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City Council Minutes - 02/23/2010 Agenda Item No. _ Meeting of " ' City of Tigard �r r Tigard Business Meeting - Minutes TIGARD CITY COUNCIL LocAL CONTRACT REVIEW BOARD (LCRB) CITY CENTER DEVELOPMENT AGENCY(CODA) MEETING DATE/TIME: February 23, 2010 — 6:30 p.m. Study Session; 7:30 p.m. Business Meeting MEETING LOCATION: City of Tigard —Town Hall, 13125 SW Hall Blvd., Tigard, OR 97223 Mayor Dirksen called the meeting to order at 6:31 p.m. Name Present Absent Mayor Dirksen ✓ Council President Wilson ✓ Councilor Bueluler ✓ Councilor Henderson ✓ Councilor Webb ✓ Staff present: City Manager Prosser, Assistant City Manager Newton, Finance and Information Services Department Director LaFrance, Confidential Executive Assistant Lutz, Cominuizity Development Director Bunch, Assistant Community Development Director Harnett, Associate Planner Pagenstecher, City Recorder Wheatley, City Attorney Hall. City Manager Prosser read the citation for entering into an Executive Session. EXECUTIVE SESSION: The Tigard City Council went into Executive Session at 6:31 p.m. for consultation with counsel concerning legal rights and duties regarding current litigation or litigation lil�ely to be filed, under ORS 192.660(2)(h). Executive Session concluded at 7:07 p.m. and City Council convened into study session. • STUDY SESSION o Review of FY 2010-11 Community Event Funding Requests City Council reviewed Community Event Funding requests. City Manager Prosser introduced the agenda item. Finance and Information Services Director LaFrance reviewed with the City Council the requests received. Confidential Executive Assistant Lutz was also present and had assembled the spreadsheet of requests made under City Council review. Key points of the discussion were: o Amount available for Community Event funding request is approximately $87,000. TIGARD CITY COUNCIL— FEBRUARY 23, 2010 City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 1 503-639-1171 1 vnvxv.tigard--or.gov f Page 1 of 10 o Amount requested for funding is $65,900. o Social Services requests were for more than die traditional amount allocated. o If City Council chooses to allocate less than the amount available for Community Event funding, then that money could be made available for Social Services requests. o Broadway Rose ($10,000), Festival of Balloons($10,000), and Tigard 4"' of July ($7,500) have money available set aside by resolutions adopted in 2000. Festival of Balloons and Tigard 4"' of July have requested additional funding resulting in a total amount requested of$41,500. o Other agency requests totaled $24,400. o Atfalati Recreation District request is by contract. The District no longer exists and those obligations have been taken over by the Baseball and Southside Soccer organizations. Staff experienced difficulty in obtaining an application for funding this year advised City Manager Prosser. o The American Legion is requesting money to pay for insurance for a homecoming parade. This was done before by the City of Tigard as a "last-minute" request. o The Chamber of Commerce provides tourist information for the Tigard area which is funded in part with a share of die hotel/motel tax. At this time, this request was made under the Social Services requests process. o City Council consensus was to fund requests at the same level as was done last year, so returning requests would remain funded in tie amount of$36,510. Other funding requests would remain the same as last year as well. The Chamber's request will be considered under Social Services funding. o The Council expressed a desire to hold at least$5,000 back for other requests that might be made during the coining months. City Manager Prosser said a "set aside" could be designated. Some of the dollars not funded could be applied towards sore Social Services funding requests. Confidential Executive Assistant Lutz advised there are three Social Services set asides: Affordable lousing, Housing Program Emergency Fund, and Residential Services Agency. o Consensus of the City Council was that $35,000 would remain as an unlabeled set aside. o Administrative Items o City Manager Prosser advised that on March IS