City Council Minutes - 01/26/2010 Agenda Item No. 1/I1 /0 4-
Meeting of !L,-QCa l I 0
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City of Tigard
Ow-- Tigard Business Meeting Minutes
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TIGARD CITY COUNCIL
LOCAL CONTRACT REVIEW BOARD (LCRB)
CITY CENTER DEVELOPMENT AGENCY(CCDA)
MEETING DATE/TIME: January 26, 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 6:30 p.m.
Present: Mayor Dirksen, Council President Wilson, Councilor Buchner, Councilor Henderson, and Councilor
Webb.
Staff Present: City Manager Prosser, Assistant City Manager Newton, Public Works Director Koellernheier, City
Attorney Ramis, and City Recorder Wheatley.
STUDY SESSION
o Discuss Proposed Mayor and Council Budget for 2010-11
Assistant City Manager Newton reviewed the proposed City Council budget for 2010-11,which is on file in
the City Recorder's office. Proposed expenditures are not significantly different from last year.
City Manager Prosser advised that departments are putting together budget requests. If the proposed City
Council budget is acceptable to the City Council members, then this will become the proposed budget
request that will be reviewed by Finance and the City Manager before being transmitted to the Budget
Committee,
City Recorder Wheatley introduced the possibility of using e-readers for City Council packets. Some cities
are beginning to use these devices and reporting good results. After brief discussion, City Council decided
to table the idea this year to see how the market develops;i.e.,less cost and unproved technology.
City Manager Prosser advised that as budget requests are prepared by departments, staff have been
instructed to hold tie line. Requests for new positions have been discouraged. The Finance Department is
reviewing the budgets as requested by the departments at this time,which will be followed by a review with
Finance and Information Services Department Director LaFrance and City Manager Prosser. In response
to a question from Mayor Dirksen, City Manager Prosser advised a Budget Committee meeting is scheduled
in March during a City Council meeting. More information will be available at this meeting regarding
process for the upcoming budget hearings.
o Administrative Itemns
■ Mayor/Council "Coffee" is scheduled for Saturday, February 6.
■ March 9 and 16 meetings are cancelled. A City Council Workshop meeting is on March 30, 2010.
TIGARD CITY COUNCIL—January 26, 2010
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• EXECUTIVE SESSION: The Tigard City Council went into Executive Session at 6:45 p.m. to discuss real
property transaction negotiations under ORS 192.660(2) (e).
Executive Session concluded at 7:25 p.m.
1. BUSINESS MEETING
1.1 Mayor Dirksen called the City Council&Local Contract Review Board Meeting to order at 7:34:13 PM
1.2 Roll Call: Mayor Dirksen, Council President Wilson, Councilor Buchner, Councilor Henderson, and
Councilor Webb.
1.3 Pledge of Allegiance
1.4 Council Communications &Liaison Reports
7:34:54 PM
Councilor Buehner reported that she is serving on the League of Oregon Cities (LOC) Finance and
Taxation Committee.
Mayor Dirksen said he has been appointed to two LOC policy committees; one for Community
Development and the other for Transportation.
1.5 Call to Council and Staff for Non-Agenda Items-- Node
2. CITIZEN COMIWIUNICATION (Two N inutes or Less,Please)
• Follow-up to Previous Citizen Communication: None
• Citizen Communications Sign Up Sheet
7:35:58 PM
- Mr. Richard L. Koenig submitted a document titled "Before Tigard's City Council January 26,
2010." A copy of this docuunent is on file in the City Recorder's office.
Mr. Koenig's communication to the City Cotuicil is summarized below:
• He said he asked for an appointment with Police Chief Orr for his authority to stop, detain, and
write tickets, traffic tickets, trafficking tickets to members of the general public.
■ During a telephone conversation, Police Chief Orr advised Mr. Koenig that he had the
authority referenced above. Mr. Koenig asked Police Chief Orr to prove it.
" Mr. Koenig recounted his recollection of three telephone conversations with Police Chief Orr,
during which Mr. Koenig recited the Miranda Warning to Police Chief Orr and asked Police
Chief Orr not to bother him.
■ Because Police Chief Orr called Mr. Koenig after the warning, IV11. Koenig alleged this phone
call was official misconduct and telephone harassment.
• Mr. Koenig submitted a compact disc containing the recording of a telephone conversation
with Police Chief Orr. This disc is on file in the City Recorder's office.
