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City Council Packet - 01/15/1991 CITY OF TIGARD OREGON TIGARD CITY COUNCIL. Q G E 1~i ® A BUSINESS MEETING JANUARY 5, 1991 6:30 o-ivi ' PUBLIC NOTICE.- Anyone wishing to speak 04 an agenda Item TIGARD CIVIC CENTER should sign on the appropriate sign-up sheet(s). If no sheet is 13125 SW HALL BLVD available, ask to be recognized by the Mayor at the beginning TIGARD, OREGON 97223 of that agenda item. Visitors Agenda items are asked to be H two minutes or less. Longer matters can be set for a future c-+ Agenda by contacting either the Mayor or the City Administrator. 6:30 P.M. • STUDY SESSION (6:30 p.m.) 7:30 1. BUSINESS MEETING (7:30 p.m.) 1.1 Oaths of Office - Municipal Court Judge Anthony Pelay, Jr. Terms of Office: January 1, 1991 - December 31, 1994 - Mayor Jerry Edwards - Councilor Carolyn Eadon - Councilor John Schwartz 1.2 Call to Order 1.3 Roll Call 1.4 Pledge of Allegiance 1.5 Election of Council President 1.6 Call to Council and Staff for Non-Agenda Items 7:50 2. 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: 2.1 Approve City Council Minutes: December 10 and 17, 1990 2.2 Receive and File: Council Calendar 7:55 3. DISCUSSION ITEM - SCHMIDT SANITARY SERVICE (Nonconforming use/underground storage tanks.) • Staff Report - Community Development ,o 4. VISITOR'S AGENDA (Two Minutes or Less, Please) CITY COUNCIL AGENDA - JANUARY 15, 1991 - PAGE 1 8:20 5. STATE OF THE CITY ADDRESS - Mayor Edwards C35 6. EXECUTIVE SUMMARY - City Administrator Reilly 8:a5 7. FIMPLOYEE SERVICE AWARDS 9:00 8. EMPLOYEES OF THE MONTH - 1990 9:15 9. SPECIAL RETIREMENT AWARD PRESENTATION - RON ROYSE, TIGARD POLICE RESERVES 9:25 10. NON-AGENDA ITEMS RECESS COUNCIL MEETING: RECEPTION FOR RECIPIENTS OF EMPLOYEE SERVICE AWARDS, EMPLOYEES OF THE MONTH, AND RETIRING POLICE RESERVE VOLUNTEER 9:50 11. EXECUTIVE SESSION: The Tigard City Council will go into Executive Session under the fiR provisions of ORS 192.660 (1) (d), (e), & (h) to discuss labor relations, real property fg, transactions, current and pending litigation issues. 10:00 12. ADJOURNMENT cca0115.91 CITY COUNCIL AGENDA - JANUARY 15, 1991 - PAGE 2 COUNCIL AGENDA ITEM NO. 3'I T I G A R D C I T Y C O U N C I -L MEETING MINUTES - JANUARY 15, 1991 6:30 p.m. 1. ROLL CALL: Present: Mayor Jerry Edwards; Councilors Carolyn Eadon, Valerie Johnson, Joe Kasten, and john Schwartz. Staff Present: Patrick Reilly, City Administrator; Keith Liden, Senior Planner (arrived at 7:00 p.m.); Ed Aiurphy, Community Development Director (arrived at 7:00 p.m.); Liz Newton, Community Relations Coordinator; Tim Ramis, City Attorney; and Catherine Wheatley, City Recorder. 2. STUDY SESSION Council President Mayor outlined the procedure stipulated in the City Charter calling for the election of a Council President. Councilor Johnson said she had been proud to serve as Council President over the last two years. There was discussion among Council concerning the office of president. Consensus was for support of Councilor Schwartz for the next two-year term. Councilor Schwartz acknowledged this support with comments of appreciation for the opportunity to serve. He said he thought it was important to rotate the presidency through the Council members. Council then agreed that a formal motion of nomination and vote should occur during the business meeting. Review of State of the City Address Mayor highlighted the major topics he would be covering in his State of the City Address. (The text of the Mayor's comments is filed with the Council meeting packet material.) Update on 30th Birthday Celebration Preparation Community Relations Coordinator updated City Council on preliminary plans to celebrate the City's 30th birthday. The ( CITY COUNCIL MEETING MINUTES - JANUARY 15, 1991 - PAGE 1 actual birthday date is September 11 with the celebration planned for a three-day period, September 6 - 8, 1991. Community Relations Coordinator outlined the following ideas: 9/6 (Friday) - "Doing Business in Tigard" featuring businesses (i.e. , trade show sponsored by r__ade' _ the Chamber of Commerce) 9/7 (Saturday) - "Growing Up in Tigard" featuring events for children. Tigard/Tualatin School District will be helping plan this day. Some events discussed include a parade, contest-s, and attractions at Cook Park. 9/8 (Sunday) - "Living in Tigard" - featuring events at the Library and Senior center with participation from groups such as the Arts Commission for Tigard, Tualatin, and Sherwood. Council endorsed the plans to date and discussed the possibility of making this an annual celebration if there was community support. Community Relations Coordinator advised she would be seeking help from community organizations and would be establishing a Committee. City Administrator urged participation from Council via a liaison to the Committee. t Other Issues Councilor Johnson commented on the following items: • She urged Council to keep informed about proposals drawn up by Metro Greenspaces. • She noted NPO 3 approved a motion in support of a solar access ordinance. She questioned whether the NPO was advised of some of the concerns surrounding an ordinance of this type. Senior Planner Liden explained that he reviewed the model ordinance with the NPOs and that Council will be reviewing a proposed ordinance in a public hearing forum in the near future. • She advised she had discussed the County-wide Traffic Impact Fee now in effect with Jim Nicoli. The Mayor advised he had received a letter from Mr. Nicoli outlining a number of concerns. Staff is preparing a response. CITY COUNCIL MEETING MINUTES - JANUARY 15, 1991 - PAGE 2 3. OATHS OF OFFICE Municipal Court Judge Anthony Pelay, Jr., administered the oaths of office as follows: r Terms of Office: January 1, 1991 - December 31, 1994 - Mayor Jerry Edwards - Councilor Carolyn Eadon - Councilor John Schwartz 4. ELECTION OF COUNCIL PRESIDENT a. Motion by Councilor Johnson, seconded by Councilor Kasten, to nominate John Schwartz as Council president for a two-year term commencing immediately and ending December 31, 1992. b. Councilor Johnson noted it had been an honor to serve as Council President for the last two years and that this honor should be rotated through the Council. C. The motion was approved by a unanimous vote of Council present. d. Councilor Schwartz thanked the Council for their support. 5. CONSENT AGENDA: Motion by Councilor Kasten, seconded by Councilor Johnson to approve the following Consent Agenda items: 2.1 Approve City Council Minutes: December 10 and 17, 1990 2.2 Receive and File: Council Calendar The motion was approved by a unanimous vote of Council present. City Administrator confirmed that the January 29, 1991, meeting had been canceled. 6. DISCUSSION ITEM - SCHMIDT SANITARY SERVICE (Nonconforming use/underground storage tanks.) • Keith Liden reviewed the staff report submitted to Council. Councilor Eadon questioned whether there were legal problems with the process over the years. City Attorney advised he had not thoroughly reviewed the information contained in the staff report and would need additional time to respond to the question. CITY COUNCIL MEETING MINUTES - JANUARY 15, 1991 - PAGE 3 ' i a • Mayor called for further questions. There being none, he advised the Council accepted the report into the record. 7. VISITOR'S AGENDA Nancy Tracy; 7310 S. W. Pine, Tigard, Oregon noted concerns and asked for clarification on Sensitive Lands Review procedure. (See letter contained in council packet material.) Community Development Staff will respond in writing to Ms. Tracy's concerns. • Marylin Hauer, 11495-A S.W. Greenburg Road, Tigard, Oregon 97223, former property owner next to Schmidt's Sanitary Sewer Service on Ross Street outlined her concerns with the expansion of the Schmidt's non- conforming use. (See Mangold testimony below.) • Steve and Debbie Mangold, 8275 S.W. Ross Street, Tigard, Oregon noted concerns with the Staff Report on the Schmidt's Sanitary Service issue (See Item No. 6 above). The staff report is contained in the Council packet material. Mr. and Mrs. Mangold advised their major concerns were with the expansion of the non-conforming use and whether proper notification of residents had been done at the time the expansion of the business was allowed. Accompanying the business activity were problems with noise and odors from the garbage trucks. Mrs. Mangold also advised that the Department of Environmental Quality was investigating because of reports that the garbage trucks are being rinsed out at this site. Councilor Johnson responded to the Mangolds' testimony acknowledging their anxiety resulting from living next to a commercial use. She noted, however, that the business has been at this site since 1949 and predated land use laws now applicable to the area. There was discussion of notification requirements and that process had been followed with regard to expansion of the non-conforming use. Mayor summarized the discussion and concerns: • DEQ violations would be handled by the appropriate agency. • He urged the Mangolds continue to discuss issues with staff. CITY COUNCIL MEETING MINUTES - JANUARY 15, 1991 - PAGE 4 • Noise concerns could be addressed through the Noise ordinance provisions. A copy of the ordinance will be given to the Mangolds. 8. STATE OF THE CITY ADDRESS - Mayor Edwards • The text of Mayor Edwards' speech is filed with the Council packet material. 