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City Council Packet - 06/12/2007 T City of Tigard, Oregon • 13125 SWHall Blvd. • Tigard, OR 97223 TIGARD TIGARD CITY COUNCIL MEETING June 12, 2007 COUNCIL MEETING WILL BE TELEVISED I:\Ofs\Don n a's\Ccpktl Phone: 503.639.4171 . Fax: 503.684.7297 . www.tigard-or.gov . TTY Relay: 503.684.2772 O1V LA A ,~T ~LV 1V1~1T C ITY PUBLIC HEARING ITEM: PAl'EI~S The following will be considered by the Tigard City Council on Tuesday June 12, 2007 at 7:30 PM at the Tigard Civic Center - 6605 SE Lake Road, Portland, OR 97222 • PO Town Hall Room, 13125 SW Hall Boulevard, Tigard, Oregon Box 22109 9 Portland, OR 97269 97223. Public oral or written testimony is invited. The public hearing on Phone: 503-684-0360 Fax: 503-620-3433 1• this matter will be held under Title 18 and rules of procedure Email: legals@commnewspapers.com adopted by the Council and available at City Hall or the rules of procedure set forth in Section 18.390.060E. Further information may be obtained from the Planning Division AFFIDAVIT OF PUBLICATION (Staff contact: Emily Eng) at 13125 SW Hall Blvd., Tigard, State of Oregon, County of Washington, SS Oregon 97223, or by calling at 503.639.4171. I, Charlotte Allsop, being the first duly sworn, ZONE CHANGE ANNEXATION (ZCA) 2007-00002 depose and say that I am the Accounting REQUEST: The applicant requests approval to annex one parcel Manager of The Times (serving Tigard, (1.64 acres) and right-of-way on SW Bull Mountain Road con- Tualatin & Sherwood), a newspaper of taining a total of 1.74 acres to the City of Tigard. Goodlett general circulation, published at Beaverton, in Marshall Building and Development (Mike Goodlett) is the sole the aforesaid county and state, as defined by owner of the subject property and has consented to the annexation. ORS 193.010 and 193.020, that _ The owner intends to divide the property into ten lots. One adja- cent property owner was invited to join the annexation, but did not City of Tigard accept. LOCATION: 12300 SW Bull Mountain Road (South re side of SW Bull Mountain Road, adjacent to east side of the Re: Goodlett Annexation Thornwood subdivision, east of SW 125th 'Avenue); WCTM TT10968 : 2S110BC, Tax Lot 1201. COUNTY ZONE: R-6 District 1 6 Units' Per Acre). The purpose of the Washington a o, County R-6 District is to implement the policies of. the copy of which is hereto annexed, was v_ Comprehensive Plan for areas designated for residential develop- published in the entire issue of said ment at no more than six (6) units per acre and no less than five newspaper for IFF~ (5) units per acre, except as specified by Section 300-2 or Section 2 303-6. The intent of the R-6 District is to provide the opportunity weeks in the following issues ~Co for more flexibility in development than is allowed in the R-5 May 31, 2007 11 District. PROPOSED - CITY ZONE: R-7: Medium-Density June 7, 2007 - Residential District. The"City ofTigard R-7 zoning district is z_ designed to accommodate attached single-family homes, detached single-family homes with or without accessory residential units, at a minimum lot size of 5,000 square feet, and duplexes, at a mini- mum lot size of 10,000 square feet. Mobile home parks and sub- Cp „ „ divisions are also permitted outright. Some civic and institutional L uses are also permitted conditionally. APPLICABLE REVIEW Charlotte AllsO CRITERIA: The approval standards for annexations are set out p (Accounting Ma a9er) in Tigard Community Development Code Chapters 18.320 and 18.390; Tigard Comprehensive Plan Policies 1, 2 and 10; June 7, 2007 Statewide Planning Goals 1, 2, 11 & 12; ORS Chapter 222; and r Metro Code Chapter 3.09. Lb All documents and applicable criteria in the above-noted file are available for inspection at no cost or copies can be obtained for NOTARY PUBLIC FOR OREGON twenty=five cents (25¢),per page, or the current rate charged for My commission expires i copies at the time of the request. At least fifteen (15) days prior to ~O the hearing, a copy of the staff report will be available for inspec- cto tj tion at no cost, or a copy can be obtained for twenty-five cents (25¢) per page, or the current rate charged for copies at the time of Acct #10093001 the request. Information is also available by contacting the staff t contact listed above. Publish 5/31, 6/7/2007 TT10968 Patricia Lunsford/A/P OFFK SUZETTI City of Tigard 13125 SW Hall Blvd. NOTARY PL M COMMISSII Tigard, OR 97223 MY COMMISSION IXPI ` i zcnzooi °ooooi /i- j 1 Ni XATI . 27 ~N {TJ - ` s 1 .'a , ~t n Size:2 x 11 - a• Amount Due $183.70 r; li T 1 ~ 'Remit to address above b -~3 l ~l~ -to 1 F a L ~ --fit •a. j CO~UNITY r~]EWrSPAT'ERS 6605 SE Lake Road, Portland, OR 97222 • PO Box 22109 • Portland, OR 97269 Phone: 503-684-0360 Fax: 503-620-3433 scom Email: legals@commnewspape o CITY OF TIGARD AFFIDAVIT OF PUBLICATION = OREGON State of Oregon, County of Washington, SS I, Charlotte Allsop, being the first duty sworn, NOTICE OF PUBLIC HEARING depose and say that I am the Accounting Before the Tigard City Council Manager of The Times (serving Tigard, Proposed Amendment to the Tigard Municipal Code Tualatin & Sherwood), a newspaper of Require Chief Petitioners to be Electors to Sponsor Initiatives, Referenda, or Recall Petitions general circulation, published state, as defined by August 14, 2007 - 7:30 p.m. the aforesaid county ORS 193.010 and 193.020, that Notice is hereby given that the Tigard City Council will conduct a public hearing on August 14, 2007, 7:30 p.m., at Tigard City Hall, City of Tigard Town Hall, 13125 SW Hall Boulevard, Tigard, Oregon. Written Notice of Public Hearing and oral testimony is solicited as the Council considers an amend- ment to the Tigard Municipal Code to add Section 1.12.060, which TT11004 is proposed to read as follows: a copy of which is hereto annexed, was 1.12.060 - Chief Petitioners for Initiative, Referendum, or published in the entire issue of said Recall Petitions to be Electors of the City of Tigard. newspaper for No petition for initiative, referendum, or recall filed with the city 1 shall be valid unless all chief petitioners are electors of the city at weeks in the following issues the time of filing and remain electors of the city through the entire August 9, 2007 initiative, referendum, or recall process, including the election. Please forward questions or written testimony to Cathy Wheatley, Tigard City Recorder, 13125 SW Hall Boulevard, Tigard, Oregon; or email C00rd-or.go or telephone number (503) 718- 74 Publish sh 8/9/2 8/9/200? TT110 004 Charlotte Allsop (Accounting Mana r) August 9, 2007 NOTAR UBLIC OR OREGON My commission expires I ~ Acct #100_ 9__ 3001 Cathy Wheatley City of Tigard 13125 SW Hall Blvd. Tigard, OR 97223 Size:2 4.75 Amount Due $79.32 -Remit to address above OFFICIAL SEAL SuzETTEICURRAN NOTARY PUBLIC OREGON COMMISSION N0.373Q63 MY COMMISSION EXPIRES NOV. 28, 2007 e City of Tigard, Oregon Affidavit of Notification In the Matter of the Proposed Notification Public Hearing - Amend TMC 1. 12.060 - Chief Petitioners STATE OF OREGON ) County of Washington ) ss. City of Tigard ) I, CA-M-ElUXIC 1XI P t , being first duly sworn (or affirmed), by oath (or affirmation), depose and say: That I notified the following people/organizations by fax of • Notice of the Tigard City Council public hearing to require chief petitioners to be Tigard electors. A copy of said Notice being hereto attached and by reference made a part hereof, on the day of 320 07 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) City of Tigard Web Team A copy of said Notice being hereto attached and by reference made a part hereof, on the day of , 20D. Signature of Person who Perfo e Notification Subs ed an sworn (or affirmed) before me this 7 day of 20 OFFICIAL SEAL ~Ln~/v v CAROL A KRAGER NOTARY PUBLIC-OREGON Signature of Notary Public for Oregon COMMISSION NO. 402780 MY COMMISSION EXPIRES FEBRUARY23, 2010 07/27/2007 15:39 FAX 5036847297 City of Tigard [x001 ~ksk~k~ssk~~k~~s~k~k~k~k~k~k~k~k~k~kS~~k>Icxc~s~k~kak~k~k~k ' xc MULTI TX/RX REPORT xcx~ ~CSk~k~k*~~:~SNs~k~k~k~kxc~k~k~k~&~kac~k3c~k~Rsk~k~k~k~~k TX/RX NO 2846 PGS. 1 TX/RX INCOMPLETE [ 1115039687397 Regal Courier TRANSACTION OK [ 0615035460724 TT Newsroom [ 0915039686061 Oregonian ERROR INFORMATION City of Tigard toe":i.a!~rtiiklil'S'~','V.CS~SiicatL'8tsi7tikT.~lPSklil~'"rm'u3"deFiFII::JtitltC~i~idii9G,`~:.:1~6TiP.~3~i~R5Y.t;'Sf~xiL';.Fr~L:."`rfsT~C'.G"uTu7x :.iil!At@flrtXiiuiP;xdir3~CC'BY,cli.TXe..".~:'~'-JIir"..'UL':atY.c i:::Tai~i Notice of Public Hearing Before the Tigard City Council Proposed Amendment to the Tigard Municipal Code Require Chief Petitioners to be Electors to Sponsor Initiatives, Referenda, or Recall Petitions August 14, 2007 - 7:30 p.m. Notice is hereby given that the Tigard City Council will conduct a public hearing on August 14, 2007, 7:30 p.m., at Tigard City Hall, Town Hall, 13125 SW Hall Boulevard, Tigard, Oregon. Written and oral testimony is solicited as the Council considers an amendment to the Tigard Municipal. Code to add Section 1.12.060, which is proposed to read as follows: 1.12.060 - Chief Petitioners for Initiative, Referendum, or Recall Petitions to be Electors of the City of Tigard. No petition for initiative, referendum, or recall filed with the city shall be valid unless all chief petitioners are electors of the city at the time of filing and remain electors of the city through the entire initiative, referendum, or recall process, including the election. Please forward questions or written testimony to Cathy Wheatley, Tigard City Recorder, 13125 SW Hall Boulevard, Tigard, Oregon; or email Cathygtip d=or.gov.; or telephone number (503) 718- 7410. 0 athy Wh tley, Tigard City Re r r Date: July 27, 2007 Forward to: Times Publication Newsroom Oregonian Newsroom Regal Courier Newsroom Cathyy Wheatle y Notice of Public Heann From: Cathy Wheatley To: webteam Date: 7/27/2007 3:51:41 PM Subject: Notice of Public Hearing Attached is a notice of a public hearing that will be held before the Tigard City Council on August 14, 2007. Would you please post for public information on the Tigard website. Thanks, Cathy Cathy Wheatley, Tigard City Recorder 639-4171 Ext. 2410 NEW E-MAIL ADDRESS: cathy@tigard-or.gov City of Tigard ,all Notice of Public Hearing Before the Tigard City Council Proposed Amendment to the Tigard Municipal Code Require Chief Petitioners to be Electors to Sponsor Initiatives, Referenda, or Recall Petitions August 14, 2007 - 7:30 p.m. Notice is hereby given that the Tigard City Council will conduct a public hearing on August 14, 2007, 7:30 p.m., at Tigard City Hall, Town Hall, 13125 SW Hall Boulevard, Tigard, Oregon. Written and oral testimony is solicited as the Council considers an amendment to the Tigard Municipal Code to add Section 1.12.060, which is proposed to read as follows: 1.12.060 - Chief Petitioners for Initiative, Referendum, or Recall Petitions to be Electors of the City of Tigard. No petition for initiative, referendum, or recall filed with the city shall be valid unless all chief petitioners are electors of the city at the time of filing and remain electors of the city through the entire initiative, referendum, or recall process, including the election. Please forward questions or written testimony to Cathy Wheatley, Tigard City Recorder, 13125 SW Hall Boulevard, Tigard, Oregon; or email Cath 7 a,tig~ dor.gov.; or telephone number (503) 718- 7410. ra4l oucfm, athy Wh tley, Tigard City Re r r Date: July 27, 2007 Forward to: Times Publication Newsroom Oregonian Newsroom Regal Courier Newsroom Post: Tigard City Hall Tigard Permit Center Tigard Public Library kkadmtpacket'070708lCpostin0 - public notice - chief petitioner amendment to the tmc.doc City of Tigard Notice of Public Hearing Before the Tigard City Council Proposed Amendment to the Tigard Municipal Code Require Chief Petitioners to be Electors to Sponsor Initiatives, Referenda, or Recall Petitions August 14, 2007 - 7:30 p.m. Notice is hereby given that the Tigard City Council will conduct a public hearing on August 14, 2007, 7:30 p.m., at Tigard City Hall, Town Hall, 13125 SW Hall Boulevard, Tigard, Oregon. Written and oral testimony is solicited as the Council considers an amendment to the Tigard Municipal Code to add Section 1.12.060, which is proposed to read as follows: 1.12.060 - Chief Petitioners for Initiative, Referendum, or Recall Petitions to be Electors of the City of Tigard. No petition for initiative, referendum, or recall filed with the city shall be valid unless all chief petitioners are electors of the city at the time of filing and remain electors of the city through the entire initiative, referendum, or recall process, including the election. Please forward questions or written testimony to Cathy Wheatley, Tigard City Recorder, 13125 SW Hall Boulevard, Tigard, Oregon; or email Cathy@dVard-or.gov.; or telephone number (503) 718- 7410. ra'44- ouauttl' athy Wh tley, Tigard City Re r r Date: July 27, 2007 Forward to: Times Publication Newsroom Oregonian Newsroom Regal Courier Newsroom Post: Tigard City Hall Tigard Permit Center Tigard Public Library iAadm\packet'07\070814\po$ting - public notice - chief petitioner amendment to the tmc.doc City of Tigard, Oregon Affidavit of Posting In the Matter of the Proposed Notification Public Hearing - Amend TMC 1. 12.060 - Chief Petitioners STATE OF OREGON ) County of Washington ) ss. City of Tigard ) I, aj)Mna -c , being first duly sworn (or affirmed), by oath (or affirmation), depose and say: That I posted in ➢ Tigard City Hall, 13125 SW Hall Boulevard, Tigard, Oregon ➢ Tigard Public Library, 13500 SW Hall Boulevard, Tigard, Oregon ➢ Tigard Permit Center, 13125 SW Hall Boulevard, Tigard, Oregon a copy of Notice of the Tigard City Council public hearing to require chief petitioners to be Tigard electors. A coy of said Notice being hereto attached and by reference made a part hereof, on the day of 20 Signature of Person w o Performed Posting Subscribed and sworn before me this bi- day of Si ature of Notary ublic for Oregon OFFICIAL SEAL. JILL M BYARS NOTARY PUBLIC-OREGON COMMISSION NO. 381793 MY COMMISSION EXPIRES JUNE 14, 2008 City of Tigard Notice of Public Hearing Before the Tigard City Council Proposed Amendment to the Tigard Municipal Code Require Chief Petitioners to be Electors to Sponsor Initiatives, Referenda, or Recall Petitions August 14, 2007 - 7:30 p.m. Notice is hereby given that the Tigard City Council will conduct a public hearing on August 14, 2007, 7:30 p.m., at Tigard City Hall, Town Hall, 13125 SW Hall Boulevard, Tigard, Oregon. Written and oral testimony is solicited as the Council considers an amendment to the Tigard Municipal Code to add Section 1.12.060, which is proposed to read as follows: 1.12.060 - Chief Petitioners for Initiative, Referendum, or Recall Petitions to be Electors of the City of Tigard. No petition for initiative, referendum, or recall filed with the city shall be valid unless all chief petitioners are electors of the city at the time of filing and remain electors of the city through the entire initiative, referendum, or recall process, including the election. Please forward questions or written testimony to Cathy Wheatley, Tigard City Recorder, 13125 SW Hall Boulevard, Tigard, Oregon; or email Cath 7 c ,tip dlor.gov.; or telephone number (503) 718- 7410. / I UV ~ athy Wh tley, Tigard City Re r r Date: July 27, 2007 Forward to: Times Publication Newsroom Oregonian Newsroom Regal Courier Newsroom Post: Tigard City Hall Tigard Permit Center Tigard Public Library i:ladmtpacket'0710708141posting - public notice - chief petitioner amendment to the tmc.doc CO~UNITY PUBLIC HEARING ITEM: The following will be considered by the Tigard City Council on PAPERS Tuesday June 12, 2007 at 7:30 PM at the Tigard Civic Center - Town Hall, 13125 SW Hall Blvd., Tigard, Oregon. 6605 SE Lake Road, Portland, OR 97222 • PO Public oral or written testimony is invited. The public hearing on Box 22109 • Portland, OR 97269 this matter will be held under Title 18 and rules of procedure Phone: 503-684-0360 Fax: 503-620-3433 adopted by the Council and available at City Hall or the rules of Email: legals@Commnewspapers.com procedure set forth in Section 18.390.060E. Further information may be obtained from the City of Tigard Planning Division (Staff contact: Cheryl Caines) at 13125 SW AFFIDAVIT OF PUBLICATION Hall Blvd., Tigard, Oregon 97223, by calling 503-639-4171, or by State of Oregon, County of Washington, SS email to cheryle(ktigard-or.gov. 1, Charlotte Allsop, being the first duly sworn, DEVELOPMENT CODE AMENDMENT (DCA) 2007-00001 - ENTERTAINMENT ORIENTED USE CODE AMENDMENT depose and.say that I am the Accounting - Manager of The Times (serving Tigard, REQUEST: A DEVELOPMENT CODE AMENDMENT TO Tualatin & Sherwood), a newspaper of AMEND THE RESIDENTIAL ZONING DISTRICTS general circulation, published at Beaverton, in CHAPTER (18.510) AND CONDITIONAL USE CHAPTER the aforesaid county and state, as defined by 1(18.330) OF THE TIGARD DEVELOPMENT CODE. THE ORS 193.010 and 193.020, that PROPOSED AMENDMENT WOULD ALLOW MAJOR EVENT ENTERTAINMENT . (ATHLETIC, CULTURAL OR.. ENTER- TAINMENT EVENTS) AS A CONDITIONAL USE ON PUBLIC City of Tigard J SCHOOL SITES WITHIN RESIDENTIAL ZONES. LOCA- Entertainment Oriented Use Code Amend. TION: CITYWIDE. ZONE: ALL RESIDENTIAL ZONES. TT10962 'APPLICABLE REVIEW CRITERIA: ' * COMMUNITY DEVELOPMENT CODE CHAPTERS 18.330, 18.380, 18.390 a copy of which is hereto annexed, was AND 18.510; COMPREHENSIVE PLAN POLICIES 1, 2 AND 6; published in the entire issue of said iTHE METRO URBAN GROWTH MANAGEMENT PLAN newspaper for ';TITLES 1, 8 AND 12; METRO REGIONAL FRAMEWORK' 1 PLAN POLICIES 1.14 AND 8.3; AND STATEWIDE weeks in the following PLANNING GOALS 1, 2, AND 10. 5/24/2007 TT10962 g issues 5/24/2007 May 24, 2007 Charlotte Allsop (Accounting Manager) May 24, 2007 1~v kj- I ( OTAR UBLIC FOR OREGON My commission expires ' p -V (Sv. aO ,moo 7 Acct #10093001 Patricia Lunsford/A/P City of Tigard OFFICIAL SEAL 13125 SW Hall Blvd. SUZETTE I CURRAN NOTARY PUBLIC-OREGON Tigard, OR 97223 COMMISSION NO. 373063 MY COMMISSION EXPIRES NOV. 28, 2007 Size:2 x 4.75 Amount Due $79.32 'Remit to address above i inc • City Center Development Agency City of Tigard, Oregon Affidavit of Notification In the Matter of the Notification of Consideration of City Center Development Agency August 14, 2007, Agenda Item No. 8: DOWNTOWN URBAN DESIGN UPDATE - CITY CENTER ADVISORY COMMISSION (CCAC) AND PLANNING COMMISSION RECOMMENDATIONS STATE OF OREGON ) County of Washington) ss. City of Tigard ) I, being first duly sworn (or affirmed), by oath (or affirmation), depose and say: That I notified the following people/organizations by fax : Barbara Sherman, Newsroom, Tigard Times (Fax No. 503-546-0724) Newsroom, The Oregonian (Fax No. 503-968-6061) and the following people/organizations by e-mail: Editor, The Regal Courier (Fax No. 503-968-7397) r~ A copy of said Notice being hereto attached and by reference made a part hereof, on the day of , 20 6)? Signatur erson who Performed N-od'ficjOn Subscribed and sworn (or affirmed) before me this 3 day of 2007 OFFICIAL SEAL JILL M BYARS *NOTARY PUBLIC-OREGON Signature of Notary ublic for Oregon COMMISSION NO. 381793 MY COMMISSION EXPIRES JUNE 14, 2008 i CIGARD CITY CENTER DEVELOPMENT AGENCY , MEETING ~ AUGUSTA 2007 'TIGARD CI'1 ~ HALL' 13125 SN'~IULL€BLVD. TIG.A°IZD OR 97223 NOTICE The City Center Development Agency (CCDA) will have before it on the August 14, 2007, City Council and City Center Development Agency Meeting Agenda the following item for consideration: Agenda Item No. 8 - DOWNTOWN URBAN DESIGN UPDATE - CITY CENTER ADVISORY COMMISSION (CCAC) AND PLANNING COMMISSION RECOMMENDATIONS Please forward to: ❑ Barbara Sherman, Newsroom, The Times (Fax No. 503-546-0724) ❑ Newsroom, The Oregonian (Fax No. 503-968-6061) ❑ Editor, The Regal Courier (Fax No. 503-968-7397) The CCDA was reactivated by Resolution 05-32 on May 10, 2005, and will meet occasionally to address issues related to urban renewal. The CCDA, functioning as the city's urban renewal agency, will work on an urban renewal plan designed to facilitate the development and redevelopment of downtown Tigard and possibly other areas within the city. For further information, please contact Deputy City Recorder Carol K.rager by calling 503-639-4171, ext. 2419. Deputy City Recorder ? Date: J a 7 Post: Tigard City Hall Tigard Permit Center Tigard Public Library NOTICE The City Center Development Agency (CCDA) will have before it on the August 14, 2007, City Council and City Center Development Agency Meeting Agenda the following item for consideration: Agenda Item No. 8 - DOWNTOWN URBAN DESIGN UPDATE - CITY CENTER ADVISORY COMMISSION (CCAC) AND PLANNING COMMISSION RECOMMENDATIONS Please forward to: ❑ Barbara Sherman, Newsroom, The Times (Fax No. 503-546-0724) ❑ Newsroom, The Oregonian (Fax No. 503-968-6061) ❑ Editor, The Regal Courier (Fax No. 503-968-7397) The CCDA was reactivated by Resolution 05-32 on May 10, 2005, and will meet occasionally to address issues related to urbanrenewal. The CCDA, functioning as the city's urban renewal agency, will work on an urban renewal plan designed to facilitate the development and redevelopment of downtown Tigard and possibly other areas within the city. For further information, please contact Deputy City Recorder Carol Krager by calling 503-639-4171, ext. 2419. Deputy City Recorder Date: `3 a QQ Post: Tigard City Hall Tigard Permit Center Tigard Public Library xo L~ns~x T ZNRS 'sod 9£,0o Z H9vsa £Z:VT £0/90 axil 'ZS usTuosa.z0 QI NOIZ0HNN00 ssamavsns T909996£05 IR,L NOI10HNNO0 OL8Z ON XH/XZ XO NOISSINSNVHI laodaH XIL TOO PdvsTZ So 91TO L6ZLV99£09 XVd £Z:tT LOOZ/£0/80 Page 1 of 1 Carol Krager - City Center Development Agency -Meeting Notice From: Carol Krager To: Editor@TheRegalCourier.com Date: 8/3/2007 1:46 PM Subject: City Center Development Agency Meeting Notice Attached is a notice for Tigard's City Center Development Agency who will be meeting during a City Council meeting on August 14, 2007. Please call me if you have any questions, (503) 718-2419. file://C:\Documents and Settings\carolkTocal Settings\Temp\GW}000O1.HTM 8/3/2007 10~~~/zuu/ 13:51 FAX 5036847297 City of Tigard 001 aK>k>k~~~~~>k>k~~&>k~xcac>K~~~k# >k>kx~ TX REPORT TRANSMISSION OK TX/RX NO 2863 CONNECTION TEL SUBADDRESS 5035460724 CONNECTION ID TT Newsroom ST. TIME 08/03 13:50 USAGE T 01'11 PGS. SENT 1 RESULT OK . '~~rr H~j'jjS'.y . ! • i t - iti!P i~ ti: i ! . t ~,,t: KfL't~l~ I•'j't''~133~ j i ttj.`°:~t 19t ~ I' ,rri;i.~i'..!!~j`,~( 3?t~ 11 !?i~'' ij{!P h, vl.n !iili 5'! _ ~ i i ' I' iii . i ~t lr~ pt i ~j.?}:a: ~i _ ! 7'~t~~ ti• ' ' ~i , t t'fi?t'~~'+i) t Lf~Hfl,~:~nq t ' I! 1(h•~ ~'Jt Lrr'i. h 9 d + i .!I i'„it , ~9! iJ! 1~ I~i li ,k ! }t~ a ~i j• ~ tip}. Hi w ~ t. ' h. ~ !t •}r.~.r! pt i l Ikr i ~yt? rl Y I'r , ! t ft ° r3 nKJ tq;~ 1 t~~t, ••ffjlk4lo~!~~~'i'.tj..:1.'~t::'i~'!~~"' ~t'i'r!t a5r,`` ~1~~! r dt i r'luff '(1 i! u . !f; ' tfu ..t i J'! •~jJyj hr"" 'i 4" G Ri,i ~i'}j'! r t ~ ' tjEr G? t t!jP t 'jlt.~J .jt~r !•tl` " p'4j)i its '1 I t''i, t ?S~}•F ! , et~ ~'"q'tifll' 1 p ! S3~:? tit, I° i•t l i'ilv?.:. i t ! . t . ' : 4 3 I ilrr~: •,.t f{t ~ {{l Il iitpy'}~!333'!!, i2y: }.t: trit 1• ' uii: ut t i~,. u .r~:.clf; 1 !t 1 ~ 1 U } t' >.!~t.,._f,}1' i~i~..uJr • t• ;g'~~i'~ 1 } ~ ( 1?ri:.L!fi5ttl 1 .t'~;!•1't•'.! '}ei'Eu'P,'LI f~. t i t ' 6't (❑i•@ 'f. fG[B i !'au• u' ~ t ' tf : ~ P! i I tcct!~?~t t~~J-'~~!~ ! ~,d s?,~uK1Lii~!}~!~'(~'•I~s~lj~~)'~ :t.'•. E~ ~ ~j 1~~!~ttl'!J('''~'.afl''10If'F•i9 SrG,;!,i;: t} jiu,• ti °t C ,!I' t t .J . r".1 irf"ih~!!.~,!;~.~I , F t , ! ' t't + ?R, 11' •i'~i F tl~.~ , ryr•t(~ i `4t'P1' t''anj ~ ! . • fill ii I , r i'r_.~vfj~•ti,h,~,~~_{(•y "•j7 i~l!.t , ~ , tl~ t~ f f ~Gli •}fj~4 . • ff, ,!ih, f ! i! • • r_ • n •7 t.~' T {i...., i i.~:. ~ • k4fi ~tyt ur ~ t • i . ~•dv iylE• 1• • n 'it • fEt t 4t • ~ ~ : NOTICE The City Center Development Agency (CCDA) will have before it on the August 14, 2007) City Council and City Center Development Meeting Agenda the following item for consideration:Agenda Item No, 8 - DOWNTOWN URBAN DESIGN UPDATE - CITY CENTER ADVISORY COMMISSION (CCAC) AND PLANNING COMMISSION RECOMMENDATIONS Please forward to: ❑ Barbara Sherman, Newsroom, The Times (Fax No. 503-546-0724) ❑ Newsroom, The Oregonian (Fax No. 503-968-6061) ❑ Editor, 'Fhe Regal Courier (Fax No. 503-968-7397) The CCDA was reactivated by Resolution 05-32 on May 10, 2005, and will meet occasionally to urban renewal. The CCDA, functioning as the city's urban renewal agency, will work an an urban renewal plan designed to facilitate the development and redevelopment of downtown Tigard and d possibly other r City Center Development Agency City of Tigard, Oregon Affidavit of Posting In the Matter of the Notification of Consideration of City Center Development Agency On August 14, 2007, Agenda Item No. 8: DOWNTOWN URBAN DESIGN UPDATE - CITY CENTER ADVISORY COMMISSION (CCAC) AND PLANNING COMMISSION RECOMMENDATIONS STATE OF OREGON ) County of Washington) ss. City of Tigard ` I, - / , being first duly sworn (or affirmed), by oath (or affirmation), depose and say: That I posted in ➢ Tigard City Hall, 13125 SW Hall Boulevard, Tigard, Oregon ➢ Tigard Public Library, 13500 SW Hall Boulevard, Tigard, Oregon ➢ Tigard Permit Center, 13125 SW Hall Boulevard, Tigard, Oregon A copy of said Notification of Consideration of City Center Development Agency August 14, 2007, Agenda Item No. 8 - DOWNTOWN URBAN DESIGN UPDATE - CITY CENTER ADVISORY COMMISSION (CCAC) AND PLANNING COMMISSION RECOMMENDATIONS A copy of said Notice being hereto attached and by reference made a part hereof, on the 3 2 day of , 20~. 'AU4-4.4.1~ Signature of P who Performed Notific n Subscribed and sworn (or affirmed) before me this day of 2067. ell OFFICIAL SEAL Si ature of Notary ublic for Oregon JILL M BYARS NOTARY PUBLIC-OREGON COMMISSION NO, 32793 MY COMMISSION EXPIRES JUNE 14.2008 TIGARD'CITY CENTER 'DEVELOPMENT AGENCY MEETING AUGUST 14 2007 TIGARD CITY HALL 1 _ 13125 SW HALL BLVD.. , - TTGATtD OR 97223 NOTICE The City Center Development Agency (CCDA) will have before it on the August 14, 2007, City Council and City Center Development Agency Meeting Agenda the following item for consideration: Agenda Item No. 8 - DOWNTOWN URBAN DESIGN UPDATE - CITY CENTER ADVISORY COMMISSION (CCAC) AND PLANNING COMMISSION RECOMMENDATIONS Please forward to: ❑ Barbara Sherman, Newsroom, The Times (Fax No. 503-546-0724) ❑ Newsroom, The Oregonian (Fax No. 503-968-6061) ❑ Editor, The Regal Courier (Fax No. 503-968-7397) The CCDA was reactivated by Resolution 05-32 on May 10, 2005, and will meet occasionally to address issues related to urban renewal. The CCDA, functioning as the city's urban renewal agency, will work on an urban renewal plan designed to facilitate the development and redevelopment of downtown Tigard and possibly other areas within the city. For further information, please contact Deputy City Recorder Carol Krager by calling 503-639-4171, ext. 2419. ~L Deputy City Recorder ? Date: x/,,//~ J a Q~ 7 Post: Tigard City Hall Tigard Permit Center Tigard Public Library dot TIGARD CITY COUNCIL, LOCAL CONTRACT REVIEW BOARD AND CITY CENTER DEVELOPMENT AGENCY MEETING JUNE 12, 2007 6:30 p.m. - TIGARD CITY HALL 13125 SW HALL BLVD. 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 Deaf). 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 Dea~. SEE ATTACHED AGENDA Council Agenda - June 12, 2007 page 1 AGENDA TIGARD CITY COUNCIL MEETING JUNE 12, 2007 6:30 PM • EXECUTIVE SESSION: The Tigard City Council will go into Executive Session to discuss real property transaction negotiations, under ORS 192.660(2) (e); exempt public records, under ORS 192.660(2) (f); labor negotiations, under ORS 192.660(2) (d); and consultation with counsel regarding current litigation or litigation likely to be filed, under ORS 192.660 (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. • STUDY SESSION 7:30 I'M 1. BUSINESS MEETING 1.1 Call to Order - City Council & Local Contract Review Board 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 2. CITIZEN COMMUNICATION (Two Minutes or Less, Please) • Follow-up on Previous Citizen Communication • Follow-up on Fifth Tuesday Meeting 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 April 10 and April 17, 2007 3.2 Receive and File: 3.2.a Council Calendar 3.2.b Tentative Agenda 3.3 Adopt Revisions to City Wide Personnel Policies - Resolution No. 07- 3.4 Adopt FY 07-08 Downtown Implementation Strategy 3.5 Approve Amendment No. 1 to Intergovernmental Agreement for TriMet Transit Police Services Council Agenda - June 12, 2007 page 2 3.6 Approve Amendment No. 1 to City Manager Employment Agreement to provide for Paid Time Off as allowed by City Management, Supervisory, and Confidential Employee Personnel Policies. 3.7 Local Contract Review Board - a. Award Contract for the Construction of Bull Mountain Road Right-Turn Lane Widening to D & D Concrete Consent Agenda - Items Removed for S4arate 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. 4. AUTHORIZE THE TRANSFER OF $670,000 FROM THE PARKS CAPITAL FUND TO THE WATER CAPITAL IMPROVEMENT PROJECT FUND TO CONVERT THE CLUTE PROPERTY FROM A WATER ASSET TO A PARK ASSET a. Staff Report: Public Works Department b. Council Discussion C. Council Consideration: Resolution No. 5. LEGISLATIVE PUBLIC HEARING - ENTERTAINMENT ORIENTED USE CODE AMENDMENT (DCA2007-00001) TO ALLOW MAJOR EVENT ENTERTAINMENT IN RESIDENTIAL ZONES ON PUBLIC SCHOOL SITES REQUEST: A Development Code Amendment to amend the Residential Zoning Districts Chapter (18.510) and Conditional Use Chapter (18.330) of the Tigard Development Code. The proposed amendment would allow Major Event Entertainment (athletic, cultural or entertainment events) as a conditional use on public school sites within residential zones. LOCATION: Citywide. ZONE: All Residential Zones. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.330, 18.380, 18.390 and 18.510; Comprehensive Plan Policies 1, 2 and 6; The Metro Urban Growth Management Plan Titles 1, 8 and 12; Metro Regional Framework Plan Policies 1.14 and 8.3; and Statewide Planning Goals 1, 2, and 10. 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 C. Staff Recommendation f. Council Questions g. Close Public Hearing h. Council Consideration: Ordinance No. 07- Council Agenda - June 12, 2007 page 3 6. QUASI JUDICIAL PUBLIC HEARING - GOODLETT ANNEXATION (ZCA 2007- 00002) PROPOSAL: The applicant requests approval of annexation of one parcel (1.64 acres) and right-of-way on SW Bull Mountain containing a total of 1.74 acres to the City of Tigard. Property owner Goodlett Marshall Building and Development (Mike Goodlett) requests annexation of one parcel, with plans to divide it into 10 lots. One adjacent proper was invited to join the annexation, but did not accept the invitation. The sole owner oVthe subject parcel has consented to the annexation. Note: All right-of-way on the portion of SW Bull Mountain Road adjacent to the subject property is already within City limits. While annexing the right-of-way is not necessary and the applicant has provided a legal description and map that over-describes the proposed annexation area, Washington County has indicated that an over-description is acceptable. LOCATION: 12300 SW Bull Mountain Road (South side of SW Bull Mountain Road, adjacent to east side of the Thornwood subdivision, east of SW 125th Avenue); WCTM 2S110BC, Tax Lot 1201. CURRENT ZONE: R-6 District (Residential 6 Units Per Acre). The purpose of the Washington County R-6 District is to implement the policies of the Comprehensive Plan for areas designated for residential development at no more than six (6) units per acre and no less than five (5) units per acre, except as specified by Section 300-2 or Section 303-6. The intent of the R-6 District is to provide the opportunity for more flexibility in development than is allowed in the R-5 District. The average lot area for single family detached dwellings within a proposed development shall be no less than 4,500 square feet and the minimum lot area shall be 4,000 square feet. The minimum lot area for single family attached units shall be 3,500 square feet. EQUIVALENT CITY ZONE: R-7: Medium-Density Residential District. The City of Tigard R-7 zoning district is designed to accommodate attached single-family homes, detached single-family homes with or without accessory residential units, at a minimum lot size of 5,000 square feet, and duplexes, at a minimum lot size of 10,000 square feet. Mobile home parks and subdivisions are also permitted outright. Some civic and institutional uses are also permitted conditionally. Note: In a subdivision, lot size may be averaged to allow lots less than the minimum lot size allowed in the underlying zoning district as long as the average lot area for all lots is not less than allowed Z/01 e underlying zoning district. No lot created under this provision shall be less than of the minimum lot size allowed in the underlying zoning district. APPLICABLE REVIEW CRITERIA: ORS Chapter 222, Metro Code Chapter 3.09, Comprehensive Plan Policies 2 and 10, Community Development Code Chapters 18.320 and 18.390. a. Open Public Hearing - Mayor b. Statement by City Attorney Regarding Procedure C. Declarations or Challenges - Do any members of Council wish to report any ex parte contact or information gained outside the hearing, including any site visits? - Have all members familiarized themselves with the application? Are there any challenges from the audience pertaining to the Council's jurisdiction to hear this matter or is there a challenge on the participation of any member of the Council? d. Staff Report: Community Development Department e. Public Testimony - Proponents Applicant Other Proponents - Opponents - Rebuttal/Final argument by applicant f. Staff Recommendation g. Close Public Hearing h. Council Discussion and Consideration: Ordinance No. 07- Council Agenda - June 12, 2007 page 4 7. PUBLIC HEARING - CONSIDER A RESOLUTION CERTIFYING THE CITY PROVIDES SERVICES QUALIFYING FOR STATE SHARED REVENUES a. Open Public Hearing b. Summation by Financial and Information Services Staff C. Public Testimony d. Staff Recommendation e. Council Discussion f Close Public Hearing g. Council Consideration: Resolution No. 07- 8. PUBLIC HEARING - CONSIDER A RESOLUTION DECLARING THE CITY'S ELECTION TO RECEIVE STATE SHARED REVENUES a. Open Public Hearing b. Summation by Financial and Information Services Staff C. Public Testimony d. Staff Recommendation e. Council Discussion f Close Public Hearing g. Council Consideration: Resolution No. 07- 9. PUBLIC HEARING - ADOPT COMMUNITY INVESTMENT PLAN FOR 2007-2012 a. Open Public Hearing b. Summation by Community Development Staff C. Public Testimony d. Staff Recommendation C. Council Discussion f Close Public Hearing g. Council Consideration: A motion to adopt the Community Investment Program for 2007-2012 10. CONSIDER A RESOLUTION ADOPTING THE CITYWIDE MASTER FEES AND CHARGES SCHEDULE, WHICH REPLACES RESOLUTION NO. 06-36 AND ALL SUBSEQUENT AMENDMENTS TO DATE a. Staff Report: Financial and Information Services Department b. Council Discussion C. Council Consideration: Resolution No. 07- Council Agenda - June 12, 2007 page 5 11. PUBLIC HEARING - CONSIDER A RESOLUTION OF THE CITY OF TIGARD ADOPTING THE BUDGET, MAKING APPROPRIATIONS, DECLARING THE VALOREM TAX LEVY, AND CLASSIFYING THE LEVY AS PROVIDED BY ORS 310.060 (2) FOR FISCAL YEAR 2007-2008 a. Open Public Hearing b. Summation by Finance and Information Services Staff C. Public Testimony d. Staff Recommendation e. Council Discussion f. Close Public Hearing g. Council Consideration: Resolution No. 07- 12. CONSIDER AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF TIGARD AND THE CITY CENTER DEVELOPMENT AGENCY TO LOAN FUNDS FOR CAPITAL IMPROVEMENTS a. Staff Report: Financial and Information Services Department b. Council Discussion C. Council Consideration: Resolution No. 07- Recess City Council Meeting Convene City Center Development Agency (CCDA) Meeting • Call to Order: • Roll Call 13. CONSIDER AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF TIGARD AND THE CITY CENTER DEVELOPMENT AGENCY (CCDA) TO LOAN FUNDS FOR CAPITAL IMPROVEMENTS a. Staff Report: Financial and Information Services Department b. CCDA Discussion C. Consideration: CCDA Resolution No. 07- 14. ADOPT CITY CENTER DEVELOPMENT AGENCY (CCDA) BUDGET a. Staff Report: Community Development Department b. CCDA Discussion C. Consideration: CCDA Resolution No. 07- 15. COUNCIL LIAISON REPORTS 16. NON AGENDA ITEMS Council Agenda - June 12, 2007 page 6 17. 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. 18. ADJOURNMENT i:\ adm\cathy\cca\2007\070012.doc Council Agenda - June 12, 2007 page 7 STUDY SESSION AGENDA TIGARD CITY COUNCIL BUSINESS MEETING August 14, 2007 13125 SW Hall Boulevard, Tigard, Oregon 6:30 PM • STUDY SESSION > Council Discussion Regarding Washington County Coordinating Committee Transportation Funding Options - Mayor Dirksen > Council Discussion Regarding the North Bethany Urban Renewal District > Council Discussion Regarding the Library Building Coffee Bar • 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 ::RS 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. > Administrative Items ■ Washington County Ten-Year Plan to End Homelessness ■ Councilor Wilson and Councilor Woodruff will be absent for the August 21 City Council Workshop meeting. Please review agenda and send comments, if any. ■ Discuss November and December Council Meeting Schedule (See attached calendar.) ■ Council will be attending National League of Cities on November 13, the first business meeting for November. One option: Hold the first business meeting on the first Tuesday of the month, November 6. ■ The last business meeting date for December falls on December 25. One option would be to hold two business meetings in December: December 11 and 18. ■ Tigard/IWB/Lake Oswego Water Task Force - Schedule Meeting ■ Council Calendar: August *14 Tuesday Tigard City Council Business Meeting - 6:30 pm, City Hall *21 Tuesday Tigard City Council Workshop Meeting - 6:30 pm, City Hall *28 Tuesday Tigard City Council Business Meeting - 6:30 pm, City Hall September *11 Tuesday Tigard City Council Business Meeting - 6:30 pm, City Hall *18 Tuesday Tigard City Council Workshop Meeting - 6:30 pm, City Hall *25 Tuesday Tigard City Council Business Meeting - 6:30 pm, City Hall *Regular Council meetings. August 14, 2007 Page 1 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) - 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. i:ladmNcalhy%c ss - pink sheet1200T070410.do August 14, 2007 Page 2 Council Meeting Dates. August 14, 21, apd 28 City Council meetings. September 11, 18, and 25 City Council meetings. October 9, 16, and 23 City Council meetings. October 30 - City Council Fifth Tuesday Meeting November 12 - Veteran's Day Holiday Observed at City Hall X Week of November 12 - National League of Cities St November 22 and 23 - Thanksgiving Holidays Observed at City Hall X November 6(?), 20, and 27 City Council Meetings 9 December 25 - Christmas Holiday Observed at City Hall X December 11 and 18 - Two business meetings? August 2007 September 2007 Su Mo Tu We Th Fr Sa Su Mo Tu We Th Fr Sa 1 2 3 4 1 5 6 7 8 91011 2 X 4 5 6 7 8 112 13 x$'15 16 17.18 9 10'4 12 13 14 15 19 20 (L 22 23 24 25 16 17 10 19 20 21 22 26 27 ' 29 30 31 23 24 X 26 27 28 29 30 5:4 12:0 20:4) 28:0 3:0 11:• 19:4) 26:0 October 2007 November 2007 December 2007 Su Mo Tu We Th Fr Sa Su Mo Tu We Th Fr Sa Su Mo Tu We Th Fr Sa 1 2 3 4 5 6 1 2 3 1 7 8 10 11 12 13 4 5© 7 8 9 10 2 3 4 5 6 7 8 14 15 17 18 19 20 11 X ~Z 14 15 16 17 9 10 12 13 14 15 21 22 i 24 25 26 27 18 19~O 21 >Q X 24 16 17 19 20 21 22 28 29 30 31 25 26 SCI 28 29 30 23 245 26 27 28 29 30 31 3:0 11:• 19:4) 26:0 1:0 9:• 17:4) 24:0 1:0 9:• 17:4) 23:0 31:0 City of Tigard, Oregon Affidavit of Posting TIGARD In the Matter of the Proposed Ordinance(s) STATE OF OREGON ) County of Washington ) ss. City of Tigard ) I, )nil 11 A #=:c (en , 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 il mmve- d- Number(s) which were adopted at the City Council O C O y n , /D / meeting of l~ ~a oZO~ / , with a copy(s) of said Ordinance(s) being hereto attached and y 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 Signature of Person who Performed Posting Subscribed and sworn before me this 115 ~ day of {rl" .20 b~ 01 OFFICIAL SEAL JILL M BYARS Si~ ature of Notary ublic for Oregon "•NOTARY PUBLIC-OREGON COMMISSION NO. 381793 MY COMMISSION EXPIRES JUNE 14, 2008 0adm\c8thyVonns\pos1 ordinance 2006.doc CITY OF TIGARD, OREGON TIGARD CITY COUNCIL ORDINANCE NO.07-~ AN ORDINANCE AMENDING THE TIGARD COMMUNITY DEVELOPMENT CODE (DCA2007-00001) CHAPTERS 18.330 - CONDITIONAL USE AND 18.510 - RESIDENTIAL ZONING DISTRICTS, SPECIFICALLY TO ALLOW MAJOR EVENT ENTERTAINMENT AS A CONDITIONAL USE ON PUBLIC SCHOOL SITES WITHIN ALL RESIDENTIAL ZONES AND ADD ADDITIONAL DEVELOPMENT STANDARDS FOR THE USE AND DECLARING AN EMERGENCY. WHEREAS, the Tigard City Council directed Staff to prepare a Development Code Amendment to allow Major Event Entertainment uses such as community theatre on school sites; and WHEREAS, these uses may have adverse impacts on residential areas and it is therefore necessary to require a Conditional Use permit and additional limitations on school sites; 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 hearing on May 7, 2007, and recommended approval of the proposed amendment with a 8-0 vote; and WHEREAS, notice of the public hearings was published in the Tigard Times Newspaper at least 10 business days prior to the public hearings; and WHEREAS, the Tigard City Council finds that the individual Major Event Entertainment uses can be further restricted through the Conditional Use process in order to protect livability of residential neighborhoods, while providing cultural opportunities for the citizens of Tigard that may not otherwise be available; 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 City Council has found the following to be the applicable review criteria: Community Development Code Chapters 18.330, 18.380, 18.390 and 18.510; Comprehensive Plan Policies 1, 2 and 6; The Metro Urban Growth Management Plan Titles 1, 8 and 12; Metro Regional Framework Plan Policies 1.14 and 8.3; and Statewide Planning Goals 1, 2 and 10; and WHEREAS, the Tigard City Council held a public hearing on June 12, 2007 to consider the proposed amendments; and ORDINANCE No. 07- o~ Page 1 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 QTY 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 Gty Council. SECIION 2: In order to encourage the timely development of cultural activities an emergency is declared and this ordinance shall take effect upon passage by the Council, signature by the Mayor, and posting by the City Recorder. PASSED: By L) )i aYC(nm, vote of all Co cil members present after being read by number and title only, this day of n~ )2007. Catherine Wheatley, City Recorder APPROVED: By Tigard City Council this day of --Lg-rLQ----g , 2007. Craig ksen, Mayor Approved as to form: Attorney Dat ORDINANCE No. 07- Page 2 EXHIBIT A DCA2007-00001 ENTERTAINMENT - ORIENTED USE CODE AMENDMENT April' 2007 Explanation of Formatting: These text amendments employ the following formatting: [Bold, Underline andItalic] - Text to be added Proposed code language is as.follows: TABLE 18.510.1 USE TABLE USE CATEGORY R-1 R-2 R-3.5 R-4.5 R-7 R-12 R-25 R-40 Schools C13 C13 C13 C13 C13 C43 C" r+13 "Permitted as a conditional use on public school sites. CHAPTER 18.330 CONDITIONAL USE 13. Major Event Entertainment: a. The minimum lot size shall be two acres; b. Setbacks: (1) The front yard setback shall be a minimum of 30 feet; (2) On corner lots and through lots, the setback shall be a minimum of 25 feet on any side facing a street, plus meets visual clearance areas, Chapter 18.795; (3) The side yard setback shall be a minimum of 25 feet; (4) The rear yard setback shall be a minimum of 30 feet; and (5) Each setback shall be increased five feet for every 10 feet of building height over 45 feet. c. With regard to off-street parking: Exempt, if constructed with a school use for school activities only. Otherwise, requirements shall comply with Section 18.765; d. On school sites the use must be within existing buildings of 10,000 square feet or greater. Expansions based on the original square footage, up. to a maximum of 50% are allowed. Agenda Item No. , For Agenda of. -)8' ~o® TIGARD CITY COUNCIL MEETING Meeting Minutes JUNE 12, 2007 Mayor Dirksen called the meeting to order at 6:31 p.m. • EXECUTIVE SESSION: The Tigard City Council went into Executive Session to discuss real property transaction negotiations, under ORS 192.660(2) (e); exempt public records, under ORS 192.660(2) ft labor negotiations, under ORS 192.660(2) (d); and consultation with counsel regarding current litigation or litigation likely to be filed, under ORS 192.660 (h) Executive Session concluded at 7:33 p.m. 1. BUSINESS MEETING 1.1 Mayor Dirksen called the Tigard City Council & Local Contract Review Board. 