Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
City Council Packet - 07/11/2006
CITY OF TIGARD OREGON TIGARD CITY COUNCIL MEETING July 11, 2006 COUNCIL MEETING WILL BE TELEVISED I:\Ofs\Don na's\Ccpktl 13125 SW Hall Blvd., Tigard, OR 97223 (503) 639-4171 TDD (503) 684-2772 PUBLIC HEARING ITEM: The following will be considered by the Tigard City Council on COMMUNITY Tuesday July 11 2006 at 7:30 PM at the Tigard Civic Center - Town Hall, 13125 SW Hall Blvd., Tigard, Oregon. NEWSPAPERS Public oral or written testimony is invited. The public hearing on this matter will be held under Title 18 and rules of procedure 6605 SE Lake Road, Portland, OR 97222 • PO adopted by the Council and available at City Hall or the rules of Box 22109 • Portland, OR 97269 procedure set forth in Section 18.390.060.E. Phone: 503-684-0360 Fax: 503-620-3433 Further information may be obtained from the City of Tigard Email: Planning Division (Staff contact: Sean Farre5lly) 03 at 1 41715, Hall Blvd., Tigard, Oregon. 97223, by g or by legaladvertising@commnewspapers.com email to seanna tigard-or.sov_. DEVELOPMENT CODE AMENDMENT (-CAI 2006-00002 > CODE AMENDMENT TO ALLOW INCIDENTAL,& AFFIDAVIT OF PUBLICATION SUBORDINATE COMMERCIAL USES IN CULTURAL State of Oregon, County of Washington, SS INSTITUTIONS < REQUEST: The applicant is requesting approval of a Development Code Amendment to amend the Use Classifications I, Charlotte Allsop, being the first duly sworn, Chapter (18.130) and the Sign Chapter (18.780) of the Tigard depose and say that I a the Accounting Community Development Code. The proposed amendment would Manager of The Times (s serving Tigard, amend the uses allowed under. Civic Use Types (Section Tualatin Sherwood newspaper of 18.130.020.B.4) to allow incidental and subordinate commercial general circulation, pu ubl lished at Beaverton, in uses (such as a gift shop, bookstore, and limited food and bever- age services). In addition, a new category "Cultural Institution ORS 193.010 and 193.020, that Auxiliary Signs" would be created in-the Special Condition Sign Section (18.780.090). LOCATION: Within Cultural Institutions. City of Tigard ZONE: All zones where Cultural Institutions are an allowed use. Y APPLICABLE REVIEW CRITERIA: Community Development Public Hearing Item: DCA 2006-00002 Code Chapters 18.130.020, 18.380.020, 18.390.060, 18.780.015 TT10820 and 18.780.090; Comprehensive Plan Policies 1 and 2; and Statewide Planning, Goal 1. a copy of which is hereto annexed, was Publish Statewide Goal 1 6/22/206 TT10820 published in the entire issue of said newspaper for 1 successive and consecutive weeks in the following issues June 22, 2006 Charlotte Allsop (Accounting Manager) Subscribed and sworn to before me this June 22, 2006 NOTAR UBLIC FOR OREGON My commission expires `_n©vl Acct #10093001 Patricia Lunsford OFFICIAL SEAL City of Tigard SUZETTE I CURL 13125 SW Hall Blvd. NOTARY PUBLIC-0R AN Tigard, OR 97223 COMMISSION NO. 373063 MY COMMISSION EXPIRES NOV. 28, 2007 Size:2 x 4.5 Amount Due $75.15 'Remit to address above CONW3UNITYc CITY OF TIGARD NEV SPAI'ER! OREGON 6605 SE Lake Road, Portland, OR 97222 • PO Box 22109 • Portland, OR 97269 Phone: 503-684-0360 Fax: 503-620-3433 PUBLIC HEARING ITEM: Email: The following will be considered by the Tigard City Council on legaladvertising@commnewspapers.com Tuesday July 11. 2006 at 7:30 PM at the Tigard Civic Center - Town Hall, 13125 SW,Hall Blvd., Tigard, Oregon. Public oral or written testimony is invited. The public hearing AFFIDAVIT OF PUBLICATION on this matter will.be held under Title 18 and rules of procedure State of Oregon, County of Washington, SS adopted by the Council and available at City Hall or the rules of procedure set forth in Section 18.390.060.E. Further information may be obtained from the City of Tigard 1, Charlotte Allsop, being the first duly sworn, Planning Division (Staff contact: Sean Farrelly) at 13125 SW Hall depose and say that I am the Accounting Blvd., Tigard, Oregon 97223, by calling 503-639-4171, or by Manager of The Times (serving Tigard, email to seanQtigard-or.gov. Tualatin & Sherwood), a newspaper of DEVELOPMENT CODE AMENDMENTdDCAI 2006-00001 general circulation, published at Beaverton, in > ENTRYWAY SIGNS CODE AMENDMENT < the aforesaid county and state, as defined by REQUEST: The applicant is requesting approval of a Development Code Amendment to amend the Sign Chapter ORS 193.010 and 193.020, that (18.780) of the Tigard Community Development Code. The pro- posed amendment would amend Section 18.780.015 City of Tigard (Definitions) to add a definition of "Entryway Signs", and Public Hearing Item: DCA 2006-00001 Section 18.780.090 (Special Condition Signs) to, allow Entryway TT10819 Signs in all zoning districts. LOCATION: City-wide. ZONE: All zoning districts. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.380.020, a copy of which is hereto annexed, was 18.390.060, 18.780.015 and 18.780.090; Comprehensive Plan published in the entire issue of said Policies I and 2; and Statewide Planning Goal 1. newspaper for Publish 6/22/06 TT10819 1 - - successive and consecutive weeks in the following issues June 22, 2006 Charlotte Allsop (Accounting Man ger) Subscribed and sworn to before me this June 22, 2006 NOTARY PUBLIC FOR OREGON My commission expires C))v .9-C-1)o Acct #10093001 Patricia Lunsford OFFICIAL SEAL City of Tigard SUZETTE 1 CURRAN 13125 SW Hall Blvd. NOTARY PUBUC-OREGON Tigard, OR 97223 MY COMMISSION EXPIRES NOV. 2063 8,2007 Size:2 x 4.5 Amount Due $75.15 'Remit to address above Sheet for bookmarking items unable to send to microfiche Date: 7/11/06 Item: CD Subject: PowerPoint Presentation, Downtown Bend, Lisa Olson Stored in vault: See Records Division i City of Tigard, Oregon Affidavit of Notification In the Matter of the Proposed Notification of Council Meetings Schedule for July, 2006 I STATE OF OREGON ) County of Washington ) ss. City of Tigard ) 7 being first duly sworn (or affirmed), by oath (or affirmation), depose and say: That I notified the following people/organizations by fax of Schedule of July, 2006 Council Meetings Barbara Sherman, Newsroom, Tigard Times (Fax No. 503-546-0724) Newsroom, The Oregonian (Fax No. 503-968-6061) ❑ Editor, The Regal Courier (Fax No. 503-968-7397) A copy of said Notice being hereto attached and by reference made a part hereof, on the 2 r day of /7 _e_ , 20 0C- Signature of Person who Performed fication Subscrib d and sworn (r affirmed) before me this day of l~ 20 OFFICIAL SEAL Signature of Notary Pu lic for Oregon JILL Al BYARS NOTARY PUBLIC-OREGON COMMISSION No. MY COMMISSION EXPIRES UNE;14, 2008 CITY OF TIGARD CITY COUNCIL AND CITY CENTER DEVELOPMENT AGENCY JULY, 2006 MEETING SCHEDULE TOWN HALL L 13125 SW HALL BOULEVARD TIGARD OREGON The. following meetings are scheduled for the Tigard City Council in July, 2006. July 6 6:00 p.m. Special Meeting - Tigard Town Hall July 11 6:30 p.m. Study Session - Red Rock Creek Conference Room 7:30 p.m. City Center Development Agency (CCDA) & Council Business Meeting - Tigard Town Hall July 18 6:30 p.m. Study Session - Red Rock Creek Conference Room 7:30 p.m. Business Meeting - Tigard Town Hall July 25 Business meeting Cancelled *See below July 25 6:30 p.m. *Possible Tigard City Council Quorum to attend Washington County Board of Commissioners Business Meeting - Public Services Building, 155 N. First Avenue, Hillsboro, Oregon For further information, please contact City Recorder Cathy Wheatley at 503-639-4171, Ext. 2410 or Deputy City Recorder Carol Krager at 503-639-4171, Ext 2419. Please forward to: Barbara Sherman, Newsroom, Tigard Times (Fax No. 503-546-0724) Newsroom, The Oregonian (Fax No. 503-968-6061) Editor, The Regal Courier (Fax No. 503-968-7397) Deputy City Recorder Date: Post: Tigard City Hall Tigard Permit Center Tigard Public Library ORevised 7/7/06 - Added Agenda Item No. 5 - Discuss CCAC TIGARD CITY COUNCIL r MEETING r x July 11, 2006 6:30 p.m. TIGARD CITY HALL 13125 SW HALL BLVD J d TIGARD, OR 97223 PUBLIC NOTICE: Anyone wishing to speak on an agenda item should sign on the appropriate sign-up sheet(s). If no sheet is available, ask to be recognized by the Mayor at the beginning of that agenda item. Citizen Communication items are asked to be two minutes or less. Longer matters can be set for a future Agenda by contacting either the Mayor or the City Manager. Times noted are estimated; it is recommended that persons interested in testifying be present by 7:15 p.m. to sign in on the testimony sign-in sheet. Business agenda items can be heard in any order after 7:3012.m. Assistive Listening Devices are available for persons with impaired hearing and should be scheduled for Council meetings by noon on the Monday prior to the Council meeting. Please call 503-639-4171, ext. 2410 (voice) or 503-684-2772 (TDD - Telecommunications Devices for the Deao. Upon request, the City will also endeavor to arrange for the following services: • Qualified sign language interpreters for persons with speech or hearing impairments; and • Qualified bilingual interpreters. Since these services must be scheduled with outside service providers, it is important to allow as much lead time as possible. Please notify the City of your need by 5:00 p.m. on the Thursday preceding the meeting by calling: 503-639-4171, ext. 2410 (voice) or 503-684-2772 (TDD - Telecommunications Devices for the Deaf). SEE ATTACHED AGENDA CITY COUNCIL AGENDA - July 11, 2006 page 1 AGENDA TIGAM CITY COUNCIL MEETING JULY 11, 2006 6:30 I'M • STUDY SESSION > Discussion on Council Groundrules • EXECUTIVE SESSION: The Tigard City Council will go into Executive Session to discuss real property transaction negotiations and consultation with legal counsel concerning current litigation or litigation likely to be filed under ORS 192.660(2)(e) and (2)(h). All discussions are confidential and those present may disclose nothing from the Session. Representatives of the news media are allowed to attend Executive Sessions, as provided by ORS 192.660(4), but must not disclose any information discussed. No Executive Session may be held for the purpose of taking any final action or making any final decision. Executive Sessions are closed to the public. 7:30 PM 1. BUSINESS MEETING 1.1 Call to Order - City Council 1.2 Roll Call 1.3 Pledge of Allegiance 1.4 Council Communications & Liaison Reports 1.5 Call to Council and Staff for Non-Agenda Items 7:35 PM 2. CITIZEN COMMUNICATION (Two Minutes or Less, Please) • Follow-up to Previous Citizen Communication 7:40 PM 3. CONSENT AGENDA: These items are considered to be routine and may be enacted in one motion without separate discussion. Anyone may request that an item be removed by motion for discussion and separate action. Motion to: 3.1 Approve Council Minutes for June 13, 2006 3.2 Receive and File: a. Council Calendar b. Tentative Agenda 3.3 Approve an Annual Merit Pay Adjustment for the City Manager CITY COUNCIL AGENDA -July 11, 2006 page 2 • Consent Agenda - Items Removed for Sebarate Discussion: Any items requested to be removed from the Consent Agenda for separate discussion will be considered immediately after the Council has voted on those items which do not need discussion. 7:45 PM 4. TUALATIN VALLEY FIRE AND RESCUE (IVF&R) DEPLOYMENT REPORT • Staff Introduction: Public Works Department • Report Presentation: TVF&R Assistant Chief Paul LeSage 8:15 PM 5. DISCUSS CITY CENTER ADVISORY COMMISSION (Continued from the July 6, 2006, Special Council Meeting) • Staff Introduction: Community Development Department • Update: Mayor Dirksen • Council Discussion 8:35 PM 6. PUBLIC HEARING (LEGISLATIVE) - ENTRYWAY SIGN CODE AMENDMENT (DCA 2006-00001) REQUEST: The applicant is requesting approval of a Development Code Amendment to amend the Sign Chapter (18.780) of the Tigard Community Development Code. The proposed amendment would amend Section 18.780.015 (Definitions) to add a definition of "Entryway Signs", and Section 18.780.090 (Special Condition Signs) to allow Entryway Signs in all zoning districts. LOCATION: City-wide. ZONE: All zoning districts. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.380.020, 18.390.060, 18.780.015 and 18.780.090; Comprehensive Plan Policies 1 and 2; and Statewide Planning Goal 1. a. Open Public Hearing b. Declarations or Challenges: Does any Council member wish to declare or discuss a conflict of interest or abstention. C. Staff Report: Community Development Department d. Public Testimony Proponents Opponents e. Staff Recommendation f Council Questions g. Close Public Hearing h. Council Consideration: Ordinance No. 06- CITY COUNCIL AGENDA - July 11, 2006 page 3 8:55 PM 7. PUBLIC HEARING (LEGISLATIVE) - INCIDENTAL USES IN CULTURAL INSTITUTIONS CODE AMENDMENT (DCA 2006-00002) REQUEST: The applicant is requesting approval of a Development Code Amendment to amend the Use Classifications Chapter (18.130) and the Sign Chapter (18.780) of the Tigard Community Development Code. The proposed amendment would amend the uses allowed under Civic Use Types (Section 18.130.020.B.4) to allow incidental and subordinate commercial uses (such as a gift shop, bookstore, and limited food and beverage services). In addition, a new category "Cultural Institution Auxiliary Signs" would be created in the Special Condition Sign Section (18.780.090). LOCATION: Within Cultural Institutions. ZONE: All zones where Cultural Institutions are an allowed use. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.130.020, 18.380.020, 18.390.060, 18.780.015 and 18.780.090; Comprehensive Plan Policies 1 and 2; and Statewide Planning Goal 1. a. Open Public Hearing b. Declarations or Challenges: Does any Council member wish to declare or discuss a conflict of interest or abstention. C. Staff Report: Community Development Department d. Public Testimony Proponents Opponents e. Staff Recommendation £ Council Questions g. Close Public Hearing h. Council Consideration: Ordinance No. 06- 9:25 PM 8. COMMENTS TO WASHINGTON COUNTY COMMISSIONERS REGARDING PROPOSED BULL MOUNTAIN INCORPORATION • Staff Presenter: Community Development 9:55 PM 9. COUNCIL LIAISON REPORTS 10. NON AGENDA ITEMS CITY COUNCIL AGENDA -July 11, 2006 page 4 11. EXECUTIVE SESSION: The Tigard City Council may go into Executive Session. If an Executive Session is called to order, the appropriate ORS citation will be announced identifying the applicable statute. All discussions are confidential and those present may disclose nothing from the Session. Representatives of the news media are allowed to attend Executive Sessions, as provided by ORS 192.660(4), but must not disclose any information discussed. No Executive Session may be held for the purpose of taking any final action or making any final decision. Executive Sessions are closed to the public. 10:00 PM 12. ADJOURNMENT WadmXcathytccot2006=0711.doc CITY COUNCIL AGENDA -July, 11, 2006 page 5 Agenda Item No. . I . d For Agenda of g D~ Tigard City Council Meeting Minutes Date: July 11, 2006 Time: 6:30 p.m. Place: Tigard City Hall, 13125 SW Hall Boulevard Tigard, Oregon Attending: Mayor Craig Dirksen Presiding Councilor Sally Harding Councilor Sydney Sherwood Councilor Nick Wilson Councilor Tom Woodruff Agenda Item Discussion & Comments Action Items follow u Study Session Mayor Dirksen called the meeting to order at 6:30 p.m. The City Council went into Executive Session after Mayor Dirksen read the citation specifying why the Executive Session was being held. Legal Counsel Ramis arrived shortly after the City Council went into Executive Session and was present for the discussion regarding litigation. Executive Session The Tigard City Council went into Executive Session at 6:32 p.m. to discuss real property transaction negotiations and consultation with legal counsel concerning current litigation or litigation likely to be filed under ORS 192.660(2)(e) and (2)(h). Executive Session concluded at 6:50 p.m. Study Session Calendar items listed on the Study Session Agenda were Council Calendar reviewed. Study Session Mayor Dirksen noted that two weeks ago the City Policy Direction was given City Council Council received copies of the Tigard City Council regarding Council minutes. Groundrules groundrules as well as comparative groundrules from (See * on Page 3). other cities. He asked if anyone would like to bring up any item for discussion regarding this review, which is Proposed addition to the an annual review. Council Groundrules Addition: Council members should General comments were made on groundrules citing too attempt to give at least 24 many or too few could present problems. As an hours' notice, by advising the example, Mayor Dirksen noted the issues experienced by City Manager and the City the City Center Advisory Commission (CCAC), which Recorder of a request to was a topic of discussion at the July 6, 2006, Special City remove a Consent Agenda Council meeting. Councilor Woodruff noted as a result Item for separate discussion. Tigard City Council Meeting Minutes -July 11, 2006 Page 1 Agenda Item Discussion & Comments Action Items follow u of the special meeting, some good things will be started This wording change will be such as training for advisory committee people and reflected in the Council providing clarity of staff and liaison roles. Councilor Groundrules for City Council Woodruff said he talked to CCAC member Carl Switzer review and discussion in the who encouraged a City Council member to attend August 15 City Council advisory committee meetings at least once a quarter. workshop meeting. Mayor Dirksen noted he thought the requirement was for the City Council to meet with each of the advisory groups at least once a year. Assistant City Manager Newton said what she thought Councilor Woodruff was saying was for a Council member to attend an advisory committee meeting once a quarter. Mayor Dirksen noted that some task forces, especially ad hoc task forces, have a specific goal and a finite lifespan. Often times a City Council is a member of those committees. Mayor Dirksen asked if there was anything in the City Council groundrules that a Council member would like to have removed or added. Councilor Sherwood said she was still of the opinion that pulling items from the Consent Agenda should be done with at least 24 hours' notice to the rest of the City Council so the members have an opportunity to research or ask questions about the item. Mayor Dirksen said he thought this could be a guideline and asked that City Council members try to do this; however, he said he thought it was too restrictive of the Councilors' powers to say they must give 24 hours' notice. Councilor Harding said that if people had studied the items and if they were willing to support them anyway, then she did not understand why more • time would be needed for study. She said that if more study was needed, then the item could be held over to the next meeting. Mayor Dirksen said that other Councilors might not be aware of the reason why a Council member is asking to have the item removed. Mayor Dirksen said he thought it is a good guideline to try to give advance notice. Councilor Sherwood and Woodruff noted that the Council has a chance to review Consent Agenda items well ahead of time. Mayor Dirksen noted that often items are mundane while others were discussed previously and the Council had reached a consensus. Councilor Harding noted an issue with timely and advance review of City Council minutes. As an example, she referred to a concern she had with the minutes on tonight's agenda regarding the June 13 discussion for a Metro item. Her remarks at that meeting were characterized as pro-Metro, while she refaced her Tigard City Council Meeting Minutes - July 11, 2006 Page 2 Agenda Item Discussion & Comments Action Items follow u comments on this item with a statement that if it were put to a vote to abolish Metro, it would pass hands down. She said she did not have time to listen to the video or review tapes but said she did not think the remarks assigned to her in the meeting minutes for this item reflected her intent. Councilor Harding said if people are researching the public record, the intent could be misunderstood; the speaker's intent needs to be clear. *Policy direction *Discussion followed among City Council members and for Council the City Recorder regarding setting a policy for the meeting minutes. Council meeting minutes. Consensus of the Council was for minutes to be filed electronically with the Council in draft form when the draft is completed. Council members will contact the City Recorder to correct errors, clarify intent, or verify statements with the audio recording. If the draft minutes are edited, the City Recorder will notify the Council members of the proposed changes before scheduling the minutes for approval. The goal will be to have the draft minutes to the Council within two weeks after the meeting date. Minutes will not be verbatim but produced in a summary format; however, if a quote is used, the quotation will be assigned to the Council member who made the statement. Council members decided this should be a policy agreement with the City Recorder rather than adding it to the bylaws. Mayor Dirksen requested further discussion on the Consent Agenda issue. He suggested that as a compromise the Council might consider adding a clause saying that Council members should attempt to provide 24 hours' notice when they want to pull an item from the Consent Agenda. Councilor Woodruff asked how notice would be provided; i.e., a note to the City Manager? Mayor Dirksen said a City Council member could notify the City Manager and the City Recorder. Councilor Sherwood said this would give other members an opportunity to call the Councilor to ask why the item was being pulled. Councilor Harding noted a Councilor might still be researching an item 24 hours in advance of the meeting. Mayor Dirksen said he thought this would be an acceptable response by the City Council member who was investigating an issue. Councilor Harding noted a Consent Agenda item that is coming up where only one bid was received for a project; she noted her concerns that bids are being advertised in a publication that has little readership. This was an example of an item for which she was uncertain when and how it could be addressed. Tigard City Council Meeting Minutes -July 11, 2006 Page 3 Agenda Item Discussion & Comments Action Items follow u Mayor Dirksen said with 24 hours' advance notice many of the issues could be resolved and the item could remain or return to the Consent Agenda. There is always the option when the Consent Agenda is being reviewed that rather than pulling it for discussion that evening, to pull it and table it for consideration or discussion at a future meeting. Councilor Wilson noted some Consent Agenda items are time sensitive and the notice would give staff the chance to alert the City Council that if an item is pulled, there could be consequences. Councilor Wilson and Councilor Sherwood noted support for Mayor Dirksen's proposal regarding the Consent Agenda. (See action/follow up column on Pages 1 and 2 for a summary of the proposed wording.) Study Session - Assistant City Manager Newton reviewed the following Administrative with the Council: Items • Representatives from Tualatin Valley Fire & Rescue will be present. • Two public hearings are on tonight's business meeting agenda. • City Council members will discuss comments to the Washington County Board of Commissioners regarding the proposed Bull Mountain City incorporation. This agenda item is for a discussion among the Council; it is not set up for a public hearing. • Information regarding the City Center Advisory Commission (CCAC) was distributed to the City Council. The CCAC is listed on tonight's business meeting agenda. Mayor Dirksen recalled that last week the City Council asked for background information on boards and commissions in general and, specifically, for the CCAC. Mayor Dirksen said he also requested a list of all the CCAC members. • Interim Community Development Director Coffee advised Lisa Hamilton-Treick requested information on the property the City is purchasing. He said this would not be available to the public until the Council acts on it when scheduled on the agenda. • Interim Community Development Director Coffee directed discussion back to the CCAC item and requested information on what will be before the City Council. Interim Community Development Director Coffee said that it was his understanding that the only item before City Council this evening is to appoint the alternates. The Council is scheduled Tigard City Council Meeting Minutes - July 11, 2006 Page 4 Agenda Item Discussion & Comments Action Items follow u to review on August 15, 2006, the information distributed to the City Council as well as proposed "charge statement, roles /responsibilities, rules of procedure, etc." After discussion, City Council decided it might be able to give direction to staff about preparing the necessary resolution for appointment of an alternate(s) to the CCAC. Mayor Dirksen called members of the CCAC and he will report what he learned from these calls during the business meeting. (See Agenda Item No. 5.) Interim Community Development Director Coffee clarified that the CCAC has started working on rules of procedure and bylaws. Staff will bring this to the City Council for its review along with some alternative ways to proceed. For example, the number of members (preferably an odd number) will need to be determined. Mayor Dirksen said he would like to leave room on the CCAC for either Councilor Sherwood or Councilor Wilson or both if they come off City Council. Interim Community Development Director Coffee suggested that at the August Workshop meeting, the City Council discuss the number it would like to have on the Commission and establish terms. Mayor Dirksen agreed the City Council should look at establishing and staggering terms. The goal for tonight's discussion will be to confirm how the City will proceed with the CCAC. Councilor Woodruff wants to make sure that the discussion reflects that the City Council supports the core group of this committee. He said that we expect them to go forward and we will provide them with more information over the next few weeks. He said he did not want them to come away feeling as if they are a "lame duck" group, are not fully invested, or do not have the support of the City Council. Councilor Wilson noted there is also the question of the CCAC's authority; i.e., do they direct staff or advise City Council. Interim Community Development Director Coffee said the basic concept is that the CCAC advises the City Center Development Agency. This means the CCAC does not direct staff or consultants; their focus is to be on policy. Councilor Harding asked if anyone has checked with the National League of Cities to determine if there is a "boilerplate" format for Tigard City Council Meeting Minutes -July 11, 2006 Page 5 Agenda Item Discussion & Comments Action Items follow u different types of committees. Interim Community Development Director Coffee agreed staff will review this type of information; but the basic question is whether this group is to address policy or administration. Interim Community Development Director Coffee said there were people on the CCAC who believed they had a direct line to the City Council; they should be directing staff and the consultants hired by the staff. It is important to have roles and responsibilities clarified for future members. Assistant City Manager Newton advised work is being done to clarify staff liaison roles Study Session concluded at 7:15 p.m. Business Meeting 1.1 Mayor Dirksen called the City Council and the Local Contract Review Board to Order at 7:32 p.m. 1.2 Council Present: Mayor Dirksen, Councilors Harding, Sherwood, Wilson, and Woodruff. 1.3 Pledge of Allegiance 1.4 Council Communications & Liaison Reports: Councilor Harding advised that the July 10, 2006, Washington County Coordinating Committee meeting was cancelled. It has been rescheduled for Monday, July 17, 2006, at noon, on the second floor of Beaverton City Hall. The Washington County gas tax will be discussed. 