Loading...
City Council Packet - 07/16/1991 l CITY OF TIGARD OREGON AGENDA PUBLIC NOTICE: Anyone wishing to speak on an agenda item should sign on the appropriate sign-up sheet(s). If no sheet is available, ask to be recognized by the Mayor at the beginning of that agenda item. Visitor's Agenda items are asked to be two minutes or less. Longer matters can be set for a future Agenda by contacting either the Mayor or the City Administrator. • STUDY SESSION (5:30 P.M.) Discussion Items a. Water Study Proposals b. Triangle Study C. Fence Permits d. Street Vacation Process • UPDATE - TUALATIN VALLEY ECONOMIC DEVELOPMENT CORPORATION (6:30 P.M.) • President Mary Tobias 1. BUSINESS MEETING (7:30 P.M.) 1.1 Call to Order - City Council & Local Contract Review Board 1.2 Roll Call 1.3 Pledge of Allegiance 1.3 Call to Council and Staff for Non-Agenda Items 2. VISITOR'S AGENDA (Two Minutes or Less, Please) 3. CONSENT AGENDA: These items are considered to be routine and may be enacted in one motion without separate discussion. Anyone may request that an item be removed by motion for discussion and separate action. Motion to: 3.1 Approve Council Minutes: June 11, 18, and 25 1991 3.2 Receive and File: Council Calendar 3.3 Approve Employment Agreement - City Administrator 3.4 Approve Special Assessment for the Lincoln/Locust Local Improvement District - Resolution No. - 3.5 Authorize City Administrator to Enter into Agreement for Development of a Tigard Triangle Master Plan - Resolution No. 91-_ 3.6 Approve Appropriation of Contingency -1991 /92 Budget Adjustment for OSHA-Required Safety Equipment - Resolution No. 917_ COUNCIL AGENDA - JULY 16, 1991 - PAGE 1 4. PUBLIC HEARING - PUBLIC RIGHT-OF-WAY VACATION HEARING FOR A PORTION OF SW 90TH AVENUE, NORTH OF SW NORTH DAKOTA STREET Proposal for vacation of a portion of S.W. 90th Avenue was initiated by the City Council on May 21, 1991 at the request of Charlotte and Daniel Cook and Charles Hing. Any interested person may appear and be heard for or against the proposed vacation of said public right-of- ' way. • Open Public Hearing • Declarations or Challenges • Staff Report • NPO Comments • Public Testimony: Opponents, Proponents • Staff Recommendation • Council Discussion • Close Public Hearing • Consideration by Council: Ordinance No. 91- 5. PUBLIC HEARING - PUBLIC RIGHT-OF-WAY VACATION HEARING FOR A PORTION OF SW 135TH AVENUE SOUTH OF SW SCHOLLS FERRY ROAD Proposal for vacation of a portion of S.W. Scholls Ferry Road was initiated by the City Council on May 21, 1991 at the request of Bill and E. Aleen Gross. Any interested person may appear and be heard for or against the proposed vacation of said public right-of-way. Staff recommends this public hearing be continued August 27, 1991. 6. CONSIDER ORDINANCE AMENDING PARKS SYSTEMS DEVELOPMENT CHARGE TIGARD MUNICIPAL CODE PROVISIONS • Community Development Staff Report • Council Discussion • Council Consideration - Ordinance No. 91- 7. CONSIDER ORDINANCE AMENDING LIBRARY BOARD RESPONSIBILITIES AS OUTLINED IN THE TIGARD MUNICIPAL CODE • City Administrator Report • Council Discussion • Council Consideration - Ordinance No. 91-.- 8. NON-AGENDA ITEMS 9. EXECUTIVE SESSION: The Tigard City Council will go into Executive Session under the provisions of ORS 192.660 (1) (d), (e), & (h) to discuss labor relations, real property transactions, current and pending litigation issues. 10. ADJOURNMENT i H:REC0RDER\CCA\CCA716.91 t COUNCIL AGENDA - JULY 16, 1991 - PAGE 2 Council Agenda Item 3.1 T I G A R D C I T Y C O U N C I -L MEETING MINUTES - JULY 16, 1991 • Meeting was called to order at 5:41 p.m. by Mayor Edwards. 1. ROLL CALL Council Present: Mayor Jerry Edwards; Councilors Valerie Johnson and John Schwartz. Staff Present: Patrick Reilly, City Administrator; John Acker, Associate Planner, Ron Bunch, Senior Planner; Loreen Edin, Administrative Services/Risk Manager; Ken Elliott, Legal Counsel; Ron Goodpaster, Chief of Police; Wayne Lowry, Finance Director; Ed Murphy, Community Development Director; Liz Newton, Community Relations Coordinator; Catherine Wheatley, City Recorder; and Randy Wooley, City Engineer. STUDY SESSION WATER STUDY PROPOSAL: Staff members Pat Reilly, John Acker and Loreen Edin reviewed the top three proposals for a water system study. After discussion and reviewing the elements of the proposals, Council consensus was for staff to perform reference checks on two firms James M. Montgomery and Murray, Smith & Associates. TRIANGLE STUDY: Ed Murphy reviewed this item as proposed in Consent Agenda 3.5. The study would conduct a land use analysis of the Tigard Triangle that may result in proposed changes to the current Comprehensive Plan. This planning effort will further the Council's goal of "promoting a balanced economy and enhancing the vitality of the community, creating a stronger sense of identity and strengthening the quality of interaction with citizens." Last fall, the Benkendorf Associates Corporation was selected by staff as being best able to complete the desired work. After discussion, Council consensus was for concurrence with the staff's recommendation to enter into a contract with the Benkendorf Associates for services to create a Master Plan for the Tigard Triangle as outlined in the Scope of Work. FENCE PERMIT: Staff members Ed Murphy and Dick Bewersdorff reviewed a staff memorandum overviewing the proposal to change the Development Code with regard to fences. Development Code regulations restrict fences and walls in a required front yard to three feet in height. A change to the height regulation, along C CITY COUNCIL MEETING MINUTES - JULY 16, 1991 - PAGE 1 f with other minor modifications to the Code relating to fence locations and heights are being proposed. It was recommended that the City's fence regulations be revised to allow fences up to eight feet in height in front yards adjacent to arterial and collector streets except where clear vision requirements must be met. In addition, it is proposed that the clear vision requirements be modified to restrict fences where topography limits vision. The fence regulations should also be changed to eliminate the requirement for a two-foot setback for corner side yard fences. After discussion, council consensus was in agreement with the general recommendations of staff with the exception that they would like to see fences allowed up to eight feet in height in any front yard. There would be no fee; however, fences over 3-feet in height would require a staff review to assure clear vision needs are met. An eight-foot fence would require a building permit. Staff will take this issue to the NPOs and Planning Commission for their review and comment prior to a public hearing before Council. UPDATE FROM TVEDC PRESIDENT. MARY TOBIAS: Ms. Tobias reviewed the status of the Western Bypass process. ODOT is still in their public comment phase. There was discussion on Washington County cities and potential impacts if the Bypass is not approved. Ms. Tobias urged the Council and citizens to attend an ODOT open house on July 17, 4-8 p.m. at the Tigard High School. The purpose of the open house is to present information and receive feedback on a range of possible strategies to address north-south and circumferential travel in Washington County. Also, Mayor Edwards will visit with the Mayors of Tualatin and Sherwood to coordinate efforts and show support for the Western Bypass. Ms. Tobias said that TVEDC will be contacting the Economic Development Committees for several cities. TVEDC would like to work in an advisory capacity with these Committees. Mary Tobias is also a member of the Metro Charter Commission. This commission has been established to produce a Charter for the Metropolitan Service District which will include the structure of METRO, and scope of authority/responsibilities. A series of public meetings have been held throughout the tri-county area: Multnomah, Clackamas and Washington. The Commission has not reached any decisions at this time. EMERGENCY MEDICAL SERVICE (EMS) POLICY BOARD REPRESENTATIVE Council consensus was to support Tualatin Mayor Steve Stolze as the area's representative on the EMS Policy Board. CITY COUNCIL MEETING MINUTES - JULY 16, 1991 - PAGE 2 BUSINESS MEETING 1.4 NON-AGENDA: Mayor Edwards advised he has received numerous contacts about the traffic islands installed on S.W. North Dakota Street. He requested that staff inspect the proximity of the cars parked around these islands; there have been reports that the narrow passageways are a safety hazard. 2. VISITORS' AGENDA: • John Self, 7929 Bonita Road, Tigard, OR testified of problems with ^onstruction on Bonita Road. Communication, he advised, on what is going to happen with construction has not been good. Problems included removal of fences, contractor activity on the recent 4th of July holiday, and vibration of construction. He noted he has had contact with the Engineering staff which has been helpful in controlling some of the problems. • Jan Paris, 7947 Mara Street, Tigard, OR concurred with the concerns outlined by Mr. Self with regard to construction on Bonita Road. She also noted the pounding and vibration of the construction and the advice she received to "construction-proof" her home. She asked that the City be more responsive, if there is damage to homes, other than to advise homeowners to contact the Contractor's insurance company. City Engineer responded to Council questions and advised that there had been problems, initially, with the contractor as noted by the neighbors. Engineering staff is regularly on site monitoring the Contractor's work. Staff has also visited with neighbors both individually and at a neighborhood meeting. He advised it was his understanding that the problems were resolved. After further discussion, council asked the City Engineer to set up a meeting with the neighbors to work on the problems described by Mr. Self and Ms. Paris. 3. CONSENT AGENDA: Motion by Councilor Johnson, seconded by Councilor Schwartz to approve the Consent Agenda as follows: 3.1 Approve Council Minutes: June 11, 18, and 25 1991 3.2 Receive and File: Council Calendar 3.3 Approve Employment Agreement - City Administrator - Resolution No. 91-52 3.4 Approve Special Assessment for the Lincoln/Locust Local Improvement District - Resolution No. 91-53 3.5 Authorize City Administrator to Enter into Agreement for Development of a Tigard Triangle Master Plan - Resolution No. 91-54 i CITY COUNCIL MEETING MINUTES - JULY 16, 1991 - PAGE 3 r i f 3.6 Approve Appropriation of Contingency - 1991/92 Budget Adjustment for OSHA-Required Safety Equipment - Resolution No. 91-55 The motion was approved by a unanimous vote of Council present. 4. PUBLIC HEARING - PUBLIC RIGHT-OF-WAY VACATION HEARING FOR A PORTION OF SW 90TH AVENUE NORTH OF SW NORTH DAKOTA STREET Proposal for vacation of a portion of S.W. 90th Avenue was initiated by the City Council on May 21, 1991 at the request of Charlotte and Daniel Cook and Charles Hing. a. Public hearing was opened. b. There were no declarations or challenges. C. Community Development Director reviewed the staff report submitted to the Council in their meeting packet. Staff recommended approval of the vacation request. d. Councilor Johnson questioned Section 2 on Page 2 of the proposed Ordinance. This section provides for an overhead easement; however, she expressed concern about future underground easement needs. Consensus was to add language to provide for an underground easement. t e. Public testimony: None. f. Public Hearing was closed. g. ORDINANCE NO. 91-18 AN ORDINANCE CONCERNING THE VACATION OF A PORTION OF SW 90TH AVENUE LOCATED NORTH OF SW NORTH DAKOTA STREET, IN THE CITY OF TIGARD, WASHINGTON COUNTY, OREGON. f. Motion by Councilor Johnson, seconded by Councilor Schwartz, to adopt Ordinance No. 91-18, with the amendment that wording be added to Section to on Page 2 to provide for and easement possible future underground utilities. The motion passed by a unanimous vote of Council present. 