There were no questions from the City Council for Mr. Koenig. Mayor Dirksen thanked lb1r. Koenig
for his comments.
TIGARD CITY COUNCIL—January 26, 2010
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Mr. Patrick Dinan, P O Box 1031, Sherwood, Oregon 97140 testified and submitted the following
material,-which is on file in the City Recorder's office:
o "In the matter of State of Oregon versus Patrick Dinan, Case nurnber 151204,in the Tigard
Municipal Court—Request for Written Findings, ORCP 62" (one page)
o A December 28 memorandum to Michael O'Brien, Muni Court "Judge" for City of Tigard
From Patrick Dinan,member of the general public under ORS 801.305. (four pages)
o A January 6"', 2010 memo to Tigard Municipal Clerk From Patiick Dinah, member of the
general public ivader ORS 801.305 (1 page)
Copies of the above documents are on file in the City Recorder's office.
Surnrnary of Mr. Dinan's testimony:
o A Tigard resident for 15 years.
o Went dhrough the municipal courts twice.
o On December 17,a judge told him he had to buy privileges before he could have rights.
o Advised he submitted a request to Judge O'Brien and also talked to Mr. BIake.
o Advised that the City Attorney told lire he was not involved with the proceedings for
wlich Mr. Dinan was requesting information.
o Asked rhe City Council who would be die party he should ask for this information.
o Asked to be provided the laws under which he is being prosecuted.
o Referred to a letter he provided to die judge.
o Was advised by staff that die judge would not respond tividi written findings per his request.
o Asking for assistance of die elected officials and offered a dollar to anyone who could give
hirn an ans`ver.
Mayor Dirksen advised Mr. Dinan there was no need for the dollar. He asked City Council if
there were any questions; there were none. Mayor Dirksen said that as Mr. Dinan was advised
before, if he is dissatisfied with the decision of the court, then he has the opportunity to appeal
through die appeals process.
In response to additional comments frorn Mr. Dinan, Mayor Dirksen advised that the City
Council understands his request. The Mayor dunked Mr. Dolan for his comments and asked
him to give his documents to the City Recorder.
Mr. Dinan asked when he would have an answer. Mayor Dirksen responded that, "I don't
know that there's an answer that we can give you. I Link you need to address it to die County,
because that's where the appeals court is."
NI-r. Dinan said, "I'm dealing with die judge here. He's under your supervision. Yotu City
Attorney doesn't want anydvng to do with it; the City Prosecutor says dint's not his problern.
So, I'm corning to you..."
Mayor Dirksen said, "...the advice that 1 can give you is that you need to—go through tie
appeals process if you're dissatisfied with a municipal court decision." Mr. Dinan, said "...it's
the action of your employee and that's what I'm saying if die employee hasn't been instructed."
Mayor Dirksen thanked Mr. Divan. Mr. Dinan said,"I look forward to answer."
TIGARD CITY COUNCIL—January 26, 2010
City of Tigard 13125 SW Hall Blvd.,Tigard,OR 97223 1 503-639-4171 1 ,v\vxv.tigard-or.gov I Page 3 of 14
7:44:57 PM
Mayor Dirksen reviewed the Consent Agenda:
3. ' CONSENT AGENDA:
3.1 Approve Council Minutes from October 27,2009
3.2 Amend a Portion of Resolution No. 09-44—Masker Fees and Charges Schedule pertaining to the Park
System Development Charge (SDC) and Sanitary Sewer Connection Fee—Resolution No. 10-05
RESOLUTION NO. 10-05 — A RESOLUTION AMENDING A PORTION OF RESOLUTION
NO. 09-44 — THE MASTER FEES AND CHARGES SCHEDULE PERTAINING TO PARD
SYSTEM DEVELOPMENT CHARGE (SDC)AND SANITARY SEWER CONNECTION FEE
3.3 Deactivate the Transportation Financing Strategies Task Force, Thanking the Members for Their
Service,and Commending Them for a Job Well Done—Resolution No. 10-06
RESOLUTION NO. 10-06 — A RESOLUTION DEACTIVATING THE TRANSPORTATION
FINANCING STRATEGIES TASK FORCE,ACKNOWLEDGING ITS ACCOMPLISHMENTS,
THANKING THE TASK FORCE MEMBERS FOR THEIR SERVICE, AND COMMENDING
THEM FOR A JOB WELL DONE
3.4 Consider a Resolution Appointing Holly Polivl a and Hong Dao as Members, and Charlotte Corc1le as
an Alternate Member to the Park and Recreation Advisory Board—Resolution No. 10-07
RESOLUTION NO. 10-07 —A RESOLUTION APPOINTING HOLLY POLIVIKA AND HONG
DAO AS MEMBERS, AND APPOINTING CHARLOTTE CORELLE AS AN ALTERNATE
MEMBER TO THE PARK AND RECREATION ADVISORY BOARD
3.5 Consider a Resolution Authorizing the Withdrawal Agreement with the Joint Water Commission —
Resolution No. 10-08
RESOLUTION NO. 10-08 — A RESOLUTION WITHDRAWING THE CITY OF TIGARD
FROM THE JOINT WATER COMMISSION UWC)
3.6 Consider an Addendum to Intergovernmental Agreement with Tualatin Valley Fire & Rescue Relating
to the Joint Development of the Walnut Street Fire Station and Expansion and Improvement of Jack
Park Recognizing the Reduction in Cost
3.7 Authorize the Mayor to Sign an Intergovernmental Agreement with the Oregon Department of
Transportation Regarding the City of Tigard Maintaining Landscaping Along Pacific Highway/99W
from. Gaarde Street to Canterbury Lane
Councilor Henderson said that he appreciated that soiree of the fees went down.