1.2 Roll Call: Name Present Absent Mayor Dirksen ✓ Councilor Buchner ✓ Councilor Sherwood ✓ Councilor Wilson ✓ Councilor Woodruff ✓ 1.3 Pledge of Allegiance 1.4 and 1.5 Council Communications, Liaison Reports and Call for Non-Agenda Discussion/Comments Councilor Sherwood advised she and Councilor Wilson will give a short update on an item at the end of the City Council meeting; during non-agenda. Mayor Dirksen reported he would provide a brief update on an action the Washington County Coordinating Committee took this last week during non-agenda. City Council, City Center Development Agency, and Local Contract Review Board Meeting Minutes - June 12, 2007 page 1 Councilor Woodruff noted that Mayor Dirksen represented the City of Tigard in the Rose Parade along with other Oregon Mayors. Mayor Dirksen said that Portland Mayor Potter invited Mayors from all over the State of Oregon to walk in the parade; there were 73 mayors. Councilor Sherwood congratulated Mayor Dirksen who is now a Royal Rosarian. City Manager Prosser advised there was an additional non-agenda item for the Council's consideration regarding real property. Action or Follow-Up Required See Agenda Item No. 16 - Non-Agenda 2. CITIZEN COMMUNICATION Discussion/Comments ■ No one signed the sign-in sheet. ■ Follow-up on Previous Citizen Communication: City Manager Prosser reported at the last meeting Council received a communication from a citizen who was interested in seeing if there were opportunities to change the amount of time that citizens have to review development applications. City officials will need to contact our legislative representation about this since the timelines are set by State law because of the 120-day rule. Another citizen suggested the City could send out notice of applications that are substantially complete. There is concern, however, that once the application is finally completed that this would require a second notice. For this reason, this is something that needs to be dealt with at the legislative level. ■ Follow-Up - May 29, 2007 Fifth Tuesday meeting. City Manager Prosser reviewed follow-up from the May 29, 2007 Fifth Tuesday meeting. There was discussion about the Burnham and Ash Streets traffic roundabout. The direction from the City Council at this time is to not proceed with the installation of the roundabout. There were concerns noted about the need for better communication with downtown business owners on this and other projects. City Manager Prosser noted another item discussed at the Fifth Tuesday included concerns about street light outages. He has been in contact with PGE which has responsibility for street light maintenance. One street light noted by the citizens at the Fifth Tuesday had been out for quite some time because of "contractor error" on a construction project and it took longer than usual to get the light working again. City Council, City Center Development Agency, and Local Contract Review Board Meeting Minutes - June 12, 2007 page 2 Action or Follow-Up Required ■ Follow-up with state legislators regarding the 120-day rule and how this impacts time for citizen review. ■ Roundabout on Burnham Street will not proceed at this time. ■ Staff shall develop better communication and outreach with downtown business owners. ■ Staff will continue to monitor reports of street lights not working in the downtown area. 3. CONSENT AGENDA: 3.1 Approve Council Minutes for April 10 and April 17, 2007 3.2 Receive and File: 3.2. a Council Calendar 3.2. b Tentative Agenda 3.3 Adopt Revisions to City Wide Personnel Policies RESOLUTION NO. 07-31 - ADOPTING REVISIONS TO THE CITY WIDE PERSONNEL POLICIES 3.4 Adopt FY 07-08 Downtown Implementation Strategy 3.5 Approve Amendment No. 1 to Intergovernmental Agreement for TriMet Transit Police Services 3.6 Approve Amendment No. 1 to City Manager Employment Agreement to provide for Paid Time Off as allowed by City Management, Supervisory, and Confidential Employee Personnel Policies. 3.7 Local Contract Review Board - a. Award Contract for the Construction of Bull Mountain Road Right-Turn Lane Widening to D & D Concrete Discussion/Comments Mayor Dirksen reviewed the consent agenda. Action or Follow Up Required Motion by Councilor Wilson, seconded by Councilor Buehner, to approved the Consent Agenda. The motion was approved by a unanimous vote of Council present. Mayor Dirksen Yes Councilor Buehner Yes Councilor Wilson Yes Councilor Sherwood Yes Councilor Woodruff Yes City Council, City Center Development Agency, and Local Contract Review Board Meeting Minutes - June 12, 2007 page 3 4. AUTHORIZE THE TRANSFER OF $670,000 FROM THE PARKS CAPITAL FUND TO THE WATER CAPITAL IMPROVEMENT PROJECT FUND TO CONVERT THE CLUTE PROPERTY FROM A WATER ASSET TO A PARK ASSET a. Staff report was presented by Public Works Director Koellexmeier. A copy of the staff report is on file in the City Recorder's office. The use of this parcel for transfer to the City for use as a potential park site has been long discussed by the Park and Recreation Advisory Board as well as the City Council. Authorization of the transfer by the City Council will bring this to fruition. This is a unique step because the Clute parcel was originally purchased as a water asset; therefore, the City is not the owner of such a parcel. We are a member of a consortium, the Intergovernmental Water Board T"). The City is the managing partner of IWB. The IWB reviewed and concurred with the decision to declare this property surplus and provide it to the City of Tigard for a park. The issue of the IWB was valuation and a new appraisal was requested to determine the worth of the asset The asset is now worth $700,000 with an outstanding issue - the home on the property has asbestos that needs to be removed. Ultimately, the home itself will need to be removed. From quotes received it is estimated the home represents about a $30,000 liability, resulting in the final value of $670,000. Public Works Director Koellermeier advised that an alternate resolution had been prepared to allow that this transaction to occur over the next five years. Public Works Director Koellermeier reviewed the terms specified in the proposed alternate resolution. b. Council Discussion Councilor Woodruff noted, and Public Works Director Koellermeier confirmed, that one of the concerns was to make sure that the selling price would not go up; therefore, by purchasing this property now the price is locked in with the alternate resolution allowing the option of not spending all of the money at once. This will mean money will be available over the next few years, if needed, to purchase other properties. Mayor Dirksen said he thought this was a good option as the City moves forward in this fiscal year with finite funds in looking for properties to purchase. The City is in negotiations for several pieces of land. In response to a question from Councilor Wilson regarding whether the home would be demolished immediately, Public Works Director Koellermeier said the City will move fairly quickly in abating the nuisance. Once this part of the deal has been concluded, staff will deal with the abatement this summer. Mayor Dirksen said the house would be demolished forthwith because of the concerns regarding the presence of hazardous material. Public Works Director Koellermeier said a specialist will be brought in to remove the hazardous material. What is left of the shell will likely be used in a "learn to burn" exercise for Tualatin Valley Fire and Rescue. City Council, City Center Development Agency, and Local Contract Review Board Meeting Minutes - June 12, 2007 page 4 Councilor Sherwood noted, for the benefit of the public, that this property was purchased for the access to the reservoir on Bull Mountain. Now, the City has decided to keep the property (through this purchase) for park property. Mayor Dirksen said this property is located on the north slope of Bull Mountain and is immediately adjacent to other properties that the City owns with the intention to consolidate property for a major park in the area. This piece of property will add to the acreage and provide some immediate access from City streets into the park property. Councilor Wilson added that the property is relatively flax and easily accessible to the neighborhood. Councilor Woodruff asked for Public Works Director Koellermeier to identify how far west on Bull Mountain is this property when compared to other parks owned by the City has. Public Works Director Koellermeier said the property is immediately north of the parcels that the City just purchased and is adjacent to the other parcels that we own. The City has assembled almost 60 acres of property. Public Works Director Koellermeier confirmed Mayor Dirksen's statement that this park will eventually be about the size of Cook Park, located at the end of SW 154 Avenue. C. Council Consideration: Resolution No. 07-32 Motion by Councilor Sherwood, seconded by Councilor Woodruff, to adopt Resolution No. 07-32 as revised. RESOLUTION NO. 07-32 - A RESOLUTION AUTHORIZING THE TRANSFER OF $670,000 FROM PARKS CAPITAL FUND TO THE WATER CAPITAL IMPROVEMENT PROJECT FUND IN ORDER TO CONVERT THE CLUTE PROPERTY FROM A WATER ASSET TO A PARK ASSET The motion was approved by a unanimous vote of Council present. Mayor Dirksen Yes Councilor Buehner Yes Councilor Wilson Yes Councilor Sherwood Yes Councilor Woodruff Yes 5. LEGISLATIVE PUBLIC HEARING - ENTERTAINMENT ORIENTED USE CODE AMENDMENT (DCA2007-00001) TO ALLOW MAJOR EVENT ENTERTAINMENT IN RESIDENTIAL ZONES ON PUBLIC SCHOOL SITES REQUEST: A Development Code Amendment to amend the Residential Zoning Districts Chapter (18.510) and Conditional Use Chapter (18.330) of the Tigard Development Code. The proposed amendment would allow Major Event Entertainment (athletic, cultural or entertainment events) as a conditional use on public school sites within residential zones. LOCATION: Citywide. ZONE: All Residential Zones. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.330, 18.380, 18.390 and 18.510; Comprehensive Plan Policies 1, 2 and 6; The Metro Urban Growth Management Plan Titles 1, City Council, City Center Development Agency, and Local Contract Review Board Meeting Minutes - June 12, 2007 page 5 8 and 12; Metro Regional Framework Plan Policies 1.14 and 8.3; and Statewide Planning Goals 1, 2, and 10. a. Mayor Dirksen opened the public hearing. b. City Attorney Rarnis reviewed a statement explaining the rules of procedure for hearing participants. C. Declarations or challenges: Councilor Sherwood advised she personally knows the owners of Broadway Rose Theatre and has attended Theatre events. d. Staff Report was presented by Assistant Planner Caines. A copy is on file in the City Recorders office. The purpose of the amendment is to allow major event entertainment uses within residential zones on public school sites. There are currently nine public school sites within Tigard City limits. Associate Planner Caines said this amendment will allow anything under the major event use classification. Positive outcomes of allowing this amendment would mean that underutilized buildings on school sites could accommodate new uses. Activities would bring cultural experiences closer to the residential neighborhoods, which are their main patrons - possibly within walking distance. Some of the undesirable impacts could mean increased traffic within residential neighborhoods. This use would only be allowed as conditional use and any potential use would require a public hearing before the Tigard Hearings Officer. During that process, the Hearings Officer could place further restrictions on the use; i.e., limitation on hours of operation or the manner of operation. Further restrictions by this Code amendment include: only allowed in existing buildings that are at least 10,000 square feet. Additions might be permitted of up to 50 percent of the original building square footage. Another change being proposed for the Code is to make sure that the new use meets all of the off-street parking requirements. All of the proposed amendments are in addition to standards already in place, which requires minimum lot size and increased setbacks that are usually 25 feet from the side property line and 30 feet from the front and rear property line. On May 7, the Planning Commission held a public hearing to discuss the proposed Code amendment. There were two proponents of the amendment and/or Broadway Rose. One other speaker was neutral and asked questions regarding the agreements with schools for use of the facilities. The Planning Commission endorsed the proposed amendment, 8-0. The options before the City Council are to approve the amendment as endorsed by the Planning Commission; approve with changes; or to deny the proposed amendments. City Council, City Center Development Agency, and Local Contract Review Board Meeting Minutes - June 12, 2007 page 6 Councilor Wilson said he assumed this has the effect of legalizing a former use within a school that had taken place over a number years. He referred to informal events and his concern that these could be interpreted as Code violations. Would this mean this process would be required every time informal events occur? Associate Planner Caines said this was a good point in that there might be uses that do not occur on a regular basis. Councilor Wilson said he could see the logic to require a process for a regular use for events where tickets are sold and traffic would impact the neighborhood. He said he was concerned about the less formal one-time community uses. Councilor Woodruff said that he thinks most people assume that activities are occurring at schools all of the time, often into the evening. This is all right because it is a school-sanctioned function as opposed to an outside group that is using the facility. Councilor Woodruff questioned if the proposed Code amendment makes the differentiation between sponsored school events and other events. In response to a question from Associate Planner Caines, Councilor Wilson clarified that there are school activities and those activities where the line gets blurred. For example, many athletic activities might not be OSAA sponsored. All are extra-curricular. Sometimes there might be paid school staff coaches while other times there might be only volunteers. Councilor Wilson said there is a whole degree of activities that happen and to attempt to draw a line designating when a permit is required might have some undesirable implications. Associate Planner Caines advised that during the comment period an issue was brought forward regarding soccer clubs, which fall under a different use classification (community recreation) and this is different from the major event entertainment use. Councilor Wilson questioned whether it might be better to expand the definition of "school use." Community Development Director Coffee said the intent for the proposed amendments before the City Council was to take care of a major new activity at an existing school site that entails, typically, construction - major remodeling and creating a theater. This is the intent behind this proposal. This does not address the customary activities of a school or related to the school, that are recreational, or the occasional event such as a recital. City Attorney Ramis said that under the Code, the question would be whether the use is customarily an accessory use to a school use. e. Public Testimony: None. f. Staff Recommendation: Associate Planner Caines advised staff recommends approval of the amendment as proposed. g. Mayor Dirksen closed the public hearing. h. Council Consideration: Ordinance No. 07-12 Motion by Councilor Sherwood, seconded by Councilor Wilson, to adopt Ordinance No. 07-12. City Council, City Center Development Agency, and Local Contract Review Board Meeting Minutes - June 12, 2007 page 7 ORDINANCE NO. 07-12 - AN ORDINANCE AMENDING THE TIGARD COMMUNITY DEVELOPMENT CODE (DCA 2007-00001) CHAPTERS 18.330 CONDITIONAL USE, AND 18.510 RESIDENTIAL ZONING DISTRICTS, SPECIFICALLY TO ALLOW MAJOR EVENT ENTERTAINMENT AS A CONDITIONAL USE ON PUBLIC SCHOOL SITES WITHIN ALL RESIDENTIAL ZONES AND ADD ADDITIONAL DEVELOPMENT STANDARDS FOR THE USE AND DECLARING AN EMERGENCY. Council discussion on the motion: Councilor Woodruff commented that some people might ask how this action differs from an earlier proposal regarding historical uses. He said he does not think this proposal is the same; this is a different situation using schools rather than private property. While there are similarities, he said he wanted to point out that this is a different situation. There have been no community concerns about this proposal as had been brought forward when the other Code amendment was considered. He said he was in favor of this proposal. The motion was approved by a unanimous vote of Council present. Mayor Dirksen Yes Councilor Buchner Yes Councilor Wilson Yes Councilor Sherwood Yes Councilor Woodruff Yes Councilor Sherwood commented that it is good to see that the Broadway Rose finally has a home in our community. 6. QUASI JUDICIAL PUBLIC HEARING - GOODLETT ANNEXATION (ZCA 2007- 00002 PRO OSAL: The applicant requests approval of annexation of one parcel (1.64 acres) and right-of-way on SW Brill Mountain containing a total of 1.74 acres to the City of Tigard. Property owner Goodlett Marshall Building and Development (Mike Goodlett) requests annexation of one parcel, with plans to divide it into 10 lots. One adjacent property was invited to join the annexation but did not accept the invitation. The sole owner of the subject parcel has consented to the annexation. Note: All right-of--way on the portion of SW Bull Mountain Road adjacent to the subject property is already within City limits. While annexing the right-of-way is not necessary and the applicant has provided a legal description and map that over-describes the proposed annexation area, Washington County has indicated that an over-description is acceptable. LOCATION: 12300 SW Bull Mountain Road (South side of SW Bull Mountain Road, adjacent to east side of the Thornwood subdivision, east of SW 125th Avenue); WCTM 2S110BC, Tax Lot 1201. CURRENT ZONE: R-6 District (Residential 6 Units Per Acre .Thepurpose of the Washington County R-6 District is to implement the policies of the Compprehensive Plan for areas designated for residential development at no more than six (6) units per acre and no less than five (5) units per acre, except as speed by Section 300-2 or Section 303-6. The intent of the R-6 District is to provide the opportunity for more flexibility in development than is allowed in the R-5 District. The average lot area for single family detached dwellings within a proposed development shall be no less than 4,500 square feet and the minimum lot area shall be 4,000 square feet. The minimum lot area for single family attached units shall be 3,500 square feet. EQUIVALENT CITY ZONE: R-7: Medium-Density Residential District. The City of Tigard R-7 zoning district is designed to accommodate attached single-family homes, detached single-family homes with or without accessory residential units, at a minimum lot size of 5,000 square feet, and duplexes, at a minimum lot size of 10,000 square feet. Mobile home parks and City Council, City Center Development Agency, and Local Contract Review Board Meeting Minutes - June 12, 2007 page 8 subdivisions are also permitted outright. Some civic and institutional uses are also permitted conditionally. Note: In a subdivision, lot size may be averaged to allow lots less than the minimum lot size allowed in the underlying zoning district as long as the average lot area for all lots is not less than allowed by the underlying zoning district. No lot created under this provision shall be less than 80% of the minimum lot size allowed in the underlying zoning district. APPLICABLE REVIEW CRITERIA: ORS Chapter 222, Metro Code Chapter 3.09, Comprehensive Plan Policies 2 and 10, Community Development Code Chapters 18.320 and 18.390. a. Mayor Dirksen opened the public hearing. b. City Attorney Ramis advised of the rules of procedure. C. Declarations or Challenges - Do any members of Council wish to report any ex parte contact or information gained outside the hearing, including any site visits? Councilor Buehner advised she is very familiar with the site. - Have all members familiarized themselves with the application? Council members affirmed they had familiarized themselves with the application. Are there any challenges from the audience pertaining to the Council's jurisdiction to hear this matter or is there a challenge on the participation of any member of the Council? There were no challenges. d. Staff report was reviewed by Assistant Planner Eng. A copy is on file in the City Recorders office. The annexation has one petitioner, Goodlett Marshall Building and Development Company (owner Michael Goodlett). The annexation request is for one parcel of land and right of way to the City of Tigard. The subject parcel is 1.64 acres and right of way is .10 of an acre, totaling 1.74 acres. The right of way is already in the City from previous annexation and the application just happened to include it in the application; this is acceptable. Associate Planner Eng described the location of the territory. The parcel is zoned Washington County R-6 and upon annexation would convert to the City of Tigard's R-7. The proposed territory is contiguous to the City on three sides. ORS Chapter 222 provides for annexation of contiguous territory. Other review criteria are in Metro Code Chapter 3.09, City of Tigard Comprehensive Plan Policies 2 and 10, and Community Development Code Chapter 18.320 and 18.390. Staff notified all affected agencies and interested parties and received no comments or objections to the annexation. If the application is approved, the applicant plans to apply for a ten-lot subdivision for single-family homes. Staff reviewed the annexation proposal for compliance with the applicable review criteria and found that the proposal meets the criteria. City Council, City Center Development Agency, and Local Contract Review Board Meeting Minutes - June 12, 2007 page 9 The proposed territory is within the Urban Growth Boundary. It is contiguous to City limits and urban services are available to serve the territory. e. Public Testimony - Proponents: Applicant Steve Bloomquist, Harris McMonagle, 12555 SW Hall Boulevard, Tigard, Oregon, advised he was representing the applicant, Michael Goodlett. He said he had reviewed the staff report and they accepted the City and staff findings. They requested that the parcel be annexed into the City of Tigard. - Opponents Paul Whitney, 14550 SW 120th Place, Tigard, OR 97224, advised he has lived on Bull Mountain Road since 1980 and recalled how the surrounding property used to be. He said had been an elected official and served on the Tigard Water Board when the new water facility was proposed. He advocated that 1 percent be set aside for art for Tigard beautification; however, this did not go forward. He said he still advocates for beautification of Tigard and Bull Mountain Road. Mr. Whitney said he has testified before the City Council before on the Aspen Ridge development developed by OTAK. He was pleased that OTAK listened to some of the things he had to say and there is a nice fence and maintained plantings in front of the development that adds to the livability of the neighborhood. Mr. Whitney said he has also signed some petitions asking for similar items for another subdivision, which "fell on deaf ears" and now there are weeds in front of the development. He asked that, if this is annexed, the developer be required to manage the land that is technically owned by the City of Tigard; that is, to come up with a plan for vegetation and implement that plan to help keep Tigard a beautiful, livable place along Bull Mountain Road. He asked that the City Council look at the traffic situation on Bull Mountain Road. He noted earlier efforts to call attention to traffic concerns were not addressed. He said he consulted a traffic engineer who said he needed to figure out how much time it takes to afford a safe line of sight. Mr. Whitney said about five seconds are available to make the decision whether to turn onto Bull Mountain Road, which he said "is cutting it pretty close." The traffic engineer advised Mr. Whitney that he should ask for an adequate level of service that meets City Code. The level of service he understands is defined by how long it takes for a person to find an opening "that you jump into" plus those five seconds that you have to look. He measured it on several mornings and it's about an average of about 40 seconds; this is an "E" level of service and does not meet Code. He acknowledged he was not sure if he was measuring the City Council, City Center Development Agency, and Local Contract Review Board Meeting Minutes - June 12, 2007 page 10 timing correctly because he did not know the protocol that must be applied for such a measurement. Mr. Whitney said when he first moved to this location it was sort of a county "wagon road" where he did not worry too much about entering onto Bull Mountain Road; however, he is now starting to worry. He said he hopes the developer is required to do a good traffic study to determine level of service. The traffic situation on Bull Mountain Road is sort of a "death by a thousand cuts" - each little subdivision being added is cumulatively creating an impact. He said he hopes that this cumulative effect could be reviewed. Mr. Whitney said he would like to know if the limit has been exceeded in terms of level of service and safe line of sight. How close are we to the limit, he asked. In summary, Mr. Whitney said he hoped the developer would be required to keep Tigard beautiful: have a good planting plan and implement it; plus how close we are to meeting City Code on traffic. He said if the City's answer is, "We don't really care ...I'd like to know that, too." Mayor Dirksen commented to Mr. Whitney that "...we do care." Mayor Dirksen advised that most of Mr. Whitney's concerns need to be reviewed at the time the development application is processed. The City, as a whole, considers the impact of development on roads to determine how large the roads need to be when full development/build out takes place. The City has a Transportation System Plan that was developed to gauge: What do all of the streets and roads in Tigard need to look like when all the properties have been developed. Levels of service are determined and if a road drops below a certain grade level, this could be the grounds for denying a development until that is taken care of. Mayor Dirksen said it was his understanding that Bull Mountain Road still grades "fairly well," with averages taken for certain times of day. Councilor Buehner noted that Washington County has jurisdiction over Bull Mountain Road. This limits the City's ability to make improvements on the road other than through development at this point in time. However, she said she thinks there is probably going to be some discussion about the City taking jurisdiction of that road - at least the part that is in the City. Rebuttal/Final argument by applicant Mr. Steve Bloomquist advised that with regard to traffic, they would not be accessing Bull Mountain; they will be accessing off of Winter View Drive. He said he thought this would be safer for the development and Washington County will be requiring this. Therefore, he said he did not know how a traffic study could be required. These will be development and Code considerations to be addressed when the land use application is submitted to the City. They will address the traffic issue as well as they can; he said he didn't believe they would be required to do a traffic study because they would not be accessing Bull City Council, City Center Development Agency, and Local Contract Review Board Meeting Minutes - June 12, 2007 page 11 Mountain Road directly, but added that they will certainly look at that. With regard to vegetation along Bull Mountain Road, he said they will be dedicating right of way to the County. He said they will likely be putting up fences in the rear yards of the properties and didn't know about how it would be possible to require property owners to maintain the vegetation. He said there will be street trees and planter strips and sidewalks that will match the improvements along the Thornwood development. There will be 37-feet of right of way from the centerline to this site. He said he believes the road will be wider and look nicer; however, he did not believe they would be looking at managing vegetation along Bull Mountain Road. In response to a question from Councilor Sherwood, Mayor Dirksen confirmed that even though the property is annexing to the City of Tigard, the right of way will be dedicated to the County because Bull Mountain Road is still part of the County. Councilor Sherwood pointed out that right-of-way maintenance is a problem within the City of Tigard. She asked whether CC&R's for a neighborhood require that the area be maintained? Mayor Dirksen noted that City Code requires maintenance once the right of way is dedicated and the development is completed; the property owners adjacent to a right of way are liable for maintenance of the area. Tigard has Code Enforcement that is applied within the constraints of the City's staffing. The Mayor noted that it is very common at this time of year for people to be cited for noxious vegetation. The Council discussed areas that are well kept because of active homeowner associations. In small subdivisions it falls to the individual property owners to take care of the rear of the lots. Mayor Dirksen noted that if this property is developed inside the City, there is are regulations that require maintenance along the right of way. Mr. Bloomquist said it would be up to the individual homeowner to maintain the right of way. Councilor Wilson said there are things the developer could do to make it easier for the property owner to take care of maintenance; i.e., a gate on the fence or irrigation in the right of way, etc. f. Staff Recommendation: Assistant Planner Eng advised that staff recommends approval of ZCA 2007-00002 by adoption of the proposed ordinance. g. Council questions /discussion: Councilor Woodruff noted that the current zoning was R-6, which is compatible with R-7 in Tigard. Assistant Planner Eng clarified that the difference between these two designations is that R-7 requires a minimum lot size of 5,000 square feet while the R-6 in Washington County requires a minimum lot size of 4,000 square feet because of how the right-of-way area is calculated. Within the City of Tigard you are able to average lot sizes in a subdivision as long as all of the lots within a subdivision equal 5,000 square feet. In Washington County, lots may be 3,500 square feet. Overall, the lot sizes in Washington County are smaller than the lots sizes in the City of Tigard. City Council, City Center Development Agency, and Local Contract Review Board Meeting Minutes - June 12, 2007 page 12 Mayor Dirksen allowed testimony from Tim Pepper, 14550 SW 1201h Place, Tigard, Oregon 97224. He referred to Councilor Wilson's comment about things the developer could do to make it easier for property owners to maintain the right of way. He said this is the crux of the problem; the developer does not necessarily have motivation to make it easier. He noted this is the problem with his development - there are weeds along the right of way; however, he and his neighbors are working on establishing the landscaping. He said the City has the opportunity right now to provide this motivation to the developers. Councilor Wilson advised that this is not a development application; rather, it's an application for annexation. Councilor Wilson said his previous comment was simply to point out how the developer has great control over how the properties are built. Tigard has Codes and it only has the authority to enforce the Codes; therefore, the developer does have incentive to listen to neighbors' concerns and to attempt to address them before it gets to the public hearing. Most developers are willing to listen and make some modifications to address the concerns. Mr. Pepper said that only about half of the developers appear to have had the motivation to address the concerns; it appears the most motivation has to do with money. Maintenance of the right of way is not necessarily something a new homeowner thinks about. Mayor Dirksen said it is up to the property owner to keep it nice looking. Mr. Pepper offered that this is something the City could keep in mind since the road might eventually be under the City's jurisdiction. h. Mayor Dirksen closed the public hearing. i. Council Discussion and Consideration: Ordinance No. 07-13 Motion by Councilor Sherwood, seconded by Councilor Buehner, to adopt Ordinance No. 07-13. ORDINANCE 07-13 - AN ORDINANCE ANNEXING 1.74 ACRES, APPROVING THE GOODLETT ANNEXATION (ZCA2006-00002) AND WITHDRAWING PROPERTY FROM THE TIGARD WATER DISTRICT, WASHINGTON COUNTY ENHANCED SHERIFF'S PATROL DISTRICT AND WASHINGTON COUNTY URBAN ROADS MAINTENANCE DISTRICT. Councilor Woodruff said he believes this continues to be consistent with the City's annexation policies of encouraging people to join the City and that this is a voluntary process. The motion was approved by a unanimous vote of Council present. Mayor Dirksen Yes Councilor Buehner Yes Councilor Wilson Yes Councilor Sherwood Yes Councilor Woodruff Yes City Council, City Center Development Agency, and Local Contract Review Board Meeting Minutes - June 12, 2007 page 13 7. PUBLIC HEARING - CONSIDER A RESOLUTION CERTIFYING THE CITY PROVIDES SERVICES QUALIFYING FOR STATE SHARED REVENUES a. Mayor Dirksen opened the public hearing. b. Finance Director Seson reviewed the staff report. A copy is on file in the City Recorders office. C. Public Testimony: None. d. Staff recommendation was to approve the proposed resolution. e. Mayor Dirksen closed the public hearing. f. Council Consideration: Resolution No. 07- 33 Motion by Councilor Buehner, seconded by Councilor Woodruff, to adopt Resolution No. 07-33. RESOLUTION NO. 07-33 - A RESOLUTION CERTIFYING THAT THE CITY OF TIGARD PROVIDES SERVICES QUALIFYING FOR STATE SHARE REVENUES The motion was approved by a unanimous vote of Council present. Mayor Dirksen Yes Councilor Buehner Yes Councilor Wilson Yes Councilor Sherwood Yes Councilor Woodruff Yes 8. PUBLIC HEARING - CONSIDER A RESOLUTION DECLARING THE CITY'S ELECTION TO RECEIVE STATE SHARED REVENUES a. Mayor Dirksen opened the public hearing. b. Finance Director Sesnon reviewed the staff report A copy is on file in the City Recorders office. C. Public Testimony: None. d. Staff recommendation was to approve the proposed resolution. e. Mayor Dirksen closed the public hearing. City Council, City Center Development Agency, and Local Contract Review Board Meeting Minutes - June 12, 2007 page 14 f. Council Consideration: Resolution No. 07-34 Motion by Councilor Woodruff, seconded by Councilor Wilson, to adopt Resolution No. 07-34. RESOLUTION NO. 07-34 - A RESOLUTION DECLARING THE CITY'S ELECTION TO RECEIVE STATE REVENUES The motion was approved by a unanimous vote of Council present. Mayor Dirksen Yes Councilor Buehner Yes Councilor Wilson Yes Councilor Sherwood Yes Councilor Woodruff Yes 9. PUBLIC HEARING - ADOPT COMMUNITY INVESTMENT PLAN FOR 2007-2012 a. Mayor Dirksen opened the public hearing b. Community Development Director Coffee presented the staff report A copy is on file in the City Recorder's office. The 2007-12 Community Investment Plan (CIP) was an effort for the first time to draw all of the City's capital projects together in five-year plan. The main emphasis before the City Council is the first year of the plan, which is part of the budget process under consideration by the Council. Community Development Director Coffee noted that, as a first-year effort, they attempted to catalog everything. Next year the Plan will cover the five-year period 2008-13 with a year being added so the City Council will always have a five-year picture of the plans for capital investment The Budget Committee reviewed the Community Investment Plan on May 12 and recommended that the City Council adopt it There was discussion of limited funding available for street projects - the staff report has an amended street project list that is recommended for adoption tonight along with CIP. Mayor Dirksen complimented staff on the process and the resulting five-year CIP. This process has been the smoothest he has seen for a CIP to move through with a greater opportunity for input in a format that is easier to understand. Community Development Director Coffee said a lot of the credit for the CIP goes to the City's department heads, City Engineer Duenas, Public Works Director Koellermeier, Community Development Management Analyst Collins, and Finance Management Analyst Wareing. In response to a question from Councilor Woodruff, Community Development Director Coffee advised that the CIP is available for public review on the web site. Councilor Sherwood noted that she, in response to concerns expressed at a recent Fifth Tuesday meeting, accessed the City's web site and was able to locate information City Council, City Center Development Agency, and Local Contract Review Board Meeting Minutes - June 12, 2007 page 15 on the CIP and the downtown improvement plan fairly easily. Community Development Director Coffee advised the CIP would be also be available for viewing in the Library and City Hall. He encouraged people to call staff if they are having any difficulty navigating the City's web site. Councilor Woodruff asked if someone could do a search to find projects at specific locations. Community Development Director Coffee said he would work with IT staff. City Manager Prosser advised the website does have a search function for the entire site. However, if there is a way to make it easier to find information, the staff will do it. Councilor Buehner noted she has been able to find this information on the web site. C. Public Testimony: None. d. Staff Recommendation: Finance Director Sesnon recommended the City Council approve the CIP for the Fiscal Year 