1.5 Call to Council and Staff for Non-Agenda Items: Assistant City Manager Newton reported staff would like to add consideration of a property sale agreement. (See Agenda Item No. 10) 2. Citizen Mayor Dirksen called for citizen communications for Communications individuals who would like to speak to the Council on an issue that is not on the agenda this evening. • Jeanette Slepian, 16020 SW 1461h Avenue, Tigard, OR 97224 signed in; however, she was not present during the Citizen Communications portion of the agenda. Lisa Hamilton-Treick addressed the Mayor and said she thought this was a misunderstandin ; she believed Ms. Tigard City Council Meeting Minutes -July 11, 2006 Page 6 Agenda Item Discussion & Comments Action Items follow u Slepian signed up to speak on Agenda Item No. 7. Mayor Dirksen clarified this is Agenda Item No. 8: Comments to Washington County Commissioners regarding proposed Bull Mountain Incorporation. The Mayor advised that this item is not a public hearing; it is the Council review of the comments prepared for the public hearing at the County Commission's meeting on July 25. The purpose is to provide confirmation that the City Council is in agreement with the testimony before that meeting. • Lisa Hamilton-Treick, 13565 SW Beef Bend Road in the unincorporated area of Bull Mountain noted her concerns with the procedure for tonight's meeting. She said she was unclear when they would have the opportunity to comment and also was concerned about a map showing Tigard-owned properties within the proposed new incorporated City of Bull Mountain. She said there was still some information left off the map. Ms. Hamilton-Treick asked when those in the area most affected by the City Council's discussion tonight would have an opportunity to comment. Mayor Dirksen noted the comments regarding the incorporation were drafted as the Council prepares its position and comments for the public hearing that the County Commission will have on July 25. Other than the fact that the Council will discuss this matter in public, the Council's position will be made public at that hearing. There might be changes to the comments; however, he assumed the City Council would try to finalize the comments this evening. Ms. Hamilton-Treick asked if there would be no opportunity for anyone to comment on Agenda Item No. 8 tonight. She said she thinks this is in conflict with the published information regarding whether someone wishes to comment on an agenda item. Mayor Dirksen clarified the opportunity to comment is for an item not on the agenda. The public comment period, which is usually Agenda Item No. 2, for an opportunity for citizens to bring an issue u before City Council that is not on the Tigard City Council Meeting Minutes -July 11, 2006 Page 7 Agenda Item Discussion & Comments Action Items follow u Agenda. Ms. Hamilton-Treick asked that when there are agenda items, does the public generally have an opportunity to comment on any agenda item. Mayor Dirksen confirmed that public can comment if the item is scheduled as a public hearing. Ms. Hamilton-Treick said there is a problem because the City Council is going to be discussing things tonight for the first time in public. Many Executive Sessions have gone on with the Tigard City Council and at least one or two Intergovernmental Water Board meetings including one with the Tigard Water District. She said that these things all play into one another. She said that tomorrow night the Menlor Reservoir motion will be proposed to annex that parcel. She said they could not look at these parcels individually. This is something that significantly impacts them. She said this is the first time she has seen this information on an agenda in front of the public and no one can comment. Mayor Dirksen said the Business Meeting provides an opportunity for the City Council members to discuss, among themselves, what they are going to do. Public meeting law says that all those meetings must be open to the public, which means the public can be present and hear what is said and see what is done. Ms. Hamilton-Treick says she feels shut out of a very important process. She commented that the process was not fair and noted maps would not be made available tonight for the public until 9:30 p.m. tonight. She said she sees an error on the map. She added that comments were made in the newspaper today that were erroneous. This is critical information and she said she did not feel that people who live in the incorporated boundaries and Tigard citizens are getting "a fair shake." There is information critical to "this process" that is not being made available. She said she was really sorry to hear that this is "your position" and is surprised, shocked, and disappointed. Councilor Woodruff advised that the Tigard City Council will not be making the final decision about the boundary. There will be an opportunity fora public hearing before the Tigard City Council Meeting Minutes - July 11, 2006 Page 8 Agenda Item Discussion & Comments Action Items follow u group that will be making that final decision; that's where there will be an opportunity for every interested party to come forward and make their position known. The Tigard Council will have a position at that hearing as well, "just as you and whoever else may be interested.... If we were making the final decision on what your concerns are, then I can see your point. But, we are just forming our own opinion of what to present to the body that is going to make that final decision. You are going to have equal standing there just as we are." Ms. Hamilton-Treick asked if she could rest assured that prior to Washington County making a decision whether or not to place incorporation on the ballot that the City Council will not be involved in any permanent decisions that affect "our" boundary before that decision is made. She said the Intergovernmental Water Board is already poised to make a decision tomorrow night and she said she was concerned about the process. Councilor Woodruff said, "The five us who are sitting on this side of the table are charged with representing the people who elected us, the residents of Tigard. So, we need to make decisions that we think are in the best interests of the residents of Tigard. There is no set boundary yet. There is a city limits boundary and there is an unincorporated boundary. We continue to make decisions about what we think is in the best interests of the City of Tigard. You are going to present issues that you think are in the best interests of the people that you represent. I don't think you are being shut out; we are not doing anything different than we have done before. If we have opportunities to expand in an annexation kind of way, we are going to continue to do that as it meets the letter of the law and until that is no longer available to us." Ms. Hamilton-Treick asked if she understood that the City of Tigard would pursue annexation of unincorporated Bull Mountain until the day of incorporation. If the incorporation fails, the City of Tigard will begin annexing again? Councilor Woodruff said it would be no different than it has always been. Tigard City Council Meeting Minutes - July 11, 2006 Page 9 Agenda Item Discussion & Comments Action Items follow u Councilor Wilson said he thinks the position that the City of Tigard will represent to the County is quite similar to what the Council has already said in public. He said, "We are not trying to ambush anybody ...I think we have always had certain interests at heart, and you know what they are. I think we have been... consistent." Ms. Hamilton-Treick said that "As a resident of unincorporated Bull Mountain ...my community and those are the ones affected by your decisions should be left alone until the people there decide whether or not that works for them. And, if it doesn't work for them, then it sounds like the City of Tigard - well either way - it sounds like the City of Tigard will continue to pursue annexation of Bull Mountain until the day it is incorporated. If it's not incorporated, you will continue to pursue annexation in unincorporated Bull Mountain, even though 90 percent of the people there said, `No thank you,' two and one-half years ago." Mayor Dirksen said that every annexation that the City has done has been at the request of the people who own the property. Ms. Hamilton- Treick said she would prefer not to get into that discussion; "we have a different way" of looking at the documentation. Councilor Woodruff noted that Ms. Hamilton- Treick was present when the Council had discussions about how active the City of Tigard wanted to be in annexation. The City said it would not be aggressive in annexation; the city would not annex roads or cherry-stem - but the City would continue to annex those areas that requested annexation, were contiguous to the City of Tigard, or property that we owned. He said he did not think this was any different than it has ever been. The question the people might consider on whether to form the new city does not change the goals and efforts of the City of Tigard to pursue what is in the best interest of the City of Tigard - "the people that elected us." Ms. Hamilton-Treick said it appears there is a Tigard City Council Meeting Minutes - July 11, 2006 Page 10 enda Item Discussion & Comments Action Items follow u difference of opinion in terms of definition of the word "oppose." She said, We sat here before you on June 26 (City Recorder's note: this date should be June 27) and heard three or four of the Councilors and the Mayor say that you were not going to oppose this effort, that you thought that this was viable, that it was the next best thing to being part of the City of Tigard and we took that as a vote of support and that you weren't going to step in front of our effort ...We are within two weeks of the first public hearing in Washington County. We are six or seven weeks out from having gathered nearly 800 signatures over a three-day weekend... asking that this go on the ballot with the very map that is currently proposed now for our boundary. And, you are a few weeks before that, wanting to take many acres that are not all owned by the City of Tigard or the Tigard Water District. There is a lot of property there that is not owned by the City or the Tigard Water District, contrary to the comments in the newspaper today. And, you are proposing to take another big bite out of the community that we have worked so hard for seven months to give an opportunity to vote on the boundary. And, now you want to take that out within just a few weeks of the County's decision. And, "I don't think that is very neighborly." City Attorney Ramis reviewed a couple of points from a legal context. When someone approaches the City and petitions for annexation, the City Council is obligated to hear the case. The City Council cannot decline to consider an annexation request because it agrees boundaries should be left alone. In hearing the case, the City Council would have to make the decision under the criteria that applies, which includes the City's adopted policy to have annexations in those areas. Even if the City Council was inclined to agree with someone that the City should have a hiatus in applications, the City Council would need to do some things legally that do not exist now to carry that out; there is an obligation in this case. Mayor Dirksen said he understood that Ms. Hamilton-Treick has her group. He said, "Your group is, to some extent, at cross purposes and has been over a period of time. While, as we Tigard City Council Meeting Minutes - July 11, 2006 Page 11 Agenda Item Discussion & Comments Action Items follow u said, we are supportive of the idea of the Bull Mountain area incorporating under the right conditions, we said that we had some issues and concerns with the plan as it existed. One of those concerns was the issue of boundary with regard to City-owned properties. The City will be bringing this up before the County Commissioners at the public hearing. At that public hearing, we will have an opportunity to state our case and you will have an opportunity to state yours as will others." Ms. Hamilton-Treick said she would like to see status quo maintained until those public hearings are finished. Mayor Dirksen said he could understand why she would wish the status quo maintained, but he said he did not believe it was in the best interests of the citizens of Tigard. Ms. Hamilton-Treick said, "I guess that kind of explains why the folks on Bull Mountain and the folks ...in the leadership of the City of Tigard just have had such a hard time being able to talk things through....I'm really sorry ...I have tried many times to try to sit down and figure out how to make it work ...this is just to me one more reason." Ms. Hamilton-Treick said that in terms of the process this evening, I found this very confusing and she would have appreciated seeing the map. She said she would like to see the document Council is viewing be corrected as she has already mentioned to Interim Community Development Director Coffee that the Council met with the Friends of Bull Mountain on "June 26" (City Recorder's Note: this date should be "June 27"). Ms. Hamilton-Treick said this new information significantly impacts residents in the unincorporated Bull Mountain area. Discussion followed. The position to be represented to the Washington County Board of Commissioners does not differ from what the Tigard City Council has said publicly all along. In response to a question from Ms. Han- lton-Treick, Councilor Woodruff said the Council position will continue to be to consider annexation of properties when the property owner requests annexation. City Attorney Ramis added that, in fact, the City Council is obligated to hear the case for annexation when Tigard City Council Meeting Minutes - July 11, 2006 Page 12 0 Agenda Item Discussion & Comments Action Items follow u such a request is made. Ms. Hamilton-Treick reiterated her disappointment in the process and the change in the boundaries when it is so close to possibly going out to a vote. Mayor Dirksen noted the Tigard City Council must continue to represent the citizens who voted for them. Madeline Utz, 14880 SW 133,4 Avenue, Tigard, OR advised she served for many years as a volunteer to the Tigard Library and was on the Library Board even though she lived in the Bull Mountain unincorporated area. She noted working on starting the Friends of the Library and the campaign for the first new Library. At that time, City of Tigard did not care where one lived; they were happy "for all of our efforts." She referred to the Washington County Cooperative Library Service and a reciprocal agreement with two other counties for library use. She said that Durham, King City, and Aloha do not have their own libraries and they are using other cities' libraries. She said she cannot understand why it is such an issue for Bull Mountain residents to use the Tigard Library. She said she is tired of hearing that Bull Mountain residents should not be using the library. She said that because of the high assessed values of properties on Bull Mountain, the residents there are paying a good share of the operating costs. Mayor Dirksen responded to Ms. Utz, noting that the City's calculation is that about 30 percent of the City's operating budget comes from the County levy; 70 percent from the City's budget. City residents also pay the County tax as do the incorporated residents. People who live in the Bull Mountain area, which is part of the City's service area as defined by WCCLS, contribute about 9 percent of the operating revenue; however, the Bull Mountain area represents 20 percent of the users of the library. Mayor Dirksen in response to a comment from Ms. Utz, clarified that he does not resent people from Bull Mountain using the Library, but did wish they paid the same amount of tax as City residents. Ms. Utz suggested Tigard negotiate with WCCLS for additional funding from the unincorporated area. She noted she now uses the City of Lake Oswego Library because she feels unwelcome in Tigard. Mayor Dirksen responded that no one should feel Tigard City Council Meeting Minutes - July 11, 2006 Page 13 Agenda Item Discussion & Comments Action Items follow u unwelcome to use the Library since no individual is responsible for the circumstance. The circumstance exists only because of the way things are set up right now, which the City doesn't think is appropriate any longer. When the population of Bull Mountain was relatively low, the impact was low. The area has continued to develop, which means increased impact on facilities. Ms. Utz noted at one time there had been a fee charged for out-of-district cards in Multnomah County and, perhaps, the City of Tigard should explore this with the Cooperative. 3. Consent 3.1 Approve Council Minutes for June 13, 2006 Motion by Councilor Wilson, Agenda 3.2 Receive and File: seconded by Councilor a. Council Calendar Sherwood, to adopt the b. Tentative Agenda Consent Agenda. 3.3 Approve an Annual Merit Pay Adjustment for the City Manager The motion was approved by a majority vote of Council Present. Mayor Dirksen Yes Councilor Harding No Councilor Sherwood Yes Councilor Wilson Yes Councilor Woodruff Yes 4. Tualatin Valley Public Works Director KoeUermeier introduced TVF&R Fire and Rescue Assistant Chief Paul LeSage. Assistant Chief LeSage (TVF&R) presented information regarding how their organization Deployment deals with deployment and how this affects a new Report station. Assistant Captain LeSage reviewed data used to site fire stations in urban areas including standards for response times, density, access and terrain (i.e., steepness and wooded areas near homes). Assistant Captain LeSage noted each speed hump adds seven seconds to response time. Tigard will begin using speed cushions (rather than speed humps) for traffic calming, which are better for emergency vehicles. The City of Tigard qualifies for the highest level of emergency resources. Assistant Captain LeSage described TVF&R services when responding to an emergency including staffing and resources needed, performance levels, reliability, and peak activity challenges. Tigard City Council Meeting Minutes - July 11, 2006 Page 14 Agenda Item Discussion & Comments Action Items follow u A new fire station will be deployed in Tigard, located on Walnut Street, near Gaarde Street. This new 9600 square foot station will also have a community room available for public use. Councilor Sherwood noted her appreciation for the annual information-sharing meetings with TVF&R. Councilor Harding suggested a campaign reminding the public to pull over when emergency vehicles lights and sirens are activated. 5. Discuss City Interim Community Development Director Coffee Discussion on the CCAC will Center Advisory reviewed recent Council discussions regarding the continue at the City Council Commission CCAC. The purpose of tonight's discussion is for the workshop meeting on August (CCAC) Council to review what the City Council intends to do in 15, 2006. terms of the future of the CCAC regarding membership and to decide whether to devote time at the City Council A resolution appointing a new Workshop meeting of August 15 to set out the roles, member to the CCAC will be responsibilities, membership, rules and procedures of presented for City Council the CCAC. consideration on July 18, pending the Mayor's direction Mayor Dirksen requested that the City Council discuss after talking to the two the composition of the CCAC in the near future and alternate members. then what is needed to be done, if anything, in the future for the CCAC. He opened this topic up for general Council discussion. Councilor Woodruff said he thought it was a good process to give everyone on the CCAC an opportunity to provide some perspective as was discussed at the Special Council meeting last Thursday evening. He was hopeful that the City could move ahead with the current CCAC membership with the addition of one or two alternates. Councilor Woodruff referred to the large amount of work for this group. It is important that the CCAC receives a clear mandate from the City Council to move ahead while recognizing there is more work that the City Council needs to do to help the Commission over the next few months. He said he would not want to see a hiatus in the work the CCAC is doing or for the members to receive the message that the City Council is not supportive of the group to move ahead. Councilor Sherwood noted the concerns expressed that the City Council wanted local business people from the downtown area be represented on the CCAC. Mayor Dirksen said City Council had asked him to contact the members of the CCAC who had tendered their resignations and to offer them the opportunity to reconsider their resignation. Mayor Dirksen said he was Tigard City Council Meeting Minutes - July 11, 2006 Page 15 Agenda Item Discussion & Comments Action Items follow u able to talk with three of the four members who had resigned and all three said they are not interested in reconsidering their resignation. However, all three expressed a desire to continue to be involved as private citizens and property owners. At some point in the future, they might reconsider coming back on the CCAC. Mayor Dirksen noted that the current membership is nine, not counting the alternate position. He noted Councilor Wilson and Councilor Sherwood have indicated they probably would not run for reelection and will be going off of the City Council at the end of this year. Mayor Dirksen said he would like to see one or perhaps both of them on the Commission at some point in the future. He said he would be in favor of reserving a position within whatever number is decided upon as a final number of members on the CCAC. Mayor Dirksen said the City Council has discussed that they would like to come up with clear guidelines, a mandate, and operating bylaws for the CCAC (i.e., number of members, term lengths). Perhaps additional members could be considered at the end of the year. Councilor Wilson said he was very interested in what is happening in the downtown; however, in his experience with boards and committees, it is important to have defined terms as well as a formal way to remove individuals who find that they cannot attend meetings. . As an example, the Planning Commission's bylaws have a provision to remove members who are chronically absent. He added that it is important to maintain continuity of membership, have an odd number of members, and for the committee to not be too big. He said he wasn't sure he supported holding a position open for either him or Councilor Sherwood, especially if there are alternates who have been serving on the CCAC. He said it was likely that members will drop off either voluntarily or lose interest. He would rather wait for an opportunity to serve on the CCAC and apply as anyone else would be required to do. Councilor Sherwood advised she agreed with Councilor Wilson. Councilor Harding said Councilor Wilson's point was well taken and all committee members need to be recognized for the contributions they make. She noted the City relies on its committees and task forces. Councilor Sherwood said a lot of time and energy has been invested in the downtown effort as a lot of other things were also happening. She said she would like to Tigard City Council Meeting Minutes - July 11, 2006 Page 16 Agenda Item Discussion & Comments Action Items follow u apply for service on this committee as others would be required to do. Councilor Harding asked if the chairperson of the Committee needed to be a resident of the City noting this is a requirement for some of the other City committees. She suggested the City Council review this. She also noted there are people who serve on the committee who are business owners, but not property owners. What demographic does the City want of this advisory commission as they are asked to bring in the opinion of the citizenry so the City Council can make decisions based on what is in the greater good for the whole community. Councilor Sherwood noted she belongs to a number of boards and commissions. Nothing ever stays the same as people come and go. New members will have different ideas and levels of energy. Councilor Sherwood commented that these types of groups are always in a "change mode." This group will change as new members are appointed and as new ideas are introduced. Councilor Harding said she would like to see an individual appointed to represent business owners, another representing downtown property owners, an aging/elderly population representative, and a transportation representative; that is, widespread demographics to present a broad-based picture of what needs to be addressed. Mayor Dirksen noted details will need to be discussed in the next few months. Mayor Dirksen asked if Councilor Harding was interested in having positions on the CCAC identified to represent a certain section of the community; i.e., Position No. 1 must be from the business community. She said yes, or if they are not from the business community, it is something they have a passion for or an interest in and this is the group of people they will connect with to bring those opinions to the City Council. Mayor Dirksen noted another City Board with a similar format - the Building Appeals Board. Councilor Harding said the City Council should not be afraid of controversy or different opinions; the Chair should have the support of the City Council and the ability to put everything on the table for discussion. She noted that if the group was large enough, perhaps there could be subcommittees to review special items that need to be addressed. She noted the great amount of talent in the community. She said a committee needs Tigard City Council Meeting Minutes - July 11, 2006 Page 17 Agenda Item Discussion & Comments Action Items follow u to have latitude to perform their function. Mayor Dirksen agreed with Councilor Harding noting that when a group, such as the CCAC is formed, they need to be given a task and then be allowed to do it. In response to a question from Mayor Dirksen regarding what should be done to go forward at this point, Councilor Sherwood suggested that staff prepare materials for City Council review at the August 15 Council Workshop meeting. Interim Community Development Director Coffee clarified that there are now eight members on the Commission. Mayor Dirksen suggested that in order to have an odd number of members on the Commission, that one of the alternates be appointed. The Mayor will contact the two alternates to determine who would be interested in serving on the Commission. Commission Alternate Craghead has expressed a desire to serve on the Commission. The Mayor said the other alternate Ralph Hughes, appears to be interested in retaining his alternate status. Mayor Dirksen said he would contact both Mr. Craghead and Mr. Hughes to confirm their wishes with regard to service on the Commission. Interim Community Development Director Coffee said staff would prepare a resolution for appointment of an alternate to the Commission pending the Mayor's direction. Assistant City Manager Newton advised staff might be able to place this on next week's agenda for City Council consideration. Councilor Woodruff commented there had been some discussion about starting over again with the CCAC membership. He said it is important that this message is not conveyed and that the current group has the support of the City Council to maintain the core group of people who have demonstrated their commitment to the process and that the group would "grow from there." Mayor Dirksen agreed with Councilor Woodruff. Mayor Dirksen noted in a recent meeting of the CCAC, there was an opinion expressed regarding a belief that the membership of the present Commission was interim and when the bylaw issues are resolved, then the "real" Commissioners would be chosen. Mayor Dirksen said, "I want to make it very clear there was never an intent to do that ...The people that are there are there because we have confidence in them and want them to move forward..." Councilor Harding encouraged those on CCAC that if there is a particular area or demographic that the are passionate about, to let the City Council Tigard City Council Meeting Minutes - July 11, 2006 Page 18 Agenda Item Discussion & Comments Action Items follow u know. Also advise the Council if there are other demographics that should be represented; i.e., affordable housing. 6. Public Hearing Mayor Dirksen said he had been advised that Item Nos. Motion by Councilor (Legislative) - 6 and 7 could be conducted as a single public hearing. Sherwood, seconded by Entryway Sign City Attorney Ramis clarified each ordinance must be Councilor Harding, to adopt Code Amendment considered separately. Ordinance No. 06-09. (DCA 2006-00001) Mayor Dirksen opened the public hearing. The motion was approved by a and unanimous vote of Council Mayor Dirksen asked if any member of Council wished present. 7. Public Hearing to declare or discuss a conflict of interest or advise of (Legislative) - abstention. There were no declarations. Mayor Dirksen Yes Incidental Uses in Councilor Harding Yes Cultural Interim Community Development Director Coffee Councilor Sherwood Yes Institutions Code introduced Associate Planner Farrelly who presented the Councilor Wilson Yes Amendment staff report on two proposed legislative changes. Councilor Woodruff Yes (DCA 2006-00002) The first proposal was for a Development Code Amendment on Entryway signs. He gave the Item No. 7 was continued to background on the new City of Tigard logo and, as part August 8, 2006. of this effort, the City is considering installing signs with a new logo along roads at key entry points into the City. A review of the Tigard Development Code revealed that there is no provision for this type of sign. The proposed amendment would add a definition of "entryway signs." Associate Planner Farrelly reviewed the key findings: • Signs would be erected at major points into the City. • Because there is a small number of sites where this type of sign could be located, it would be unlikely that a sign of this type would add to excessive sign clutter. • Staff finds the proposed Development Code Amendment meets applicable review criteria and all required procedures have been followed for notification of agencies and the public. • On June 5, the Tigard Planning Commission held a public meeting and recommended approval by a favorable vote (5 yes, 1 no, 1 abstention). Councilor Wilson said he was surprised because almost every subdivision has a monument-type of sign. He said he did not think that what the City would be doing would be any larger than some of these signs. He wondered why this code amendment was necessary. Interim Community Development Director Coffee said that his recollection was that subdivision monument signs are art of the subdivision approval. These Tigard City Council Meeting Minutes - July 11, 2006 Page 19 Agenda Item Discussion & Comments Action Items follow u entryway signs would not qualify for a "subdivision," which is why a special sign category is being proposed as part of the sign code. Public Testimony: None Councilor Wilson asked if there was any prohibition for lighting these signs. Associate Planner Farrelly said, "No." There was no further discussion on this item by the City Council. City Council considered the proposed ordinance: ORDINANCE NO. 06-09 - AN ORDINANCE AMENDING THE LANGUAGE OF THE CITY OF TIGARD COMMUNITY DEVELOPMENT CODE, CHAPTER 18.780, TO CREATE A NEW "ENTRYWAY SIGN" CATEGORY, AND TO ALLOW ENTRYWAY SIGNS IN ALL ZONING DISTRICTS (DCA 2006-00001) Mayor Dirksen advised that Council was now considering Agenda Item No. 7, which was a public hearing regarding Incidental Uses in Cultural Institutions Code Amendment: Associate Planner Farrelly advised that this Code Amendment would allow incidental and subordinate commercial uses such as a gift shop, bookstore, or limited food and drink services in cultural institutions. As background, Associate Planner Farrelly noted the Tigard Public Library was designed with a lobby space for a cafe, offering limited food and beverages to Library patrons and people attending events at the Community Room. However, eating and drinking establishments are not permitted in the R-12 zone where the Library is located. The proposed amendment would clarify the standing of this cafe and any future similar situations by allowing incidental and subordinate uses in cultural institutions. Associate Planner Farrelly said the proposal would also create a new sign classification: "Cultural Institution Auxiliary Signs" that would allow the subordinate use to have appropriate signage that is strictly limited in size and placement. Associate Planner Farrelly reviewed key findings: • Allowing incidental and subordinate uses would be Tigard City Council Meeting Minutes - July 11, 2006 Page 20 enda Item Discussion & Comments Action Items follow u beneficial to the institutions and community by allowing convenient services for patrons as well as a supplemental income for public and non-profit cultural entities. • The externalities associated with commercial uses, such as traffic, are unlikely to be an issue because these uses will primarily serve patrons of the institutions. • The proposal for the auxiliary signs is consistent with the stated purpose of the sign chapter. • Signs will likely be unobtrusive since the proposal has a limit of one sign with an area of four square feet per sign face. • The sign must either be within an existing freestanding sign or, if it is a wall sign, it must be consistent in structure and materials with any existing wall sign on the cultural institution. Associate Planner Farrelly said the staff finds the proposed amendment meets all the applicable review criteria. All notification procedures