5. PUBLIC HEARING - PUBLIC RIGHT-OF-WAY VACATION HEARING FOR A PORTION OF SW 135TH AVENUE SOUTH OF SW SCHOLLS FERRY ROAD Proposal for vacation of a portion of S.W. Scholls Ferry Road was initiated by the City Council on May 21, 1991 at the request of Bill and E. Aleen Gross. Public hearing was continued to August 27, 1991. CITY COUNCIL MEETING MINUTES - JULY 16, 1991 - PAGE 4 Ell! 6. CONSIDER ORDINANCE AMENDING PARKS SYSTEMS DEVELOPMENT CHARGE ~ TIGARD MUNICIPAL CODE PROVISIONS a. Senior Planner Ron Bunch reviewed the staff report. The proposed ordinance would repeal ordinance No. 87-71 and adopt a new Parks System Development Charge (SDC) Ordinance and bring the City into compliance with state statute. The ordinance, if adopted, would not increase the Parks SDC at this time. Staff recommends these revisions be made when the "Ten Year Park Improvement Program" (Parks 2000 Action Plan) is completed. b. ORDINANCE NO. 91-19 AN ORDINANCE ADOPTING THE CITY OF TIGARD PARKS SYSTEM DEVELOPMENT CHARGE; REPEALING ORDINANCE 87-71; AND DECLARING AN EMERGENCY. C. Motion by Councilor Schwartz, seconded by Councilor Johnson, to --do pt Ordinance No. 91-19. The motion was approved by a unanimous vote of Council present. 7. CONSIDER ORDINANCE AMENDING LIBRARY BOARD RESPONSIBILITIES AS OUTLINED IN THE TIGARD MUNICIPAL CODE a. City Administrator Reilly reviewed the staff report. The Library Board has recommended revisions in the following sections of their Policy Manual: Section IV, Reconsideration of Library Materials • Section VII, Privacy of Records • Section VIII, Meeting Room Use • Board Responsibilities (Part of the Policy Manual as well as TMC, Chapter 2.36.040) The proposed revisions will more accurately reflect current procedures and, in the section on Privacy of Records, compliance with state law. Council complimented the Library Board for their continued proactive approach in their role. b. ORDINANCE NO. 91-20 AN ORDINANCE AMENDING TIGARD MUNICIPAL CODE (TMC), CHAPTER 2.36.040, OUTLINING THE LIBRARY BOARD RESPONSIBILITIES AND SETTING AN EFFECTIVE DATE. C. Motion by Councilor Johnson, seconded by Councilor Schwartz, to adopt Ordinance No. 91-20. The motion was approved by a unanimous vote of Council present. i CITY COUNCIL MEETING MINUTES - JULY 16, 1991 - PAGE 5 a C S. NON-AGENDA: (See Mayors comment in item 1.4 above.) 9. EXECUTIVE SESSION: The Tigard City Council went into Executive Session at 8:45 p.m. under the provisions of ORS 192.660 (1) (d), (e), & (h) to discuss labor relations, real property transactions, current and pending litigation issues. 10. ADJOURNMENT: 9:00 p.m. C At a atherine Wheatley, City Rec der ayo , ~61tV`xsf Tigard Date : Lac GI / ,L.Jt~ h:\recorder\can\ccm716.91 4 t CITY COUNCIL MEETING MINUTES JULY 16, 1991 - PAGE 6 1 Y eS r a TIMES PUBLISHING COMPANY Le 981 Tr 7007 ; P.O. BOX 370 PHONE (503) 684.0360 Notice BEAVERTON, OREGON 97075 ,e i Legal Notice Advertising • • ❑ Tearsheet Notice 7V' City of Tigard • ❑ Duplicate AM PO Box23397 ; • Tigard, Or. 97223 1 AFFIDAVIT OF PUBLICATION } STATE OF OREGON, ) =Eff COUNTY OF WASHINGTON, )ss' ' I, Judith Koehlery being first duly sworn, depose and say(iat i a[n the Advertising i°"T " Director, or his principal clerk, of the t gar S a newspaper of general circulat' a as efined in ORS 193.010 r' t k h and 193.020; published at arg in the oresal c un a sta;e; that the &unci`~ ~tu~dy eetzng , a printed copy of which is hereto annexed, was published in the q' mho ,o entire issue of said newspaper for One successive and consecutive in the following issues: July 11, 1991 r +a `k ~ .2 11111 1151 Subscribed and swor to before me thisllth day of July 1991 Notary Public for Oregon My Commis 'o xpires: k AFFIDAVIT AGENDA ITEM NO. 2 - VISITOR'S AGENDA DATE: 7/16/91 (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. AME & ADDRESS TOPIC STAFF CONTACTED - 0 1- 4;W g2 n 7 9 9117 1,4 f .s e r~ 4 I Please sign in to testify on the following: r AGENDA ITEM NO. 4 DATE: 7/16/91 PUBLIC HEARING - PUBLIC RIGHT-OF-WAY VACATION HEARING FOR A PORTION OF SW 90TH AVENUE - NORTH OF SW NORTH DAKOTA STREET PLEASE PRINT NAME & ADDRESS NAME & ADDRESS C r s t ' CITY OF TIGARD, OREGON AFFIDAVIT OF POSTING In the Matter of the Proposed nai & nlvs c1-1S Gt-(q 4 ct1-old STATE OF OREGON ) County of Washington ) ss City of Tigard ) I, Q. begin first duly sworn, on oath) depose and say: That I posted in the following public and conspicuous places, a copy of Ordinance Number (s) q t - l;~ c, - I ci 4 r ( C,- which were adopted at the Council Meeting dated '-I I 1~olci copy (s) of said ordinance (s) being hereto ac ed and'by reference made a part hereof, on the oc =Z_ date of 1991. ( 1. Tigard Civic Center, 13125 SW Hall Blvd., Tigard, Oregon ` 2. Washington Federal Saving Bank, 12260 SW Main St., Tigard, Oregon 3. Safeway Store, Tigard Plaza, SW Hall Blvd., Tigard, Oregon 4. Albertson's Store, Corner of.Pacific Hwy. (State Hwy. 99) and SW Durham Road, Tigard, Oregon Subscribed and sworn to before me this ~ ~ ddate of , 19el-/. Lac,~~ Nota Public for Oregon My Commission Expires: c3 -S'r73 h:\logih\jo\cwpost ri 1 i. Y CITY OF TIGARD, OREGON V ORDINANCE NO. 91-IS AN ORDINANCE CONCERNING THE VACATION OF A PORTION OF SW 90TH AVENUE LOCATED NORTH OF SW NORTH DAKOTA STREET, IN THE CITY OF TIGARD, WASHINGTON COUNTY, OREGON. WHEREAS, the Tigard City Council initiated this vacation request on a May 21, 1991 in accordance with Section 15.08.040 of the Tigard Municipal Code; and WHEREAS, this portion of S.W. 90th Avenue is a dedicated public right-of-way, giving the public rights over the land for street and utility improvements; and WHEREAS, the purpose of this vacation is to vacate an unimproved portion SW 90th Avenue that is no longer needed because access is available to all abutting properties; and WHEREAS, the property owners Charlotte and Daniel Cook and Charles Hing support the vacation; and WHEREAS, Portland General Electric requests an overhead easement for the existing pole and anchor presently in the right of way: and ( WHEREAS, all other affected service providers, including utility companies and emergency services, have reviewed the vacation proposal and have no objections to it; and WHEREAS, in accordance with ORS 271.100, the TMC 15.08.110 the Council fixed a time and place for the public hearing and the Recorder published notice and posted notice in the area to be vacated; and WHEREAS, notice has been mailed to all property owners abutting said vacation area and all owners in the affected area, as described by ORS 271.080; and WHEREAS, The Council, having held a hearing on July 9, 1991 finds the public interest will not be_ prejudiced by the vacation as provided by ORS 271.120 and TMC 15.0-8.130; and WHEREAS, the Council finds it is in the public interest to approve the request to vacate the unimproved portion of SW 90th Avenue located north of the intersection of SW 90th Avenue and SW North Dakota Street. THE CITY OF TIGARD ORDAINS AS FOLLOrFS: C ORDINANCE NO. 91- ~b PAGE 1 F - r - SECTION 1: The Tigard City Council hereby orders the vacation of the unimproved portion of SW 90th Avenue located north of the intersection of SW 90th Avenue and SW North Dakota Street, as described on the attached "Exhibit A" and shown on the attached "Exhibit B", and by reference made part hereof. SECTION 2: The Tigard City Council further orders that the vacation by subject to the following condition: - I 1. The applicants shall responsible for u~ le for providing an overhea easement for the existing pole and chor presently in the right of way. tvr.0; 1VY , ~o EVA► CrCL' d- l.t&tUTres SECTION 3: This ordinance shall be effective on the 31st day Le~ after enactment by the City Council, approval by(~mun the Mayor, and after a certified copy has been tv-L recorded with the Washington County Clerk,7JL,/,q(_ Assessor, and Surveyor. PASSED: By _ UMOLO.'lMUc 5 vote of the Council members present U' `f afte being read by number and title only, this L~& day of , 1991. ~iC] Catherine Wheately, City Recor r t- U.01day APPROVED: This of , 1991. Gera . Edwards, Mayor A oved-- as o o Dat F ORDINANCE NO. 91- r0 PAGE 2 C i j r f - EXHIBIT "A" A tract of land located in the D.C. Graham D.L.C. No. 52 in the southeast quarter•of Section 35, Township 1 South, Range 1 West, Willamette Meridian, City of Tigard, Washington County, Oregon, described as follows: Beginning on the east line of Lot 25, Graham Acres, a recorded plat, Washington County Plat Records, at its point of intersection with the southwesterly right-of-way line of Oregon State Highway 217; thence South 00017' West, 160.25 feet on the west right-of-way line of SW 90th Avenue (formerly Heintz Avenue) to the point of curvature of a twenty foot radius curve to the right; thence southwesterly on said twenty foot radius curve (the chord bears South 45055'35" West, 28.11 feet) 31.16 feet; thence North 89034' East, on the north right-of-way line of SW North Dakota Street, 90.0 feet to the point of curvature of a 20 foot radius curve concave to the northeast; thence northwesterly on said 20 foot radius curve (the chord bears North 45004'35" West, 28.46 feet), 31.67 feet; thence North 00017' East, on the east - right-of-way line of said 90th Avenue approximately 110 feet to said southwesterly highway right=of-way line; thence northwesterly, on said highway right-of-way line, approximately 70 feet to the point of beginning. sb/1745D REGISTERED PROFESSIONAL [RAID suRvr-_raR OP.FG jy - ~tAAY ~a•sas JON T. FEIGION 1F2252 '`~'s u 7Cn t so a os A„ a 00• 3900 3.~i7 A. Ufa Ac .62 so of y- by w o 2600 Z a 30 27 ti 4° GRAHAM f 26 LO-TS 13re ti 105 .602 1OA~ 260% 2603 w 7c 25 0 0 28 ° r~ 29 ,,~~✓r~J 23 - x T 10o is 40 os ZS a o°ao, X Jos - a rr•,~ 0, .Q4.43 c ffAMAti zoo ypr Amp 130 p.1 "C. 34 Kt IN 2700 JOKE c NtC z7 oz No Wra 10249 114 a 66Ac- • rr/.'U. X p W • vs~ ~ sNm ' p z0 AL ~ 2200 ~x o 0 2 200 °o t * SS9~3'► w z 7 x ~r y 270i n _ .39Ac. a C$• 4975 -t Cam- " 200 z O` 30 n w 200 462.33 _ 2100 ~ o ~ ` >re9.34w p69°s4 a ~ • 2 i 4,± ._.7.-► 1T3. 96 \ 2~ Ac. a: sew 603 \ m • ~ N CD .24 Ac- or.1~ 288 , 300 ° r Z 9• I r~+ 120 1}J o, t t Cj? 2000 w 2602 00 i r 3 a .26 Ac' ~ as X.40 p M 73.64 W ~ w 1~ 4 40.473.3 NIL a Sd- C 162.1 .„n 0 569 4•MR 6489 SQ o 329.2 464.9 66.3 2Q N 49 1v ° a 224.6 3000 z r r~ 2 Ac- \ 2900 a W + ` a L~ .65Ac• = C 14 444 • r: 2603 x / CITY OF TIGARD, OR t ORDINANCE NO AN ORDINANCE ADOPTING THE CITY OF TIGARD PARRS SYSTEMS DEVELOPMENT CHARGE; REPEALING ORDINANCE 87-71; AND DECLARING AN EMERGENCY THE CITY OF TIGARD ORDAINS AS FOLLOWS: Section 1: The Tigard City Council hereby finds: A. ORS 223.208 and 223.297 through 223.314 grant the City the authority to impose system development charges (SDC) to equitably spread the cost of essential park land acquisition and capital improvements to new development. B. The purpose of the Parks SDC is to impose an equitable share of the public cost of park land acquisition and park development upon those developments that create-the need for or increase the demands on capital improvements. The Parks SDC is separate from and in addition to any applicable tax, assessment, charge, fee in lieu of assessment, or fee otherwise provided by law or the cost of complying with requirements or conditions imposed upon a land development. The Parks SDC is to be considered in the nature of a charge for a service rendered or to be rendered, or a charge for facilities provided or to be provided. C. The Parks SDC is a charge upon the act of development by whomever seeks the development permit. It is a fee for service because it contemplates a development's receipt of essential municipal services based upon the nature of that development. The timing and extent of any development are within the control and discretion of the developer. D. The Parks SDC is not intended to be a tax on property or on a property owner as a direct consequence of ownership of property within the meaning of Sec llb, Art. XI of the Oregon Constitution or the legislation implementing that section. E. Even if the SDC herein imposed is viewed under Sec llb, Art XI of the Oregon Constitution as a tax against property or against a property owner as a direct consequence of ownership of that property, it is an incurred charge within the meaning of that Section and the statutes implementing it because: 1) It allows the owner to control the quantity of the park services by determining the extent of development to occur upon the property. 