2007/8 as presented. e. Mayor Dirksen closed the public hearing. f. Council Consideration: Motion by Councilor Sherwood, seconded by Councilor Buehner, to adopt the Community Investment Plan for 2007-2012 with the Amended Street CIP for 2007-08 as recommended by the Budget Committee. The motion was approved by a unanimous vote of Council present. Mayor Dirksen Yes Councilor Buehner Yes Councilor Wilson Yes Councilor Sherwood Yes Councilor Woodruff Yes City Council, City Center Development Agency, and Local Contract Review Board Meeting Minutes - June 12, 2007 page 16 10. CONSIDER A RESOLUTION ADOPTING THE CITYWIDE MASTER FEES AND CHARGES SCHEDULE, WHICH REPLACES RESOLUTION NO. 06-36 AND ALL SUBSEQUENT AMENDMENTS TO DATE a. Finance Director Sesnon presented the staff report. A copy is on file in the City Recorders office. b. Council Consideration: Resolution No. 07-35 Motion Councilor Buchner, seconded by Councilor Wilson, to adopt Resolution No. 07-35. RESOLUTION NO. 07-35 - A RESOLUTION ADOPTING THE CITYWIDE MASTER FEES AND CHARGES SCHEDULE WHICH REPLACES RESOLUTION NO. 06-36 AND ALL SUBSEQUENT AMENDMENTS TO DATE The motion was approved by a unanimous vote of Council present. Mayor Dirksen Yes Councilor Buchner Yes Councilor Wilson Yes Councilor Sherwood Yes Councilor Woodruff Yes 11. PUBLIC HEARING - CONSIDER A RESOLUTION OF THE CITY OF TIGARD ADOPTING THE BUDGET, MAKING APPROPRIATIONS, DECLARING THE AD VALOREM TAX LEVY, AND CLASSIFYING THE LEVY AS PROVIDED BY ORS 310.060 (2) FOR FISCAL YEAR 2007-2008 a. Mayor Dirksen opened the public hearing. b. Finance Director Sesnon presented the staff report. A copy is on file in the City Recorder's office. In addition, a PowerPoint presentation was reviewed detailing the highlights of this year's budget process. A copy is on file in the City Recorders office. C. Public Testimony: None d. Staff Recommendation: Finance Director Sesnon recommended the City Council adopt the 2007-08 budget as presented. e. Council Discussion: Councilor Sherwood commented that she enjoyed the budget sessions this year and noted her appreciation for being able to wrap up the process in three sessions. City Council, City Center Development Agency, and Local Contract Review Board Meeting Minutes - June 12, 2007 page 17 Councilor Buehner asked if the percentage of the General Fund allocated to Police and Library fairly stable? Finance Director Sesnon advised the Library went up fairly substantially this year because the levy was approved. Inflation always has its effects. Finance Director Sesnon noted the base percentage of the General Fund for these two areas have remained relative the same. f. Mayor Dirksen closed the public hearing. g. Council Consideration: Resolution No. 07-36 Councilor Buehner commented on the budget process and as her first year as an official member of the Budget Committee, she was impressed with the good preparation and efficient presentations by all the departments. Motion by Councilor Wilson, seconded by Councilor Woodruff, to adopt Resolution No. 07-36. RESOLUTION NO. 07-36 - A RESOLUTION OF THE CITY OF TIGARD ADOPTING THE BUDGET, MAKING APPROPRIATIONS, DECLARING THE AD VALOREM TAX LEVY, AND CLASSIFYING THE LEVY AS PROVIDED BY ORS 310.060(2) FOR FISCAL YEAR 2007-08 The motion was approved by a unanimous vote of Council present. Mayor Dirksen Yes Councilor Buehner Yes Councilor Wilson Yes Councilor Sherwood Yes Councilor Woodruff Yes 12. CONSIDER AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF TIGARD AND THE CITY CENTER DEVELOPMENT AGENCY TO LOAN FUNDS FOR CAPITAL IMPROVEMENTS a. Finance Director Sesnon presented the staff report A copy is on file in the City Recorder's office. The proposed Intergovernmental Agreement (IGA) would allow the Tigard City Center Development Agency to borrow funds from the City of Tigard to construct catalyst projects in the Urban Renewal District. Tax increment revenues will be used to repay this debt as the Agency is able to do so. b. Council Discussion Councilor Woodruff commented that there is really no other choice but to enter into this IGA; Finance Director Sesnon concurred noting this is how the law is set up for such a transaction. C. Council Consideration City Council, City Center Development Agency, and Local Contract Review Board Meeting Minutes - June 12, 2007 page 18 Motion by Councilor Sherwood, seconded by Councilor Buehner, to approve the proposed Intergovernmental Agreement. The motion was approved by a unanimous vote of Council present. Mayor Dirksen Yes Councilor Buehner Yes Councilor Wilson Yes Councilor Sherwood Yes Councilor Woodruff Yes City Council, City Center Development Agency, and Local Contract Review Board Meeting Minutes - June 12, 2007 page 19 Note: Meeting agenda was rearranged. The next items to be reviewed by the City Council were Item Nos. 15 and 16 - Council Liaison Reports and Tigard City Council Non Agenda: ■ Get Centered - Port Moody, Canada Councilor Sherwood and Councilor Wilson reported on a recent trip they took to Vancouver, British Columbia, which was a "Get Centered" function sponsored by Metro. The purpose was to relate to how more densely developed areas within Town Centers could be managed and developed. Vancouver is about the size of the City of Portland and, while Councilor Sherwood and Councilor Wilson didn't relate to the development in the downtown area of Vancouver, there were neighborhoods that represented a good model. One of those areas was Port Moody - it had a village feel yet also had several high-rise condominium structures. Councilor Sherwood and Councilor Wilson described the area and the type of development occurring, which might translate well to the City of Tigard's urban renewal district. Councilor Sherwood and Councilor Wilson proposed that it would be worthwhile to invite members of the City Center Advisory Commission and the development community to tour this area with the City Council. After the discussion, the Mayor and City Council agreed to explore the idea of arranging a trip as proposed by Councilor Sherwood and Councilor Wilson to Port Moody. ■ Washington County Coordinating Committee (WCCC) Mayor Dirksen reported on recent meetings of the WCCC whereby county-wide transportation issues are under review. Another Major Streets Transportation Improvement Plan (MSTIP) funding proposal is under consideration for county arterials and collectors (selected for funding on a case-by- case basis). Mayor Dirksen reviewed the discussions that have taken place about how to identify and prioritize the roads and set the amount of funding that will be needed. The entire list of projects for the next 25 years is about $4 billion; with only $2 billion available. Another workshop is scheduled next month. The MSTIP 4 bond measure is now targeted for the November 2008 ballot. Councilor Harding was the alternate member to the WCCC; Mayor Dirksen requested that a replacement be selected to replace her. This will be discussed at a future agenda. ■ Presentations to the Rotary Club and the Park and Recreation Advisory Board (PRAB) Councilor Woodruff reported on a presentation he and Public Works Director Koellermeier made to the Tigard Rotary Club about water issues; i.e., long-term planning and conservation. This is part of the effort to educate residents about water. On June 11 Councilor Woodruff attended the PRAB meeting. The discussion included the Comprehensive Plan and the recreation pilot project that was not funded by the Budget Committee. PRAB members are adamant that they want to move ahead and make a recommendation to the City Council about putting an operating levy on the November 2008 ballot for a full-scale recreation program. City Council, City Center Development Agency, and Local Contract Review Board Meeting Minutes -June 12, 2007 page 20 ■ Real Property Acquisition City Manager Prosser reported that a couple of weeks ago, staff brought a purchase agreement to the City Council to purchase two lots in Ash Creek Estates. The developer is donating 4.5 acres of natural area to the City and there were two additional lots the City was considering purchasing. The negotiated purchase price for the two lots was the same as the appraised price: $385,000. City Council noted some concern about the price. In addition Mr. John Frewing also had expressed concern about the price, the steepness of the lots, and how much of the land would be used for park purposes. City Council directed staff to go back and talk to the property owner to negotiate a lesser price. Public Works Director Koellermeier talked to the owner who agreed to lower the price by $20,000 per lot for a total reduction of $40,000. The price for these two lots is now $345,000. Photos of the lots were reviewed by the City Council. There is approximately 7,800 square feet of level area available once some small retaining walls are installed. Staff has put together a rough concept plan showing how a tot lot park and half-court basketball playing area could be constructed along with benches and viewing areas. One of the most important aspects is that this will provide a trail head and easy access to the 4.5 acres of donated open space. Councilor Woodruff said he appreciated the work by staff for further negotiation with the owner and providing the City Council with more information to assist in making the decision. Mayor Dirksen said he walked the area under consideration for purchase. He acknowledged it was a "rough parcel" and recognized that it might be difficult for someone to envision how it could be utilized. However, the information provided by staff demonstrates how the area can used. Mayor Dirksen said the parcel being donated is beautiful and represents a good opportunity for the residents to access and appreciate this area. Street parking is available and the property will be accessible by pedestrians. Motion by Councilor Buehner, seconded by Councilor Sherwood, to direct staff to prepare and execute purchase and sale agreement documents for the designated property on 74th, Lots 28 and 29 of Ash Creek Estates for a purchase price of $345,000 and that staff should take all steps necessary to effect the sale. The motion was approved by a unanimous vote of Council present. Mayor Dirksen Yes Councilor Buehner Yes Councilor Wilson Yes Councilor Sherwood Yes Councilor Woodruff Yes Mayor Dirksen commented that Public Works Director Koellermeier did a great job in providing additional information and deeper background on this matter while saving the City $40,000. Recess City Council Meeting adjourned at 10.00 p.m. City Council, City Center Development Agency, and Local Contract Review Board Meeting Minutes - June 12, 2007 page 21 City Center Development Agency (CCDA) Meeting Convened at 10.01 p.m. • Chair Dirksen called the meeting to order. • Roll Call: Chair Dirksen, Directors Buchner, Sherwood, Wilson, and Woodruff 13. CONSIDER AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF TIGARD AND THE CITY CENTER DEVELOPMENT AGENCY (CCDA) TO LOAN FUNDS FOR CAPITAL IMPROVEMENTS a. Finance Director Sesnon presented the staff report. A copy is on file in the City Recorder's office. (City Recorder's note: This is related to Agenda Item No. 12 above.) b. CCDA Consideration: Motion by Director Buchner, seconded by Director Woodruff, to approve the proposed intergovernmental agreement between the City of Tigard and the City Center Development Agency to loan funds for capital improvements. The motion was approved by a unanimous vote of City Center Development Agency members present. Chair Dirksen Yes Director Buchner Yes Director Wilson Yes Director Sherwood Yes Director Woodruff Yes 14. ADOPT CITY CENTER DEVELOPMENT AGENCY (CCDA) BUDGET a. Chair Dirksen opened the public hearing. b. Finance Director Sesnon presented the staff report A copy is on file in the City Recorder's office. This is the first annual budget of the City Center Development Agency for a total of $1,185,000 (FY 2007-08). C. Public Testimony: None d. Chair Dirksen closed the public hearing. e. Finance Director Sesnon advised staff recommends that the City Center Development Agency approve the proposed resolution. f. City Center Development Agency comments: City Council, City Center Development Agency, and Local Contract Review Board Meeting Minutes - June 12, 2007 page 22 Director Buehner, for the benefit of the viewing audience, advised that a good discussion about this proposed budget took place during the Budget Committee meetings. Mayor Dirksen added that he was pleased about the amount of funds that were made available for the City Center Development Agency's budget for projects this first year. g. City Center Development Agency Consideration: CCDA Resolution No. 07-02 Motion by Director Wilson, seconded by Director Sherwood, to adopt CCDA Resolution No. 07-01. CITY CENTER DEVELOPMENT AGENCY RESOLUTION NO. 07-02 - A RESOLUTION ADOPTING THE FISCAL YEAR 2007-08 BUDGET, MAKING APPROPRIATIONS, AND IMPOSING AND CATEGORIZING TAXES The motion was approved by a unanimous vote of City Center Development Agency members present. Chair Dirksen Yes Director Buehner Yes Director Wilson Yes Director Sherwood Yes Director Woodruff Yes > ADJOURNMENT Motion by Director Sherwood, seconded by Director Woodruff, to adjourn the City Center Development Agency meeting at 10:05 p.m. The motion was approved by a unanimous vote of the City Center Development Agency members present. Chair Dirksen Yes Director Buehner Yes Director Wilson Yes Director Sherwood Yes Director Woodruff Yes Catherine Wheatley, City Recorder Attest: Mayor/ CDA Chair, City '~off Tigard Date: ~ 8' ( / I:ladmkethAt %200A070612 r tormatdoc City Council, City Centex Development Agency, and Local Contract Review Board Meeting Minutes - June 12, 2007 page 23 J CITY MANAGER Citizen Communication Follow Up for the August 14, 2007, Meeting At the last City Council business meeting held on July 24, 2007, the following individuals testified during Citizen Communications to the City Council. • John Frewing, 7110 SW Lola Lane, Tigard, Oregon reviewed photographs with the City Council of construction activity on Ash Creek Estates. Copies of the photographs are on file in the City Recorder's office. Mr. Frewing alleged that a number of the conditions of approval were being violated, including the following: ■ Tree protection fencing moved. ■ Excavation in close proximity to trees that are to be preserved. ■ Sediment barrier fence is broken ■ Tree protection zone sign was moved. ■ Heavy equipment working in close proximity to trees that are to be preserved. Mr. Frewing asked Council to direct staff to "forcefully" review the conditions of approval. Mayor Dirksen advised staff has been asked to review and will follow up. Councilor Buehner advised she drove by this area earlier today and noted the fence was rolled back and dirt had been moved. • Tigard Chamber of Commerce President Marjorie Meeks reviewed upcoming events for the Chamber including Chamber of Commerce week, which is the first week in October. In November there will be a "Celebration of Tigard and a membership event. i:tadmicathytcankitizen wmmunication follow upt070724.doe Citizen Communications -July 10, 2007 Page 1 ' Cathy Wheatley j~P1010095 JPG ~ ~ ~ ~ _ Page 1 ~ k • ~ ? ;l r ~.~.'r 4y r rr, n Cathy Wheatley; P1010098.JPG Page 1 I.t Y' M ~•r f t~s: k., ..Mli ~ ~ '"ter , ` 2' ~r . ~•Fa° ~,s•~ : ~ ii.- • 3 -r. A~..i''k, .!r i'~•4± + ^ K 3 ` , ti Y 4 F,. .o.,~ f I' } ~,r y ' f-Jr ~ i l.~ .r `4''^•' +L.4., `.y 4• -f=Y, t fi .7 K l !:~'-2•~4 -C K ` ~i~dY yT ~st. ~~``i.}i ,,'vim 4 .,;j=_- `Ka`4,.: ~ ~ ~ ~•~¢r'~ u'~Y *~'n,~'a. r.' 4"~y'^k x, r ~ ~m i 't`y _Ssii~~wu7r j ; ~ ' 1 an _ yFi' ~.r.,~ cK r .ir ~4! G a 'j--j i L°i* ~rS°'r^° B ~T,? i. 7~v~yii , ~1t:r °~I f~C ~is .i yu • iii... r' r~ 'C~ ~l `'4 N' ~'.~'%L'T L•'. ~ c l 'J ' g{ y - - ~ t ~ ~ i~,~w~, ~ ~ ~ , •',x,.{ r~ 1. ~r l4 ~ Amt,,. 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' ` u: 4 r i1~` w~ - : ti r~~ - ~ r h M . rr ^r..y-,~,y~1-:, '•lyr..`~"t~ j,t+~t.~~ ~ '~1r~ J..r~ .v....z_ ~ ~ i ~ ~ z - - --`-ry ~ 14-=t~ - ,t iw '1a. r. SLi i'.=.sL ~ i f r! 11 ? t' roll p w „ x MAI VAA 4 IN k f L= 1~ r r I) AGENDA ITEM NO.2 - CITIZEN COMMUNICATION DATE: August 14, 2007 (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 becomes 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 Prin CONTACTED Name: Also, please spell your name as it sounds, if it will help the presiding officer pronounce: Address City State Zip Phone No. Name: Also, please spell your name as it sounds, if it will help the presiding officer pronounce: Address City State Zip Phone No. Name: Also, please spell your name as it sounds, if it will help the presiding officer pronounce: Address City State Zip Phone No. CITIZEN COMMUNICATION q City Center Development Agency City of Tigard, Oregon Affidavit of Posting In the Matter of the Notification of Consideration of City Center Development Agency June 12, 2007, Agenda Items No. 3.5, 12 and 13 on the Attached Agenda STATE OF OREGON ) County of Washington) ss. City p Tigard ) I, g"I , being first duly sworn (or affirmed), by oath (or affirmation), depose and say: That I posted in ➢ Tigard City Hall, 13125 SW Hall Boulevard, Tigard, Oregon ➢ Tigard Public Library, 13500 SW Hall Boulevard, Tigard, Oregon ➢ Tigard Permit Center, 13125 SW Hall Boulevard, Tigard, Oregon A copy of said Notification of Consideration of City Center Development Agency June 12, 2007, Agenda Items No. 3.5, 12 and 13 on the Attached Agenda A copy of said Notice being hereto attached and by reference made a part hereof, on the day of A P -'20 Signature of Person who eNotification Subscribed and sworn (or affirmed) before me this day of Ju (K , 200-7. OFFICIAL SEAL JILL M BYARS NOTARY PUBLIC-OREGON COMMISSION NO. 381793 Signature of Notary Public or Oregon MY COMMISSION EXPIRES JUNE 14, 2008 TIGARD CITYCENTER DEVELOPMENT AGENCY MEETING JUNE 12, 2007 TIGARD CITY HALL TIGARD 13125 SW HALL BLVD. TIGARD OR 97223` Notice The City Center Development Agency (CCDA) will have before it on the June 12, 2007, City Council and City Center Development Agency Meeting Agenda the following items for consideration: See attached Agenda Item Numbers: 3.5,12and13 Please forward to: ❑ Barbara Sherman, Newsroom, The Times (Fax No. 503-546-0724) ❑ Newsroom, The Oregonian (Fax No. 503-968-6061) ❑ Editor, The Regal Courier (Fax No. 503-968-7397) The CCDA was reactivated by Resolution 05-32 on May 10, 2005, and will meet occasionally to address issues related to urban renewal. The CCDA, functioning as the city's urban renewal agency, will work on an urban renewal plan designed to facilitate the development and redevelopment of downtown Tigard and possibly other areas within the city. For further information, please contact Deputy City Recorder Carol Krager by calling 503-639-4171, ext. 2419. :~r~ Deputy City Recorder Date: Q Post: Tigard City Hall Tigard Permit Center Tigard Public Library F GARD CITY COUNCIL CONTRACT REVIEW BOARD Y CENTER DEVELOPMENT j AGENCY MEETING-' NE 12, 2007 6:30 p.m. TIGARD CITY HALL 3125 SW HALL BLVD. 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 (I'DD - Telecommunications Devices for the Deaf). 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 Council Agenda - June 12, 2007 page 1 AGENDA TIGARD CITY COUNCIL MEETING JUNE 12, 2007 6:30 PM • EXECUTIVE SESSION: The Tigard City Council will go into Executive Session to discuss real property transaction negotiations, under ORS 192.660(2) (e); exempt public records, under ORS 192.660(2) (f); and labor negotiations, under ORS 192.660(2) (d). 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. • STUDY SESSION 7:301'M 1. BUSINESS MEETING 1.1 Call to Order - City Council & Local Contract Review Board 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 2. CITIZEN COMMUNICATION (Two Minutes or Less, Please) • Follow-up on Previous Citizen Communication • Follow-up on Fifth Tuesday Meeting 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 April 10 and April 17, 2007 3.2 Receive and File: 3.2.a Council Calendar 3.2.b Tentative Agenda 3.3 Authorize the Transfer of $670,000 from the Parks Capital Fund to the Water Capital Improvement Project Fund to Convert the Clute Property from a Water Asset to a Park Asset - Resolution No. 07- 3.4 Adopt Revisions to City Wide Personnel Policies - Resolution No. 07- 3.5 Adopt FY 07-08 Downtown Implementation Strategy 3.6 Approve Amendment No. 1 to Intergovernmental Agreement for TriMet Transit Police Services Council Agenda - June 12, 2007 page 2 3.7 Approve Amendment No. 1 to City Manager Employment Agreement to provide for Paid Time Off as allowed by City Management, Supervisory, and Confidential Employee Personnel Policies. 3.8 Local Contract Review Board - a. Award Contract for the Construction of Bull Mountain Road Right-Turn Lane Widening to D & D Concrete Consent Agenda - Items Removed for Soarate 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. 4. LEGISLATIVE PUBLIC HEARING - ENTERTAINMENT ORIENTED USE CODE AMENDMENT (DCA2007-00001) TO ALLOW MAJOR EVENT ENTERTAINMENT IN RESIDENTIAL ZONES ON PUBLIC SCHOOL SITES REQUEST: A Development Code Amendment to amend the Residential Zoning Districts Chapter (18.510) and Conditional Use Chapter (18.330) of the Tigard Development Code. The proposed amendment would allow Major Event Entertainment (athletic, cultural or entertainment events) as a conditional use on public school sites within residential zones. LOCATION: Citywide. ZONE: All Residential Zones. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.330, 18.380, 18.390 and 18.510; Comprehensive Plan Policies 1, 2 and 6; The Metro Urban Growth Management Plan Titles 1, 8 and 12; Metro Regional Framework Plan Policies 1.14 and 8.3; and Statewide Planning Goals 1, 2, and 10. 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. 07- Council Agenda - June 12, 2007 page 3 5. QUASI JUDICIAL PUBLIC HEARING - GOODLETT ANNEXATION (ZCA 2007- 00002) PROPOSAL: The applicant requests approval of annexation of one parcel (1.64 acres) and right-of-way on SW Bull Mountain Road containing a total of 1.74 acres to the City of Tigard. Property owner Goodlett Marshall Building and Developpment (Mike Goodlett) requests annexation of one parcel, with plans to divide it into 10 lots. One adjacent property was invited to join the annexation, but did not accept the invitation. The sole owner of the subject parcel has consented to the annexation. Note: All right-of-way on the portion of SW Bull Mountain Road adjacent to the subject property is already within City limits. While annexing the right-of-way is not necessary and the applicant has provided a legal description and map that over-describes the roposed annexation area, Washington County has indicated that an over-description is accepptable. LOCATION: 12300 SW Bull Mountain Road (South side of SW Bull Mountain Road, adjacent to east side of the Thomwood subdivision, east of SW 125th Avenue); WCTM 2S110BC, Tax Lot 1201. CURRENT ZONE: R-6 District (Residential 6 Units Per Acre). The purpose of the Washington County R-6 District is to implement the policies of the Comprehensive Plan for areas designated for residential development at no more than six (6) units per acre and no less than five (5) units per acre, except as specified by Section 300-2 or Section 303-6. The intent of the R-6 District is to provide the opportunity for more flexibility in development than is allowed in the R-5 District. The average lot area for single family detached dwellings within a proposed development shall be no less than 4,500 square feet and the minimum lot area shall be 4,000 square feet. The minimum lot area for single family attached units shall be 3,500 square feet. EQUIVALENT CITY ZONE: R-7: Medium-Density Residential District. The City of Tigard R-7 zoning district is designed to accommodate attached single-family homes, detached single-family homes with or without accessory residential units, at a minimum lot size of 5,000 square feet, and duplexes, at a minimum lot size of 10,000 square feet. Mobile home parks and subdivisions are also permitted outright. Some civic and institutional uses are also permitted conditionally. Note: In a subdivision, lot size may be averaged to allow lots less than the minimum lot size allowed in the underlying zoning district as long as the average lot area for all lots is not less than allowed by the underlying zoning district. No lot created under this provision shall be less than 80% of the minimum lot size allowed in the underlying zoning district. APPLICABLE REVIEW CRITERIA: ORS Chapter 222, Metro Code Chapter 3.09, Comprehensive Plan Policies 2 and 10, Community Development Code Chapters 18.320 and 18.390. a. Open Public Hearing - Mayor b. Statement by City Attorney Regarding Procedure C. Declarations or Challenges - Do any members of Council wish to report any ex parte contact or information gained outside the hearing, including any site visits? Have all members familiarized themselves with the application? Are there any challenges from the audience pertaining to the Council's jurisdiction to hear this matter or is there a challenge on the participation of any member of the Council? d. Staff Report: Community Development Department e. Public Testimony - Proponents Applicant Other Proponents u - Opponents - Rebuttal/Final argument by applicant f. Staff Recommendation Council Agenda - June 12, 2007 page 4 g. Close Public Hearing h. Council Discussion and Consideration: Ordinance No. 07- 6. PUBLIC HEARING - CONSIDER A RESOLUTION CERTIFYING THE CITY PROVIDES SERVICES QUALIFYING FOR STATE SHARED REVENUES a. Open Public Hearing b. Summation by Financial and Information Services Staff C. Public Testimony d. Staff Recommendation e. Council Discussion f. Close Public Hearing g. Council Consideration: Resolution No. 07- 7. PUBLIC HEARING - CONSIDER A RESOLUTION DECLARING THE CITY'S ELECTION TO RECEIVE STATE SHARED REVENUES a. Open Public Hearing b. Summation by Financial and Information Services Staff C. Public Testimony d. Staff Recommendation e. Council Discussion f Close Public Hearing g. Council Consideration: Resolution No. 07- 8. PUBLIC HEARING - ADOPT COMMUNITY INVESTMENT PLAN FOR 2007-2012 a. Open Public Hearing b. Summation by Community Development Staff C. Public Testimony d. Staff Recommendation e. Council Discussion f. Close Public Hearing g. Council Consideration: A motion to adopt the Community Investment Program for 2007-2012 9. CONSIDER A RESOLUTION ADOPTING THE CITYWIDE MASTER FEES AND CHARGES SCHEDULE, WHICH REPLACES RESOLUTION NO. 06-36 AND ALL SUBSEQUENT AMENDMENTS TO DATE a. Staff Report: Financial and Information Services Department b. Council Discussion C. Council Consideration: Resolution No. 07- Council Agenda - June 12, 2007 page 5 10. PUBLIC HEARING - CONSIDER A RESOLUTION OF THE CITY OF TIGARD ADOPTING THE BUDGET, MAKING APPROPRIATIONS, DECLARING THE VALOREM TAX LEVY, AND CLASSIFYING THE LEVY AS PROVIDED BY ORS 310.060 (2) FOR FISCAL YEAR 2007-2008 a. Open Public Hearing b. Summation by Finance and Information Services Staff C. Public Testimony d. Staff Recommendation e. Council Discussion f. Close Public Hearing g. Council Consideration: Resolution No. 07- 11. CONSIDER AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF TIGARD AND THE CITY CENTER DEVELOPMENT AGENCY TO LOAN FUNDS FOR CAPITAL IMPROVEMENTS a. Staff Report: Financial and Information Services Department b. Council Discussion C. Council Consideration: Resolution No. 07- Recess City Council Meeting Convene City Center Development Agency (CCDA) Meeting • Call to Order: • Roll Call 12. CONSIDER AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF TIGARD AND THE CITY CENTER DEVELOPMENT AGENCY (CCDA) TO LOAN FUNDS FOR CAPITAL IMPROVEMENTS a. Staff Report: Financial and Information Services Department b. CCDA Discussion C. Consideration: CCDA Resolution No. 07- 13. ADOPT CITY CENTER DEVELOPMENT AGENCY (CCDA) BUDGET a. Staff Report: Community Development Department b. CCDA Discussion C. Consideration: CCDA Resolution No. 07- 14. COUNCIL LIAISON REPORTS 15. NON AGENDA ITEMS Council Agenda - June 12, 2007 page 6 16. 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. 17. ADJOURNMENT i 1ndmXcathylcca12007\070012p.doc Council Agenda - June 12, 2007 page 7 City of Tigard, Oregon Affidavit of Posting In the Matter of the Proposed Ordinance(s) OT J Q / 0 7) 3 STATE OF OREGON ) County of Washington ) ss. City of Tigard ) 1, 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) n ~ -I I ~ 07 -I which were adopted at the City Council meeting of L / ) - (0 , with a copy(s) of said Ordinance(s) being hereto attached and by reference made a part hereof, on the day of L. 14 C , 206:. 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 Signature of Person who Performed osting Subscribed and sworn (or affirmed) before me this day of . TO ✓1 .20 o7 Signs ure of Notary Pub >c for Oregon OFFICIAL SEAL JILL M BYARS NOTARY PUBLIC-OREGON COMMISSION NO. 381793 MY COMMISSION EXPIRES JUNE 14.2M f CITY OF TIGARD, OREGON TIGARD CITY COUNCIL ORDINANCE NO.07-~ AN ORDINANCE AMENDING THE TIGARD COMMUNITY DEVELOPMENT CODE (DCA2007-00001) CHAPTERS 18.330 - CONDITIONAL USE AND 18.510 - RESIDENTIAL ZONING DISTRICTS, SPECIFICALLY TO ALLOW MAJOR EVENT ENTERTAINMENT AS A CONDITIONAL USE ON PUBLIC SCHOOL SITES WITHIN ALL RESIDENTIAL ZONES AND ADD ADDITIONAL DEVELOPMENT STANDARDS FOR THE USE AND DECLARING AN EMERGENCY. WHEREAS, the Tigard City Council directed Staff to prepare a Development Code Amendment to allow Major Event Entertainment uses such as community theatre on school sites; and WHEREAS, these uses may have adverse impacts on residential areas and it is therefore necessary to require a Conditional Use permit and additional limitations on school sites; 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 hearing on May 7, 2007, and recommended approval of the proposed amendment with a 8-0 vote; and WHEREAS, notice of the public hearings was published in the Tigard Times Newspaper at least 10 business days prior to the public hearings; and WHEREAS, the Tigard City Council finds that the individual Major Event Entertainment uses can be further restricted through the Conditional Use process in order to protect livability of residential neighborhoods, while providing cultural opportunities for the citizens of Tigard that may not otherwise be available; 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 City Council has found the following to be the applicable review criteria: Community Development Code Chapters 18.330, 18.380, 18.390 and 18.510; Comprehensive Plan Policies 1, 2 and 6; The Metro Urban Growth Management Plan Titles 1, 8 and 12; Metro Regional Framework Plan Policies 1.14 and 8.3; and Statewide Planning Goals 1, 2 and 10; and WHEREAS, the Tigard City Council held a public hearing on June 12, 2007 to consider the proposed amendments; and ORDINANCE No. 07- o~ Page 1 n .r i 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: In order to encourage the timely development of cultural activities an emergency is declared and this ordinance shall take effect upon passage by the Council, signature by the Mayor, and posting by the City Recorder. PASSED: By L) n ayf(Ynous- vote of all Co cil members present after being read by number and title only, this I ; = day of 2007. (A) Catherine Wheatley, City Recorder APPROVED: By Tigard City Council this day of~ '2007. Craig ksen, Mayor Approved as to form: Attorney 1e) act - /~U~ Dat ORDINANCE No. 07- Page 2 ATTACHMENT 2 CITY OF TIGARD PLANNING COMMISSION Meeting Minutes O May 7, 2007 D 1. CALL TO ORDER 0 President Inman called the meeting to order at 7:03 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 Anderson, Caffall, Doherty, Hasman, Muldoon, Vermilyea, and Walsh Commissioners Absent: Commissioner Fishel Staff Present: Dick Bewersdorff, Planning Manager; Gary Pagenstecher, Associate Planner, Cheryl Caines, Assistant Planner; Kim McMillan, Development Review Engineer; Jerree Lewis, Planning Commission Secretary 3. PLANNING COMMISSION COMMUNICATIONS AND COMMITTEE REPORTS Commissioner Caffall reported on the Committee for Citizen Involvement. They met with a representative from the Oregonian to discuss how communities like Tigard get information into the Southwest section of the paper. They also discussed the Pacific Islander group. There is an outreach program to other advocate groups. The CC[ would like to incorporate them into the CCI or at least meet with them on a monthly or quarterly basis. Commissioner Caffall also reported that the Citizen Advisory Committee met to discuss the 99W Corridor. They will send their comments to City Council saying that they are not in favor of expanding 99W into 7 lanes. Commissioner Walsh advised that the Tree Board met to review the renewed charge statement that was accepted by Council. Ron Bunch reviewed the framework with the Board and started laying out the Municipal Code and how it would work with the Comprehensive Plan. Staff will return with an outline detailing the process. The Board will meet twice a month for awhile to move the project along. 4. APPROVE MEETING MINUTES It was moved and seconded to approve the April 16, 2007meeting minutes as submitted. The motion passed by a vote of 6-0. Commissioners Inman and Vermilyea abstained. PLANNING COMMISSION MEETING MINUTES - May 7, 2007 - Page I 5. PUBLIC HEARINGS 5.1 DEVELOPMENT CODE AMENDMENT (DCA) 2007-00001 ENTERTAINMENT-ORIENTED USE CODE AMENDMENT REQUEST: A Development Code Amendment to amend the Residential Zoning Districts Chapter (18.510) and Conditional Use Chapter (18.330) of the Tigard Development Code. The proposed amendment would allow Major Event Entertainment (athletic, cultural or entertainment events, such as Broadway Rose Community Theatre) as a conditional use on public school sites within residential zones. LOCATION: Citywide. ZONE: All Residential Zones. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.330, 18.380, 18.390 and 18.510; Comprehensive Plan Policies 1, 2 and 6; The Metro Urban Growth Management Plan Titles 1, 8 and 12; Metro Regional Framework Plan Policies 1.14 and 8.3; and Statewide Planning Goals 1, 2, and 10. STAFF REPORT Assistant Planner Cheryl Caines provided details of the proposed amendment. The amendment would modify the current code to allow major event entertainment uses in residential zones only on public school sites. Currently, there are 9 public school sites within the City of Tigard. This amendment was brought about by a request from the Broadway Rose Theatre. They would like to use the cafetorium at the C.F. Tigard Elementary School for small-size perfonnances. Caines advised that the amendment would not be limited to Broadway Rose. It would include any use that falls under the Major Event Entertainment classification in the code. Prior to going into any of the school sites, an applicant would have to apply for a Conditional Use Permit which requires a second public hearing that would be heard before the Hearings Officer. Through that process, further restrictions could be placed on the specific use (e.g., limiting the hours of operation). Currently, major entertainment uses are onlypermitted within certain commercial zones as a Conditional Use. Allowing major entertainment event uses on school sites could create new uses for under-utilized buildings. These uses may have undesirable impacts on surrounding areas. To alleviate some of these possible problems, Caines reviewed new restrictions that staff has proposed in the Conditional Use code section. She also referred to optional code language for the Planning Commission's consideration to permit these uses only at the Tigard High School and C.F. Tigard Elementary School sites. Considering the new restrictions, Caines advised that staff is recommending approval of the code amendment. PLANNING COMMISSION MEETING MINUTES - May 7, 2007 - Page 2 Caines clarified that applicants would have to obtain a standing Conditional Use Permit through the Hearings Officer. The amendment does not restrict school-related uses. If an event is not for the benefit of the school, the applicant would have to obtain a Conditional Use Permit. Issues such as parking and hours of operation would be addressed during this process. Caines advised that major event uses are held in auditoriums, stadiums, convention centers, or race tracks and they provide athletic, cultural, or entertainment events or exhibits for large groups. She noted that event schedules are not monitored by the City. Caines said that applicants have to use existing buildings for events. To allow for flexibility, they will be allowed the option of expanding the existing building by a maximum of 50%. PUBLIC TESTIMONY - IN FAVOR Sharon Marony, 14070 SW Hall Blvd., Tigard, OR 97224, artistic director of the Broadway Rose Theatre Company, testified that they are working with the School District to renovate the CF. Tigard multi-purpose room. They will be able to seat about 260 people in that particular facility. They will still perform at Deb Fennell Auditorium (a 600 seat facility) in the summer. The school will be able to use the facility Mondays-Thursdays from 7:00 a.m. to 4:00 p.m. Marony advised that the parking lot will be extended around the building and they will add 100 more parking spaces. Sondra Carroll, 11330 SW 97th Court, Tigard, OR 97223, said she is neither for nor against the proposal. With impacts to City facilities and streets, she wonders if any money will come back to the City. She would like to see a return to the City. President Inman said that the School District and the private enterprise will work out those details. It was noted that Broadway Rose will be putting a great deal of capital improvement into the school building and the parking lot. Greg Sorenson, 16260 SW Copper Creek Dr., Tigard, OR 97224, testified that he enjoys Broadway Rose in the summer and believes it adds to the neighborhood and the City. He noted that schools charge for using their facilities. He does not believe that the School District will be taken advantage of in this situation. He speaks very highly in favor of allowing this use. PUBLIC TESTIMONY - IN OPPOSITION None PUBLIC HEARING CLOSED PLANNING COMMISSION MEETING MINUTES - May 7, 2007 - Page 3 The Commissioners discussed possible scheduling conflicts for different events. Commissioner Vermilyea said he doesn't see how that would relate to the land use decision. Commissioner Doherty advised that every school district has a building use policy that governs all groups using a school facility. She noted that school activities get the fast nod for building use. President Inman asked the Commissioners how they felt about alternative code language to limit the school site or limit the use. Since applicants have to apply for a Conditional Use Permit and additional conditions could be placed at that time, Commissioner Walsh believes it is a sufficient element of control. Commissioner Doherty brought up the issue of parking. She noted that it doesn't matter what event is going on at the high school, there are always cars parked on the street all around the school. She understands the concerns about parking, but believes it's one of the things you have to live with when you live close to a high school. She would like to see more enforcement of parking in front of mail boxes and fire hydrants. Commissioner Muldoon asked if other Commissioners saw any need for restrictions in the language. It was recommended to leave the language as is. The Hearings Officer can look at the circumstances and make a decision based on the individual Conditional Use applications. Commissioner Walsh moved that the Planning Commission make a recommendation to amend Chapters 18.510 Residential Zoning Districts and 18.330 Conditional Use of the Tigard Development Code to allow Major Event Entertainment as a conditional use on public school sites within all residential zones, as proposed. Commissioner Vermilyea seconded the motion. The motion passed unanimously. 