofl0 At 714 PMMayor Dirksen recessed the City Counci(Meeting and convened the City Center Development Agency(CCDA)meeting. All members present at the,joint Budget Committee Meeting were present at the City Center Development Agency Budget Committee Meeting, 3. PRESENTATION OF THE JUNE 30,2009 CCDA ANNUAL FINANCIAL REPORT Assistant Finance Director Smith-Wagar said die urban renewal agency is just getting ramped up and there is not a lot of money coining in yet. The tax increment financing process was discussed. She said the City's General Fund loaned the CCDA money last year and will again this year until they get going. She asked if there were any questions. CCDA Director Henderson asked if the same firm that did their audit did the City's audit and Assistant Finance Director Smith-Wagar said it was. She explained the urban renewal agency is looked at as a fund of the City and is audited both as part of the City's budget and examined again as a separate entity. CCDA Director Buelhner commented that the revenue was $120,000 last year. Assistant Finance Director Smith-Wagar said it would take awhile to build up. City Manager Prosser noted this was anticipated when Tigard's urban renewal district was formed in 2006 and this represents only tie third year of tie agency. CCDA Budget Committee Member Struck asked if there was a growth forecast for this money. City Manager Prosser said that when the district was created,a consultant with a lot of urban renewal experience was engaged to prepare a 20 year projection,which has been adjusted once. CCDA Budget Committee Member Struck asked if the adjustment was based on recent changes to the economy and if the CCDA is on target. City Manager Prosser said the consultant was asked to adjust the projection based on history to date and had not been asked to adjust it since the economic downturn. He said the second projection shows we are a little behind estimates. 7:20:52 PM CCDA Director Henderson asked for an explanation of the CCDA Assets on Page 7 from fiscal year 2008 to fiscal year 2009 and whether these are taxed. Assistant Finance Director Smith-Wager said the first number is cash and property taxes receivable. She said the second number is Capital Assets which are Burnham Street right-of-way purchases. A portion of Burnham is in the urban renewal district. City Manager Prosser asked if the CCDA Budget Committee would have the same Chair. Finance and Information Services Director LaFrance asked the CCDA Budget Committee if this was agreeable to them and if there was any objection to having the CCDA Budget Committee Meeting coincide with the City's Budget Committee meeting. No concerns were voiced. CCDA Budget Committee Member Parker asked staff to finish up on CCDA Director Henderson's question on page 7. Assistant Finance Director Smidh-Wagar responded dint the line item under Net Assets (Investment in Capital Assets,net of Related Debt)is the portion funded by the Debt Service Fund and since $256,000 of assets were purchased there wasn't-much in the dept service fund so that is d1e difference. She said it is the amount of money that will be coming in the future. CCDA Budget Committee Member Parker said it was his understanding that Engineer McMillan's salary is paid through this TIF fiend. City Manager Prosser said that was not true and she is an employee of the City's engineering department. Mr. Parker asked if any staff would be paid from the urban renewal fiends in the future. City Manager Prosser said under state lav we can only use TIF to repay debt so there probably will TIGARD CITY COUNCIL/CCDA AGENDA- MARCH 30, 2010 City of Tigard 1 13125 SW Hail Blvd.,Tigard,OR 97223 1 503-639-4171 � tvw�v.tigard-or.gov I Page 4 of10 always be some sort of loan arrangement between the General Fund and the urban renewal agency. I Ie said the decision was made early on that staff would not be repaid through the urban renewal agency. CCDA Chair Dirksen said where there is future increment available to pay off debt,the will issue bonds and pay them back with urban renewal funds. No one would be paid directly from urban renewal; they'd be paid from the proceeds from the bonds. CCDA Chair Dirksen asked if there were any fiirther questions. There were none. At 7;27 PM CCDA Director Webb moved to adjourn the City Center Development Agency and reconvene the City Council. CCDA Director Buehner seconded the motion and all voted in favor. Yes No CCDA Chair Dirksen x CCDA Director Ienderson x CCDA Director Webb x CCDA Director Wilson x CCDA Director Bueliner x 4. TIGARD TRANSPORTATION SYSTEM PLAN UPDATE—CONSULTANT FINAL BRIEFING 7:30 PM Senior Planner Wyss introduced Elizabeth Wemple,an Associate Engineer with Kittelson& Associates and Judith Gray, the City's Senior Transportation Planner. He said Council would be hearing about the final draft of Tigard's Transportation System Plan Update (TSP),underway for the past