2) It allows the owner to determine when park services are to be initiated or increased by controlling when the development occurs. C PAGE 1 v r 3) State law and the ordinances of this city require the owner to provide certain basic infrastructure services to the property when it is developed for human occupancy. The provision of these basic services, including park facilities, are a routine obligation of the owner of the affected property and essential to the welfare of the community. F. The Parks SDC imposed by this ordinance is based upon the cost of providing existing or planned for capital improvements and does not impose a charge on persons not receiving a service and otherwise imposing a burden upon the City's existing capital improvements. G. Given the mobility of the population and the geographic size of the City, most park improvement projects and land acquisitions benefit new development regardless of where in the City it occurs. Development is occurring throughout the City and no single area of the City is experiencing or has experienced such a high level of new development as to require SDC revenue from development in one area to be dedicated to that same area. It is more cost efficient to use SDC revenue from new development in the entire community to finance the growth related portions of park capital improvements and land acquisition based upon city-wide priorities rather than to hold the SDC revenue generated in one area of the community for improvements in just that area. H. Among the basic services which the City provides are park facilities. These are facilities which are necessary to maintain an adequate level of recreational space and facilities as specified in the Natural Features and Open Space Element of the Tigard Comprehensive Plan. These facilities may include but are not limited to mini-neighborhood parks, neighborhood parks, community centers, and other recreational facilities which include but are not limited to athletic fields, playgrounds, restrooms and picnic facilities, hard court areas, and pedestrian and bicycle pathways. I. Whenever the City Council has authorized an intergovernmental agreement which permits the City to impose a Parks SDC outside the city limits, the Community Development Director may establish the methodology, and after its adoption by Council resolution, impose the charge and collect and expend the revenue as if it was for City park capital improvements. Section 2: As contained in this ordinance, the following definitions shall apply: Development: Development means constructing a building or making a physical change in the use or appearance of a structure or land which increase the usage of any capital improvements or which creates the need for additional park capital improvements. { PAGE 2 r t i Public Improvement Charge: A fee for costs associated with capital improvements to be constructed after the date the fee is adopted. This term shall have the same meaning as the term "improvement feel, as used in ORS 223.297 through 223.314. Qualified Public Improvements: A capital improvement that is: a) Required as a condition of development approval; b) Identified in a capital improvement plan, park plan or any other facility plan intended to guide the development of public infrastructure. c) Not located on or contiguous to a parcel of land that is subject of the development approval. Reimbursement fee: A fee for costs associated with capital improvements constructed or under construction on the date the fee is adopted. Systems development charae: A reimbursement fee, a public improvement charge or a combination thereof assessed or collected upon issuance of: 1) A building permit; 2) A development permit for development not requiring the issuance of a building permit; 3) A permit to connect to the water, sanitary sewer, or storm sewer systems. Section 3: Cost of Complying with the Conditions of Land Use Approval are Separate: The cost of complying with the requirements or conditions imposed by a land use decision are separate from and in addition to the Parks System Development Charge, unless the improvement required qualifies for a credit under this ordinance. Section 4: SDC Compliance with State Law: The revenues received from the Parks Systems Development Charge shall be budgeted and expended as provided for by state law. The accounting of such revenues and expenditures required by state law shall be included in the City's Comprehensive Annual Financial Report required by ORS Chapter. 294. The capital improvement plan required by state law as the basis for expending systems development charge revenue for park capital improvements shall be based upon the attached Exhibit "A" which also identifies the methodology which is used to establish the SDC. PAGE 3 i• Section 5: Exemptions From the Parks SDC: The following are exempt from the Parks SDC: 1) Any development which does not increase the need for or usage of the City's parks facilities. This shall include any i modification to a dwelling that does not increase the number of dwelling units within the structure or does not change the use of the structure. 2) Whenever the impact of individual developments presents special or unique situations such that the calculated fee is not proportionate to the actual impact of the development, the feepayer may opt to submit an alternative fee calculation study addressing whether the development provides public or private facilities which provide additional public parks capacity or which lessen demand on public facilities. The study shall be prepared by qualified professionals and the methodology shall be consistent with the best professional process. The study and supporting documentation shall be submitted to the City Administrator who shall consider the study and determine whether to adjust the fee. The adjustment may be up to 25% of the calculated charge for-the project. The decision of the City Manager may be appealed to the City Council by. submitting a written appeal within.60 days of the decision. Section 6: Collection of System Development Charge: The Parks System Development Charge is payable upon the issuance of: a) A building permit; or b) A development permit for development not requiring a building permit. If development is commenced without an appropriate permit, the Parks SDC shall be payable upon the earliest date that a permit was required. The Community Development Director or his/her designee shall collect the system development charge from the permittee. The Director shall not issue any permit until the charge has been paid in full. Section 7: SDC Credits: A credit shall be given -for the cost of a qualified park improvement associated with a development. The credit provided for by this section shall be only four the parks system development charge. The credit is transferable and can be used against parks charges for other developments within the City but must be used within five years of issuance. / PAGE 4 l Section 8: Parks SDC Appeal Procedures: 1) A person aggrieved by a decision required or permitted to be made by the Community Development Director or his/her designee or a person challenging the propriety of an expenditure of r system development charge revenues may appeal the decision or the expenditure by filing with the Community Development Director's office a written request for consideration by the hearings officer and by paying a $235 appeal fee. Such appeal shall describe with particularity the decision or the parks system expenditure which is being appealed. 2) An appeal of an expenditure must be filed within two years of the date of the alleged improper expenditure. The methodology shall not be at issue when taking an appeal of an expenditure. 3) An appeal challenging the methodology may only be filed within sixty (60) working days following passage of the resolution adopting a methodology. 4) The appeal shall state: a) The name and address of the appellant; b) The nature of the determination being appealed; C) The reason the determination is incorrect; and d) What the correct determination of the appeal should be or r how the correct determination should be derived An appellant who fails to file such a statement within the time permitted waives his/her objections, and his/her appeal shall be dismissed. 5) Unless the appellant and the City agree to a longer period, an appeal shall be heard by a Hearings Officer within 15 working days of the receipt of the notice of intent to appeal. At least 10 working days prior to the hearing, the City shall mail notice of the time and location thereof to the appellant. 6) The Hearings Officer shall hear and determine the appeal on the basis of the appellant's written statement and any additional evidence he/she deems appropriate. At the hearing, the appellant may present testimony and oral argument personally or by counsel. The rules of evidence as used by courts of law do not apply. 7) The appellant shall carry the burden of proving that the determination being appealed is incorrect and what the correct determination should be or how a correct determination should be derived. 8) The Hearings Officer shall issue a written decision within 10 working days after the hearing date and decision of the hearings officer shall be final. PAGE 5 3 9) When the appeal challenges the system development charge methodology, the Hearings Officer shall prepare a written report and recommendation an submit it to the Community Development Director for presentation to the Council at its next regular meeting. By Council resolution, the report and recommendations of the hearings officer shall be approved, modified or rejected and different methodology adopted. The implementation of any change in methodology shall be suspended until the Council has acted. Any legal action contesting the Council's decision on the appeal shall be filed within 60 days of the Council's decision. Section 9: Parks SDC Methodology: The methodology used to establish a Parks SDC shall consider the cost of then-existing facilities, prior contributions by then- existing users, and other relevant factors identified by the Community Development Director. The methodology shall promote the objective that future system users shall contribute an equitable ' share of the cost of then-existing facilities. The methodology used to establish the public improvement charge shall consider the cost of projected capital improvements needed to increase the capacity of the park system to which the fee is related. i Hereinafter, the methodology and the associated systems development. charge(s) may be changed by the City Council by resolution. j, t The Community Development Director shall review the methodology established by this ordinance after. it has been implemented for four months and shall report the result to the Tigard Parks and Recreation Board and the City Council or such other public body of the City concerned with the impact of City imposed charges and the cost of capital improvements financed in whole or in part by the systems development charge. Following that review, the Community Development Director, upon findings that conditions are such that warrant changes to the methodology, shall propose such revisions for consideration by the City Council. Section 10: Systems Development Charges Established: A Parks System Development Charge is hereby imposed upon all new residential development within the City as follows: a). Single Family Dwelling.. .....$500.00 b) Manufactured Homes on Individual Lots ...$500.00 C) Multi-Family Units ...$300.00 d) Spaces Within a Manufactured Home Park ...