5.2 SUBDIVISION (SUB) 2006-00011/PLANNED DEVELOPMENT REVIEW (PDR) 2006-00002/SENSITIVE LANDS REVIEW (SLR) 2006-00011 FERN HOLLOW SUBDIVISION REQUEST: The applicant requests approval of a 7-lot Subdivision and Planned Development (PD) on 1.59 acres. The lots are proposed to be developed with detached single-family homes. Lot sizes within the development are proposed to be between 3,496 and 5,964 square feet. Sensitive Lands Review is required for slopes greater than 25%. LOCATION: The project is located south of SW Durham Road at the terminus of SW Copper Creek Drive; WCIM 2S114BA, Tax Lot 15300. ZONING/ COMPREHENSIVE PLAN DESIGNATIONS: R-4.5: Low-Density Residential District. The R-4.5 zoning district is designed to accommodate detached single-family homes with or without accessory residential units at a minimum lot size of 7,500 square feet. Duplexes and attached single- family units are permitted conditionally. Some civic and institutional uses are also permitted conditionally. R-7: Medium-Density Residential District. The R-7 zoning district is designed to accommodate attached single-family homes, detached single-family homes with or without accessory residential units, at a minimum lot size of 5,000 square feet, and PLANNING COMMISSION MEETING MINUTES - May 7, 2007 - Page 4 ATTACHMENT 3 Agenda Item: 5.1 Hearing Date: May 7, 2007 Time: 7:00 PM STAFF REPORT TO THE. PLANNING COMMISSION FOR THE CITY OF TIGARD, OREGON SECTION I. APPLICATION SUMMARY CASE NAME: CODE AMENDMENT TO ALLOW MAJOR EVENT ENTERTAINMENT USES IN RESIDENTIAL ZONES ON PUBLIC SCHOOL SITES CASE NO.: Development Code Amendment (DCA) DCA2007-00001 PROPOSAL: To amend Chapters 18.510 (Residential Zoning Districts) and 18.330 (Conditional Uses) of the Tigard Development Code to allow Major Event Entertainment as a conditional use on public school sites within all residential zones. APPLICANT: City of Tigard 13125 SW Hall Blvd. Tigard, OR 97223. ZONE: All Residential Zones. LOCATION: Citywide. APPLICABLE REVIEW CRITERIA: Tigard Community Development Code Chapters 18.330, 18.380, 18.390, and 18.510; Tigard Comprehensive Plan Policies 1, 2, and 6; The Metro Urban Growth Management Plan Titles 1, 8, and 12; Metro Regional Framework Plan Policies 1.14 and 8.3; and Statewide Planning Goals 1, 2, and 10. SECTION II. STAFF RECOMMENDATION Staff recommends that the Planning Commission find in favor to amend the Residential Zoning District regulations as proposed, with any alterations as determined through the public hearing process and make a final recommendation to the Tigard City Council. DCA2007-00001 PAGE 1 OF 9 5/7/07 PUBLIC HEARING STAFF REPORT TO PLANNING COMMISSION ~ i . SECTION III. BACKGROUND INFORMATION The proposal is to amend the residential zoning districts code to permit Major Event Entertainment uses on public school sites as a Conditional Use. The City Council directed staff to prepare a proposed amendment in response to a request by the Broadway Rose Theatre group to utilize the auditorium building at the C.F. Tigard Elementary School. The Broadway Rose use falls under the land use category Major Event Entertainment. Similar activities that have been previously held at Tigard High School would also be clarified as permitted under this amendment. Currently these types of uses are only permitted within the General Commercial (C-G), Central Business District (CBD), Mixed Use Commercial (MUC), Mixed Use Commercial - 1 (MUC-1) zones as a Conditional Use. There are nine public school sites currently within the Tigard city limits. All are within residential zones. The City's residential zoning districts code does not permit Major Event Entertainment uses. This amendment proposes that the use be allowed in all residential zones, but also gives the option to limit the use to only the Tigard High and C.F. Tigard Elementary sites. The Tigard Comprehensive Plan states that the City shall encourage the use of schools as an integral part of the community. Allowing some entertainment uses on school sites, including those for cultural events, provides opportunities for residents to experience a wide range of activities close to home. In addition, the school district can enter into agreements for these types of uses, to allow the use of existing facilities that may be currently underutilized. ISSUE SUMMARY • This amendment was initiated by City Council upon request by the Broadway Rose Theatre Company. • Theater activities can be cultural experiences and can allow more utilization of school facilities. • Theater activities in residential zones may have undesirable impacts upon the surrounding area. • Imposed conditions of approval for Conditional Uses may or may not reduce these adverse impacts. SECTION IV. SUMMARY OF APPLICABLE CRITERIA 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; Forty-five day advance notice was provided to the Oregon Department of Land Conservation and Development (DLCD) on March 23, 2007, 45 days prior to the first scheduled public hearing as required. In addition, the Tigard Development Code (TCD) and Comprehensive Plan have been acknowledged by DLCD. The following are the applicable Statewide Planning Goals that 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 DCA2007-00001 PAGE 2 OF 9 5/7/07 PUBLIC HEARING STAFF REPORT TO PLANNING COMMISSION Tigard Times Newspaper prior to the public hearing. In addition a notice was mailed to all property owners within 500 feet of all school sites to ensure notice of potential property impacts. 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. Statewide Planning Goal 10 - Housing This goal outlines provisions to insure state housing needs, are met. The Tigard Development Code allows schools within residential zones as a conditional use, which is consistent with the Comprehensive Plan. The Major Event Entertainment uses will only be allowed within existing buildings on school sites. These school sites are not.used for housing. • Any applicable Metro regulations; Metro Urban Growth Management Plan Title 1- Requirements for Housing and Employment Accommodation of this section of the Functional Plan facilitates efficient use of land within the Urban Growth Boundary (UGB). Each city and county has determined its capacity for providing housing and employment that serves as their baseline and if a city or county chooses to reduce capacity in one location, it must transfer that capacity to another location. Cities and counties must report changes in capacity annually to Metro. This amendment allows Major Event Entertainment uses only on public school sites. These sites are not used for residential homes. This text amendment does not reduce the City's housing capacity. Title 8 - Compliance Procedures This tide ensures that all cities and counties in the region are fairly and equitably held to the same standards and that the Metro 2040 Growth Concept is implemented.. It sets out compliance procedures and establishes a process for time extensions and exemptions to Metro Code requirements. This tide is not applicable. Title 12 - Protection of Residential Neighborhood The purpose of this title is to protect the region's existing residential neighborhoods from air and water pollution, noise and crime, and to provide adequate levels of public services. In particular the title addresses making public schools more accessible to neighborhood residents through walking/biking paths and transient facilities. Adding a major event entertainment use to public school sites will not hinder accessibility from neighboring residences. It could, however, create unanticipated impacts for traffic and congestion at hours that might not be typically associated with school uses. DCA2007-00001 PAGE 3 OF 9 5/7/07 PUBLIC HEARING STAFF REPORT TO PLANNING COMMISSION i Metro Regional Framework Plan Policy 1.14 School and Local Government Plan and Policy Coordination 1.14.1: Coordinate plans among local governments, including cities, counties, special districts and school districts for adequate school facilities for already developed and urbanizing areas. 1.14.2: Consider school facilities to be "public facilities" in the review of city and county comprehensive plans for compliance with the Regional Framework Plan. Policy 8.3 Schools 8.3.8: Encourage local jurisdictions to partner (including funding) with school districts to jointly use school sites for the public good (such as combined libraries, parks, connections with local services such as police, neighborhood centers, senior centers, etc.). These policies have been addressed by the implementation strategies of the Tigard Comprehensive Plan. - One of these implementation strategies is to encourage the use of schools as an integral part of the community by making joint agreements with the school districts to allow community uses of school facilities for recreation, open space and meeting rooms. By allowing some entertainment events it could be said that this strategy is being implemented. These uses can operate within existing school facilities that may be underutilized and provide cultural/entertainment opportunities to the Tigard community that may not be available without these joint agreements. Major Event Entertainment uses on school sites will not adversely affect coordination between local governments and the school districts to insure adequate school facilities are being provided. Roy Burling, Chief Financial Officer with the Tigard-Tualatin School District confirmed that the lease agreements for such uses would be short or mid-term in order to accommodate any change in school capacity needs. ♦ Applicable Comprehensive Plan Policies: Comprehensive Plan Policy 1.1.1: General Policies The city shall ensure that: A. This comprehensive plan and all future legislative changes are consistent with the statewide planning goals adopted by the land conservation and development commission, the regional plan adopted by the metropolitan service district; B. Any neighborhood planning organization plans and implementation measures adopted by the City of Tigard after the effective date of this comprehensive plan are designed to be consistent with this plan; and C. The Tigard Comprehensive Plan and Community Development Code are kept current with the needs of the community. In order to do this: 1. This plan shall be reviewed and updated at least every five years. 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. Comprehensive Plan Policy 2.1.1, 2.1.2 and 2.1:3: Citizen Involvement 2.1.1 : The city shall maintain an ongoing citizen involvement program and shall assure that citizens will be provided an opportunity to be involved in all phases of the planning process. DCA2007-00001 PAGE 4 OF 9 5/7/07 PUBLIC HEARING STAFF REPORT TO PLANNING COMMISSION 2.1.2: The opportunities for citizen involvement provided by the city shall be appropriate to the scale of the planning effort and shall involve a broad cross-section of the community: The citizen involvement teams shall be the primary means for carrying out the program; 2.1.3: The city shall ensure that information on land use planning issues . is available in an understandable form for all interested citizens. This policy is satisfied because notice of the proposed amendment was mailed to all property owners within 500 feet of all public schools within the city limits of Tigard. In addition, notice of the public hearing was published in the Tigard Times and notice will be published again prior to the City Council public hearing. Public input has been invited in the notice. Comprehensive Policy 6.6.1: Housing 6.6.1: The city shall require: A. Buffering between different types of land uses (for example between single family residential and multiple family residential, and residential and commercial uses, and residential and industrial uses) and the following factors shall be considered in determining the type 'and extent of the required buffer: 1. The purpose of the buffer, for example to decrease noise levels, absorb air pollution, filter dust or to provide a visual barrier; 2. The size of the buffer needed in terms of width and height to achieve the-purpose; 3. The direction(s) from which buffering is needed; 4. The required density of the buffering; and 5. Whether the viewer is stationary or mobile. Vol. Ii, policy 6-5 B. On-site screening of such things as service areas and facilities, storage areas and parking lots, and the following factors, shall be considered in determining the type and extent of the screening: 1. What needs to be screened; 2. The direction from which it is needed; 3. How dense the screen needs to be; and 4. Whether the viewer is stationary or mobile. 5. Whether the screening needs to be year round. Policy 6.6.1 requires buffering between different types of land uses. The Tigard Development Code does not require a buffer between schools and residential homes, but buffers are required between residential and commercial uses. Major Event Entertainment is listed under commercial uses in the TDC. These required buffers range from a 20-foot landscape buffer with a 6-foot evergreen hedge to a 10-foot landscape buffer with a 6-foot solid wall. In addition, Major Event Entertainment uses can only be located on sites of at least two acres and setbacks are increased to provide an additional buffer for surrounding properties. These setbacks are as follows: Front 30 feet Corner Street 25 feet Side 25 feet Rear 30 feet Setbacks are increased five feet for every 10 feet. of building height over 45 feet. DCA2007-00001 PAGE 5 OF 9 5/7/07 PUBLIC HEARING STAFF REPORT TO PLANNING COMMISSION ♦ Any applicable provision of the City's implementing ordinances. Code Section 18.330 Conditional Use: This section of the code provides standards and procedures under which a conditional use may be permitted, enlarged or altered. The amendment outlines additional standards for Major Event Entertainment uses on public school sites. Because schools are generally located within or near residential zoning districts, additional requirements have been introduced to restrict the size of buildings for these uses on school sites. The new code language proposes that the uses only be allowed within existing buildings of at least 10,000 square feet. Additions are limited to only 50% of the original square footage size. The Conditional Use process allows for public input regarding the compatibility of the proposed use and potential conditions of approval. Code Section 18.380 Zoning Map and Text Amendments: This section regulates amendments. It outlines the process for reviewing Development Code Text Amendments. The present amendment will be reviewed under the Type IV legislative procedure as set forth in the chapter. This procedure requires public hearings by both the Planning Commission and City Council. Code Section 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. Code Section 18.510 Residential Zoning Districts: This chapter establishes procedures and criteria for development within residential zoning districts. The purposes of these regulations are: 1. Preserve neighborhood livability. One of the major purposes of the regulations governing development in residential zoning districts is to protect the livability of existing and future residential neighborhoods, by encouraging primarily residential development with compatible non-residential development schools, churches, parks and recreation facilities, day care centers, neighborhood commercial uses and other services at appropriate locations and at an appropriate scale; and 2. Encourage construction of affordable housing. Another purpose of these regulations is to create the environment in which construction of a full range of owner-occupied and rental housing at affordable prices is encouraged. This can be accomplished by providing residential zoning districts of varying densities and developing flexible design and development standards to encourage innovation and reduce housing costs. The proposed amendment includes provisions to protect the residences surrounding the school sites by requiring that the buildings meet setbacks which are much. wider than those typically met in residential zones. The minimum setbacks for buildings with an entertainment use are either 25 or 30 feet. The use is also restricted to only existing buildings of at least 10,000 square feet. Expansions are limited to 50% of the original square footage. In addition, the TDC requires landscape buffering between the entertainment uses and residential uses. In contrast, Major Event Entertainment uses are presently only permitted as a conditional use within commercial zones that allow. a wide range of commercial uses. Many of these uses serve not only Tigard, but the communities beyond and typically have higher traffic volumes. It seems reasonable that because Major Event Entertainment uses may attract. a large number of visitors and there may be noise, or traffic associated with these uses. These uses are typically limited to the more dense commercial areas to accommodate these factors. Staff can see the benefits of allowing certain types of community-oriented or cultural activities within residential zones, but is also concerned that these uses may have an adverse impact on livability. DCA2007-00001 PAGE 6 OF 9 5/7/07 PUBLIC HEARING STAFF REPORT TO PLANNING COMMISSION • i OCA2007-00001 ENTERTAINMENT - ORIENTED USE CODE AMENDMENT April 2007 Explanation of Formatting These text amendments employ the following formatting: [Bold, Underline and Italic] - Text to be added Proposed code language is as follows: TABLE 18.510.1 USE TABLE USE CATEGORY R-1 R-2 R-3.5 R-4.5 R-7 R-12 R-25 R-40 Schools C13 C13 C13 C13 C13 C13 C13 C13 13Permitted as a conditional use on public school sites. CHAPTER 18.330 CONDITIONAL USE 13. Major Event Entertainment: a. The minimum lot size shall be two acres; b. Setbacks: (1) The front yard setback shall be a minimum of 30 feet; (2) On corner lots and through lots, the setback shall be a minimum of 25 feet on any side facing a street, plus meets visual clearance areas, Chapter 18.795; (3) The side yard setback shall be a minimum of 25 feet; (4) The rear yard setback shall be a minimum of 30 feet; and (5) Each setback shall be increased five feet for every 10 feet of building height over 45 feet. c. With regard to off-street parking: Exempt, if constructed with a school use for school activities 2WV. Otherwise, requirements shall comply with Section 18.765; d. On school sites the use must be entirely within existing buildings of 10.000 square feet or greater. Expansions based on the original square footage, uV to a maximum of50% may be allowed. Optional code language: e. These uses are gtdX permitted at the Tigard High School and the C.F. Tigard Elementary School sites. DCA2007-00001 PAGE 7 OF 9 5/7/07 PUBLIC HEARING STAFF REPORT TO PLANNING COMMISSION } i SECTION V. STAFF ANALYSIS Restrictions on usage within the residential zones are an important aspect of ensuring neighborhood quality is preserved. Although the primary use in such zones is residential, certain compatible non-residential uses are allowed. The City needs to balance these types of uses, and may do so through restrictions on placement, size, screening and buffering of the non-residential development. s Restrictions, such as limiting hours, time, place and/or manner of operation, increased setbacks, and limits on building location can be placed on specific entertainment uses through the Conditional Use process. In addition with this code amendment, the entertainment use would only be allowed within existing buildings of 10,000 square feet or more. Additions up to 50% of the building's original square footage may be permitted. Any specific entertainment use must be approved through a Type III Conditional Use process that includes a public hearing. Additions or other site changes would require either a minor or major modification to the approved conditional use depending on the specific changes proposed. The potential negative impacts of allowing these types of-events include noise from the events and traffic to and from the site. Noise impacts can be lessened by only permitting these uses within enclosed buildings. Traffic congestion within residential areas can be limited by only allowing specific access points to be utilized for events. Although limiting the access allows some control, the traffic to and from the site cannot be eliminated. The Community Development Code lists additional conditions of approval that can be imposed by the hearing body when specific uses are approved. The hearing body can take into consideration the details of the proposed use and the surrounding neighborhoods and appropriately restrict the development. Phone calls were received from neighbors of a few school sites. One caller was in favor of the code amendment. Two others had questions about the proposal. Does this proposal mean there will be lights installed on the athletic fields so games can be played later at night? Is the school benefiting somehow by allowing these types of uses? If not, then the caller is opposed to the code amendment. The proposed code amendment does not address specifics such as lights for athletic fields. It is only to allow Major Event Entertainment uses on public school sites as a Conditional Use. As for the benefits to the school district, the Development Code cannot regulate agreements between private parties. A fourth phone call was received from a neighbor of the Tigard High School who is apprehensive about the allowance of such entertainment uses within a residential neighborhood and fears that the livability will be adversely affected. He understands that school activities will happen during the week and on some weekends, but also enjoys the fact that there is typically no activity on weekends. This sort of issue is why staff has concern whether such an intense use should be allowed within residential zones. The Planning Commission and Council will determine whether the proposed amendment strikes the proper balance between residential and non-residential uses or if the proposed amendment should be further modified or even denied. DCA2007-00001 PAGE 8 OF 9 5/7/07 PUBLIC HEARING STAFF REPORT TO PLANNING COWNUSSION . ~ t SECTION VI. OTHER ALTERNATIVES No Action - The code would remain unchanged, and Major Event Entertainment would continue to be prohibited in residential zones. Expanded Action - Allow Major Event Entertainment on public school sites within residential zones with no additional restrictions. Only the existing additional standards found in TDC 18.330.050.B.13 would apply. Alternate Actions - Further restrict the maximum building size or allow enclosed buildings only. Allow only certain types of events like Community Theatre. SECTION VII. ADDITIONAL CITY STAFF & OUTSIDE AGENCY COMMENTS The City of Tigard Police Department, Building Division, Long Range Planning Division and the Current Planning Code Enforcement Officer were given copies of the proposed code amendment. Only Code Enforcement responded and the comments have been considered. The City of Tigard Engineering Department, Tualatin Valley Fire and Rescue, Clean Water Services (CWS), and the Oregon Department of Land Conservation and Development (DLCD) were notified of the proposed amendment. Stacey Humphrey with DLCD called to ask a few questions about the proposed language. Because the use is proposed within residential zones, she recommended placing limits on the hours of operation. Hours of operation can be imposed as a condition of approval through the Conditional Use Process (IDC 18.330.030.B). April 27, 2007 PREPARED BY: Cheryl Caines DATE Assistant Planner - April 27, 2007 APPROVED BY: Dick Bewersd DATE Planning Manager DCA2007-00001 PAGE 9 OF 9 5/7/07 PUBLIC HEARING STAFF REPORT TO PLANNING COMMISSION Public : School Locations i" City ofTigard _ . 1 , Oregon ~ r °RE ~ w 1 w School School Property ~f ' i - Major Street ID J Street City of Tigard f I q0, ~'f' 1•,. •..1..~..... , . .yilD,NQ1..a..,wte.m.a..m.e.wi. w \ ! , I ~ ,.1 I i,' .de.eJwWSw.b Y4W wN.elallMm9. Rn A4 r t. It I _ _ 77- w I i _ - Mena •~I 1 - r.,..~n..r.a..o~~w.rr.wrr.Hw.aw J I- , Y CITY OF TIGARD, OREGON TIGARD CITY COUNCIL ORDINANCE NO. 2007- J3 AN ORDINANCE ANNEXING 1.74 ACRES, APPROVING THE GOODLETT ANNEXATION (ZCA2006-00002) AND WITHDRAWING PROPERTY FROM THE TIGARD WATER DISTRICT, WASHINGTON COUNTY ENHANCED SHERIFF'S PATROL DISTRICT AND WASHINGTON COUNTY URBAN ROADS MAINTENANCE DISTRICT. WHEREAS, the City of Tigard is authorized by ORS 222.120(4)(b), ORS 222.125, and ORS 222.170(1) to annex contiguous territory upon receiving written consent from owners of land in the territory proposed to be annexed; and WHEREAS, the City of Tigard is authorized by ORS 222.120(5) and 222.520 to withdraw properties which currently he within the boundary of the Tigard Water District, Washington County Enhanced Sheriffs Patrol District and Washington County Urban Roads Maintenance District upon completion of the annexation; and WHEREAS, the Tigard City Council held a public hearing on June 12, 2007, to consider the annexation of one (1) parcel (Washington County Tax Map 2S110BC, Tax Lot 1201) of land located along SW Bull Mountain Road, including right-of-way on SW Bull Mountain Road, and withdrawal of said property from the Tigard Water District, Washington County Enhanced Sheriffs Patrol District and Washington County Urban Roads Maintenance District; and WHEREAS, pursuant to ORS 222.520(2) the City is liable to the Tigard Water District for certain debt obligations, however, in this instance the Tigard Water District has no debt for the City to assume, therefore, no option regarding the assumption of debt needs to be made; and WHEREAS, pursuant to Metro 3.09, ORS 222.120 and 222.524, notice was given and the City held a public hearing on the issue of the annexation into the City and withdrawal of the annexed property from the Tigard Water District, Washington County Enhanced Sheriffs Patrol District and Washington County Urban Roads Maintenance District on June 12, 2007; and WHEREAS, pursuant to ORS 222.524, the City must declare the withdrawal of annexed properties from the Tigard Water District, Washington County Enhanced Sheriffs Patrol District and Washington County Urban Roads Maintenance District; and WHEREAS, the Tigard Development Code states that upon annexation, the zone is automatically changed to the City zoning most closely conforming to the County zoning; and WHEREAS, the annexation has been processed in accordance with the requirements of Metro 3.09 and has been reviewed for compliance with the Tigard Community Development Code and the Comprehensive Plan and the annexation substantially addresses the standards in Metro 3.09 regulating annexations; and WHEREAS, the Tigard City Council has carefully considered the testimony at the public hearing and determined that withdrawal of the annexed property from the applicable service districts is in the best interest of the City of Tigard. NOW, THEREFORE, THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: The Tigard City Council hereby annexes the parcel described in the attached Exhibit "A" and shown in Exhibit "B" and withdraws said parcel from the Tigard Water District, Washington County Enhanced Sheriff s Patrol District and Washington County Urban Roads Maintenance District. SECTION 2: The Tigard City Council adopts the "Staff Report to the City Council" as findings in support of this decision; a copy of the staff report is attached hereto as Exhibit "D" and incorporated herein by this reference. SECTION 3: This ordinance shall be effective 30 days after its passage by the Council, signature by the Mayor and posting by the City Recorder. SECTION 4: City staff is directed to take all necessary measures to implement the annexation, including certified copies of the Ordinance with Metro for administrative processing, filing with state and county agencies as required by law, and providing notice to utilities. SECTION 5: Pursuant to ORS 222.120(5), the effective date of the withdrawal of the property from Washington County Enhanced Sheriffs Patrol District and Washington County Urban Roads Maintenance District shall be the effective date of this annexation. SECTION 6: Pursuant to ORS 222.465, the effective date of the withdrawal of this property from the Tigard Water District shall be July 1, 2008. SECTION 7: In accordance with ORS 222.180, the annexation shall be effective upon filing with the Secretary of State. PASSED: By "(1011 ► ry~OuS vote of all Council embers present after being read by number and title only, this l o~' day of , 2007. Cathy eatley, City Recorder APPROVED: By Tigard City Council this a day of )2007. Craig irksen, Mayor Approved as to form: ~a act Ci Attorney 4M Date • EXHIBIT A HARRIS - McMONAGLE ASSOCIATES INC. ENGINEERS - SURVEYORS 12555 SW HALL BLVD. TIGARD OREGON, 97223 TEL. (503) 639-3453 FAX. (503) 639-1232 LEGAL DESCRIPTION FOR ANNEXATION TO THE CITY OF TIGARD COMPRISED OF TAX LOT 1201 TAX MAP 2S-1-10 BC January 5, 2007 THE FOLLOWING DESCRIBED TRACT OF LAND BEING COMPRISED OF THAT LAND DESCRIBED IN DEED DOCUMENT NO. 96-108714 AND, BEING SITUATED IN THE NORTHWEST QUARTER OF SECTION 10, TOWNSHIP 27SOUTH, RANGE 1-WEST OF THE WILLAMETTE MERIDIAN, WASHINGTON COUNTY, OREGON. BEGINNING AT THE NORTHEAST CORNER OF LOT 9 OF THE DULY RECORDED PLAT OF THORNWOOD; THENCE ALONG THE NORTHERLY EXTENSION OF THE EAST LINE OF SAID LOT 9, N 00°18'25" E 33.07 FEET TO THE CENTERLINE OF SW BULL MOUNTAIN ROAD (C.R. A-147-1/2); THENCE ALONG CENTERLINE N 86°38'31"E 219.36 FEET TO AN INTERSECTION WITH THE NORTHERLY EXTENSION OF THE EAST LINE OF THAT LAND AS DESCRIBED IN DEED DOCUMENT NO. 94-112586; THENCE ALONG LAST SAID EXTENSION AND THE EAST LINE OF DEED DOCUMENT NO. 94-112586, S 00°29'28" W 370.71 FEET TO THE NORTHEAST CORNER OF LOT 25, THORNWOOD; THENCE ALONG THE NORTH LINE OF LOTS 25, 24, AND 23, THORNWOOD N 89°41'35" W 141.17 FEET; THENCE ALONG THE NORTHEASTERLY LINE OF LOTS 23 AND 22, THORNWOOD N 50°53'55" W 76.59 FEET; THENCE ALONG THE EAST LINE OF LOTS 21, 10, 9 AND THE EAST END OF SW WINTERVIEW DRIVE THORNWOOD, THE FOLLOWING THREE COURSES AND DISTANCES, N 02°30'56" W 55.00 FEET, N 09°22'04" W 84.19 FEET, N 00018'25" E 137.70 FEET. TO THE POINT OF BEGINNING. CONTAINING: 1.74 ACRES INCLUDING THE SOUTH 20 FEET OF SW BULL MOUNTAIN ROAD. THE BASIS OF BEARING FOR THIS LEGAL DESCRIPTION IS THE EAST LINE OF LOT 9 OF THE DULY RECORDED PLAT OF THORNWOOD. ANNEXATION CERTIFIED REGISTME - OFESSIONAL BY iC D SURVEYOR MAR 1 9 2007 OR WASHINGTON COUNTY A& T J" wlLu M MON~ L 8 CARTOGRAPHY. ANNEXATION EXHIBIT TAX MAP 2S 1 10 BC TAX LOT 1201 12300 SW BULL MOUNTAIN ROAD 1.64 ACRES TO SOUTH RIGHT OF WAY OF SW BULL MOUNTAIN -ROAD DATE. JANUARY 15, 2007 AGE R D A MEPST .00K 39 PA R D ~ I W 1 314' W. r-PX- "I BASIS OF ► BEARINGS_ _ _ _ - - gy/ [3UL1_ MOUNTAIN ROAD N 88'38'31'E 219.38' 1 33.07 Hu~ - - - - N00'18'25"E I AID CLer. (sN.9153) HEELLDD I N0.29 i P.OBwZ OLRfTY r, ~~RRPPfRH 9 ) 7 I 8 n 6 l N DEED DOCUMENT 7q~T = _b o NO.98-108714 I, 1~pG T O Z N 12300 SW BULL MOUNTAIN ROAD I TIGARD, OREGON 97224 rq o1 HaD + NANTERVEW DR. - - *AUW OIG wc' 1 . I 0 1.74 ACRES TO I ' o n O 10 ~o BULL MOUNTM ~ N o ~p N ti n 13 12 D SN25,839 9~,I n 1 C, I 1~E1D sy9' tRF. YP.c ~ I I ` 11 ~ O+G PIG' N 1,~0` I t" .4 qt lr HaD ~SitPN1~ r~ o ~ I I I "SO I NEED I i S~, 5/8' tRf YP.c 18 19 i ~6S S,p, i ;urNA ~ PIC' I 1 20 21 N 89'41'35' W IS) SD . YP.c 141.17' ; AlP1N Mc' I 22 23 24 25 1 N I W E LEGEND: ROA POINT OF BEGINNING S 0 100 200 SCALE: 1 "=100' 1 2S 1 10BC 2S 1 10BC :i •'~ti' k.. n~w'. `,uiiw", , + Q .:136. b p1 .A3K' •8' ~ieM ww. •:E i 1:• SW COR S YUS COURT a •~wK•.~' 4. 01 6 w4, SW , om :'$n:.:.,+9(ir'~ ~..SN.' 30, .n4o cl., ~,al~i•M'' .n.,.•..•.. 900 4 J r 114 ins+Ce• 6 700 G •R°..•.. ® r MA. 4 r 400 F, iC•.;.,,. 63 1 [ 53 r f N WASHINGTON COUNTY OREGON ai°a mm "•~w'•.'•:.• SW114 NW/ l4 SECTION 10 T2S R1 W W.M. 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WINTERVIEW DRIVE 1701 1 SW ELEMAR DRIVE t S •%c ~I &N¢ a°° w~ »mn a` SO a . : %700 • m `4'•11.,+0 , mm.•. . ~ r i ae 4900 1]00 100 4000; 3900 Q h;,Oro . • . q• '°•o. a': Re 1e u u u „ t ,c 23 V ~;e. ,;f'•.. t•.• .~Q, p se 0000 ° Av'i- r: r.: irr,ti:.'. 1 8600 to 14800 a wm I ,4J•']y. r". wi4tio '.blw_ p'' Y ee~ NO S 4000 is io $ 1000 g ;J.i.:~:; ' rz 3' im i' ' rC 1 1co_' : 9c=j; jAo a 1300 •.m. 14•'':~ r _ ewo 86 i 0,77 +2 E 7, cj610 ° ; 4nK 23-74 '•110•.1:: - :e' M '•4 ,an 22 r e20 670° 6400 gggg '.7i.i. „ i SW 1a T/y „ , -1 13 34 2e dC ''t CenC6116d Tubb For. 2511080 ,ot 0900 R 6a x SW VIEWCREST /laa •'••''74~'• 64 ,yr ,a, 0000.f500,100,1000.1001,1100,t200a/00,Y00,/OW,/100. ::a . , , N 0100 0305 a e,0of •a~o ~00D DRIVEt .a w% ANNEXATION CERTIFIED 53 33 g t 0100 bg 0d ~000R • ..u,.n me o.u 'i0° •i.,,s>,, i -'•r"w'2'j By 1:•.j:,, t'f 67 ' w 91 R~690f1B 6800$67009 6000 600 170011'.:''F lS~ SR ,tprP ` a 3° 8 79 t 7e y 17 a 7e + • I MAR 1 9 2007 Pm:~`:• 1 0001 3 t.r~K "q f? :•::.i,;::••:-:~:`:::~:,::;. 51 s eu R -a° aae w.w,• • ^ r*/° WASHINGTON COUNTY A a T 1m CARTOGRAPHY +0100 ,4400- 600 0600 700 a erD •''m, ' TRACT A' goo 9 36 8 ~3e $ 77 430 $ 4880 5900 1'00 8 •:•~,o".. ..•yya•4 .v :n„po 10008 so e' /O i r < r w ,•~a . ,.7e.•''• ' ~•iti:'' ,'27 61 3 3 Qr WD 9 P$ P T; ..ae,• .v' ~7e00 CARTOGRAPHY 3 4g a DRIVEt 1 :a,q SW o ASPEN $2.7-/ noo :11 ~ V cB x c2 4 I 0 n W s'ISOf'• : i11 . y ro.n ,r/e u41 eaw row wm i 'ice 7`0o e 7600 .Rm..', +•r> ,,;r PLOT DATE: January 03, 2005 400 •a ;.,u wcaw/A 6 4e t 451 7700 44 7i°a 7,`00 $ 7000 3000 1 773° ¢E 3300 :300 FO ONLY DONEOTRELYONES X 4 iir/6i • w C 41 32 - 34 36 ':8e • ; 8:''y"7 . :7! •wvo~. FOR OTHER USE "°•a``• .111.0• • w9.moa.,..new.a.,vrwm9o.ew,a.mn.e . Wat ♦7 , pldm n bmM/nm Mf4rNm4Y nmhtatae, Orr men ''s'ue ~':c' ~ .?rr a,n41 eaum"> w.au ~ YecaM mnua/n anwar4h mac t. ,W~8~r bM mm~tunmilbm vOq . 6 at • a 39 • X •i„ f g. .n :,s;• 00 TIGARD 2S 1 1 0BC 2S 1 10BC TO THE COUNCIL OF THE CITY OF TIGARD, OREGON: We,-the undersigned owner(s) of the property described below and/or-elector(s) residing at the referenced location(s), hereby petition for, and MS consent to, Annexation of said property to the City of Tigard. We understtand that the City will review this request in accordance with MS Chapter 222 and applicable regional and local policies prior to approving or denying the request for Annexation. LEGEND: PO - Property Owner RV - Registered Voter PAGE _ OF OV - Property Owner & Registered Voter i AM A PROPERTY DESCRIPTION -SIG T RE PRINTED NAME PO RV OV ADDRESS Township/ Map Tax lot Precinct DATE Section Number Number Number /U Z w 3oi ,A 0 25 t w \o t'Zvt 3g sN a R `C7 Zz 6oeatct-l- of o.~l ~a', t Dcv . a t3 y MAR t 9 2087 WASHINGTON ;';0UNT-YA&T m x i:\curpln\masters\revised\anxpetn.mst 15-Aug-02 EXHIBIT D Agenda Item: Hearin Date: June 12, 2007 Time: 7:30 PM STAFF REPORT TO THE. CITY COUNCIL FOR THE CITY OF TIGARD. OREGON ' 120 DAYS = N/A SECTION I. APPLICATION SUMMARY FILE NAME: GOODLETT ANNEXATION CASE NO: Zone Change Annexation (ZCA) ZCA2007-00002 APPLICANT/ APPLICANT'S OWNER: Goodlett Marshall Building and REP: Harris-McMonagle Associates Development Company Attn: Steve Bloomquist Attn: Mike Goodlett 12555 SW Hall Blvd. PO Box 91551 Tigard, OR 97223 Portland, OR 97291 PROPOSAL: The applicant requests approval of annexation of one parcel (1.64 acres) and right- of-way on SW Bull Mountain Road containing a total of 1.74 acres to the City of Tigard. Property owner Goodlett Marshall Building and Development (Mike Goodlett) requests annexation of one parcel, with plans to divide it into 10 lots. One adjacent property was invited to join the annexation, but did not accept the invitation. The sole owner of the subject parcel has consented to the annexation. Note: All right-of-way on the portion of SW Bull Mountain Road adjacent to the subject property is alread within City limits. While annexing the right-of-way is not necessary and the applicant has provided a legal description and map that overdescribes the proposed annexation area, Washington County has indicated that an overdescription is acceptable. LOCATION: 12300 SW Bull Mountain Road (South side of SW Bull Mountain Road, adjacent to east side of the Thornwood subdivision, east of SW 125th Avenue); WCTM 2S110BC, Tax Lot 1201. CURRENT ZONE: R-6 District (Residential 6 Units Per Acre). The purpose of the Washington County R-6 District is to implement the policies of the Comprehensive Plan for areas designated for residential development at no more than six (6) units per acre and no less than five (5) units per acre, except as specified by Section 300-2 or Section 303-6. The intent of the R-6 District is to provide the opportunity for more flexibility in development than is allowed in the R-5 District. The average lot area for single family detached dwellings within a proposed development shall be no less than 4,500 square feet and the minimum lot area shall be 4,000 square feet. The minimum lot area for single family attached units shall be 3,500 square feet. EQUIVALENT CITY ZONE: R-7: Medium-Density Residential District. The City of Tigard R-7 zoning district is designed to accommodate attached single-family homes, detached single-family homes with or without accessory residential units, at a minimum lot size of 5,000 square feet, and duplexes, at a mi nimuin lot size of 10,000 square feet. Mobile home parks and subdivisions are also permitted outright. Some civic and institutional uses GOODLETTANNEXATION ZCA2007-00002 PAGE 1 OF 10 are also permitted conditionally. Note: In a subdivision, lot size may be averaged to allow lots less than the minimum lot size allowed in the underlying zoning district as long as the average lot area for all lots is not less than allowed by the underlying zoning district. No lot created under this provision shall be less than 80% of the minimum lot size allowed in the underlying zoning district. APPLICABLE REVIEW CRITERIA: ORS Chapter 222, Metro Code Chapter 3.09, Comprehensive Plan Policies 2 and 10, Community Development Code Chapters 18.320 and 18.390. SECTION II. STAFF RECOMMENDATION Staff recommends that the Council find that the proposed` annexation (ZCA2007-00002):.meets all . the approval criteria as identified in ORS Chapter 222, Metro Code Chapter 3.09, Comprehensive Plan Policies 2 and 10, Community Development Code Chapters 18.320. and 18.390. Therefore, staff . recommends APPROVAL of ZCA2007-00002 by adoption of the attached ordinance. SECTION III. BACKGROUND INFORMATION The 1.64-acre subject property is located on the south side of SW Bull Mountain Road, adjacent to the east side of the Thornwood subdivision near 128th Avenue. The property is mostly flat, sloping up about 8% before it flattens and then sloping down about 9%. There are no Significant Habitat Areas on the subject property per the City's adopted map. The existing house was built in 1952. Goodlett Marshall Building and Development Company purchased the property in January 2007. Mike Goodlett, owner of the company, initiated the annexation request. There are no registered voters on the property. The City invited the owner of the one adjoining property to join the annexation, but did not receive a response. The applicant requests approval of annexation of one parcel (1.64 acres) and nght-of-way on SW Bull Mountain Road containing a total of 1.74 acres to the City of Tigard. Staff found all i ht-of-way on the portion of SW Bull Mountain Road adjacent to the subject property to be already within city limits. While annexing the right-of-way is not necessary and the applicant has provided a legal description and map that overdescribes the proposed annexation area, Washington County has indicated an overdescnption is acceptable. The owner plans to di-ride the parcel into 10 lots for single-family homes. If the annexation is approved, the owner wound be required to apply for land use approval of the proposed subdivision. The subdivision would be required to extend the existing street connection (SW Wintervnew Drive) in the neighboring Thomwood subdivision to the west. SECTION IV. APPLICABLE REVIEW CRITERIA, FINDINGS AND CONCLUSIONS State: ORS Chapter 222 Regional: Metro Code Chapter 3.09 City: Comprehensive Plan Policies 2 and 10, Community Development Code Chapters 18.320 and 18.390. A. CITY OF TIGARD COMMUNITY DEVELOPMENT CODE (TITLE 18) GOODLETT ANNEMATION ZCA2007-00002 PAGE 2 OF 10 Staff has determined that the proposal is consistent with the relevant portions of the Community Development Code based on the following findings: 1. Chapter 18.320.020: Approval Process and Standards. B. Approval Criteria. The decision to approve, approve with modification, or deny an application to annex property to the City shall be based on the following criteria: 1. All services and facilities are available to the area and have sufficient capacity to provide service for the proposed annexation area; The City of Tigard Comprehensive Plan's Urbanization Chapter (Policy 10.1.1) defines services as water, sewer, drainage, streets, police, and fire protection. Each service is addressed below. Policy 10.1.1 further defines capacity as "adequate capacity, or such services to be made available," to serve the parcel "if developed to the most intense use allowed," and "will not significantly reduce the level of services available to developed and undeveloped land in the City of Tigard." Water City of Tigard. Tigard Water District currently serves the subject property. Upon annexation, City of Tigard will be the provider. The applicant has submitted a letter dated November 29, 2006, from Rob Murchison, Engineer in the Public Works Department, indicating that the City of Tigard is able to provide the minimum State of Oregon service requirements for the subject property if it were developed to the maximum density (10 lots). Water is available in quantity and quality for domestic use as determined by the Oregon Health Division, Department of Human Resources. Currently the site is served by a 12-inch water line located in SW Bull Mountain Road and an 8-inch water line located in SW Winterview Drive. Sewer - Clean Water Services/City of Tigard. Upon annexation, the City of Tigard will be the provider of sewer service. According to pre-application notes prepared by Kim McMillan, City of Tigard Engineering Manager, the proposed territory would have access to an 8-inch sanitary sewer line in SW Winterview Drive and SW Thornwood Drive. If the subject property develops, the development must connect to public sanitary sewer. It will be the developer's responsibility to extend the public sewer to serve the development and adjacent unserved properties. Drainage - Clean Water Services/City of Tigard. Upon annexation, the City of Tigard will be the provider of storm drainage. The proposed territory has access to a City storm line in SW Winterview Drive and SW Thornwood Drive. If the subject property develops, it will be required to connect to the public drainage system. According to pre-application notes prepared. by Kim McMillan, City of Tigard Engineering Manager, on-site detention would also be required. Streets - City of Tigard Capital Construction & Transportation Division. The subject property is located on SW Bull Mountain Road in an area where there is an existing street pattern. hornwood subdivision to the west contains a Cary street connection to which the subject property may connect if it develops. The developer would be required to construct street improvements on SW Bull Mountain Road and any streets within the subdivision. Police - City of Tigard Police Department. The City of Tigard Police Department reviewed the proposal and has no objections to it. Fire - Tualatin Valley Fire and Rescue (TVF&R). The subject property is in Tualatin Vall ey Fire and Rescue's (TVF&R's) service area. TVF&R currently serves the subject property and will continue to serve it after it is annexed. Based upon this review, staff finds that all public services as defined b the Comprehensive Plan are available to the proposed annexation territo and all public services have sufficient capacity to provide service to the proposed annexation territory. 