fifteen months,and paid for by a State Transportation and Growth Management grant. Senior Planner Wyss said Engineer Wemple would give a presentation about the process and some key findings in the document. He said the intention was not to get into the details tonight,as those will be addressed after the Planning Commission workshop and public hearings. He said copies of the final draft have been distributed to Council. Kittelson&Associates Engineer Wemple complimented City staff for their work on this project,specifically Senior Planner Wyss and Senior Transportation Planner Gray. She gave an overview of the project in a PowerPoint presentation,a copy of which is in the City Recorder's office. She gave a brief overview of each section in the TSP and discussed existing facilities and future projects,noting there were about 125 projects listed in the TSP. She said right-of-way needs are identified so what is constructed today doesn't preclude what is needed in the future. She said this was done in the context of the recent Comprehensive Plan Update and the Regional Transportation Plan and other planning documents such as the 99W Plan. She noted that this was a modification of Tigard's existing TSP and rather than starting from scratch,staff and the consultants built upon the 2002 TSP,the 99W Improvement and Management Plan and Metro's Regional Transportation Plan. Engineer Wemple reviewed the citizen involvement process and said input from the Transportation Advisory Committee was sought at key milestones in the project. She presented Key Findings and outlined the transportation improvements that are listed in the updated TSP. She discussed the projects listed in the TSP, noting that roads were planned not just for car transportation,but with a "complete-street"perspective that snakes sure roads are serving all transportation modes (including cyclists and pedestrians). A snap was presented showing all projects,by project type and road type. She pointed out changes such as reduced 217 overcrossings,and the change of one overcrossing near Washington Square to be just for cyclists and pedesvians. She mentioned that the Wall Street extension was removed due to substantial challenges from the TIGARD CITY COUNCIL/CODA AGENDA- MARCH 30, 2010 City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 1 503-639-4171 1 Nvwxv.tigard-or.gov I Page 5 of10 railroad. She listed things for Council to consider as they review the document and noted that the TSP is not the CIP,which will be developed through a different process. She asked Council to review the goals chapter and compare the projects to see if they hit die target. Council President Wilson said he was interested in die role future light rail might play and how it Fnight start to look on the ground. I ie noted that Pacific Highway intersection improvements are going on now and future lane changes will also satisfy a lot of demand,but adding backage roads parallel to Pacific Highway could add as many as four lanes in some areas. Backage toads help meet some demand without malting the area unlivable. He asked,as Tigard re-zones as part of the Comprehensive Plan Update and a potential light rail corridor,if backage roads should be required as part of redevelopment. I ie asked at what point that gets studied. Senior Transportation Planner Gray said the potential and hope for high-capacity transit on Pacific Highway was always in the background but it has not yet been incorporated into Metro's model. She said much of the travel demand analysis depended on Metro's model. She said she felt the most important parts of the TSP are the land use and connectivity elements. She said what can be talked about now are those developments or elements that provide critical circulation and connectivity,whether backage roads are a part of it or something else. She said it would be great to find a continuous parallel route along 99W but didn't think it was possible. 8:00:14 PM Council President Wilson said he would like to talk about the urban form,which the University of Oregon students have been working on. He suggested zoning for new roads be created that follows "desire" lines rather than points of the compass. F Ie noted that greater density is projected for Tigard; Newberg and McMinnville are still growing; and yet there is stubborn resistance to building bypass roads to the south of Tigard. Community Development Director Bunch said one Finding showed that Pacific Highway floor area ratio ranges between .1 and .2. Only 10%-20% of the land is actually built on; the rest is considered greyscape. He said staff is envisioning urban environments along Pacific Highway diat would be supported by high-capacity transit both along the length of the corridor and at pulse points or nodes along the corridor ranging from.6 to .8 floor area ratio (upwards to 30,000 per acre). He said a lot of growth will be located along Pacific Highway, the Tigard Triangle, Washington Square and Concept Plan Areas 63 and 64. Light rail and a multitude of different transportation modes are planned for this area in the next fifty years. A key to this is permeability among the neighborhoods and different zones. There are walls and fences between the residential and commercial areas forcing residents to drive on 99W just to get to neighborhood shopping. 