$250.00 The methodology used to establish the above system development charges, which is attached as Exhibit "A", is also hereby adopted. PAGE 6 L Section 1]_ Repeal of Ordinance 87-71: Ordinance 87-71, attached as Exhibit "B" is hereby repealed. Section 11: Declaration of an Emergency: i Because of the need to have new development bear its equitable share of the cost for public facilities, the matters herein contained concern the public welfare, and in order to allow its order implementation, an emergency is declared and this ordinance shall become effective upon its signing. PASSED: By ( ►'1QVA 1 n I0-k5 vote of all Council members present after being read by number and title only, this I day of diL~ , 1991. C 'ne Wheatley, Cit Recorde APPROVED: This CX day o , 1991. Gerald R. Edwards, Mayor f Aprr. das to fo l C htfoEnhy/ \~4,4AA'1-14 Date/ C PAGE 7 rd/sdcfindl.prk r EXHIBIT "A" PARKS SDC METHODOLOGY CITY OF TIGARD: YEAR 2000 PARKS CAPITAL IMPROVEMENTS LIST Based on 1991 Land and Facilities Standards and Costs and Assuming a Population Growth of 10,700 persons Component Emi.sti_ng Amount or Cost Cost Standard Facility Units P/Person Required Parks - Land Acqusi- tion and Development: - Community, 4.03/Acre/ 43.12 Ac. $40,000/Ac. $161.20 - Neighborhood, 1,000 pop. - Mini-Parks Basic Park Improvements:' .50 sq. ft. 87.77 Facility Requirements to Maintain 1991 Standards:2 Softball/Baseball .069/1,000/pop 1 $57,0003 ea. 5.32 ball Diamonds Multi-Use Hard .069/1,000/pop. 1 7,700 ea. .71 Courts Soccer Fields .10/1,000/pop. 1 64,800` ea. 6.05 Playground .34/1,000/pop. 4 20,000 ea. 7.48 Equipment Sets Horseshoe Court .068/1,000/pop. 1 500 ea. .05 Picnic Shelters .068/1,000/pop. 1 10,000 ea. .93 Restrooms .34 fixtures/ 4 10,000 fix. 3.74 1,000/pop. Total Possible Park System Development Charge Per Person $273.25 'Basic Park Improvements include grading, basic irrigation, primary pedestrian paths, lawn development and landscaping. $.50 sq. ft. is the estimated current standard of improvement. 'The facility amounts have been rounded to the nearest whole number. 'The actual cost of constructing a softball diamond is approximately $1.20 per square foot. In this case the basic park improvement cost of $.50 sq. ft. has been taken into account. ' A regulation soccer field costs about $1.20 sq. ft to construct. The cost per facility has taken into account the $.50 sq. ft. basic park improvement cost. t EXHIBIT "A" Continued: System Development Charge By Type of Unit 1) Single Family Unit (2.626 Persons Per Units * $273.25 = $717.56 2) Manufactured Homes on Individual Lots (2.626 Persons Per Unit $273.35) = $717.56 3) Multi-Family Units (1.858 Persons Per Unit * $273.25) = $507.70 4) Manufactured Home Spaces in Manufactured Home Parks (1.858 Persons Per Unit * $273.25) _ $507.70 rb/sdcnewrb 'Average household size as per 1987 Portland Metropolitan ( Statistical Area estimates and information from the Portland State l University Center for Census and Population Research. s' CITY OF TIGARD, OREGON ORDINANCE NO. 87- 'f C AN OR111:NANCE Of 1*11E TIGARD CITY COUNCIL AMENDING SECTION 3.16.030 OF THE )TIGARD MUNICIPAL CODE RELATING TO SYSTEM DEVELOPMENT CHARGES - PARKS AND RECREATT.ON FACILITIES, AND SETTING AN EFFECTIVE DATE. WIIFREAS, a systom development charge is imposed on new residential development to acquire, dovrlop, and expand additional park Arid recreation facilities: and WINiRFA;, t•he charges currently in effect- have riot- been adjusted since 1984 even though costs associated with acquisition, development, and expansion of park and recreation facilities have increased: and WHEREAS, the City Council has adopted a park plan as approved by the Park Board that sets forth the costs related to park facility expansion: and WHEREAS, a survey of neighboring communities indicates that the City of ej Tigard's current systems development charge for parks is well under the J average of ether City's in the area; and WHEREAS, the Tigard City Council desires to remove the formula for determining charges from the Tigard Municipal Code and to set the charges by resolution From this tine forth. THE CTTY OF T.IGARD ORDATNS AS FOLLOWS: Section t: 'Section 3.16.030 Formula for determining charge' is amended by deleting the existing language and adopting the following replacement language: "3.16.030 Determination of charges. The Tigard City Council shall set the systems development charge by resolution." Secl.ion 2: This ordinance shall be effective on and after January 1, 1988. PASSED: Ry L-knC~r, 1moy~s vote of all Council members present after being read by number and title only, this day of 1987. APPROVED: This 7 X-oreenl. Wilson, City Recorder ~ f day of 1987. Thomas M. Brian, Mayor Approvad as to form: _ Lti-~~J -C C,tr->1 t tt-orney l Date 1 cs/1900D ORDINANCE NO. 87.-_2L_ i C t i CITY OF TIGARD, OREGON ORDINANCE NO. 91- C AN ORDINANCE AMENDING TIGARD MUNICIPAL CODE (TMC), CHAPTER 2.36.040, OUTLINING THE LIBRARY BOARD RESPONSIBILITIES AND SETTING AN EFFECTIVE DATE. WHEREAS, the Tigard Library Board has reviewed the Library Policy Manual which includes reference to TMC 2.36.040 - Board Responsibilities; and WHEREAS, the City Council has reviewed the changes proposed by the Library Board to restate the duties and responsibilities of the Board; and WHEREAS, the Council is in agreement with the Board's recommended changes which will more accurately reflect the duties of an advisory board and how the Board carries out its' responsibilities. THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: Tigard Municipal Code Chapter 2.36.040, Board-- Responsibilities, is amended as outlined in the attached Exhibit "A." SECTION 2: This -ordinance shall be effective 30 days after its passage by the Council, approval by the Mayor, and posting by the City Recorder. l PASSED: By unanimous vote of all Council members present after being read by number and title only, this day of , 1991. W Ca in Wheatley, City Record-f- L~L APPROVED: This day of ; 1991. Gerald R. Edwards, Mayor A p ved as to fo Ty ttorne I(~ 1 t Date ORDINANCE NO. 91- Page 1 EXHIBIT "A" The Tigard Municipal Code Chapter 2.36.040 currently reads as follows: 2.36.040 Board Responsibilities. The library board shall have the following responsibilities: (1) To advise the city administrator and city council of findings and concerns relating to the management, control and operation of city library facilities; (2) To formulate for recommendation to the city council, rules, regulations and policies as deemed desirable for the governance, maintenance of order, safety, operation and utilization of library facilities and to monitor the application of all adopted rules, regulations and policies; (3) To monitor the operation of the library for the purpose of identifying any deficiencies in the level of service being provided to the public and to recommend to the city administrator and city council appropriate remedial actions where deficiencies are fund to exist; (4) To make recommendations to the budget officer regarding financial needs of the library during the preparation of the annual budget; (5) To encourage and support active volunteerism in support of the use and improvement of the library facilities; (6) To ascertain the library needs of the community and to present to the city council evaluations and recommendations to present to the city council evaluations and recommendations regarding needs and desires as expressed by library patrons; (7) To perform such other duties and to provide such other advice as the council may request from time to time in furtherance of the goal of providing the best library service to the public as is possible under the constraints of available revenue, space, manpower and other public= resources. The foregoing wording shall be replaced in its entirety with the following: 2 36 040 Board Responsibilities. The library board shall have the following responsibilities: (1) To represent the library needs of the community and communicate those needs to the City Council; (2) To recommend library policies as deemed desirable in the operation and utilization of library facilities to the Council; f (3) To encourage and support active volunteerism in support of the use and improvement of library facilities; (4) To advise, as the council may request, in furtherance of the goal to provide the best library service to the public as possible within the constraints of available resources, space and manpower. H:\login\cathy\Hbrary ORDINANCE NO. 91- Page 2 r t E G2cICCA - Sf ~ ScsSi tn'1 7/l 14l PROPOSALS FOR WATER SYSTEM STUDY After reviewing the four submitted proposals, three are clearly superior and deserve further consideration. The following is a comparison of the top three proposals. Elements of the proposals that are pertinent to selection are compared, followed by information concerning the organizations and/or individuals in the organizations. Proiect Understandinv Economic and Engineering Services James M. Montgomery Murray, Smith & Associates succinct and to the point. They exhibit an Detailed explanation of what is needed by the Right on target in terms of what was asked understanding that this study is a decision city including existing circumstances and for in the request and what was talked about making tool rather than an "engineering information on each element. Exhibits in meetings. They did their homework by study" as well as what information is understanding of the need for a decision collecting and referencing 13 available required for that decision. making tool and suggests that studies, maps and documents that could be "institutional/legal issues" are a part of useful in the study. this study. They also suggest that impacts of City withdrawal be considered. Firm alifications Economic and Engineering Services James M. Montgomery Murray, Smith & Associates Firm has been in existence since 1978 and has Firm was organized in 1945 and has 33 offices Firm was organized in 1980 in Portland and completed numerous water system projects some throughout the U.S. and 6 permanent foreign has completed numerous water related projects of a similar nature to what is required for offices. Firm specialty is water related in the Northwest since that time. Conducted Tigard. In addition to Portland, the firm engineering and they have extensive relevant the same type of study for the City of has offices in Washington State, British experience. Portland prior to City assumption of Columbia and Washington D.C. operation of 10 water districts. Method of Approach Economic and Engineering Services James M. Montgomery Murray, Smith & Associates The study is broken into nine separate tasks Suggests creating a City Review Committee Suggests an approach that follows but including a final report. ' The study begins comprised of Pat Reilly, Randy Wooley, one or elaborates upon the City's outline as with an initial Project meeting with two council members and John Acker with the identified in the request for proposals. They representatives from the City and each water option of including representatives from the will prepare and submit to the City seven district to discuss the goals of the study water districts, and the Cities of Durham and technical memorandums sumo izing the and to gain a common understanding of project Ring city. findings of each major work task. A technical No NMI issues. Two progress meetings and a The project is broken into 13 tasks with an presentation of the final report to the City initial meeting and four review/progress review meeting will be held to review the council are also called for. Generally meetings culminated by a presentation of the content and findings of the memorandums prior accepted engineering and rate-making methods final report to the city Council. They also to preparation of the final report. The will be used. One work task is to review include review of organizational, final report will be presented to the City financial, legal and institutional issues institutional and legal issues which, again Council, City Staff and interested public which we would need to determine if we want we would need to determine the correct agencies, in particular the affected water done now or in a future phase. timing. Four "task reports" would be prepared purveyors. during the process that summarize particular tasks. In addition, a draft report will be submitted for review prior to preparation of the final report. Project Team Economic and Engineering Services James M. Montgomery Murray, Smith & Associates The project team consists of five qualified The project consists of five qualified The project team consists of four qualified individuals; four with engineering individuals: three with engineering individuals, all with engineering