2. The applicable Comprehensive Plan policies and implementing ordinance provisions have been satisfied. GOODLETT ANNEXATION ZCA2007-00002 PAGE 3 OF 10 Three Comprehensive Plan policies apply to the proposed annexation: 2.1.1, 10.1.1., and 10.1.2. Staff has determined that the proposal has satisfied the applicable Comprehensive Plan policies based on the following findings: Policy 2.1.1: Citizen Involvement. The City shall maintain an ongoing citizen involvement program and shall assure that citizens will be provided an opportunity to be involved in all phases of the planning process. The City maintains an ongoing citizen involvement program. To assure citizens will be provided an nvolved in all phases of the planning process, the City provides notice for Type opportunity to be involved' IV land-use applications. The City posted, mailed and published notice of the public hearing as follows. The City posted the hearing notice at four public places on April 27, 2007: Tigard Library, Tigard City Hall, Tigard Permit Center, and in the vicinity of the proposed territory on SW Bull Mountain Road. The City published notice of the hearing in The Tigard Tualatin Sherwood Times for two successive weeks (May 31, 2007 and June 7, 2007) prior to the June 12, 2007, public hearing. The City also mailed notice to all interested parties and surrounding property owners within 500 feet on May 24, 2007). In addition, the City maintains a list of interested parties organized by geography. Notice was mailed to interested parties in the West area on May 23, 2007, including former members of Citizen Involvement Team West. Staff finds that this policy is met. Policy 10.1.1: Urbanization. Prior to the annexation of land to the City of Tigard, a) the City shall review each of the following services as to adequate capacity, or such services to be made available, to serve the parcel if developed to the most intense use allowed, and will not significantly reduce the level of services available to developed and undeveloped land within the City of Tigard: 1. Water; 2. Sewer; 3. Drainage; 4. Streets; 5. Police; and 6. Fire Protection. As addressed under 18.320.020 above, adequate service is available to the proposed annexation territory. Upon annexation the subject property will be zoned R-7 a Medium-Density Residential zone, with a minimum lot size of 5,000 square feet. The most intense use of the proposed territory is estimated to be 11 residential lots'. However, the applicant proposes 10 lots based on a preliminary design. If the subject property develops, it will be required to connect to public service facilities, such as sewer, storm drainage and water, and provide the necessary street improvements. Based on findings by the applicant and City staff, there is adequate capacity to serve the annexation area (water, sewer, dramage, streets, police, fire protection) if developed to the most intense use permitted, and it will not significantly reduce the level of services available to developed and undeveloped land within the City of Tigard. Staff concludes that there is adequate capacity to serve the proposed territo water sewer, drainage. streets. police, fire protection) if developed to the most intense use permitted, and will not significantly reduce the level of services available to developed and undeveloped land within the City of Tigard. b) If required by an adopted capital improvements program ordinance, the applicant shall sign and record with Washington County a nonremonstrance agreement regarding the following: 1. The formation of a local improvement district (L.I.D.) for any of the following services that could be provided through such a district. The extension or improvement of the following: a) Water, b) Sewer, c) Drainage, and d) Streets. 2. The formation of a special district for any of the above services or the inclusion of the property into a special service district for any of the above services. This criterion does not apply. No capital improvements program requires a nonremonstrance agreement for this area. Some urban services are already available for the proposed annexation territory; others are available nearby and would require connections from the proposed annexation area. However, these public facility requirements may be assigned as part of any development review when an application is submitted. Using formula for density calculation in Chapter 18.715 of the Development Code. GOODLETT ANNEXATION ZCA2007-00002 PAGE 4 OF 10 c) The City shall provide urban services to areas within the Tigard Urban Planning Area or within the Urban Growth Boundary upon annexation. The proposed territory is within the Tigard Urban Planning Area and within the City's Urban Growth Boundary. Upon annexation, urban services will be provided as outlined in the Washington County-Tigard Urban Planning Area Agreement, Tigard Urban Services Agreement and current City policies. Staff finds that this policy is met. Policy 10.1.2: Urbanization. Approval of proposed annexations of land by the City shall be based on findings with respect to the following: a) The annexation eliminates an existing "pocket" or "island" of unincorporated territory; or, b) The annexation will not create an irregular boundary that makes it difficult for the police in an emergency situation to determine whether the parcel is within or outside the City; c) The Police Department has commented upon the annexation; d) the land is located within the Tigard Area of Interest and is contiguous to the City boundary; e) The annexation can be accommodated by the services listed in 10.1.1(a). a) The proposed annexation territory is part of a pocket of unincorporated territory. Therefore, the proposed annexation would help reduce a pocket of unincorporated territory. b) The proposed annexation will not create an irregular boundary that will make it difficult for the police to locate a parcel in an emergency situation. By reducing a pocket of unincorporated territory, the City's boundary will become more regular. c) The City of Tigard Police Department has commented and has no objections to the proposed annexation. d) The UPAA (2006) includes the proposed annexation territory within Tigard's Area of Interest. The proposed annexation territory is contiguous to the City on three sides, where it abuts SW Bull Mountain Road to the north and Thornwood subdivision to the west and east. e) Lastly, as section 10.1.1.(a) demonstrated, the annexation can be accommodated by the following services: water, sewer, drainage; streets; police; and fire protection. Items a through e have been met. Therefore, staff finds that the proposed annexation meets Policy 10.1.2. Policy 10.1.3: Urbanization. Upon annexation of land into the City which carries a Washington County zoning designation, the City of Tigard shall assign the City of Tigard zoning district designation which most closely conforms to the county zoning designation. Section 18.320.020.C of the Community Development Code provides specifics on this conversion. See Table 18.320.1 on the following page. GOODLETT ANNEXATION ZCA2007-00002 PAGE 5 OF 10 TABLE 320.1 CONVERSION TABLE FOR COUNTY AND CITY PLAN AND ZONING DESIGNATIONS Washington Count- Land Use City of Tigard Zoning City of Tigard Districts/Plan Designation Plan Designation R-5 Res. 5 units/acre R-4.5 SFR 7;500 sq. ft. Low density 1-5 traits/acre R-6 Res. 6 unitslacre R-7 SFR 5.000 sq. ft. Med. density 6-12 units/acre R-9 Res. 9 units/acre R-12 Multi-family 12 unitsiacre Med. density 6-12 units acre R-12 Res. 12 units/acre R-12 Multi-family 12 units/acre Med. density 6-12 units acre R-15 Res. 15 units/acre R-25 Multi-family 25 tints/acre Medium-High density 13-25 unitsiacre R-24 Res. 24 units/acres R-25 Multi-family 25 imitsiacre Medium-High density 13-25 unitsiacre Office Commercial C-P Commercial Professional CP Commercial Professional NC Neighborhood Commercial CN Neighborhood Commercial CN Neighborhood Commercial CBD Commercial Business CBD Commercial Business CBD Commercial Business District District District GC General Commercial CG General Commercial CG General Commercial IND Industrial I-L Light Industrial Light Industrial■ The subject property is zoned R-6 by Washington County. Table 320.1 summarizes the conversion of the County's plan and zoning designations. R-6 County zoning converts to the City's R-7 zoning. As this is a Zone Change Annexation (ZCA) application, upon approval and execution of the proposed annexation, the proposed territory will automatically convert to R-7 zoning. In addition, the City's Comprehensive Plan designation for medium-density residential will be applied to this area. Chapter 18.320.020 C. Assignment of comprehensive plan and zoning designations. The comprehensive plan designation and the zoning designation placed on the property shall be the City's zoning district which most closely implements the City's or County's comprehensive plan map designation. The assignment of these designations shall occur automatically and concurrently with the annexation. In the case of land which carries County designations, the City shall convert the County's comprehensive plan map and zoning designations to the City designations which are the most similar. A zone change is required if the applicant requests a comprehensive plan map and/or zoning map designation other than the existing designations. (See Chapter 18.380). A request for a zone change can be processed concurrently with an annexation application or after the annexation has been approved. As the previous section demonstrated, the City of Tigard R-7 zoning district is the most similar to Washington County's R-6 zoning district. The subject property is currently R-6 and will automatically become R-7 upon annexation. This zone conversion will occur concurrently with the annexation process. There have been no requests for zoning other than R-7. City of Tigard Community Development Code 2. Chapter 18.390.060: Tvne IV Procedure Annexations are processed by means of a Type IV procedure, as governed by Chapter 18.390 of the Community Development Code (Title 18) using standards of approval contained in 18.390.020.B, which GOODLETT ANNEXATION ZCA2007-00002 PAGE 6 OF 10 were addressed in the previous section. Chapter 18.390 requires City Council to hold a hearing on an annexation. It also requires the City to provide notice at least 10 days prior to the hearing by mail and to publish newspaper notice; the City mailed notice on May 24, 2007, and published public notice in The Tigard Tualatin Shenvood Times for two successive weeks (May 31, 2007 & June 7, 2007) prior to the June 12, 2007, public hearing. Additionally, Chapter 18.390.060 sets forth five decision-making considerations for a Type IV decision: 1. The Statewide Planning Goals and Guidelines adopted under Oregon Revised Statutes Chapter 197; The City's Comprehensive Plan has been acknowledged by the Land Conservation and Development Commission to be in compliance with state planning goals. As reviewed above, the annexation proposal meets the existing Comprehensive Plan policies and therefore is in compliance with state planning goals. 2. Any federal or state statutes or regulations found applicable; ORS 222: State law (ORS 222.120(4)(b), ORS 222.125 and ORS 222.170(1)) allows for a city to annex contiguous territory when owners of land in the proposed annexation territory submit a petition to the legislative body of the city. ORS 222.120 requires the city to hold a public hearing before its legislative body (City Council) and provide public notice to be published once each week for two successive weeks prior to the day of the hearing, in a newspaper of general circulation in the city, and shall cause notices of the hearing to be posted in four public places in the city for a like period. The sole owner of land within the proposed territory has signed a petition for annexation to the City. The proposed annexation territory is contiguous to the City's boundary on three sides. The City published public notice in The Tigard Tualatin Sherwood Times for two successive weeks (May 31, 2007 & June 7, 2007) prior to the June 12, 2007, public hearing and posted the hearing notice at four public places on April 27, 2007: Tigard Library, Tigard City Hall, Tigard Permit Center, and in the vicinity of the proposed territory on SW Bull Mountain Road. Staff finds that the provisions of ORS 222 have been met. 3. Any applicable METRO regulations; Chapter 3.09 of the Metro Code (Local Government Boundary. Changes) includes standards to be addressed in annexation decisions, in addition to local and state review standards. Note that the report is available 15 days before the hearing (May 25, 2007 for a June 12, 2007, hearing). Staff has determined that the applicable METRO regulations (Metro Code 3.09.040(bb) & d)) have been met based on the following findiiiks: Metro 3.09.040 (b) (b) Not later than 15 days prior to the date set for a change decision, the approving entity shall make available to the public a report that addresses the criteria in subsections (d) and (g) below, and that includes at a minimum the following: (1) The extent to which urban services presently are available, to serve the affected territory including any extra territorial extensions of service; As addressed previously in this report, urban services are available to the affected territory. (2) A description of how the proposed boundary change complies with any urban service provider agreements adopted pursuant to ORS 195.065 between the affected entity and all necessary parties; As addressed previously in this report, the annexation proposal complies with all applicable provisions of urban service provider agreements, UPAA (2006); and TUSA (2006). (3) A description of how the proposed boundary change is consistent with the comprehensive land use plans, public facility plans, regional framework and functional plans, regional urban growth GOODLETT ANNEXATION ZCA2007-00002 PAGE 7 OF 10 goals and objectives, urban planning agreements and similar agreements of the affected entity and of all necessary parries; As addressed previously in this report, the annexation proposal complies with all applicable licable policies of the City of Tigard Comprehensive Plan and urban service provider agreements (UPAA (2006) and TUSA (2006). The proposed annexation territory is within the Urban Growth Boundary and subject to the Regional Framework Plan and Urban Growth Management Functional Plan provisions. There are no specific applicable standards or criteria for boundary changes in the Regional Framework Plan or the Urban Growth Management Functional Plan. However, the o City's Comprehensive Plan and Development Code have been amended to comply with Metr functional plan requirements. By complyin with the Development Code and Comprehensive Plan, the annexation is consistent with the Functional Plan and the Regional Framework Plan. (4) Whether the proposed boundary change will result in the withdrawal of the affected territory from the legal boundary of any necessary party; and The proposed territ ry will remain within Washington County but will be required to be withdrawn from the Washington County Enhanced Sheriffs Patrol District, Washington County Urban Roads Maintenance District and the Tigard Water District upon completion of the annexation. (5) The proposed effective date of the decision. The public hearing will take place June 12, 2007. If the Council adopts findings to approve ZCA2007-00002, the effective date of the annexation will be 30 days later on July 12, 2007. Metro Code 3.09.040 (dl (d) An approving entity's final decision on a boundary change shall include findings and conclusions addressing the following criteria: 1. Consistency with directly applicable provisions in an urban service provider agreement or annexation plan adopted pursuant to ORS 195.065; As addressed previously in this application, the pro posed nnexation complies with all ap licable provisions of urban service provider agreements (2006) and the TUSA (2006) The proposed annexation is in the Area of Interest and Urban Service Area, which are subject to the UPAA and TUSA. The agreements state that the County and City will be supportive of annexations to the City. Therefore, the proposed annexation is consistent with these agreements. 2. Consistency with directly applicable provisions of urban planning or other agreements, other than agreements adopted pursuant to ORS 195.065, between the affected entity and a necessary party; The UPAA (2006) includes the proposed annexation territory. The City has followed all processing and notice requirements in the UPAA, providin Washington County with 45-day notice rior to the public hearing. The agreement states that `so that all properties within the Tigard- Urban Service Area will be served by the City, the County and City will be supportive of annexations to the City." The annexation proposal is consistent with this agreement. As previously stated in this report, this proposal meets all applicable City of Tigard Comprehensive Plan provisions. This criterion is satisfied. 4. Consistency with specific directly applicable standards or criteria for boundary changes contained in the Regional Framework Plan or any functional plan; This criterion was addressed under Metro Code 3.09.040(b). By complying with the City of Tigard Community Development Code and Comprehensive Plan, the annexation is consistent with the Functional Plan and the Regional Framework Plan. 5. Whether the proposed change will promote or not interfere with the timely, orderly and GOODLETT ANNEXATION ZCA2007-00002 PAGE 8 OF 10 ' • economic provisions of public facilities and services; The proposed annexation will not interfere with the provision of public facilities or services because it is consistent with the terms of the TUSA (2006), which ensures the timely, orderly, and efficient extension of publi c facilities and urban services; it is contiguous to existing city limits and services; and lastly, urban services are available to the proposed annexation territory and have not been found to significantly reduce existing service levels. 6. The territory lies within the Urban Growth Boundary; and The proposed territory is within Metro's Urban Growth Boundary. 7. Consistency with other applicable criteria for the boundary change in question under state and local law. In previous sections, this report reviewed the proposal's consistency with other applicable criteria and found it to be consistent. (Tigard CDC 19.390.060) 4. Any applicable comprehensive plan policies; and As demonstrated in previous sections of this report, the proposed annexation is consistent with, and meets, all applicable comprehensive plan policies. 5. Any applicable provisions of the City's implementing ordinances. There are no specific implementin ordinances that apply to this proposed annexation. The Development Code (Chapter 18 of the City Code will apply to the proposed territory if or when it develops. SECTION VII. OTHER STAFF COMMENTS The City of Tigard Public Works Department reviewed the proposal and has not provided any comments to staff. With regard to water service and availability, the applicant has provided a letter from Public Works dated November 29, 2006. The letter has been discussed previously in this staff report and has been included in the land use file ZCA2007-00002. The City of Tigard Police Department has reviewed the proposal and did not have any comments or objections. The City of Tigard Engineering Department was provided the opportunity to comment, but did not comment. SECTION VIII. AGENCY COMMENTS Tualatin Valley Fire and Rescue, which currently serves the proposed territory, has been given the opportunity to comment, but did not comment. The City received comments from Tualatin Valley Water District (TVWD), which has indicated that the subject property is not within the TVWD service area. SECTION IX. PUBLIC COMMENTS The City mailed notice surrounding pro erty owners within 500 feet and all interested parties on May 31, 2007. As of the date of this report, staff has not received any written comments. GOODLETTANNEXATION ZCA2007-00002 PAGE 9 OF 10 5/25/2007 P ARED B ng DATE Assistant Planner 5/25/2007 REVIEWED BY: Richard Bewersdorf DATE Planning Manager GOODLETT ANNEXATION ZCA2007-00002 PAGE 10 OF 10 s City Center Development Agency City of Tigard, Oregon Affidavit of Notification In the Matter of the Notification of Consideration of City Center Development Agency June 12, 2007, Agenda Items No. 3.5, 12 and 13 on the Attached Agenda STATE OF OREGON ) County of Washington) ss. City of Tigard ) I, ai- being first duly sworn (or affirmed), by oath (or affirmation), depose and say: That I notified the following people/organizations by fax : Barbara Sherman, Newsroom, Tigard Times (Fax No. 503-546-0724) Newsroom, The Oregonian (Fax No. 503-968-6061) and the following people/organizations by e-mail: Editor, The Regal Courier (Fax No. 503-968-7397) y A copy of s 'd Notice being hereto attached and by reference made a part hereof, on the day of 120 Signature erson who Performed No cation Subscribed and sworn (or affirmed) before me this d'h day of TtA n C, , 20 O-7 OFFICIAL SEAL JILL M BYARS NOTARY PUBLIC-OREGON Signature of Notary Public for Oregon COMMISSION NO.381793 MY COMMISSION EXPIRES JUNE 14, 2008 TIGARD'CITY CENTER DEVELOPNfENI' AGENCY MELTING JUNE 12_ TIGARD CITY I-UU -1, 13125 SW F IALL BLVD. TIGARD OR 97223 Notice The City Center Development Agency (CCDA) will have before it on the June 12, 2007, City Council and City Center Development Agency Meeting Agenda the following items for consideration: See attached Agenda Item Numbers: 3.5,12and13 Please forward to: ❑ Barbara Sherman, Newsroom, The Times (Fax No. 503-546-0724) ❑ Newsroom, The Oregonian (Fax No. 503-968-6061) ❑ Editor, The Regal Courier (Fax No. 503-968-7397) The CCDA was reactivated by Resolution 05-32 on May 10, 2005, and will meet occasionally to address issues related to urban renewal. The CCDA, functioning as the city's urban renewal agency, will work on an urban renewal plan designed to facilitate the development and redevelopment of downtown Tigard and possibly other areas within the city. For further information, please contact Deputy City Recorder Carol Krager by calling 503-639-4171, ext. 2419. Deputy City Recorder Date: Zo Post: Tigard City Hall Tigard Permit Center Tigard Public Library ft ' /4 TIGARD CITY COUNCIL,' r' IM7 LOCAL CONTRACT REVIEW BOARD - AND CITY CENTER DEVELOPMENT -f AGENCY MEETING r s JUNE 12, 2007 6:30 p.m. TIGARD CITY HALL 13125 SW HALL BLVD. 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 anv 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 (I'DD - Telecommunications Devices for the Deaf). 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 Council Agenda - June 12, 2007 page 1 AGENDA TIGARD CITY COUNCIL MEETING JUNE 12, 2007 6:30 PM • EXECUTIVE SESSION: The Tigard City Council will go into Executive Session to discuss real property transaction negotiations, under ORS 192.660(2) (e); exempt public records, under ORS 192.660(2) (fl; and labor negotiations, under ORS 192.660(2) (d). 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. • STUDY SESSION 7:30 PM 1. BUSINESS MEETING 1.1 Call to Order - City Council & Local Contract Review Board 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 2. CITIZEN COMMUNICATION (Two Minutes or Less, Please) • Follow-up on Previous Citizen Communication • Follow-up on Fifth Tuesday Meeting 3. CONSENT AGENDA: These items are considered to be routine and may be enacted in one motion wthout 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 April 10 and April 17, 2007 3.2 Receive and File: 3.2.a Council Calendar 3.2.b Tentative Agenda 3.3 Authorize the Transfer of $670,000 from the Parks Capital Fund to the Water Capital Improvement Project Fund to Convert the Clute Property from a Water Asset to a Park Asset - Resolution No. 07- 3.4 Adopt Revisions to City Wide Personnel Policies - Resolution No. 07- 3.5 Adopt FY 07-08 Downtown Implementation Strategy 3.6 Approve Amendment No. 1 to Intergovernmental Agreement for TriMet Transit Police Services Council Agenda - June 12, 2007 page 2 3.7 Approve Amendment No. 1 to City Manager Employment Agreement to provide for Paid Time Off as allowed by City Management, Supervisory, and Confidential Employee Personnel Policies. 3.8 Local Contract Review Board - a. Award Contract for the Construction of Bull Mountain Road Right-Turn Lane Widening to D & D Concrete Consent Agenda - Items Removed for Separate Discussion: Any items requested to be removed from the Consent Agenda for separate discussion will be conside d immediately after the Council has voted on those items which do not need discussion. 4. LEGISLATIVE PUBLIC HEARING - ENTERTAINMENT ORIENTED USE CODE AMENDMENT (DCA2007-00001) TO ALLOW MAJOR EVENT ENTERTAINMENT IN RESIDENTIAL ZONES ON PUBLIC SCHOOL SITES REQUEST: A Development Code Amendment to amend the Residential Zoning Districts Chapter (18.510) and Conditional Use Chapter (18.330) of the Tigard Development Code. The proposed amendment would allow Major Event Entertainment (athletic, cultural or entertainment events) as a conditional use on public school sites within residential zones. LOCATION: Citywide. ZONE: All Residential Zones. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.330, 18.380, 18.390 and 18.510; Comprehensive Plan Policies 1, 2 and 6; The Metro Urban Growth Management Plan Titles 1, 8 and 12; Metro Regional Framework Plan Policies 1.14 and 8.3; and Statewide Planning Goals 1, 2, and 10. 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. 07- Council Agenda - June 12, 2007 page 3 5. QUASI JUDICIAL PUBLIC HEARING - GOODLETT ANNEXATION (ZCA 2007- 00002) PROPOSAL: The applicant requests approval of annexation of one parcel (1.64 acres) and right-of-way on SW Bull Mountain Road containing a total of 1.74 acres to the City of Tigard. Property owner Goodlett Marshall Building and Development (Mike Goodlett) requests annexation of one parcel, with plans to divide it into 10 lots. One adjacent property was invited to join the annexation, but did not accept the invitation. The sole owner of the subject parcel has consented to the annexation. Note: All right-of-way on the portion of SW Bull Mountain Road adjacent to the subject property is already within City limits. While annexing the right-of-way is not necessary and the applicant has provided a legal description and map that over-describes the proposed annexation area, Washington County has indicated that an over-description is accetable. LOCATION: 12300 SW Bull Mountin Road (South side of SW Bull Mountain Road, adjacent to east side of the Thornwood subdivision, east of SW 125th Avenue); WCTM 2S110BC, Tax Lot 1201. CURRENT ZONE: R-6 District (Residential 6 Units Per Acre). The purpose of the Washington County R-6 District is to implement the policies of the Comprehensive Plan for areas designated for residential development at no more than six (b) units per acre and no less than five (5) units per acre, except as specified by Section 300-2 or Section 303-6. The intent of the R-6 District is to provide the opportunity for more flexibility in development than is allowed in the R-5 District. The average lot area for single family detached dwellings within a proposed development shall be no less than 4,500 square feet and the minimum lot area shall be 4,000 square feet. The minimum lot area for single family attached units shall be 3,500 square feet. EQUIVALENT CITY ZONE: R-7: Medium-Density Residential District. The City of Tigard R-7 zoning district is designed to accommodate attached single-family homes, detached single-family homes with or without accessory residential units, at a minimum lot size of 5,000 square feet, and duplexes, at a minimum lot size of 10,000 square feet. Mobile home parks and subdivisions are also perinitted outright. Some civic and institutional uses are also permitted conditionally. Note: In a subdivision, lot size may be averaged to allow lots less than the minimum lot size allowed in the underlying zoning district as long as the average lot area for all lots is not less than allowed byy the underlying zoning district. No lot created under this provision shall be less than 80% of the minimum lot size allowed in the underlying zoning district. APPLICABLE REVIEW CRITERIA: ORS Chapter 222, Metro Code Chapter 3.09, Comprehensive Plan Policies 2 and 10, Community Development Code Chapters 18.320 and 18.390. a. Open Public Hearing - Mayor b. Statement by City Attorney Regarding Procedure C. Declarations or Challenges Do any members of Council wish to report any ex parte contact or information gained outside the hearing, including any site visits? Have all members familiarized themselves with the application? - Are there any challenges from the audience pertaining to the Council's jurisdiction to hear this matter or is there a challenge on the participation of any member of the Council? ' d. Staff Report: Community Development Department e. Public Testimony - Proponents Applicant Other Proponents C - Opponents - Rebuttal/ Final argument by applicant f. Staff Recommendation Council Agenda - June 12, 2007 page 4 g. Close Public Hearing h. Council Discussion and Consideration: Ordinance No. 07- 6. PUBLIC HEARING - CONSIDER A RESOLUTION CERTIFYING THE CITY PROVIDES SERVICES QUALIFYING FOR STATE SHARED REVENUES a. Open Public Hearing b. Summation by Financial and Information Services Staff C. Public Testimony d. Staff Recommendation e. Council Discussion f Close Public Hearing g. Council Consideration: Resolution No. 07- 7. PUBLIC HEARING - CONSIDER A RESOLUTION DECLARING THE CITY'S ELECTION TO RECEIVE STATE SHARED REVENUES a. Open Public Hearing b. Summation by Financial and Information Services Staff C. Public Testimony d. Staff Recommendation e. Council Discussion f Close Public Hearing g. Council Consideration: Resolution No. 07- 8. PUBLIC HEARING - ADOPT COMMUNITY INVESTMENT PLAN FOR 2007-2012 a. Open Public Hearing b. Summation by Community Development Staff C. Public Testimony d. Staff Recommendation e. Council Discussion f. Close Public Hearing g. Council Consideration: A motion to adopt the Community Investment Program for 2007-2012 9. CONSIDER A RESOLUTION ADOPTING THE CITYWIDE MASTER FEES AND CHARGES SCHEDULE, WHICH REPLACES RESOLUTION NO. 06-36 AND ALL SUBSEQUENT AMENDMENTS TO DATE a. Staff Report: Financial and Information Services Department b. Council Discussion C. Council Consideration: Resolution No. 07- Council Agenda - June 12, 2007 page 5 10. PUBLIC HEARING - CONSIDER A RESOLUTION OF THE CITY OF TIGARD ADOPTING THE BUDGET, MAKING APPROPRIATIONS, DECLARING THE VALOREM TAX LEVY, AND CLASSIFYING THE LEVY AS PROVIDED BY ORS 310.060 (2) FOR FISCAL YEAR 2007-2008 a. Open Public Hearing b. Summation by Finance and Information Services Staff C. Public Testimony d. Staff Recommendation e. Council Discussion f. Close Public Hearing g. Council Consideration: Resolution No. 07- 11. CONSIDER AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF TIGARD AND THE CITY CENTER DEVELOPMENT AGENCY TO LOAN FUNDS FOR CAPITAL IMPROVEMENTS a. Staff Report: Financial and Information Services Department b. Council Discussion C. Council Consideration: Resolution No. 07- Recess City Council Meeting Convene City Cen ter De velopm en t Agen cy (CCDA) Meeting • Call to Order: • Roll Call 12. CONSIDER AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF TIGARD AND THE CITY CENTER DEVELOPMENT AGENCY (CCDA) TO LOAN FUNDS FOR CAPITAL IMPROVEMENTS a. Staff Report: Financial and Information Services Department b. CCDA Discussion C. Consideration: CCDA Resolution No. 07- 13. ADOPT CITY CENTER DEVELOPMENT AGENCY (CCDA) BUDGET a. Staff Report: Community Development Department b. CCDA Discussion C. Consideration: CCDA Resolution No. 07- 14. COUNCIL LIAISON REPORTS 15. NON AGENDA ITEMS Council Agenda - June 12, 2007 page 6 16. 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. 17. ADJOURNMENT I:tadm\cathy\ccat2007%070012p.doc Council Agenda - June 12, 2007 page 7 City of Tigard go01 06/04/2007 16:07 FAX 5036847297 ' ~ >k>tc~~cfxft<~*~cfe*~fr<~>%>u~>k*~f>:xc**fi<fa~x >K ERROR TX REPORT TX FUNCTION WAS NOT COMPLETED TX/RX NO 2617 CONNECTION TEL 5039687397 SUBADDRESS CONNECTION ID Regal Courier ST. TIME 06/04 16:06 USAGE T 00'00 PG S . SENT 0 P RESULT NG #001 t t •;,.R; ;.,Etl . 'i%! : ii•"3 R . -I:i,;i r;'•i tuf !•ia!'i •'E''i'yE I iiia`i 11 !f~ rq~ w'1 i, •fa.f ~ ~ ~ J•I y~i,~ j^E! ! •F•~'~,~f ''e`ii,R!iF ~ i !in! `.!tE!y!i (i '•.r'` u rii!~i{il5!!;El.fi::l{~y~Fl t~(!y ~'1,1!.rl1ft.71• Efl. !yt;ISL r i!E'• 1 ! k~~ilU' Ijii~lEi~~yi~)i~IJi ,,t,r { t tiy'!Ei? ii'i:°}'h ~!{~i E 11, fi ufl..,..:r , s f 4 tE"f a • t .:f•! i(~fi(r E• h i; E i.. . W y.f.t;!:•~'{ih !y Vq:;: r f t d , ! f r.>!': it~ i%E,.y it. 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' i•n!!Ei::r~!ei31h sf;.! , l:ii•(!)ESJ Eivyl,• 1 h,. Pi il.:..it..' f~?:, i Notice The City Center Development Age acd(C CDCenter evelopment have before it on the June ~ Agenda the following items for consideration: Agency Meeting See attached Agenda Item Numbers: 3.5 12 and 13 Please forward to: ❑ Barbara Sherman, Newsroom, The Tithes (Fax No. 503-546-0724) ❑ Newsroom, The Oregonian (Fax No. 503-968-6061) ❑ Editor, The Regal Courier (Fax No. 503-968-7397) 2005, and will meet occasionally to address issues The CCDA was reactivated by. Resolution 05-32 on May 10, will work on an urban related to urban renewal. The CCDA, functioning as the city's urban renewal agency, w renewal plan designed to facilitate the development and redevelopment of downtown Tigard and possibly other areas within the city. ) G,.« P« ;«,~r.rw,etir.n n1PacP rnnrarr TN-niter ('trtr R PrrnrAPt- C..atnl Kra[rPr l,tr rallina S0';-(,1()-4171 PXt 2419 06/04/2007 16:05 FAX 5036847297 City of Tigard 0001 TX REPORT ss* ~>K>kx~sa~~aa~~~ac*~~~>k**~~ TRANSMISSION OK TX/RX NO 2615 CONNECTION TEL 5039686061 SUBADDRESS CONNECTION ID Oregonian ST. TIME 06/04 16:03 USAGE T PGS. SENT RESULT KDOK r!;~!,i ' i I'{r!'~-{sw{::pi {-r'.i°yi:rte!r.!•t~!n'iit`•'!iiiicE'q"-'i'r:i!!j"r;:iP;~ • ~ IHi~'~~i* is '~,•jrgu t'c'1'iltl ji , ii ri's;iFi. 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W +rIQ : . ~r rc::1il~llii["`!il91iC3tti If is {i fiu 1 tilji{!jiBilJlJl (ti!Ii'ti{~-j!h!.1 ~il(f;,.rj.{p:a11If !:!flit! h r!l ji •IuiltiJJ~~; 'i°l{~IllJliy!~J~•I!illl{ J IjlS.rij ?'litiJi~t! iJEtlili!Il r • i , tE r. ~ iJE~~i~{,~r t ~ ~t}•+~~{( i~{ct{i ~•!(I.IJ:~Iry J' Il:!•i•c;:~.•I!I;r~~t!!!l~Jr l~~~f~~' •E•. ~1.4~..~ rEal.,iii.;.~~i•i{i+~,alL:r4'r'' !ri:J!~; {'r!(ilJl ~~{{lill,,r{i t:1J l,leti Ir ti ~ it { 8! ' y1.: , ~~'!il!•{Et•1tY!•E~ Ji~jl{:~llJlJ,~: t gie:i: !;I ! ; !uJ j'll JE! a {n t.+. i!~'riEuiila:i :'•l+mt:it,.i It•mny:ivih!J.,li !•~ti,i! rI !ir it{tli~{ ii) Notice The City Center Development Agency (CCDA) will have before it on the June 12, 2007, City Council and City Center Development Agency Meeting Agenda the following items for consideration: See attached Agenda Item Numbers: 3.5,12and13 Please forward to: ❑ Barbar:>. Sherman, Newsroom, The Times (Fax No. 503-546-0724) ❑ Newsroom, The Oregonian (Fax No. 503-968-6061) ❑ Editor, The Regal Courier (Fax No. 503-968-7397) The CCDA was reactivated by Resolution 05-32 on May 10, 2005, and will meet occasionally to address issues related to urban renewal. The CCDA, functioning as the city's urban renewal agency, will work on an urban renewal plan designed to facilitate the development and redevelopment of downtown Tigard and possibly other areas within the city. 06/04/2007 16:10 FAX 5036847297 City of Tigard R001 ' • , ~>K><e~#>K~~c~c>tc~c~c>lc~~c~#>KskBs~ ~c ><c TX REPORT ss* ~k~~k~R~%~k~~~kxesksk&~~k&~~kR~sR~R TRANSMISSION OK TX/RX NO 2616 CONNECTION TEL 15033712635 SUBADDRESS CONNECTION ID VallPV - ST. TIME 06/04 16:08 USAGE T 01'57 PGS. SENT 7 RESULT OK ji! 3"gifiihh!i:. R !!!45 2 ji!!i.!ti•fL'6?,, i!Eij.hii°I { fT• 'p'j Y.'s. lh,~!... y.;.ay ii?::y.:•'u,...ici!p!:!;rs i~.,r.:i! 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' : i i', i , i _ : r!iiit!al'•~j! 1+:3 i!Itj:ni ja a2i ! jt('j~u aij?ihh~js• ili~r Brij li'•f f r j+• 1! 3' i i i i •i. f I i '!!R('li~ f~ iii; t}i~hl + i?iiljir i :ill ~a j~ ,3, •..I'' 4 t,.. (3:3~1~ji: ' Ij r~i.47! ;y.lj3Ni ' iiit!L•s.j._!•iutlhhiEi?!r!' h~• J • .r - r~r: i' r : !'~i c 'fill !iifII 1p, iir'i•r ttiji .h! r •i ! r i1 i r,» t. e: 3 t.. s i t rJ " s J•ji • . i!r IL• n Il rE;e! I}rjjii&Il~i'~ ~ti~ij] , i i l3 i I ~ ' i r? ..~„''r,.• {.i' .•s~,i~l~~ilj'l!j~,i~,i t~i{313j'll!'(! II!jilSelj'r!:ei'I!i!h!!T)ailjjlx.JS:li,'i?!ile!ii!j!:. ~'r.r. !r.L•ir•4ijrxr °il°j'3'i+i•iri tjil Notice The City Center Development Agency (CCDA) will have before it on the June 12, 2007, City Council and City Center Development Agency Meeting Agenda the following items for consideration: See attached Agenda Item Numbers: 3.5,12 and 13 Please forward to: LJ Barbara Sherman, Newsroom, The Times (Fax No. 503-546-0724) ❑ Newsroom, The Oregonian (Fax No. 503-968-6061) ❑ Editor, The Regal Courier (Fax No. 503-968-7397) The CCDA was reactivated by Resolution 05-32 on May 10, 2005, and will meet occasionally to address issues related to urban renewal. The CCDA, functioning as the city's urban renewal agency, will work on an urban renewal plan designed to facilitate the development and redevelopment of downtown Tigard and possibly other areas within the city. I AGENDA ITEM NO.2 - CITIZEN COMMUNICATION DATE: June 12, 2007 (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 becomes 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. NAME, ADDRESS & PHONE TOPIC STAFF Please Print CONTACTED Name: Also, please spell your name as it sounds, if it will help the presiding officer pronounce: Address City State Zip Phone No. Name: Also, please spell your name as it sounds, if it will help the presiding officer pronounce: Address City State Zip Phone No. Name: Also, please spell your name as it sounds, if it will help the presiding officer pronounce: Address City State Zip Phone No. CITIZEN COMMUNICATION MEMORANDUM A® 1 TO: Honorable Mayor & City Council Agenda Item No. . i~ For Agenda of June 12, 2007 FROM: Cathy Wheatley, 0-ity Recorder RE: Three-Month Council Meeting Calendar DATE: June 4, 2007 Regularly scheduled Council meetings are marked with an asterisk June 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 July 10* Tuesday Council Business Meeting - 6:30 pm, Town Hall 17* Tuesday Council Workshop Meeting - 6:30 pm, Town Hall (Tentatively: Joint Meeting with Intergovernmental Water Board and Lake Oswego City Council) 24* Tuesday Council Business Meeting - 6:30 pm, Town Hall 31 Tuesday Fifth Tuesday Council Meeting - 7 pm, Library Community Room August 14* Tuesday Council Business Meeting - 6:30 pm, Town Hall 21* Tuesday Council Workshop Meeting - 6:30 pm, Town Hall 28* Tuesday Council Business Meeting - 6:30 pm, Town Hall i:%adrnWty mundh3month catender for 0612-07 cc mtg.doc Agenda Item No. Tigard City Council Tentative Agenda 2007 Meeting of GA y~ ] a, 100 V Meeting Date: June 12, 2007 Meeting Date: June 19, 2007 Meeting Date: June 26, 2007 Meeting Type/Time: Business/CCDA/6:30 p.m. Meeting Type/Time: Workshop/6:30 p.m. Meeting Type/Time: Business/6:30 p.m. Location: City Hall Location: City Hall Location: City Hall Greeter: Greeter: Greeter: Materials Due @ 5: May 29, 2007 Materials Due @ 5: June 5, 2007 Materials Due @ 5: June 12, 2007 Study Session Exec. Session - Real Property - Dennis K. - 10 min. Workshop Agenda Study Session Exec. Session - Exempt Records - Tim R. - 15 min. Joint Meeting with the Intergovernmental Building Valuation Change - Tom C. - 15 min. Exec. Session-Labor Relations-Sandy Z. - 10 min. Water Board - Dennis K. - 60 min. Distribute City Council Groundrules - Cathy W. - 5 min. Exec. Session-Pending Litigation - Dennis K.- 10 min. Highway 99W Corridor Improvement Consent Agenda and Management Plan Update - Gus - 30 min. Adopt Revisions to Citywide Personnel Pol.-Sandy-RES 1-5 - Hwy 99W Connector Project Overview - Consent Agenda CCDA - Approve Downtown Imp. Strat. - Tom C. Gus D. - 15 min. Amend Affordable Housing Assistance Fee- Approve IGA Amend.#1 for Tri-Met Police Svsc-Chief ODOT Region 1 Director Jason Tell - Duane - Need RTS Approve Amend.