9. MM-CUEFTIVE SUMMARY - City Administrator Reilly • The Executive Summary is filed with the Co,:r:cil raacket material 10. EMPLOYEE SERVICE AWARDS • Mayor Edwards presented the following awards: Five Years of Service (Framed Key to the City): Colleen Asp (Administrative Services - Court) Kathy Davis (Library) Laura Freeman (Community Development) Howard Gregory (Field Services) Peter LeFranchise (Police Department) John Roy (Field Services) Gary Wayt (Police Department) Valerie Yunker (Library) Fifteen Years of Service (Plaque and Gold Key to the City Tie Tack): Karrin Hawes (Library) Robert J. Newman (Police Department) .Twenty Years of Service (Gold-with-Diamond Key to the City Tie Tack) Thomas Killion (Police Department) 11. EMPLOYEES OF THE MONTH - 1990 • Mayor Edwards presented a gift of appreciation and acknowledgement to the following 1990 Employees of the Month: Terry Tourney (Finance Department) - January Paul Johnson (Police Department) - February Nadine Robinson (Admin. Services/ Court & Records) - March Katie Hagan (Library) - April CITY COUNCIL MEETING MINUTES - JANUARY 15, 1991 - PAGE 5 R. J. Newman (Police Department) - June Alice Carrick (Field Services) - July Joy Cooper (Library) - August Donna Corbet ( irance Department) - September Jeff Munro (Field Services) - October Jeannie Fitterer (Admin. Services/ Ofc. Services - November Richard Nelson (Field Services) - December 12. SPECIAL RETIREMENT AWARD PRESENTATION - RON ROYSE, TIGARD POLICE RESERVES • Special retirement presentations were given to Ron Royse by Mayor Edwards, Chief of Police Ron Goodpaster, and members of the Tigard Reserve Officers Program. Ron Royse was sworn in as a Reserve Officer in Tigard in 1979 and was promoted to Reserve Sergeant in 1981 and then to Reserve Lieutenant on March 24, 1982. Ron donated in excess of 2,500 hours of service to the City of Tigard. Ron left a legacy to the other Reserve Officers of hard work and commitment to the Tigard Police Department. He was instrumental in shaping the Reserve Unit and making it a professional organization which greatly assists the regular Department. 13. EXECUTIVE SESSION: Canceled. 14. ADJOURNMENT: 8:45 p.m. ~04e6E620'-- Catherine Wheatley, City Record 'fr A tE. 7 erald R. Edwards, Mayor Date: oc' ha lql cu/con115.91 CITY COUNCIL MEETING MINUTES - JANUARY 15, 1991 - PAGE 6 TIMES PUBLISHING COMPANY N tlcsTr 7798 P.O. BOX 370 PHONE (503) 684-0360 BEAVERTON. OREGON 97075 Legal Notice Advertising • JAN 2. ❑ Tearsheet Notlc f, The following meCtjn$ lnfox.nation'is prfbllshed for your,inform8tion.. . Fdither inforinatton may be obtained:from the City itecouir, ~13129~ SSW. .01 city of " ❑ Duplicate Affida 'Hall Boulevard, Tigard, Oregon 972'x; or'by ca7luig 639-0171 • PO BOX ~Zi • Tigard, or 97223 • CITY COUNCIL BUSIN ISS MEETING JANUARY 15,1991 (3Q P,M., • ; TIGARD_ CIVIC CENTE11 TOWN HALL 13125 S W;-HALTZ BOULEVW, TIGARD, OREGON ; Oaths of Office foi'the Following Elected AFFIDAVIT OF PUBLICATION ` Officials (Terms of Office January 1, 1991 December.31,1994): ' . STATE OF OREGON, )ss - Major Jerry Edwards COUNTY OF WASHINGTON,) Councilor Carolyn Won Councilor Johii' Schwartz I Judith Koehler • Election of Council President . being first duly sworn, depose and say thi}) I am thl~eertismg State of the CityAddress Mayor Director. or his principal clerk, of the 1LY1 d • ExecuttveSummary-City Administrator a newspaper of general circulation as defined in ORS 193.010 • Employee'Service~►Wards and 193.020; published at '`I aard in the • Recognition 6f-1990.City Employees of this Month s gresnid co411tY nd ,state; thhaat the • Spa: ial Retirement Award PiesentPtion Roy Royse, ' Ll unci usiness Meetin Tigard Police Reserves • 17iscussion Item SchmidtkSailitary Semce a printed copy of which is hereto annexed, was published in the (Nonconforming aWunk g-T~4und Storage tanks) c • Executive Session The`Tlgard CitiiCouncilw;go ; entire issue of said newspaper for )ne-----successive and visions of ORS {tiF 09, xecutive; Sessiiin iiiider the"pro consecutive in the following issues: 192660 (1) (d); (e), & (h) to disco labs 10 1991 relations; iw, praPe ity flansactionsti current and ` µ ± January , ppeenndingg litigation issttesr} _ r Lacal,ContractReviepiBoard t ' TT7798 Publish lah-- -10.1991 10th day of January 1991 Subscribed and sworn to before me this r 7Q OFFICIAL SEAL 8EVERLY IL THOMAS 0 Notary Public for Oregon :c.. NOTARY PUBLIC - OREGON _ COMMISSION NO .000352 My Commission Expires: ~ - /b , / 9 g MY COMMISSION EXPIRES JULY 15,199 AFFIDAVIT AGENDA ITEM NO. 4 - VISITOR'S AGENDA DATE: 1/15/91 (Limited to 2 minutes or less, please) Please sign on the appropriate sheet for listed agenda items. 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. Please contact the City Administrator prior to the start of the meeting. Thank you. NAME & ADDRESS TOPIC STAFF CONTACTED 'T3 o sVj - irte11 Tr ~ ark R 8722 S R r C ,OC avt. K,& I A-t+\ .c~ 72 a. r tG-~r1tL t- 1 i i OATS' OF OFFICE State of Oregon ) City of Tigard ) I, Gerald Edwards, do solemnly swear,that I will uphold and support the Constitution and laws of the United States of America and the State of Oregon and the Charter and ordinances of the City of Tigard. I will faithfully, honestly, and impartially discharge the duties of office of Mayor during my continuance therein to the best of my ability, so help me God. I further affirm that I am not now, nor have I ever been at any time, a member of any organization advocating the overthrow of the United States Government ' Gerald E ards, Mayo ATTEST: Anthony Pelay, Jr. M icipal Court Judge /~?Cll Dat ca.oath OATH OF OFFICE State of Oregon ) City of Tigard ) I, Carolyn Radon, do solemnly swear that I will uphold and support the Constitution and laws of the United States of America and the State of Oregon and the Charter and ordinances of the City of Tigard. I will faithfully, honestly, and impartially discharge the duties of office of Councilor during my continuance therein to the best of my ability, so help me God. I further affirm that I am not now, nor have I aver been at any time, a member of any organization advocating the overthrow of the United States Government. Carolyn Eadon, uncilor Council Position 3 ATTEST: Anthony Pela , Jr., Muni ipal Court Judge 14 Dat cw.osth OATH OF OFFICE State of Oregon ) City-of Tigard ) I, John Schwartz, do solemnly swear that I will uphold and support the constitution and laws of the United States of America and the State of Oregon and the Charter and ordinances of the City of Tigard. I will faithfully, honestly, and impartially discharge the duties of office of Councilor during my continuance therein to the best of my ability, so help me God. I further affirm that I am not now, nor have I ever been at any time, a member of any organization advocating the over6,11row of the United States Government. Jo Schwartz, Councilor Co cil Position 4 ATTEST: 6 An hon Pelay, J I., Municipal Court Judge D e cw.oath t COUNCIL AGENDA ITEM i MEMORANDUM CITY OF TIGARED-j OREGON TO: Honorable Mayor and City Council FROM: Patrick J. Reilly, City Administrator/ DATE: January 5, 1991 SUBJECT: COUNCIL CALENDAR, January - March 191 Official Council meetings are marked with an asterisk If generally OK, we can proceed and make specific adjustments in the Monthly Council Calendars. January '91 1 Tue New Years Day - City Offices Closed *15 Tue Council Business Agenda (6:30/7:30) - State of the City Address; Executive Summary; Election of Council President; Employee Service Awards & Reception 16 Wed Eggs & Issues - (7:30 a.m.) - Elmers 21 Mon Martin Luther King, Jr. Day - Cite Offices Closed *22 Tue Council Study Agenda (6:30/7:30) *29 Tue Meeting Cancelled February '91 *12 Tue Council Business Agenda (6:30/7:30) 18 Mon President's Day - City Offices Closed *19 Tue Council Study Agenda (6:30) 20 Wed Eggs & Issues - (7:30 a.m.) - Elmers *26 Tue Council Business Agenda (6:30/7:30) March '91 *12 Tue Council Business Agenda (6:30/7:30) *19 Tue Council Study Agenda (6:30) 20 Wed Eggs & Issues - (7:30 a.m.) - Elmers *26 Tue Council Business Agenda (6:30/7:30) cccal Council Calendar - Page 1 COUNCIL AGENDA ITEM NO. MEMORANDUM TO: Ed Murphy, Community Development Dept. Director FROM: i eitai I iden, Senior Planner RE: Schmidt's Sanitary Service Case Nos. SDR 89-22/V 89-26 and SDR 90-23 DATE: December 28, 1990 At the December 10, 1990 City Council meeting, Marilyn Bauer and Debbie Mangold appeared during the visitors agenda to express concerns about the Schmidt's Sanitary Service operation located at 8325 S.W. Ross Street. The Council directed staff to prepare a report for the January 15, 1991 Council meeting summarizing the issues and events relevant to this business. The following outline and attached exhibits summarize the events that have occurred and apparently prompted Marilyn Bauer and Debbie Mangold to appear before the Council. This is followed by a response regarding the concerns raised by these individuals. SUMMARY General Background Schmidt's Sanitary Service was established on the property in 1949 and has been in continuous operation since that time. The Schmidt property and parcels to the north were annexed into the City on March 15, 1967 (Ordinance No. 67-20). Properties to the east and south, including the Bauer residence, were annexed in 1982. Because the business was legally established in Washington County prior to annexation and not permitted in the residential zone that was applied by the City upon annexation, it became a nonconforming use. Such uses are allowed to continue provided they do not expand. Following annexation, the City did not monitor the activities on the Schmidt property and to my knowledge, no complaints were filed regarding the operation. In 1983, a permit was granted for a new, 1,000 square foot shop building for the purpose of maintaining the company trucks. This permit was issued when there was no limit on the size of accessory structures in residential zones, however, the Planning Division should have been notified because it constituted an expansion of a nonconforming use. Site Development Review/Variance Application The Planning Division began receiving complaints about the + operation in the spring of 1989. Following conversations and correspondence between the neighbor to the east (Bauer), Schmidt 's, and the Planning Division, it was agreed that Schmidt's would submit an application for a Site Development Review and Variance to expand the nonconforming use and improve the buffering between the business and the neighborhood. During- the review of the application (SDR 89-22/V 89-28, see Exhibit A).in the summer of 1989, a site plan for the business and conditions of approval were reviewed by the Bauers, Schmidts, NPO 5, and the staff. Following an agreement in principle, the Director's decision was issued for approval of the application subject to the approved site plan and conditions of approval. Notice of the decision was sent to property owners within 250 feet of the property, including the Bauers. No appeals were filed. During the months that followed, the Schmidt's proceeded to meet the conditions of approval following the approved site plan. The fuel tanks were required to be removed by October, 1990. Request to Keep the Fuel Tanks In mid-September, 1990 Larry Schmidt discussed the possibility of retaining the underground fuel tanks that were required to be removed by October, 1990. He was advised by the Planning staff that he would have to submit a new Site Development Review application to revise this requirement. This application (Site Development Review SDR 90-23) was received in mid-October and a Director's decision (see Exhibit B) to deny the request was issued on December 6, 1990. The decision required the removal of all underground tanks on the property and required that any new tanks have a minimum setback of 100 feet from all property boundaries. Community Development Code Section 18.104.040 F. permits underground tanks in all zoning districts. Fuel Tanks Removed The Schmidts have removed the three underground fuel tanks. On a site visit on December 13, 1990, the tanks were empty and on the ground behind the front fence. They appeared to be new and in excellent condition. Andree Pollack of DEQ indicated to the staff on December 27, 1990 that the tanks had been satisfactorily removed. A soil test was taken which showed a minimal amount of soil contamination had occurred which was well below DEQ's most stringent standard and therefore no clean-up work was necessary. He said that a minimal amount of surface contamination had occurred due to fuel spillage but that the Schmidts were properly treating this small amount of soil. The Schmidt's are required to submit a soil treatment report to DEQ for its final review (Exhibit C). STAFF RESPONSE The issues raised by Mrs. Mangold and Mrs. Bauer pertained to the fuel tanks and the expansion of the business. Fuel Tanks The fuel tanks were ordered to be removed in the most recent Site Development Review decision (SDR 90-23). The Schmidts have removed them and DEQ has confirmed that all pertinent regulations and standards are in the process of being satisfied. If the concern is based upon the possibility that a new tank could be installed on the property, Section 38.104.040 F. of the Community Development Code allows the installation of underground fuel tanks in all zoning districts. The Schmidts are entitled by the Code to have an underground fuel tank. The recent Director's decision (SDR 90-23) required the removal of the existing three tanks because of the compatibility problems caused by their location near the eastern property line. The 100 foot setback requirement for any future tanks is designed to prevent a recurrence of this compatibility issue. Business Expansion The staff indicated to the Bauers and the Schmidts that because some expansion had occurred since annexation, there were two possible options for resolving this issue: 1. Have the City enforce the Code provisions for nonconforming uses and attempt to reduce the magnitude and location of the business on the property to what it was at the time of annexation. The City would not have the authority to force the closure of the business. 2. Grant a site development review and variance to allow a rearrangement and minor expansion of the business with the intent of addressing the compatibility issues which had been identified. The first Director's decision (SDR 89-22/V 89-26) included the granting of a variance to expand the business when the Code does not permit the expansion of a nonconforming use. A number of conditions of approval were applied which included the provision of solid wood fencing between 6 and 8 feet in height to provide screening and the redevelopment of the use to comply with a site plan the had been reviewed in advance by the Schmidt's and Bauer's prior to the release of the Director's decision. The decision limited the extent of the expansion by identifying the size and location of specific areas which could be used for various aspects of the business. This approach was deliberately taken because 1) measuring expansion in terms of numbers of employees or containers, the size of equipment etc. is difficult to quantify and 2) the primary complaint the Bauers had related to the close AV, t proximity of the business to their property. The identification of specific locations for truck and equipment storage; employee parking, fa cing, and driveways was intended to move the business activity away from the eastern property boundary in a manner where compliance with conditions of approval can be easily determined. The staff has visited the Schmidt property several times during the past year and with the exception of one container that was in the wrong location, has always found it to be in compliance with the conditions of approval. SDR90-23.MEM/kl i CITY OF TIGARD j NOTICR OF DECISION `i SCMXVr`S SANITARY SIM 1C1S SITE DEVELOPMENT REVIEW SDR 89-22 ARID VARIBNCB V 89-28 APPLICATION: Request for Site Development Review approval to allow the expansion and relocation of a nonconforming sanitary service business. Zone R-4.5 (Residential 4.5 units per acre) Location: 8325 SW Ross Street (WCTM 2S1 12CB, tax lot 900). DECISION: Notice is herby given that the Community Development Director's designee has APPROVED the above described application subject to certain conditions listed on pages 4 and 5 of this report. The findings and conclusions on which the decision is based are noted below. A. FINDING OF FACT 1. Background Schmidt's Sanitary Service, which occupies the site, has been operation since 1949. The company has a franchise agreement with the City to operate a sanitary service. The six acre property is the result of a minor land partition which was approved in 1979 (File No. MLP 2-79). The northern parcel created by this partition was later developed as LaMancha Estates subdivision. Over the years, the business has expanded slightly and recently complaints have been received pertaining to its operation. The present zoning does not allow a business of this type and therefore, is it considered as nonconforming use. The Tigard Community Development Code does not allow for expansion or relocation of such uses. This application has been submitted in an attempt to address the concerns that have been raised relating to this operation. 2. Vicinity Information Properties to the north, east, and west are zoned R-4.5. Property to the south is zoned R-7 (Residential 7 units per acre).' A single family residential subdivision abuts the property on the north and a second subdivision lies to the west on the opposite side of Hall Boulevard. Small acreage homesites and vacant parcels are situated to the south and east. Hall Boulevard is classified as a arterial street and Ross Street is a local street. 3. Site Information and Proposal Description The six acre site contains a house, shop, garage, and two barns in the southeast corner of the property. The shop building and the two barns have setbacks ranging from five to ten feet from the eastern property line. NdrICH OF DECISION - SCBKIDT'S SANITARY SERVICE (SDR 89-22/V 89-28) PAGE 1 - ~X~l$IT A The applicant is proposing the following amendments to the way the existing site is being used: a. A gravel employee parking area will be provided along the eastern property boundary using the existing solid wood fence for screening. b. The storage area for drop boxes, containers, and recycling and part of the operation will be moved from the east to a new area immediately north of the existing residence. C. An eight foot, solid wood fence shall be constructed around the new storage/operations area and additional fencing will be provided along the eastern property line to match the existing fence. d. A new pole building will be constructed to the northeast of the existing house to accommodate five to six trucks. e. A new driveway will be installed to the west of the existing residence to provide improved access to the new operations area. -f. The fuel tank near the eastern property line shall be decommissioned in accordance with DEQ regulations by October, 1990. g. A variance has been requested to allow the moderate expansion and relocation of the sanitary service business on the property and also to allow for gravel surfacing of the parking and driveway areas. 