Motion by Councilor Webb, seconded by Council President Wilson, to approve the Consent Agenda.
The motion was approved by a unanimous vote of Council present.
TIGA.RD CITY COUNCIL—January 26, 2010
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Mayor Dirksen Yes
Council President Wilson Yes
Councilor Bueliner Yes
Councilor Henderson Yes
Councilor Webb Yes
J
7:47:53 PM
4. LEGISLATIVE PUBLIC HEARING — CONSIDER ORDINANCE FOR DOWNTOWN CODE
AMENDMENTS AND DESIGN STANDARDS (COMPREHENSIVE PLAN AMENDMENT CPA2009-
00003, DEVELOPMENT CODE AMENDMENT DCA2009-00005, AND ZONING MAP
AMENDMENT ZON2009-00001)
a. Mayor Dirksen opened the public hearing.
b. City Attorney Ramis reviewed the procedures for the hearing.
C. There were no declarations or challenges relating to the City Council members'jurisdiction or suitability
to hearing this matter.
d. Summation by Cominunity Development Department
7:52:05 PM
Redevelopment Project Manager Farrelly presented the staff report. The proposal is to change the
Comprehensive Plan designation, zoning map designation and associated Development Code
amendments in the Downtown Urban Renewal District. The changes will implement the Tigard
Downtown Improvement Pian and Comprehensive Plan chapter for Downtown. The bulla of the atea
in question is zoned Central Business District(CBD) with small areas of Commercial General (C-G),
Commercial Professional (C-P),and R-12 Planned Development,R 4.5, and MUR-1.
The proposed Development Code amendments would add a new chapter to address downtown
development design standards. There are also amendments to address definitions, decision-making
procedures,commercial zoning district,landscaping/screening,off-street parking/loading,and signs.
The proposal has one zone, the Mixed-Use Commercial Business District Zone. There will be four sub
areas with different development standards,varied height limits and setbacks. Staff proposed new
building and site design standards. Redevelopment Project Manager Farrelly explained how the
standards are organized and the items addressed including what types of development procedures are
encouraged and flexibility through a discretionary review process.
The review procedures are similar to what is now in the Development Code. Redevelopment Project
Manager Farrelly briefly reviewed the procedures.
Redevelopment Project Manager Farrelly said die City applied for and received a Code assistance grant
from the TGM state program to review the work. He introduced Cathy Corliss,a principal at Angelo
Planning and Marcy Mcinelly a principal at SERA Architects (one of her specialties is farm-based
codes).
Ms. Corliss referred to the Peer Review of the draft document prepared by Redevelopment Project
Manager Farrelly and the City Center Advisory Committee. SERA Architects prepared Code
illustrations to support the draft design standards. The standards were tested by running sorne
development examples. Sites were identified and SERA Architects applied the standards to the sites
and tested them. As a result amendments were recommended.
TIGARD CITY COUNCIL—January 2G, 2010
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Ms. Corliss said the Stuart Development assistance program advocates some of the things Tigard is
trying to accomplish in its downtown. They evaluated the proposed amendments to determine if they
were consistent with the Smart Development Principles.