#1 to City Mgr. Employment Agree. Gus D. - 20 min. Award Pavement Major Maint. Prog. Contract - Gus to provide PTO - Craig P. CCAC- Urban Renewal Mktng. & Comm-PPT Building Valuation Change - Tom C. LCRB-Bull Mountain Rt. Turn Lane Cont. - Gus Phil N. - 20 min. Appoint Library Board Member - Margaret B. Business Meeting Amend Affordable Housing Assistance Fee- Adopt SEIU/OPEU Local 199 Collective Bargaining Transfer Surplus Water Property to Parks - Dennis-RES Duane - 15 min Agreement - Sandy Z. Res. Zone CU Change-Theater-LEG PH-Tom-45 min- .ORD Exec. Session - Labor Negotiations Approve COLA & Insurance Options for Mgmt., Prof. Goodlett Annex. (ZCA 2007-00002) QJPH-Tom 20-ORD & Confidential Employees - Sandy Z. Certify City provides Services Qualifying for State Shared Revs - RES - Bob S. - 5 min. Business Meeting Declare City's Election to Receive State Chamber of Commerce Rep. - 10 min. Revenues - PH - RES - Bob S. - 5 min. Presentation of Award to "if I Were Mayor" Contest Approve CIP for 2007-12 - PH -Tom C. - 10 min. Winners - Joanne B. - 15 min. Adopt Citywide Master Fees & Charges Schedule Presentation by Essential Health Clinic -Liz-10 min. Bob S. - RES - 10 min. Amend TMC regarding Alcohol in Parks Adopt FY 2007-08 Budget - PH - RES Bob S.- 25 min Dennis K./Dan P. - 10 min.- ORD IGA between City & CCDA to loan Funds for Cap. Declare TWD property as Surplus & Direct City Mgr. to Improvements - Bob S. - 5 min. explore purchase - Dennis K. - 15 min. - RES IGA between CCDA & City to borrow Funds for Cap. Improvements - Bob S. - 5 min. CCDA Budget Adoption - Bob S. - 5 min. Time Avail: 135 min. - Time Scheduled: 135 min. Time Avail: 200 min. - Time Scheduled: 160 min. Time Avail: 135 min. - Time Scheduled: 60 min. Time Left: 0 min. Time Left: 40 min. Time Left: 75 min. 6/5/2007 1 Tigard City Council Tentative Agenda 2007 Meeting Date: July - TBA Meeting Date: July 10, 2007 Meeting Date: July 17, 2007 Meeting Type/Time: Meeting Type/Time: Business/6:30 p.m. Meeting Type/Time: Joint LO Mtng/6:30 Location: City Hall Location: City Hall Location: City Hall Greeter: Greeter: Greeter: Materials Due @ 5: Materials Due @ 5: June 26, 2007 Materials Due @ 5: July 3, 2007 Joint Meeting w/TTSD Study Session Workshop Agenda Council Discussion re Changes to Council Groundrules - Cathy W. - 10 min. Joint Meeting with Intergovernmental Water Board and the Lake Oswego City Council to Continue Discussions on a Possible Water Partnership Consent Agenda NO OTHER ITEMS WILL BE SCHEDULED Joint Meeting with Tigard-Tualatin School Workers Compensation Insurance Coverage District and Durham, King City and Tualatin - for City Volunteers - Loreen Tigard to host TO BE SCHEDULED Business Meeting Set Election Date for Special City Councilor Election (9/18 or 11/6) - Cathy - 10 min. Time Avail: 135 min. -Time Scheduled: 10 min. Time Avail: 200 min. - Time Scheduled: 90 min. Time Left: 125 min. Time Left: 110 min. 6/5/2007 1 Tigard City Council Tentative Agenda 2007 Meeting Date: July 24, 2007 Meeting Date: July 31, 2007 Meeting Date: August 14, 2007 Meeting Type/Time: Business/6:30 p.m. Meeting Type/Time: 5th Tues/7 PM Meeting Type/Time: Business/6:30 p.m. Location: City Hall Location: Water Building Aud. Location: City Hall Greeter: Greeter: Greeter: Materials Due @ 5: July 10, 2007 Materials Due @ 5: July 31, 2007 Study Session Fifth Tuesday Meeting Study Session City Manager Review - Admin/HR? Consent Agenda Consent Agenda Business Meeting Business Meeting Chamber of Commerce Rep. - 10 min. 1-5 to Highway 99W Connector Project Council Goal Update - Admin. - 15 min. SI Briefing - Gus D. - 30 min. Info. Public Hearing - Finalize Sewer Reimb. Dist.#40 (Ann St.) - PPT - RES - Gus. D. - 15 min. Is Tigard a Good Place to Grow Old? - Presentation by Wash. Co. Disability, Aging & Veteran Svcs. - Loreen - 30 min. Time Avail: 135 min. - Time Scheduled: 70 min. Time Avail: 135 min. - Time Scheduled: 30 min. Time Left: 65 min. Time Left: 105 min. 6/5/2007 1 Agenda Item # Meeting Date June 12, 2007 COUNCIL AGENDA ITEM SUMMARY City Of Tigard, Oregon Issue/Agenda Tide Adoption of Revisions to City Wide Personnel Policies Prepared By: Sandy Zodrow, HR Dir. Dept Head Approval: City Mgr Approval: C ISSUE BEFORE THE COUNCIL Should the Council adopt the proposed revisions to the City Wide Personnel Policies STAFF RECOMMENDATION Adopt the proposed revisions to the City Wide Personnel Policies KEY FACTS AND INFORMATION SUMMARY The City Wide Personnel Policies have not been had a comprehensive review and update since 1998. Over approximately the last year, city department directors and the City Manager's Office have completed an extensive review of the City Wide Personnel Policies, with input and review from the City Attorney. Major highlights of the proposed changes include: 1) background checks will be required on finalists for any city job as determined by the department director 2) reasonable suspicion drug testing will be allowed if there is evidence that would lead a reasonable person to suspect that drugs or alcohol are adversely affecting job performance or endangering the public or others (this is in addition to the existing Department of Transportation legal requirements for random drug testing of positions requiring a Commercial Driving License such as those in Public Works) 3) employees will be allowed limited access to City employee benefit websites such as Blue Cross and Kaiser during business hours however no access will be allowed to city benefit sites such as deferred compensation or other investment related sites 4) employees will be allowed to use personal vehicles for city business and receive IRS mileage if they have minimum insurance coverage limits, provide proof in advance of coverage, and have supervisory approval. OTHER ALTERNATIVES CONSIDERED None - these policies are in need of updating at this time. CITY COUNCIL GOALS Not applicable ATTACHMENT LIST Exhibit A - Revisions to the City Wide Personnel Policies FISCAL NOTES Minimal costs associated with revisions will be absorbed within existing department budgets \\tig20Unetpuh\tig20\v w oot\fo ms\form docs\council agenda item summary sheet 07.doc 'J -City of Tigard, Oregon • 13125 SWHall Blvd. • Tigard, OR 97223 June 6, 2007 TIGARD TO: Mayor and City Council ~ ~s 1 nos FROM: Sandy Zodrow, Human Resources Director RE: One small change to Proposed City Wide Personnel Policies _i Next week at your June 12`h Council meeting, the Adoption of the Proposed Revisions to the City Wide Personnel Policies is set on the consent agenda. Your Council reviewed this matter in Study Session at your May 22'd meeting. Yesterday at an Executive Staff retreat the directors were discussing the forthcoming implementation of the background check procedures under Policy No. 41. 0, Background Checks, City Wide Personnel Policies, and noticed a one sentence change that they would like to make to the proposed policies before your Council adopts them. They wish to delete the proposed sentence under this policy that reads: "Record checks will be conducted only once on employees who were hued before this policy was implemented." This would, for example, enable the City to continue to check driving records for employees whose official duties require them to drive a vehicle, enhancing the safety of the employee and the public. "Thank you. AP o T- pp C D Phone: 503.639.4171 e Fax: 503.684.7297 www.tigard-or.gov 9 TTY Relay: 503.684.2772 employee's city wor oes not conflict with the interest of the city,, is not a discredit to the Deleted: and city,`nd/ox does not constitute - appearance of impropriety. An employee cannot be a _ _ - ` Deleted: or contractor or a sub-contractor on City projects, where the work performed is similar to the Formatted: Font color: Red employee's city job. Extra duty required by city employment will have preference over outside employment. An employee's private business may not be conducted during work hours. An employee may not use city equipment, materials, facilities or time in the conduct of outside employment. Employees may not market or solicit outside employment business during work hours or on city property without prior written approval of the department director. An employee's position with the city may in no way be used as a means of receiving referrals, information or other benefits for the outside employment. Under no circumstances may city equipment or resources be used in outside employment. The department director may at any time revoke permission to hold outside employment. 41.0 BACKGROUND CHECKS Background checks are conducted to ensure the continuing safety of our workforce and citizens, and the security of city resources. It is the policy of the City of Tigard to conduct and/or request driving, criminal, civil, financial and/or other background records and checks appropriate to the position on final external applicants for city positions, including job classifications whose duties require a security clearance to operate within a Police or Court System. At the discretion of the department director, record investigations may be also be conducted on final internal applicants for, and current employees in, appropriate job classifications including but not limited to positions that work with vulnerable customers (children, elderly and the disabled), have direct and unauthenticated access to the City's network resources, financial operations and/ox those positions requiring security clearances to operate within a Police or Court System. Department directors may also request record investigations on volunteers and persons hired through temporary employment agencies or as independent contractors. The Human Resources Division will coordinate all background Deleted: Record checks will be and investigations, except for Police Department positions. conducted only once on employees who were hired before this policy was implemented. All City employees are required to report all criminal convictions and injunctions or restraining orders filed against them to their supervisor and the Human Resources Division immediately. Failure to do so may result in discipline up to and including termination. Method and Timine All job applicants will be advised in writing that an appropriate background/record investigation is requested on the final candidate. All applicants who reach the final selection stage must sign a waiver permitting access to their records. The final candidates will be notified that the job offer is contingent upon passing the background check. The same ul n v" process will be followed for in-house applicants and current incumbents for the job G. classifications specified by the department director. 13 / employee's city work, does not conflict with the interest of the ct is not a discredit to the Deleted: and city,,.nd/or does not constitute an appearance of impropriety_ An employee cannot be a Deleted: o~ contractor or a sub-contractor on City projects, where the work performed is similar to the Formatted: Font color: Red employee's city job. Extra duty required by city employment will have preference over outside employment. An employee's private business may not be conducted during work hours. An employee may not use city equipment, materials, facilities or time in the conduct of outside employment. Employees may not market or solicit outside employment business during work hours or on city property without prior written approval of the department director. An employee's position with the city may in no way be used as a means of receiving referrals, information or other benefits for the outside employment. Under no circumstances may city equipment or resources be used in outside employment. The department director may at any time revoke permission to hold outside employment. 41.0 BACKGROUND CHECKS Background checks are conducted to ensure the continuing safety of our workforce and citizens, and the security of city resources. It is the policy of the City of Tigard to conduct and/or request driving, criminal, civil, financial and/or other background records and checks appropriate to the position on final external applicants for city positions, including job classifications whose duties require a security clearance to operate within a Police or Court System. At the discretion of the department director, record investigations may be also be conducted on final internal applicants for, and current employees in, appropriate job classifications including but not limited to positions that work with vulnerable customers (children, elderly and the disabled), have direct and unauthenticated access to the City's network resources, financial operations and/or those positions requiring security clearances to operate within a Police or Court System. Department directors may also request record investigations on volunteers and persons hired through temporary employment agencies or I as independent contractors Record checks wiLl be conducted only once on employees who r J) 0_5~Q r s (Q10 were hired before this policy was implemented. he Human Resources Division will coordinate all background and investigations, except for Police Department positions. All City employees are required to report all criminal convictions and injunctions or restraining orders filed against them to their supervisor and the Human Resources Division immediately. Failure to do so may result in discipline up to and including termination. `/q'-U' • 1r l'!~ Method and Timing All job applicants will be advised in writing that an appropriate background/record investigation is requested on the final candidate. All applicants who reach the final selection stage must sign a waiver permitting access to their records. The final candidates will be notified that the job offer is contingent upon passing the background check. The same process will be followed for in-house applicants and current incumbents for the job classifications specified by the department director. Agenda Item # Meeting Date June 12, 2007 CITY CENTER DEVELOPMENT AGENCY AGENDA ITEM SUMMARY City Of Tigard, Oregon Issue/Agenda Tide Adoption of FY 07-08 Downtown Implementation Strategy Prepared By: Phil Nachbar Dept Head Approval: IC City Mgr Approval: ISSUE BEFORE THE CITY CENTER DEVELOPMENT AGENCY Shall Council approve the FY 07-08 Downtown Implementation Strategy and Work Program update? STAFF RECOMMENDATION Adopt the FY 2007-08 Downtown Implementation Strategy and Work Program. KEY FACTS AND INFORMATION SUMMARY At its May 15 the Council meeting, staff provided an overview of the annual update to the Downtown Implementation Strategy for FY 2007-08. Council provided their thoughts with regard to the revised Strategy and Work Program, and concurred with staff on various aspects of the Strategy and direction for Downtown. These include a contract for a professional "development strategy" to support the effort to revise land uses and regulations, and provide an unbiased assessment of opportunities for short-term and long-term development in Downtown. At its May 9`" meeting, the CCAC reviewed the revised Strategy and passed a motion recommending its adoption by City Council. The Downtown Implementation Strategy is the key document intended to organize and prioritize "near-term" and "long-term" policies and actions for the Downtown. It includes goals, policies, and both a 1-Year Work Program and 3-year Action Plan. The first Strategy was first adopted in August 2006. This is the annual update for FY 2007-08. Adoption of the Downtown Implementation Strategy provides specific direction to staff and the City Center Advisory Commission (CCAC) for a FY 07-08 Work Program, and an overall strategy for Downtown. There have been no substantive changes to the policies within the document. However, the 1-Year Work Program and 3-Year Action Plan have been revised to reflect progress made, anticipated new projects, and prioritization of work. Significant changes to the 1-Year Work Program include: performance of a market and development strategy to assist in identifying real estate opportunities, maximizing new investment and developing new land use regulations, development of the master plan for Fanno Creek Park and a Downtown Public Plaza, refinement of the Urban Design Plan to address the need for better circulation, future districts and land uses, and evaluation of the feasibility of the Urban Creek Corridor, the identified north-south open space connector in Downtown. Over the upcoming fiscal year, an effort will be made to make contact with developers on several different projects, work towards resolving key issues related to circulation and potential redevelopment such a rail crossing for Ash Avenue, and clarify the future disposition of the City owned property in Downtown. The 3-Year Action Plan for FY 07-08 is a continuation of last year's plan with minor modifications based on progress and adjustments. OTHER ALTERNATIVES CONSIDERED None considered. CITY COUNCIL GOALS The Downtown Implementation Strategy update furthers Council's goal to continue to support implementation of the Downtown Plan. ATTACHMENT LIST FY2007 1-Year Work Program and 3-Year Action Plan. FISCAL NOTES There is no direct cost impact to adopting the FY 2007-08 Downtown Implementation Strategy. All projects anticipated for FY 07-08 have been submitted as part of the annual City and Urban Renewal budgets. \Uig20Vnetpub\tig20\w root\fo"s\fo" does\ccda agenda item summary sheet 07.doc Tigard Downtown Work Program - 1 Year • DOWNTOWN WORK PROGRAM 1 --YEAR FY 07-08 Project / Task July Aug Sept Oct Nov Dec Jan Feb Mar April May June facilitation of Downtown Redevelopment Projects Downtown Opportunity Sites-Program Development Perform Market Analysis Development Strategy Develop Program for Assembly Marketing of Parcels Evaluate opportunities for public plaza private development project Identify evaluate City-owned property for redevelopment Coordinate City facility planning with redevelopment efforts Initiate discussions with USPS for relocation Refine Urban Design Plan for Downtown Land Use-Regulations Design Guidelines Design Guidelines Identify Design Guidelines for evaluation Evaluate options for Design Guidelines Coordinate review of Design Guidelines Land Use Regulations Identify Land Use regulations for evaluation Evaluate options for Land Use Zoning Regulations Coordinate review and amendment of Land Use Regulations Commuter Rail Block Transit Center Redevelopment Prepare Preliminary Project Feasibility Stud F TIGARD DOWNTOWN STRATEGY FY 2007-08 PAGE 24 Tigard Downtown Work Program - 1 Year TIGARD DOWNTOWN WORK PROGRAM 1 --YEAR FY 07-08 Project / Task July Aug Sept Oct Nov Dec Jan Feb Mar April May June Improvement of fanno Creek Park/Open Space System Fanno Creek Park Public Area Develop Fanno Creek Park & Plaza Master Plan Plaza Location Study / Programming Coordinate Integrate Fanno Creek Improvements into Plan Design Alternatives Preliminary Master Plan Final Master Plan Fanno Creek Park & Plaza Implementation Adopt Master Plan Incorporate into Parks System Master Plan Prepare Construction Documents Fanno Creek Trail System Determine feasibility of Trail Extension Main St. to Grant St. Construct Trail Improvements Rail to Trail Hall to Tiedeman St. Prepare overall feasibility stud Execute joint agreement with property owner Land Acquisition Land Acquisition flood lain properties) Land Acquisition Public Area Coordinate with affected property Establish time frame for relocation property conveyance Urban Creek Green Corridor Prepare feasibility stud Identify alignment and design parameters Determine recommendations Obtain Council approval Evaluate for inclusion into Parks Master Plan (optional) TIGARD DOWNTOWN STRATEGY FY 2007-08 PAGE 25 Tigard Downtown Work Program - 1 Year TIGARD DOWNTOWN WORK PROGRAM 1 --YEAR FY 07-08 'Project / Task July • • • • Dec Jan Feb Mar April May June Improvement of fanno Creek Park Open Space System (continued) Restoration & Wetland Mitigation Projects Conduct hydrologic design analysis of Fanno Creek Identify Fanno Creek realignment options Prepare final engineering drawings for creek improvements Construct Creek restoration and improvements Construct initial park improvements Farmer's Market Evaluate for inclusion in public plaza programmed uses Development of Comprehensive Street/Circulation System Refine Circulation Plan for Downtown Determine Evaluate Circulation Plan Options Coordinate Review Select Circulation Plan Option Streetscape Enhancement Program Burnham Street (Final Design ROW) Final design ROW Construction Commercial Street (Main to Lincoln) Final design ROW Construction Main Street Identify Main Street "Brand Tigard" Improvements Ash Avenue Improvements Ash Ave. (Burnham St. to Rail ) Engineering / ROW Construction TIGARD DOWNTOWN STRATEGY FY 2007-08 PAGE 26 Tigard Downtown Work Program - 1 Year TIGARD DOWNTOWN WORK PROGRAM 1 --YEAR FY 07-08 Aug ~Project / Task July • • Dec Jan Feb Mar April May June Development of Comprehensive Street/ Circulation System mdtipueg) Ash Ave. Feasibility Study (N. of Fanno Creek) RR At-Grade Crossing (vehicular and pedestrian) Initiate discussion with RR as to criteria / requirements Establish timeframes and agreement with RR Coordinate Ash Avenue Open Space Design with Fanno Master Plan Hall Blvd. / 99W Downtown Gateway Gateway Conceptual Design Intersection Design Input / Washington County Coordinate Review of Preliminary Design ROW Acquisition Review Gateway Preliminary Design Construction Main Street Improvements Install Safety Improvements Pedestrian / Bike Plans Update with Circulation Plan Parking Management Plan Monitor Parking in Downtown TIGARD DOWNTOWN STRATEGY FY 2007-08 PAGE 27 Tigard Downtown Action Plan - 3 Year TIGARD DOWNTOWN ACTION PLAN - 3 YEAR Project / Action Year 1 Year 2 Year 3 Future FY 07-08 FY 08-09 FY 09-10 facilitation of Redevelopment Projects Downtown Development Opportunity Sites-Program Market Analysis/Development Strategy x - Identify Opportunity Sites for Redevelopment x Development Program for Land Assembly/Marketing x x x Land Use-Regulations / Design Guidelines Land Use / Building Types Refinement x Design Guidelines x x Land Use Regulations x x Commuter Rail Commuter Rail Station x x Commuter Rail Block / Joint Development x Shelter Upgrade x Downtown Housing Development Housing Study x Housing Program Estimate x Implementation x x Performing Arts / Recreation Center Performing Arts Use / Preliminary Siting x Performing Arts Use. / Feasibility Study x Land Disposition / Acquisition x Post Office Relocation Initiate discussions with USPS x Follow-Up Actions (Relocation Study / Facilitation) x Improvement of fanno Creek Park & Open Space System Fanno Creek Park / Public Area Fanno Creek Park Master Plan x Funding Program / Parks System Master Plan x Public Area Use Design x Public Use Area Redevelopment Feasibility x TIGARD DOWNTOWN STRATEGY FY 2007-08 PAGE 19 Tigard Downtown Action Plan - 3 Year TIGARD DOWNTOWN ACTION PLAN - 3 YEAR Project / Action Year 1 Year 2 Year 3 Future FY 07-08 FY 08-09 FY 09-10 Improvement of fanno Creek Park & Open Space System rcontinuedj Land Acquisition (floodplain properties) x Land Acquisition (Public Area) x Fanno Creek Realignment and Restoration x x Park Restoration x x x x Public Area Improvements x x x x Farmer's Market Site Location x Urban Creek / Green Corridor Implementation Options x Feasibility Study x . Inclusion in Parks Master Plan Overlay Zone x Preliminary Design x - Land Disposition x Final Design & Engineering x Construction x Ash Ave. Street / Open Space Design x x Rail to Trail (Hall to Tiedeman St.) Planning / Design x x x Construction Hall Blvd.-Commuter Rail Segment x Main St. to Tiedeman Segment x Development of Comprehensive Street & Circulation System Downtown Circulation Plan Revise Circulation Plan x Streetscape Enhancement Program Burnham Street Final design / ROW x Construction x x Commercial Street (Main to Lincoln--Construction) x Commercial St. ( Hall to Main St.) x x Scoff ins St.... . TIGARD DOWNTOWN STRATEGY FY 2007-08 PAGE 20 Tigard Downtown Action Plan - 3 Year TIGARD DOWNTOWN ACTION PLAN - 3 YEAR Project / Action Year 1 Year 2 Year 3 FY 07-08 FY 08-09 FY 09-10 Future Development of Comprehensive Street & Circulation System (continued) Streetscape Enhancement Program Main Street Main Street Safety Improvements x Main Street "Brand Tigard" Improvements x x x x Main Street Comprehensive Improvements. Design x Construction x x Main Street Traffic Light @ Tigard Street x Storefront FaFade Improvement Program x x x Ash Avenue Improvements Ash Ave. (Burnham St. to Rail ) Enaineerina / ROW x Construction x x Ash Ave. North Feasibility Study x Ash Ave. North Design/Construction x _ x x Ash Avenue (Fanno Creek to Burnham St.) x RR At-Grade Crossing Initiate Vehicular Crossing Negotiations x Pedestrian Crossing x Vehicle Crossing x Open Space Design x Burnham St. to Fanno Overlook x Ped / Bicycle Bridge x Terminus to RR Tracks x Hall Blvd. / 99W Downtown Gateway Gateway Conceptual Design x Intersection Design Input / Washington County x ROW Acquisition x Intersection Construction x Final Design (Gateway) x Gateway Construction x x Downtown Alternative Access Study Downtown Alternative Access Study x Greenburg Rd/99W/Main St. / Center St. Intersection x x Scoffins / Hall Blvd. / Hunziker Realignment x Traffic Analysis-Greenburg Rd. / Tiedeman / N. Dakota x Pedestrian / Bike Plans Update Plan x TIGARD DOWNTOWN STRATEGY FY 2007-08 PAGE 21 Tigard Downtown Action Plan - 3 Year TIGARD DOWNTOWN ACTION PLAN - 3 YEAR Project / Action Year 1 Year 2 Year 3 FY 07-08 FY 08-09 FY 09-10 Future Development of Comprehensive Street & CirCu/ation System (continued) Parking Management Plan Monitor Parking in Downtown x X X X Determine Catalyst Project Impact X Prepare Parking Study I Plan TIGARD DOWNTOWN STRATEGY FY 2007-08 PAGE 22 Agenda Item # Meeting Date Tune 12, 2007 COUNCIL AGENDA ITEM SUMMARY City Of Tigard, Oregon Issue/Agenda Title Approve Amendment No. 1 to Intergovernmental Agreement for TriMet Transit Police Services Prepared By: Chief Bill Dickinson Dept Head Approval: City Mgr Approval: ISSUE BEFORE THE COUNCIL The City Council is being asked to approve and authorize the City Manager to sign an amendment to the Intergovernmental Agreement between TriMet, City of Portland, and the City of Tigard which establishes that the City would provide a sergeant position in addition to the one officer currently assigned to the Transit Police Division in the City of Portland. Both positions would be completely funded by TriMet through the City of Portland. STAFF RECOMMENDATION Approve the amendment to the Intergovernmental Agreement and give the City Manager approval to sign the agreement. KEY FACTS AND INFORMATION SUMMARY The original Intergovernmental Agreement between TriMet, City of Portland, and the City of Tigard provided that the City would assign one police officer to the TriMet Transit Division, which is operated and administered by the Portland Police Bureau under a separate contract between TriMet and the City of Portland. This Division includes sworn officers from the City of Beaverton, City of Gresham, City of Milwaukie, Multnomah County, Washington County, and the City of Tigard. This has been a very successful program and has created a greater opportunity to expand communication and cooperation between the participating jurisdictions. In addition, this has also provided an opportunity for City staff to gain greater knowledge of what is entailed for policing in a mass transit environment. This will be of great value to the City once commuter rail begins operating through Tigard. Because of the high reputation that City officers have generated, TriMet has requested that the City provide an additional position of sergeant to be assigned to this Division. The position will be fully funded by TriMet through the City of Portland. The additional sergeant position is included in the City's FY 2007-08 Budget and no additional budget authority is needed in the current fiscal year. Under the agreement, the City was to begin providing the additional position on April 1, 2007. OTHER ALTERNATIVES CONSIDERED N/A CITY COUNCIL GOALS Increase Tigard's involvement with Washington County, Metro, State, ODOT, TriMet, and Federal Government. ATTACHMENT LIST Amendment No. 1 to the Intergovernmental Agreement. FISCAL NOTES The additional sergeant position is included in the FY 2007-08 Budget and TriMet will compensate the City for the services of the additional position. \\tig20\inetpub\tig20\w wt\formsVorm docs\council agenda item summary sheet 07.doc AMENDMENT NO. 1 TO INTERGOVERNMENTAL AGREEMENT FOR TRIMET TRANSIT POLICE SERVICES This Amendment No. 1 revises the Agreement among the Tri-County Metropolitan Transportation District of Oregon (TriMet), the City of Tigard (Tigard) and the City of Portland (Portland), for TriMet Transit Police Services (hereinafter "Agreement"). This Amendment No. 1 shall take effect on April 1, 2007. 1. The first Paragraph of the Agreement is revised as follows to reflect the addition of one (1) full-time sergeant to the TriMet Transit Police Division: The purpose of this Agreement is to provide one sergeant (1.0 FTE) and one officer (1.0 FTE) to the TriMet Transit Police Division, which is operated and administered by the Portland Police Bureau under a separate contract between TriMet and Portland. TriMet, through Portland, will compensate Tigard for the services of the officer assigned to the Transit Police Division. 2. Paragraph 12, Notices, of the Agreement is revised as follows: The parties must send any notices, bills, invoices, reports, or other written communications required by this Agreement through the United States Mail, first- class postage paid, or personally delivered to the addresses set forth below in this Amendment No. 1. 3. Exhibit 1, Transit Police Division Operations, Paragraph 1, first sentence is revised as follows to reflect the addition of one (1) full-time Tigard sergeant to the TriMet Transit Police Division: Commencing April 1, 2007, Tigard will provide one sergeant (1.0 FTE) and one officer (1.0 FTE) for assignment to the Transit Police Division (hereinafter Division). 4. All other terms and conditions of the Agreement shall remain in full force and effect. 5. This Amendment No. 1 constitutes the entire agreement among the parties pertaining to the matters addressed herein, and may be modified or amended only by the written agreement of the parties. April 1, 2007 Page 1 of 2 ORDINANCE NO. 1 8 0 9 2'2 * Amend an Intergovernmental Agreement with TriMet and the City of Tigard for Tigard to provide an additional sergeant to the TriMet Transit Police and for TriMet to compensate Tigard for those services (Ordinance; amend Contract No. 52503) The City of Portland ordains: Section 1. The Council finds: 1. The TriMet Transit Police Division includes sworn officers from the City of Beaverton, City of Gresham, City of Milwaukee, the City of Tigard, Multnomah County and Washington County. 2. Ordinance 179502, passed by Council on August 17, 2005, which authorized Intergovernmental Agreement 52503, was recorded September 29, 2005, between TriMet, the City of Tigard (Tigard), and the City of Portland (Portland). The purpose of the Agreement is to have Tigard provide one officer (1.0 FTE) to the Transit Police Division, operated and administered by the Portland Police Bureau under a separate Agreement. TriMet, through Portland, compensates Tigard for the officer assigned to the Transit Police Division. 3. TriMet, Tigard and the City of Portland wish to enter into an Amendment to that Agreement to be effective April 1, 2007. Under the Amendment, Tigard would provide one sergeant (1.0 FTE) in addition to the one officer currently provided to Transit Police Division. TriMet would compensate Tigard for the services of the additional sergeant. 4. The signatures authorizing the Amendment for Tigard are forthcoming. 5. The Amendment to the Agreement has no financial impact to the City of Portland because TriMet will compensate for the services of the sergeant as well as the officer provided by Tigard. NOW, therefore, the Council directs: a. The Mayor, City Auditor and Transit Police Commander are hereby authorized execute the attached Amendment to Intergovernmental Agreement 52503 between TriMet, the City of Tigard, and the City of Portland. Section 2. The Council declares that an emergency exists because delay in proceeding with this agreement will unnecessarily deprive TriMet, Tigard and the City of Portland of the mutual benefits of this Amendment to this Agreement; therefore this ordinance shall be in force and effect from and after its passage by the Council. Passed by Council: MAY 0 2 2007 Mayor Tom Potter Prepared by; Bob Del Gizzi Gary Blackmer April 10, 2006. Audi r o the City o ord d By _ uty 6. The individuals signing below represent and warrant that they are duly authorized to bind the party for which they sign. TIGARD TRIMET PORTLAND City Manager Bureau of Police 13125 SW Hall Blvd 4012 SE 17th 1111 S W 2nd Avenue Tigard, OR 97223 Portland, OR 97202 land, OR 97Z,04 Attn: Craig Prosser Attn: Tim Garling tt : Co ande enderson Signature ignatu ignature Print Print Print ExEnrR,e 1Dilwc p CoA-Y) woa ~ i ~ ems" Title Title Title Approved as to form: Approved as to Form: By: Mayor Tigard Counsel Legal Counsel Approved as to Form: APPROVED AS TO FORM Ci r CITY ATTORNEY April 1, 2007 Page 2 of 2 Agenda Item # . 4 Meeting Date June 12, 2007 COUNCIL AGENDA ITEM SUMMARY City Of Tigard, Oregon Issue/Agenda Tide Approve Amendment #1 to City Manager Emplo~vment Agreement to provide for Paid Time Off as allowed by City Management. Supervisory, and Confidential Employee Personnel Policies. Prepared By: Craig; Prosser Dept Head Approval: City Mgr Approval CA" ISSUE BEFORE THE COUNCIL Shall the Council approve an amendment to the City Manager's Employment Agreement to provide Paid Time Off as allowed by City Management, Supervisory, and Confidential Employee Personnel Policies? STAFF RECOMMENDATION Move to approve Employment Agreement Amendment #1 and authorize the Mayor to sign it. KEY FACTS AND INFORMATION SUMMARY The Tigard City Council voted to offer Paid Time Off and a Medical Leave Bank to Management, Supervisory, and Confidential employees of the City, effective July 1, 2007. At the time, several Councilors informally stated that they felt that this offer should include the City Manager. The City Manager works under an Employment Agreement with the City. Although the language of that agreement could be read to allow the City Manager to switch to the new Paid Time Off system, the language is ambiguous. This Agreement amendment clearly states that the City Manager will be covered by the Paid Time Off Policy. A memo from the City Manager to the City Council explaining the rationale for this amendment and providing the before and after language of the agreement is attached to this summary, along with a copy of the Agreement Amendment are attached. OTHER ALTERNATIVES CONSIDERED Do not approve amendment. The City Manager would continue to accrue vacation, management leave, and sick leave under the terms of his existing Employment Agreement. CITY COUNCIL GOALS Improved effectiveness and efficiency of internal organizational operations relative to human resource management. ATTACHMENT LIST 1. June 1, 2007 Memo from City Manager Craig Prosser to Tigard City Council. 2. Draft Employment Agreement Amendment. FISCAL NOTES Because the Paid Time Off Policy converts a portion of employees' sick leave accrual to Paid Time Off, there is a potential that Paid Time Off balances cashed out upon termination could be higher than under a vacation accrual scenario. Whether that potential will, in fact, occur depends on a variety of future actions, including the amount of time off actually taken by the employee. IftMnetpuDVW0bnvwrootVamsVOrtn Aocslcounc# agenda item summary sheet 07.doc ATTACHMENT 1 MEMORANDUM TIGARD TO: Mayor Craig Dirksen, and Tigard City Council FROM: Craig Prosser, City Manager RE: City Manager PTO DATE: June 1, 2007 The City Council agreed to offer Paid Time Off to Management employees of the City effective July 1, 2007. At the time you made that decision, several Councilors commented that they felt that PTO should also be available to me as City Manager. I am interested in converting to PTO, but I feel that it would be best to amend my employment agreement to accomplish- this. Section 5 of my employment agreement currently reads as follows: Section 5: Vacation, Management, and Sick Leave A. The Employee shall accrue sick leave and vacation leave in the same manner and amount as is accrued by other management employees of the City, except that Employee shall continue to accrue vacation at the 20 year service level. At the commencement of Employee's employment as City Manager, Employee may carry over any existing banks of leave that he has earned while previously employed with the City. B. Upon signing of this agreement, the Employee shall receive a total of five (5) days of management leave each fiscal year, to be taken consistent with City personnel policies as applied to management employees. Management leave does not accrue from one fiscal year to the next, and any unused management leave remaining in the Employee's management leave bank will be lost if not used by the end of each fiscal year. C. Except as otherwise stated in this Section, the Employee is entitled to accrue all unused leave without limit. In the event the Employee's employment is terminated, either voluntarily or involuntarily, the Employee shall be compensated for all vacation time, and all management leave accrued prior to the date of termination. Employee shall not be eligible to receive any cash or retirement credit for unused sick leave. This language can be read as allowing me to switch to PTO as "sick leave and vacation leave in the same manner and amount as is accrued by other management employees of the City," but that could be open to interpretation. I would be more comfortable with an amendment to my agreement that would remove any ambiguity. I therefore suggest an amendment to my agreement which replaces the existing language in Section 5 with the following language: Section 5: Leave Benefits The Employee shall accrue leave benefits pursuant to the Paid Time Off Policy, No. 19.0, of the Management, Supervisory, and Confidential Employees Personnel Policies of the City of Tigard, with the following exceptions: A. Paid Time Off shall accrue at a rate based on twenty-two years of service as of the date of this agreement, and shall continue to increase according to the accrual schedule in the Policy as it currently exists or as it may be adjusted in the future. B. The Employee shall accrue an additional two days of Paid Time Off above the levels provided in the Policy in recognition of the additional management leave currently provided to the Employee above the management leave provided to other management employees of the City. C. Except as otherwise stated in this Section, the Employee is entitled to accrue all unused leave without limit. In the event the Employee's employment is terminated, either voluntarily or involuntarily, the Employee shall be compensated for all Paid Time Off accrued prior to the date of termination. Employee shall not be eligible to receive -any cash or retirement credit for unused Medical Leave Bank leave. The exceptions are designed to maintain status quo in the specific provisions of my current agreement which are different than the general leave policies of the City, specifically, the higher leave accrual rate (updated for the passage of time since the agreement was originally signed), a higher management leave rate (5 days vs 3 days), and no cap on leave accrual. If Councilors are comfortable with this approach, I would place an employment agreement amendment on the June 12 Consent Agenda. If you are not comfortable with this approach, I would stick with the current terms of my employment agreement. Please let me know by end of day on Monday, June 4 which approach you would prefer to take. Thank you for your consideration. cc: Sandy Zodrow, Human Resources Director Agenda Item # .v?. Meeting Date June 12, 2007 LOCAL CONTRACT REVIEW BOARD AGENDA ITEM SUMMARY City Of Tigard, Oregon Issue/Agenda Title: Award of Contract for the Construction of Bull Mountain Road Right-turn Lane Widening Prepared B : Vannie N en Dept Head A roval: C Ci M Approval: ISSUE BEFORE THE LOCAL CONTRACT REVIEW BOARD Shall the Local Contract Review Board, by motion, approve the contract award for the construction of Bull Mountain Road Right-turn Lane Widening? STAFF RECOMMENDATION Staff recommends that the Local Contract Review Board, by motion, approve the contract award to D&D Concrete & Utilities in the amount of $138,084.00 and authorize an additional amount of $13,800.00 to be reserved for contingencies and applied if needed as the project goes through construction. The total amount committed to the project is therefore $151,884.00. KEY FACTS AND INFORMATION SUMMARY • The current eastbound lane from Bull Mountain Road to southbound Highway 99W is not wide enough to accommodate truck turning movements and other large-sized vehicles. In addition, the turning radius is substandard, which makes it difficult for vehicles to stay within the lane while maintaining the traveling speeds. The outfall of the storm drain pipe that runs underneath the road is also broken off and is in need of repair. • This project widens the right-turn lane and repairs the existing storm drain outfall. It also enlarges the curb return radius for safe turning movements. • On May 8, 2007, Council approved an Intergovernmental Agreement with Washington County for construction management and inspection for the improvements. • An Access Agreement with a Shell gas station adjacent to the project site and an ODOT permit have been obtained for construction of the improvements. • The project was advertised for bids on May 15 in the Daily Journal of Commerce and on May 17, 2007 in the Times. A project addendum was issued requiring bidders to comply with ODOT's permit requirements. Bids were opened on May 29, 2007 at 2:00 PM and the bid results are: D&D Concrete & Utilities Tualatin, OR $138,084.00 S-2 Contractors Aurora, OR $174,339.00 Landis & Landis Construction Portland, OR $186,867.00 CivilWorks NW Vancouver, WA $198,515.50 Kerr Contractors Woodburn, OR $219,771.25 Engineer's Estimate Range $145,000 $175,000 • D&D Concrete & Utilities submitted its bid at approximately 5% less than the Engineer's low estimate. The contractor has verified his bid and assured staff that he would complete the project within the indicated timeframe and the bid amount. The contractor also complies with other bidding requirements specified in the bid documents. Hence, D&D Concrete & Utilities submitted the lowest responsible bid of $138,084.00. Staff recommends approval of contract award plus an additional amount of $13,800 to be reserved for contingencies and applied if needed as the project goes through construction. • Upon Council approval of the contract and after a Notice to Proceed has been issued, D&D Concrete & Utilities will have 50 days to complete the improvements. The construction is anticipated to start the first week of July and is expected to be completed by mid-August. OTHER ALTERNATIVES CONSIDERED None COUNCIL GOALS AND TIGARD BEYOND TOMORROW VISION STATEMENT This project supports the Tigard Beyond Tomorrow Transportation and Traffic goals of "Improve Traffic Safety" and "Improve Traffic Flow". The improvements to the right-turn lane will also bring the lane to current standards intended to improve safety and increase capacity. ATTACHMENT LIST Project location map FISCAL NOTES $240,000 has been included for the FY 2007-08 CIP. This amount is sufficient to award a construction contract of $138,084.00 to D&D Concrete & Utilities and authorize a contingency amount of $13,800.00 for the total of $151,884.00 to construct the project. BULL MOUNTAIN ROAD AT PACIFIC HWY WEST (OR 99W) RIGHT TURN LANE WIDENING MCFARLAND BLVD OvD CT G ~ w Q ~ WILDWOOD ST ~ c ~7 Z LARUELGLEN CT. ~ MCoNTA~N RD BULL C~ PROJECT LOCATION SELEM AR CT Q~ VIEWCREST CT NO SCALE C Agenda Item # Meeting Date Tune 12, 2007 COUNCIL AGENDA ITEM SUMMARY City Of Tigard, Oregon Issue/Agenda Title Consider a Resolution Authorizing the Transfer of $670,000 from the Parks Capital Fund to the Water Capital Improvement Project Fund in order to Convert the Clute Property from a Water Asset to a Park Asset Prepared By: Dennis Koellermeier Dept Head Approval: &111-X City Mgr Approval: ` ISSUE BEFORE THE COUNCIL Shall the City Council approve a resolution which will authorize the transfer of $670,000 from the Parks Capital Fund to the Water Capital Improvement Project Fund in order to convert the Clute property from a water asset to a park asset? STAFF RECOMMENDATION Approve the resolution. KEY FACTS AND INFORMATION SUMMARY ■ In 1997, the City purchased the Clute property to provide access to the Menlor Reservoir. The property was purchased as a water asset with water funds. ■ Following the purchase, the property was partitioned and an access road created. This road continues to provide access to the reservoir today. • The remaining portion of the property, 1.36 acres, was declared surplus by the Intergovernmental Water Board JWB). The IWB recommended the City of Tigard sell this surplus property. ■ The surplus property has retained the name of original property and is commonly referred to as the Clute property. ■ The Clute property was identified as a potential neighborhood park site by the Park and Recreation Advisory Board in 2005 and was annexed into the City of Tigard in 2007. ■ An appraisal of the Clute property was conducted in April of 2007; the property appraised at $700,000, contingent upon the removal of the existing structures located on the site. The structures are in disrepair and contain hazardous materials. It is estimated they can be removed at a cost of $30,000, ultimately making the appraised value of the Clute property $670,000. ■ The IWB recently discussed the disposition of the Clute property and concluded it was willing to sell the property to the City of Tigard, at market value, for a future park. The BXWB further directed that proceeds from the sale of the property be placed in the Water Capital Improvement Project Fund. OTHER ALTERNATIVES CONSIDERED The Council could decide not to transfer the funds and could provide staff with direction regarding the Clute property and its use as a future park site. Cny CouNciLGOALS None ATTAc r Lisr Resolution FIsC'AL NOTES This resolution, if approved, will transfer $670,000 from the Parks Capital Fund to the Water Capital Improvement Project Fund. This expense was anticipated, and there is approximately $1.12 million allocated in FY'06-'07 budget for such purchases. CITY OF TIGARD, OREGON 01'A vhf 1.S I TIGARD CITY COUNCIL RESOLUTION NO. 07- A RESOLUTION AUTHORIZING THE TRANSFER OF $670,000 FROM PARKS CAPITAL FUND TO THE WATER CAPITAL IMPROVEMENT PROJECT FUND IN ORDER TO CONVERT THE CLUTE PROPERTY FROM A WATER ASSET TO A PARK ASSET WHEREAS, in 1997, the City of Tigard purchased the Clute property to provide access to a water capital improvement project known as the Menlor Reservoir; and WHEREAS, upon completion of the Menlor project, portions of the Clute property were unused; and WHEREAS, the Intergovernmental Water Board, following City of Tigard surplus property procedures, declared the unused portion of the original Clute parcel surplus and authorized a partition of the property; and WHEREAS, the surplus property was partitioned and is identified by address as 13230. SW 1541 Avenue, Tigard, Oregon, and by Tax Lot as 2S105DB06100; and WHEREAS, the surplus property has yet to be sold; and WHEREAS, the surplus property was appraised in 2007 for $700,000, contingent upon the removal of the existing structures located on the site; and WHEREAS, the structures can be removed at an estimated cost of $30,000, ultimately making the appraised value of the surplus property $670,000; and WHEREAS, the City has recently undertaken a survey of potential park and open space sites and has identified this property as a good location for a future park; and WHEREAS, the City has decided to convert the use of the Clute property to a park by paying the Water Capital Improvement Fund with money from the Parks Capital Fund; and WHEREAS, the surplus property was recently annexed into the City of Tigard with the intent of a developing a future park. NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council that: SECTION 1: The City Council authorizes the transfer of $670,000 from the FY '06-'07 Parks Capital Fund to the Water Capital Improvement Project Fund in order to convert the Clute property from a water asset to a park asset. RESOLUTION NO. 07 - Page 1 SECTION 2: This resolution is effective immediately upon passage. PASSED: This day of 2007. Mayor - City of Tigard ATTEST: City Recorder - City of Tigard RESOLUTION NO. 07 - Page 2 CITY OF TIGARD, OREGON TIGARD CITY COUNSIL RESOLUTION NO. 07- A RESOLUTION AUTHORIZING THE. TRANSFER OF $670,000 FROM PARKS CAPITAL FUND TO THE WATER CAPITAL IMPROVEMENT PROJECT FUND IN ORDER TO CONVERT THE CLUTE PROPERTY FROM A WATER ASSET TO A PARK ASSET WHEREAS, in 1997, the City of Tigard purchased the Clute property to provide access to a water capital improvement project known as the Mentor Reservoir; and WHEREAS, upon completion of the Menlor project, portions of the Clute property were unused; and WHEREAS, the Intergovernmental Water Board, following City of Tigard surplus property procedures, declared the unused portion of the original Clute parcel surplus and authorized a partition of the property; and WHEREAS, the surplus property was partitioned and is identified by address as 13230 SW 154th Avenue, Tigard, Oregon, and by Tax Lot as 2S105DB06100; and WHEREAS, the surplus property has yet to be sold; and WHEREAS, the surplus property was appraised in 2007 for $700,000, contingent upon the removal of the existing structures located on the site; and WHEREAS, the structures can be removed at an estimated cost of $30,000, ultimately making the appraised value of the surplus property $670,000; and WHEREAS, the City has undertaken a survey of potential park and open space sites and has identified this property as a good location for a future park; and WHEREAS, this property was recently annexed into the City of Tigard with the intent of developing a future park; and WHEREAS, the City has decided to convert the use of the Clute property to a park by paying the Water Capital Improvement Fund with money from the Parks Capital Fund; and WHEREAS, the City desires to spread this Parks Capital Fund expenditure over a five-year period in order to retain financial flexibility while negotiating other park and open space purchases. RESOLUTION NO. 07 - Page 1 NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council that: SECTION 1: T he City Council authorizes the transfer of $670,000 from the Parks Capital Fund to the Water Capital Improvement Project Fund in order to convert the Clute property from a water asset to a park asset. SECTION 2: This transfer shall take place over a five-year period, beginning in FY '07/'08 and ending in FY'11/'12. Each year $134,000 of the original $670,000 shall be transferred from the Parks Capital Fund to the Water Capital Improvement Project Fund. In addition, interest, computed according to the current Local Government Investment Pool interest rate, shall be computed and paid on the outstanding balance. This interest will be deposited in the Water Capital Improvement Fund. SECTION 3: The Water Capital Improvement Fund will be monitored. Should that fund need to debt finance to fund water capital projects, the City Manager will advise the Council and the Council will act to transfer the outstanding balance immediately to avoid or minimize the additional expenses of debt financing. SECTION 4: This resolution is effective immediately upon passage. ~l PASSED: This day of An -9, 2007. Mayor - City of Tigard ATTEST: City Recorder - City of Tigard RESOLUTION NO. 07 - Page 2 ti AGENDA ITEM No. 5 Date: June 12, 2007 PUBLIC HEARING TESTIMONY SIGN-UP SHEETS Please sign on the following page(s) if you wish to testify before City Council on: Agenda Item No. 5 LEGISLATIVE PUBLIC HEARING - ENTERTAINMENT ORIENTED USE CODE AMENDMENT (DCA2007-00001) TO ALLOW MAJOR EVENT ENTERTAINMENT IN RESIDENTIAL ZONES ON PUBLIC SCHOOL SITES REQUEST: A Development Code Amendment to amend the Residential Zoning Districts Chapter (18.510) and Conditional Use Chapter (18.330) of the Tigard Development Code. The proposed amendment would allow Major Event Entertainment (athletic, cultural or entertainment events) as a conditional use on public school sites within residential zones. LOCATION: Citywide. ZONE: All Residential Zones. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.330, 18.380, 18.390 and 18.510; Comprehensive Plan Policies 1, 2 and 6; The Metro Urban Growth Management Plan Titles 1, 8 and 12; Metro Regional Framework Plan Policies 1.14 and 8.3; and Statewide Planning Goals 1, 2, and 10. Due to Time Constraints City Council May Impose A Time Limit on Testimony iAadmtcathykity wuncillccsignuptph testimony.doc A AGENDA ITEM No. 5 Date: June 12, 2007 PLEASE PRINT Proponent - S eakin In Favor Opponent - (Speaking Against) Neutral Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Agenda Item # 3- Meeting Date June 12, 2007 COUNCIL AGENDA ITEM SUMMARY City Of Tigard, Oregon Issue/Agenda Title Entertainment Oriented Use Code Amendment (DCA2007-00001) to allow Major Event Entertainment in residential zones on public school sites. Prepared By: Cheryl Caines Dept Head Approval: CityMgr Approval: ISSUE BEFORE THE COUNCIL Should the Council approve a Development Code Amendment to amend the Tigard Development Code Chapters 18.510 and 18.330 to allow Major Event Entertainment as a conditional use on public school sites in residential zones? The Broadway Rose Theatre will be applying for a Conditional Use Permit at the C. F. Tigard Elementary site if this amendment is approved. The Broadway Rose is requesting that the ordinance become effective immediately in order to have the opportunity to be open for the fall 2007 season. The Conditional Use Permit must also be considered if the code amendment is approved. Council policy has been not to adopt land use related ordinances through the emergency process. STAFF RECOMMENDATION Staff recommends approving the requested Development Code Amendment as recommended by the Planning Commission. The Planning Commission recommendation does not include the optional language to limit the use to only the Tigard High and C. F. Tigard Elementary sites. KEY FACTS AND INFORMATION SUMMARY To encourage growth of cultural activities, the City Council directed staff to prepare language to amend the Tigard Development Code to allow the Broadway Rose to operate at the C. F. Tigard Elementary School. Major Event Entertainment is the use classification that fits the proposal. These uses are currently only permitted within certain commercial zones as a conditional use. The key concern is maintaining the livability of residential neighborhoods while allowing this more commercial use. The proposed amendment would modify the Conditional Use Chapter (18.330) and the Residential Zoning Districts Chapter (18.510). Proposed additional standards for Major Event Entertainment uses in the Conditional Use chapter include requiring non-school related activities to meet off-street parking requirements, limiting the uses to existing buildings of at least 10,000 square feet and allowing additions up to 50% of the original square footage. No written comments were given, but Staff did receive several phone calls about the amendment during and after the formal comment period. One caller was in favor of the amendment. Others had concerns about how the future approved uses would affect neighborhood livability. It seemed that most of these issues had to do with events already happening on the Tigard High School site such as athletic events and the Fourth of July celebration. Some callers wanted to know how the schools were benefiting by allowing the uses on their sites. Many of these inquiries were beyond the scope of this amendment, but do re-iterate how much activities on school sites can impact neighboring residents. On May 7, 2007 Planning Commission held a public hearing to discuss the merits of the request. Two people spoke in favor of the amendment. Sharon Maroney with the Broadway Rose wanted to answer questions about the agreements between the school district and the potential lessees. The other proponent was a neighbor of Tigard High School who enjoys attending Broadway Rose shows in the summer. One speaker was neither for nor against, but had questions about what the City/school district is getting for the use of public facilities. Some of the Commissioners were concerned about overlapping uses on a particular date that would further impact the neighbors. One commissioner who had worked for the school district stated that the schools prioritize activities. Discussion also included how the required Conditional Use process would allow for further restrictions on the individual uses. A motion to approve the amendment as presented passed 8-0. OTHER ALTERNATIVES CONSIDERED • Limiting the uses to only two sites, Tigard High School and C. F. Tigard Elementary School. CITY COUNCIL GOALS The 2007 City Council Goals are not impacted by this amendment. ATTACHMENT LIST Attachment 1: Ordinance Attachment 2: "Draft" Planning Commission Meeting Minutes May 7, 2007 Attachment 3: Staff Report to the Planning Commission dated April 27, 2007 FISCAL NOTES There is no fiscal impact anticipated for this action. ATTACHMENT 2 CITY OF TIGARD Q PLANNING COMMISSION Meeting Minutes O May 7, 2007 D 1. CALL TO ORDER O President Inman called the meeting to order at 7:03 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 Anderson, Caffall, Doherty, Hasman, Muldoon, Vemiilyea, and Walsh Commissioners Absent: Commissioner Fishel Staff Present: Dick Bewersdorff, Planning Manager; Gary Pagenstecher, Associate Planner, Cheryl Caines, Assistant Planner; Kim McMillan, Development Review Engineer; Jerree Lewis, Planning Commission Secretary 3. PLANNING COMMISSION COMMUNICATIONS AND COMMITTEE REPORTS Commissioner Caffall reported on the Committee for Citizen Involvement. They met with a representative from the Oregonian to discuss how communities like Tigard get information into the Southwest section of the paper. They also discussed the Pacific Islander group. There is an outreach program to other advocate groups. The CC1 would like to incorporate them into the CC[ or at least meet with them on a monthly or quarterly basis. Commissioner Caffall also reported that the Citizen Advisory Committee met to discuss the 99W Corridor. They will send their comments to City Council saying that they are not in favor of expanding 99W into 7lanes. Commissioner Walsh advised that the Tree Board met to review the renewed charge statement that was accepted by Council. Ron Bunch reviewed the framework with the Board and started laying out the Municipal Code and how it would work with the Comprehensive Plan. Staff will return with an outline detailing the process. The Board will meet twice a month for awhile to move the project along. a 4. APPROVE MEETING MINUTES It was moved and seconded to approve the April 16, 2007meeting minutes as submitted. The motion passed by a vote of 6-0. Commissioners Inman and Vermilyea abstained. PLANNING COMMISSION MEETING MINUTES - May 7, 2007 - Page I 5. PUBLIC HEARINGS 5.1 DEVELOPMENT CODE AMENDMENT (DCA) 2007-00001 ENTERTAINMENT-ORIENTED USE CODE AMENDMENT REQUEST: A Development Code Amendment to amend the Residential Zoning Districts Chapter (18.510) and Conditional Use Chapter (18.330) of the Tigard Development Code. The proposed amendment would allow Major Event Entertainment (athletic, cultural or entertainment events, such as Broadway Rose Community Theatre) as a conditional use on public school sites within residential zones. LOCATION: Citywide. ZONE: All Residential Zones. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.330, 18.380, 18.390 and 18.510; Comprehensive Plan Policies 1, 2 and 6; The Metro Urban Growth Management Plan Titles 1, 8 and 12; Metro Regional Framework Plan Policies 1.14 and 8.3; and Statewide Planning Goals 1, 2, and 10. STAFF REPORT Assistant Planner Cheryl Caines provided details of the proposed amendment. The amendment would modify the current code to allow major event entertainment uses in residential zones only on public school sites. Currently, there are 9 public school sites within the City of Tigard. This amendment was brought about by a request from the Broadway Rose Theatre. They would like to use the cafetorium at the C.F. Tigard Elementary School for small-size performances. Caines advised that the amendment would not be limited to Broadway Rose. It would include any use that falls under the Major Event Entertainment classification in the code. Prior to going into any of the school sites, an applicant would have to apply for a Conditional Use Permit which requires a second public hearing that would be heard before the Hearings Officer. Through that process, further restrictions could be placed on the specific use (e.g., limiting the hours of operation). Currently, major entertainment uses are only permitted within certain commercial zones as a Conditional Use. Allowing major entertainment event uses on school sites could create new uses for under-utilized buildings. These uses may have undesirable impacts on surrounding areas. To alleviate some of these possible problems, Caines reviewed new restrictions that staff has proposed in the Conditional Use code section. She also referred to optional code language for the Planning Commission's consideration to permit these uses only at the Tigard High School and C.F. Tigard Elementary School sites. Considering the new restrictions, Caines advised that staff is recommending approval of the code amendment. PLANNING COMMISSION MEETING MINUTES - May 7, 2007 - Page 2 Caines clarified that applicants would have to obtain a standing Conditional Use Permit through the Hearings Officer. The amendment does not restrict school-related uses. If an event is not for the benefit of the school, the applicant would have to obtain a Conditional Use Permit. Issues such as parking and hours of operation would be addressed during this process. Caines advised that major event uses are held in auditoriums, stadiums, convention centers, or race tracks and they provide athletic, cultural, or entertainment events or exhibits for large groups. She noted that event schedules are not monitored by the City. Caines said that applicants have to use existing buildings for events. To allow for flexibility, they will be allowed the option of expanding the existing building by a maximum of 50%. PUBLIC TESTIMONY - IN FAVOR Sharon Marony, 14070 SW Hall Blvd., Tigard, OR 97224, artistic director of the Broadway Rose Theatre Company, testified that they are working with the School District to renovate the C.F. Tigard multi-purpose room. They will be able to seat about 260 people in that particular facility. They will still perform at Deb Fennell Auditorium (a 600 seat facility) in the summer. The school will be able to use the facility Mondays-Thursdays from 7:00 a.m. to 4:00 p.m. Marony advised that the parking lot will be extended around the building and they will add 100 more parking spaces. Sondra Carroll, 11330 SW 97th Court, Tigard, OR 97223, said she is neither for nor against the proposal. With impacts to City facilities and streets, she wonders if any money will come back to the City. She would like to see a return to the City. President Inman said that the School District and the private enterprise will work out those details. It was noted that Broadway Rose will be putting a great deal of capital improvement into the school building and the parking lot. Greg Sorenson, 16260 SW Copper Creek Dr., Tigard, OR 97224, testified that he enjoys Broadway Rose in the summer and believes it adds to the neighborhood and the City. He noted that schools charge for using their facilities. He does not believe that the School District will be taken advantage of in this situation. He speaks very highly in favor of allowing this use. PUBLIC TESTIMONY - IN OPPOSITION None PUBLIC HEARING CLOSED PLANNING COMMISSION MEETING MINUTES - May 7, 2007 - Page 3 The Commissioners discussed possible scheduling conflicts for different events. Commissioner Vermilyea said he doesn't see how that would relate to the land use decision. Commissioner Doherty advised that every school district has a building use policy that governs all groups using a school facility. She noted that school activities get the first nod for building use. President Inman asked the Commissioners how they felt about alternative code language to limit the school site or limit the use. Since applicants have to applyfor a Conditional Use Permit and additional conditions could be placed at that time, Commissioner Walsh believes it is a sufficient element of control. Commissioner Doherty brought up the issue of parking. She noted that it doesn't matter what event is going on at the high school, there are always cars parked on the street all around the school. She understands the concerns about parking, but believes it's one of the things you have to live with when you live close to a high school. She would like to see more enforcement of parking in front of mail boxes and fire hydrants. Commissioner Muldoon asked if other Commissioners saw any need for restrictions in the language. It was recommended to leave the language as is. The Hearings Officer can look at the circumstances and make a decision based on the individual Conditional Use applications. Commissioner Walsh moved that the Planning Commission make a recommendation to amend Chapters 18.510 Residential Zoning Districts and 18.330 Conditional Use of the Tigard Development Code to allow Major Event Entertainment as a conditional use on public school sites within all residential zones, as proposed. Commissioner Vermilyea seconded the motion. The motion passed unanimously. 5.2 SUBDIVISION (SUB) 2006-00011/PLANNED DEVELOPMENT REVIEW (PDR) 2006-00002/SENSITIVE LANDS REVIEW (SLR) 2006-00011 FERN HOLLOW SUBDIVISION REQUEST: The applicant requests approval of a 7-lot Subdivision and Planned Development (PD) on 1.59 acres. The lots are proposed to be developed with detached single-family homes. Lot sizes within the development are proposed to be between 3,496 and 5,964 square feet. Sensitive Lands Review is required for slopes greater than 25%. LOCATION: The project is located south of SW Durham Road at the terminus of SW Copper Creek Drive; WCIM 2S114BA, Tax Lot 15300. ZONING/ COMPREHENSIVE PLAN DESIGNATIONS: R-4.5: Low-Density Residential District. The R-4.5 zoning district is designed to accommodate detached single-family homes with or without accessory residential units at a minimum lot size of 7,500 square feet. Duplexes and attached single- family units are permitted conditionally. Some civic and institutional uses are also permitted conditionally. R-7: Medium-Density Residential District. The R-7 zoning district is designed to accommodate attached single-family homes, detached single-family homes with or without accessory residential units, at a minimum lot size of 5,000 square feet, and PLANNING COMMISSION MEETING MINUTES - May 7, 2007 - Page 4 ATTACHMENT 3 Agenda item: 5.1 Hearing Date: May 7, 2007 Time: 7:00 PM STAFF REPORT TO THE PLANNING COMMISSION FOR THE CITY OF TIGARD, OREGON SECTION I. APPLICATION SUMMARY CASE NAME: CODE AMENDMENT TO ALLOW MAJOR EVENT ENTERTAINMENT USES IN RESIDENTIAL ZONES ON PUBLIC SCHOOL SITES CASE NO.: Development Code Amendment (DCA) DCA2007-00001 PROPOSAL: To amend Chapters 18.510 (Residential Zoning Districts) and 18.330 (Conditional Uses) of the Tigard Development Code to allow Major Event Entertainment as a conditional use on public school sites within all residential zones. APPLICANT: City of Tigard 13125 SW Hall Blvd. Tigard, OR 97223 ZONE: All Residential Zones. LOCATION: Citywide. APPLICABLE REVIEW CRITERIA: Tigard Community Development Code Chapters 18.330, 18.380, 18.390, and 18.510; Tigard Comprehensive Plan Policies 1, 2, and 6; The Metro Urban Growth Management Plan Titles 1, 8, and 12; Metro Regional Framework Plan Policies 1.14 and 8.3; and Statewide Planning Goals 1, 2, and 10. SECTION II. STAFF RECOMMENDATION Staff recommends that the Planning Commission find in favor to amend the Residential Zoning District regulations as proposed, with any alterations as determined through the public hearing process and make a final recommendation to the Tigard City Council. DCA2007-00001 PAGE 1 OF 9 5/7/07 PUBLIC HEARING STAFF REPORT TO PLANNING COMMISSION j SECTION III. BACKGROUND INFORMATION The proposal is to amend the residential zoning districts code to permit Major Event Entertainment uses on public school sites as a Conditional Use. The City Council directed staff to prepare a proposed amendment in response to a request by the Broadway Rose Theatre group to utilize the auditorium building at the C.F. Tigard Elementary School. The Broadway Rose use falls under the land use category Major Event Entertainment. Similar activities that have been previously held at Tigard High School would also be clarified as permitted under this amendment. Currently these types of uses are only permitted within the General Commercial (C-G), Central Business District (CBD), Mixed Use Commercial (MUC), Mixed Use Commercial - 1 (MUC-1) zones as a Conditional Use. There are nine public school sites currently within the Tigard city limits. All are within residential zones. The City's residential zoning districts code does not permit Major Event Entertainment uses. This amendment proposes that the use be allowed in all residential zones, but also gives the option to limit the use to only the Tigard High and C.F. Tigard Elementary sites. The Tigard Comprehensive Plan states that the City shall encourage the use of schools as an integral part of the community. Allowing some entertainment uses on school sites, including those for cultural events, provides opportunities for residents to experience a wide range of activities close to home. In addition, the school district can enter into agreements for these types of uses, to allow the use of existing facilities that may be currently underutilized. ISSUE SUMMARY • This amendment was initiated by City Council upon request by the Broadway Rose Theatre Company. • Theater activities can be cultural experiences and can allow more utilization of school facilities. • Theater activities in residential zones may have undesirable impacts upon the surrounding area. • Imposed conditions of approval for Conditional Uses may or may not reduce these adverse impacts. SECTION IV. SUMMARY OF APPLICABLE CRITERIA 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; Forty-five day advance notice was provided to the Oregon Department of Land Conservation and Development (DLCD) on March 23, 2007, 45 days prior to the first scheduled public hearing as required. In addition, the Tigard Development Code (TCD) and Comprehensive Plan have been acknowledged by DLCD. The following are the applicable Statewide Planning Goals that 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 DCA2007-00001 PAGE 2 OF 9 5/7/07 PUBLIC HEARING STAFF REPORT TO PLANNING COMMISSION 1 Tigard Times Newspaper prior to the public hearing. In addition a notice was mailed to all property owners within 500 feet of all school sites to ensure notice of potential property impacts. 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. Statewide Planning Goal 10 - Housing This goal outlines provisions to insure state housing needs, are met. The Tigard Development Code allows schools within residential zones as a conditional use, which is consistent with the Comprehensive Plan. The Major Event Entertainment uses will only be allowed within existing buildings on school sites. These school sites are not-used for housing. Any applicable Metro regulations; Metro Urban Growth Management Plan Title 1- Requirements for Housing and Employment Accommodation of this section of the Functional Plan facilitates efficient use of land within the Urban Growth Boundary (UGB). Each city and county has determined its capacity for providing housing. and employment that serves as their baseline and if a city or county chooses to reduce capacity in one location, it must transfer that capacity to another location. Cities and counties must report changes in capacity annually to Metro. This amendment allows Major Event Entertainment uses only on public school sites. These sites are not used for residential homes. This text amendment does not reduce the City's housing capacity. Title 8 - Compliance Procedures This title ensures that all cities and counties in the region are fairly and equitably held to the same standards and that the Metro 2040 Growth Concept is implemented.. It sets out compliance procedures and establishes a process for time extensions and exemptions to Metro Code requirements. This title is not applicable. Title 12 - Protection of Residential Neighborhood The purpose of this title is to protect the region's existing residential neighborhoods from air and water pollution, noise and crime, and to provide adequate levels of public services. In particular the title addresses making public schools more accessible to neighborhood residents through walking/biking paths and transient facilities. Adding a major event entertainment use to public school sites will not hinder accessibility from neighboring residences. It could, however, create unanticipated impacts for traffic and congestion at hours that might not be typically associated with school uses. DCA2007-00001 PAGE 3 OF 9 5/7/07 PUBLIC HEARING STAFF REPORT TO PLANNING COMMISSION ~ j Metro Regional Framework Plan Policy 1.14 School and Local Government Plan and Policy Coordination 1.14.1: Coordinate plans among local governments, including cities, counties, special districts and school districts for adequate school facilities for already developed and urbanizing areas. 1.14.2: Consider school facilities to be "public facilities" in the review of city and county comprehensive plans for compliance with the Regional Framework Plan. Policy 8.3 Schools 8.3.8: Encourage local jurisdictions to partner (including funding) with school districts to jointly use school sites for the public good (such as combined libraries, parks, connections with local services such as police, neighborhood centers, senior centers, etc.). These policies have been addressed by the implementation strategies of the Tigard Comprehensive Plan. One of these implementation strategies is to encourage the use of schools as an integral part of the community by making joint agreements with the school districts to allow community uses of school facilities for recreation, open space and meeting rooms. By allowing some entertainment events it could be said that this strategy is being implemented. These uses can operate within existing school facilities that may be underutilized and provide cultural/entertainment opportunities to the Tigard community that may not be available without these joint agreements. Major Event Entertainment uses on school sites will not adversely affect coordination between local governments and the school districts to insure adequate school facilities are being provided. Roy Burling, Chief Financial Officer with the Tigard-Tualatin School District confirmed that the lease agreements for such uses would be short or mid-term in order to accommodate any change in school capacity needs. ♦ Applicable Comprehensive Plan Policies: Comprehensive Plan Policy 1.1.1: General Policies The city shall ensure that: A. This comprehensive plan and all future legislative changes are consistent with the statewide planning goals adopted by the land conservation and development commission, the regional plan adopted by the metropolitan service district; B. Any neighborhood planning organization plans and implementation measures adopted by the City of Tigard after the effective date of this comprehensive plan are designed to be consistent with this plan; and C. The Tigard Comprehensive Plan and Community Development Code are kept current with the needs of the community. In order to do this: 1. This plan shall be reviewed and updated at least every five years. 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. Comprehensive Plan Policy 2.1.1, 2.1.2 and 2.1.3: Citizen Involvement 2.1.1: The city shall maintain an ongoing citizen involvement program and shall assure that citizens will be provided an opportunity to be involved in all phases of the planning process. DCA2007-00001 PAGE 4 OF 9 5/7/07 PUBLIC HEARING STAFF REPORT TO PLANNING COMMISSION 1 ! 2.1.2: The opportunities for citizen involvement provided by the city shall be appropriate to the scale of the planning effort and shall involve a broad cross-section of the community: The citizen involvement teams shall be the primary means for carrying out the program; 2.1.3: The city shall ensure that information on land use planning issues . is available in an understandable form for all interested citizens. This policy is satisfied because notice of the proposed amendment was mailed to all property owners within 500 feet of all public schools within the city ]units of Tigard. In addition, notice of the public hearing was published in the Tigard Times and notice will be published again prior to the City Council public hearing. Public input has been invited in the notice. Comprehensive Policy 6.6.1: Housing 6.6.1: The city shall require: A. Buffering between different types of land uses (for example between single family residential and multiple family residential, and residential and commercial uses, and residential and industrial uses) and the foll owing factors shall be considered in determining the type and extent of the required buffer: 1. The purpose of the buffer, for example to decrease noise levels, absorb air pollution, filter dust or to provide a visual barrier; 2. The size of the buffer needed in terms of width and height to achieve the: purpose; 3. The direction(s) from which buffering is needed; 4. The required density of the buffering; and 5. Whether the viewer is stationary or mobile. Vol. Ii, policy 6-5 B. On-site screening of such things as service areas and facilities, storage areas and parking lots, and the following factors, shall be considered in determining the type and extent of the screening: 1. What needs to be screened; 2. The direction from which it is needed; 3. How dense the screen needs to be; and 4. Whether the viewer is stationary or mobile. 