4. Agency and NPO Comments The Engineer Division has the following comments: a.. The site fronts on SW Ross Street, a local street with an existing 40 foot wide right-of-way but requiring a 50 foot right-of-way. b. SW Ross Street drains to a depression on the north side of the street, east of the site. Improving the street will require providing drainage that cannot be accomplished with improvements along the frontage of this site. Furthermore, there is a proposal to realign SW Ross Street along the frontage of the site. Consequently, the construction of street improvements along the SW Roas Street frontage is not presently feasible and a future improvement guarantee will be required I C. The western portion of the site fronts on SW Hall Boulevard and is expected to remain vacant until developed as a residential subdivision. Street improvements should be constructed along the SW Hall Boulevard frontage upon future development of the site. NOTICE OF DECISION - SCHMIDT•S SANITARY SERVICE (SDR 89-22/V 89-28) PAGE 2 . ~ r d. SW Hall Boulevard is an arterial street requiring a right-of-way of 45 feet from centerline. The existing right-of-way of 30 feet from centerline should be widened to the full width upon future subdivision of the site. e. State Plumbing Specialty Code requires drainage from roofs and pavement areas to a public stormwater drainage system or an on site system designed to prevent runoff on the adjacent property. A public system is not available so on site disposal should be required. The proposed parking area and driveway will not require on site disposal unless paving is required. f. The proposed improvements will not require additional public sanitary sewer improvements. The Building Division indicates that building permits will be required for the new structures including the eight foot fence. The Tualatin Valley Fire and Rescue Department indicates that hydrant protection, access, and building design shall comply with Uniform Building and Faire Codes. Detailed plans shall be submitted to the department for review and approval. Portland General Electric, General Telephone, and the Tigard Water District have no objections to the proposal. NPO 5 has no objection to the request. However, it is noted that endorsement of this project is primarily dependent upon the willingness of Schmidt's Sanitary Service to thoroughly comply with all criterian affecting their business expansion. The NPO believes that special emphasis should be given to the conditions outlined in the application addendum dated August 31, 1989. No other comments were received. B. ANALYSIS AND CONCLUSION The proposal is consistent with Community Development Code standards for building setbacks and height, lot coverage, landscaped area, parking area, vision clearance, and access. Additional discussion is warranted relating to the fuel tank and the variance request for relocating a nonconforming use and for providing gravel surfacing for the parking/storage area and driveways. 1. Fuel Tank New regulations have been adopted by the Oregon Department of Environmental Quality which regulate the installation of new fuel tanks as well as the eventual upgrading of existing underground fuel t, NOTICE OF DECISION - SCHKIDT'S SANITARY SERVICE (SDR 89-22/V 89-28) PAGE 3 . Y tanks. The new regulations will require that Schmidt's Sanitary Service provide evidence of financial responsibility in the event of any spill or contamination caused by the fuel tank. The applicant has indicated that in order to comply with this regulation, the fuel tanks will be removed by the October, 1990 deadline. 2. Variance Request a. Criteria for granting a variance In order to grant a variance, it must be shown that the proposal does not conflict with policies and standards in the Comprehensive Plan or other applicable standards, that special circumstances exist which are pecular to the property, that the proposed use will be the same as what is permitted by the zone and that the Code will be maintained to the greatest extent possible, that there will be no adverse affect on existing physical and natural systems, that the hardship is not self imposed, and that the variance requested is the minimum variance which would eleviate the hardship. b. Expansion/relocation of a nonconforming use Schmidt's Sanitary Service is presently allowed as a nonconforming use because since it is was legally established and the zoning regulations subsequently were 4L changed to no longer permit the use. Chapter 18.132 of the Code permits such uses to be continued but it prohibits their expansion. During the past several years a number of improvements have been made in the southeast corner of the property which have caused conflicts with the adjoining residential uses. The proposed relocation of the majority of the operation, along with a minor expansion to allow vehicles to be parked inside, represents an effort on behalf of the applicant to achieve greater overall compliance with the Code especially in relation to setback area and buffering standards. The existing and additional site-obscuring fencing and the new pole building will act to reduce the visibility of the business as well as noise that is created from the operation. This modification is the minimum variation from the Code that would still allow a reasonable continuation of the business and reduce the magnitude of the existing compatibility issues. It is the position of the staff that this represents an interim use which will eventually be replaced by residential development.. Also, this is a one time adjustment and future expansion must be considered through the variance procedure as an expansion of a non-conforming use. NOTICE OF DECISION - SCHMIDT'S SANITARY SERVICE (SDR 89-22/V 89-28) PAGE 4 OWN_ low ~ f c. Gravel parking and loading areas Given the special circumstances of this property and the particular uan contemplated, the granting -F ~ varl:nce is a reasonable solution to this situation for several reasons. First, the property is designated for single family residential development and considering the size of the property and the relatively minor amount of existing development, it appears very likely that the property will be redeveloped in the future. Paving the site for a use that does not represent the ultimate development of the property would constitute a hardship. Second, the variance will not adversely affect the surrounding properties. Due to the location and proposed screening of the proposed gravel areas, they will be hidden from view and will not visually degrade the area. Also, the slope of the property is gentle and storm drainage will be easily contained. Third, the majority of the gravel area will be used for the storage of drop boxes and containers and the amount of traffic will be minimal. The existing driveway is paved and the proposed driveway apron should be as well since it will become the primary entrance and exit to:the site. C. DECISION The Planning Director's designee APPROVES SDR 89-22/V89-26 subject to the following conditions: 1. Additional right-of-way shall be dedicated to the Public along the SW Ross Street frontage to increase the right-of-way to twenty five (25) feet from the centerline. The description shall be tied to the existing right-of-way centerline. The dedication document shall be on City forms and instructions are available from the Engineering Division. STAFF CONTACT: John Hagman, Engineering Division (639-4171). , 2. An agreement shall be executed by the applicant, on forms provided by the City, which waives the property owner's right to oppose or remonstrate against a future Local Improvement District formed to improve SW Ross Street. STAFF CONTACT: Jon Feigion, Engineering Division (639-4171). 3. The applicant shall provide for roof drainage by an on site system designed to prevent runoff onto the adjacent property. STAFF CONTACT: Brad Roast, Building Division (639-4171). 4. The necessary building permits shall be obtained from the Building Inspection Division for the new pole building and any fencing that is over 6 feet in height. STAFF CONTACT: Brad Roast, Building Division (639-4171). NOTICE OF DECISION - SCHMIDT-S SANITARY SERVICE (SDR 89-22/V 89-28) PAGE 5 ' elm I, 5. The employee parking, outdoor storage area, solid wood fencing, pole building, and new driveway shall be installed as indicated on the submitted site plan by January 31, 1990. STAFF CONTACT: Keith Liden, Planning Division (639-4171). L~ , 4fl~ 6. The underground fuel tank shall be removed or decommissioned in accordance with state and federal requirements by October 31, 1990. STAFF CONTACT: Keith Liden, Planning Division (639-4171). 7. A street opening permit shall be obtained from the Engineering Division prior to constructing the driveway described in condition 5. above. The driveway apron shall be paved. STAFF CONTACT: John Hagman, Engineering Division (639-4171). 8. The area occupied by the business shall not expand beyond the areas shown on the approved site plan that was submitted as part of this application. STAFF CONTACT: Keith Liden, Planning Division (639-4171). D. PROCEDURE 1. Notice: Notice was posted at City Hall and mailed to: The applicant and owners owners of record within the required distance The affected Neighborhood Planning Organization Affected government agencies 2. Final Decision: THE DECISION SHALL BE FINAL ON O~4 100 81 UNLESS AN APPEAL IS FILED. 3. Atpyeal: Any party to the decision may appeal this decision in accordance with Section 18.32.290(A) and Section 18.32.370 of the Community Development Code which provides that a written appeal must be filed with the City Recorder within 10 days after notice-is given and sent. Appeal fee schedule and forms are available at Tigard City Hall, 13125 SW Hall Blvd., Tigard, Oregon. The deadline for filing of an appeal is 3:30 p.m. C.A5 r~ . 1.19-1 NOTICE OF DECISION - SCHMIDT•S SANITARY SERVICE (SDR 89-22/V 89-28) PAGE 6 _ 1 x t a>~ 4's.~ wogq ~ ~ ~ i ~ e ~ E ~ E 1 t ~ l~r~i ~ ~ . ~ - ~i► ~ ~ ~ ~n[W !j'~t ~ ~ '1° ~ ; Pw.E ~dw Wr ti~l► 6LOb. ""'y ❑ .rte 1 ~ ~ I x i I r ~ x ~ o ~ o y I 0 ° / / ` ~ I a4 6 x w~ . ~ / . ~ ~ x- ~ / ~ i. / 1 xzoo.7 S. W. ROSS ST. 1 ~ ' N o ~'b~~ ~;5a~ .o O ~ i ~ 1-15-91 AGENDA #3 , ' 1 OF 1 i , q ~ , v. r.