8:06:21 PM Mayor Dirksen added that in addition to the land-use study that will be done for Pacific Highway over the next three years that Tigard will be doing, Metro is conducting a transportation study of the entire 1-5 corridor from downtown Portland to Tualatin that will include a study of the 99W corridor from its intersection at Barbur Boulevard to Dutham Road. He said conclusions will be developed out of these two studies, such as the backage roads to which Council President Wilson was referring. 8:07:19 PM Council President Wilson suggested a connectivity study similar to what was done for Tigard's downto«m. Community Development Director Bunch agreed and said while we need major transportation improvements on the major roads,what will snake it work is connectivity along local streets and to that major system. Kirtelson Engineer Wemple said so much transportation in Tigard relies on state and county highways. If there was a way to develop a secondary circulation system for local travel it would be a huge benefit. Community Development Director Bunch cautioned that these streets need to be truly local streets that don't become heavily travelled arterials or collectors that serve as bypass roads to an already overloaded freeway TIGARD CITY COUNCIL/CODA.AGENDA- MARCH 30, 2010 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 1 503-639-4171 1 www.tigard-ongov I Page 6 of10 system. He said,"Local connectivity needs to remain local and let the freeway system, especially I-5 in this instance, handle its own traffic." 8:09:07 PM Councilor Henderson said thinking 25 years in the future, this plan doesn't seem enough. He said there should be a longer-range plan that is easily changeable and updatable. I Ie said it seems scary to take in all these people coming into our community and is afraid Tigard's livability will deteriorate as future growth occurs. Engineer Wemple agreed that there is a lot of growth coming but said transportation systems need to support the community's livability. Senior Transportation Planner Gray said many TSP updates are going on currently in Oregon communities. There is material in the TSP that documents how we can manage this growth and make the most of our existing resources. She said that's why we are not going to widen 99W so that more cars can drive through here to get somewhere else faster. She said staff will regi to Council with a circulation plan. Mayor Dirksen said he thought the rush that is coming will have no more effect than the rush that we just experienced. He said, "Tigard will not be the same and it will look different but it won't be a deterioration." Councilor Webb said she viewed the upcoming growth as.exciting. 8:21:06 PM Councilor Buchner referred to Figure 4.3 on page 57 — Forecast Household Growth and said it doesn't show much growth in die Downtown and Triangle. She said, "We spent die past two years coming up with urban reserves and how much population the City of Tigard could take in terms of densi4 ng the Dotivnto-vvn area and Triangle. Metro has approved that. Future planning will be based upon this planning. We will hear within five years whether we are getting light rail." She said she had a problem with the TSP maps not reflecting these changes. Senior Transportation Planner Gray acknowledged there is a gap in the data. She said greater densities weren't reflected because they weren't yet in Metro's latest map. Council Buchner said there are several months before this plan will be adopted and she would not vote for a TSP without this information. She asked when Metro would be ready with a new model. Community Development Direction Bunch said we have to use what model is the latest, being fully cognizant that Councilor Buchner's concern is appropriate. He noted that Tigard' TSP will be outdated when the next Metro Regional Transportation Plan is issued. Senior Transportation Planner Gray suggested amending die plan when new information is ready. She said staff could have them run the model and then review specific projects to see if they change due to that. Senior Planner Wyss said this is based on our current Comprehensive Plan. He said that just because we have aspirations may not mean that Metro will change the model,unless we change our zoning. Council President Wilson noted the difficulties of not putting anything in our TSP that doesn't reflect higher densities as per the Comprehensive Plan,but we can't increase densities because the are locked into the current