have been followed. On June 5, the Tigard Planning Commission held a public hearing on the proposed changes. The Planning Commission recommended approval by a unanimous vote. Staff recommended the proposed ordinance be adopted. Mayor Dirksen said he appreciated the phrasing of the ordinance for the way it will allow some appropriate signage but at the same time restrict it in such a way that it would not be inappropriate. Councilor Wilson said he was concerned. He noted that $90,000 was spent for the coffee bar. "Everybody wanted one...we found a good vendor and tried to make it work and it just wasn't enough." He questioned whether the sign would make the difference for the vendor and was not sure that it would. Councilor Wilson said if the intent is to give them a little boost then it truly isn't just the Library patrons who will make it work - people must be drawn off of Hall. If this is going to be accomplished by means of a sign, then it needs to be readable. He questioned whether the proposal was enough to be helpful. Interim Community Development Director Coffee noted staff tried to be more restrictive because the use is not located in a commercial zone and the intent is for the use to be incidental. The did not want the coffee Tigard City Council Meeting Minutes -July 11, 2006 Page 21 Agenda Item Discussion & Comments Action Items follow u shop sign competing with the principal sign (Tigard Library). A properly designed logo could complement the wall in the library within the criteria. Councilor Wilson asked if the vendor could use their own brand colors. Interim Community Development Director Coffee said he thought if the colors were in the vendor's logo, it would be all right. Councilor Woodruff asked if there were vendors who were willing to "give it a go"? Assistant City Manager Newton said it was her understanding Purchasing is working on obtaining proposals. Mayor Dirksen asked if interested vendors have commented on the proposed amendments. Councilor Wilson said he would prefer to wait to make a decision on this amendment until comments are received from potential vendors. Councilor Wilson said it's possible the coffee shop patrons might not even visit the Library. He noted the volume of traffic on Hall in the mornings. Councilor Harding said the Library is not open at that time of day. She commented that the cost for the coffee area was $95,000 and was something that people had asked for. She said putting a sign in of any kind will cheapen that area. She noted efforts to keep the library building "as gentle with the landscape as possible because of the wetlands." She said the Library has a large amount of publicity and public traffic. If a coffee shop cannot be successful, then it might be because it isn't open for early morning hours, while the Library is open limited hours. Vendors should realize that this will not be a "great big huge profiting" venture for any vendor because of the hours and the scope. Councilor Harding said it might be necessary to reevaluate whether this is the highest and best use of the Library's lobby. She noted issues with the acoustics, which doesn't lend itself to people wanting to sit and chat. She noted that it is nice to have a vendor on site to cater meetings. She said the lobby might be used for something else to help communicate to the community about what the City represents; i.e., what is happening at City Hall regarding Council goals. Councilor Wilson said he wasn't sure why the coffee vendor couldn't be open when the Library is closed. Interim Community Development Director Coffee noted the previous vendor was opening a half hour before the Library in the morning, so it is possible to have different hours. Councilor Wilson said he doesn't think that the vendor sign would detract from the Libra and would like to explore what it would take for Tigard City Council Meeting Minutes - July 11, 2006 Page 22 Agenda Item Discussion & Comments Action Items follow u a vendor to make a go of it, including having hours different from the Library. Assistant City Manager Newton said staff will get a comment from a potential vendor about the proposed amendment. Councilor Harding noted it might be good to consider an expanded operations; i.e., a "regular cafe." Discussion followed with Interim Community Development Director Coffee reminding the City Council that the base zone in the area is residential. The proposed language acknowledges that the small, limited, and incidental commercial use is allowed in a residential cultural institution and states what type of sign is allowable. Councilor Woodruff said he agreed with Councilor Wilson in that if the purpose is to have a service that is a convenience for Library patrons and also attract a vendor, then there should be a conversation with potential vendors regarding what it would take to enter into an agreement to provide the service. If the purpose is to change this to help a vendor be successful, then it seems as if it should be discussed with potential vendors. Councilor Wilson said the issue might be something that hasn't been thought of such as lighting or posting hours. Mayor Dirksen said since there is no need to hurry this item, he would prefer to wait to make a decision on the proposed amendment so that staff can obtain more information. Councilor Harding suggested getting information from the previous vendor about revenue and future revenue predictions. Interim Community Development Director Coffee noted there is policy about commercial and cultural signage. Perhaps the City will have a performing arts center some day or a non- profit organization that would like a gift shop; therefore, the decision will affect more than just the Library. Mayor Dirksen and Assistant City Manager Newton noted there is a gift shop in the Senior Center. In response to a question from Councilor Sherwood, Interim Community Development Director Coffee confirmed that Ordinance No. 06-09 will go into effect even though the hearing is being left open to consider the proposed amendment to the sign code. Consensus of Council was to continue the hearing to August 8, 2006. Tigard City Council Meeting Minutes - July 11, 2006 Page 23 Agenda Item Discussion & Comments Action Items follow u 8. Comments to Mayor announced the Council's consideration of this Mayor Dirksen confirmed that Washington agenda item. Jeanette Slepian addressed the Mayor Council direction to staff is to County advising she was present to make a comment on this prepare a letter to the Commissioners agenda item, pursuant to the public notice on display Commissioners outlining the Regarding announcing this meeting. She referred to wording issues presented in the memo Proposed Bull saying that anyone wishing to speak on an agenda item prepared by Interim Mountain should sign the appropriate sign-in sheet. She said she Community Development Incorporation signed the appropriate sign-in sheet at 7:15 p.m. She Director Coffee with the said that "if you fail to recognize my signing that sign-up amendments as discussed sheet, it also advises citizens that we should asked to be tonight. This letter will be sent recognized by the Mayor at the beginning of that agenda to the Commission in advance item." She said that per the instructions of the public of their hearing. Consensus of notice she was asking to be recognized. Council was that the Mayor review and sign the letter. City Attorney Ramis advised that Agenda Item No. 8 was not on the agenda as a public hearing item; therefore, the City Council has no obligation to take testimony. He said he disagreed with Ms. Slepian's analysis of the statement on the agenda regarding allowing people to speak. Ms. Slepian said she is also an attorney; the agenda does not state that one can only speak if it calls for a public hearing. City Attorney Ramis clarified that under Oregon's public meeting, the Council is obligated to have a hearing where people can observe the City Council discussing items. Public testimony is required where the City Council has so designated on the Agenda. Ms. Slepian asked if she was being denied the right to speak. She said she came to the meeting expressly pursuant to the notice. Assistant City Manager Newton explained that the agenda asks for individuals to sign in on the appropriate sign-in sheet. Ms. Newton advised Ms. Slepian she signed up to speak on Agenda Item No. 2, Citizen Communications. Ms. Slepian's name was called. The Citizen Communications sign up sheet is for people who want to testify on an item that is not scheduled on the agenda. There is no sign up sheet for Agenda Item No. 8 because it is not a public hearing and the City Council is not taking public comment on that item. City Attorney Ramis said that "our" process is that anyone may at any time ask to be recognized by the Mayor, which is what has happened here. The obligation, however, to hear a person is only on those items that have been scheduled as public hearing. "So, a person can ask, but it is not guaranteed that they will be recognized for testimony." Ms. Sle ian said, "So, I am asking, are you going to ant Tigard City Council Meeting Minutes - July 11, 2006 Page 24 Agenda Item Discussion & Comments Action Items follow u my ability to be heard, or are you denying the ability to speak." Mayor Dirksen said he would first like to hear the staff presentation. Once that has been done, the Mayor said he would ask the City Council for comment and at that time, he will ask the Council members if they would be interested in taking public comment. Ms. Slepian said her comment was relevant to the fact that staff comments were being made to give to the Washington County Commissioners without the input of a public hearing. As elected public officials this was a critically, vital community issue and she would hope the City Council would want to solicit public comment prior to eliciting comment from staff and reporting it at the City Council meeting. She said she would hope the City Council would want to hear from constituents affected by such a vital issue. Mayor Dirksen said he would appreciate it if Ms. Slepian had further comments that she would hold them until she was recognized and he asked her to take a seat in the gallery. The Mayor said the Council would proceed with this item and, at the appropriate time, the Council would discuss whether public comment is appropriate. Ms. Slepian asked if she would be recognized later. Mayor Dirksen said he cannot promise her that she would be allowed to speak, but did promise that the City Council would discuss the issue. Interim Community Development Director Coffee referred to a memo he prepared which attempts to summarize the comments and observations the Council has made over the past month or two in various meetings discussing proposed incorporation and the Council's potential and planned participation in the Washington County hearing on July 25. Interim Community Development Director Coffee said that earlier this evening, Lisa Hamilton-Treick mentioned he would make a correction to the memorandum. In the memorandum he discussed the workshop that the City Council had was on June 21%t, and it was actually on June 20. He said the Bull Mountain Citizens for Incorporation were invited by letter from the Mayor. The people who attended that June 21 meeting indicated they would be prefer to be recognized as the "Friends of Bull Mountain." Interim Community Development Director Coffee said the memo points out that the City Council has no intention of raising procedural objections to the incorporation process. For example, currently the Tigard City Council Meeting Minutes -July 11, 2006 Page 25 Agenda Item Discussion & Comments Action Items follow u Urban Planning Area Agreement with Washington County and the City of Tigard indicates that the City would be the ultimate provider of services in that area. Washington County has requested that the City consider an amendment to that Urban Planning Area Agreement that indicates that if a city is incorporated within that unincorporated area, the City and County would amend the agreement to exclude the City of Tigard. Those are the kinds of procedural things that the City of Tigard has indicated they intend to go along with or approve. If the City didn't do that, it might be a basis for objecting to the new City. Interim Community Development Director Coffee said the City staff reviewed the Economic Feasibility report for the proposed City and provided the City Council with comments and issues raised by that study at the workshop. The Council has indicated that those are reasonable questions or issues to raise at the County level. The consultant for the Bull Mountain Economic Feasibility Study appeared before the City Council and raised concerns about the balanced nature of the Tigard staff's report and whether the staff should have looked into more positive aspects of the new city. Staff could have done that, but the staff was concerned about where there is potential for concern on how the City of Tigard could be affected. Interim Community Development Director Coffee noted the City Council indicated they were particularly concerned about potential adverse affects of the City of Bull Mountain on City services: parks, police, and library. These are concerns where the City would want to make comments to the County. Interim Community Development Director Coffee referred to the issue of logical boundaries. The State indicates that the City of Tigard can comment on this to the County Commissioners as the proposed City is considered for formation. In the report, staff described an area that the City Council has talked about, requesting that it be excluded from the proposed city. Maps were provided tonight showing that area. Staff understands the City to be interested in indicating to the County that we request those areas be excluded from the proposed city. The above represents the four areas discussed by the City Council with regard to preliminary findings before the City makes comments to the County. The memo is intended to either confirm those four areas of concern Tigard City Council Meeting Minutes -July 11, 2006 Page 26 Agenda Item Discussion & Comments Action Items follow u or issues and, if they aren't correct, then now is the time to discuss Council's suggestions for adding to or deleting from the comments. Councilor Sherwood noted an agreement with the Sheriffs department for mutual response. She said she thought the City was going to ask if that will be feasible for us to continue. She said there would be less Sheriff patrol within that area, so would the City still be expected to provide the same support. Councilor Sherwood said if more police coverage is expected, it is not known how much would be needed. Interim Community Development Director Coffee noted he would add: Would the City be expected to continue the mutual response agreement and, under such an agreement, would we have to provide more police? Councilor Sherwood added that the Sheriff would be the one who would have to answer this question. Mayor Dirksen said he was assuming the intent would be to create a letter from Council to the Commissioners based on the comments in the memo. Interim Community Development Director Coffee said the form had not been discussed, but agreed that a letter could be drafted. Mayor Dirksen said that the Council needs to discuss this. Councilor Harding said she thought the Council needed more information regarding Councilor Sherwood's comment. She said she understood there would be no change to the police service. While the Sheriffs patrol would go away, the ratios would remain the same. Therefore, she questioned whether the impact would be changed from what the experience is now. She asked if there were any "hard numbers" about how much the police have to respond to King City or Bull Mountain. Interim Community Development Director Coffee said this information could be obtained from Police Chief Dickinson. Councilor Sherwood said the amount of Sheriff coverage would go down to half of what is now. Councilor Wilson said it has always been difficult to pin down how much actual coverage is available. The officers roam at large and are not in a particular area's boundary. Councilor Wilson said, "It is a fictitious number and that I think that in some ways, if a future City of Bull Mountain were actually paying or had contract for service... there would probably be more accountability... than there is now...It's arguably a better situation." Tigard City Council Meeting Minutes - July 11, 2006 Page 27 Agenda Item Discussion & Comments Action Items follow u Assistant City Manager Newton said that what she was hearing was that the Council's question for the Commission is that Sheriff coverage is unclear. Since it is unclear, then it is not fair to the Council to know what the impact will be on the City and what the expectation will be with regard to the mutual response agreement. This is a question that the City Council would like to see addressed. Councilor Woodruff said he did not see anything "too new" in Interim Community Development Director Coffee's memo. The issues have been discussed for a long time in all kinds of public hearings and with the Commissioners in various forums. The only thing that is new is the boundary issue and the City's interest in certain properties. He said he did not have a problem with how the memo was prepared. He pointed out that tonight is not the forum that it was a year ago, when the City was making decisions affecting the lives on Bull Mountain. The decision is now out of the City of Tigard's hands. Councilor Woodruff said, "We are operating as a City doing what we think is in the best interest of our City. The Board of Commissioners is going to make the decision, whether they agree with our position or if they agree with other positions. They are the elected body for the unincorporated area. I know people would like for us to do something different and make things better for areas that aren't under our control as a City, but that body is the Board of Commissioners. We are going to make the best shot we can to say, `Here are concerns we have.' As a City that is what our fiduciary responsibility is and those are the people who elected us and you're going to have the same ability to talk with the people that represent you... Interim Community Development Director Coffee said staff will prepare a document elaborating on the police service section, indicating the question for which the City of Tigard does not have the answer to and for which the City would like to hear an answer. Mayor Dirksen clarified: What would the impact be and what would the City's responsibility be under the new circumstances. Councilor Sherwood asked whether a new agreement would need to be negotiated or would the Commission expect the City to keep functioning as it is now. Assistant City Manager Newton noted that some of the questions on this service might be answered with the Tigard City Council Meeting Minutes - July 11, 2006 Page 28 Agenda Item Discussion & Comments Action Items follow u County staff presentation and report. She said she understands that the County staff is reviewing information from the Sheriffs office, which may shed some light on this issue. Mayor Dirksen then asked for the City Council to comment on the request to allow public testimony on this agenda item. He said that if the Council was to take comment that he could see where it might be appropriate to take public comment from the citizens of Tigard. He said he saw no value or use from taking comment from people who do not live in the City of Tigard because we are preparing the comments from the City of Tigard. He said he did not see a need at this point to take public comment; however, if the Council were to do so, it was his opinion that it should be restricted to Tigard residents. Councilor Woodruff asked if anyone has heard from Tigard residents about this and noted he had not received any communications. Mayor Dirksen said he has received some informal comments from citizens. He said what he has heard from people has been consistent with the Council's position. Councilor Wilson said, "...As you said, we represent Tigard citizens ...we do not have direct democracy where we invite some citizens in to tell us `how we think you should act'...we are in a representative capacity doing what we believe is best for our constituents. To me, it's somewhat offensive to go out of order simply because someone claims they are an attorney and they know this is the way we should do it and we should listen to someone who is not a constituent. We have different interests... you will have your chance at the hearing." In response to a remark from the audience, Councilor Wilson said that the agenda form will be corrected. Councilor Harding said the agenda form is confusing and it is not clear with regard to whether public comments will be received. City Attorney Ramis said it is always possible to make a form more clear, but there was nothing in the agenda document that assures anyone the opportunity to testify. It simply says that on any item you may request to be recognized; it is up to the Council to recognize people. Councilor Wilson noted the Council has typically been very deferential on that point. The City needs to move on and focus on what services we need to provide to Tigard City Council Meeting Minutes - July 11, 2006 Page 29 Agenda Item Discussion & Comments Action Items follow u our citizens and try to minimize services that are being provided outside our territory. Councilor Harding commented that she saw a similar issue a week ago when the CCAC was discussed. There was no opportunity for people to speak at that time. This is something the City Council needs to think about as a whole in how we communicate with constituents or others. She said she didn't have a problem with letting people speak on the issue tonight. Councilor Harding said there was a reference to areas 63 and 64. She said that more than once in the last two years, she has asked if there was clear delineation from the County and from Metro and Beaverton stating that since they are contiguous that is absolutely not of any interest to them. She has not read anywhere that those two areas are bequeathed to Tigard. She said she did not have adequate background to say she supports everything stated in the City Council's position. Mayor Dirksen asked for clarification about where Area 63 and 64 were referred to. Interim Community Development Director Coffee advised these areas are not referred to in the memo. Interim Community Development Director Coffee said Areas 63 and 64 were discussed when the Council reviewed the Economic Feasibility Report, because it was being assumed in the report that these areas would be in the City of Bull Mountain and they were relying on development to support their third- year budget. Mayor Dirksen confirmed that Council direction to staff is to prepare a letter to the Commissioners outlining the issues presented in the memo prepared by Interim Community Development Director Coffee with the amendments as discussed tonight. This letter will be sent to the Commission in advance of their hearing. Consensus of Council was that the Mayor review and sign the letter. Councilor Woodruff noted this would be a public document. Councilor Wilson said he reserves his right to say anything he wants to the Commission without reviewing it with anyone first. Councilor Harding said as a citizen, "you have that right." Assistant City Manager Newton asked about how the City Council wants to handle the presentation at the meeting. This will be discussed on July 18. Ms. Slepian asked for a point of clarification whether her request was formally denied even though, as Councilor Wilson said, in the past the Council has been deferential Tigard City Council Meeting Minutes -July 11, 2006 Page 30 Agenda Item Discussion & Comments Action Items follow u in allowing anyone to speak." Mayor Dirksen confirmed that her request to speak was denied. Council meeting recessed: 9:44 p.m. Council meeting reconvened: 9:50 p.m. 10. Non Agenda Assistant City Manager Newton advised that the non- Councilor Woodruff said since Item agenda item before the Council had been discussed in the site is needed, the price has the Executive Session regarding a real property been agreed upon, and the acquisition. The City Council is being asked to consider funds are available, he would a proposed purchase agreement between the City and make a motion to purchase the the Cach family. Ms Newton advised that the property. Councilor Sherwood appropriate motion would to approve the purchase seconded the motion. agreement and authorize the Assistant City Manager to execute the document. Mayor Dirksen clarified that the motion should be stated to Assistant City Manager Newton explained that the approve the purchase purchase of this property would provide a site for a agreement that was reviewed in reservoir in this area. The water distribution plan calls Executive Session and for a two million gallon reservoir in this area. We are authorize the Assistant City looking at it being in the 550-foot elevation on the Manager to execute the northwest side of Bull Mountain to serve local document. neighborhoods at and below this elevation. This is a key site because it is high enough to accommodate a partially The motion was approved by a buried reservoir in this area. We have been working for unanimous vote of Council several years to secure a site for a reservoir in this area. present. The Cach family has agreed to the terms. This is a 4.13- acre property consisting of four tax lots located off of Mayor Dirksen Yes Sunrise Lane and it is acceptable for the purposes of Councilor Harding Yes siting the reservoir. Mayor Dirksen and Assistant City Councilor Sherwood Yes Manager Newton said it is the only site in the area high Councilor Wilson Yes enough to accommodate the reservoir to serve that area. Councilor Woodruff Yes Assistant City Manager Newton confirmed for Councilor Woodruff that the City has been in negotiation for this site for several months and that the Cach family would like to close the transaction this week if possible. Adjournment The meeting was adjourned at 9:53 p.m. Motion by Councilor Wilson, seconded by Councilor Sherwood, to adjourn the meeting. The motion was approved by a unanimous vote of Council Present, Mayor Dirksen Yes Councilor Harding Yes Councilor Sherwood Yes Tigard City Council Meeting Minutes - July 11, 2006 Page 31 Agenda Item Discussion & Comments Action Items follow u Councilor Wilson Yes Councilor Woodruff Yes Catherine Wheatley, City Recorder Attest: Mayor, C/y of Tigard Date: Tigard City Council Meeting Minutes -July 11, 2006 Page 32 City of Tigard, Oregon Affidavit of Posting ro"', 11 IV TIGARD In the Matter of the Proposed Ordinance(s) 0(j STATE OF OREGON ) County of Washington ) ss. City of Tigard ) I, D 4 4 d A- t- 7qe 1-11 , being first duly sworn (or affirmed), by oath (or affirmation), depose and say: That I posted in the following public and conspicuous places, a copy of Ordinance Number(s) 0(0- OQ I , which were adopted at the City Council meeting of J C-~( D U , with a copy(s) of said Ordinance(s) being hereto attached and by reference made a part hereof, on the day of )20 1. Tigard City Hall, 13125 SW Hall Blvd., Tigard, Oregon 2. Tigard Public Library, 13500 SW Hall Blvd., Tigard, Oregon 3. Tigard Permit Center, 13125 SW Hall Blvd., Tigard, Oregon ®rel-- Signature of Person who Performed Posting Subscribed an sworn (or affirmed) before me this day of 71 20_ (`~Io LL VN.BIALYARS SEAL JILL Sig ature of Notary ublic for Oregon NOTARY PUBLIC-OREGON COMMISSION NO. 381793 MY COMMISSION EXPIRES JUNE 14.2008 QTY OF TIGARD, OREGON TIGARD QTY COUNCIL ORDINANCE NO.06- M AN ORDINANCE AMENDING TI-E LANGUAGE OF THE QTY OF TIGARD COMMUNITY DEVELOPMENT CODE, CHAPTER 18.780, TO CREATE A NEW "ENTRYWAY SIGN" CATEGORY, AND TO ALLOW ENTRYWAY SIGNS IN ALL ZONING DISTRICTS. (DCA 2006-00001) WHEREAS, the applicant has requested an amendment to the City of Tigard Community Development Code, Chapter 18.780, to create a definition of Entryway Signs and to allow them in all zoning districts; and WHEREAS, notice was provided to the Department of Land Conservation and Development 45 days prior to the first scheduled public hearing; and WHEREAS, the Tigard Planning Commission held a public meeting on June 5, 2006, and recommended approval of the proposed amendment by motion, with five in favor, one opposed, and one abstention; and WHEREAS, the 'Tigard City Council has considered applicable Statewide Planning Goals and Guidelines adopted under Oregon Revised Statutes, Chapter 197; any federal or state statutes or regulations found applicable; any applicable Metro regulations; any applicable Comprehensive Plan Policies; and any applicable provisions of the City's implementing ordinances; and WHEREAS, the Tigard City Council has found the following to be the only applicable review criteria: Community Development Code Chapters 18380, 18390, and 18.780; Comprehensive Plan Policies 1 and 2; and Statewide Planning Goals 1 and 2; and WHEREAS, the Tigard City Council has determined that the proposed development code amendment is consistent with the applicable review criteria, and that approving the request would be in the best interest of the City of Tigard. NOW, THEREFORE, TT-iE QTY OF TIGARD ORDAINS AS FOLLOWS: SECIION 1: The specific text amendments attached as "EXHIBIT A" to this Ordinance are hereby adopted and approved by the City Council. SECIION 2: This ordinance shall be effective 30 days after its passage by the Council, signature by the Mayor, and posting by the City Recorder. ORDINANCE No. 06- Page 1 L•\LRPLN\Couna Materials\2006\7 n o6 ATCACH 1 Emrfwa)r0ah ance.doc PASSED: By U IM IrY1Dl1S vote, of all Council members present after being read by number and title only, this day of AA -L lt4- 12006. Ca erine Wheatley, City Recorder APPROVED: By Tigard Qty Council this J~ day of )2006. Crag Ebrksen, Mayor Approved as to form: Gty rney 7. l I. Dco Date ORDINANCE No. 06- OCI Page 2 M RPMCouncil Mamrials\2006V 1106 ATTACH 1 En"yOn inane ioc EXHIBIT A Exhibit A DCA 2006-00001 PROPOSED AMENDMENT TO THE TIGARD COMMUNITY DEVELOPMENT CODE ADDITIONS indicated byRalics and Bold PROPOSED DEVELOPMENT CODE TEXT CHANGES: Chapter 18.780 SIGNS Section 18.780.015 Definitions 18. "Entryway sign" means a sign placed by the City at an entry to the City. [Renumber definitions after No. 18 according to the above amendment.] Section 18.780.090 Special Condition Signs L Entryway Signs 1. Entryway Signs shall be permitted in all districts. 