Ibis. Mcinelly referred to elements of a form-based code. This type of code focuses on the form of the
building and not its use.. This leaves a lot of flexibility for the property owner and developer. A form-
based code is very specific as to how a building faces a street in coordination with the streets and open
space. The concept is about designing the public reahn similar to how you would design a room in that
the streets and the building work together. For Tigard, development standards were drafted that varied
by sub area;each district has a unique set of development standards. This creates a more consistent
and distinct public realm within that sub area. The proposed form-based code has a specific approach
to site design,where the focus is on the location of parking,parking screening,and the building
frontage. The idea is to place the emphasis in the Code where it will make the most difference while
avoiding micro-management of other elements such as the building use. There is emphasis on the
ground floor, street-facing facade.
Ms. Mcinelly referred to the work done to test the code using three-dimensional illustrations and
calculations,blown as the development examples. This was an exercise to test the financial feasibility
of the development standards as well as the construction-type feasibility to determine if these are
buildings that could be built during a typical economic climate. As a result of the testing, some
adjustments were made to the proposed code. Additional information reviewed by Ms. Mcinelly is
summarized in a PowerPoint presentation,which is on file in the City Recorder's office..
8:05:42 PM Redevelopment Project Manager Farrelly noted that a memorandtun summarizing the
findings is contained in Exhibit 2A in the staff report.
Redevelopment Project Manager Fatrelly reviewed the citizen engagement used to develop the code
language. The blueprint for the proposed code amendments was the Tigard Downtown Improvement
Plan. One of the recommendations was to revise the land use code for the downtown area. The joint
subcommittee of the Planning Commission and the City Center Advisory Commission worked on the
draft code with Redevelopment Project Manager Farrelly. Open houses were held in July 2008 and
2009. The Code was discussed at several community events. The City Center Advisory Commission,
after the consultants reviewed the code amendments, spent several meetings discussing and making
some slight changes. The CCAC then endorsed the proposal. Property owners were notified of the
proposed land use rules. Planning Commission workshops and public hearings were held as well as
three City Council workshops.
Redevelopment Project Manager Fartelly said the proposed amendments meet all of Tigard's code
requirements: Community Development Code Chapters 18.380 and 18.390;and all of the goals found
in the Comprehensive Plan chapters,particularly Goal 15, Special Planning Areas Downtown. Staff has
found the proposal meets the Metro and State requirements including the Transportation Planning
Rule.
At the December 7 Planning Commission heating, the Planning Commission recommended approval
to the City Council of the proposed amendments.
Redevelopment Project Manager Farrelly said that at last week's City Council workshop,the Council
asked for additional information and different ways of looking at two issues. He referred to a page
entitled Downtomi Code Options distributed to the City Council. Another page entitled CPA 2009-00003,
DCA 2009-00005, ZON 209-0000 1, Downloim Code Errata was also distributed to the City Council.
TIGARD CITY COUNCIL—January 26, 2010
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S:08:41 Pini
Redevelopment Project Manager Farrelly said the Downtown Code Options were prepared in response
to last week's City Council workshop. The issue was raised that there was a lath:of language that would
permit higher-scale buildings in the Hall and 99W area that was envisioned in the Tigard Downtown
Improvement Plan. Redevelopment Project Manager Fatrelly advised that Oregon Department of
Transportation (ODOT) had expressed concern about how the City would address the Transportation
Planning Rule and,after solve preliminary review of numbers, staff did find there would have been a
significant number of trips to Hall and 99W. Compromises were reached. ODOT indicated they were
satisfied with the uhcreased density,but they proposed keeping the heights at the existing maximums in
the Hall and 99W area. ODOT did not require the City to do a traffic impact analysis. The upcoming
thigh-capacity transit land use plan would afford us the opportunity to look at higher-scale development
at this intersection as it is likely to become a station area.
8:10:42 PM
Redevelopment Project Manager Farrelly reviewed Option A of the Downtown Code Options. This
option world be to adopt the proposed Code,which would include the cornprornise worked out with
ODOT with the understanding we would have another chance to review and make changes with the
high-capacity transit land use plan.
Option B would be to adopt the proposed Code and direct staff to develop Code Ianguage that would
allow higher-scale development irh this area by instituting a trip cap or other methods. The City would
need to coordinate with its regional partners and the would likely be requited to do a traffic impact
study. The goal would be to bring back Ianguage to the City Council in six to eight months. There is a
possibility this would also need to be reviewed by the Planning Commission.