Regional Transportation Plan. Senior Transportation Planner Gray said Metro is looking at this and their corridor study. Community Development Director Bunch said the upcoming 99W corridor refinement plan will look at a variety of modes and their impact and adding additional capacity. Another opportunity for Tigard is credits for using Center designations. TIGARD CITY COUNCIL/CCDA AGENDA- MARCH 30, 2010 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 1 503-639-4171 1 tvwxv.tigard-or.gov I Page 7of10 8:36:06 PM Mayor Dirksen said, "The reason the map on page 57 looks this way (not our aspiration)is because we need to do the update now as required by the State and it must be based on current Metro data. We are not allowed to put our aspirations on this map." Councilor Buehner asked how much money would go to waste on multiple iterations and suggested putting it off for a year or two until after the 99W corridor plan and Regional Transportation Plan are complete. Senior Transportation Planner Gray expressed concern that we would lose what we've already done with the State TGM grant money,and she didn't think that much will change. 8:40:06 PM Community Development Director Bunch said, "There are financial implications. We received a TGM grant. The state gave us this money and we've received 6% staff time... Regardless of what we do, our TSP is meeting our periodic update requirement." City Manager Prosser said the issue for Council is the limitations of this map, given the fact that plans change over time, and this document is an update of an 8-year old plan. The existing plan doesn't reflect current realities. He said, "We need to use this strong and good effort. Is die problem so serious that it calls into question the overall confidence with this plan? We are close to the finish line with this project." 8:46:25 PM Council President Wilson asked if, given our constraints with contracts and multiple financial partners, could staff go back and see what would be involved with getting the data in line with our aspirations. He said he agreed with Councilor Buehner that not reflecting our aspirations is a serious problem. He said we are talking about a major transformation in the Tigard Triangle and along Pacific Highway. Assistant Community Development Director Hartnett said the current document offers a policy foundation that shifts to one that describes strategies and looks at relationships. She encouraged Council to look at the policy foundation and hozv well it advances overall focus on the land-use planning the have been working on. As an aside, she noted that the South Waterfront development was not in Portland's TSP either. Council Buehner suggested a caveat be included that"We had to rely on maps that are not relevant to where we want to go." She also noted that Scholls Ferry is designated as an arterial classification like McDonald Street but it gets much more traffic. Mayor Dirksen said that in looking at the map as it is,he didn't think it created a fatal flaw. He suggested wording at the bottom to say,"Forecast is based on data obtained from Metro AND Tigard's plan." Community Development Director Bunch said the could also add a map called, "Tigard's Aspirations." Mayor Dirksen said he preferred to have it on the same map,and well identified. Council President Wilson said he was glad to see bicycle boulevards in the TSP, but he didn't see any effort to move bicycle routes off arterials and onto parallel streets. Councilor Buehner suggested including in the TSP opportunities to build parallel paths along major arterials. Council President Wilson recommended one from Barrows to Sumrnerlake Park and North Dakota. Senior Transportation Planner Gray agreed such suggestions are great but felt they were more appropriate in a bicycle plan and were too detailed for the TSP. 9:10:27 PM Mayor Dirksen thanked staff for preparing a document that created a platform for a lot of discussion. Councilor Buelzner acknowledged the hard work put into this. TIGARD CITY COUNCIL/CCDA AGENDA- MARCH 30, 2010 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 1 503-639-4171 1 w%vw.tigard-or.gov I Page 8 of10 5. DISCUSSION OF CODE AMENDMENT TO EXTEND LAND USE APPROVALS 9:11:08 PM Associate Planner Caines spore about a future code amendment to come before.Council for the purpose of amending the Development Code to extend land use approvals for Site Development Reviews, Subdivisions,and Mirror Land Partitions PCA2010-00001). She said the approvals that would be affected would be anything lapsing between July 1,2008 and December 31,2011. They are proposing a code amendment to extend the approvals to December 31,2012. She said this was discussed at a Planning Commission hearing and there was no one speaking for or against this. She said the reason for the code amendment was the downturn in the economy and also the interest expressed by some applicants. Associate