backgrounds and a financial analyst. backgrounds, one with administrative backgrounds. background and an attorney. Budget Economic and Engineering Services James M. Montgomery Murray, Smith & Associates $28,750 as defined in scope of services A range of $29,380 - 39,940 depending upon a Estimated fees of $38,150 based on their final determination of scope-of-work and understanding of the project and the proposed level-of-effort that would be determined scope of work. through discussions with the City after consultant selection. Other Information Economic and Engineering Services James M. Montgomery Murray, Smith & Associates This is the firm that has conducted most of This firm is well known nationally for water This is a rather small local firm with a the studies undertaken by the Tigard Water related work. Ed Tenny, former director of solid background in waterworks. None of the District. EES and Gil Meigs, the proposed the Portland Water Bureau, is on the project project team has any known connection with project manager for the Tigard project, are team working on e v a l u a t i n g either water district. involved in the regional water source study institutional/organizational aspects of the sponsored by the Portland Water Bureau. study plus analyzing water supply issues. low each g°Yond the ea H. Montgomery if Tigard assumes Seryjces and Jam entities national and Engineering of impacts to othfirmgring range from tin-between. of Economic Bata a review ine- The is Proposals M Montgomery sugg can determ and Enginee that wo 1d be useful sale. conomic Produce roduct well organized PrOp° issues - James •water indn to as far as sized to a good P Ail firm , of in the Smith F, Aasocia with raid- s submitted reePonaive anizationalthon4ht have the ability of experience to eat a look at org :e al orda, and sugg s. All firms the local firm of Murray, track rec dt on info M d bYebe rmati physical system based on the resources an of the water SYett~omery to the alified and dS can met as operation highly a firm that has that our nee prominence of James • Montgomery are all the study, 21 f . firm so viduals on the prefect ndence of flexibility o a flexibility, we ° d City• the credibility and intat phase, and 31 this rk to the negotiate and ,+O implementation p Given into the otiated at our discretion- rtunity to other factors to consider , ifdnecessary, sed Or neg there will be OPP° h on this work, be as PYOp° In any case, follow thr°u9 ,cork could b t our needs' and that staff begin is gathered* that the Scope-Of- to better fit the project. for Tigardr stated Scope-of-work roceed stem study reV68t sent to these firms altering the scope as we P lete the water SY era if The with the idea refine the study Suited t0 cO1°p and rate Pay Select a firm to further r the firm befit anizations ith the chosen firm selected as the City, other erg a Montgomery be ended because, the way- Jamea M- is recomm implications to along eceasarY Staff recommends that James M. Montgomery JMM would consider to egotiate a contract- the study, shape the study as ° 1 changes n the nature of system* to review and re- and organizational altering~ent of the water le pportunitY withdrawal Without significantly mana9 ° iremente for I. the City were to assume manner that allows ~Ap such as legal and Procedural reY° They approach the study in a participatory 2• assessment of implementation issues The protect includes an 3. that may be needed. waterpro-com 7/16/91 C LIA A I~I 11A I E y ~vEI. LED Dm I C D CoR P ` July 1991 DATE: May 15, 1991 TO: Board of Directors FROM: Mary L. Tobias RE: President's Report April 15 - May 10, 1991 This month much of the staff's time was spent following two major issues at the legislature: auto emissions and urban renewal. In addition, we tracked the Transportation Planning Rule through its adoption by LCDC. Casino Night was our most demanding program and the 1991/21 budget required the most administrative time. PROGRAMS REGIONAL PLANNING As the implementation of Ballot Measure 5 moved closer to completion at the legislature, the issue that emerged which is of concern to TVEDC and our members (particularly the local governments) is the status of tax increment financing for urban renewal. We continued the work that was begun last month to support local government in urging the House Revenue & School Finance subcommittee to adopt new language that would not jeopardize the outstanding bonds for existing urban renewal districts and would enable cities to continue to use tax increment financing as a mechanism for funding infrastructure development in the future. To my knowledge, TVEDC was the only private sector organization that provided testimony on the bill. We worked with the cities of Tualatin, Beaverton, Hillsboro and Tigard and with the League of Oregon Cities in presenting our support. The legislature has passed and the governor has signed SB 298 B- Engrossed, the bill that establishes the METRO Charter Committee to draft a home rule charter for the Metropolitan Service District. I have been asked by the cities of Washington County to serve as their representative on the committee. The committee has just begun to meet for the purposes of organization under the leadership of Hardy Myers, chairman. METRO has indicated that they would like the committee to have a charter to the voters in May 1992. In order to accomplish that goal, the committee would have to complete its work by September of this year. There is general skepticism among the committee members that this can be done. It looks like the earliest a charter could go to the voters will be in November of 1992. The Council for Economic Development in Oregon (CEDO) held a regional meeting in Salem in April. Invitees included representatives from the public and private sectors of Benton, Lane, Lincoln and Linn counties. This regional briefing explored some of the ways start-up companies are being assisted through start-up incubators in Benton County and the advantages of C business recruitment networks as exemplified by the Willamette Valley Economic Alliance. Speaker of the House Larry Campbell gave an informal briefing to update us on issues before the legislature including the TVEDC "TVEDC President's Report April 15 - May 10, 1991 Page 2 distribution of lottery funds for economic development. Delna Jones brought everyone up to date on the implementation of measure 5 and on the urban renewal bill. Senator Joyce Cohen gave a briefing on higher education, particularly the future of higher ed in the Portland metropolitan area. , TVEDC Chairman Pat Ritz and I did a presentation to the Washington County legislative delegation at their monthly brown bag lunch this month. Pat brought to their attention our interest in the air emissions bill, urban renewal, higher education and affordable housing. The State Agency Council on Growth in the Portland Metropolitan Area met for a full day retreat this month. I attended this meeting as an observer and felt somewhat reassured at the end of the day that the council is becoming more focused and directed. Governor Roberts attended-for part of the session and she plans for the council to continue to meet. In fact, the governor asked that the council explore expanding its interests to include other growth areas (e.g. Bend). Certainly, the agency directors are still asking the questions that they began to address last year - who should direct growth management in Portland, should there be a change in governance in the Portland area, should the state take a stronger role, etc. However, I do believe there is more consideration being given to the role that local government plays in local service delivery. At this time, we are still waiting for the Board of Commissioners to reconstitute the Economic Development Task Force Steering Committee. We are hoping that the project will be back on track by July 1, 1991 so that we can complete the Economic Development Plan by the end of the next fiscal year. We still think there might be merit in consulting the county about restructuring the process and basing it entirely in the private sector. As we noted in February, this would mean that we would have to carefully analyze the funding and staffing issues that changing the process would necessitate. I presented quarterly briefings at the Durham, Beaverton and Hillsboro city councils this month. The issues of auto emissions and transportation were of particular interest to the councils. The PDC Marketing Portland Coordinating Council met this month to discuss the impacts measure 5 will have on the members. In addition to analyzing the direct impacts of Mea''aure 5, the council got a status update on urban renewal from PDC's staff attorney and Hillsboro's David Lawrence. i i' i TVEDC President's Report April 15 - May 10 , 1991 Page 3 ISSUES MANAGEMENT Western Bypass: ODOT has been presenting the Statement of Purpose and Need for the Western Bypass Study to Washington County and the cities for adoption. This document defines the transportation problems in Washington County and essentially says there is a purpose to conduct the Western Bypass study and there is a need to solve the transportation problems defined to date. STOP has been at all of the meetings where ODOT has appeared and objected to the interpretation put on the data by the study consultant team. I was unable to attend all of the council meetings for this issue, but I did appear at the Beaverton, Hillsboro and Tualatin councils and spoke in favor of the study. 1000 Friends of Oregon has hired a prestigious group of consultants for a three year study of the changes that can be made in land use patterns in the region. The purpose of the analysis will be to demonstrate with specific recommended changes in densities and land uses that we can accommodate growth in the region without having to build new highways (e.g. the Western Bypass) to avoid congestion. TVEDC board member Jim Standring has been asked by 1000 Friends to serve on the steering committee for the study and l ie has accepted that position. Mike Wert, ODOT's bypass study project manager, is serving on the technical advisory committee for the study. We have asked Henry Richmond, 1000 Friends of Oregon to speak about the study at a quarterly meeting and he has accepted for the September meeting. Transportation Planning Rule: LCDC adopted the Transportation Planning Rule this month. TVEDC raised concerns about a specific section (660-12-065 (6) (g)) of the rule that as it is written makes building of the Western Bypass impossible. I met with Susan Brody, Director of DLCD, about that section of the rule and it, was her opinion that the bypass would be blocked by the section, but that the facility could then be taken through the exceptions process in the rule and if it met the exceptions test the project would go ahead. TVEDC questioned whether the bypass couldn't be held to a strict interpretation of the specific section or at the least challenged on this section which would put the'project back into the courts at considerable expense in time and money for legal work. Susan did not think that could occur, but agreed to get an Attorney General's opinion on the issue. When TVEDC learned that the AG would not be issuing a formal opinion, but only a verbal, informal opinion of the process as designed in the rule, we asked some of our members for their opinions. Two of our member land use attorneys felt that since the bypass has such strong, organized opposition, our interpretation would be a likely outcome. I raised this point again to DLCD staff and the commission at their meeting in Eugene. To take note of the commission's intention when adopting the rule, the motion to adopt included notice that section 660-12-065 (6) (g) was not intended to block he Western Bypass. However, I will not feel comfortable with the rule ,ntil I have seen the motion entered into the official record of the commission's meeting. ii TVEDC President's Report April 15 - May 10, 1991 Page 4 i OUTSIDE MEETINGS In the report period, TVEDC was represented at the following outside meetings or events: PRESENTATIONS Beaverton City.Counti7. - Quarterly Briefing & Western Bypass Hillsboro City