Metro is going to announce grant awards for the Nature in Neighborhoods. Current indications are that they plan to award $1 million for the Fowler property. City Manager Prosser will attend the formal announcement. Study Session concluded at 7:23 p.m. 1. BUSINESS MEETING 1.1 Mayor Dirksen called the City Council&Local Contract Review Board to order at 7:33:02 PM 1.2 Roll Call 1.1) Pledge of Allegiance 7:33:30 PM 1.4 Council Communications &Liaison Reports 733:46 PM---None. 1.5 Call to Council and Staff for Non-Agenda Items 7:33:52 PM --None 7:33:50 PM 2. CITIZEN COMMUNICATION 7:34:04 PM -No previous citizen conu-nunication follow up. 7:34:19 PM Richard Koenig testified. F Ie requested feedback noting he had accused City Attorney Ratnis of lying when the City Attorney suggested that a court that does not establish jurisdiction over anyone. In response to a question TIGARD CITY COUNCIL- FEBRUARY 23, 2010 Ciry of Tigard 1 13125 SW Hall Blvd.,'Tigard,OR 97223 1 503-639-4171 j www.tigard-or.gov I Page 2 of 10 ftotn M±. Koenig, Mayor Dirksen advised that City Attorney Raris was not present at this time because City Attorney Ranis had another engagement. Mr. Koenig repeated that the City Attorney"is a liar." Mayor Dirksen asked the City Council if they had any questions of 11Lt. Koenig. There being no questions, Mayor Dirksen thanked Mr. Koenig for his comments. Patrick Dinan testified. He reported his surprise that the Chief of Police told hun he had been trespassed and could not attend the City Council meeting. He said die Chief did not give hurt this information in writing, but told Mi. Dusan that he was being disruptive. Ivii. Dinan advised that he still has not received written findings from the municipal judge as he requested previously. He advised City Council he was seekuig the Council's help to get answers. Mayor Dirksen advised Mr. Dinan that the City Council recognizes "your right to come before us during the citizen communication and address us." Mr. Dinan asked why the Chief would have die right to deny huh access to the City Council and he reiterated his request to receive the written findings froth the judge. Mayor Dirksen thanked Mr. Dinah for his comments. 7:40:55 PIM Mayor Dirksen reviewed the Consent Agenda topics: 3. CONSENT AGENDA: 3.1 Approve City Council Meeting Minutes for November 17, 2009 3.2 Notice of Need to Forman Ad Hoc Trails Master Plan Citizen Advisory Committee Motion by Council President Wilson, seconded by Councilor Webb, to approve die Consent Agenda. The motion was approved by a unanimous vote of City Council present. Mavor Dirksen Yes Council President Wilson Yes Councilor Buehner Yes Councilor Henderson Yes Councilor Webb Yes 4. LEGISLATIVE PUBLIC HEARING — CONSIDER A CODE AMENDME-NT TO ALLOW AN ELECTRONIC MESSAGE CENTER AT A SCHOOL THAT FRONTS AN ARTERIAL STREET (DCA2009-00006) 7:41:43 PM a. 7:41:50 PM Mayor Dirksen opened the public hearing b. City Attorney Hall read the rules of procedure;a copy is on file in die City Recorder's office. C. Declarations or challenges: None. TIGARD CITY COUNCIL- FEBRUARY 23, 2010 Ciry of Tigard I 13125 SWI-loll Bh,d.,Tigard,OR 97223 1 503-639-4171 1 wwzv.rigard-or.gov I Page 3 of 10 d. Sutnrnation by Community Development Department 7:45:03 PILI Assistant Planner Watkins presented the staff report; the report is on file 11n die City Recorder's office. He advised Community Development Director Bunch requested an amendment to the text of the "signs" chapter of die Comintmity Development Code, 18.780. The proposed amendment will allow an electric message center for a school fronting an arterial street,where the sign is a minimum of 200 feet from an abutting residential use and is oriented to the arterial street. C. Public Testimony Barbara Fronczak, 19135 SW 52"d Court,Tualatin OR 97062 advised she is the Vice Chair of the School Advisory Council of St.Anthony's School. She supports the Code amendment as this would benefit thew-school allowing a means of coinznunication of die benefits of the school to Tigard residents. It would also iinprove the coininunication within the"parent commUllity" of their school. David Cusias, 12199 Hollow Lane,Tigard, OR 97223 supported the Code amendment as mentioned by Ms. Fronczak. This would provide a quick and easy way to provide information to parents and serve to increase parent participation. The beneficiaries of flus participation ate the students and faculty. f. Staff Recommendation: 7:47:4G PM Assistant Planner Watldns advised that staff recommends that the City Council find in favor of the sign code amendment as forwarded by the Planning Commission. g. Council Discussion: None. h. Mayor Dirksen closed the public hearing. 