Option C would be to adopt the current version of the proposed Code, but remove the Hall and 99W
area from the Code language and direct staff to develop Code language that would allow higher-scale
development. The City would need to coordinate with regional partners and there might be a need for
significant staff and consultant time for a traffic impact study. As in Option B, the goals would be to
bring back language to the City Council in six to eight months.
Redevelopment Project Manager Farrelly reviewed Option C.2,which would be to approve a
Comprehensive PIan designation of Mixed-Use Central Business District in this sub area wlhile keeping
the zoning the same and d tecting staff to come up with a way to get the higher-scale development
desired.
8:12:47 PM
Redevelopment Project Manager Farrelly reviewed the options pertaining to open space. The current
Tigard Community Development Code requires multi-family development to provide a minimum of 48
square feet of private open space. The development examples that were worked on by the consultants
show that to get higher residential densities in the proposed zone,it would make it challenging to
develop viable projects that would accommodate 48 square feet of private open space for each unit.
Often residential developments do not have large patios off the ground floor and,in some cases, odd
lot configurations would not allow this. Other urban residential communities often have much smaller
balconies. For tis reason,it was proposed to reduce the private open space minimum to 32 square feet
along with a flexible solution requiring only 80% of the Cubits to have the private open space. This
would respond to the market demand for lower-cost apartments for those who do not want a balcony.
TIGARD CITY COUNCIL—January 26, 2010
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Councilor Buchner asked if landscaping was included in the option for the open space requirement.
Redevelopment Project Manager Farrelly said that in addition to private open space there is a shared
open space requirement for multi-family,which could take the place of a roof deck,recreation room,or
a pool.
5:1637 PM
e. Public Testimony
• Alexander Craghead, 12245 SW Hall Boulevard,Tigard, OR 97223, said the proposed code
amendment is an important keystone to implement redevelopment in downtown Tigard. He said it
has been a long process. He said he did not feel he was qualified to advise the City Council on the
option to choose regarding 99W/Hall Boulevard. He said it was a disappointment that ODOT
would not allow everything the City would like to have,but the important thing was that we would
get something done and then we could continue to champion the retraining elements die City
wants. He supported choosing those options which best achieve tie City's goal, Mr. Craghead said
the draft before the City Council is 95 percent of what the City Center Advisory Commission had
reviewed and it is in frill support of the proposal.
The Mayor and City Council members thanked Mr. Craghead and the other members of the City
Center Advisory Comtmission for all of their work on this matter.
f. Staff Recommendation
Redevelopment Project Manager Farrelly advised:
• Staff recommends the first option with respect to 99W and Hall Boulevard. He said he was
disappointed with not achieving the envisioned development for that area;however, the City will
have a chance to look at this again with the high-capacity transit land use plan. High-capacity transit
would definitely change the equation by allowing additional building height. It is staffs
understanding if the high-capacity land use plan endorses more dense development around station
areas,we would not have to wait until the light rail was operational(i.e., through use of trip caps).
In the interest of working with our regional partners (OD OT and Metro)in this TGM high-
capacity land use plan,Redevelopment Project Manager Farrelly recommended going with the
original proposal knowing we will have another opportunity and that it is unlikely drat any new
development will occur at that intersection in the next three years.
• With regard to the open space option,both options are both good. Option B presents more
flexibility and would offer a way to get lower-cost units.
• Staff recommends the City Council adopt proposed Comprehensive Plan amendment, Community
Development Code amendment,and Zoning Map amendment as determined through the public
hearing process.
• Staff reconunends City Council,if it approves die proposed amendments, also include the changes
as shown in the Downtown Code Errata distributed to the City Council.
Councilor Buchner asked if the City Council could pass the ordinance in a way so that another hearing
would not be necessary. Redevelopment Project Manager Farrelly said that if the were going to wait for
the high-capacity transit recommendations to come in, then the City Council would want to consider
Option A. If the City Council wants to direct staff not to wait, then Option B or C should be
TIGARD CITY COUNCIL—January 26, 2010 _
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considered. Mayor Dirksen pointed out another land use hearing would be required for any changes to
development requirements or allowances.
f. Council.Discussion
8:24:30 PM
Council President Milson advised he had additional questions. He said he was concerned that after
awhile the six-foot setback might look strange. He also said it might be a factor in whether a
development would"pencil out or not." Before such a regulation is imposed,his philosophy is that
there needs to be a compelling public interest to do so.