Council - Quarterly Briefing Durham City Council - Quarterly Briefing Tualatin City Council - Western Bypass Support House Energy & Environment Committee - HB 2175 Air Emissions House Subcommittee Revenue & School Finance - Urban Renewal REGIONAL MEETINGS Washington County Transportation Coordinating Committee - Monthly meeting PDC - Coordingating Council Portland State University - President's Council - President's Council Executive Board CEDO - Regional Meeting/Salem - Executive board meetings - Board meeting METRO/Urban Growth Management Study - Technical Advisory Committee METRO/Joint Policy Advisory Committee Transportation - 8B 2175 Washington County Public Affairs Forum - Weekly meetings - Board of Directors Governor's State Agency Council - Annual Retreat METRO Charter Committee Hillsboro Chamber of Commerce - Monthly Meeting Washington County Legislative Delegation - Brown Bag Meeting HB 2175 Working Group - Auto Emissions Land Conservation & Development Committee- Transportation Planning Rule TVEDC SPONSORED ACTIVITIES OR EVENTS f 1-5 Breakfast Forum - "Oregon Road Finance" (Ted Calouri - State Representative) Times Article - Growth Problems Won't Be Eliminated So Easily Business Briefing Breakfast - Meridian Park Hospital Casino Night i ' TVEDC President's Report April 15 - May 10, 1991 Page 5 PRESS CONTACTS Oregonian/Tony Green - Casino Night Business Journal - Western Bypass Michelle Trappen/Oregonian - PSU President Ramaley INDIVIDUAL CONTACTS During the reporting period TVEDC staff contacted or were contacted by the following members and associates on TVEDC business: Susan Brody/DLCD - Oregon Transportation Planning Rule Delna Jones/State Representative - Transportation Planning Rule Ted Calouri/State Representative - Transportation Planning Rule Tim Ramis/0'Donnell Ramis Crew & Corrigan/ METRO Charter David Lawrence/Hillsboro - Urban Renewal BJ Smith/LOC - Urban Renewal Jim Craven/AEA - HB 2175 Air Emissions - David Knowles/METRO - BB 2175 Air Emissions Bonnie Hays/Washington County - Update Chris Piper & Keith Lyons/KBNP Business Radio - Membership Mark Nicklas/MCI - Corporate Membership Wendy Edwards/First Technology Credit Union - Update Bob Rivera/New England Life - Membership Leslie Wherry/World Affairs Council - Internation Trade Delegation Henry Richmond/1000 Friends of Oregon - Land Use Patterns Study Blanche Schroeder/Portland Chamber - Update John Holloway/Bolliger, Hampton & Tarlow -Business Briefing Matt Taylor/Great Northwest Management - Western Bypasss Kris Hudson/Governor's Commission on Higher Education - Speakers TVEDC COMMITTEE STAFFING The following TVEDC boards and committees met during the reporting period and were attended by staff: Board of Directors - Retreat Executive Board Issues Research Committee Transportation Committee Membership/Programs Committee Casino Night Committee I-5 LEADS Club DATE: February 16, 1991 TO: Board of Directors FROM: Mary L. Tobias RE: President's Report January 14 - February 15, 1991 This month we spent a great deal of time and effort gearing up for the 199, legislative session. 'Our efforts included initial reviews of the bills that had been introduced and evaluating the extent of our efforts at the legislature. In addition, we reevaluated the budget at the mid-year point and began to program any needed mid-year corrections. Finally, we began to look at our programs at the staff level as we are getting ready to put together the 1991/92 budget for the board. PROGRAMS REGIONAL PLANNING The passage of Ballot Measure 5 and the efforts of the legislature to design new property tax law to implement the measure were of primary interest to TVEDC and many of our members. TVEDC was asked to speak on the impact of the property tax limitation on business and the Oregon economy at the Tigard Rotary and the Tualatin Chamber of Commerce. Because so much is uncertain at the present time, much of what we can say at-the present time is anecdotal. However, some of the unease in the state is becoming apparent from the conversations we have had with various business owners in the region. There i.s growing concern that business will be asked to make up some of the revenue lost to both the state and the local governments through the implementation of measure 5. Proposals for increasing fees and business taxes are appearing at every level. Although in some cases, increased fees to cover the direct costs of government programs can be justified, we see the need for our cities, counties and the state to thoroughly analyze any additional fees and taxes to be certain they accomplish the goals for which they are assessed. This will be an issue that will need a great deal of attention throughout the balance of the legislative session and throughout the biennium. The Council for Economic D•evelopmen_t in -Oregon (CEDO) held a regional meeting in-Coos Bay in early February Invitees included. the public and private sectors from Coos, Curry, Douglas, Jackson and Josephine counties. The regional meeting focused on the role of the Port of Coos Bay in the Oregon economy. At the board meeting which followed the regional briefing, I raised the issues of a sunset provision on the implementation of fees and taxes during this time of urgency for dealing with revenue shortfalls from implementing measure 5. I also brought to the board's attention, the problems attendant to HB 2175, the air emissions bill. CEDO's Legislative Committee will review both of these issues and bring a recommendation for action to the executive committee's meeting in March. TVEDC President's Report January 14 - February 15, 1991 Page 2 This month the PDC regional marketing campaign moved into the fundraising phase with the first of several regional meetings designed to draw attention to the campaign and to inform the business community throughout the greater Portland area of the importance of building an external image for Portland and the r-egion. TVEDC, the Sunset Corridor Association and the City of Beaverton participated in -a Washington County meeting and each o-f us presented a -part -of the regional marketing campaign-- -r.&oiy. -I am-not aware of any dollars raised from this meeting, but there was strong interest in the coordinated approach to marketing. At this time, we have not made any progress on the County's Economic Development Task Force project. The Board of Commissioners is in the process of completing the committee restructuring process. With the passage' of Measure 5 it seems to be even more important to have a coordinated county wide effort to address economic development programs. However, also in view of the problems attendant to measure 5, it.might be best if we consult the county about restructuring the process and basing it entirely in the private sector. This would mean that we would have to carefully analyze the funding and staffing issues that would arise, but I am inclined to believe this is P the only way to proceed at this time. ` I presented a quarterly briefing at the Durham City Council meeting this month. Again, Ballot Measure 5 is the predominant topic for discussion. One of the concerns for this council is the issue of funding education at all levels. Portland State University President Judith Ramaley has established a new President's Council, an advisory committee comprised of PSU administrators and business interests to address the role of the university in the community. Dr. Ramaley has asked me to serve on that committee so that Washington County's interests will be addressed. I have also been asked to serve on the executive committee for the Council. Because the future of higher education in Oregon is of paramount importance to economic development, I have agreed to both of these requests. it appears that higher education is going to-undergo some severe budget cuts in this biennium. Because the general public is unawa-r-e of the -impact post secondary education plays in the economy,_I believe it is very important that TVEDC takes a leadership role on this issue. In addition to higher education, the community college program in the state will suffer program reductions as a result of measure 5. I met with PCC Rock Creek Executive Dean Betty Duvall to discuss the early -information she is getting on budget cuts. Because of the cutbacks in the colleges and universities - especially the tuition hikes and the enrollment lids - it looks as though the community colleges will have to assume an even greater responsibility for providing the first two years (undergraduate level) of ( zollege for many Oregon students. This will become increasingly difficult with fewer or severely limited dollars. µ TVEDC President's Report January 14 - February 15, 1991 Page 3 ISSUES MANAGEMENT Western Bypass: The Western Bypass Study is continuing to proceed on schedule. State Senator Paul Phillips and Representative Ted Calouri have both expressed frustration with-the length of time the study is taking. OD-OT staff has gone back through the federal requirements for the project and feels that the first two years , of t-he process can be -shortened -b.y approximately two months. However, ODOT does expect litigation when the first stage of the process gets to some of the land use decision points. In addition, 1000 Friends of Oregon is reported to have hired a consultant to look at current land use patterns in local comprehensive plans and decide if they can be changed to avoid the construction of a new highway. In my. opinion, it is still very possible that the ODOT study will not conclude with a recommendation that the Western Bypass be built. Transportation Planning Rule: The Transportation Committee has scheduled a briefing on the proposed rule for their February meeting. Bob Cortright, DLCD staff, has been invited to update the committee on the recommendations they will make to LCDC. We have continued with our analysis of the rule and some of our primary concerns deal with the economic impacts the rule imposes on business versus the fiscal impact on local or -regional governments. It seems likely that most of the costs that will be incurred to move toward a heavy emphasis on non-auto modes of transportation and facilities that will support these modes will be borne by the business and development communities. Although the implementation of land use planning requires economic analysis, most of the work that is done seems to be primarily fiscal impact analysis on the implementing governments. There is a big difference between fiscal impact, as I am using it here, and economic impact. TVEDC will provide testimony to LCDC on some of our concerns with the rule at the March meeting of the commission. Other: DEQ's proposed HB 2175 on air emissions continues to be a focus for our current efforts. We have issued a TVEDC Alert on this bill and have generated considerable interest from our members. A major problem with the bill with respect to fees for auto emissions is that it essentially gives the EQC a blank check for assessing-fees for anything they feel might be reasonably linked to the au-to. In our opinion, this is -not the correct F approach to take in trying to find solutions to the problems attendant to auto emissions. However, following conversations with the American Electronics Association lobbyist, Jim Craven, we have learned that it is important to their industry that some form of the industrial source emissions legislation be passed out this session. The TVEDC Legislative Task Force is working on this bill and will recommend an action to the board. E f TVEDC President's Report January 14 - February 15, 1991 Page 4 METRO is finishing the plans for their second annual urban growth conference. Last year's conference consensus has been used as the basis for establishing the Regional Urban Growth Goals and objectives and is being touted by METRO as representing the will of the region. The problem with this is that last year's conference was sadly lacking in representation from the bu-siness community. We issued-our first TVEDC .Alert on this year's conference. Again, th-e response-to this information tool has been 'very positive. MEMBERSHIP/PUBLIC EDUCATION PROGRAMS The February I-5 Breakfast Forum featured Charles