Planner Caines said one issue in taking older land use approvals that were done under a different tree code and extending them to December 31, 2012 is that the new tree code may be different from the existing ordinance. Applicants were initially approved under the prior tree code which bad heavy mitigation,and people may see development occurring with this cumbersome mitigation that doesn't reflect the current standards. She said her staff report didn't reflect the upcoming tree code issue and asked Council what sort of information they need at the April 13, 2010 public hearing. Assistant Development Director Hartnett added that the older subdivisions are the cases that may be of most concern. There is a gap between what the Planning Commission heard about and what Council is aware of, given the recent direction Council gave staff on the tree code. She noted that while several cities are granting extensions through code amendments not all,Tualatin for example,are giving them to Subdivisions. Councilor Buehner asked if Council has authority to require subdivisions, but not other applicant types to meet code amendment changes. Assistant Community Development Director Hartnett said, "We have to do it by case type,applying it to all cases in a land use category that fall within a certain time period." Councilor Buehner asked for more specific information. Associate Planner Caines said she had prepared a list of 42 cases that tells exactly whether it is a site development review, minor land partition or subdivision, and includes names,expiration dates and whether or not the applicant had requested an extension. She offered to add location to her list before distributing it to Council for background. Councilor Henderson asked if a subdivision is under one review and the lots are sold,would there still be a site review required at that point. Assistant Community Development Director Hartnett said if the subdivision had been completed and the final plat had been reviewed,it would be considered completed. Council President Wilson said some things were planned during the boom time that may never come back. The types of development may not even be what is in demand when the economy comes back. There is a shelf life to a plan and that should be considered. He asked if dnere is an interim possibility (not a yes or no) or limited review of just what is different because of a code change. Assistant Community Development Director Hartnett said the current rules say,if the code changes,an extension may or may not be permitted. Associate Planner Caines said that is one of the approval criteria if the extension is allowed. Councilor Webb asked if there was anything written about someone selling to another developer. Associate Planner Caines said many properties had already gone back to the bank. Assistant Community Development Director Hartnett clarified that the approval-runs with the land,not the owner. Councilor Buehner said she wasn't sure she would be ready to make a decision on April 13. Assistant Community Development Director Hartnett said Council may want to consider holding the hearing open to give staff more time. She said applicants may be surprised if Council decides to limit the number of cases or TIGARD CITY COUNCIL/CCDA AGENDA- MARCH 30, 2010 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 1 503-639-4171 1 w%vw.tigard-or.gov Page 9 of 10 types eligible. People may also want some reflection time. City Manager Prosser looked at the schedule of upcoming Council meetings and said carrying over the hearing would be possible. Mayor Dirksen and Council President Wilson agreed with Councilor Buehner that one meeting is not enough to consider this. Council President Wilson said the testifying public should be told no decision will be made that night. He said he wants to hear the input,have time to mull it over and then make a decision at a later date. Mayor Dirksen asked Council if they want another workshop prior to a public hearing. Assistant Community Development Director Hartnett suggested taking public testimony on April 13, holding a Workshop Meeting discussion and then continuing the hearing until May 11,2010 6. NON AGENDA ITEMS - Councilor Henderson asked when Council would be reporting back on their National League of Cities Conference in Washington DC. City Manager Prosser said he scheduled this for the Council meeting of May 25,2010. 7. ADJOURNMENT 9:38:57 PM Councilor Webb moved for adjournment and Councilor Buehner seconded the motion. All voted in favor. Yes No Mayor Dirksen x Councilor Henderson x Councilor Webb x Council President Wilson x Councilor Buehner x Carol A.Drager,Deputy City Recorder Attest: Mayor,City of Tigard Date I:\ADM\CATIIY\CCM\2010\10033OWori-shop CCDA.doc TIGARD CITY COUNCIL/CCDA AGENDA- MARCH 30, 2010 City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 1 503-639-4171 Nvtv�v.tigard-or.gov Page 10 of10