Council President Wilson said he took a photograph of the Dolan property and compared it to what
our Codes would allow, It looks as if this building would be allowed, for the most part. He said he
would like to have had more discussion on the type of materials used. It appears that the Code would
only prohibit the cheapest of building materials,which would not be used regardless. He asked for
comment on this. He added he remains concerned about the landscaping regulations,which he does
not think had been thought thtough carefully. Building height on Main Street is of concern,too (not
just Hall and 99W). He said it has been a long process and he agrees with 95 percent of the proposal,
but he would like to see a couple of things addressed. Council President Wilson asked the staff or
consultant to corrurnent on the setback and building materials issues.
Redevelopment Project Manager Farrelly commented on rhe setback concern. The original proposal
was for a 10-foot setback Higher scale buildings can create shadows and a canyon-like effect. Iaving
the setback would make it seem less overwhelming for the pedestrian. In the development-example
exercise,it was found that you would get the same effect by only being setback six feet and this would
cause less concern with the way units are stacked. Also, there is the opportunity for the private,open
space to be provided on that setback, so it would benefit the feasibility of development overall.
Redevelopment Project Manager Farrelly said the consultants did not look at building materials other
than there was no great feeling among the citizens that additional regulation was needed. The worst of
the worst was prohibited,but a case could be made for being more strict.
Redevelopment Project Manager Farrelly said the landscaping regulations did not have a lot of public
input. The extent of the public input was to find a way to bring the green of Fanno Creek Park-
throughout
arkthroughout the downtown and requiring trees in parking lots was thought to be a good way of
achieving this. Since the landscaping requirements are similar to what is being proposed for the rest of
the City,it would up to the City Council to determine if the landscaping regulations should be taken
through the public process.
Redevelopment Project Manager Farrelly addressed dle heights on Main Street. The City Center
Advisory Commission hada lively discussion on this issue. He said he tried to make the case for going
a little higher,but there was a strong feeling among many of the members that a three-story height limit
would preserve that Main Street"feel"and what was expressed within the Tigard Downtown
Improvement Plan.
8:31:39 PNI
Councilor Buehner asked if the landscaping portion could be deleted from the City Council's
consideration tonight so it could go through the process. Redevelopment Project Manager Farrelly
thought it could be deleted as Councilor Buehner suggested.
TIGARD CITY COUNCIL—January 26, 2010 _
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8:32:16 PM
There was lengthy discussion on the proposed alternatives prior to consideration of the motion for City
Council action. The meeting was recessed to give staff an opportunity to construct language,which was
incorporated in the City Council motion below.
' 9:00:09 PM
E Mayor Dirksen closed the public hearing.
g. Council Consideration:
Motion by Councilor Buchner, seconded by Councilor Webb,to adopt Ordinance No. 10-02, selecting
'Option B language in the Hall/99W Subarea, selecting an'-amended Option B on the Open Space
Option,'including the errata changes (distributed by staff to die City Council),and deleting provisions
relating to landscaping.
ORDINANCE NO. 10-02—AN ORDINANCE ADOPTING COMPREHENSIVE PLAN
AMENDMENT CPA 2009-00003,DEVELOPMENT CODE AMENDMENT DCA 2009-00005,
AND ZONING MAP AMENDMENT ZON 2009-00001,TO AMEND THE COMPREHENSIVE
PLAN, ZONING MAP,AND DEVELOPMENT CODE LANGUAGE FOR PROPERTIES
WITHIN THE TIGARD DOWNTOWN URBAN RENEWAL AREA AND PROPERTIES
WITHIN THE CENTRAL BUSINESS DISTRICT COMPREHENSIVE PLAN DESIGNATION
AS AMENDED: TO BE MODIFIED WITH 'OPTION B ON THE HALL/99W SUB-AREA,
AND 'OPTION B SO THAT PRIVATE OPEN SPACE PROVIDED TO A UNIT SHALL
HAVE- A MINIMUM OF 32 SQUARE FEET AND A MINIMUM DEPTH OF 4 FEET;TOTAL
PRIVATE OPEN SPACE PROVIDED SHALL BE BASED ON 28 SQUARE FEET PER UNIT
IN THE DEVELOPMENT;FURTHER THE ORDINANCE IS AMENDED TO INCLUDE
THE CHANGES IN THE'ERRATA SHEET,AND THE LANDSCAPE LANGUAGE (Section
18.610.020.B.5) IN THE PROPOSED ORDINANCE SHALL BE DELETED.