1ALRPLN\Counci1 Materials\2006\7 11 06 EXHIBIT A Entryway.doc STUDY SESSION AGENDA TIGARD CITY COUNCIL BUSINESS MEETING July 11, 2006 - 6:30 p.m. 13125 SW Hall Boulevard, Tigard, Oregon 6:30 PM • STUDY SESSION > Discussion on Council Groundrules • EXECUTIVE SESSION: The Tigard City Council will go into Executive Session to discuss real property transaction negotiations and consultation with legal counsel concerning current litigation or litigation likely to be filed under ORS 192.660(2)(e) and (2)(h). All discussions are confidential and those present may disclose nothing from the Session. Representatives of the news media are allowed to attend Executive Sessions, as provided by ORS 192.660(4), but must not disclose any information discussed. No Executive Session may be held for the purpose of taking any final action or making any final decision. Executive Sessions are closed to the public. Council Calendar July • July 18 Tuesday City Council Business Meeting - 6:30 p.m. • July 24 Monday Lunch at the TVF&R Fire Station in Tigard (Burnham Street) - Noon • July 25 Tuesday City Council Business Meeting Cancelled. Possible quorum of City Council to attend Board of Commissioners Meeting in Hillsboro; 6:30 p.m. (Washington County Public Services Building, 155 North First Avenue, Hillsboro, OR) Executive Session - The Public Meetings Law authorizes governing bodies to meet in executive session in certain limited situations (ORS 192.660). An "executive session" is defined as "any meeting or part of a meeting of a governing body, which is closed to certain persons for deliberation on certain matters." Permissible Purposes for Executive Sessions: 192.660 (2) (a) - Employment of public officers, employees and agents, if the body has satisfied certain prerequisites. 192.660 (2) (b) - Discipline of public officers and employees (unless affected person requests to have an open hearing). 192.660 (2) (c) - To consider matters pertaining to medical staff of a public hospital. 192.660 (2) (d) - Labor negotiations. (News media can be excluded in this instance.) 192.660 (2) (e) - Real property transaction negotiations. 192.660 (2) (f) - Exempt public records - to consider records that are "exempt by law from public inspection." These records are specifically identified in the Oregon Revised Statutes. 192-660 (2) (g) - Trade negotiations - involving matters of trade or commerce in which the governing body is competing with other governing bodies. 192.660 (2) (h) - Legal counsel - for consultation with counsel concerning legal rights and duties regarding current litigation or litigation likely to be filed. 192.660 (2) (i) - To review and evaluate, pursuant to standards, criteria, and policy directives adopted by the governing body, the employment-related performance of the chief executive officer, a public officer, employee or staff member unless the affected person requests an open hearing. The standards, criteria and policy directives to be used in evaluating chief executive officers shall be adopted by the governing body in meetings open to the public in which there has been an opportunity for public comment. 192.660 (2) Public investments - to carry on negotiations under ORS Chapter 293 with private persons or businesses regarding proposed acquisition, exchange or liquidation of public investments. 192.660 (2) (k)- Relates to health professional regulatory board. 192.660 (2) (1)- Relates to State Landscape Architect Board. 192.660 (2) (m)- Relates to the review and approval of programs relating to security. iAadm%cathy\tca w%20061060627ps.doc i For Council Meeting of July 11, 2006 List of CCAC related documents 1. Tigard Municipal Code-Chapter 2.65--CCDA 2. Resolution No 05-44 - Appointing Members to the CCAC 3. Resolution No. 05-52 - Resolution appointing members / alternates to the CCAC 4. CCAC-Dates of Appointment 5. CCAC-Current Roster list / resignations 6. Ord. No 89-05 Establishing the CCDA and CCAC 7. Resolution No. 05-32-Reactivating the CCDA 8. Resolution No. 05-28-A-Initial Selection for CCAC 1 TIGARD MUNICIPAL CODE Chapter 2.64 CITY CENTER domain. The powers conferred to this agency by DEVELOPMENT AGENCY. ORS Chapter 457 are in addition and supplemental to the powers conferred by any Sections: other law. (Ord. 89-05 §4, 1989). 2.64.010 Need Declared. 2.64.050 Limitation On Action. 2.64.020 Title. 2.64.030 Membership. Any act of the City Center Development 2.64.040 Powers. Agency shall be considered the act of the Urban 2.64.050 Limitation On Action. Renewal Agency only and shall not be considered 2.64.060 Advisory Commission an act of the City Council, even though Established. membership of both are identical. The City Center Development Agency shall not exercise 2.64.010 Need Declared. any power which, by Charter, requires voter approval. (Ord. 89-05 §5, 1989). Pursuant to ORS 457.035, the City Council declares that blighted areas now exist in the City 2.64.060 Advisory Commission and that there is currently a need for an Urban Established.. Renewal Agency to function in the City. (Ord. 89- 05 §1, 1989). The City Center Advisory Commission is established. The Commission shall be comprised 2.64.020 Title. of seven to twelve members appointed by the City Council. The purpose of the Commission is to The Urban Renewal Agency created by this assist in implementation of the City Center chapter shall be known as the City Center Development Plan, to make recommendations to Development Agency. (Ord. 89-05 §2, 1989). the City Center Development Agency and to help inform Tigard's citizens of the plan's content and 2.64.030 Membership. activities. (Ord. 89-05 §6, 1989).■ The City Center Development Agency shall be comprised of members of the City Council as it lawfully exists from time to time. Any change in membership of the City Council shall automatically, and without need for further legislative action, constitute an identical change in the membership of the City Center Development Agency. (Ord. 89-05 §3, 1989). 2.6.4.040 Powers. Subject to the limitations imposed by Section 2.64.050, the City Center Development Agency shall have authority to exercise all powers available to the Agency under ORS Chapter 457, including, but not limited to, the power of eminent 2-64-1 SE Update: 12101 J , Agenda Item No. 44-t e i z i Meeting of (p . 3 MEMORANDUM 1 R , TO: Honorable Mayor and City Council FROM: Cathy Wheatley, City Recorder 3-'jfV- RE: Study Session Discussion.- City Center Advisory Commission (CCAC) DATE: June 8, 2006 The City Council is scheduled to discuss the City Center Advisory Commission during Study Session on June 13, 2006. City Manager Prosser asked me to send you the following information relating to the CCAC:: • Tigard Municipal Code - Chapter 2.65 - City Center Development Agency Resolution No. 05-44 - Appointing Members to the City Center Advisory Commission • Resolution No. 05-52 - A resolution appointing members and alternates'to the City Center Advisory Commission. Attachments c: City Manager Prosser Assistant to the City Manager Newton Interim Community Development Director Coffee Senior Planner Nachbar hadmVackel'06=06IMmemo-c dm 2 CITY OF TIGARD, OREGON RESOLUTION NO.05-A~_ A RESOLUTION APPOINTING MEMBERS TO THE' CITY CENTER ADVISORY COMMISSION WHEREAS, City Council established goals for 2005 that includes "Complete and implement the Downtown Plan" and "urban renewal implementation"; and WHEREAS, in April, Council took action to proceed with developing an Urban Renewal Plan for the Downtown; and WHEREAS, Tigard's Charter calls for a City Center Advisory Commission, composed of 7-12 members, to advise and assist the City's Urban Renewal Agency; and WHEREAS, the City Center Advisory Commission will be actively involved in the development of the Urban Renewal Plan for the Downtown and its implementation; and WHEREAS, Council approved a resolution establishing the initial membership of the City Center Advisory Commission to include 6 Downtown Task Force members, 1 Planning Commission member, I Park and Recreation Board member, and up to 4 City residents or property owners at large; and WHEREAS, the Downtown Task Force, Planning Commission, and Park and Recreation Board have identified members; and WHEREAS, no citizen applications have been received to date and recruitment will continue, NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council that: SECTION 1: The following representatives are appointed to the City Center Advisory Commission: Downtown Task Force - Mike Marr, Judy Munro, Carolyn Barkley, Jim Andrews, Marland Henderson, and John Wilson Planning Commission - Gretchen Buchner Park & Recreation Board representative - Carl Switzer City Residents/Property Owners - to be determined SECTION 2: This resolution is effective immediately upon passage. d PASSED: This o< day of 2005. Mayor City of Tigard RESOLUTION NO. 05 - / Page 1 ATTEST: C(At4 City Recorder - City of Tigard - RESOLUTION NO. 05 Page 2 3 .t CITY OF TIGARD, OREGON RESOLUTION NO. 05-5a A RESOLUTION APPOINTING MEMBERS AND ALTERNATES TO THE CITY CENTER ADVISORY COMMISSION. WHEREAS, Resolution 05-28 "A Resolution on the Initial Selection Process for City Center Advisory Commission" states in Section d that the City Center Advisory Commission shall include membership of up to four City residents or property ovaiers; and WHEREAS, seven people expressed interest in serving on the City Center Advisory Commission and were interviewed by the Mayor's Appointments Advisory Committee during July and August 2005; and WHEREAS; following these interviews, the Appointments Committee voted to forward to Council a recommendation to fill the four vacant at-large positions with the following candidates: Lily Lilly, Alice Ellis Gaut, Roger Potthoff, and Suzanne Gallagher and WHEREAS, Ralf Hughes and Alexander Craghead also expressed interest in serving on the City Center Advisory Commission and were interviewed by the Mayor's Appointments Advisory Committee, NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council than SECTION l : Lily Lilly, Alice Ellis Gaut, Roger Potthoff, and Suzanne Gallagher shall be appointed to the City Center Advisory Commission as at-large members. SECTION 2: Ralf Hughes and Alexander Cmghead shall be appointed to the City Center Advisory Commission as non-voting, alternate at-large members. SECTION 3: This resolution is effective immediately upon passage. rd PASSED: This ~C3 day of AA- 2005. Mayor - ity of Tigard ATTEST: 'cat ~p City Recorder - City of Tigard RESOLUTION NO. 05 - Page 1 ;~Serree.Lewis - board comm roster.jb.xls 4 City Center Advisory Commission Membership - - = Appt: Const Jim Andrews 5/10/05 Margaret Nortc 21835 SW 70th . Norton Arnold Cc Tualatin, OR 97062 610 Broadway, Ste Res: 503-638-4499 Portland, OR 972 Bus: 503-620-2086 PH: 206-269-0229 iandrews(a nicoliengineering.com margaretana-co rr Carolyn Barkley 5/10/05 Jim Rapp 12290 SW Main St A-2 Norton Arnold Cc Tigard, OR 97223 610 Broadway, Ste Res: 503-624-0149 Portland, OR 972 sixgiraffesaverizon.net PH: 503-274-0267 iimOna-company. Gretchen Buehner 5/10/05 13249 SW 136th Place Jeffrey Tashma. Tigard, OR 97223 Tashman Johnson Res: 503-684-1031 6585 SW Parkhill I Portland, OR 972 Marland Henderson 5/10/05 PH 503-245-7828 11795 SW Katherine St Tigard, OR 97223 Res: 503-590-2399 Mike Marr 5/10/05 12420 SW Main Tigard, OR 97223 Bus: 503-624-2975 mikemarr(a) verizon.net 3/22/06 City Center Advisory Commission Jerree Lewis - board comm roster.jb.xls Psge 1 Appt: Judy Munro 5/10/05 12739 SW Danbush Ct Tigard, OR 97223 Bus: 503-962-2461 Cell: 503-970-4369 munro4q)-tri-met.org Plxvi?ng Gonr~ sion L iaison Carl Switzer 5/10/05 11120 SW 109th Ave Tigard, OR 97223 Res: 503-201-7078 E-mail: carlswitzer@hotmail.com Mike Stew ns o n 5/10/05 9040 SW Burnham St Tigard, OR 97223 Bus: 503-639-9835 mstevenson(& bbprintsource.com MEMBERS AT - LARGE: Alice Ellis Gaut voting member 8/23/05 10947 SW Chateau Lane Tigard, 97224 Res: 503-639-8930 aegna. csgpro.com Suzanne Gallagher voting member 8/23/05 13547 SW Mountain Tigard 97224 Res: 503-590-5190 3/22/06 City Center Advisory Commission I ,Jerree Lewis - board comm roster.jb.xls Page 11 Bus: 503-579-2787 suzanne(q--)walldes igndiva.com Appt: Lily Lilly voting member 8/23/05 12390 SW Knorr Drive Tigard, 97223 Res: 503-887-9069 Bus: 503-603-9901 Uywing(a comcast.net Roger Potthoff voting member 8/23/05 PO Bax 23968, Tiganl 97281(nud hers) 11710 SW Ann St (please don't mail to this address) Tigard, OR 97223 Res: 503-524-2499 Bus: 503-989-3846 roger.pottoffCa verizon.net Ralph Hughes - Alternate non-voting 8/23/05 12855 SW Morningstar Dr. Tigard 97223 Res: 503-780-3332 Bus: 503-524-5645 ralph(a) E f eswhatif s.com Alexander Craghead- Alt. non-voting 8/23/05 12205 SW Hall Blvd Tigard 97223 Res: 503-620-1699 abcraghead(a) earthlink.net 3/22/06 City Center Advisory Commission y { C ty Center A'dviSd Commisslon,H9iasio5 is ~ N l< t Commission Members Jim Andrews (resigned June 7, 2006) PO Box 23784 Tigard, OR 97281 Mike Marr (resigned June 2, 2006) (W) 503-620-2086 12420 SW Main Street jandrews(c-nicoliengineering.com Tigard, OR 97223 (W) 503-624-2975 Carolyn Barkley mikemarr(a-verizon.net 12290 SW Main Street, A-2 Tigard, OR 97223 Judy Munro (W) 503-684-3042 12739'SW Danbush Ct. sixgiraffes(&-verizon.net Tigard, OR 97223 (W) 503-962-2461 Gretchen Buehner MunroJO-)trimet.org 13249 SW 136"' Place Tigard, OR 97223 Roger Potthoff (W) 503-684-1031 PO Box 23968, gbuehner@bigplanet.com Tigard OR 97281 (W) 503-989-3846 Alexander Craghead (alternate) roger. potthoffAverizon. net (H) 12205 SW Hall Blvd. 503-620-1699 Mike Stevenson (resigned June 2, 2006) abcraghead(a~earthlink.net 9040 SW Burnham Tigard, OR 97223 Suzanne Gallagher (W) 503-639-9835 13547 SW Mountain Ridge Ct. mstevenson(a-bbprintsource.com Tigard, OR 97224 (W) 503-579-2787 Carl Switzer Suzanne(aD-walldesigndiva.com 11120 SW 109th Ave. Tigard, OR 97223 Alice Ellis Gaut (H) 503-968-5840 10947 SW Chateau Lane (M) 503-201-7078 Tigard, OR 97224 carlswitzer(aD-hotmaii.com (H) 503-639-8930 aegQcsgpro.com Marland Henderson (resigned June 2, 006) 12950 SW Pacific Hwy, Suite 225 Tigard, OR 97223 (W) 503-639-5537 MHCon _aol.com Ralph Hughes(alternate) 12855 SW Mornignstar D. Tigard, OR 97223 (W) 503-780-3332 Ralph )-lifeswhatifs.com Lily Lilly 12390 SW Knoll Drive Tigard, OR 97223 (W) 503-887-9069 lillvwing(&-comcast.net V' 6 l CITY OF TIGARD, ORMOON ORDINANCZ NO. 89-_~ AN ORDINANCZ DZCLARING A NZZD FOR ZSTABLISBING TBZ CITY CZNTZR DZVZLOPHZXT AGZNCY AND CRZATING THZ CITY CZNT3R DZVZLOPM=T COMMISSION. MHZRZAS, It has been determined that the city center study area economic vitality and development activity lags behind other areas in the city; and MHZRZAS, primary obstacles to attracting private development in the area are: lack of access, circulation and parking, mixes land uses, underutilized land, small individually owned parcels, lack of positive image and identity and public facilities adequate to meet future growth; and MHZRZAS, the City Council is interested in focusing efforts in the city center area that will assist in overcoming those obstacles and encourage economic growth in the area; and MHZRZAB, the obstacles identified as hindering private development in the city center area qualify as "blighting conditions" under ORS Chapter 457; and VHZRZAB, formation of the city center Development Agency as an Urban Renewal Agency will allow the city to utilize the tools provided for in ORS 457. THZ CITY OF TIGARD ORDAINS AS FOLLOWS: Section is Declaration of Blight. Pursuant to ORS 457.035, the Tigard City Council declared that blighted areas now exist in the City and that there is currently a need for an urban renewal agency to function in the City of Tigard. Section 2.L Agency Title. The urban renewal agency created by this ordinance shall be known as the City Center Development Agency. Section 3: Nombership. The City Center Development Agency shall be comprised of members of the Tigard City Council as it lawfully exists from time to time. Any change in membership of the Tigard City Council shall automatically, and without need for further legislative action, constitute an identical change in the membership of the City Center Development Agency. Section 4: E4WN111• Subject to the limitations imposed by Section 3 of this ordinance, the City Center Development Agency shall have authority to exercise all powers available to the agency under ORS Chapter 457, including, but not limited to, the power of eminent domain. The powers conferred to this agency by ORa Chapter 457 are in addition and supplemental to the powers conferred by any other law. teatioa 5: Any act of the City Center Development Agency shall be considered the act of the urbftn renewal agency only and shall not be considered an act of the Tigard City Council, even though SOMbership of both are idential. C OSZ♦ NO. 89-~ w., a^ ~ u r. q°-~ rte,: ~p2 d'+,r. ri .KR• :.a`a:w _ @wzt''> z .W.,,r,.,.. . w,ow ,..try.. The City Center Development Agency shall not exercise any power 3 t which, by charter, requires voter approval. section Gs Advisory CommiSsion,_ Tbs City Center Advisory Commission is hereby established. The Commission shall be comprised of seven to twelve ' members appointed by the Tigard City Council. The purpose of the Commission is to assist in implementation of the City Center =4,r Development Plan, to make recommendations to the City Center Development Agency and to help inform Tigard's citizens of the Plan's content and activities. Section 71 savinos Clause. if any section or portion of this ordinance is determined to be unconstitutional or otherwise unlawful, the remaining sections and portions of this ordinance shall be severable and shall remain in effect. Section 81 Effective Date. This ordinance shall be effective 30 days after its passage by the Tigard City Council, approved by the Mayor, and posted by the City Recorder. PASSRDS By unCcn'i mDUS vote of all Council members present after baina read by number and title only, this ~.3 day of ,tbf u Cc 1^LI 1989. e; y ^:a ( Catherine Wheatley, beputy ft"Forder APPROVED s This 06 day of , 1989. Herald R. Edwards, Mayor a # Approved as to forms 4 f A. City OttorvAy Dale awnw, = no. s9-Q5 Poo s W , CITY OF TIGARD, OREGON RESOLUTION NO. o5- 3,2 A RESOLUTION REACTIVATING THE CITY CENTER DEVELOPMENT AGENCY, AN URBAN RENEWAL AGENCY WHEREAS, after a Charter amendment terminating an earlier urban renewal agency of the City of Tigard, the Council adopted Ordinance 89-05 (codified at TMC Chapter 2.64) in 1989, activating the City Center Development Agency as the City's urban renewal agency; and WHEREAS, under Ordinance 89-05, the City Council exercised the powers of the urban renewal agency; and WHEREAS, the City Council, acting as the City Center Development Agency may designate another body to act as the Development Agency, and may do so at any time; and WHEREAS, the City Council is committed to placing an Urban Renewal plan including tax increment financing on the May, 2006 ballot, at which time the Council will also incorporate the question of governance of the Urban Renewal Agency; and WHEREAS, the City Center Development Agency's action in 1989 and the early 1990s did not lead to the adoption of an urban renewal plan; and WHEREAS, the City Center Development Agency remained in existence after 1989 because the Agency was never terminated, but has not been actively pursuing development of urban renewal plans; and WHEREAS, the conditions justifying the activation of the City Center Development Agency are still present within the City; and WHEREAS, the City Council believes that it is time to consider development and adoption of an urban renewal plan to assist with development and redevelopment of Tigard's downtown and possibly other areas within the City; and WHEREAS, the City Council chooses to have the City Council continue to act as the City's urban renewal agency, NOW; THEREFORE, BE IT RESOLVED by the Tigard City Council that SECTION 1: The City Center Development Agency is reactivated and shall actively pursue development of an urban renewal plan for one or more areas within the City, as provided by ORS Chapter 457 and take other actions as authorized by ORS Chapter 457 and Ordinance 89-05. SECTION 2: In pursuing the development of an urban renewal plan, the City Center Development Agency shall actively seek public input and shall consider the recommendations of the City Center Advisory Commission. RESOLUTION NO. 05 - Page 1 SECTION 3: The City Center Development Agency shall take all actions with due regard for the rights given to the voters of the City by Charter Sections 47 and 48. SECTION 4: This resolution is effective immediately upon passage. PASSED: This day of 2005. Mayor - City of Tigard ATTEST: City Recorder - City of Tigard RESOLUTION NO. 05 -,32 Page 2 8 CITY OF TIGARD, OREGON _ RESOLUTION NO. 05- S A RESOLUTION ON THE INITIAL SELECTION PROCESS FOR CITY CENTER ADVISORY COMMISSION. WHEREAS, the Tigard Municipal Code (Chapter 2.64) establishes the City Center Development Agency; and WHEREAS, the City Center Development Agency, subject to the limitations imposed by the Tigard Municipal Code (2.64.050), shall act as the urban renewal agency and exercise all powers available to the agency under ORS Chapter 457; and WHEREAS, the Tigard Municipal Code (Chapter 2.64.060) establishes the City Center Advisory Commission comprised of seven to twelve members; and WHEREAS, the purpose of the City Center Advisory Commission is to assist in implementation of an Urban Renewal Plan, to make recommendations to the City Center Development Agency and to help inform Tigard's citizens of the plan's content and activities; and WHEREAS, the City Council met on April 19, 2005 and discussed the role and composition of the City Center Advisory Commission; and WHEREAS, the Downtown Task Force, made up of 24 members, appointed by Council, have developed, with community input, a draft plan for the future of Tigard's downtown; and WHEREAS, the Downtown Task Force, through community input and personal interest, have gained considerable knowledge of the downtown's needs; and WHEREAS, the Planning Commission and the Parks and Recreation Board will be responsible for carrying out the vision of the Downtown Plan; and WHEREAS, in the future, the composition of the City Center Advisory Commission could change to meet the needs of the City Center Development Agency, NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council that: SECTION 1: The City Center Advisory Commission shall initially include membership of 6 Downtown Task Force Members. SECTION 2: The City Center Advisory Commission shall include membership of 1 Planning Commission Member. SECTION 3: The City Center Advisory Commission shall include membership of 1 Park and Recreation Board Member. RESOLUTION NO. 05 - Page 1 • . i SECTION 4: The City Center Advisory Commission shall include membership of up to 4 City residents or property owners at large. SECTION 5: This resolution is effective immediately upon passage. PASSED: This V- day ofl 2005. r Mayor - ity of Tigard ATTEST: City Recorder - City of Tigard RESOLUTION NO. 05 - a~ Page 2 AGENDA ITEM NO.2 - CITIZEN COMMUNICATION DATE: July 11, 2006 (Limited to 2 minutes or less, please) The Council wishes to hear from you on other issues not on the agenda, but asks that you first try to resolve your concerns through staff. This is a City of Tigard public meeting, subject to the State of Oregon's public meeting and records laws. All written and oral testimony become part of the public record. The names and addresses ofpersons who attend or participate in City of Tigard public meetings will be included in the meeting minutes, which is a public record. NAME, ADDRESS & PHONE TOPIC STAFF Please Print Sle 4 n CONTACTED Name: / / V r7) ,..ti l VYl OLD l'4 /rte Also, please spell your name as it sounds, if it will help the presiding officer pronounce: Address oa!D SL.J /'4-G_ City c State Zip Phone No. Name: U Also, please spell your name as it sounds, if it will help the presiding officer pronounce: Address City State Zip Phone No. Name: V~ Also, please spell your na e as it sounds, if it will help the presiding officer pronounce: Address City State Zip Phone No. is\adm\cathy\ccs sip up\citizen communication.doc CITIZEN COMMUNICATION MEMORANDUM I ....,a TO: Honorable Mayor & City Council Agenda Item No. 3. For Agenda of July 11, 2006 FROM: Cathy Wheatley, City Recorder RE: Three-Month Council Meeting Calendar DATE: July 3, 2006 Regularly scheduled Council meetings are marked with an asterisk July 4 Tuesday 4th of July Holiday - City Hall Closed 6 Thursday Special City Council Meeting - 6 pm, Red Rock Creek Conference Room & Town Hall 11* Tuesday Council Business Meeting - 6:30 pm, Town Hall 18* Tuesday Council Business Meeting - 6:30 pm, Town Hall 25 Tuesday Council Quorum at Washington County Commissioners Meeting, 6:30 pm Washington County Public Services Bldg. in Hillsboro August 8* Tuesday Council Business Meeting - 6:30 pm, Town Hall 15* Tuesday Council Workshop Meeting - 6:30 pm, Town Hall 22* Tuesday Council Business Meeting - 6:30 pm, Town Hall 29 Tuesday Fifth Tuesday Council Meeting - 7-9 pm, Tigard Water Auditorium September 4 Monday Labor Day Holiday - City Hall Closed 12* Tuesday Council Business Meeting - 6:30 pm, Town Hall 19* Tuesday Council Workshop Meeting - 6:30 pm, Town Hall 26* Tuesday Council Business Meeting - 6:30 pm, Town Hall is\,dm\a1y -cil\7-month calendar For 7-11416 cc mrg.dm Agenda Item No. Tigard City Council Tentative Agenda 2006 Meeting of fl, o? 004 Meeting Date: July 6, 2006 Meeting Date: July 11, 2006 Meeting Date: July 18, 2006 Meeting Type/Time: Special/6:00 p.m. Meeting Type/Time: Business/6:30 p.m. Meeting Typerrime: Business/6:30 p.m. Location: City Hall Location: City Hall Location: City Hall Greeter: Greeter: Tom I. Greeter: Materials Due @ 5: Materials Due @ 5: June 27, 2006 Materials Due @ 5: Craig Prosser absent Special Meeting Study Session Study Session CCAC - Report from Joe Hertzberg with Exec. Session: Update on Park & Open Space Senior Center Remodel/Additions - Dennis K. 10 min. Council discussion to follow Acquisition - Dennis K. - 15 min. Water Bldg. Remodel & Relocation of PW Dept. Exec. Session: Current & Pending Litigation - Dennis K.- 10 min. Loreen M. - 10 min. Consent Agenda Discussion on Council Groundrules Approve Volunteer Worker's Compensation Consent Agenda Coverage - Loreen M Approve Annual Pay Adjustment for Approve Amendment to Insurance Agent of City Manager - Sandy Z. Record Contract - Loreen M. Business Meeting Adopt Revisions to Council Groundrules - Briefing on Walnut Street TVF&R Station - Craig P. Dennis K. & TVF&R Asst. Chief LeSage LCRB - Rejection of Bids for Hall Blvd./Wall St PPT - 30 min. Intersection/Library Pkg. Lot - Vannie N. Approve TMC Revisions Incorporating a - Legis. Public Hearing - Entryway Sign-Code Business Meeting Amendment - Tom C.- ORD - 15 min. Initiate Planned Development Revision/ Legis. Public Hearing - Incidental Cultural Planning Commission - Dick B. - 60 min. Uses in Commercial Institutions - Code Comprehensive Plan Update: Citizen Issues and Amendment - Tom C.- ORD - 15 min. Values Summary - Beth St. A.- 30 min. Comments to Washington Co. Commissioners Report on Tualatin River Bike/Ped. Bridge - re Proposed Bull Mt. Incorporation - Gus - 20 min. Tom C. - 30 min. Review Council Groundrules - Craig P. - 20 min. 2nd Quarter Goal Update - Craig P. - 5 min. LCRB - Award of Burnham St. Imp. Contract- Design of Streetscape Project - Gus D.- 20 min. Time Avail: 135 min. - Time Scheduled: 90 min. Time Avail: 135 min. - Time Scheduled: 155 min. Time Left: 45 min. Time Left: 20 min. 7/5/2006 1 Tigard City Council Tentative Agenda 2006 Meeting Date: July 25, 2006 Meeting Date: August 8, 2006 Meeting Date: August 15, 2006 Washington Co. Commission/6:30 p.m. Meeting Type/Time: Business/6:30 p.m. Meeting Type/Time: Workshop/6:30 p.m. Location: Public Services Bldg. Location: City Hall Location: City Hall 155 N. First Avenue in Hillsboro Greeter: Greeter: Materials Due @ 5: July 25, 2006 Materials Due @ 5: August 1, 2006 City Manager Prosser Absent ? City Manager Prosser Absent ? Study Session Workshop Agenda City Manager Review - 30 min. SI Business Meeting Cancelled Possible Council Quorum to attend Washington County Board of Commissioners Consent Agenda Meeting Designate Planning Comm. as the Comp. Plan Steering Committee - Beth S./Tom C. - RES LCRB - Award Contract for Hall Blvd./Spruce St. Sidewalk - Vannie N. LCRB - Award Contract for Construction of Tualatin River Trail - Vannie N. Business Meeting Rider Annexation - Tom C. - PHJQ -ORD - 30 min. Approve TMC Revisions Incorporating a - Right-of-Way Usage Fee - Nancy W.-25 Min.-ORD Approve TMC Revisions Incorporating a ROW Preservation & Restoration Policy - Nancy W. 25 min.- ORD Finalization of Sewer Reim. Dist. #32 (Fern St.) Info. Public Hearing, PPT, Greg B. - 10 min.- RES CCDA - Adopt Downtown Implementation Strategy - Tom C./Phil N. - RES - 15 min. Time Avail: 135 min. - Time Scheduled: 105 min. Time Avail: 200 min. - Time Scheduled: 0 min. Time Left: 30 min. Time Left: 185 min. 7/5/2006 1 Tigard City Council Tentative Agenda 2006 Meeting Date: August 22, 2006 Meeting Date: August 29, 2006 Meeting Date: September 12, 2006 Meeting Type/Time: Business/6:30 p.m. Meeting Type/Time: 5th Tues./7 p.m. Meeting Type/Time: Business/6:30 p.m. Location: City Hall Location: Water Building Aud. Location: City Hall Greeter: Greeter: Greeter: Materials Due @ 5: August 8, 2006 Materials Due @ 5: August 15, 2006 Materials Due @ 5: August 29, 2006 Study Session Fifth Tuesday Meeting Study Session Consent Agenda Consent Agenda Business Meeting Business Meeting Proclaim September as National Drug Addiction Acceptance of $150,000 in Matching Funds to Recovery Month - Craig P.