5. Whether the screening needs to be year round. Policy 6.6.1 requires buffering between different types of land uses. The Tigard Development Code does not require a buffer between schools and residential homes, -but buffers are required between residential and commercial uses. Major Event Entertainment is listed under commercial uses in the TDC. These required buffers range from a 20-foot landscape buffer with a 6-foot evergreen hedge to a 10-foot landscape buffer with a 6-foot solid wall. In addition, Major Event Entertainment uses can only be located on sites of at least two acres and setbacks are increased to provide an additional buffer for surrounding properties. These setbacks are as follows: Front 30 feet Corner Street 25 feet Side 25 feet Rear 30 feet Setbacks are increased five feet for every 10 feet. of building height over 45 feet. DCA2007-00001 PAGE 5 OF 9 5/7/07 PUBLIC HEARING STAFF REPORT TO PLANNING COMMISSION i ~ ♦ Any applicable provision of the City's implementing ordinances. Code Section 18.330 Conditional Use: This section of the code provides standards and procedures under which a conditional use may be permitted, enlarged or altered. The amendment outlines additional standards for Major Event Entertainment uses on public school sites. Because schools are generally located within or near residential zoning districts, additional requirements have been introduced to restrict the size of buildings for these uses on school sites. The new code language proposes that the uses only be allowed within existing buildings of at least 10,000 square feet. Additions are limited to only 50% of the original square footage size. The Conditional Use process allows for public input regarding the compatibility of the proposed use and potential conditions of approval. Code Section 18.380 Zoning Map and Text Amendments: This section regulates amendments. It outlines the process for reviewing Development Code Text Amendments. The present amendment will be reviewed under the Type IV legislative procedure as set forth in the chapter. This procedure requires public hearings by both the Planning Commission and City Council. Code Section 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 N legislative procedure as detailed in the chapter. Code Section 18.510 Residential Zoning Districts: This chapter establishes procedures and criteria for development within residential zoning districts. The purposes of these regulations are: 1. Preserve neighborhood livability. One of the major purposes of the . regulations governing development in residential zoning districts is to protect the livability of existing and future residential neighborhoods, by encouraging primarily residential development with compatible non-residential development schools, churches, parks and recreation facilities, day care centers, neighborhood commercial uses and other services at appropriate locations and at an appropriate scale; and 2. Encourage construction of affordable housing. Another purpose of these regulations is to create the environment in which construction of a full range of owner-occupied and rental housing at affordable prices is encouraged. This can be accomplished by providing residential zoning districts of varying densities and developing flexible design and development standards to encourage innovation and reduce housing costs. The proposed amendment includes provisions to protect the residences surrounding the school sites by requiring that the buildings meet setbacks which are much wider than those typically met in residential zones. The minimum setbacks for buildings with an entertainment use are either 25 or 30 feet. The use is also restricted to only existing buildings of at least 10,000 square feet. Expansions are limited to 50% of the original square footage. In addition, the TDC requires landscape buffering between the entertainment uses and residential uses. In contrast, Major Event Entertainment uses are presently only permitted as a conditional use within commercial zones that allow a wide range of commercial uses. Many of these uses serve not only Tigard, but the communities beyond and typically have higher traffic volumes. It seems reasonable that because Major Event Entertainment uses may attract a large number of visitors and there may be noise, or traffic associated with these uses. These uses are typically limited to the more dense commercial areas to accommodate these factors. Staff can see the benefits of allowing certain types of community-oriented or cultural activities within residential zones, but is also concerned that these uses may have an adverse impact on livability. DCA2007-00001 PAGE 6 OF 9 5/7/07 PUBLIC HEARING STAFF REPORT TO PLANNING COMMISSION DCA2007700001 ENTERTAINMENT - ORIENTED USE CODE AMENDMENT April 2007 Explanation of Formatting These text amendments employ the following formatting: [Bold, Underline and Italic] - Text to be added Proposed code language is as follows: TABLE 18.510.1 USE TABLE USE CATEGORY R-1 R-2 R-3.5 R-4.5 R-7 R-12 R-25 R-40 Schools C13 C13 C13 C13 C13 C13 C13 C13 13Permitted as a conditional use on public school sites. CHAPTER 18.330 CONDITIONAL USE 13. Major Event Entertainment: a. The minimum lot size shall be two acres; b. Setbacks: (1) The front yard setback shall be a minimum of 30 feet; (2) On corner lots and through lots, the setback shall be a minimum of 25 feet on any side facing a street, plus meets visual clearance areas, Chapter 18.795; (3) The side yard setback shall be a minimum of 25 feet; (4) The rear yard setback shall be a minimum of 30 feet; and (5) Each setback shall be increased five feet for every 10 feet of building height over 45 feet. c. With regard to off-street parking: Exempt, if constructed with a school use for school activities flply. Otherwise, requirements shall comply with Section 18.765; d On school sites the use must be entirely within existing buildings of 10,000 square feet or greater. Expansions based on the original square footage, up to a maximum of50% may be allowed. Optional code language: e. These uses are only permitted at the Tigard High School and the C.F. Tigard Elementarx School sites. DCA2007-00001 PAGE 7 OF 9 5/7/07 PUBLIC HEARING STAFF REPORT TO PLANNING COMMISSION SECTION V. STAFF ANALYSIS Restrictions on usage within the residential zones are an important aspect of ensuring neighborhood quality is preserved. Although the primary use in such zones is residential, certain compatible non-residential uses are allowed. The City needs to balance these types of uses, and may do so through restrictions on placement, size, screening and buffering of the non-residential development. s Restrictions, such as limiting hours, time, place and/or manner of operation, increased setbacks, and limits on building location can be placed on specific entertainment uses through the Conditional Use process. In addition with this code amendment, the entertainment use would only be allowed within existing buildings of 10,000 square feet or more. Additions up to 50% of the building's original square footage may be permitted. Any specific entertainment use must be approved through a Type III Conditional Use process that includes a public hearing. Additions or other site changes would require either a minor or major modification to the approved conditional use depending on the specific changes proposed. The potential negative impacts of allowing these types of events include noise from the events and traffic to and from the site. Noise impacts can be lessened by only permitting these uses within enclosed buildings. Traffic congestion within residential areas can be limited by only allowing specific access points to be utilized for events. Although limiting the access allows some . control, the traffic to and from the site cannot be eliminated. The Community Development Code lists additional conditions of approval that can be imposed by the hearing body when specific uses are approved. The hearing body can take into consideration the details of the proposed use and the surrounding neighborhoods and appropriately restrict the development. Phone calls were received from neighbors of a few school sites. One caller was in favor . of the code amendment. Two others had questions about the proposal. Does this proposal mean there will be lights installed on the athletic fields so games can be played later at night? Is the school benefiting somehow by allowing these types of uses? If not, then the caller is opposed to the code amendment. The proposed code amendment does not address specifics such as lights for athletic fields. It is only to allow Major Event Entertainment uses on public school sites as a Conditional Use. As for the benefits to the school district, the Development Code cannot regulate agreements between private parties. A fourth phone call was received from a neighbor of the Tigard High School who is apprehensive about the allowance of such entertainment uses within a residential neighborhood and fears that the livability will be adversely affected. He understands that school activities will happen during the week and on some weekends, but also enjoys the fact that there is typically no activity on weekends. This sort of issue is why staff has concern whether such an intense use should be allowed within residential zones. The Planning Commission and Council will determine whether the proposed amendment strikes the proper balance between residential and non-residential uses or if the proposed amendment should be further modified or even denied. DCA2007-00001 PAGE 8 OF 9 5/7/07 PUBLIC HEARING STAFF REPORT TO PLANNING COW MISSION SECTION VI. OTHER ALTERNATIVES No Action - The code would remain unchanged, and Major Event Entertainment would continue to be prohibited in residential zones. Expanded Action - Allow Major Event Entertainment on public school sites within residential zones with no additional restrictions. Only the existing additional standards found in TDC 18.330.050.B.13 would apply. Alternate Actions - Further restrict the maximum building size or allow enclosed buildings only. Allow only certain types of events like Community Theatre. SECTION VII. ADDITIONAL CITY STAFF & OUTSIDE AGENCY COMMENTS The City of Tigard Police Department, Building Division, Long Range Planning Division and the Current Planning Code Enforcement Officer were given copies of the proposed code amendment. Only Code Enforcement responded and the comments have been considered. The City of Tigard Engineering Department, Tualatin Valley Fire and Rescue, Clean Water Services (CWS), and the Oregon Department of Land Conservation and Development (DLCD) were notified of the proposed amendment. Stacey Humphrey with DLCD called to ask a few questions about the proposed language. Because the use is proposed within residential zones, she recommended placing limits on the hours of operation. Hours of operation can be imposed as a condition of approval through the Conditional Use Process (TDC 18.330.030.B). April 27, 2007 . PREPARED BY: Cheryl Caines DATE Assistant Planner - . A12ri127, 2007 APPROVED BY: Dick Bewersd DATE Planning Manager DCA2007-00001 PAGE 9 OF 9 5/7/07 PUBLIC HEARING STAFF REPORT TO PLANNING COMMISSION • ~ ~ ~ - ~ Public - School , • , Location d ~ ~ i o agar Oregon 1 r School School Property Major Street - D Street 1 ® Railroad I City of Tigard : , -Y' Alp n..0. Yavier wil LS m.b. wAerimim r • ;i. I _r T ! i~ o ai 0.2 o.a 0.8 } i. . ~...rn I f f . r I I : _ , Agenda Item # Meeting Date COUNCIL AGENDA ITEM SUMMARY City Of Tigard, Oregon Issue/Agenda Title ZCA2007-00002 Goodlett Annexation Prepared By: Emily Eng Dept Head Approval: C City Mgr Approval: 11 ISSUE BEFORE THE COUNCIL Shall City Council approve annexation of 1.74 acres of land (Zone Change Annexation - ZCA2007-00002) on the south side of SW Bull Mountain Road, just west of the Thomwood subdivision near SW 128`'' Avenue? The proposed territory is contiguous to Tigard's City limits and can be served by urban services. STAFF RECOMMENDATION Staff recommends adopting the proposed ordinance annexing the subject territory to the City of Tigard. KEY FACTS AND INFORMATION SUMMARY The 1.64-acre subject property is located on the south side of SW Bull Mountain Road, adjacent to the east side of the Thornwood subdivision near SW 128th Avenue. The property is mostly flat, sloping up about 8% before it flattens and then sloping down about 9%. There are no Significant Habitat Areas on the subject property per the City's adopted map. The existing house was built in 1952. Goodlett Marshall Building and Development Company purchased the property in January 2007. Mike Goodlett, owner of the company, initiated the annexation request. There are no registered voters on the property. The City invited the owner of the one adjoining property to join the annexation, but did not receive a response. The applicant requests approval of annexation of one parcel (1.64 acres) and right-of-way on SW Bull Mountain Road containing a total of 1.74 acres to the City of Tigard. Staff found all right-of-way on the portion of SW Bull Mountain Road adjacent to the subject property to be already within the City limits. While annexing the right-of-way is not necessary and the applicant has provided a legal description and map that overdescribes the proposed annexation area, Washington County has indicated an overdescription is acceptable. The owner plans to divide the parcel into 10 lots for single-family homes. If the annexation is approved, the owner would be required to apply for land use approval for the proposed subdivision. The subdivision would be required to extend the existing street connection (SW Winterview Drive) in the neighboring Thornwood subdivision to the west. Key findings: 1. The proposed territory is contiguous to Tigard's City limits; 2. Urban services are available to serve the proposed territory; 3. The sole owner of land in the proposed territory has consented to the annexation; 4. The proposed territory is within Tigard's Urban Growth Boundary and Metro's Urban Growth Boundary; and 5. The proposed territory is within Tigard's Urban Service Area and Area of Interest. OTHER ALTERNATIVES CONSIDERED Adopting findings to deny the annexation. CITY COUNCIL GOALS Growth and Growth Management, Goal #2: Urban services will be provided to all citizens within Tigard's urban growth boundary. ATTACHMENT LIST Attachment 1: Proposed Ordinance Exhibit A: Legal Description Exhibit B: Tax Map Exhibit C: Applicant's Petition to Annex Exhibit D: Staff Report FISCAL NOTES If approved, the proposed annexation territory would be transferred to the City's tax roll on July 1, 2008. Annexations must be final by March 31 of the same calendar year for the tax year beginning July 1. \\tig20Vnetpub\tig2O\ n oot\fo"sVom docs\council agenda item summary sheet 07.doc t AGENDA ITEM No. 6 Date: June 12, 2007 PUBLIC HEARING TESTIMONY SIGN-UP SHEETS Please sign on the following page(s) if you wish to testify before City Council on: QUASI JUDICIAL PUBLIC HEARING - GOODLETT ANNEXATION (ZCA 2007-00002) PROPOSAL: T he applicant requests approval of annexation of one parcel (1.64 acres) and right-of-way on SW Bull Mountain Road containing a total of 1.74 acres to the City of Tigard. Property owner Goodlett Marshall Building and Development (Mike Goodlett) requests annexation of one parcel, with plans to divide it into 10 lots. One adjacent property was invited to join the annexation, but did not accept the invitation. The sole owner of the subject parcel has consented to the annexation. Note: All right-of-way on the portion of SW Bull Mountain Road adjacent to the subject property is already within City limits. While annexing the right-of-way is not necessary and the applicant has provided a legal description and map that over-describes the proposed annexation area, Washington County has indicated that an over-description is acceptable. LOCATION: 12300 SW Bull Mountain Road (South side of SW Bull Mountain Road, adjacent to east side of the Thornwood subdivision, east of SW 125th Avenue); WCTM 2S110BC, Tax Lot 1201. Due to Time Constraints City Council May Impose A Time Limit on Testimony i:tadmtcathyktity counciltccsignuptph testimony - 070612 - goodlett annexation.doe r AGENDA ITEM No. 6 Date: June 12, 2007 PLEASE PRINT Proponent - (Speaking In Favor Opponent - (Speaking Against) Neutral Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Skc-'~-x a 70-A wLT-~ a.t iS MCtrle~a~~L.~ 12-035 51L-• A')WA- T; ~2~pc~Sc~- tvC,r Oft 9722 9 ~ZSSS Sw tio.~~g~~ • Sow ~~9-3y53 5C)3- Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Ti Yn 5-0 Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. ,(tn G e~~ Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. aoo1I- ~~oaa ✓ a-VI Paul Whitney 12035 S. W. Bull Mtn. Rd. Tigard, OR 97224 uy , I have lived on Bull Mtn. since 1980 and have a lot similar in size to the proposed development. At one-time I was an elected official on the Tigard Water Board with Bob Santee and Clarence Nicoli. At the time I advocated for radical things such as 1% of the cost of the new Water District Building for art in front of the building - to no avail. I still advocate for a beautiful Tigard and Bull Mountain. I testified for the Aspen Ridge Subdivision across the street from us and was delighted that the OTAK planners listened and developed an interesting fence and planting scheme along the road. Several of us asked for a similar treatment for the small development to the west of our lot but didn't get'it ancl-nowlt's a areerly mess: TtsdIlzor'wo'hings° 1. Aplanting plan and implementation to be consistent with the Aspen Ridge Development. 2. A safe level of service and a safe line of sight between my drive and the ridge to the west. Right now I have an average of 5 seconds to make a decision whether or not to enter. My waiting time is highly variable but the average is just over 40 seconds. I would like to have a traffic study to officially evaluate my line of sight and further quantify my level of service and to determine that these two aspects of traffic meet City Code. I don't think my situation meets code and the addition of just a few more cars will worsen the situation. The traffic situation on Bull Mtn. is similar to death by a thousand cuts. Each little development does not add. that much but collectivelythere has to be a limit to what this'old County Road can handle. I would like to know the limit and how close we are to the limit. To summarize, I ask you to require the developer to prepare and implement a planting plan, determine that the additional traffic meets Code for my particular situation and determine how close we are to exceeding Code standards for traffic. If the City's answer is - we don't care how long it takes you to getout of your drive way - I want to know that too. Agenda Item # Meeting Date June 12, 2007 COUNCIL AGENDA ITEM SUMMARY City Of Tigard, Oregon Issue/Agenda Tide A RESOLUTION CERTIFYING THAT THE CITY OF TIGARD PROVIDES SERVICES QUALIFYING FOR STATE SHARED REVENUES Prepared By: Robert Sesnon Dept Head Approval: ~N S City Mgr Approval: ISSUE BEFORE THE COUNCIL Shall the City Council approve a resolution certifying that the City of Tigard provides certain services making the City eligible to receive state shared revenues? STAFF RECOMMENDATION Staff recommends approval of the attached resolution. KEY FACTS AND INFORMATION SUMMARY The City has estimated the receipt of the following state shared revenues: FY 2007-08 FY 2006-07 Cigarette Tax $80,000 $75,000 Liquor Tax $500,000 $451,360 State Gas Tax $2,253,000 $2,208,000 The State of Oregon requires the City to certify its eligibility to receive these revenues by stating that it provides more than four of the services listed in ORS 221.760. The City does provide a sufficient number of required services and is therefore eligible for receiving the state shared revenues. The services the City provides include police services; street construction, maintenance, and lighting; sanitary sewer and storm water management; planning, zoning, and subdivision control; and water utility. Approval of the attached resolution will meet the State of Oregon requirement of certification. OTHER ALTERNATIVES CONSIDERED Not accept the revenues from the State of Oregon. CITY COUNCIL GOALS Acceptance of these revenues will assist in the funding of City goals and strategies. ATTACHMENT LIST Certifying Resolution. FISCAL NOTES Approval of the resolution would secure an estimated $2,833,000 in revenue for the City. \Uig20Vnetpub\tlg20xw rootkformstfonn docslcouncil agenda item summary sheet 07.doc AGENDA ITEM No. 7 Date: June 12, 2007 PUBLIC HEARING TESTIMONY SIGN-UP SHEETS Please sign on the following page(s) if you wish to testify before City Council on: CONSIDER A RESOLUTION CERTIFYING THE CITY PROVIDES SERVICES QUALIFYING FOR STATE SHARE REVENUES 1 Due to Time Constraints City Council May Impose A Time Limit on Testimony i:tadmtcathyMlty counahwsignuptph testimony - 070612 - state shamd revenues.doc AGENDA ITEM No. 7 Date: June 12, 2007 PLEASE PRINT Proponent - S eakin In Favor Opponent - (Speaking Against) Neutral Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. I Agenda Item # Meeting Date June 12, 2007 COUNCIL AGENDA ITEM SUMMARY City Of Tigard, Oregon Issue/Agenda Title A RESOLUTION DECLARING THE CITY'S ELECTION TO RECEIVE STATE REVENUES. Prepared By: Robert Sesnon Dept Head Approval: XiW City Mgr Approval: ISSUE BEFORE THE COUNCIL Shall the City Council approve a resolution declaring the City's election to receive state revenue sharing funds? STAFF RECOMMENDATION Staff recommends the approval of the attached resolution. KEY FACTS AND INFORMATION SUMMARY The City has estimated the receipt of $372,625 of state revenue sharing funds in the FY 2007-08 budget. Such funds are available from the state for those cities that meet certain requirements. The major requirement is that a City must have levied property taxes in the previous year. The requirements also include having a public hearing before the Budget Committee and a public hearing before the City Council. The hearing before the Budget Committee was held on May 14, 2007. Approval of the attached resolution will meet the state requirements for the City's election to receive these funds. OTHER ALTERNATIVES CONSIDERED Not accept the revenues from the State of Oregon. CITY COUNCIL GOALS Acceptance of this revenue will assist in the funding of City goals and strategies. ATTACHMENT LIST Resolution declaring City election to receive state revenue sharing funds. FISCAL NOTES Approval of this resolution would secure $372,625 of revenue for the General Fund. \\tig20Unetpub\tig2D\w roolVormsVo" doca\council agenda item summary sheet 07.doc AGENDA ITEM No. 8 Date: June 12, 2007 PUBLIC HEARING TESTIMONY SIGN-UP SHEETS Please sign on the following page(s) if you wish to testify before City Council on: CONSIDER A RESOLUTION DECLARING THE CITY'S ELECTION TO RECEIVE STATE SHARED REVENUES Due to Time Constraints City Council May Impose A Time Limit on Testimony i:tadm\cathytcity councii%wsi0nuptph testimony - 070612 - state shared revenues.doc , AGENDA ITEM No. 8 Date: June 12, 2007 PLEASE PRINT Proponent - (Speaking In Favor Opponent - (Speaking Against) Neutral Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. U w 9 5 S Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Agenda Item # Meeting Date June 12.2007 COUNCIL AGENDA ITEM SUMMARY City Of Tigard, Oregon Issue/Agenda Title Adoption of 2007-012 Community Investment Plan Prepared By: Tom Coffee Dept Head Approval: City Mgr Approval: ISSUE BEFORE THE COUNCIL Adoption of the 2007-012 Community Investment Plan. STAFF RECOMMENDATION Adopt the 2007-012 Community Investment Plan with the Amended Street CIP for 2007-08 as recommended by the Budget Committee. KEY FACTS AND INFORMATION SUMMARY The 2007-012 Community Investment Plan (CIP) is a 5 year planning document for the City's capital construction projects. The Budget Committee recommended adoption of the CIP with amendment of the Street Fund Projects as proposed by staff in an Alternative Street CIP Budget presented to the Committee on May 12, 2007 (Attachment 1). Adoption of that Budget combined with savings realized from the Burnham and Wall/Hall projects will allow for the construction of the street projects shown in the Amended Street CIP for 2007-08. (Attachment 2). OTHER ALTERNATIVES CONSIDERED Other street projects could be included given different priorities. CITY COUNCIL GOALS Aggressively pursue funding to correct traffic congestion within the City. ATTACHMENT LIST Attachment 1: Alternative Street Budget. Attachment 2: Amended Street CIP for 2007-08. Attachment 3: Final draft of 2007-12 CIP (Previously Distributed). FISCAL NOTES The 2007-08 CIP is funded in the 2007-08 City Budget. WIp20Ynetpub g20\wwwrootVoimsVam doWcouncD agenda Item summary sheet 07.doc Attachment 1 STREET CIP CASH FLOW ANALYSIS Assumptions: Resources (doesn't include grants) Proposed Alternative Budget FY Total Budget FY Alternative Total 2007-08 FY 2008-09 Expenditure 2007-08 FY 2008-09 Expenditure Gas Tax Expenditures 72nd Ave/Dartmouth Intersection Signalization $250,000 $1,350,000 $1,600,000 $0 $0 $0 121st St Improvements (Walnut to North Dakota) 0 300,000 300,000 0 0 0 92nd Ave Sidewalk (Durham Rd to Cook Park) 0 450,000 450,000 0 0 0 Commercial St Improvements (non-grant portion) 608,700 0 608,700 0 0 0 Hall Blvd Sidewalk (Spruce St to 805' South) 75,000 0 75,000 0 0 0 Main St Safety Improvements 25,000 0 25,000 0 0 0 Ash Ave Extension (Burnham to RR Tracks) 300,000 400,000 700,000 0 0 0 Ash Ave Extension (Fanno Creek to Scoffins) 0 300,000 300,000 0 0 0 Commercial St (Main to Hall) 0 600,000 600,000 0 0 0 Main St Traffic Light (at Tigard St) 0 160,000 160,000 0 0 0 Main St South at Hwy 99W Gateway 0 225,000 225,000 0 0 0 PMMP 150,000 150,000 300,000 150,000 150,000 300,000 121st Ave Crosswalk Improvements 200,000 0 200,000 200,000 0 200,000 Hall Blvd & Tigard St Crosswalks 100,000 0 100,000 0 0 0 Pedestrian/Bicycle Paths 140,000 140,000 280,000 0 0 0 Upper Boones Ferry Rd Traffic Signal 20,000 0 20,000 20,000 0 20,000 Collector & Arterial ROW Enhancements 35,000 35,000 70,000 0 0 Burnham St Improvements 357,500 2,087,500 2,445,000 357,500 2,087,500 2,445,000 Loans to CCDA Burnham St Improvements 267,500 0 267,500 267,500 0 267,500 Main St Green Street Retrofit 95,000 0 95,000 95,000 411,667 506,667 Hall @ Hwy 99W Gateway 75,000 0 75,000 0 0 0 Total Expenditures $2,698,700 $6,197,500 $8,896,200 $1,090,000 $2,649,167 $3,739,167 Resource 2,718,078 634,108 3,332,808 2,718,078 2,242,808 3,332,808 Difference $19,378 ($5,563,392) ($5,563,392) $1,628,078 ($406,359) ($406,359) STREET CIP CASH FLOW ANALYSIS Assumptions: Resources (doesn't include grants) Proposed Alternative Budget FY Total Budget FY Alternative Total 2007-08 FY 2008-09 Expenditure 2007-08 FY 2008-09 Expenditure TIF Expenditure Hall/Wall Expenditure $1,200,000 $0 $1,200,000 $1,200,000 $0 $1,200,000 Durham Rd/108th Ave Signalization 200,000 0 200,000 0 0 0 Traffic Feasibility Study at Tigard & Tiedeman 10,000 0 10,000 0 0 0 Burnham St Improvements 357,500 2,087,500 2,445,000 357,500 2,087,500 2,445,000 McDonald St Traffic Median 40,000 0 40,000 0 0 0 Hall Blvd Half-Street (Fanno Creek to 450' N) 160,000 0 160,000 0 0 0 Green burg/Tiedeman/N Dakota/Tigard 0 200,000 200,000 0 0 0 Hall Blvd (@ McDonald St) Right-Turn Lane 0 100,000 100,000 0 0 0 Scoffins/Hall/Hunziker Re-alignment 0 300,000 300,000 0 0 0 Walnut St Improvements (116th to Tiedeman) 0 1,000,000 1,000,000 0 0 0 Loans to CCDA Burnham St Improvements 267,500 0 267,500 267,500 267,500 Total Expenditures 2,235,000 3,687,500 5,922,500 1,825,000 2,087,500 3,912,500 Resource 3,930,959 2,308,639 $4,543,639 3,930,959 2,718,639 $4,543,639 Difference -7$1,695,959 ($1,378,861) ($1,378,861) $2,105,959 $631,139 $631,139 Underground Utility Expenditure Burnham St Improvements $300,000 0 $300,000 $300,000 0 $300,000 Walnut St Improvements (116th to Tiedeman) $0 150,000 150,000 $0 0 0 Total Expenditures $300,000 $150,000 $450,000 $300,000 $0 $300,000 Resource 416,565 166,493 $466,493 416,565 166,493 $466,493 Difference $116,565 $16,493 $16,493 $116,565 $166,493 $166,493 Attachment 2 Amended Street CIP for 2007-08 Gas Tax TIE Main Street Safety Improvements $251000 PMMP $150,000 121 s` Ave. Crosswalk Improvements $200,000 Upper Boones Ferry Traffic Signal $20,000 Burnham Street $357,500 $357,500 Burnham CCDA Loan $267,500 $267,500 Main Street/Green Street CCDA Loan $95,000 Hall/Wall Street Extension $1,127,686 Durham Road/ 108`i' Signal $200,000 McDonald Median $40,000 Hall Blvd Half Street/Fanno Creek $50,000 Hall/McDonald Right Turn Lane $50,000 Total $11115,000 $21092,686 AGENDA ITEM No. 9 Date: June 12, 2007 PUBLIC HEARING TESTIMONY SIGN-UP SHEETS Please sign on the following page(s) if you wish to testify before City Council on: ADOPT COMMUNITY INVESTMENT PLAN FOR 2007-2012 Due to Time Constraints City Council May Impose A Time Limit on Testimony i:tedmtcathy\c ty councihccsignuptph testimony • 070612 • state shared revenues.doc AGENDA ITEM No. 9 Date: June 12, 2007 PLEASE PRINT Pro onent - S eakin In Favor Opponent - (Speaking Against) Neutral Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Agenda Item # Meeting Date June 12, 2007 COUNCIL AGENDA ITEM SUMMARY City Of Tigard, Oregon Issue/Agenda Tide Consider a Resolution Adopting the Citywide Master Fees and Charges Schedule. Which Replaces Resolution No. 06-36 and All Subsequent Amendments to Date. Prepared By: Robert H Sesnon Dept Head Approval: City Mgr Approval: ISSUE BEFORE THE COUNCIL Should the City Council approve a resolution to adopt the Master Fees and Charges Schedule? STAFF RECOMMENDATION Staff recommends that Council adopt the resolution. KEY FACTS AND INFORMATION SUMMARY Tigard Municipal Code (FMC) 3.32.050 requires that the City Council review fees and charges annually. The Master Fees and Charges Schedule contains all citywide fees and charges and is updated annually in June. The purpose of the Schedule is to streamline the review process, have one document containing all fees and charges, and minitnize the number of resolutions and ordinances relating to fees and charges. Staff has reviewed the Schedule and is proposing a few new fees and changes to specific, existing fees. There are various reasons for the proposed changes. Several of the fees are either adjusted annually by previously approved formulas or are set by other agencies. Other fees are no longer adequately recovering the City's cost of providing the service. Finally, some fees are related to services that the City is providing or plans to provide because of new technology, but a fee has not been set to recover the costs related to these services. Below is a sumrnary of tine proposed fee changes, additions, or deletions. Citywide Section: • Faxes for Public - not recovering costs. • Microfiche copies - new fee and service already being provided, not recovering costs. • Photocopies and microfilm copies for 17 x 24 and 36 x 36 - new fee and service already being provided, not recovering costs. Connmunity Development Section: • Building Fees - adjusted to reflect changes in state building valuation tables. Council will have a full discussion on this topic on June 26, 2007. • Address Change - needs to be same as the new address assignment fee. • Investigation Fee - existing fee and service already being provided, had been omitted from Schedule • Planning Fees - updated annually using the Construction Cost Index (CCI) for Seattle that is published in the April Engineering News Review (ENR) issues; the.April 1, 2007 ENR issue listed the CCI for Seattle as 2.1%. • Building Plan Copies - new fee and service already being provided, not recovering costs. • GIS Map Copies ( 8.5 x 11) - need to be same as other 8.5 x 11 copy fees. Financial & Information Services Section: • Budget Document (paper and CD) Fee - new fee and service already being provided, not recovering costs • Passport Photographs Fee - new service and fee, need to recover costs. • Right-of-Way Usage Fee - approved by Council in August 2006, need to add to Schedule Library Section: • Collection Agency Fee - set by Washington County Cooperative Library Services. • Headphones - not recovering costs • Replacement Library Card Fee - set by Washington County Cooperative Library Services. Police Section: • Vehicle Release Fee - not recovering costs. Public Works - Utilities Section: • Surface Water Management Fee - add a $1.00/month City surcharge to the $4.00/month fee set by Clean Water Services. This was recommended by the City's Budget Committee. The additional revenue will allow the City to continue to operate its Stormwater Division and construct capital projects. System Development Charge Section: • Traffic Impact Fee - set by Washington County. The proposed new fees are bolded and the current fees are struck through in Exhibit A of the resolution. Only those fees listed above will be adjusted; all other fees listed in Exhibit A will remain as is. It should be noted that there are several fees within the Fees and Charges Schedule that are set by Clean Water Services. Although it is likely that CWS will adjust its fees, its Board will not be approving those adjustments until sometime in June. Therefore, CWS rate adjustments are not included in the Fees and Charges Schedule. However, when the new CWS rates are known, the Schedule will be updated to reflect those new rates. OTHER ALTERNATIVES CONSIDERED Increase only those fees that are set by other agencies or are increased annually using an already approved formula. CITY COUNCIL GOALS Not Applicable. ATTACHMENT LIST Resolution and Exhibit A, the Master Fee and Charges Schedule with proposed changes. Memo from Laurie Garrison to Alan Orr regarding Vehicle Release Fee. FISCAL NOTES There are no additional costs attached to these changes. The annually adjusted fee increases, such as Land Use fees, Traffic Impact, and Park System Development Charges, are reflected in the FY 2007-08 Adopted Budget, all other increases and new fees are not reflected. Agenda Item # Meeting Date June 12, 2007 COUNCIL AGENDA ITEM SUMMARY City Of Tigard, Oregon Issue/Agenda Title A RESOLUTION OF THE CITY OF TIGARD ADOPTING THE BUDGE1 MAKING APPROPRIATIONS DECLARING THE VALOREM TAX LEVY AND CLASSIFYING THE LEVY AS PROVIDED BY ORS 310.060(2 FOR FISCAL YEAR 2007-08. Prepared By: Robert Sesnon Dept Head Approval: AP City Mgr Approval: ISSUE BEFORE THE COUNCIL Oregon Local Budget Law requires that a budget for the following fiscal year be adopted by the City Council prior to July 1, after approval by the Budget Committee and after a public hearing has been held before the City Council. STAFF RECOMMENDATION Staff recommends adoption of the FY 2007-08 Budget. KEY FACTS AND INFORMATION SUMMARY The Tigard Budget Committee (comprised of the City Council and five citizens) held three meetings on the City Manager's Proposed FY 2007-08 Budget in April and May 2007. On May 14, the Budget Committee approved the Proposed Budget and forwarded the Budget to the City Council for adoption. . For FY 2007-08, the City Gas Tax Fund is being established to account for revenues and expenditures related to the local gas tax approved by Council during the 2006-07 fiscal year. Oregon Local Budget Law gives the governing body of the jurisdiction authority to make certain changes in the Approved Budget prior to adoption. The City Council may adjust resources or expenditures up or down as long as the increase in a fund does not exceed 10% of the fund total. No adjustments to the Approved Budget have been proposed. The total FY 2007-08 City of Tigard Budget will be $85,456,997. OTHER ALTERNATIVES CONSIDERED Since no amendments have been proposed, no other alternatives are being considered. By Oregon law, the FY 2007-08 Budget must be adopted by the City Council prior to July 1, 2007. CITY COUNCIL GOALS The overall Approved Budget includes funding to accomplish the Council Goals. Specifically, the budget includes $65,000 for the revision of the City of Tigard Comprehensive Plan, approximately $3 million for catalyst capital projects for the downtown, $95,000 to begin work on improving the 99W corridor, $1.2 million to purchase additional parkland and greenspace, and $560,000 to obtain a long-term water source. ATTACHMENT LIST Resolution adopting the budget and Exhibit A (Schedule of Appropriations).. FISCAL NOTES The Approved Budget includes total appropriations of $85,456,997. \\tig20Unetpub4ig20\w root\formsVomt docs\counoll agenda item summary sheet 07.doc r AGENDA ITEM 11 Date: June 12, 2007 PUBLIC HEARING TESTIMONY SIGN-UP SHEETS Please sign on the following page(s) if you wish to testify before City Council on: CONSIDER A RESOLUTION OF THE CITY OF TIGARD ADOPTING THE BUDGET, MAKING APPROPRIATIONS, DECLARING THE VALOREM TAX LEVY, AND CLASSIFYING THE LEVY AS PROVIDED BY ORS 310.060 (2) FOR FISCAL YEAR 2007-2008 Due to Time Constraints City Council May Impose A Time Limit on Testimony I?admtcathytstty ccuncR\=i0nuplph testimony - 070612 - state shared mvenues.doc AGENDA ITEM No. 11 Date: June 12, 2007 PLEASE PRINT Proponent - S eakin In Favor Opponent - (Speaking Against) Neutral Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. fi, .,,~r.3.,e1==n6,JFFli3C>'.F}:YIk°:+§'~d~M'F xsSSf,' :drft~i=r~a:fkS ~~4rtlft~;~d=trt'.;11,~£b t"E ,air".f£ r' arJx~dlrlE Fr ~ , (t('I,strJ'f;~rr>.rt1!`4ir,EfilC:t'r1xj71 'et'kri . 2007-08 Fiscal Year {t,ra tart atirrt }rlf Approved Budged ~`t ts. St. fF'}t rS r x, r _d S! X t ~ d~ i ix D l 6 ' , ,y vvk rtMq f' w s t i e`u4~ ~G,G aC c i} t" rvM, i~i~ t+?& 't t ` „ f.,.~'~'y~ V['.f~...l'?•,•'•'t~ •y~N.~'~ r ..x✓.a_L.r...ua..aw.e..........k___.... _w__._¢....... t....".... ~^r ~ ~Piliti+tl(1~`d, £~fk J..w C~(1?Pt? r`}=1Pt ~ , I u rt jS N i~ ~ ~ ~ rvrnT~'~"w :v ~ xiT , 2.~ T•{~`a . m a ~ °02+ gib. ~ 't~ t~' ~.T+'~ „,1":7 hn ~.r §u k..H:.r.:~pr 4.w•',n ' : 4 K <n, ' a: ,,',-C~, a.r n~.';>:a:E R d z `-F 6 'G, t;ari° ~ ~°'t ~w mt , MI, y t' ~ ~ r =n $ t . 4 1 s Sxa f?~1 AI n ~~^ys 14 st. z ~ t .a4 r t i 11 sd z ~e4 ~h ~ a~ s f 4 r"~ ? f r $ ° ~sis~u 2 it ;3 Agenda Item # °Z Meeting Date June 12, 2007 COUNCIL AGENDA ITEM SUMMARY City Of Tigard, Oregon Issue/Agenda Title APPROVAL OF INTERGOVERNMENTAL LOAN AGREEMENT BETWEEN THE CITY OF TIGARD AND THE TIGARD CITY CENTER DEVELOPMENT AGENCY Prepared By: Robert Sesnon Dept Head Approval: pw City Mgr Approval: ISSUE BEFORE THE COUNCIL Shall the City Council approve an intergovernmental agreement to loan funds to the Tigard City Center Development Agency in order to fund various capital projects specified in the City Center Urban Renewal Plan and Tigard Downtown Improvement Plan? STAFF RECOMMENDATION Staff recommends approval of the attached intergovernmental agreement KEY FACTS AND INFORMATION SUMMARY In May of 2006, Tigard voters approved the formation of an Urban Renewal District encompassing the downtown and surrounding areas. With the formation of this district, future increases in property tax revenues from property within the area, called tax increment, will provide an important source of funding for a number of needed capital projects. But while it is anticipated that roughly $22 million in tax increment revenues may ultimately be generated by the District during its 20 year life, the first few years will not generate significant cash flows. Nevertheless, in order to gain the momentum required for the successful redevelopment of the downtown area and the accomplishment of the established goals, certain catalyst projects will need to be completed in the near future. To complicate matters further, current Law limits the use of tax increment revenues to the retirement of debt. In other words, it may not be used to pay project and/or operating costs directly. Since the District has just been formed, it will be unable to secure outside financing for at least the next two years because it lacks any history of revenue generation or growth. A common solution to this dilemma is to borrow needed funds from the City in these early years of the District's life, and use available tax increment revenues to repay this debt as the Agency is able to do so. OTHER ALTERNATIVES CONSIDERED No other alternatives are available at this time. In the future, as the Agency acquires a history of tax increment generation it may borrow funds directly from financial institutions or incur bonded indebtedness. CITY COUNCIL GOALS Approval of the attached intergovernmental agreement will support unplementation of the Downtown Plan. ATTACHMENT LIST Intergovernmental agreement to make loans between the City of Tigard and the Tigard City Center Development Agency . FISCAL NOTES There are no net costs to the City. Loans made to the Agency will accrue interest at the same rate as if the funds were invested in the City's investment pool. \\tig20Vnetpub\tig20\ N roolVormsVo- doWcouncil agenda Item summary sheet 07.doc Agenda Item Meeting Date June 12, 2007 CITY CENTER DEVELOPMENT AGENCY AGENDA ITEM SUMMARY City Of Tigard, Oregon Issue/Agenda Title APPROVAL OF INTERGOVERNMENTAL LOAN AGREEMENT BETWEEN THE CITY OF TIGARD AND THE TIGARD CITY CENTER DEVELOPMENT AGENCY Prepared By: Robert Sesnon Dept Head Approval: City Mgr Approval: _ j ISSUE BEFORE THE CITY CENTER DEVELOPMENT AGENCY Shall the City Council approve an intergovernmental agreement to loan funds to the Tigard City Center Development Agency in order to fund various capital projects specified in the City Center Urban Renewal Plan and Tigard Downtown Improvement Plan? STAFF RECOMMENDATION Staff recommends approval of the attached intergovernmental agreement. KEY FACTS AND INFORMATION SUMMARY In May of 2006, Tigard voters approved the formation of an Urban Renewal District encompassing the downtown and surrounding areas. With the formation of this district, future increases in property tax revenues from property within the area, called tax increment, will provide an important source of funding for a number of needed capital projects. But while it is anticipated that roughly $22 million in tax increment revenues may ultimately be generated by the District during its 20 year life, the first few years will not generate significant cash flows. Nevertheless, in order to gain the momentum required for the successful redevelopment of the downtown area and the accomplishment of the established goals, certain catalyst projects will need to be completed in the near future. To complicate matters further, current law limits the use of tax increment revenues to the retirement of debt. In other words, it may not be used to pay project and/or operating costs directly. Since the District has just been formed, it will be unable to secure outside financing for at least the next two years because it lacks any history of revenue generation or growth. A common solution to this dilemma is to borrow needed funds from the City in these early years of the District's life, and use available tax increment revenues to repay this debt as the Agency is able to do so. OTHER ALTERNATIVES CONSIDERED No other alternatives are available at this time. In the future, as the Agency acquires a history of tax increment generation it may borrow funds directly from financial institutions or incur bonded indebtedness. CITY COUNCIL GOALS Approval of the attached intergovernmental agreement will support implementation of the Downtown Plan. ATTACHMENT LIST Intergovernmental agreement to make loans between the City of Tigard and, the Tigard City Center Development Agency . FISCAL NOTES The attached agreement will obligate the Agency to repay principal amounts borrowed, along with interest accrued on such amounts. \\tig20lnetpubVig20\w root\fo"sVorm docs\ccda agenda item summary sheet 07.doc AGENDA ITEM No. 14 Date: June 12, 2007 PUBLIC HEARING TESTIMONY SIGN-UP SHEETS Please sign on the following page(s) if you wish to testify before City Council on: CONSIDER A RESOLUTION OF THE CITY OF TIGARD CITY CENTER DEVELOPMENT AGENCY ADO THE CITY CENTER DEVELOPMENT AGENCY (CCDA) BUDGET Due to Time Constraints City Council May Impose A Time Limit on Testimony i:\admtcathytcity counciMmignuptph testimony - 070612 - state shared revenues.doc AGENDA ITEM No. 14 Date: June 12, 2007 PLEASE PRINT Proponent -(Speaking In Favor Opponent - (Speaking Against) Neutral Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. i Agenda Item # Q _ Meeting Date June 12, 2007 CITY CENTER DEVELOPMENT AGENCY AGENDA ITEM SUMMARY City Of Tigard, Oregon Issue/Agenda Title A RESOLUTION ADOPTING THE FISCAL YEAR 2007-08 BUDGET MAKING APPROPRIATIONS AND IMPOSING AND CATEGORIZING TAXES. Prepared By: Robert Sesnon Dept Head Approval: City Mgr Approval: - np ISSUE BEFORE THE CITY CENTER DEVELOPMENT AGENCY Oregon Local Budget Law requires that a budget for the following fiscal year be adopted by the City Center Development Agency Board of Directors prior to July 1, after approval by the Budget Committee and after a public hearing has been held before the City Center Development Agency Board of Directors. STAFF RECOMMENDATION Staff recommends adoption of the FY 2007-08 Budget. KEY FACTS AND INFORMATION SUMMARY The Tigard Budget Committee (comprised of the City Center Development Agency Board of Directors and five citizens) reviewed the Executive Director's Proposed FY 2007-08 Budget on May 14, 2007. The Budget Committee subsequently approved the Proposed Budget and forwarded the Budget to the City Center Development Agency Board of Directors for adoption. Oregon Local Budget Law gives the governing body of the jurisdiction authority to make certain changes in the Approved Budget prior to adoption. The City Center Development Agency Board of Directors may adjust resources or expenditures up or down as long as the increase in a fund does not exceed 10% of the fund total. No adjustments to the Approved Budget have been proposed. The total FY 2007-08 City Center Development Agency Budget will be $1,185;000. OTHER ALTERNATIVES CONSIDERED Since no amendments have been proposed, no other alternatives are being considered. By Oregon law, the FY 2007-08 Budget must be adopted by the City Council prior to July 1, 2007. CITY COUNCIL GOALS This budget includes funding for Burnham and Main Street improvements consistent with the Tigard Downtown Improvement Plan and City Center Urban Renewal Plan. ATTACHMENT LIST FISCAL NOTES The Approved Budget includes total appropriations of $1,185,000 \V1g20Ynetpub\tig20\w root\fonnsVom docs\coda agenda Item summary sheet 07.doc