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
'Option B—Hall 99W/Sub-Area
Adopt the proposed code,including the compromise worked out with ODOT, and direct staff to
develop code language to allow higher scale development in the 99W/Hall sub-area by instituting a
trip cap, or other methods.
• The City will coordinate with its regional partners. Staff/consultant time will be needed for
a traffic impact study. The goal would be to bring the language back to Council in 6-8
months.
Open Space Option B (language as amended by City Council)
18.610.030.F.2. Mixed Use Buildings with Residential Units and Residential Only Multi-Family
Developments
TIGAR.D CITY COUNCIL—January 26, 2010
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a. Private Outdoor Space: For all residential-only buildings and mixed-use buildings with more than
four residential units,private open space such as a private porch,a deck a balcony,a patio,an atrium, or
other outdoor private area, shall be provided.
1. Total required private open space shall be based on an average of 28 square feet per unit in a
development.
2. In order to be counted into the open space average, the private open space provided to a unit shall
have a inini.tnu m of 32 square feet with a minunum depth of 4 feet
I The private open space provided shall be contiguous with the unit.
4. Balconies used for entrances or exits shall not be considered as open space except where such
exits or entrances are for the sole use of the unlit.
5. Balconies may project up to a irtaxinuin of four feet into the public right-of-way.
'Errata Sheet Changes:
Downtown Code Errata:
p.13, Section C.2 An addition, expansion, enlargement, modification, and/or site improvements
associated with such lawfully preexisting uses and structures shall be allowed provided the appliean
application for such proposed project moves toward compliance with the applicable development
code standards.
p. 16, Section 4.b—"For applications using Trach 3,variances and adjustments may be only be
granted....."
p. 22, Figure B.3, should read "Equipment set back min. 5 feet."
p. 27, Figure A.2-4 Residential (only) Building, c. should read "Max 4' balcony/deck projection"
and Figure A.24 Commercial/mixed Use Building, d. should read "Max 4' balcony/deck
projection."
p. 35, Number 3—"Intent. Build upon and improve Downtown Tigard's architecture by creating
an attractive and unified building facade that encourages ground floor activities, and creates�t
visually interesting facades and roofs."
'LANDSCAPE LANGUAGE (Section 18.610.020.B.5) IN THE PROPOSED ORDINANCE
SI-1AI L BE DELETED
S.Landseaping dSereening. in addition to thei!equi±ements of Chapfei 19.745 the fo4lewing shah Rise
apply v5 the sereeftiftg and hindseaping of pai46ng afid!aiding areas,
the 4ie1seape islands shaH be fi5tu feetand the lftfidsalpifT 9haH Be
-an seape�sktnds sin'All pwvide ft ffii��um of 1000 eubie feet of sail volume per tfee. 41is may he
aeltieved th±augh open sail (Bee definition) afea, root pftths (see definitief� te epeii seA . ,
efwefed sai4 -,�eas (see defifiidan) speeially designed to support reat growth. Soil depth wiH b
assutned to be d-ttee feet.
Ti--e speetes x1._-" he i...., e ._t......_„11........]
sea a
lines, .
5ystefn.
TIGARD CITY COUNCIL—January 26, 2010
City of Tigard 13125 SW Hall Blvd.,Tigard,OR 97223 1 503-639-4171 1 www.tigard-or.gov I Page 11 of 14
9:16:06 PM
Councilor Buehner left the meeting
5. CONSIDER AN ORDINANCE REPEALING AND REPLACING TIGARD MUNICIPAL CODE
(TMC) 7.74, EMERGENCY OPERATIONS,TO ESTABLISH AN EMERGENCY DECLARATION
PROCESS,TO ENABLE THE CITY TO ENACT TEMPORARY EMERGENCY MEASURES,AND TO
FORMALIZE THE SUCCESSION PLAN
a. Staff Report: Public Works Department
Emergency Management/Safety Coordinator Lueck presented the staff report. The new Code
language formalizes future emergency actions. The City established an.emergency program in die mid-
1950's. The Emergency Operations Plan was adopted in 1996 with an amendment adopted in 2008.