Cameron (County Administrator, Washington County) speaking on the impact of ballot measure 5 on county government. Once again, we had a full house with approximately 50 people attending. Senator Paul Phillips opened the program with a legislative update. Certainly, by the time Paul and Charlie finished, everyone in the audience was fully aware of the uncertainties with which Oregon is faced. The program for the March Forum will be "Measure 5 and Our Schools" with the superintendents of the Sherwood, Tigard and Beaverton school districts presenting. The first Tualatin Valley Dialogue for 1991 dealt with an update on the Tualatin River cleanup and a discussion of who will bear the costs. New data is being analyzed by both DEQ and USA on phosphorous levels in the river at the headwaters of all the tributaries. Early findings show that many of the streams have higher levels than those required by the standards at these headwater points. The question becomes, if the data holds through the remainder of the research, can the standards be lowered to meet the levels found in nature. DEQ staff feels that this is a real possibility. We found ourselves without a place to hold the Dialogue this month and turned to a member of the board for assistance. Bob Berger, GTE Northwest, came to our aid and GTE agreed to host the Dialogue at their Cornell Road office. - Greg Van Pelt ISt. Vin-cent Hospital & Medical Center) hosted a Business Briefing Breakfast in January. Greg presented an overview of St. Vincent's five year--:capital =improvement-•p-rogram• and a -short.history of-t~he hospital. Bonnie Hays and Mayor Larry Cole also presented updates on their jurisdictions. Interest in the breakfasts remains high and the key now is to continue the required follow-up. we are continuing the membership renewal campaign. This should be completed (for the most part) by mid-March. Then our attention will turn to an aggressive membership recruitment effort. It is imperative that we bring some new corporations into TVEDC. The continual expansion of the membership is important to maintaining effective programs. TVEDC President's Report January 14 - February 17, 1991 Page 5 Planning is going forward for Casino Night 1991. We have an enthusiastic committee and they are proposing an exciting event. We plan to have tickets ready for sale by the first of March. The biggest problem, currently, is finding a location that will hold the event. ADMINISTRATION Staff spent a great deal of time evaluating the income and expenses of the corporation in the year to date. With the advent of budget time for both TVEDC and our local government members, we want to have a sense of how we are doing in relationship to our projections. The early analysis points up the importance of increasing the membership base over the next four months. Without increased income from dues, it will be essential that we cut our program costs. It is also important that we begin to look at ways to create new income from special projects. Staff will look at several alternatives and present { these to the board at the annual retreat. A board task force (Pat Ritz, John MacDonald and Mary Tobias) reviewed expected revenue versus anticipated expenses and prepared a report for the board of directors January meeting. Preliminary analysis of the figures shows that we will end the year almost exactly on budget. It will be important to continue to watch costs closely during the second half of the fiscal year. TVEDC will have a full page ad on the inside front cover page of special Times Newspapers supplement to be published in late February. The cost for the ad will be paid by the income from a Times Newspapers membership and two member sponsors - Barbara Sue Seal Properties, Inc. and Tektronics. This ad will stress the importance of public-privatte partnerships and TVEDC's role in providing this important linkage. i TVEDC President's Report Asi. 14 January - February 15, 1991 Page 6 OUTSIDE !MEETINGS In the report period, TVEDC was represented at the following outside meetings or events: -PRESENTATIONS Tigard Rotary Club - Measure 5 and Economic Development Tualatin Chamber of Commerce - Measure 5 Durham City Council - Quarterly Briefing REGIONAL MEETINGS Tigard Chamber of Commerce - Legislative meeting - Consulting on business survey Washington County Transportation Coordinating Committee - Monthly meeting Delta Airlines Lunch - Inaugural flight for Portland/Nagoya route PDC/TEAM Portland - Subcommittee on regional meetings - Washington County business leaders breakfast Portland State University - President's Council President's Council Executive Board CEDO - Regional Meeting/Port of Coos Bay - Executive board meeting - Board meeting ODOT - Citizens Advisory Committee/Western Bypass METRO/Urban Growth Management Study - Technical Advisory Committee METRO/Joint Policy Advisory Committee Transportation - EB 2175 Washington County Public Affairs Forum - Weekly meetings - Board of Directors Business-Education Compact - Monthly meetings Portland Chamber of Commerce - Metro Area Chamber/Corridor Association Executives meeting - Measure 5 Washington County Visitors Association - point Executive Boards Washington County Community Action Organization - Mardi Gras TVEDC SPONSORED ACTIVITIES OR EVENTS I-5 Breakfast Forum - "Challenges of Measure Five" (Charles Cameron - County Administrator, Washington County) Times Article - Does Oregon Still Offer Competitive Advantages for Business? Tualatin Valley Diaglogue - "Tualatin River Clean Up After Measure 5...Who Pays?" (John Jackson/USA and Don Yon/DEQ) ( Business Briefing Breakfast - St. Vincent Hospital & Medical Center t Fi E 1 TVEDC President's Report January 14 - February 15, 1991 Page 7 v PRESS CONTACTS Times Publications/Publisher Steve Clark - TVEDC ad in special publication Oregonian/Tony Green & Jerry Tippens - Regional and statewide cooperation Oregonian/Tony Green - -Update o-n TVEDC - Oregon Scientist - Economic development & -higher education Times Newspapers/Matt Buckingham - Air emissions bill INDIVIDUAL CONTACTS During the reporting period TVEDC staff contacted or were contacted by the following members and associates on TVEDC business: Mick Sinnerude/Norris Beggs & Simpson - Industrial land available Bob Alexander/Forest Grove Cornelius EDC - Transportation issues Joan Pasco/Gresham Chamber of Commerce - Regional economic development Chuck Frost/Tektronics - Westside Light Rail legislation "David Lawrence/Hillsboro - Westside Light Rail legislation Walt Peck/Washington County - Westside Light Rail legislation Blanche Schroeder/Portland Chamber of Commerce - Measure 5 Carol Clark/WCVA - Agency coordination Bonnie Hays/Washington County - Update Debbie McCabe/GTE - Marketing Portland program Judith Ramaley/PSU - Portland State University President's Council Chief Jack Snook/Tualatin Valley Fire & Rescue - Update Jeff Johnson/Tualatin Valley Fire & Rescue - Update Rollie Kornick/Accredited Brokers - Business relocation Tom Markgraph/Barney & Worth - Oregon Roads Financing John Holloway/Bolliger, Hampton & Tarlow - Update Betty Duvall/PCC Rock Creek - Update Joan Smith/Washington County Historical Society - Living History Farm Steve Petersen/OEDD - Statewide issues re economic development Paul Phillips/Senator - Legislative briefings - TVEDC Interdependency Study Yvonne Addington/OEDD - TVEDC Interdependency Study Janet Young/Tualatin - Business relocation Diane Perry/Dotten & Associates - Governor's Conference on Growth Kris Hudson/Governor's Commission on Higher Education - Speakers Cliff Clark/Forest Grove Mayor - Air emissions bill Jim Craven/American Electronics Assosciation - Air emissions bill Bill Knox/UPS - Air emissions bill & Clean Air Act C t i TVEDC President's Report January 14 - February 15, 1991 Page 8 TVEDC COMMITTEE STAFFING The following TVEDC boards and committees met during the reporting period and were attended by staff: Board of Directors Executive Board Ad Hoc Finance Committee Issues Research Committee Legislative Task Force Transportation Committee Membership/Programs Committee Casino Night Committee I-5 LEADS Club i i' S' May 21, 1991 TO: TVEDC Board of Directors FROM: Mary Weber REGARDING: Information Services/Summary of Activity INFORMATION REQUESTS March 26, 1991 through May 20, 1991 PCS Computer Corporation Huntington, CT Jim Goede General area information Lori Enright Beaverton Subarea demographics for market analysis Valley Times Tigard Leslie Constants Foreign investment in the Tualatin Valley Bill Parks Beaverton Area employers,directory of manufacturers Referral to OEDD METRO Portland Elaine Schmerling Area contacts for recycling programs Winerton & Walberg Builders San Francisco, CA Donald Leyman Demographic and market information Page - t Anne Marie Steigers Portland Employment and population forecast. Beaverton Area Chamber of Commerce Beaverton Area growth rate and population projections The Word & Image Works Lockport, IL Thomas Hoffer Market information FURUKAWA (cable mfg, co.) Peachtree City, GA Steve Caron Area information - "Doing Business in Washington Cty" packet xeieried ro PDC Jane Sterrett, Consultant Portland Area information: working on USA bond proposal t t I F T' Paee - March 26, 1991 TO: TVEDC Board of Directors FROM: Mary Weber REGARDING: Information Services/Summary of Activity INFORMATION REQUESTS February 23, 1991 through March 25, 1991 Macadam & Forbes Portland Mike VanDenburgh Employment data, largest employers - for hotel development feasibility study National Mortgage (lender) Dean McCluskey Portland Employment data, largest employers - for hotel development feasibility study Oregon Realty Larry Roland Tigard _ Demographic information for preparation of a marketing plan for a residential development in Tigard Washington County Chairman Bonnie Hays Hillsboro "Doing ,,business in Washington County" binder Wade Price Portland Market information regarding companies in credit reporting business - referred to OMBA February 27, 1991 Alp- TO: TVEDC Board of Directors FROM: Mary Weber REGARDING: Information Service/Summary of Activity INFORMATION REQUESTS January 30, 1991 through February 22, 1991 Stellar International *Holdings (Swedish based investment company) Seattle Dean Trenery Washington County market information Benner Research Group Beaverton Michele Piper Census data Professionals 100 Lake Oswego June Green Information on tax rates under Measure 5 The Chambers Group (Management Consultants) Seattle Claire M. Meany Area developments Ken McBean Calgary Alberta Area information, specifics on housing costs Sig Unander (small business owner) Cornelius Area developments Northwest Appraisal Corp. Portland Chuck Atkins Washington County statistics C "Tip" regarding Apple Computer plans for a new facility Referred to Portland Development Commission Zlx~z NY/ ' . TUALATIN VALLEY ECONOMIC DEVELOPMENT CORPORATION April 15, 1991 TO: Britt Ferguson Deputy County Administrator Washington County FROM: Iary Weber Program Manager Tualatin Valley Economic Development Corp. REGARDING: Summary of Activities Per the terms of our contractual agreement, TVEDC is providing a summary of the activities it has performed during the quarter January 1 through March 30, 1990. SUMMARY OF ACTIVITY (1) Economic Development Plan Preparation Because of the passage of Measure 5, county staff has not been able to, move the project ahead as anticipated. The new members of the Community Committee have not yet been approved by the County Commission.. 2) Business Development Assistance T Marketing Portland Committee Mary Tobias participated in the'Coordinating Council's monthly meeting which focused on the regional marketing Portland campaign.