7:48:08 PM i. Council Consideration: Ordinance No. 10-04 7:48:18 PM Motion by Councilor Webb, seconded by Council President Wilson, to adopt Ordinance No. 10-04. ORDINANCE NO. 10-04—AN ORDINANCE ADOPTING AN AMENDMENT TO THE TIGARD COMMUNITY DEVELOPMENT CODE C1-LAPTER 18.780 (DEVELOPMENT CODE AMENDMENT DCA2009-00006) The motion was approved by a unanimous vote of City Council present. Mayor Dirksen Yes Council President Wilson Yes Councilor Buehner Yes Councilor Henderson Yes Councilor Webb Yes TIGARD CITY COUNCIL- FEBRUARY 23, 2010 City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 1 503-639-4171 1 www.dgard-or.gov I Page 4 of 10 5. LEGISLATIVE PUBLIC HEARING—CONSIDER PLANNING COMMISSION RECOMMENDATION TO AMEND THE TIGARD DEVELOPMENT CODE TEMPORARY USE CHAPTER(18.785)TO ALLOW SEASONAL MARKETS (DCA2009-00004) 7:49:11 PM a. Mayor Dirksen opened the public healing. 7:49:26 PM b. Cite Attorney Hall advised die same rules of procedure applicable to the hearing in Item No. 4 above apply to this hearing. Mayor Dirksen confirmed that all present had heard the rules of procedure for the previous item. C. Declarations or challenges: None d. Summation by Public Works Department 7:49:56 PM Associate Planner Pagenstecher presented the staff report. A copy of the staff report is on file in the City Recorder's office. He surhhrnatized past City Council review of this item: ■ In July 2009 City Council reviewed dhis item and gave staff guidance as to how this Code amendment should be addressed. He referred to discussions that precipitated this proposed amendment with the Tigard Grange. He advised that a member of the Grange is available tonight to give information,if needed,about the proposed Development Code Amendment. M There were two lhearings widi the PIanning Commission,which resulted in some word changes in the proposed amendment to improve the original draft that was more restrictive with regard to providing requited documentation for seasonal market activities. Council President Wilson advised he read the PIanning Commission minutes after he read the proposed Code amendments. He found that he had some of the same questions as did some of tie Planning Corrunissionets. While he thinks the language of dhe Planning Commissioners helps,he still thinks it could be tightened up. He referred to the exemptions listed on tie first page of Exhibit A. Council President Wilson said it looks as if the difference between a use that would be exempt from the ordinance and one that is not exempt is whether there is a profit involved. Associate Planner Pagenstecher affirmed that a profit is involved to a third party. Council President Wilson suggested it might be better to say,"This chapter does not apply to seasonal and special events conducted by volunteers, exclusively for the benefit of a Tigard-based non-profit organization." Associate Planner Pagenstecher said this could be a reasonable alternative. Council President Wilson asked why this needs to be a Tigard-based, non-profit? For example his daughter is on a dance team at South Ridge High School in Beaverton,but lives in Tigard. Would this affect the car wash die students have at a Tigard business? He said he thought this chapter was intending to benefit things such as the example he gave. Associate PIanner Pagenstecher said the language for the"Tigard-based non-profit"was original language and had not been raised as an issue. Assistant Community Development Director Harnett said that it is not uncommon for non-profit organizations to have hired staff who organize the operations of these binds of activities. She said she would be a little concerned about limiting this section of the Code specifying"volunteers" only. She said the language Council President Wilson referred to is an exception to what die Code allows and the provision stating"Tigard-based"would provide li.rnitations and avoid the potential of opening Tigard as TIGARD CITY COUNCIL- FEBRUARY 23, 2010 City of Tigard 13125 SW lull Blvd.,Tigard,OR 97223 1 503-639-4171 1 www.dgard-or.gov I Page 5 of 10 the coirnnunity that hosts seasonal activities. She reiterated that this is an exception to the Code;it is not something that we are making a decision to allow on a routine and ongoing basis. 