- 5 min. Construct the Jim Griffith Memorial Skate Park Dan Plaza - 10 min. Time Avail: 135 min. - Time Scheduled: 5 min. Time Avail: 135 min. -Time Scheduled: 10 min. Time Left: 130 min. Time Left: 125 min. 7/5/2006 1 Agenda. Item # 3.3 Meeting Date Tiny 11.2006 COUNCIL AGENDA ITEM SUMMARY City Of Tigard, Oregon Issue/Agenda Title Approve an Annual Merit Pay Adjustment for the City Manager zz~~/ Prepared By: Sand Zodrow Dept Head Approval: City Mgr Approval: ISSUE BEFORE THE COUNCIL Should the City Council approve an annual merit pay adjustment for the City Manager based upon a recent performance evaluation, which shall satisfy the employment agreement's requirements for a 6-month and 12-month review? STAFF RECOMMENDATION Approve an annual merit pay adjustment of 3% for the City Manager effective August 1, 2006, and acknowledge that the June 27, 2006, evaluation conducted by the City Council shall also serve as the performance evaluation to be conducted by August 1, 2006, as required by the City Manager's employment agreement. KEY FACTS AND INFORMATION SUMMARY The City Manager's employment agreement requires Council to conduct performance evaluations 6 months after the start of the contract (March 1, 2006) and 12 months after the start of the contract (August 1, 2006). Thereafter, evaluations will be performed on an annual basis. City Council conducted the six-month review on June 27, 2006. The City Council will approve a merit adjustment for the City Manager and determaie whether the June 27, 2006 performance evaluation, also satisfies the requirement for an evaluation by August 1, 2006. The proposed salary adjustment is for 3% per year effective August 1, 2006, based on good performance and progress toward achievement of City Council goals. OTHER ALTERNATIVES CONSIDERED Do not adjust the City Manager's pay rate or adjust it by a different amount. COUNCIL GOALS AND TIGARD BEYOND TOMORROW VISION STATEMENT A merit increase is offered to the City Manager based on progress toward achieving City Council and Vision Task Force goals. ATTACHMENT LIST None. FISCAL NOTES This action will increase the City Manager's salary by $3,575 per year. Funds are available In the FY 2006-07 budget for this purpose. iladmtpacket'06t0607111medt pay adustment for city manager- ais.doc Agenda Item # Meeting Date July 11, 2006 COUNCIL AGENDA ITEM SUMMARY City Of Tigard, Oregon Issue/Agenda Title Tualatin Valley Fire and Rescue (=&R) Deployment Report Prepared By: Bill Dickinson Dept Head Okay (A4-"-J9 City Mgr Okay ISSUE BEFORE THE COUNCIL AND KEY FACTS The Fire Department will provide a briefing on the site selection and deployment of the planned Walnut Street Fire Station. STAFF RECOMMENDATION Staff report and public information briefing. No action required. KEY FACTS AND INFORMATION SUMMARY TVF&R has completed a site assessment for deploying a new fire station in the City of Tigard. Assistant Chief Paul LeSage will provide information on the Fire Department's site assessment, property purchase on Walnut Street, and future deployment. OTHER ALTERNATIVES CONSIDERED N/A. COUNCIL GOALS AND TIGARD BEYOND TOMORROW VISION STATEMENT Providing this outside agency service provider information to the City will help meet the goal of improving communication and relationships with community and citizens. ATTACHMENT LIST none. FISCAL NOTES This is a TVF&R project. TVF&R is an independent Fire District which delivers services in (and outside oo the City of Tigard. The City Council is not being asked for any fiscal decisions. 4r~ _ F YT B ^T• ~,11 fir' 3 • 'Afth d Ab • i • . • • • • ' ' D 1 Z s Jack'Park~~ - . . Q c Y' ff t 4 t ~ _ + Tualatin Valley Fire & Rescue recently purchased a 3.3 acre site at 12585 SW Walnut Street for the purpose of building a new fire station. Like most homeowners wondering about a new neighbor, you may have some questions. Why Build a Fire Station Here? The community surrounding this location has some of the longest response times of any urban area in our district. When an incident occurs, emergency crews must travel from stations located in south Beaverton, downtown Tigard, King City, the Progress area, or at the top of Cooper Mountain. As the number of homes, incidents, and traffic has increased in this area, we struggle to meet our goal of having a first unit on scene within 6 minutes, 90% of the time. Are Response Times Important? Having a unit on scene within 6 minutes allows emergency responders to take life- and property-saving measures while there's still time. Our typical response time into your neighborhood was 8 minutes and 22 seconds in 2005. Some adjacent areas that will also be served by this station are experiencing response time as high as 9-10 minutes. That's not acceptable. Are there Other Options? TVF&R has attempted several less costly methods to meet our response goal. Several years ago we added second units to surrounding fire stations in South Beaverton, Progress, and King City. This helped but did not stop the degradation of response times. Additionally, TVF&R improved the technology that dispatches our engine companies. This improved our "reflex time" - the time from when 9-1-1 dispatchers send the alarm to a station and fire engines begin to roll. Even with these investments, our response times have continued below our goal in your community. Were Other Locations Considered? We explored several alternative locations, but they were unsuitable due to being odd-size flag lots or on sloping ground, and they required extensive tree removal. Computer models (accurate within a `/4 mile) make it clear that the Walnut Street location is the most effective and suitable site, not only for your neighborhood but for many surrounding neighborhoods and businesses as well. Who Will be Served By this Station? Once operational, this fire station will serve north and northwest Tigard (including Summer Lake), north and northeast Bull Mountain, and portions of southern Beaverton (Progress Ridge & Barrows Road). When Will the Station be Built? TVF&R will begin the design process for the future fire station this July and we will work through the City of Tigard's neighborhood meeting process to ensure community input. Construction costs for the station will be included in a bond measure that TVF&R may place on the November 2006 ballot. The goal is to break ground on the station in July 2007. For more information as this important project moves forward, please contact Community Liaison Storm Smith at 503-356-4713 or storm.smithRtvfr.com. For general information about TVF&R including fire safety tips, visit www.tvfr.com. TVPORI Tualatin Valley Fire & Rescue F ' Agenda Item # Meeting Date July 11, 2006 COUNCIL AGENDA ITEM SUMMARY City Of Tigard, Oregon Issue/Agenda Title Legislative Public Hearing- Entryway Sign Code Amendment (DCA 2006-00001) Prepared By. Sean Fanelly Dept Head Okay Qty Mgr Okay ISSUE BEFORE THE COUNCIL Should the Council approve the requested Development Code Amendment to create. a definition of Entryway Signs and allow them in all zoning districts? STAFF RECOMMENDATION Staff recommends approving the requested Development Code Amendment by adopting the attached ordinance and tent amendments (Attachment 1), as recommended by motion of the City of Tigard Planning Commission. KEY FACTS AND INFORMATION SUMMARY In January, 2006, the City adopted a new logo to enhance its image and sense of identity. As part of this effort, the City proposed installing signs with the new logo along roads at entry points into the City. A review of the Tigard Community Development Code revealed that there were no provisions for this type of sign. To remedy this, staff drafted proposed changes to amend the Sign Chapter (18.780) of the Tigard Community Development Code. Notice procedures in the development code, including publication of notice in the paper and written notice to the appropriate agencies, were met. On June 5, 2006, the Tigard Planning Commission held a public hearing on the proposed changes. They recommended approval of the amendment by a vote of 5 to 1 in favor, with one abstention (Attachment 2). O'T'HER ALTERNATIVES CONSIDERED None were considered. COUNCIL GOALS AND TIGARD BEYOND TOMORROW VISION STATEMENT Community Character and Quality of Life, Community Aesthetics Goal No. l: Identify and implement projects and activities that enhance aesthetic qualities valued by those who live and work in Tigard. A planned action to implement this is to install portal area signage into Tigard to give the community a more defined entrance by the end of 2005 (e.g., special signage, landscaping themes, etc.) I:\LRPLN\Council Materials\2006\7 11 06 AIS Entryway.doc 1 ATTACHMENT LIST Attachment 1: Ordinance adopting the code amendments Exhibit A. Proposed Code text changes Attachment 2: June 5, 2006 Approved Planning Commission meeting minutes Attachment 3: Staff Report to the Planning Commission FISCAL NOTES Not applicable I:\LRPLN\Council Materials\2006\7 11 06 AIS Entryway.doc 2 QTY OF TIGARD, OREGON TIGARD QTY COUNCIL ORDINANCE NO. 06- M AN ORDINANCE AMENDING THE LANGUAGE OF THE CITY OF TIGARD COMMUNITY DEVELOPMENT GODE, CHAPTER 18.780, TO CREATE A NEW "ENTRYWAY SIGN" CATEGORY, AND TO ALLOW ENTRYWAY SIGNS IN ALL ZONING DISTRICTS. (DCA 2006-00001) WHEREAS, the applicant has requested an amendment to the City of Tigard Community Development Code, Chapter 18.780, to create a definition of Entryway Signs and to allow them in all zoning districts; and WHEREAS, notice was provided to the Department of Land Conservation and Development 45 days prior to the first scheduled public hearing; and WHEREAS, the Tigard Planning Commission held a public meeting on June 5, 2006, and recommended approval of the proposed amendment by motion, with five in favor, one opposed, and one abstention; and WHEREAS, the Tigard City Council has considered applicable Statewide Planning Goals and Guidelines adopted under Oregon Revised Statutes, Chapter 197; any federal or state statutes or regulations found applicable; any applicable Metro regulations; any applicable Comprehensive Plan Policies; and any applicable provisions of the City's implementing ordinances; and WHEREAS, the Tigard City Council has found the following to be the only applicable review criteria: Community Development Code Chapters 18.380, 18.390, and 18.780; Comprehensive Plan Policies 1 and 2; and Statewide Planning Goals 1 and 2; and WHEREAS, the Tigard City Council has determined that the proposed development code amendment is consistent with the applicable review criteria, and that approving the request would be in the best interest of the City of Tigard. NOW, THEREFORE, THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: The specific text amendments attached as "EXHIBIT A" to this Ordinance are hereby adopted and approved by the City Council. SECTION 2: This ordinance shall be effective 30 days after its passage by the Council, signature by the Mayor, and posting by the City Recorder. ORDINANCE No. 06- 09 Page 1 I:\LRPLN\CouncR Materials\2006\71106 ATTACH 1 Entryway Ordinance.doc PASSED: By U naf)I Ir WS voW of all Council members present after being read by number and title only, this day of 111-4, )2006. Ca erine Wheatley, City Recorder APPROVED: By Tigard City Council this day of )2006. 00,7 Craig irksen, Mayor Approved as to form: /j, , I City rney -7. l I. Dl~ Date ORDINANCE No. 0& C Q Page 2 I:\LRPLN\Counca Materiak\2006\71106 ATTACH 1 Entryway Ordinance.doc EXHIBIT A Exhibit A DCA 2006-00001 PROPOSED AMENDMENT TO THE TIGARD COMMUNITY DEVELOPMENT CODE ADDITIONS indicated by Italics and Bold PROPOSED DEVELOPMENT CODE TEXT CHANGES: Chapter 18.780 SIGNS Section 18.780.015 Definitions 18. "Entryway sign" means a sign placed by the City at an entry to the city. [Renumber definitions after No. 18 according to the above amendment.] Section 18.780.090 Special Condition Signs L Entryway Signs 1. Entryway Signs shall be permitted in all districts. I:\LRI'MCouncil Materials\2006\7 11 06 EXHIBIT A Entryway.doc ATTACHMENT 2 Y CITY OF TIGARD PLANNING COMMISSION Meeting Minutes June 5, 2006 1. CALL TO ORDER President Inman called the meeting to order at 7:02 p.m. The meeting was held in the Tigard Civic Center, Town Hall, at 13125 SW Hall Blvd. 2. ROLL CALL Commissioners Present: President Inman; Commissioners Brown, Buehner, Caffall, Duling, Meads, and Munro. Also present was Jeremy Vermilyea, Commission alternate. Commissioners Absent: Commissioners Harbison and Walsh Staff Present: Dick Bewersdorff, Planning Manager, Barbara Shields, Long Range Planning Manager; Sean Farrelly, Associate Planner, Jerree Lewis, Planning Commission Secretary 3. PLANNING COMMISSION COMMUNICATIONS AND COMMITTEE REPORTS Commissioner Caffall reported that the Transportation Financing Task Force has been discussing the Hwy. 99W corridor improvements. When the improvements are under construction, they will try to eliminate some of the entry and exit ways along 99W to help improve traffic flow. The system development program is moving quickly. The grant for the Hwy. 99W improvements is scheduled to be complete by June 1St, however it most likely will be delayed. The Task Force also discussed Greenburg Road and the proposal to realign Center Street. The Burnham Street projects are all funded and ready to go. The Task Force will approach Council for a 3~ gas tax to help fund some of the improvements. Commissioner Buehner advised that the City received notice 8 months ago that the federal grant was approved. ODOT is just now developing the work program. Evidently, this is the first time ODOT has done one of these grants and they have to create a process. The Transportation Financing Task Force has also been discussing the possibility of implementing a City Traffic Impact Fee. Commissioner Duling reported that members of the Committee for Citizen Involvement recently attended neighborhood workshops. Commissioner Duling attended the one at Tigard High School. She said the meeting was informative. PLANNING COMMISSION MEETING MINUTES - June 5, 2006 - Page I Commissioner Buehner advised that there have been some changes with the City Center Advisory Commission. There have been issues with respect to leadership and micromanaging. The Commission went to mediation last fall to resolve issues with the boundaries for the Downtown area. Last week, the Commission called for a vote of no confidence in the leadership. The Commission voted to replace the Chair and then elected Carl Switzer as the new Chair. Commissioner Buehner believes there have been some resignations of Commission members since then, however those that have stayed are very excited about continuing their work. The Commission will hold 2 meetings within the next 2 weeks and report to Council on June 20th. Commissioner Munro advised that CCAC members had requested the resignation occur outside of the Commission. She regrets that members have resigned - they contributed a great deal of time and effort and were a resource that nobody wanted to lose. Commissioner Meads noted that the Park and Recreation Advisory Board has not met. 4. APPROVE MEETING MINUTES It was moved and seconded to approve the May 15, 2006 meeting minutes as submitted. The motion passed by a vote of 6-0. Commissioner Duling abstained. 5. PUBLIC HEARING 5.1 DEVELOPMENT CODE AMENDMENT (DCA) 2006-00001 ENTRYWAY SIGNS CODE AMENDMENT REQUEST: The applicant is requesting approval of a Development Code Amendment to amend the Sign Code Chapter (18.780) of the Tigard Community Development Code. The proposed amendment would amend Section 18.780.015 (Definitions) to add a definition of "Entryway Signs", and Section 18.780.090 (Special Condition Signs) to allow Entryway Signs in all zoning districts. LOCATION: City-wide. ZONE: All zoning districts. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.380.020, 18.390.060, 18.780.015 and 18.780.090; Comprehensive Plan Policies 1 and 2; and Statewide Planning Goal 1 and 2. STAFF REPORT Associate Planner Sean Farrelly presented the proposal on behalf of the City. He advised that installing entryway signs is a part of the City's effort to enhance its sense of identity. Currently, there are no provisions in the Development Code allowing this type of sign. This proposal will amend the sign chapter of the Development Code to add a definition of an entryway sign. It will also add a Special Condition Signs section, permitting entryway signs in all districts. PLANNING COMMISSION MEETING MINUTES - June 5, 2006 - Page 2 i Commissioner Buehner advised that there have been some changes with the City Center Advisory Commission. There have been issues with respect to leadership and micromanaging. The Commission went to mediation last fall to resolve issues with the boundaries for the Downtown area. Last week, the Commission called for a vote of no confidence in the leadership. The Commission voted to replace the Chair and then elected Carl Switzer as the new Chair. Commissioner Buehner believes there have been some resignations of Commission members since then, however those that have stayed are very excited about continuing their work The Commission will hold 2 meetings within the next 2 weeks and report to Council on June 20th. Commissioner Munro advised that CCAC members had requested the resignation occur outside of the Commission. She regrets that members have resigned - they contributed a great deal of time and effort and were a resource that nobody wanted to lose. Commissioner Meads noted that the Park and Recreation Advisory Board has not met. 4. APPROVE MEETING MINUTES It was moved and seconded to approve the May 15, 2006 meeting minutes as submitted. The motion passed by a vote of 6-0. Commissioner Duling abstained. 5. ' PUBLIC HEARING 5.1 DEVELOPMENT CODE AMENDMENT (DCA) 2006-00001 ENTRYWAY SIGNS CODE AMENDMENT REQUEST: The applicant is requesting approval of a Development Code Amendment to amend the Sign Code Chapter (18.780) of the Tigard Community Development Code. The proposed amendment would amend Section 18.780.015 (Definitions) to add a definition of "Entryway Signs", and Section 18.780.090 (Special Condition Signs) to allow Entryway Signs in all zoning districts. LOCATION: City-wide. ZONE: All zoning districts. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.380.020, 18.390.060, 18.780.015 and 18.780.090; Comprehensive Plan Policies 1 and 2; and Statewide Planning Goal 1 and 2. STAFF REPORT Associate Planner Sean Farrelly presented the proposal on behalf of the City. He advised that installing entryway signs is a part of the City's effort to enhance its sense of identity. Currently, there are no provisions in the Development Code allowing this type of sign. This proposal will amend the sign chapter of the Development Code to add a definition of an entryway sign. It will also add a Special Condition Signs section, permitting entryway signs in all districts. PLANNING COMMISSION MEETING MINUTES -June 5, 2006 - Page 2 t Farrelly advised that the proposal is consistent with the stated purpose of the sign chapter. There will be a limited number of these signs and they are unlikely to distract motorists or create sign clutter. The signs will be erected by the City along public roads at entry points into the City to promote the City's image and sense of identity. He said staff recommends the Planning Commission approve the proposal and make a final recommendation to Council. Staff provided the following answers in response to questions and comments from Commissioner Meads: ■ The City is not proposing to replace existing entryway signs. These will be additional signs. The entryway signs will be more like a monument style. • At this point, it's unknown how many signs will be installed. They will be installed along roads at prominent entry points into the City. ■ Staff has not seen any plans yet for the signs. At this point, it is unknown how large the signs will be or what the graphics will look like. The signs will most likely have the City logo, with the words, "Now Entering the City of Tigard". ■ It is unknown what the exact cost will be. The signs will be paid from the Public Works budget. If there isn't funding for the signs, they won't be installed. Cost is not an issue with regard to changing the code. Commissioner Meads noted that all signs are a distraction - the point of having a sign is to draw people's attention to it. She also believes that installing more signs is adding to the proliferation of signs. Staff responded that the plan is to just have them at prominent points in the City - it may just be a handful of signs. This is a part of the branding process for the City. Commissioner Caffall asked if this proposal wasn't premature. We don't know the size, location, what the signs will look like, or how they will be paid for. He would prefer if staff came with more information - perhaps even a prototype. How can he justify voting for something that he hasn't seen? Staff responded that the City just does not know the answers at this point, but the Public Works Department will come up with a design that's acceptable to City Council. Commissioner Duling asked about standards for the signs - will they be alike or similar? This is unknown at this point. Commissioner Buehner advised that she has attended Council meetings when this issue has come up. Council has general idea about the size of the sign and what it would say. She thinks Council plans to install signs at 5-6 locations. Council is still finalizing their plans. President Inman asked if the signs would be more of an entryway monument vs. a regular sign. Staff answered yes. It would require agreements from property owners to put them on PLANNING COMMISSION MEETING MINUTES - June 5, 2006 - Page 3 private property. President Inman asked if there would be any review process involved. Staff said it would be a straight permit process. Commissioner Munro noted that the Planning Commission acts as an advisory board to Council. The brand name was adopted by Council. She supports trusting the City and agrees that the Council will make sure funding is available. She stated that the role of the Commission is to look at this in the context of making an amendment to the Code, not to comment on the signs or the budget. PUBLIC TESTIMONY None PUBLIC HEARING CLOSED Commissioner Buehner moved that the Planning Commission make a recommendation to Council to approve the amendment of the Development Code, DCA 2006-00001, to amend the sign code to allow for entryway signs, as presented in the staff report. Commissioner Munro seconded the motion. The motion passed by a vote of 5-1. Commissioner Meads voted no and Commissioner Caffall abstained. 5.2 DEVELOPMENT CODE AMENDMENT (DCA) 2006-00002 CULTURAL INSTITUTIONS CODE AMENDMENT REQUEST: The applicant is requesting approval of a Development Code Amendment to amend the Use Classifications Chapter (18.130) and the Sign Code Chapter (18.780) of the Tigard Community Development Code. The proposed amendment would amend the uses allowed under Civic Use Types (Section 18.130.020.B.4) to allow incidental and subordinate commercial uses (such as a gift shop, bookstore, and limited food and beverage services). In addition, a new category "Cultural Institution Auxiliary Signs" would be created in the Special Condition Signs (Section 18.780.090). LOCATION: Within Cultural Institutions. ZONE: All zones where Cultural Institutions are an allowed use. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.130.020, 18.380.020, 18.390.060, 18.780.015 and 18.780.090; Comprehensive Plan Policies 1 and 2; and Statewide Planning Goal 1 and 2. STAFF REPORT Associate Planner Sean Farrelly presented the proposal on behalf of the City. He advised that the new public library was designed with lobby space for a cafe to allow limited food and beverage service, mainly for library patrons and people attending events in the meeting room. The library is a cultural institution, which is allowed conditionally in the R 12 zone. Eating and drinking establishments are not permitted in this zone. This proposed PLANNING COMMISSION MEETING MINUTES - June 5, 2006 - Page 4 private property. President Inman asked if there would be any review process involved. Staff said it would be a straight permit process. Commissioner Munro noted that the Planning Commission acts as an advisory board to Council. The brand name was adopted by Council. She supports trusting the City and agrees that the Council will make sure funding is available. She stated that the role of the Commission is to look at this in the context of making an amendment to the Code, not to comment on the signs or the budget.. PUBLIC TESTIMONY None PUBLIC HEARING CLOSED Commissioner Buehner moved that the Planning Commission make a recommendation to Council to approve the amendment of the Development Code, DCA 2006-00001, to amend the sign code to allow for entryway signs, as presented in the staff report. Commissioner Munro seconded the motion. The motion passed by a vote of 5-1. Commissioner Meads voted no and Commissioner Caffall abstained. 5.2 DEVELOPMENT CODE AMENDMENT (DCA) 2006-00002 CULTURAL INSTITUTIONS CODE AMENDMENT REQUEST: The applicant is requesting approval of a Development Code Amendment to amend the Use Classifications Chapter (18.130) and the Sign Code Chapter (18.780) of the Tigard Community Development Code. The proposed amendment would amend the uses allowed under Civic Use Types (Section 18.130.020.B.4) to allow incidental and subordinate commercial uses (such as a gift shop, bookstore, and limited food and beverage services). In addition, anew category "Cultural Institution Auxiliary Signs" would be created in the Special Condition Signs (Section 18.780.090). LOCATION: Within Cultural Institutions. ZONE: All zones where Cultural Institutions are an allowed use. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.130.020, 18.380.020, 18.390.060, 18.780.015 and 18.780.090; Comprehensive Plan Policies 1 and 2; and Statewide Planning Goal 1 and 2. STAFF REPORT Associate Planner Sean Farrelly presented the proposal on behalf of the City. He advised that the new public library was designed with lobby space for a cafe to allow limited food and beverage service, mainly for library patrons and people attending events in the meeting room. The library is a cultural institution, which is allowed conditionally in the R 12 zone. Eating and drinking establishments are not permitted in this zone. This proposed PLANNING COMMISSION MEETING MINUTES - June 5, 2006 - Page 4 amendment would clarify the standing of the library's cafe and any similar future situations by adding subordinate and incidental commercial uses to the definition of cultural institutions. The proposal would also call for a new sign category in the Special Condition Signs section of the Development Code. The new category would be called Cultural Institution Auxiliary Signs and would allow the subordinating use to identify itself while restricting the size and placement of the sign. Farrelly reported that accessory uses in cultural institutions are fairly common in other localities. Amending the definition of cultural institutions to allow these incidental and subordinate commercial uses would be beneficial to the institutions and the community. Externalities, such as traffic, are unlikely to be much of an issue because the incidental uses will serve mainly the patrons of the institutions. Signs for the auxiliary use will be unobtrusive - the proposal has a limit of one sign per use, with an area of 4 square feet per face. No new freestanding sign will be allowed. The sign would have to be placed on an existing freestanding sign or on a wall if it is consistent in structure and materials. Staff finds that the amendment meets applicable review criteria and recommends the Planning Comn fission approve the proposal and make a final recommendation to City Council. Commissioner Duling asked if there was any liability to the City for food and beverage service. Farrelly noted that there would be a detailed contract involved with the vendor. Jeremy Vermilyea advised that presumably, there are indemnity and insurance requirements in the contract documents that would protect the City. Commissioner Buehner asked if this type of use would be allowed in other City-owned buildings. Dick Bewersdorff advised that there was a coffee stand at City Hall previously, but City Hall is in commercial zone. The proposed amendment applies to both commercial and residential zones. Commissioner Meads asked why this matter has suddenly come up. Staff answered that the City has had problems keeping vendors at the library and they think that a sign will help. Commissioner Meads asked about the revenue. Staff responded that the City receives a base rent and a percentage of the profits. It was noted that the cafe is more of a service to patrons than a money-maker for the City. Staff reported that no other libraries in Washington County have a cafe, but the new library planned for Hillsboro will have one. PLANNING COMMISSION MEETING MINUTES - June 5, 2006 - Page 5 Commissioner Caffall said no one wants to see a "McDonald's" sign hanging under the library sign. Staff said the signs would be strictly limited to 4 square feet per sign face. If it's going to be on the wall, it has to be of matching materials and structure. Commissioner Munro advised that TriMet has a number of areas where they would like to have concessionaires. She said that having a sign is a common strategy and is needed in order to be competitive. President Inman asked if there were any other places in the City where this would apply and wondered if the City should be limiting this type of use. Staff answered that it would have to be a use that was definitely secondary to the main use as a cultural institution. At this time, this is the only f acility involved. Also, cultural institutions are a conditional use in residential zones, so they would have to go through the conditional use process. PUBLIC TESTIMONY None PUBLIC HEARING CLOSED Commissioner Munro moved to recommend to Council the amendment to the Development Code, DCA 2006-00002, to amend the Use Classification Chapter 18.130 and the Sign Code Chapter 18.780 of the Tigard Community Development Code, as per the staff report and discussions. Commissioner Caffall seconded the motion. The motion passed unanimously. 6. LONG RANGE PLANNING WORK PROGRAM Long Range Planning Manager Barbara Shields discussed the Long Range Planning program and the presentations planned for the Planning Commission for the rest of the year (Exhibit A). She noted that the presentations can be divided into three major groups: ■ Council goals: Comprehensive Plan Update and Downtown. ■ Other programs, such as affordable housing, transportation, funding, environmental issues, parks and trails planning. ■ Overall/ global context for city planning: what impacts urbanization in America and how Tigard relates to the rest of the universe (demographics/ immigration, new urban ideas, economic changes, social changes, sustainability, information; Think Globally/Plan Locally. The presenters will be City planners and invited guests. Commissioner Buehner suggested inviting other boards and committees to attend the presentations. Commissioner Munro suggested inviting someone from the TriMet Planning Department to speak. Shields thinks this is a brilliant idea. PLANNING COMMISSION MEETING MINUTES - June 5, 2006 - Page 6 Commissioner Caffall said no one wants to see a "McDonald's" sign hanging under the library sign. Staff said the signs would be strictly limited to 4 square feet per sign face. If it's going to be on the wall, it has to be of matching materials and structure. Commissioner Munro advised that TriMet has a number of areas where they would like to have concessionaires. She said that having a sign is a common strategy and is needed in order to be competitive. President Inman asked if there were any other places in the City where this would apply and wondered if the City should be limiting this type of use. Staff answered that it would have to be a use that was definitely secondary to the main use as a cultural institution. At this time, this is the only facility involved. Also, cultural institutions are a conditional use in residential zones, so they would have to go through the conditional use process. PUBLIC TESTIMONY None PUBLIC HEARING CLOSED Commissioner Munro moved to recommend to Council the amendment to the Development Code, DCA 2006-00002, to amend the Use Classification Chapter 18.130 and the Sign Code Chapter 18.780 of the Tigard Community Development Code, as per the staff report and discussions. Commissioner Caffall seconded the motion. The motion passed unanimously. 