-.z ~ - _ NDIE:' IP iN38 MiCd18F111F~n°f' . , ~ . , , , ~ Q ! ~ . _ . r.,, - - ORMID6 iS tE88 ' ' , , , ~ y . . + . a i ~ ___..,L.. n+is:~nr . . ~ _ , ~ TY OF llf ORialNAL . , . , ~ , A16 _ ~ ,ti _ ~ ~ ~ ~I t F. J ~ ; ~ ~ {r... u-- xa: N ~ : iL 1 ~ . _ k, _v _ , , r ..7i- _ ~ . , w,; , ~ t ~ Y~; _ , 'c JJ CITY OF TIGARD NOTICE OF DECISION SCHMIDT'S SANITARY SERVICE SITE DEVELOPMENT REVIEW SDR 90-23 APPLICATION: Request for Site Development Review approval to allow an amendment to the approved site plan for the expansion of a nonconforming sanitary service business. Zone R-4.5 (Residential 4.5 units per acre) Location: 8325 SW Ross Street (WCTM 2S1 12CB, tax lot 900). DECISION: Notice is hereby given that the Community Development Director's designee has DENIED the above described application. The findings and conclusions on which the decision is based are noted below. A. FINDING OF FACT 1. Background Schmidt's Sanitary Service, which occupies the site, has been operation since 1949. The company has a franchise agreement with the City to operate a sanitary service. The six acre property is the result of a minor land partition which was approved in 1979 (File No. MLP 2-79). The northern parcel created by this partition was later developed as LaMancha Estates subdivision. Over the years, the business has expanded slightly and complaints have been received in recent years pertaining to its operation. The present zoning does not allow a business of this type and therefore, it is considered as a nonconforming use. The Tigard Community Development Code does not allow for expansion or relocation of such uses. In order to address these concerns and the business' desire to expand, an application was submitted in an attempt to allow for a modest enlargement of the area used for the business and address the compatibility issues that had been raised. This application (Site Development Review SDR 89-22 and Variance V 89-26) for expansion was approved subject conditions which delineated the areas that could be used for various aspects of the business and required the removal of the underground fuel tanks by October, 1990. 2. Vicinity Information Properties to the north, east, and west are zoned R-4.5. Property to the south is zoned R-7 (Residential 7 units per acre). A single family residential subdivision abuts the NOTICE OF DECISION - SCHMIDT (SDR 90-23) PAGE 1 i property on the north and a second subdivision lies to the west on the opposite side of Hall Boulevard. Small acreage homesites and vacant parcels are situated to the south and east. Hall Boulevard is classified as a arterial street and Ross Street is a local street. i 3. Site infoimmal ion and Proposal Description The six acre site contains a house, shop, garage, and two barns in the southeast corner of the property. The shop building and the two barns have setbacks ranging from five to ten feet €r:,m the eastern property line. A gravel employee parking area is located east of the house and a gravel storage area, screened by an eight foot fence, is north of the house. Three underground fuel tanks are situated south of the shop building near the eastern property line. The applicant is requesting approval of an amendment to the Site Development Review and Variance (SDR 89-22/V 89-26) to allow the underground fuel tanks to remain. The applicant indicates that the trucks for the business will no longer be fueled on the site and the tanks will only to be used for personal vehicles, including a tractor that is operated on the property. State Department of Environmental Quality (DEQ) records indicate that the underground fuel tanks contain diesel fuel (1,000 gallons) and gasoline (500 gallons and 474 gallons). The status of the three tanks changed to "unregulated" on October 22, 1990, because they are no longer being used in conjunction with the business and they are less than the 1,100 gallon size regulated by DEQ. 4. Agency and NPO Comments Portland General Electric, General Telephone, Tualatin Valley Fire and Rescue Department, Engineering Department, Building Division, and Tigard Water District have no objections to the proposal. NPO 5 reviewed the request and concluded that the circumstances had not changed and the NPO continued to support the enforcement the conditions of the previous decision. No other comments were received. B. ANALYSIS AND CONCLUSION To grant the variance allowing the expansion of a NOTICE OF DECISION - SCHMIDT (SDR 90-23) PAGE 2 r nonconforming use, it was shown that the proposal did not conflict with policies and standards in the Comprehensive Plan or other applicable standards, that special circumstances existed which were peculiar to the property, that the expanded nonconforming use would be accomplished in a manner that would be maintain the intent of the Community Development Code to the greatest extent possible, that there would be no adverse affect on existing physical and natural systems, that the hardship was not self imposed, and that the variance requested was the minimum variance which would alleviate the hardship. In order to meet these criteria, a number of conditions were agreed to by the applicant which were intended to mitigate the negative affect the expansion and continued operation of the business would have upon surrounding residential properties. Introduction of screening, and movement of the business activity away from the site's perimeter (including the fuel tanks) were instrumental in the City's determination that the variance was appropriate. The fuel tanks along the eastern property line were required to be removed because: a. The fueling activity along the property line was having a detrimental impact upon the abutting residential property because of noise, exhaust fumes, and visual impact. b. The fumes from the tank vents adversely affected the neighbor to the east. C. It was known that the new DEQ regulations would require the eventual removal of the tanks (subsequently, the applicant found that they could be retained for personal use). d. Concern was expressed that the tanks could potentially contaminate nearby wells. The retention of the tanks is inconsistent with the original variance approval because the adverse impacts caused by the presence of the tanks will remain with the exception of the elimination of the fueling activity for Schmidt's Sanitary Service. Their removal was a critical part of the variance approval. It was important that the tanks were removed in conjunction with moving portions of the operation to central sections of the site and the provision of screening. Although they are to be used for private vehicles, the number and capacity of the tanks are industrial in nature and the fumes, visual impact of the tank vents, and the potential for contamination of residential wells will have C NOTICE OF DECISION - SCHMIDT (SDR 90-23) PAGE 3 a detrimental impact upon "physical and natural systems" as noted in the variance criteria above. Also, there is no apparent hardship caused by meeting the original condition of approval to remove tanks that can no longer be used for the business. C. DECISION The Planning Director's designee DENIES SDR 90-23 and the conditions of approval for SDR 89-22/v 89-26 shall remain in effect with the exception that condition 6. of the decision shall be amended as set forth below: 6. All existing underground fuel tanks shall be removed or decommissioned in accordance with state and federal requirements by January 18, 1991. Any new fuel tanks shall be located a minimum of 100 feet from all property boundaries and shall conform to all applicable City, fire district, state, and federal regulations. STAFF CONTACT: Keith Liden, Planning Division (639- 4171). D. PROCEDURE 1. Notice: Notice was posted at City Hall and mailed to: The applicant and owners Owners of record within the required distance The affected Neighborhood Planning Organization Affected government agencies 2. Final Decision: THE DECISION SHALL BE FINAL ON l lp 9a UNLESS AN APPEAL IS FILED. 3. Appeal: Any party to the decision may appeal this decision in accordance with Section 18.32.290(A) and Section 18.32.370 of the Community Development Code which provides that a written appeal must be filed with the City Recorder within 10 days after notice is given and sent. Appeal fee schedule and forms are available at Tigard City Hall, 13125 SW Hall Blvd., Tigard, Oregon. The deadline for filing of an appeal is 3:30 NOTICE OF DECISION - SCHMIDT (SDR 90-23) PAGE 4 4. Questions: If you have questions, please call City of Tigard Planning Department, City of Tigard City Hall, 13125 SW Hall Blvd., Tigard, Oregon. ~zA PREPARED BY: DATE Keith S. Liden, Senior Planner SDR90-23/kl a+ st a C fq 1~1A(tCtlA 40 40 S1TF J 3 - tn F NOTICE OF DECISION - SCHMIDT (SDR 90-23) PAGE 5 uT ti .D P " Z Department of Environmental Quality E,L GOt D::I:MM,OT 811 SW SIXTH AVENUE, PORTLAND, OREGON 97204-1390 PHONE (503) 229-5696 Wv.NNM I December 26, 1990 Mr. John Schmidt Schmidt Sanitary Service 8325 SW Ross Tigard, Oregon 97224 Re: UST-Washington County Schmidt Sanitary File No. 34-90-463 Dear Mr. Schmidt: We have completed our review of your report, dated December 14, 1990, concerning the contaminated soil cleanup conducted at your facility located at 8325 SW Ross in Tigard, Oregon. Since this information indicates that the cleanup has met our requirements, no further actions other than soil aeration are required for the site. Once the soils undergoing treatment have met our criteria, a report must be submitted. The report must document the final disposal location of the soil and include representative soil sample analytical results. Our final review of the site will be conducted when the soil treatment report is received. If soil aeration is not complete within three months, quarterly letter reports must be submitted to the Department.updating us on the progress of the aeration. The quarterly reports must detail steps taken to enhance the aeration and describe your observations concerning the degree of contamination remaining. It should also contain the results of any soil sampling conducted. Unless aeration is completed earlier, the first soil aeration report will be due March 15, 1991. If you have any questions concerning this matter, please