7:55:48 PM Assistant Cointnunity Development Director Harnett,in response to a question from Council President Wilson regarding the example of the car wash above,advised the exception in the Code is for outdoor sales and she did not thunk the activity of a car wash would fall in this category. Council President Wilson acknowledged the.point made with regard to volunteers and said the wording might say"primarily volunteers." If the booth is earning money as a business, then it becomes somedhing that is not intended to be exennpt. Council President Wilson referred to the old Code language,which listed examples of what would be , lowed; 18.785.020, Types of Teirapoi-ag Uses,A., Seasonal ar.rpecial event. Those uses that follow (listed) implies to him that there would only be six types of uses possible. He said lie does not thitllc we want to be that broad. Mayor Dirksen asked Council President Wilson if he wanted the exceptions to be limited to those six uses? Council President Wilson said he was not sure what would prevent any kind of profitable outdoor business,which operates April through October. Council President Wilson said he is concerned that Paragraph A in 18.785.020, by listing exal)ples-of the types of uses to fall under the seasonal or special event permit would mean that almost any use would be allowed. In response to a question from Associate Planner Pagenstecher,Council President Wilson responded that it would be a problem because it would Dow almost anything to operate April through October,and circumvent parking rules, etc. Associate Planner Pagenstecher agreed that this would be the case. He said the purpose of the Development Code Amendment was to provide for an additional use that was not listed. Council President Wilson referred to the City Council workshop discussion on this subject. The City Council raised the concern in that they did not want a"permanent garage sale, flea market on 99,and it appears to me that that,under these rules,would be allowed." City Attorney Fall referred to language in Exhibit A: !8.785.040 Appimal Ciiteiia. One of the approval criteria is that the use is limited to 30 consecutive days once a year. Another criteria addresses the parking concern: There 24,ill be no parking utilitied by the customers and employees of the Temporary Use lvhich is needed by theproperty olvnerto meet...theparking requinivent. Council President Wilson Pointed out dint the above limitations apply to those uses except if the use falls under seasonal markets in Paragraph 6. Associate Planner Pagenstecher said he thought the temporary use for a seasonal or special event is like a "holding basket" Fara type of use. There are four temporary uses ' the chapter. With regard to the seasonal market, it will be very limited by the approval criteria in Paragraph 6. Associate Planner Pagenstecher said he did not understand this armendrnent would be used to address the Code to address temporary uses in general. What is before the City Council this evening addresses seasonal markets and they have been specifically limited in the approval criteria. Councilor Buehner noted she agreed with Council President Wilson that this needs to be tightened up to be specific and exclusive. She said the City Council needs to give staff clear, delineated structure. 