6. LONG RANGE PLANNING WORK PROGRAM Long Range Planning Manager Barbara Shields discussed the Long Range Planning program and the presentations planned for the Planning Commission for the rest of the year (Exhibit A). She noted that the presentations can be divided into three major groups: ■ Council goals: Comprehensive Plan Update and Downtown. ■ Other programs, such as affordable housing, transportation, funding, environmental issues, parks and trails planning. ■ Overall/ global context for city planning: what impacts urbanization in America and how Tigard relates to the rest of the universe (demographics/immigration, new urban ideas, economic changes, social changes, sustainability, information; Think Globally/Plan Locally. The presenters will be City planners and invited guests. Commissioner Buehner suggested inviting other boards and committees to attend the presentations. Commissioner Munro suggested inviting someone from the TriMet Planning Department to speak Shields thinks this is a brilliant idea. PLANNING COMMISSION MEETING MINUTES - June 5, 2006 - Page 6 Commissioner Buehner asked about the timeline for the Commuter Rail Station. Commissioner Munro believes the final funding for the project is set for September or October. Shields advised that the Planning Commission will be looking at specific design standards as part of the Downtown Involvement Program. Shields gave the Commissioners an assignment: between now and August, take 5-10 pictures that identify what they believe Tigard's sense of place is. Include a short description with each picture. Commissioner Buehner suggested Tigard look at allowing taller buildings (3 or 4 stories) to make more efficient use of space, especially in the Downtown and other commercial areas. 7. OTHER BUSINESS Commissioner Meads asked about being able to hold discussions in the conference room rather than in the public setting, much like a jury would do during a trial. Commissioner Buehner advised that the public meeting law prevents holding discussions in private. Commissioner Meads would like to see more interactive discussion amongst the Commissioners during hearings. President Inman agreed that discussions should have a lot more interaction. Commissioner Duling expressed dismay at the approval of the Arlington Heights subdivision on Bull Mountain. This project has no parks, no open space, no Bull Mountain Community Plan; there are also tree removal, steep slopes, erosion, and traffic issues. She wonders how this happened. Staff responded that straight subdivisions do not have to go through the Planning Commission. Commissioner Buehner advised that the PD Review Committee would like to incorporate a lot of the Planned Development code changes into the Subdivision code. Commissioner Duling considers this the "rape of Bull Mountain". 8. ADJOURNMENT The meeting adjourned at 8:23 p.m. i i Jerre ) wis, Planning Commission Secretary ATTEST: President Jodie Inman PLANNING COMMISSION MEETING MINUTES - June 5, 2006 - Page 7 ATTACHMENT 3 Agenda Item: Hearing Date: June 5. 2006 Time: 7:00 PM STAFF REPORT TO THE V PLANNING COMMISSION FOR THE CITY OF TIGARD, OREGON TIGARD SECTION I. APPLICATION SUMMARY FILE NAME: ENTRYWAY SIGNS DEVELOPMENT CODE AMENDMENT FILE NO.: Development Code Amendment (DCA) DCA2006-00001 PROPOSAL: The City is requesting approval of a Development Code Amendment to amend the Sign Code Chapter (18.780) of the Tigard Community Development Code. The proposed amendment would amend Section 18.780.015 (Definitions) to add a definition of "Entryway Signs", and Section 18.780.090 (Special Condition Signs) to allow Entryway Signs in all zoning districts. APPLICANT: City of Tigard OWNER: N/A 13125 SW Hall Boulevard Tigard, OR 97223 LOCATION: City-wide. COMP PLAN/ ZONING DESIGNATION: All zoning districts. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.380.020, 18.390.060, 18.780.015 and 18.780.090; Comprehensive Plan Policies 1 and 2; and Statewide Planning Goals 1 and 2. SECTION II. STAFF RECOMMENDATION Staff recommends that the Planning Commission recommend approval to the Tigard City Council to amend the Sign Code Chapter (18.780) to add a definition of "Entryway Signs" and to allow Entryway Signs in all zoning districts as determined through the public hearing process. DCA2006-00001/ENTRYWAY SIGNS CODE AMENDMENT PAGE 1 OF 4 6/5/06 PUBLIC HEARING STAFF REPORT TO PLANNING COMMISSION SECTION III. BACKGROUND INFORMATION In January, 2006, the City of Tigard adopted a new logo, as part of an effort to enhance its image and sense of identity. To complement this effort, the City proposed to install signs with the new logo along public roads at entry points into the City. A review of the Tigard Community Development Code revealed that there were no provisions for this type of sign. To remedy this, staff working with the City Attorney has drafted changes in the Tigard Development Code, Chapter 18.780: Signs. These changes would add an Entryway Sign definition and allow Entryway Signs in all zoning districts. SECTION IV. APPLICABLE CRITERIA AND FINDINGS Chapter 18.380 states that legislative text amendments shall be undertaken by means of a Type IV procedure, as governed by Section 18.390.060G. Chapter 18.390.060G states that the recommendation by the Commission and the decision by the Council shall be based on consideration of the following factors: THE STATEWIDE PLANNING GOALS AND GUIDELINES ADOPTED UNDER OREGON REVISED STATUTES CHAPTER 197; Notice was provided to DLCD 45 days prior to the first scheduled public hearing as required. In addition, the Tigard Development Code and Comprehensive Plan have been acknowledged by DLCD. The following Statewide Planning Goals are applicable to this proposal: Statewide Planning Goal 1- Citizen Involvement: This goal outlines the citizen involvement requirement for adoption of Comprehensive Plans and for changes to the Comprehensive Plan and implementing documents. This goal has been met by complying with the Tigard Development Code notice requirements set forth in Chapter 18.390. Notice has been published in the Tigard Times Newspaper prior to the public hearing. Two Public Hearings are being held (one before the Planning Commission and the second before the City Council) in which public input is welcome. Statewide Planning Goal 2 - Land Use Planning: This goal outlines the land use planning process and policy framework. The Comprehensive Plan was acknowledged by DLCD as being consistent with the statewide planning goals. The Development Code implements the Comprehensive Plan. The Development Code establishes a process for and policies to review changes to the Development Code consistent with Goal 2. The City's plan provides analysis and policies with which to evaluate a request for amending the Code consistent with Goa 2. APPLICABLE METRO REGULATIONS: There are no applicable Metro regulations with respect to signage or enforcement. APPLICABLE COMPREHENSIVE PLAN POLICIES: Comprehensive Plan Policy 1.1.1: General Policies This policy states that all future legislative changes shall be consistent with the Statewide Planning Goals and the Regional Plan adopted by Metro. As indicated.above under the individual Statewide and Regional Plan goals applicable to this proposed amendment, the amendment is consistent with the Statewide Goals and the Regional Plan. DCA2006-00001/ENTRYWAY SIGNS CODE AMENDMENT PAGE 2 OF 4 6/5/06 PUBLIC HEARING STAFF REPORT' TO PLANNING COMMISSION SECTION III. BACKGROUND INFORMATION In January, 2006, the City of Tigard adopted a new logo, as part of an effort to enhance its image and sense of identity. To complement this effort, the City proposed to install signs with the new logo along public roads at entry points into the City. A review of the Tigard Community Development Code revealed that there were no provisions for this type of sign. To remedy this, staff working with the City Attorney has drafted changes in the Tigard Development Code, Chapter 18.780: Signs. These changes would add an Entryway Sign definition and allow Entryway Signs in all zoning districts. SECTION IV. APPLICABLE CRITERIA AND FINDINGS Chapter 18.380 states that legislative text amendments shall be undertaken by means of a Type IV procedure, as governed by Section 18.390.060G. Chapter 18.390.060G states that the recommendation by the Commission and the decision by the Council shall be based on consideration of the following factors: THE STATEWIDE PLANNING GOALS AND GUIDELINES ADOPTED UNDER OREGON REVISED STATUTES CHAPTER 197; Notice was provided to DLCD 45 days prior to the first scheduled public hearing as required. In addition, the Tigard Development Code and Comprehensive Plan have been acknowledged by DLCD. The following Statewide Planning Goals are applicable to this proposal: Statewide Planning Goal 1- Citizen Involvement: This goal outlines the citizen involvement requirement for adoption of Comprehensive Plans and for changes to the Comprehensive Plan and implementing documents. This goal has been met by complying with the Tigard Development Code notice requirements set forth in Chapter 18.390. Notice has been ublished in the Tigard Times News a er prior to the public hearing. Two Publi c Hearings are bein held one before the Planning Commission a nd the second before the City Council) in which public input is welcome. Statewide Planning Goal 2 - Land Use Planning: This goal outlines the land use planning process and policy framework. The Comprehensive Plan was acknowledged by DLCD as being consistent with the statewide planning goals. The Development Code implements the Comprehensive Plan. The Development Code establishes a process for and policies to review changes to the Development Code consistent with Goal 2. The City's plan provides analysis and policies with which to evaluate a request for amending the Code consistent with Goal 2. APPLICABLE METRO REGULATIONS: There are no applicable Metro regulations with respect to signage or enforcement. APPLICABLE COMPREHENSIVE PLAN POLICIES: Comprehensive Plan Policy 1.1.1: General Policies This policy states that all future legislative changes shall be consistent with the Statewide Planning Goals and the Regional Plan adopted by Metro. As indicated above under the individual Statewide and Regional Plan goals applicable to this proposed amendment, the amendment is consistent with the Statewide Goals and the Regional Plan. DCA2006-00001/ENTRYWAY SIGNS CODE AMENDMENT PAGE 2 OF 4 6/5/06 PUBLIC HEARING STAFF REPORT TO PLANNING COMMISSION Comprehensive Plan Policies 2.1.1, 2.1.2, and 2.1.3.: Citizen Involvement These policies state that the City shall maintain an ongoing citizen involvement program, provide opportunities for citizen involvement appropriate to the scale of the planning effort and that information on land use planning issues shall be available in understandable form for all interested citizens. This policy is satisfied because notice of the Planning Commission public hearing as published in the Tigard Times on May 18, 2006. Notice will be published again prior to the City Cowuncil public hearing. The written notices invited public input and included the phone number of a contact person to answer any questions. The information was written in plain, understandable language that avoided jargon. APPLICABLE PROVISION OF THE CITY'S IMPLEMENTING ORDINANCES. Tigard Development Code Chapter 18.780: Signs This chapter establishes procedures and criteria for erecting signage within the City. The purpose of the sign regulations is: 1. To protect the health, safety, property and welfare of the public; 2. To promote the neat, clean, orderly and attractive appearance of the community; 3. To accommodate the need of sign users while avoiding nuisances to nearby properties; 4. To insure for safe construction, location, erection and maintenance of signs; 5. To prevent proliferation of signs and sign clutter; and 6. To minimize distractions for motorists on public highways and streets. The proposal for entryway signs is consistent with the stated purpose. This type of sign would be erected by the City along public roads at a limited number of entry points to the City. Because there are a limited number of sites where this would be appropriate, this type of sign is unlikely to distract motorists or add to sign clutter. The proposed sign classification would promote the City's image and sense of identity. Tigard Development Code Chapter 18.380: Zoning Map and Text Amendments This chapter sets forth the standards and process governing legislative and quasi-judicial amendments to this tide and zoning district map. Legislative zoning map and text amendments shall be undertaken by means of a Type IV procedure, as governed by Section 18.390.060G. Therefore, the proposed text amendments to the Tigard Development Code will be reviewed under the Type IV legislative procedure as set forth in the chapter. Tigard Development Code Chapter 18.390: Decision-Making Procedures This chapter establishes standard decision-making procedures for reviewing applications. The amendment under consideration will be reviewed under the Type IV legislative procedure as detailed in the chapter. Section 18.390.060G states that the recommendation by the Commission and the decision b the Council shall be based on consideration of the following factors (reviewed above), including: 1~ Statewide Planning Goals and Guidelines, 2) applicable federal of state statues of regulations, 3) applicable METRO regulations, 4) applicable comprehensive plan policies, and 5) applicable provisions of the City's implementing ordinances. SECTION V. ADDITIONAL CITY STAFF COMMENTS The City of Tigard's Long Range Planning Division, Building Division, City Administration, Community Development Department, Engineering Department, Police Department, and Public Works have had an opportunity to review this proposal and have no objections. DCA2006-00001/ENTRYWAY SIGNS CODE AMENDMENT PAGE 3 OF 4 6/5/06 PUBLIC HEARING STAFF REPORT-TO PLANNING COMMISSION SECTION VI. OUTSIDE AGENCY COMMENTS The Oregon Department of Land Conservation and Development, Metro, Oregon Department of Transportation, Washington County Department of Land Use and Transportation, and the Planning Directors of the cities of Durham, King City, Lake Oswego, Portland, and Tualatin were notified of the proposed amendments and did not respond. The City of Beaverton Planning Manager has had an opportunity to review this proposal and made the following comment: "For consistency with other sign code provisions, you may want to consider placing a maximum size (area) and height on this sign type." Response: No dimensions for these signs have been contemplated at this time. However, the Entryway Signs will be erected by the City and be designed to fit the context of where they are placed. ATTACHMENT: EXHIBIT A: PROPOSED AMENDMENTS TO THE TIGARD COMMUNITY DEVELOPMENT CODE. May 24 , 2006 PREPARED BY: Sean Farrelly DATE Associate Planner May 24.2006 APPROVED BY: Tom Coffee DATE Interim Community Development Director DCA2006-00001 / ENTRYWAY SIGNS CODE AMENDMENT PAG1 4 OF 4 6/5/06 PUBLIC HEARING STAFF REPORT TO PLANNING COMMISSION SECTION VI. OUTSIDE AGENCY COMMENTS The Oregon Department of Land Conservation and Development, Metro, Oregon Department of Transportation, Washington County Department of Land Use and Transportation, and the Planning Directors of the cities of Durham, King City, Lake Oswego, Portland, and Tualatin were notified of the proposed amendments and did not respond. The City of Beaverton Planning Manager has had an opportunity to review this proposal and made the following comment: ".`For consistency with other sign code provisions, you may want to consider placing a maximum size (area) and height on this sign type." Rerbonse: No dimensions for these signs have been contemplated at this time. However, the Entryway Signs will be erected by the City and be designed to fit the context of where they are placed. ATTACHMENT: EXHIBIT A: PROPOSED AMENDMENTS TO THE TIGARD COMMUNITY DEVELOPMENT CODE. May 24 , 2006 PREPARED BY: Sean Farrelly DATE Associate Planner May 24 , 2006 APPROVED BY: Tom Coffee DATE Interim Community Development Director DCA2006-00001 /ENTRYWAY SIGNS CODE AMENDMENT PAGE 4 OF 4 6/5/06 PUBLIC HEARING STAFF REPORT TO PLANNING COMMISSION x Agenda Item # 6 Meeting Date nn,~ 6LL T~ COUNCIL AGENDA ITEM SUMMARY (26n- ~n u eJJ City Of Tigard, Oregon g / R l ao Issue/Agenda Title Legislative Public Hearing- Incidental Commercial Uses in Cultural Institutions Code Amendment QCA 2006-00002) Prepared BY Sean Farrelly Dept Head Okay G City Mgr Okay C'Jl ISSUE BEFORE THE COUNCIL Should the Council approve the requested Development Code Amendment to allow incidental and subordinate commercial uses in Cultural Institutions and create a category of Cultural Institution Auxiliary Signs? STAFF RECOMMENDATION Staff recommends approving the requested Development Code Amendment by adopting the attached ordinance and text amendments (Attachment 1), as recommended by motion of the City of Tigard Planning Commission. KEY FACTS AND INFORMATION SUMMARY The proposed amendment would clarify the status of a cafe that occupies the space in the Tigard Library by allowing incidental and subordinate uses in Cultural Institutions. A new category of Cultural Institution Auxiliary Signs would be created with strict limits. Only one sign is allowed and is limited to 4 square feet.per face. The sign must be either within an existing free standing sign, or a wall sign, consistent in structure and materials with any existing wall sign on the Cultural Institution. Staff drafted proposed changes to amend the Use Chapter (18.130) and Sign Chapter (18.780) of the Tigard Community Development Code. Notice procedures in the development code, including publication of notice in the paper, and written notice to the appropriate agencies were met. On June 5, 2006, the Tigard Planning Commission held a public hearing on the proposed changes. They recommended approval of the amendment by a unanimous vote (Attachment 2). OTHER ALTERNATIVES CONSIDERED None were considered. COUNCIL GOALS AND TIGARD BEYOND TOMORROW VISION STATEMENT Not applicable. I:\LRPLN\Council Materials\2006\7 11 06 AIS Cultural Inst.doc 1 Attachment 1: Ordinance adopting the code amendments Exhibit A. Proposed Code text changes Attachment 2: June 5, 2006 Approved Planning Commission meeting minutes Attachment 3: Staff Report to the Planning Commission FISCAL NOTES Not applicable I:\LRPLN\Council Materials\2006\7 11 06 AIS Cultural Inst.doc 2 r' ATTACHMENT I QTY OF TIGARD, OREGON TIGARD CITY COUNCIL ORDINANCE NO. 06- AN ORDINANCE AMENDING THE LANGUAGE OF THE TIGARD GOMA4UNITY DEVELOPMENT CODE, Cf-IAPTERS 18.130 AND 18.780, TO ALLOW INCIDENTAL AND SUBORDINATE COMMERCIAL USES IN CULTURAL INSTITUTIONS AND TO CREATE A "CULTURAL INSTITUTION AUXILIARY SIGN" CATEGORY (DCA 2006-00002.) WHEREAS, the applicant has requested an amendment to the Tigard Community Development Code Chapters 18.130 and 18.780, to allow incidental and subordinate commercial uses in Cultural Institutions and create a new "Cultural Institution Auxiliary Sign" category; and WHEREAS, notice was provided to the Department of Land Conservation and Development 45 days prior to the first scheduled public hearing; and WHEREAS, the Tigard Planning Commission held a public meeting on June 5, 2006, and recommended approval of the proposed amendment by motion with a unanimous vote; and WI-iEREAS, the Tigard City Council has considered applicable Statewide Planning Goals and Guidelines adopted under Oregon Revised Statutes Chapter 197; any federal or state statutes or regulations found applicable; any applicable Metro regulations; any applicable Comprehensive Plan Policies; and any applicable provisions of the Gay's implementing ordinances; and WHEREAS, the 'Tigard City Council has found the following to be the only applicable review criteria: Community Development Code Chapters 18.130, 18.380, 18.390, and 18.780; Comprehensive Plan Policies 1 and 2; and Statewide Planning Goals 1 and 2. WHEREAS, the Tigard City Council has determined that the proposed development code amendment is consistent with the applicable review criteria, and that approving the request would be in the best interest of. the City of Tigard. NOW, THEREFORE, THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: The specific text amendments attached as "EXHIBIT A" to this Ordinance are hereby adopted and approved by the City Council. SECTION 2: This ordinance shall be effective 30 days after its passage by the Gouncil, signature by the Mayor, and posting by the City Recorder. ORDINANCE No. 06- Page 1 IALU MCound Materials\2006\71106 ATTACH 1 CA Inst Ord mce.doc PASSED: By vote of all Council members present after being read by number and title only, this day of )2006. Catherine Wheatley, City Recorder APPROVED: By Tigard City Council this day of )2006. Craig Dirksen, Mayor Approved as to form: City Attorney Date ORDINANCE No. 00- Page 2 I URPLMCound Materials\2006\71106 ATPAC H 1 Cult Inst Oniinance.doc EXHIBIT A DCA 2006-00002 PROPOSED AMENDMENTS TO THE TIGARD COMMUNITY DEVELOPMENT CODE ADDITIONS indicated by Italics and Bold PROPOSED DEVELOPMENT CODE TEXT CHANGES: Chapter 18.130 USE CLASSIFICATIONS Section 18.130.020 Listing of Use Categories B. Civic use types. 4. Cultural Institutions: Public or non-profit cultural facilities including libraries, museums and galleries. May include incidental and subordinate commercial uses such as a gift shop, bookstore, and limited food and beverage services. Chapter 18.780 SIGNS Section 18.780.015 Definitions 12. "Cultural Institution Auxiliary Sign" means a sign placed and maintained by, or on behalf of, a subordinate commercial use in a Cultural Institution. [Renumber definitions after No. 12 according to the above amendment.] Section 18.780.090 Special Condition Signs J. Cultural Institution Auxiliary Signs 1. Cultural Institution Auxiliary Signs shall be permitted in all zoning districts. 2. Cultural Institution Auxiliary Signs are limited to one sign and must be either within the same sign structure as another free-standing sign on the property where the Cultural Institution is located or on a wall of the primary building of the Cultural Institution. A wall sign must be consistent in structure and materials with any existing wall sign on the Cultural Institution. The sign area of a Cultural Institution Auxiliary Sign shall not exceed 4 square feet per face. ATTACHMENT 2 r CITY OF TIGARD PLANNING COMMISSION Meeting Minutes June 5, 2006 1. CALL TO ORDER President Inman called the meeting to order at 7:02 p.m The meeting was held in the Tigard Civic Center, Town Hall, at 13125 SW Hall Blvd. 2. ROLL CALL Commissioners Present: President Inman; Commissioners Brown, Buehner, Caffall, Duling, Meads, and Munro. Also present was Jeremy Vermilyea, Commission alternate. Commissioners Absent: Commissioners Harbison and Walsh Staff Present: Dick Bewersdorff, Planning Manager, Barbara Shields, Long Range Planning Manager, Sean Farnelly, Associate Planner, Jerree Lewis, Planning Commission Secretary 3. PLANNING COMMISSION COMMUNICATIONS AND COMMITTEE REPORTS Commissioner Caffall reported that the Transportation Financing Task Force has been discussing the Hwy. 99W corridor improvements. When the improvements are under constriction, they will try to eliminate some of the entry and exit ways along 99W to help improve traffic flow. The system development program is moving quickly. The grant for the Hwy. 99W improvements is scheduled to be complete by June 1st, however it most likely will be delayed. The Task Force also discussed Greenburg Road and the proposal to realign Center Street. The Burnham Street projects are all funded and ready to go. The Task Force will approach Council for a 3~ gas tax to help fund some of the improvements. Commissioner Buehner advised that the City received notice 8 months ago that the federal grant was approved. ODOT is just now developing the work program Evidently, this is the fast time ODOT has done one of these grants and they have to create a process. The Transportation Financing Task Force has also been discussing the possibility of implementing a Gty Traffic Impact Fee. Commissioner Duling reported that members of the Committee for Citizen Involvement recently attended neighborhood workshops. Commissioner Duling attended the one at Tigard High School. She said the meeting was informative. PLANNING COMMISSION MEETING MINUTES - June 5, 2006 - Page I Conunissioner Buehner advised that there have been some changes with the City Center Advisory Commission. There have been issues with respect to leadership and micromanaging. The Commission went to mediation last fall to resolve issues with the boundaries for the Downtown area. Last week, the Commission called for a vote of no confidence in the leadership. The Commission voted to replace the Chair and then elected Carl Switzer as the new Chair. Commissioner Buehner believes there have been some resignations of Commission members since then, however those that have stayed are very excited about continuing their work The Commission will hold 2 meetings within the next 2 weeks and report to Council on June 20th. Commissioner Munro advised that CCAC members had requested the resignation occur outside of the Commission. She regrets that members have resigned - they contributed a great deal of time and effort and were a resource that nobody wanted to lose. Commissioner Meads noted that the Park and Recreation Advisory Board has not met. 4. APPROVE MEETING MINUTES It was moved and seconded to approve the May 15, 2006 meeting minutes as submitted. The motion passed by a vote of 6-0. Commissioner Duling abstained. 5. PUBLIC HEARING 5.1 DEVELOPMENT CODE AMENDMENT (DCA) 2006-00001 ENTRYWAY SIGNS CODE AMENDMENT REQUEST: The applicant is requesting approval of a Development Code Amendment to amend the Sign Code Chapter (18.780) of the Tigard Community Development Code. The proposed amendment would amend Section 18.780.015 (Definitions) to add a definition of "Entryway Signs", and Section 18.780.090 (Special Condition Signs) to allow Entryway Signs in all zoning districts. LOCATION: City-wide. ZONE: All zoning districts. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.380.020, 18.390.060, 18.780.015 and 18.780.090; Comprehensive Plan Policies 1 and 2; and Statewide Planning Goal 1 and 2. STAFF REPORT Associate Planner Sean Farrelly presented the proposal on behalf of the City. He advised that installing entryway signs is a part of the City's effort to enhance its sense of identity. Currently, there are no provisions in the Development Code allowing this type of sign. This proposal will amend the sign chapter of the Development Code to add a definition of an entryway sign. It will also add a Special Condition Signs section, permitting entryway signs in all districts. PLANNING COMMISSION MEETING MINUTES - June 5, 2006 - Page 2 Commissioner Buehner advised that there have been some changes with the City Center AdvisoryCommission. There have been issues with respect to leadership and micromlanaging. The Commission went to mediation last fall to resolve issues with the boundaries for the Downtown area. Last week, the Commission called for a vote of no confidence in the leadership. The Commission voted to replace the Chair and then elected Carl Switzer as the new Chair. Commissioner Buehner believes there have been some resignations of Commission members since then, however those that have stayed are very excited about continuing their work The Commission will hold 2 meetings within the next 2 weeks and report to Council on June 20th. Commissioner Munro advised that C CAC members had requested the resignation occur outside of the Commission. She regrets that members have resigned - they contributed a great deal of time and effort and were a resource that nobody wanted to lose. Commissioner Meads noted that the Park and Recreation Advisory Board has not met. 4. APPROVE MEETING MINUTES It was moved and seconded to approve the May 15, 2006 meeting minutes as submitted. The motion passed by a vote of 6-0. Commissioner Duling abstained. 5. PUBLIC HEARING 5.1 DEVELOPMENT CODE AMENDMENT (DCA) 2006-00001 ENTRYWAY SIGNS CODE AMENDMENT RE QUEST: The applicant is requesting approval of a Development Code Amendment to amend the Sign Code Chapter (18.780) of the Tigard Community Development. Code. The proposed amendment would amend Section 18.780.015 (Definitions) to add a definition of "Entryway Signs", and Section 18.780.090 (Special Condition Signs) to allow Entryway Signs in all zoning districts. LOCATION: City-wide. ZONE: All zoning districts. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.380.020, 18.390.060, 18.780.015 and 18.780.090; Comprehensive Plan Policies 1 and 2; and Statewide Planning Goal 1 and 2. STAFF REPORT Associate Planner Sean Farrelly presented the proposal on behalf of the City. He advised that installing entryway signs is a part of the City's effort to enhance its sense of identity. Currently, there are no provisions in the Development Code allowing this type of sign. This proposal will amend the sign chapter of the Development Code to add a definition of an entryway sign. It will also add a Special Condition Signs section, permitting entryway signs in all districts. PLANNING COMMISSION MEETING MINUTES - June 5, 2006 - Page 2 Farrelly advised that the proposal is consistent with the stated purpose of the sign chapter. There will be a limited number of these signs and they are unlikely to distract motorists -or create sign clutter. The signs will be erected by the City along public. roads at entry points into the City to promote the City's image and sense of identity. He said staff recommends the Planning Commission approve the proposal and make a final recommendation to Council. Staff provided the following an swers in response to questions and comments from Commissioner Meads: ■ The City is not proposing to replace existing entryway signs. These will be additional signs. The entryway signs will be more like a monument style. • At this point, it's unknown how many signs will be installed. They will be installed along roads at prominent entry points into the City. ■ Staff has not seen any plans yet for the signs. At this point, it is unknown how large the signs will be or what the graphics will look like. The signs will most likely have the City logo, with the words, "Now Entering the City of Tigard". ■ It is unknown what the exact cost will be. The signs will be paid from the Public Works budget. If there isn't funding for the signs, they won't be installed. Cost is not an issue with regard to changing the code. Commissioner Meads noted that all signs are a distraction - the point of having a sign is to draw people's attention to it., She also believes that installing more signs is adding to the proliferation of signs. Staff responded that the plan is to just have them at prominent points in the City - it may just be a handful of signs. This is a part of the branding process for the City. Commissioner Caffall asked if this proposal wasn't premature. We don't know the size, location, what the signs will look like, or how they will be paid for. He would prefer if staff came with more information - perhaps even a prototype. How can he justify voting for something that he hasn't seen? Staff responded that the City just does not know the answers at this point, but the Public Works Department will come up with a design that's acceptable to City Council. Commissioner Duling asked about standards for the signs - will they be alike or similar? This is unknown at this point. Commissioner Buehner advised that she has attended Council meetings when this issue has come up. Council has general idea about the size of the sign and what it would say. She thinks Council plans to install signs at 5-6 locations. Council is still finalizing their plans. President Inman asked if the signs would be more of an entryway monument vs. a regular sign. Staff answered yes. It would require agreements from property owners to put them on PLANNING COMMISSION MEETING MINUTES - June 5, 2006 - Page 3 private property. President Inman asked if there would be any review process involved. Staff said it would be a straight permit process. Commissioner Munro noted that the Planning Commission acts as an advisory board to Council. The brand name was adopted by Council. She supports trusting the City and, agrees that the Council will make sure funding is available. She stated that the role of the Commission is to look at this in the context. of making an amendment to the Code, not to comment on the signs or the budget. PUBLIC TESTIMONY None PUBLIC HEARING CLOSED Commissioner Buehner moved that the Planning Commission make a recommendation to Council to approve the amendment of the Development Code, DCA 2006-00001, to amend the sign code to allow for entryway signs, as presented in the staff report. Commissioner Munro seconded the motion. The motion passed by a vote of 5-1. Commissioner Meads voted no and Commissioner Caffall abstained. 5.2 DEVELOPMENT CODE AMENDMENT (DCA) 2006-00002 CULTURAL INSTITUTIONS CODE AMENDMENT REQUEST: The applicant is requesting approval of a Development Code Amendment to amend the Use Classifications Chapter (18.130) and the Sign Code Chapter (18.780) of the Tigard Community Development Code. The proposed amendment would amend the uses.allowed under Civic Use Types (Section 18.130.020.B.4) to allow incidental and subordinate commercial uses (such as a gift shop, bookstore, and limited food and beverage services). In addition, a new category "Cultural Institution Auxiliary Signs" would be created in the Special Condition Signs (Section 18.780.090). LOCATION: Within Cultural Institutions. ZONE: All zones where Cultural Institutions are an allowed use. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.130.020, 18.380.020, 18.390.060, 18.780.015 and 18.780.090; Comprehensive Plan Policies 1 and 2; and Statewide Planning Goal 1 and 2. STAFF REPORT Associate Planner Sean Farrelly presented the proposal on behalf of the City. He advised that the new public library was designed with lobby space for a cafe to allow limited food and beverage service, mainly for library patrons and people attending events in the meeting room. The library is a cultural institution, which is allowed conditionally in the R 12 zone. Eating and drinking establishments are not permitted in this zone. This proposed PLANNING COMMISSION MEETING MINUTES - June 5, 2006 - Page 4 private property. President Inman asked if there would be any review process involved. Staff said it would be a straight permit process. Commissioner Munro noted that the Planning Commission acts as an advisory board to Council. The brand name was adopted by Council. She supports trusting the City and agrees that the Council will make sure funding is available. She stated that the role of the Commission is to look at this in the context. of making an amendment to the Code, not to comment on the signs or the budget. PUBLIC TESTIMONY None PUBLIC HEARING CLOSED Commissioner Buehner moved that the Planning Commission make a recommendation to Council to approve the amendment of the Development Code, DCA 2006-00001, to amend the sign code to allow for entryway signs, as presented in the staff report. Commissioner Munro seconded the motion. The motion passed by a vote of 5-1. Commissioner Meads voted no and Commissioner Caffall abstained. 5.2 DEVELOPMENT CODE AMENDMENT (DCA) 2006-00002 CULTURAL INSTITUTIONS CODE AMENDMENT REQUEST: The applicant is requesting approval of a Development Code Amendment to amend the Use Classifications Chapter (18.130) and the Sign Code Chapter (18.780) of the Tigard Community Development Code. The proposed amendment would amend the uses .allowed under Civic Use Types (Section 18.130..020.B.4) to allow incidental and subon linate commercial uses (such as a gift shop, bookstore, and limited food and beverage services). In addition, anew category "Cultural Institution Auxiliary Signs" would be created in the Special Condition Signs (Section 18.780.090). LOCATION: Within Cultural Institutions. ZONE: All zones where Cultural Institutions are an allowed use. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.130.020, 18.380.020, 18.390.060, 18.780.015 and 18.780.090; Comprehensive Plan Policies 1 and 2; and Statewide Planning Goal 1 and 2. STAFF REPORT Associate Planner Sea n Farrelly presented the proposal on behalf of the City. He advised that the new public library was designed with lobby space for a cafe to allow limited food and beverage service, mainly for library patrons and people attending events in the meeting room. The library is a cultural institution, which is allowed conditionally in the R- 12 zone. Eating and drinking establishments are not permitted in this zone. This proposed PLANNING COMMISSION MEETING MINUTES - June 5, 2006 - Page 4 amendment would clarify the standing of the librar/s cafe and any similar future situations by adding subordinate and incidental commercial uses to the definition of cultural institutions. The proposal would also call for a new sign category in the Special Condition Signs section of the Development Code. The new category would be called Cultural Institution Auxiliary Signs and would allow the subordinating use to identify itself while restricting the size and placement of the sign. Farrelly reported that accessory uses in cultural institutions are fairly common in other localities. Amending the definition of cultural institutions to allow these incidental and subordinate commercial uses would be beneficial to the institutions and the community. Externalities, such as traffic, are unlikely to be much of an issue because the incidental uses will serve mainly the patrons of the institutions. Signs for the auxiliary use will be unobtrusive - the proposal has a limit of one sign per use, with an area of 4 square feet per face. No new freestanding sign will be allowed. The sign would have to be placed on an existing freestanding sign or on a wall if it is consistent in structure and materials. Staff finds that the amendment meets applicable review criteria and recommends the Planning Commission approve the proposal and make a final recommendation to City Council. Commissioner Duling asked if there was any liability to the City for food and beverage service. Farrelly noted that there would be a detailed contract involved with the vendor. Jeremy Vermilyea advised that presumably, there are indemnity and insurance requirements in the contract documents that would protect the City. Commissioner Buehner asked if this type of use would be allowed in other City-owned buildings. Dick Bewersdorff advised that there was a coffee stand at City Hall previously, but City Hall is in commercial zone. The proposed amendment applies to both commercial and residential zones. Commissioner Meads asked why this matter has suddenly come up. Staff answered that the City has had problems keeping vendors at the library and they think that a sign will help. Commissioner Meads asked about the revenue. Staff responded that the City receives a base rent and a percentage of the profits. It was noted that the cafe is more of a service to patrons than a money-maker for the City. Staff reported that no other libraries in Washington County have a cafe, but the new library planned for Hillsboro will have one. PLANNING COMMISSION MEETING MINUTES - June 5, 2006 - Page 5 Commissioner Caffall said no one wants to see a "McDonald's" sign hanging under the library sign. Staff said the signs would be strictly limited to 4 square feet per sign face. If it's going to be on the wall, it has to be of matching materials and structure. Commissioner Munro advised that TriMet has a number of areas where they would like to have concessionaires. She said that having a.sign is a common strategy and is needed in. order to be competitive. President Inman asked if there were any other places in the City where this would apply and wondered if the City should be limiting this type of use. Staff answered that it would have to be a use that was definitely secondary to the.main.use as a cultural institution. At this time,. this is the only facility involved. Also, cultural institutions are a conditional use in residential zones, so they would have to go through the conditional use process. PUBLIC TESTIMONY None PUBLIC HEARING CLOSED Commissioner Munro moved to recommend to Council the amendment to the Development Code, DCA 2006-00002, to amend the Use Classification Chapter 18.130 and the Sign Code Chapter 18.780 of the Tigard Community Development Code, as per the staff report and. discussions. Commissioner. Caffall seconded the motion. The motion passed unanimously. 6. LONG RANGE PLANNING WORK PROGRAM Long Range Planning Manager Barbara Shields discussed the Long Range Planning program and the presentations planned for the Planning Commission for the rest of the year (Exhibit A). She noted that the presentations can be divided into three major groups: ■ Council goals: Comprehensive Plan Update and Downtown. ■ Other programs, such as affordable housing, transportation, funding, environmental issues, parks and trails planning. Overall/ global context for city planning: what impacts urbanization in America and how Tigard relates to the rest of the universe (demographics/immigration, new urban ideas, economic changes, social changes, sustainability, information; Think Globally/Plan Locally. The presenters will be City planners and invited guests. Commissioner Buehner suggested inviting other boards and committees to attend the presentations. Commissioner Munro suggested inviting someone from the TriMet Planning Department to speak. Shields thinks this is a brilliant idea. PLANNING COMMISSION MEETING MINUTES - June 5, 2006 - Page 6 Commissioner Caffall said no one wants to see a "McDonald's" sign hanging under the library sign. Staff said the signs would be strictly limited to 4 square feet per sign face. If it's going to be on the wall, it has to be of matching materials and structure. Commissioner Munro advised that TriMet has a number of areas where they would like to have concessionaires. She said that having a sign is a common strategy and is needed in order to be competitive. President Inman asked if there were any other places in the City where this would apply and wondered if the City should be limiting this type of use. Staff answered that it would have to be a use that was definitely secondary to the main. use as a cultural institution. At this time, this is the only facility involved. Also, cultural institutions are a conditional use in residential. zones, so they would have to go through the conditional use process. PUBLIC TESTIMONY None PUBLIC HEARING CLOSED Commissioner Munro moved to recommend to Council the amendment to the Development Code, DCA 2006-00002, to amend the Use Classification Chapter 18.130 and the Sign Code Chapter 18.780 of the Tigard Community Development Code, as per the staff report and discussions. Commissioner Caffall seconded the motion. The motion passed unanimously. 6. LONG RANGE PLANNING WORK PROGRAM Long Range Planning Manager Barbara Shields discussed the Long Range Planning program and the presentations planned for the Planning Commission for the rest of the year (Exhibit A). She noted that the presentations can be divided into three major groups: ■ Council goals: Comprehensive Plan Update and Downtown. ■ Other programs, such as affordable housing, transportation, funding, environmental issues, parks and trails planning. ■ Overall/global context for city planning: what impacts urbanization in America and how Tigard relates to the rest of the universe (demographics/immigration, new urban ideas, economic changes, social changes, sustainability, information; Think Globally/Plan Locally. The presenters will be City planners and invited guests. Commissioner Buehner suggested inviting other boards and committees to attend the presentations. Commissioner Munro suggested inviting someone from the TriMet Planning Department to speak: Shields thinks this is a brilliant idea. PLANNING COMMISSION MEETING MINUTES - June 5, 2006 -Page 6 Commissioner Buehner asked about the timeline for the Commuter Rail Station. Commissioner Munro believes the final funding for the project is set for September or October. Shields advised that the Planning Commission will be looking at specific design standards as part of the Downtown Involvement Program. Shields gave the Commissioners an assignment: between now and.August, take 5-10 pictures that identify what they believe Tigard's sense of place is. Include a short description with each picture. Commissioner Buehner suggested Tigard look at allowing taller buildings (3 or 4 stories) to make more efficient use of space, especially in the Downtown and other commercial areas. 7. OTHER BUSINESS Commissioner Meads asked about being able to hold discussions in the conference room rather than in the public setting, much like a jury would do during a trial Commissioner Buehner advised that the public meeting law prevents holding discussions in private. Commissioner Meads would like to see more interactive discussion amongst the Commissioners during hearings. President Inman agreed that discussions should have a lot more interaction. Commissioner Duling expressed dismay at the approval of the Arlington Heights subdivision on Bull Mountain. This project has no parks, no open space, no Bull Mountain Community Plan; there are also tree removal, steep slopes, erosion, and traffic issues. She wonders how this happened. Staff responded that straight subdivisions do not have to go through the Planning Commission. Commissioner Buehner advised that the PD Review Committee would like to incorporate a lot of the Planned Development code changes into the Subdivision code. Commissioner Duling considers this the "rape of Bull Mountain". 8. ADJOURNMENT The meeting adjourned at 8:23 p.m. ~t Jerre wis4=i mmission Secretary ATTEST: President Jodie Inman PLANNING COMMISSION MEETING MINUTES - June 5, 2006 - Page 7 ATTACHMENT 3 Agenda Item: s Hearing Date: June 5, 2006 Time: 7:00 PM =STAFF REPORT`TO THE PLtANNING COMMISSION _ - " = r ,r FOR THE CITY Of,, ;TIGARD` OREGON' SECTION I. APPLICATION SUMMARY FILE NAME: DEVELOPMENT CODE AMENDMENT TO ALLOW INCIDENTAL AND SUBORDINATE COMMERCIAL USES IN CULTURAL INSTITUTIONS FILE NO.: Development Code Amendment (DCA) DCA2006-00002 PROPOSAL: The City is requesting approval of a Development Code Amendment to amend the Use Classifications Chapter (18.130) and the Sign Code Chapter (18.780) of the Tigard Community Development Code. The proposed amendment would amend the uses allowed under Civic Use Types (Section 18.130.020.B.4) to allow incidental and subordinate commercial uses (such as gift shops, bookstores, and limited food and beverage services) in Cultural Institutions. In addition, a new category "Cultural Institution Auxiliary Signs" would be created in the Special Condition Signs section (18.780.090). APPLICANT: City of Tigard OWNER: N/A 13125 SW Hall Boulevard Tigard, OR 97223 LOCATION: Within Cultural Institutions. COMP PLAN/ ZONING DESIGNATION: All zones where Cultural Institutions are an allowed use. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.130.020, 18.380.020, 18.390.060, 18.780.015 and 18.780.090; Comprehensive Plan Policies 1 and 2; and Statewide Planning Goals 1 and 2. DCA2006-00002/ CODE AMENDMENT TO ALLOW INCIDENTAL AND SUBORDINATE COMMERCIAL USES IN CULTURAL INSTITUTIONS PAGE 1 OF 5 6/5/06 PUBLIC HEARING STAFF REPORT TO PLANNING COMMISSION SECTION II. STAFF RECOMMENDATION Staff recommends tliat' the ;Planning Corinmtssign recommend ajiroval do tl "Ti ' id CIty- CVounal to R amend lie Use Classifications Chapter `(1x8130) and ;the Sign Code Chaptc1r (18 7$0) >f the Tigard Community Development Code as determined°through the public hearing pry cess: s , SECTION III. BACKGROUND INFORMATION The new Tigard Public Library opened in 2004. As a result of feedback from citizen surveys, the new library building was designed with lobby space for a cafe to offer limited food and beverage services to patrons. The status of a cafe that occupies the space in the Tigard Library needs to be clarified. Libraries are considered Cultural Institutions in the Civic Use category in the Tigard Development Code. Cultural Institutions are a Conditional Use in the R-12 Zone (which the library is within.) Eating and Drinking Establishments are Not Permitted uses in the R-12 zone (Table 18.510.1). However, a cafe in a library is an accessory use, open only during library hours and serving mainly library patrons and people attending events in the Community Room. This proposed amendment would clarify the standing of this cafe as a subordinate auxiliary use to the main Cultural Institutional use of the library. A wider benefit of this amendment is allowing convenient services for patrons of Cultural Institutions, as well as supplemental income for public and non-profit entities. The externalities associated with commercial uses, such as increased .traffic, are unlikely to be an issue because these incidental uses will serve mainly patrons of the institutions. Accessory uses in cultural institutions have become fairly common in other localities. The main branch of -the Multnomah County Library has a gift shop in its lobby. Many museums, such as the Oregon Historical Society, have gift shops and/or food service located within their buildings. Anew classification, Cultural Institution Auxiliary Signs, is proposed to be created in Chapter 18.780: Signs. This type of sign would be restricted in size, and would enable the subordinate use to identify itself. SECTION IV. APPLICABLE CRITERIA AND FINDINGS Chapter 18.380 states that legislative text amendments shall be undertaken by means of a Type IV procedure, as governed by Section 18.390.060G. Chapter 18.390.060G states that the recommendation by the Commission and the decision by the Council shall be based on consideration of the following factors: THE STATEWIDE PLANNING GOALS AND GUIDELINES ADOPTED UNDER OREGON REVISED STATUTES CHAPTER 197; Notice was provided to DLCD 45 days prior to the first scheduled public hearin as required. In addition, the Tigard Development Code and Comprehensive Plan have been acknowg ledged by DLCD. The following Statewide Planning Goals are applicable to this proposal: Statewide Planning Goal 1- Citizen Involvement: This goal outlines the citizen involvement requirement for adoption of Comprehensive Plans and for DCA2006-00002/ CODE AMENDMENT TO ALLOW INCIDENTAL AND SUBORDINATE COMMERCIAL USES IN CULTURAL INSTITUTIONS PAGE 2 OF 5 6/5/06 PUBLIC HEARING STAFF REPORT TO PLANNING COMMISSION SECTION II. STAFF RECOMMENDATION Stalf tcconitnencls that the p t rt T (c~t~ulussf€1ti ~rtit eilcl ,a}~~~rc>val to th0 r1 asC ~ i vi tip nr Fsfik d t ~ a to the S (ode Cha #er ~g.7 o thc_ hard amenhe "1T. Gl ssificati( (h ( I? cxt 2if Ittw.,0- evc1<_,p at lode-4s determ#~~~~o the pubW,c~l~eari~g ~roGe~s SECTION III. BACKGROUND INFORMATION The new Tigard Public Library opened in 2004. As a result of feedback from citizen surveys, the new library building was designed with lobby space for a cafe to offer limited food and beverage services to patrons. The status of a cafe that occupies the space in the Tigard Library needs to be clarified. Libraries are considered Cultural Institutions in the Civic Use category in the Tigard Development Code. Cultural Institutions are a Conditional Use in the R-12 Zone (which the library is within.) Eating and Drinking Establishments are Not Permitted uses in the R-12 zone (Table 18.510.1). However, a cafe in a library is an accessory use, open only during library hours and serving mainly library patrons and people attending events in the Community Room. This proposed amendment would clarify the standing of this cafe as a subordinate auxiliary use to the main Cultural Institutional use of the library. A wider benefit of this amendment is-allowing convenient services for patrons of Cultural Institutions, as well as supplemental income for public and non-profit entities. The externalities associated with commercial uses, such as increased traffic, are unlikely to be an issue because these incidental uses will serve mainly patrons of the institutions. Accessory uses in cultural institutions have become fairly common in other localities. The main branch of the Multnomah County Library has a gift shop in its lobby. Many museums, such as the Oregon Historical Society, have gift shops and/or food service located within their buildings. A new classification, Cultural Institution Auxiliary Signs, is proposed to be created in Chapter 18.780: Signs. This type of sign would be restricted in size, and would enable the subordinate use to identify itself. SECTION IV. APPLICABLE CRITERIA AND FINDINGS Chapter 18.380 states that legislative text amendments shall be undertaken by means of a Type IV procedure, as governed by Section 18.390.060G. Chapter 18.390.060G states that the recommendation by the Commission and the decision by the Council shall be based on consideration of the following factors: THE STATEWIDE PLANNING GOALS AND GUIDELINES ADOPTED UNDER OREGON REVISED STATUTES CHAPTER 197; Notice was provided to DLCD 45 days prior to the first scheduled public hearing as required. In addition, the Tigard Development Code and Comprehensive Plan have been acknowledged by DLCD. The following Statewide Planning Goals are applicable to this proposal: Statewide Planning Goal 1- Citizen Involvement: This goal outlines the citizen involvement requirement for adoption of Comprehensive Plans.and for DCA2006-00002/ CODE AMENDMENT TO ALLOW INCIDENTAL AND SUBORDINATE COMMERCIAL USES IN CULTURAL INSTITUTIONS PAGE 2 OF 5 changes to the Comprehensive Plan and implementing documents. This goal has been met by complying with the Tigard Development Code notice requirements set forth in Chapter 18.390. Notice has been ublished in the Tigard Times Newspaper prior to the public hearing. Two Public Hearings are being held Pone before the Planning Commission and the second before the City Council) in which public input is welcome. Statewide Planning Goal 2 - Land Use Planning: This goal outlines the land use planning process and policy framework. The Comprehensive Plan was acknowledged by DLCD as being consistent with the statewide planning goals. The Development Code implements the Comprehensive Plan. The Development Code establishes a process for and policies to review changes to the Development Code consistent with Goal 2. The City's plan provides analysis and policies with which to evaluate a request for amending the Code consistent wrth Goal 2. APPLICABLE METRO REGULATIONS: There are no applicable Metro regulations that this amendment directly impacts. APPLICABLE COMPREHENSIVE PLAN POLICIES: Comprehensive Plan Policy 1.1.1: General Policies This policy states that all future legislative changes shall be consistent with the Statewide Planning Goals and the Regional Plan adopted by Metro. As indicated above under the individual Statewide and Regional Plan oals applicable to this proposed amendment, the amendment is consistent with the Statewide Goals and tKe Regional Plan. Comprehensive Plan Policies 2.1.1, 2.1.2, and 2.1.3.: Citizen Involvement These policies state that the City shall maintain an ongoing citizen involvement program, provide opportunities for citizen involvement apppropriate to the scale of the planning effort and that information on land use planning issues shall be ava1lable in understandable form for all interested citizens. This policy is satisfied because notice of the Planning Commission public hearing was published in the Tigard Times on May 18, 2006. Notice will be published again prior to the City Council public hearing. The written notices invited public input and included the phone number of a contact person to answer any questions. The information was written in plain, understandable language that avoided jargon. APPLICABLE PROVISION OF THE CITY'S IMPLEMENTING ORDINANCES. Tigard Development Code Section 18.130 This chapter classifies uses into a limited number of use types on the basis of common characteristics, to provide a basis for the regulation of uses in accordance with criteria which are directly relevant to the public interest. Cultural Institutions is a classification under Civic Type Uses. Amending the definition to allow incidental and subordinate commercial uses would be beneficial to the institutions and the community. The externalities associated with commercial uses (traffic, etc.) are unlikely to be an issue because the incidental uses will serve mainly patrons of the institutions. The uses. will operate during the times the Cultural Institution is open. As Cultural. Institutions are . conditional uses in Residential zones any new public institution with a subordinate commercial use would have to address the impact on the surrounding neighborhood during the application process. DCA2006-00002/ CODE AMENDMENT TO ALLOW INCIDENTAL AND SUBORDINATE COMMERCIAL USES IN CULTURAL INSTITUTIONS PAGE 3 OF 5 6/5/06 PUBLIC HEARING STAFF REPORT TO PLANNING COMMISSION Tigard Development Code Chapter 18.380: Zoning Map and Text Amendments This chapter sets forth the standards and process governing legislative and quasi-judicial amendments to this tide and zoningg district map. Legislative zoning map and text amendments shall be undertaken by means of a Type k procedure, as governed by Section 18.390.060G. Therefore, the proposed text amendments to the Tigard Development Code will be reviewed under the Type IV legislative procedure as set forth in the chapter. Tigard Development Code Chapter 18.390: Decision-Making Procedures This chapter establishes standard decision-making procedures for reviewing applications. The amendment under consideration will be reviewed under the Type IV legislative procedure as detailed in the chapter. Section 18.390.060G states that the recommendation by the Commission and the decision b the Council shall be based on consideration of the following factors (reviewed above), including: 1~ Statewide Planning Goals and Guidelines, 2) applicable federal of state statues of regulations, 3) applicable METRO regulations, 4) applicable comprehensive plan policies, and 5) applicable provisions of the City's implementing ordinances. Tigard Development Code Chapter 18.780: Signs This chapter establishes procedures and criteria for erecting signage within the City. The purpose of the sign regulations is: 1. To protect the health, safety, property and welfare of the public; 2. To promote the neat, clean, orderly and attractive appearance of the community; 3. To accommodate the need of sign users while avoiding nuisances to nearby properties; 4. To insure for safe construction, location, erection and maintenance of signs; 5. To prevent proliferation of signs and sign clutter; and 6. To minimize distractions for motorists on public highways and streets. This proposal for Cultural Institution Auxiliary Signs is consistent with the stated purpose. Such a sign would allow an incidental commercial use in a Cultural Institution to identify itself. It is possible that the sign could attract a passing motorist to the use. However, since the subordinate use is only open when the institution is open, significant additional traffic is not likely to be generated by such a sign. Any signs that are erected would be unobtrusive, since the proposal limits the sign area to 4 square feet per face. If a wall sign is erected it must be consistent in structure and materials with any existing wall sign on the Cultural Institution. SECTION V. ADDITIONAL CITY STAFF COMMENTS The City of Tigard's Long Range Planning Division, Building Division, Community Development Department, Police Department, and Public Works have had an opportunity to review this proposal and have no objections. SECTION VI. OUTSIDE AGENCY COMMENTS The Oregon Department of Land Conservation and Development, Metro, Oregon Department of Transportation, Washington County Department of Land Use and Transportation, and the Planning Directors of the cities of Durham, King City, Lake Oswego, Portland, and Tualatin, were notified of the proposed amendments and did not respond. The Planning Director of the City of Beaverton responded and had no objections. DCA2006-00002/ CODE AMENDMENT TO ALLOW INCIDENTAL AND SUBORDINATE COMMERCIAL USES IN CULTURAL INSTITUTIONS PAGE 4 OF 5 6/5/06 PUBLIC HEARING STAFF REPORT TO PLANNING COMMISSION Tigard Development Code Chapter 18.380: Zoning Map and Text Amendments This chapter sets forth the standards and process governing legislative and quasi-judicial amendments to this title and zoningg district map. Legislative zoning map and text amendments shall be undertaken by means of a Type N procedure, as governed by Section 18.390.060G. Therefore, the proposed text amendments to the Tigard Development Code will be reviewed under the Type N legislative procedure as set forth in the chapter. Tigard Development Code Chapter 18.390: Decision-Making Procedures This chapter establishes standard decision-making procedures for reviewing applications. The amendment under consideration will be reviewed under the Type IV legislative procedure as detailed in the chapter. Section 18.390.060G states that the recommendation by the Commission and the decision b the Council shall be based on consideration of the following factors (reviewed above), including: 1~ Statewide Planning Goals and Guidelines, 2) applicable federal of state statues of regulations, 3) applicable METRO regulations, 4) applicable comprehensive plan policies, and 5) applicable provisions of the City's implementing ordinances. Tigard Development Code Chapter 18.780: Signs This chapter establishes procedures and criteria for erecting signage within the City. The purpose of the sign regulations is: 1. To protect the health, safety, property and welfare of the public; 2. To promote the neat, clean, orderly and attractive appearance of the community; 3. To accommodate the need of sign users while avoiding nuisances to nearby properties; 4. To insure for safe construction, location, erection and maintenance of signs; 5. To prevent proliferation of signs and sign clutter; and 6. To minimize distractions for motorists on public highways and streets. This proposal for Cultural Institution Auxiliary Signs is consistent with the stated purpose. Such a sign would allow an incidental commercial use in a Cultural Institution to identify itself. It is possible that the sign could attract a passing motorist to the use. However, since the subordinate use is only open when the institution is open, significant additional traffic is not likely to be generated by such a sign. Any signs that are erected would be unobtrusive, since the proposal limits the sign area to 4 square feet per face. If a wall sign is erected it must be consistent in structure and materials with any existing wall sign on the Cultural Institution. SECTION V. ADDITIONAL CITY STAFF COMMENTS The City of Tigard's Long Range Planning Division, Building Division, Community Development Department, PoLce Department, and Public Works have had an opportunity to review this proposal and have no objections. SECTION V1. OUTSIDE AGENCY COMMENTS The Oregon Department of Land Conservation and Development, Metro, Oregon Department of Transportation, Washington County Department of Land Use and Transportation, and the Planning Directors of the cities of Durham, King City, Lake Oswego, Portland, and Tualatin, were notified of the proposed amendments and did not respond. The Planning Director of the City of Beaverton responded and had no objections. DCA2006-00002/ CODE AMENDMENT TO ALLOW INCIDENTAL AND SUBORDINATE COMMERCIAL USES IN CULTURAL INSTITUTIONS PAGE 4 OF 5 r ATTACHMENT: EXHIBIT A: PROPOSED AMENDMENTS TO THE TIGARD COMMUNITY DEVELOPMENT CODE. May 24 , 2006 PREPARED BY: Sean Farrelly DATE Associate Planner May 24.2006 APPROVED BY: Tom Coffee DATE Interim Community Development Director DCA2006-00002/ CODE AMENDMENT TO ALLOW INCIDENTAL AND SUBORDINATE COMMERCIAL USES IN CULTURAL INSTITUTIONS PAGE 5 OF 5 6/5/06 PUBLIC HEARING STAFF REPORT TO PLANNING COMMISSION AGENDA ITEM No. 6 Date: July 11, 2006 PUBLIC HEARING TESTIMONY SIGN-UP SHEETS Please sign on the following page(s) if you wish to testify before City Council on: ENTRYWAY SIGN CODE AMENDMENT (DCA 2006-00001) REQUEST: The applicant is requesting approval of a Development Code Amendment to amend the Sign Chapter (18.780) of the Tigard Community Development Code. The proposed amendment would amend Section 18.780.015 (Definitions) to add a definition of "Entryway Signs", and Section 18.780.090 (Special Condition Signs) to allow Entryway Signs in all zoning districts. LOCATION: City-wide. ZONE: All zoning districts. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.380.020, 18.390.060, 18.780.015 and 18.780.090; Comprehensive Plan Policies 1 and 2; and Statewide Planning Goal 1. This is a City of Tigard public meeting, subject to the State of Oregon's public meeting and records laws. All written and oral testimony become part of the public record. The names and addresses of persons who attend or participate in City of Tigard public meetings will be included in the meeting minutes, which is a public record. Due to Time Constraints City Council May Impose A Time Limit on Testimony I:\ADM\Cathy \CCA\Agenda Item 6 - 060711 AGENDA ITEM NO.6 This is a City of Tigard public meeting, subject to the State of Oregon's public meeting and records laws. All written and oral testimony become part of the public record. The names and addresses ofpersons who attend or participate in City of Tigard public meetings will be included in the meeting minutes, which is a public record. Proponent (Speaking in Favor) Opponent (Speaking Against) Neutral NAME, ADDRESS & PHONE NAME, ADDRESS & PHONE NAME, ADDRESS & PHONE Please Print Please Print Please Print Name: Name: Name: Also, please spell your name as it sounds, if it Also, please spell your name as it sounds, if it Also, please spell your name as it sounds, if will help the presiding officer pronounce: will help the presiding officer pronounce: it will help the presiding officer pronounce: Address Address City City Address State Zip State Zip City Phone No. Phone No. State Zip Phone No. Name: Name: Name: Also, please spell your name as it sounds, if it Also, please spell your name as it sounds, if it Also, please spell your name as it sounds, if will help the presiding officer pronounce: will help the presiding officer pronounce: it will help the presiding officer pronounce: Address Address City City Address State Zip State Zip City Phone No. Phone No. State Zip Phone No. L\ADM\Cathy \CCA\Agenda Item 6 - 060711 Agenda Item / Meeting Date My 11, 2006 COUNCIL AGENDA ITEM SUMMARY City Of Tigard, Oregon Issue/Agenda Title Comments to Washington County Commissioners Regarding Proposed Incorporation of Bull Mountain Prepared By. Tom Coffee & GaryFirestone Dept Head Approval: "ni City Mgr Approval: ISSUE BEFORE THE COUNCIL Review and formalize the Gt-/s position on the incorporation of Bull Mountain to be communicated to Washington County. STAFF RECOMMENDATION Provide direction to staff for the formalization of the City's position. KEY FACTS AND INFORMATION SUMMARY A petition for the incorporation of Bull Mountain has been accepted by Washington County and a public hearing has been scheduled by the County Commissioners for July 25, 2006. If the City of Tigard wishes to participate and thereby establish its standing in the proceedings, the City should appear at the hearing and provide testimony. A memorandum summarizing the staff's understanding of the Mayor and Council's current position on the proposed incorporation is attached for Council review and deliberation. OTHER ALTERNATIVES CONSIDERED None COUNCIL GOALS AND TIGARD BEYOND TOMORROW VISION STATEMENT Council Goal: Clarify Qt-/s position on the provision of urban services to unincorporated areas and in the best interests of the citizens of Tigard. ATTACHMENT LIST Attachment 1: Memo and attachments to Mayor and City Council from Tom Coffee and Gary Firestone - Comments to Washington County Commissioners Regarding the Proposed City of Bull Mountain - dated July 3, 2006 FISCAL NOTES The subsidy of urban services to unincorporated or incorporated Bull Mountain has not been determined. Attachment 1 MEMORANDUM A TO: Mayer and City Council FROM: Tom Coffee, Interim CD Director Gary Firestone, City Attorney RE: Comments to Washington County Commissioners Regarding the Proposed City of Bull Mountain DATE: July 3, 2006 Introduction The City Council has discussed the proposed incorporation of Bull Mountain at several meetings including study sessions, executive sessions, a workshop, and business meetings. This memorandum is provided as summary of the City Council's current position on the proposed incorporation as it is understood by staff. Subject to further clarification and articulation by the Mayor and Council, this memorandum can also serve as the basis for comments or testimony that the may be submitted to the Washington County Commissioners at the scheduled hearing(s) on the matter. The Incorporation Process The Mayor and City Council of Tigard have stated that they have no intention of raising procedural objections to the incorporation process for Bull Mountain. The City has agreed with the County to terminate the Urban Services Intergovernmental Agreement that applies to the incorporated Bull Mountain area effective July 20, 2006. The City has also advised County staff that it also has no objections to the amendment of the Urban Planning Area Agreement and the Tigard Urban Services Agreement to include language so that neither agreement would constitute a technical or legal barrier to incorporation. Applicable Evaluation Criteria State law provides criteria for the County Commissioners to evaluate whether or not a proposed incorporation should be scheduled for an election by the residents of the proposed city. Those criteria include a demonstration that: the proposed city must plan for and provide urban services in a cost-effective manner at the minimum level adequate to meet current needs and projected growth." An economic feasibility study is required that contains: "Proposed first and third year budgets for the new city demonstrating its economic feasibility." ORS 221 also allows the governing body of a neighboring city to raise objections to the proposed incorporation if it finds that it will adversely affect the city. The City Council has reviewed and discussed a memorandum from staff dated June 14, 2006 (Attachment A) that provided preliminary findings with regard to the above evaluation criteria that is prescribed by state law. The Council also heard comments from representatives of Bull Mountain Citizens for Incorporation regarding the June 14th Memorandum at its workshop on June 21, 2006. The City Council has indicated that it believes that the Memorandum provides valuable input to the incorporation process in that it raises questions that should be resolved by the County Commissioners prior to any decision to set the proposed incorporation for an election. Affects on City Services A significant issue for the City Council is the affect that the incorporated City of Bull Mountain would have on services provided by the City of Tigard, specifically, Library, Police and Parks services. The City of Tigard taxpayers would be subsidizing Bull Mountain residents' use of city parks and library to the extent that they do not contribute to the capital maintenance and operation costs of those facilities. Similarly, the extent to which law enforcement services provided through contract with the County Sheriff are supplemented by City of Tigard police services, Tigard taxpayers will be subsidizing the new City of Bull Mountain. This has been a concern of the City Council for some time and that concern would not be resolved through the creation of the City of Bull Mountain. The problem of taxpayer equity may in fact be made more intractable. Amendment of Proposed Boundaries The City of Tigard understands that the Washington County Board of Commissioners is likely to refer to the voters the matter of incorporation the Bull Mountain area as a city. If the Board does so, the City requests that the boundary as proposed by petitioners be amended so that certain properties owned by the City of Tigard not be included within the area of the proposed new city. Tigard currently owns, is in the process of acquiring, or controls property in three different areas within the area proposed for incorporation into the proposed new city. Tigard accepts that two of the areas, one adjacent to Area 63 and the two parcels on High Tor Drive may be included within the proposed new city to provide for regular and rational boundaries. However, the City owns a very large area of property in the Sunrise Lane, 150thAvenue and Menlor Lane area, and is acquiring additional property in that area. Tigard requests that the County not include this Tigard-owned property within the proposed new city. The City further requests that the boundaries in this area be rational, and follow streets and property lines within minimal changes in direction of the boundaries. The City proposes that in this area, the limits of the proposed new city be set at a line extending along Sunrise Lane west of 147th, and continuing west along existing property 2 lines at the point where Sunrise Lane turns north. The eastern edge of the proposed new city should be set at the western edge of the property currently owned by Tigard, and that boundary line should be extended south to the point it intersects with the line extending westwards from Sunrise Lane. At the northern edge, the boundary should follow Tigard-owned property south of 154th Avenue, and then run -east from the corner of the Tigard property along the line separating small lots on Fir Tree Drive from the large lots to the south. The east-west boundary should extend to the intersection of Menlor Lane and Sunrise Lane. The boundary should then follow Menlor Lane to the point that it reaches the Tigard city limits west of the Fern Street - Menlor Lane intersection. A map showing the boundary line proposed by the City of Tigard and showing the property owned and being purchased by the Tigard is provided by separate cover. REASONS FOR PROPOSED BOUNDARY Tigard recommends the change in the proposed boundary for several reasons, the most obvious of which is that is simply defies common sense for significant areas and public facilities owned by one city to be included in another city. Inclusion of the Tigard property in the area described above within the proposed new city would be contrary to ORS 221.040(2), which prohibits the inclusion of land in a new city if the land would not be benefited by the inclusion. ORS 221.040(2) ORS 221.040(2) provides in part: The [Board of Commissioners] may alter the boundaries of the proposed incorporated city, but shall not modify the boundaries so as to exclude any land that would be benefited by the formation of the proposed city. No land shall be included in the proposed city which will not, in the judgment of the [Board of Commissioners] be benefited. The Tigard-owned land would not be benefited in anyway by inclusion in the proposed city. It would not receive any additional services from the proposed city. About the only service that the proposed new city will be providing is planning services, and the property already can receive planning services. Much of the area will be parks, and Tigard parks should to be subject to Tigard's ordinances governing use of parks. Tigard's parks should also be policed by Tigard's police. In addition to the property not benefiting from the annexation, inclusion of the Tigard- owned properties would not result in any tax revenues for the new city. 3 ty Planning Efforts Urban Facili Tigard provides water services not only within Tigard but to King City, Durham, and currently unincorporated areas. If the Bull Mountain area is incorporated, Tigard would continue to provide water service. Tigard also provides parks services. The property owned by Tigard is planned to include both parks and water reservoirs and facilities. Tigard has long planned for these facilities, on the assumption that the area would be included within the Tigard city limits. To bring these properties within another city would be inconsistent with Goals 2 and 11 relating to planning and the provision of public facilities because it would interfere with Tigard's planning efforts and interfere with the provision of public facilities. These areas should be included within Tigard so that they remain subject to Tigard jurisdiction. If these areas are included within the proposed city, there is at least a risk that park development would be delayed, because Tigard would have little incentive to develop parks that are located in another city. Reasonable Boundary In Portland General Elemic Ca u City of Estacada, 194 Or 145,241 P2d 1129 (1952), the Oregon Supreme Court held that all decisions by political subdivisions, including annexation decisions, must be "reasonable." Similarly, a decision concerning incorporation of a city must be "reasonable." PGE u Estacada remains good law and has not been superseded by statute. DL CD u City of St Helens, 138 Or App 222, 907 P2d 259 (1995). Reasonableness at a minimum involves whether the property sought to be included within a city will be used to house the city's residents, to provide city streets, or otherwise serve the city. Id The Tigard- owned property will not be used to house Bull Mountain residents, to provide Bull Mountain streets, or to otherwise meet the needs of Bull Mountain. While it will be used to provide water to Bull Mountain residents, the proposed city is not the water service provider and the property does not need to be brought into the proposed city to provide water service. Because the property is not needed for the proposed new city, it should not be included within its boundaries. Reasonableness also includes other factors. While the courts have made it clear that irregular boundaries are not per se unreasonable, simple boundaries (those with long straight lines or that follow roads or natural features) make it easier for governments to determine which entity is responsible for providing services (including police service), make it easier for utilities to determine which citys franchise or other regulations apply, make it easier for contractors and others to know which jurisdiction is responsible for permits, and make it easier for prospective purchasers of real property to know which city they will be in. Simpler boundaries also make it easier for cities to deal with each other. If the new city is incorporated, Tigard anticipates that it will cooperate with the new city in a wide range of matters, just as it does with other neighboring cities. A simpler boundary will facilitate inter- city cooperation. For these reason, Tigard believes that the boundaries should be set with 4 the boundaries discussed above, which will provide a more rational boundary for the proposed new city. Tigard requests that the County Board of Commissioners adjust the boundaries for the proposed city as described above. Summary The information presented above summarizes the Mayor and City Council's positions to date regarding the proposed incorporation of Bull Mountain as it relates to: 1.) The City's acceptance of the process; 2.) The City's observations on the feasibility of the proposed new city; 3.) The City's concern over the affects of the proposed city on City of Tigard; and 4.) The City's request that the boundaries of the proposed incorporation be amended. In preparation for the City's continued participation in the incorporation proceedings through hearings to be conducted by Washington County Commissioners, staff recommends that the Mayor and City Council provide direction to staff regarding any changes, deletions or additions to the City's position described above. 5 MEMORANDUM ,,D TO: Craig Prosser, City Manager FROM: Tom Coffee, Interim CD Director R& Preliminary Findings for the City of Bull Mountain Economic Feasibility . Statement DATE: June 14,'2006 City staff from appropriate departments have been reviewing the Economic Feasibility . Statement (EFS) for the City of Bull Mountain. This memorandum summarizes the preliminary findings made by staff regarding the EFS. Staff is continuing its evaluation and will.provide a final report to City Council for its meeting on July 11, 2006. State Law Evaluation Criteria Review of the EFS was undertaken in accordance with applicable state law. ORS 221 requires that the EFS: "Indicate that the proposed city must plan for and provide urban services in a cost-effective manner at the minimum level adequate to meet current needs and projected growth." State law specifies that the EFS shall contain: "Proposed first and third year budgets for the new city demonstrating its economic feasibility." ORS 221 also allows for the governing body of a neighboring city to 'raise objections to the proposed incorporation if it finds that it will adversely affect the city. Furthermore, the City of Tigard would be a major property owner in the proposed city. Cost Effective Provision of Urban Services Water - The EFS assumes that the Tigard Water District will continue to provide water through the third year budget. That budget is predicated on development of Areas 2 and 3 (Areas 63 & 64) to 15% of their projected density. Areas 2 and 3 are outside the boundaries of the Tigard Water District. The current agreement does not obligate Tigard to provide water outside the 1994 boundaries of the Water District. Parks - The EFS estimates that approximately 61 acres of parks are needed to meet the minimum level of service for the current residents of the City of Bull Mountain. Given current land values in the area, staff estimates that approximately $39.7 million would be needed to obtain and develop the 61 acres of parks. The proposed budgets do not include funding for the acquisition and development of a minimum level of park services. The EFS 1 does however provide budget amounts for annual operation and maintenance of the non- existent parks. Parks_SDC is discussed as a source of funding for parks; however, because the city would have no parks initially, an additional revenue source would have to be identified to fund those portions of projects that would not meet SDC funding criteria. Police - The provision of police services is proposed to be through a contract with the Washington County Sheriffs Office. The level of service under the contract is proposed to be the equivalent of .5 officer per thousand. This would be a reduction in service of -.5 officer per thousand from the current Enhanced Sheriffs Patrol District of 1.0 officer per thousand. Projected population increases in the proposed city will further degrade police service levels from the .5 officer per thousand ratio that is funded in the.first year budget because no increase in staffing levels is included in the third year budget. Library - The EFS assumes that the new city will receive its library services from the Washington County Cooperative Library Services. The City of Bull Mountain would be the only city, in Washington County, including the smaller cities of Banks, Gaston, King City, Durham, and North Plains, not to have its own Library. Street Lights - the EFS does not address.the existence of numerous street light districts within the area of the proposed city that would be terminated upon incorporation. The costs for energy and maintenance to continue the existing street light service is not included in the proposed budgets. Proposed First (2008)" and Third (2010) Year Budgets Expenditures - Overall staffs assessment of the EFS's first and third year budgets is that they understate the costs that could be reasonably associated with the operations of a city that grows from 8,509 to 9,009 in three years. The following are some examples: Inflation Factor - No inflation factors are applied to the expenditure forecast. As a result, the expenditure figures are understated and not realistic compared to the corresponding revenues for the same period. Startup Costs - It is unclear what the amount of startup costs that will be incurred from November 7, 2006 through November 2007, when the first tax revenues are available, will be. The use of tax anticipation notes, to be paid back during the first two fiscal years, to cover the startup costs may impact the new city's reserve and contingency funds. Insurance - While the •EFS includes insurance in employees .benefits, there is no mention of coverage for Public Entity Liability, Property and Mobile Equipment, Auto Physical Damage, and Workers' Compensation. Tigard pays over $500,000 a year for insurance 2 coverage and worker's compensation. Under "Miscellaneous Non-Departmental Services" the EFS budget includes $75,000 for general liability insurance, the city website and monthly newsletters. The proposed budget understates the likely cost of this type of insurance. Employee Retirement Costs - The EFS recommends an employee retirement contribution of 8%, presumably because this is the amount contributed by Tigard for its employees. Tigard contributes 10% of salary for represented employees and 11% of salary for management employees. The EFS recommendation appears low. Technology - Other than the annualized cost for computers and a webpage, the EFS does not include the costs associated with maintaining a network and the acquisition and licensing of software programs. City Hall - The EFS recognizes the need for a building in which the new city can conduct its citizens' business. This need is addressed by the assumption that for an annual cost of $10 a square foot for the city's space needs can be met whether a city hall is built or leased. The City of Tigard's experience is that it costs $8 a square foot just for maintenance and utilities in buildings owned by the City. Debt Service - The EFS states . that the new city will have to rely on tax anticipation borrowing for cash flow purposes. The recommended reserve level is so low that the new city will likely have to rely on this borrowing for the foreseeable future. The EFS budget does not provide for debt service costs, stating that this can be absorbed in the miscellaneous materials and services and contingency expenses. This is not realistic. Revenues - In contrast to the understatement of costs, the EFS contains cases where the anticipated revenues are overstated. Planning Grants - Reliance on grants to fund 50% of the city's upfront comprehensive planning costs. The major source of the grant funding is assumed to be Metro. The primary purpose of Metro's planning grants will be for concept planning of areas recently added to the Urban Growth Boundary (Areas 63 & 64). To assume that Metro would award a grant to pay for the $162,000 annual costs of a two person planning department is problematic given the purpose of the construction excise tax. Property Tax Revenue - The third year budget assumes an increase of $49.6 million in assessed value from Areas 2 and 3 (Areas 63 & 64). This increase in value is attributed to the . construction of 361 new residences between 2007 and 2009. It is unrealistic to assume that any new development will occur in those areas, given the time required to develop and approve concept plans, process the actual development proposals and construct the needed infrastructure prior to the issuance of building permits. Without the assumed 361 new residents, property tax revenue in the third budget year would be reduced by approximately $140,864. 3 4 Revenue Growth - The EFS assumes a 3% growth in the property tax revenues, but states costs in 2006 dollars creating an inconsistency in the budgets. Effects on the City of Tigard Police Services - Tigard has a police staffing ratio of 1.35 officers per thousand population compared to the proposed new city staffing ratio of .5. Because emergency response times are a function of proximity and availability and it is Washington County Dispatch policy to send the nearest available unit when the in-district unit is not available, Tigard will likely be expected to respond. The extent to which this occurs will amount to a subsidy of the new . city's police services by the citizens of Tigard. Lib - As noted above, the new city has no plans to build or operate a library, but will rely on the provision of library services from other libraries in the County. Tigard's new library, which was funded by current and future City taxpayers, is the closest library to the proposed City of Bull Mountain. The citizens of the new city will be contributing to the operation and maintenance of the Tigard Library through a county levy, they will be utilizing a $12 million facility that they will not have had to pay for. Parks - Until the new city can provide parks, it is assumed that the residents of the City of Bull Mountain will use nearby parks in Tigard - parks that were purchased and are maintained by Tigard taxpayers. Staff will be available to assist the City Council in further review and discussion of the EFS. 4 Bull Mountain Proposed Boundary Revision 06-28-2006 TTI= Revised Bull Mountain Boundary Previous Bull Mountain Boundary ffl~ Tigard Owned Unincorporated Areas To Be Removed From 0 Bull Mountain Boundary Tigard Owned and soon Ell Unincorporated Area to, be owned TI GAR D Possible Tigard Purchase Properties Unincorporated Areas Possible Tigard r To Be Removed From Purchase - Bull Mountain Boundary ? ` 1 City Of Tigard ' 1 1 - 1 N 1 W E I S 0 300 600 1,200 Feet BULL MOUNTAIN_ ~U D:UonJun k1CUen1LF11esUoennel8 M_Revbion.mzd n AGENDA ITEM No. 7 Date: July 11, 2006 PUBLIC HEARING TESTIMONY SIGN-UP SHEETS Please sign on the following page(s) if you wish to testify before City Council on: INCIDENTAL USES IN CULTURAL INSTITUTIONS CODE AMENDMENT (DCA 2006-00002) REQUEST: The applicant is requesting approval of a Development Code Amendment to amend the Use Classifications Chapter (18.130) and the Sign Chapter (18.780) of the Tigard Community Development Code. The proposed amendment would amend the uses allowed under Civic Use Types (Section 18.130.020.B.4) to allow incidental and subordinate commercial uses (such as a gift shop, bookstore, and limited food and beverage services). In addition, a new category "Cultural Institution Auxiliary Signs" would be created in the Special Condition Sign Section (18.780.090). LOCATION: Within Cultural Institutions. ZONE: All zones where Cultural Institutions are an allowed use. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.130.020, 18.380.020, 18.390.060, 18.780.015 and 18.780.090; Comprehensive Plan Policies 1 and 2; and Statewide Planning Goal 1. This is a City of Tigard public meeting, subject to the State of Oregon's public meeting and records laws. All written and oral testimony become part of the public record. The names and addresses of persons who attend or participate in City of Tigard public meetings will be included in the meeting minutes, which is a public record. Due-to Time Constraints City Council May Impose A Time Limit on Testimony I:\ADM\Cathy \CCA\Agenda Item 7 - 060711 AGENDA ITEM NO.7 This is a City of Tigard public meeting, subject to the State of Oregon's public meen* and records laws. All written and oral testimony become part of the public record. The names and addresses ofpersons who attend or participate in City of Tigard public meetings will be included in the meeting minutes, which is a public record. Proponent (Speaking in Favor) Opponent (Speaking Against) Neutral NAME, ADDRESS & PHONE NAME, ADDRESS & PHONE NAME, ADDRESS & PHONE Please Print Please Print Please Print Name: Name: Name: Also, please spell your name as it sounds, if it Also, please spell your name as it sounds, if it Also, please spell your name as it sounds, if will help the presiding officer pronounce: will help the presiding officer pronounce: it will help the presiding officer pronounce: Address Address City City Address State Zip State Zip City Phone No. Phone No. State Zip Phone No. Name: Name: Name: Also, please spell your name as it sounds, if it Also, please spell your name as it sounds, if it Also, please spell your name as it sounds, if will help the presiding officer pronounce: will help the presiding officer pronounce: it will help the presiding officer pronounce: Address Address City City Address State Zip State Zip City Phone No. Phone No. State Zip Phone No. I:\ADM\Cathy \CCA\Agenda Item 7 - 060711