call me at (503) 229-6923. Sincerely, Andree Pollock UST Cleanup Specialist Northwest Region cc: ECD UST Cleanup Section iittC DEC 2 8 1990 Wtisrr j CITY Ur i UARD n~tw~l~lA f1COiT vi5~ ~ rs G2~c~d January 15, 1991 Mayor Gerald Edwards Tigard City Council 13125 S .W , Hall Blvd. Tigard, OR Dear Mayor Edwards and Council members, I am here to ask for clarification on City policy on Sen- sitive Land Reviews. The SLR in question was SLR - 90-0011, Davis. held on Nov. 27 and Dec. 20. I and many others who came to testify at this hearing were astonished to have challenged our right to give testimony on an issue that involved public waters of the state of Oregon. In addition most of those involved had been in attendance and given testimony at the ititial hearing on this mitigation in 1987. I want to make clear that this request is in no way a cri- ticism of the Hearings Officer, Larry Epstein, whose effort to manage the hearing in an even-handed manner was commendable. It is City policy in regard to sensitive lands reviews which confounds understanding and needs clarification. Residents of Tigard are told that the City of Tigard has no staff biologist, hydrologist-or wetlands/wildlife specialist, and must depend upon professionals in the field to provide un- derstanding and recommendations. -Yet this is what happened - a biologist with the United States Fish and Wildlife, who is also a Tigard resident, was challenged as to his right to testify. The head of the Wetlands Conservancy was challenged, a regionally recognized authority page 2 clarification on City policy on wetlands/wildlife ecology was challenged. A senior biolog:iet *hth the USDV1 W declined to testify as he assumed he could not meet City of Tigard specifications. So I am not speaking for myself alone. The experience con- founded all of these participants. One person told me that in 20 years of testifying on wetlands and sensitive lands issues, he had never before been challenged. I will share the City's response to this request for clar- ification. and so ask that it be written and sent to me. Thank you for providing the time in which I could present this con- cern. Sincerely. Nancy Lou Tracy 7310 S.W. Pine St. Tigard, OR 97223 Council Agenda Item 5 January 15, 1991 STATE OF THE CITY ADDRESS JANUARY 15, 1991 MLYOR JERRY EDWARDS Opening Comments Council and I discussed the Persian Gulf situation a little earlier this evening; I would like to make a brief comment. It is not our intention, as a local government, to become involved with any of the emotions or decision-making points relative to that issue. There are none of us sitting at this bench who desire any kind of armed conflict or situation which would bring death or disability to any of our men and women in the Persian Gulf. I only make a comment to urge you to take notice, look around you, and understand the validity of local government which includes the opportunity to speak in an open, free society. We are so privileged because of the men and women, such as those in the Persian Gulf today, who are prepared to take on a charge which could cause their death if it so comes that. it is my belief that they are on a serious mission to protect the freedoms we enjoy as Americans and, for that, we pay tribute to them. I believe in local government for I believe in the strong grass roots procedure available to people within their own communities. We will not always agree we do not have to. We must disagree and have varied opinions because this is what makes our decisions stronger. I wanted to make this comment before I talked a little bit about the City of C Tigard: Where we were in 1990 and where I would like to see us go in 1991. will also make a few comments about the economic, environmental, and regional issues facing us. State of the City Tigard continued to grow in 1990, both in population and in development, We had 303 single family building permits issued; we had 287 multi-family building permits issued; and our population grew to 29,100. When I came to Tigard 25 years ago, there were 2,400 peopl3. Our total dollar value increased last year, with regard to building, by $18,254,000 both in commercial and industrial permits issued. Some examples of the growth are: • Two new office buildings and a warehouse building, totaling 158,000 square feet with a value of over $1 million on Bonita Road. • St. Vincent's Medical Office Complex with 24,900 square feet valued at over $1 million on Scholls Ferry Road. • The Old Country Buffet Restaurant on Pacific Highway with 9,600 square feet, valued at over $400,000 was built and opened. This type of development, along with our residential growth, continues to balance our assessed value and keeps our tax rates and our livability level at what the people in this community expect, and what your leaders, sitting here this evening, expect. C r Transportation continues to be one of the highest y, and it should be. In 1990, during most of the constructioni season, we were involved in several major street projects. Funding, provided by our major street bond and capital improvement budget, allowed us to work on the following projects: • Durham Road - Regrading, providing turn lanes; sidewalks, street lights, and underground utilities. } • Walnut Street - Tu.rn lanes at the Grant Avenue intersection; we added sidewalks, stc;.rn drainage, and landscaping for visual safety. I might add that we -,i_-oak some landscaping away which most of us do not like to see, b•,t in some instances and places, it becomes necessary. } • 121st Avenue - Turn lanes, sidewalks, street lights, and underground utilities. • Hall Street/McDonald Intersection - Traffic signals. • Hall Street/Durham Road Intersection - Traffic signals. • Greenburg/Cascade intersection Traffic signals. In addition, the Oregon Department of Transportation resurfaced 99W and constructed a traffic signal at the Canterbury intersection near Bull Mountain. There were also two major improvement districts formed for street improvement to Lincoln Avenue and Locust Street. New streets built included Sequoia Parkway, Cardinal Lane, and Redwood Lane. Traffic signals on Carman Drive near I-5 were established. All of these improvements have improved the safety for both pedestrians and motorists in Tigard, while upgrading our Tigard transportation system. In 1990, our citizens approved a new tax hale for the City of Tigard. Staff and we, as your leaders, felt honored because approval of this tax base came at the same time people in the State of Oregon overwhelmingly passed Property Tax Limitation Measure No. 5. Our updated tax base will continue current service levels and allow us to follow a prudent fiscal policy as we have been doing for the last five years. The increase authorizes a $3,580,000 tax base beginning with the 1991/92 fiscal year. 1990 was another Tigard banner year for assistance received from citizen volunteers. We are probably one of the finest communities in this state due to service given in donated hours by citizen volunteers. We have 143 citizens serving on our boards and committees for this community. In 1990, the Mayor established a Blue Ribbon Task Force Committee consisting of 22 people. This committee was formed to be a "think tank" for the community; that is, to give advice and feedback on a numerous amount of projects for not only the City Council, but also for staff and NPO members. Your Tigard City Council worked an average of 215 hours per month; the Mayor's office added another 100 hours per month working on local and regional issues affecting our City. What does 1991 hold for the City of Tigard? We will continue to commit to serve the public for effective local government. It will be necessary for every citizen to keep current on issues affecting their lifestyle while living in this City: • Everyone must learn and understand the far-reaching impacts of Ballot Measure 5. • Everyone must learn and understand the process and become involved, and not just on an issue that will affect your neighborhood or you as an individual but you must become involved totally, all of the time. Everyone must learn and understand how your government works, how the taxing structures work, and how the local transportation systems are tied to the region, county, and state. It is no longer good enough for the citizenry to only come to City Council on one particular issue. You will hear suggestions and remedies from political leaders throughout the region, state, and county, offering advice as to what should take place as a result of Measure 5. Measure 5 has some devastating factors built into it; however, the totality of its implications is not known, in my view, by anyone. It is this Council's position that we will not be out there yelling, "Fire!" We have taken the position that business will continue as usual within our community; we will be even more fiscally responsible and prudent and observant. Our budgeting process will be tighter; but, our service levels, we feel, will be maintained and we will not be cutting at this particular time. We are in good financial condition. We have done a good job. If anything, we will suffer for the first go around because we are under the tax limitation dollar-amount ceiling; Tigard citizens probably will not see a reduction in property taxes immediately as others will who are now above the limit. I tell you this because there are those who would say: In order to solve the problem we must have a sales tax; or In order to solve the problem we must consolidate all of our services and do away with local government; or In order to solve the problem we must have one government one Willamette County, if you will, and control from one big agency. I am of the mind, ladies and gentlemen, that bigger is not necessarily better. While I am not naive enough to deny that certain consolidations and economies