8:03:40 PM Assistant Community Development Director Harnett acknowledged that she has not been comfortable with the Temporary Use Chapter as a whole. She said staff was attempting to achieve what they understood was the City Council direction,which was to add the opportunity for an outdoor market for TIGARD CITY COUNCIL— FEBRUARY 23, 2010 City ofTigard 13125 5W Hall Blvd.,Tigard,OR 97223 1 503-639-4171 1 www.tigard-or.gov I Page 6 of 10 the primary purpose of selling flesh produce,plants,etc. She said that, through the approval criteria,we are limiting the kinds of temporary, seasonal markets that can be approved. She said she did not disagree that there are a number of places throughout the Code where the current lists of examples ate not in our best interests for a clean, tight Code. These types of changes would require major review and rewriting. Assistant Community Development Director Harnett said she understood there was a desire to get the amendment in place to address the opportunity for a seasonal outdoor market in the coining season. With regard to the issues raised above, she said she does not thunk these are simple work foes; rather, these would be structural changes. She suggested they might be able add text within the approval criteria to try to strengthen the language. 7:56:57 PM City Attorney Ramis arrived and sat in the audience. Councilor Henderson,in response to a question from Council President Wilson,advised the Tigard Fanners Market is open May to October. Council President Wilson said he thinks die Code language needs a lot of work. Assistant Community Development Director Hamlett referred to an issue concerning a temporary use that occurred during the Christmas Holiday season. Staff was aware that this chapter needs to be revisited. The City Manager asked staff to address this before the next holiday season. Staff is planning to include tis Code language review within their current work program. 5:07:22 PM Council President Wilson referred to the six types of temporary uses listed that would allow tie particular uses the City is wanting to allow. Assistant Comt nuruity Development Director Harnett said, "Yes,it will get you where you want to be, for now. Does it leave tie door open for other things? Possibly." Council President Wilson suggested that rather than use examples,we identify tie six types of uses allowed under this type of permit. In response to a question from Associate Planner Pagenstecher, Council President Wilson said he is concerned about certain types of uses that are for profit,cheaply done,and undesirable for the corridor. Discussion followed on how the existing Code language could be easily"gotten around." S:10:05 PM Mayor Dirksen said the scope of the matter given to staff was to look at how changes could be made to the existing chapter to allow seasonal markets. He said he understands Council President Wilson's concern;however,he said he was not sure if the language should be restrictive thereby limiting the creativity of individuals. He said the concerns raised,in his opinion, should not be used to prevent the City Council from doing tonight what"eve set out to do to allow the seasonal markets to take place. If the need to go back and review this entire chapter for its appropriateness,that is something we could do,but that is not tvithiin the scope of what we are looking at tonight." 5:11:11 PM Councilor Buehner said she is concerned that we make sure that we've made arrangements for the Farmers Nlarket. She suggested that as a temporary treasure, that die City Council change the language to say "t-le uses include..." TIGARD CITY COUNCIL FEBRUARY 23, 2010 Cityof Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 1 503-639-4171 1 www.6gard-or.gov I Page 7 of 10 8:11:37 PM Mayor Dirksen,ui response to Councilor Bueluier's remark above suggested the following wording amendment in the List phrase of"18.786.020 Types of Tenipalcry Uses—A. 5easoncrl of special event....r..-I.- &r9)rf-Tlaese types of tevporag user indWe: ..." 