Late last year, elected officials received training and during the process of putting the training together,
staff discovered the current Tigard Municipal Code Chapter 7.74 was brief and limited the City
Council's emergency powers compared to surrounding jurisdictions. The proposed Code revisions
incorporates the current acknowledgements and adds language to establish City emergency declaration
processes and will give the Council and the City the authority to enact temporary emergency measures,
such as curfews, evacuations, and street closures. The proposed Code amendments foilnalizes the
City's executive succession plan,which was originally outline in the Emergency Plan. The City Council
could choose not to adopt the proposed ordinance but without the proposed revised language,the City
would continue to have limited ability to declare emergencies and impose temporary emergency
measures.
b. Council Discussion
In response to a question fiom Councilor Webb, Emergency Management/Safety Coordinator Lueck
advised this is primarily a housekeeping action to broaden the City Council's authority to enact
temporary emergency measures and to formalize the succession plan. Councilor Webb said tis
ordinance needs to be in order so we can communicate with other emergency responders.
Mayor Dirk-sen commented that events over the Iast decade,both natural and manmade disasters,have
identified a need for local governments to tape a more direct approach in having a plan to deal with
those kinds of events. F Ie advised that City of Tigard officials have participated in practice drills with
Washington County,which is the primary emergency responder in tie area. The County identified
specific problems in out Emergency Action Plan. Since then,the have been making these types of
improvements so the system would be truly functional if we should be faced with a real issue.
Councilor Henderson said he just completed his CERT training in Beaverton. We really need to be in
communication and practice would happen in die event of an emergency. The ordinance along with
tlhe proposed changes would give us leeway to review what needs to be done. He urged people within
our community to go through the CERT training.
TIGARD CITY COUNCIL—January 26, 2010
City of Tigard 13125 5W HA Blvd.,Tigard,OR 97223 1 503-639-4171 1 xvwxv.r7gard-or.gov I Page 12 of.i4
C. Council Consideration
Motion by Council President Wilson, seconded by Councilor Webb, to adopt 10-03.
ORDINANCE NO. 10-03 —AN ORDINANCE ADOPTING COMPREHENSIVE PLAN
AMENDMENT CPA2009-00003, DEVELOPMENT CODE AMENDMENT CDA2009-00005,
AND ZONING MAP AMENDMENT ZON2009-00001 TO AMEND THE
COMPREHENSIVE PLAN, ZONING MAP AND DEVELOPMENT CODE LANGUAGE
FOR PROPERTIES WITHIN THE TIGARD DOWNTOWN URBAN RENEWAL AREA
AND PROPERTIES WITH THE CENTRAL BUSINESS DISTRICT
The motion was approved by a unanimous vote of City Council present.
Mayor Dirksen Yes
Council President Wilson Yes
Councilor Buehner Absent
Councilor Henderson Yes
Councilor Webb Yes
6. COUNCIL LIAISON REPORTS
Councilor Webb announced that Project Homeless Connect for Washington County will start at 9 a.m.
tomorrow. This project extends services to those who are homeless. Last year more than 250 people received
services and it is anticipated this munber will be doubled this year. She will be attending and advised there will
be about 300 volunteers working on this project.
Councilor Henderson reminded everyone of the Tigard Transportation System Plan Update in the Library
Community Room at 6:30 p.m.
Mayor Dirksen advised that Bike Portland will have its monthly meeting at Max's Brew Pub tomorrow at 6:30
p.m.
City Recorder Wheatley announced there will be a "Council Coffee" on February 6, 9 a.m. in the Tigard Public
Library Common Area. Mayor Dirksen said this is an opportunity for citizens to informally meet with the
Mayor and City Council members to chat or biting up issues or concerns.
7. NON AGENDA ITEMS: None
8. - -CUTIVE SESSION: Not held.
9:25:09 PM
9:15 PPI
9. ADJOURNMENT
Motion by Councilor Webb, seconded by Councilor Webb, to adjourn the meeting.
The motion was approved by a unanimous vote of City Council present.
TIGARD CITY COUNCIL—January 26, 2010
Cit} of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 1 503-639-4171 1 xvw v.tigard-or.gov J Page 13 of 14
Mayor Dirksen Yes
Council President Wilson Yes
Councilor Buchner Absent
Councilor Henderson Yes
J Councilor Webb Yes
1 Li•
Cathetir Wheatley, City RecorderCJ
Attest:
f
Ma `ity o Tigard
Date: /-I. 2-. /2
1AAQMICATHY1 MC 201011001?6 final,dac
TIGARD CITY COUNCIL—January 26, 2010
City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 1�503-639-4171 1 www.tigard-or.gov Page 14 of M