of scale can assist us and can be beneficial to the taxpayers, I am not prepared to .surrender your local control for one big local organization. We know that some consolidations work. Look at our Tualatin Valley Fire & Rescue, it works. We know there are certain services and equipment-sharing within organizations that can be consolidated to make us more efficient. However, I am afraid, as you should be afraid, that if you do not have a City Council of this size and stature, you will not have the voice which you now have. I believe the environment will suffer, transportation, and livability will suffer. Local control is very important to me and it is very important to this Council. So, be very aware. Dollars are going to be very difficult to come by. Things mandated for us to do by the State of Oregon, but give us no funding, are still there. Revenue sharing will become a competitive process among local government, the educational system, and all of the special districts. It is true that our children should be educated; education is the foundation of livability; i.e., aspirations for better jobs influencing the type of crime and amount of crime. Everything stems from education, both in the family and in the institutions. But, to say we must take all of the dollars from one pot and put into another while letting certain things suffer, to me, is not very prudent. a. z, I think you will see tremendous debate in the legislature, cities, counties, and regions in the coming months. Please keep informed; please voice your opinions. In order for Tigard to survive we must establish a strong identity. We cannot be a bedroom community of the City of Portland. We cannot have business coming into our community saying they are "Portland, Oregon" businesses. Following are some issues which I urge your participation: a 3 • Securing a Tigard Post Office - We have been trying for years to ' establish a post office for Tigard; this is a very important issue for the Tigard business community. a; 1 • Development of Tigard's Downtown - This is also linked to the ! identity question. We need your ideas. • Transportation is vital. The Oregon Department of Transportation (ODOT) will be doing major work on Highway 99W. This work will affect many, many businesses and the economic vitality of this community. If you do not become involved in the process and the wrong plan is put into place, businesses will suffer. • A major change is planned by ODOT for the I-5/217 Interchange. The plan that is put in place will affect your livability and will affect the economic growth of this community. You must be involved and you must voice your opinions. The Tigard City Council has been accused of not being controversial and not receiving a lot of press coverage anymore. In fact, three of us were unopposed as we ran for reelection last November. For those who say that because there is not controversy, nothing is really being done, I would argue it is absolutely the opposite. Take note of some of the other city Councils; look at the diversity, problems, lack of community support, and inaction on certain issues. Tigard citizens have something special because you participate in your community. Doing "battle" with people is proper; that is what our democratic system is about. However, good results from this process are based on how you do it and remembering whose best interest is being served. I would like to thank the City of Tigard staff and this City Council who work with me so diligently and tirelessly to provide good local government for you. A couple of people this last year have been very outstanding in their assistance to us and I would like to recognize them. One of those persons is Liz Newton, who has been with the City for quite some time. She formerly worked in our Planning Department as a senior planner. Liz is now the liaison with all of the committees in this city and the City Council. She works very well with the press and has demonstrated the ability for communication we never had in the past. For that, I thank you, Liz. I would like to thank our City Recorder, Cathy Wheatley, who has done an outstanding job for myself and this Council in the preparation and the documentation of what we need so we are effective as those persons elected to serve you. I thank you for that, Cathy. rr We have a City Administrator we brought on board a couple of years ago. I think he is one of the finest gentlemen I have ever met. I have never seen anyone work as well with the public, the staff, and the City Council all combined into one. This makes for good, effective government. Again, every City employee in this City does an outstanding job. I thank you for electing me for a second term. I appreciate the opportunity to serve you and I intend to do so to the best of my ability for the neat four years. I thank you very much. ul f ~ 1 i. i FJ i y Council Agenda Item 6 January 15, 1991 City Administrator - Patrick J. Reilly: EXECUTIVE SUMMARY - January 15, 1991 As a community, we witnessed significant changes during 1990: • The City of Tigard passed an updated ta3c base; the voters of Oregon supported a far-reaching tax limitation initiative, commonly known as "Measure 5." • Voters of Washington County levied upon themselves a three-year, fixed- rate library levy; a five-year public safety emergency communications levy. • County voters also levied a county-wide traffic improvement fee on new development and Tigard voters defeated an urban renewal measure called Presidents' Parkway. • The Council launched several major initiatives designed to keep pace with a growing population and the ever-increasing demands for services: - Sunday hours for the Library - traffic unit in the Police Department - the Educational Services Division in the Library to provide recreational programming. - consolidation of public safety communications within Washington County took place to enhance the system. We also implemented a state-mandated surface water management program. Road construction was everywhere. So much disruption, but so much progress. The initial park levy projects got underway, with land acquisition and playground equipment projects. Development continued at a feverish pace. We grew by $59,581,352 in assessed valuation; 590 building permits for dwelling units and 254 permits for commercial/ industrial activity. Much publicity surrounded several notable property transactions. It was clear in 1990 that we are part of the pacific rim. Some of the initiatives in 1990 will influence our activities in 1991: • Clearly, Measure 5 will play a paramount role, perhaps reshaping the manner in which local governments conduct business; • We as a region will be seeking to develop a charter for metro now that voters have stated the need to do so. • The westside light rail will hopefully continue as will discussions with Portland about the need for light rail in the Barbur Blvd corridor. •ti ODOT will continue with the I-5/217 improvement planning process and with the 99W project. • METRO has proposed regional goals; some of these goals have far-reaching impacts; this endeavor will require time and energy to assure a good product. • Development issues will doubtless continue, as will solid waste planning and a myriad of other public policy debates. All of the above will require our attention. The aforementioned is but a brief list of the many challenges confronting Tigard. The Council has been clear with staff; it is our charge to provide the best possible services; it is our responsibility to support the Council as it goes about developing policy, governing our community and playing a role in regional debates and policy making. The success of any organization depends upon its personnel. Tonight we will honor employees selected as Employee of the Month during 1990. They are representative of the quality of staff we have working here. Each has made a significant contribution to our community's welfare. They are obviously not alone; there are others who have been honored in the past, who are still with us, still performing; there are others who will be honored who are performing admirably each day, just not selected as yet. We see 1991 as a year of incredible opportunity. We will observe conflicts between the traditional ways of doing business and the forces of change. Tigard has the capacity to play a significant role in the unfolding events and will do so. We as a staff pledge to do our best. t 4 9 COUNCIL AGENDA ITEM rI ~iTY vs TiGe%nD, vRcGviv' COUNCIL AGENDA ITEM SUMMARY AGENDA OF: January 15. 1991 DATE SUBMITTED: Januarv 3. 