8:11:47 PM Councilor Buehner agreed with Mayor Dirksen's suggestion above. She said, "...and then we can go back and have this long debate when they come back with the amendments to the entire Code." Councilor Webb and Mayor Dirksen said this was acceptable. Councilor Henderson said he would agree also and would like to see the ability to have more markets and private sales. Associate Planner Pagenstecher,in response to a statement by Councilor Henderson, clarified that the Farmers Market would have to obtain a permit;however, they would not have to pay fot the application because they are non-profit organization. Previously there was no per available for this type of use. It will be a Type I review,tvluch is approved by staff(10-day review period). Associate Planner Pagenstechet referred to the criteria (18.785.040A.6) for a Fanners Market,wliich were designed to limit the itnpacts to adjacent neighbors,promote safety,and assure that the public welfare components are met. Councilor Henderson said he thought staff did a good job. 8:1X1:12 PM Mayor Dirksen said that these types of public markets are important to a community such as the City of Tigard. It allows for the creation of true conamunity and opportunities for events where citizens can gather to share. To be able to adjust the Code to allow this already accepted market within our community is a good dung to do. 8:15:08 PRI C. Public testimony: None. 8:15:34 PM f. Mayor Dirksen closed the public hearing. g. Council Consideration: Ordinance No. 10-05 Mayor Dirksen noted that as City Council is considering this item to keep in mind the revision made to 18.785.020A. Motion by Councilor Buehner, seconded by Councilor Webb, to adopt Ordinance No. 10-05 as amended in Section 18.785.020A. Mayor Dirksen clarified that die change would be to strike the reference to examples and the phrase would read: These types of tewporrr y uses include: City Attorney Hall confirmed the above motion was adequate to amend the Ianguage to the proposed ordinance as cited. TIGARD CITY COUNCIL FEBRUARY 23, 2010 City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 1 503-639-4171 1 ,v-,v%v.tigard-or.gov I Page 8 of 10 ORDINANCE NO. 10-05—AN ORDINANCE AMENDING THE TIGARD COMMUNITY DEVELOPMENT CODE CHAPTER 18.785,TO ALLOW SEASONAL MARKETS BY CHARTERED PUBLIC SERVICE/NON-PROFIT ORGANIZATIONS IN THE C-G AND MU- CBD ZONES FROM APRIL TO OCTOBER SUBJECT TO TIGARD COMMUNITY DEVELOPMENT CODE STANDARDS (DCA2009-00004),AS AMENDED. 8:17:15 I'M The motion was approved by a unanimous vote of City Council present. Mayor Dirksen Yes Council President Wilson Yes Councilor Buchner Yes Councilor Henderson Yes Councilor Webb Yes Councilor I Ienderson asked about the procedure for the review of this section of the Code. Mayor Dirksen advised that as a Council, they just needed to direct staff, through the City Manager, to block out time in the future fora review of this chapter. There was a consensus of City Council that this matter be added to the staff's work schedule. 6. COUNCIL LIAISON REPORTS Councilor Buelumer acknowledged die presence of high school students attending in the audience. Mayor Dirksen asked the students if they had any questions they would like to ask City Council. There were no questions. City Manager Prosser announced the March 9 and March 16 meetings of City Council are cancelled. The next City Council meeting will be March 25. There will be a special City Council workshop on March 30. Councilor Henderson reminded die City Council that Frontier twill be taking over Vetizon in about June or July. We will have a 60-day notice before diis is finalized. Councilor Buehner advised that the Intergoveriunental Water Board (IWB) has completed the rewrite of dhe Intergovernmental Agreement regarding the Water District. The IWB will be finalizing its review at the next meeting and then it will go to the respective Board members' jurisdictions legal counsel for review. She anticipates this will be before the Tigard City Council in May. 7. NON AGENDA ITEMS: None. 8. E-�'K-ECUTIVE SESSION: Not held 9. ADJOURNMENT 8:21:14 PM Motion by Council President Wilson, seconded by Councilor Webb to adjourn the meeting. The motion was approved by a unanimous vote of City Council present. TIGARD CITY COUNCIL- FEBRUARY 23, 2010 City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 1 503-639-4171 1 tvww.dgard-or.gov I Page 9 o f lO Mayor Dirksen Yes Council President Wilson Yes Councilor Bueluier Yes Councilor Henderson Yes Councilor Webb Yes til Catheru'ie Wheatley, City Recorder Attest: Mayor, City of Tigard . Date: /0 1AADMICATHY1CCM120101100223 final.doc TIGARD CITY COUNCIL- FEBRUARY 23, 2010 City of Tigard 1 13125 5W Hall Blvd.,Tigard,OR 97223 1 503-639-4171 1 www.tigard-or.gov Page 10 of 10