1991 ISSUE/AGENDA TITLE: Employee Service PREVIOUS ACTION: Awards ' PREPARED BY: Cathy Wheatley DEPT HEAD OK CITY ADMIN O REQUESTED BY: PO I Y ISSUE The City of Tigard recognizes its mployees semi-annually with awards for length of service to the City. INFORMATION SUMMARY Five Years of Service (Framed Key to the Citv): Colleen Asp (Administrative Services - Court) Kathy Davis (Library) Laura Freeman (Community Development) Howard Gregory (Field Services) Peter LeFranchise (Police Department) John Roy (Field Services) Gary Wayt (Police Department) Valerie Yunker (Library) Fifteen Years of Service (Plaque and Gold Key to the City Tie Tac): Robert J. Newman (Police Department) Twenty Years of Service (Gold-with-Diamond Key to the City Tie Tac): Thomas Killion (Police Department) ALTERNATIVES CONSIDERED FISCAL IMPACT SUGGESTED ACTION Presentation of Awards by Mayor Edwards empsvc COUNCIL AGENDA ITEM 8 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF: January 15, 1991 DATE SUBMITTED: January 3 1991 ISSUE/AGENDA TITLE: Recognition of- PREVIOUS ACTION: 1990 Employees of the Month for the/ 4 ^ ii City of Tigard ' PREPARED BY: Cathy Wheatley DEPT HEAD OK CITY ADMIN OK/ r REQUESTED BY: P~L C~f ISSUE ~ i Council recognition of recipients of Employees of the Month during 1991 INFORMATION SUMMARY i' The following individuals received recognition during 1990 as Employee of the Month. Employees were selected on the basis of exceptional performance in the areas of customer service, job knowledge and teamwork. Terry Tourney (Finance Department) - January Paul Johnson (Police Department) - February Nadine Robinson (Admin. Services/Court & Records) - March Katie Hagan (Library) - April R. J. Newman (Police Department) - June C Alice Carrick (Field Services) - July Joy Cooper (Library) August Donna Corbet (Finance Department) - September Jeff Munro (Field Services) - October Jeannie Fitterer (Admin. Services/Ofc. Services - November Richard Nelson (Field Services) - December ALTERNATIVES CONSIDERED FISCAL IMPACT SUGGESTED ACTION Acknowledgement and presentation of awards to the 1990 Employees of the Month for the City of Tigard. cw.eomN CITY OF TIGARD ® 1990 EMPLOYEES OF THE MONTH January - Terry Tourney Terry Tourney has proven to be a valuable member of the Finance Department in her responsibilities with disbursements and fixed assets; she works effectively with all employees and outside vendors by providing excellent service and assisting with problem solving; further, she has demonstrated extensive job knowledge in the city fund disbursement (goods and services), cash management, accounting methods, and recently acquired (in order to assist her coworkers) a working knowledge of the payroll process. February - Paul Johnson Paul Johnson has put forth a tremendous amount of energy and effort into his newly assigned duties as Dispatch Supervisor resulting in an excellent level of service to, not only the citizens of Tigard, but also to the police officers; in addition Corporal Johnson has pulled together the necessary elements to accommodate teamwork effort from Dispatch personnel thereby making it possible to accomplish this success. March - Nadine Robinson Nadine Robinson has successfully developed a records retention schedule and classification system by working closely with all City departments and has been recognized by the State Archivist's office for her outstanding job; in addition, Nadine has proven herself to be an outstanding manager and leader and has implemented several new programs including micrographics for City records and the transitioning of the civil infraction hearing process to in-house resulting in increased productivity and accountability; and finally, it should be noted, at Nadine's leadership, her staff has demonstrated team spirit by assisting coworkers during times of staff shortages as well as providing additional City-wide support with internal mail service. April - Katie Hagen Katie Hagen consistently demonstrates a high level of skill in performance of her duties as Library Assistant I in Reference and Technical Services. She is conscientious in her attention to the varied tasks she is assigned. She is always willing to work on special projects. Katie is especially good at training volunteers and helping them with task problems. Katie works well with her peers and has been responsible for carrying out activities which have enhanced the Library's team spirit. Katie shows tact and understanding when dealing with the public. In all ways, Katie Hagen is a valuable and productive employee for the City of Tigard. June - Officer R. J. Newman R. J. Newman has been with the Tigard Police Department for the past 14 years and has been a consistent performer and a valuable resource to the department. Officer Newman has been involved in the Field Training Officers Program assisting new officers with their orientation, not only into the profession of police work, but also into the Tigard Police Department. Officer Newman has also frequently assisted officers on the street with questions regarding procedures; he has also served as an active Watch Commander on a regular basis. Overall, officer Newman is to be commended for his solid work performance for the City and his continued support of Department programming. July - Alice Carrick Alice Carrick has greatly improved the efficiency of the Field Operations office. She recently completed a total reorganization of the filing system which has helped all divisions in the department to be more productive and cost efficient. She set up an employee bulletin board and message center. Alices's background in police dispatch has greatly improved radio communications within the department. Alice has a cheerful and helpful personality which makes everyone's job easier! August - Joy Cooper Joy Cooper, coordinator for the Library's Education Services Program has been with the City of Tigard since August 1989. Joy has brought expertise, intelligence and dedication to a program in its fledgling stages. Her enthusiasm, her creativeness and her ability to combine a sense of fun along with a commitment to produce a successful program has certainly been responsible for the success of the first four sessions of education service programming. This program has created additional tasks for the Library staff outside the scope of their normal duties; however, working with Joy has brought an added sense of doing something new and worthwhile. We thank Joy for producing a wonderful new program for the city. September - Donna Corbet Donna Corbet demonstrates excellent customer service traits in her quickness to respond and willingness to help her coworkers and supervisors. Donna keeps herself updated in all facets of her work and recently learned two new areas, finance and worker's comp, in a short period of time. Donna shows flexibility and adaptability in her every day work by providing support service to Finance, Personnel, and Risk Management. The City of Tigard thanks Donna for her friendly attitude and valuable contributions as a team player. y October - Jeff Munro Jeff Munro has proven to be a conscientious, hard working, and helpful employee who goes out of his way to help other employees. Jeff has been very eager to participate in making the Tigard parks system the best system, dollar-for-dollar, it can be; Jeff has taken control of the mowing program which entails long hours every week mowing the 150 acres of turf within the parks system in all kinds of weather. He also maintains the mowers and related equipment on a regular basis. Jeff has demonstrated his concern for overall city involvement by finding the time to be very active in the city Safety Committee as well as the Operations Safety Committee. The City of Tigard is fortunate to have an employee who is so willing to devote his energies toward the good of the community. November - Jeannie Fitterer Jeannie Fitterer goes above and beyond expectations in her support of City Staff: She is very teamwork oriented, pays attention to detail, is accurate, and projects a cooperative, friendly attitude no matter what the task. Jeannie personifies the definition of good customer service and is a positive influence to all. December - Richard Nelson Throughout his employment with the City of Tigard, Richard Nelson has consistently performed to a high level of achievement. He has resolved a number of difficult situations that were sometimes outside his classification (when acting crew supervisor) and handled them very well. His job knowledge and skill were of great benefit to the City and his co-workers. Richard is always more than willing to share his knowledge and is a good trainer. Recently, he did training classes on Line Cleaning and Advanced Video Inspection of Sanitary Sewers at the Portland Convention Center. Richard did an excellent job with his presentations and drew a lot of positive recognition for Tigard for professionalism among its Field Operations employees. ka\login\eom COUNCIL AGENDA ITEM _ CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF: January 15. 1991 DATE SUBMITTED: January 3. 1991 ISSUE/AGENDA TITLE: S ecial Reco - PREVIOUS ACTION: nition for Retirin Reserve Volunte Ron Ro se PREPARED BY: Ron Good aster DEPT HEAD OK CITY ADMIN OK REQUESTED BY: OLIC ISSUE Council recognition of Reserve Volunteer Ron Royse. INFORMATION SUMMARY - - Please see attached memorandum. ALTERNATIVES CONSIDERED i FISCAL IMPACT SUGGESTED ACTION Presentation of Awards: Mayor Jerry Edwards and the Reserve Volunteer Coordinator for the Tigard Police Department. MEMORANDUM TICARD POLICE DEPARTMENT TO: Cathy Wheatley City Recorder FROM: Ronald D. Goodpaster Chief of Police DATE: January 3, 1990 SUBJECT: Background Information on Reserve Volunteer Ron Royse Ron Royse came to the Tigard Police Department as a Reserve Officer in Junes, 1979. His previous law enforcement experic:.ce was as a Reserve Officer for the Multnomah County Sheriff's office for six years and he had also been an Oregon State Police stationed in the area of The Dalles for approximately 2 years. After being sworn in as a Reserve Officer in Tigard in 1979, he was then promoted to Reserve Sergeant in 1981 and to Reserve Lieutenant on March 24, 1982. Ron was an extremely experienced and skilled individual and was a tremendous benefit to our program. He donated in excess of 2,500 hours of service to the City of Tigard in assisting the Police Department. Ron spent many hours providing surveillance, issuing drug search warrants, working Districts when we were short, and coming in early in the morning to take prisoners to jail for us. As the Reserve Lieutenant, he was responsible for the Reserve Program and managed it. His main duties were recruiting, training of Reserve officers, and responsible for scheduling and organizing the on-going regular training of the regular Reserve Officers. He left a legacy to the other Reserve Officers of hard work and commitment to the Tigard Police Department and was extremely beneficial in shaping the Reserve Unit and making it a professional organization that greatly assists the ,regular Department. C