- 10200 5.W Nimbus Avenue • Suite G-3 Tigard, Oregon 97233 • (503) 620.1142 P3oa _ 1 Requests for Information TVEDC provided information about Washington County to the following companies and/or individuals: Evergreen Community Development Association (non profit development company backed by Zion's First National Bank, Salt Lake City) Seattle J. Stanley Miner Referral: local contacts for SBA 504 and 7A loan programs Beaverton Chamber of Commerce Beaverton List of leading employers in the Tualatin Valley - for insertion into the chamber's directory North by Northwest (relocation consulting firm) San Francisco Richard Dow Washington County demographics, industry profile and regional assets Oregon Regional Primate Research Center Beaverton Jim Parker Leading employers in the Tualatin Valley The Dalles School District The Dalles Marge Smith Regional demographics and economic indicators Norris Beggs & Simpson Portland Mick Sinnerude Available industrial land in the T4alatin Valley Alpha & Omega Financial' Services (financier) Prairie Village, Kansas Tracey Mahaffey Washington County information for investment evaluation Stellar International Holdings (Swedish investment group) Seattle Dean Trenery Washington County information for investment evaluation l t s t Page - 2 Neumiller & Beardsley (engineering firm) Stockton Barbara Nordine Information on local economic development activities Evergreen Community Development Association Seattle J. Stanley Miner Regional governmental and district boundary information Benner Research Group Beaverton Michele Piper Census data Professionals 100 Lake Oswego June Green Information on tax rates under Measure S The Chambers Group (management consultants) Seattle Claire M. Meany Area developments Ken McBean Calgary Alberta Area information, specifics on housing costs Sig Unander (small business owner) Cornelius Area developments Northwest Appraisal Corp. Portland Chuck Atkins Washington County statistics "Tip" regarding Apple Computer plans for a new facility Referred to Portland Development Commission Macadam & Forbes Portland Mike VanDenburgh Employment data, largest employers - for hotel development feasibility study National Mortgage (lender) Dean McCluskey Portland Employment data, largest employers - for hotel development feasibility study Page - 3 Oregon Realty. Larry Roland Tigard Demographic information for preparation of a market plan for a residential development in Tigard Washington County Hillsboro Chairman Hays "Doing Business in Washington County" binder Wade Price Portland Market information regarding companies in credit reporting business - referred to OMBA (3) Economic Development Coordination T Business Association's Executive Network TVEDC attended monthly regional Business Associations Executive Network meetings convened by the Portland Chamber of Commerce. Mary pointed up the importance of proposed user fees and taxes associated with air quality emission controls and the potential impact these fees could have on business retention efforts in the Tualatin Valley. t T Economic development coordination Mary Tobias briefed the councils of Tualatin, Wilsonville, Sherwood, Forest Grove, Tigard and Durham about economic development activities and issues in the Tualatin Valley. Mary Tobias met with local representatives of urban renewal districts in the region. Mary briefed specific members of the House Revenue and Finance Committee on the importance of tax increment financing' to economic development efforts in the Tualatin Valley. Page - 4 COPY FOR YOUR INFORMATION TUAiATIN VAUEY ECONOMIC DEVELOPMENT CORPORATION March 20, 1991 , Representative Delna Jones Chair, House Revenue and School Finance Committee State Capitol Room H-475 Salem, Oregon 97310 Dear Representative Jones: TVEDC in its leadership role in economic development for the Tualatin Valley recognizes and supports the commitment the House Revenue and School Finance Committee has demonstrated in regard to the review of HB 2550. The task presented to the legislature by the passage of Ballot Measure 5 is formidable. The corporation acknowledges the complexity of the task required to define the very general terms of Measure 5. TVEDC has advocated alternative funding sources for schools in our state. However, the corporation opposed Measure 5 in the November election. TVEDC's opposition centered on unseen consequences of this initiative. I am sure the committee through its efforts has discovered many of the unfortunate consequences. At this time TVEDC wishes to express concern about urban renewal and tax increment financing. The collection of tax increment financing needs some clarification as a result of Measure 5. Tax increment financing is an important source of revenue to fund infrastructure development for deteriorated or underdeveloped areas across the state. This financing tool is important to the revitalization efforts of our cities. Urban renewal projects are part of economic development not only in Portland, but in the -cities of Hillsboro, Tualatin, Roseburg, Albany and Beaverton. Ballot Measure 5 severely limits the tools that local governments have to fund needed services and facilitate economic development. At the same time_local property tax revenues are totally dependent on assessed value. Urban 10200 SAX: Ninnbus Avenue • Suicu G-i • Tigard. Orugon 9-223 • (503) 620-11-43 o i ' revenues are totally dependent on assessed value. Urban renewal and tax increment financing are one of the only mechanisms left to solve the problem of providing infrastructure while maintaining stable assessed value. Because of the weight of HB 2550 and need to get this legislation to the floor of the house, the urban renewal portion of the bill was deleted. We understand that it is the committee's intent to introduce separate legislation regarding the clarification of urban renewal and tax increment financing. The corporation understands-the decision of the committee and lends its support to th'e drafting and tiopely passage of a bill clarifying urban renewal and tax increment financing. Like budgeting for schools and government, planning and budgeting for urban renewal and tax increment financing is a time sensitive endeavor. We urge the committee to consider legislation as soon as possible. Again, the corporation appr=eciates the effort and commitment the committee has shown in this process. If TVEDC can be of service, please contact Mary Tobias at 620-1142. Sincerely, C . H. Pat Ritz Board Chairman cc: Representative Larry Campbell Representative Fred Parkinson 1 i~ -M COPY FOR YOUR. INFORNAYIOH - - TUALATIN VAU EY ECONO~~tIC DEVELOPMENT CORPORATION - - March 8, 1991 The Honorable Fred Parkinson Chairman, House Energy and Environment Committee Salem, Oregon Dear Chairman: The Tualatin Valley Economic Development Corporation (TVEDC) is a non-profit organization working to foster a positive economic climate and to facilitate a high quality employment environment in the Tualatin Valley. TVEDC represents-a public/private partnership between 120 corporations and 11 local governments that actively work together to solve regional issues. In accordance with this mission, the corporation is compelled to respond to the proposed legislation (HB 2175) which establishes a statewide air pollution emissions fee program in Oregon. TVEDC recognizes the importance of assuring that air quality within the state of Oregoyi-meets the standards set by the 1990 Federal Clean Air Act. It is not in our own interests, nor in the interest of the state generally, to ignore the requirements of the federal Act. To do so would only provide grounds for litigation and increased costs. We further recognize that many different sources of air pollution exist and that they must be { addressed in a manner consistent with the needs of the people of Oregon and the federal clean air standards. HB 2175 is an 8 t 10200 S.V6: Nimbus Avenue • Suite G-3 • Tigard. Oregon 9'223 - (503) 620.1142 attempt to address some of the many air emission sources and work toward assuring statewide compliance with the Act. However, we believe that bringing such divergent air emission sources together into one piece of legislation may impede the progress of the bill and the state's obligation to comply with the Clean Air Act. Each of the emission sources identified in the legislation touches a different part of our state and its population, and the proposed limits affect lifestyle, quality of life and the livelihood of Oregon's citizens in different ways. Today, TVEDC's primary concern is with the sweeping authority granted to the Environmental Quality Commission (EQC) C under Section 8 of HB 2175. In order to move ahead needed portions of this bill, we recommend that Section 8 be deleted from the bill and be considered as a separate piece of legislation. The section of the bill relating to vehicle emissions (Section 8) simply says: "The emission fee shall be assessed on motor vehicle emissions. This fee.shall include a statewide component and a regional component for ozone nonattainment to address the significant portion of ozone precursors emitted by motor vehicles." The bill does not list the amount of the statewide or the regional vehicle emission fee. It merely proposes a formula to be used to establish a fee. Nor does it r state the purpose for which the fee will be used. This language is vague and essentially constitutes a blank check to the EQC and the Department of Environmental Quality (DEQ) for assessing any vehicle emission fees they deem necessary through the implementation of administrative rules. As one example of the types of fees that could be created, let us consider the parking fee. DEQ recently circulated a draft regional fee proposal that would apply to those areas of ozone nonattainment (currently the Portland metropolitan area). The DEQ proposal included a parking fee in the amount of $15 per month on employees in a nonattainment area that do not currently pay for parking and who work for employers of over 100 people. The fee program could affect up to one-half of the employees in the Tualatin Valley and raise up to $25 million per year in revenue. The department indicated this program could reduce peak period regional vehicle miles traveled and auto emissions about 25 percent. This approach may work as an incentive to reduce vehicle miles traveled in areas with adequate transit service. However, transit service in the Tualatin Valley is almost non-existent and in the majority of cases no viable alternative to the auto exists. Radial lines from downtown Portland to Washington County have long been established as the main routes for the area's transit system. Although many people are able to use these radial lines to access their jobs and shopping, recent studies demonstrate that an even greater percentage of the total population travels within Washington County. In the last 10 f years the percentage of people who live and work solely within the county has grown from 65 percent to almost 80 percent. Few i intra-county transit routes exist, or are planned, to serve the population that lives and works within the Tualatin Valley. The Tualatin Valley is home to some of the region's largest employers. Many of these local companies and local governments have been working with Tri-Met to establish shuttle lines from transit centers to their businesses. Many companies have flex- hours for employees so auto travel is spread throughout the day. Washington County and other areas of the Tualatin Valley have been working diligently to secure a westside light rail line. Even with these efforts, we recognize the need to further reduce auto dependency and vehicle miles traveled. This points to the complexity of the issues surrounding the reduction of motor vehicle emissions. However, an open ended authority to set auto emission fees without legislative oversight is not in the best interests of the citizens of Oregon. Rather, we should all - business, industry, policy makers and regulators - work together to draft clear policy with reasonable objectives. The costs of achieving these objectives should be assessed equitably on those of us who cause the emissions that need to be reduced. It is for this reason that TVEDC believes a vehicle emissions reduction program should be established legislatively, not administratively. We.recommend to the committee that the vehicle emissions portion of the legislation be dropped from HB 2175 and drawn as a separate bill. Much of the remaining legislation in HB 2175 is important to the state's compliance with the 1990 Federal Clean Air Act and should not be held up because of the complexities surrounding the fee for the reduction of vehicle emissions. TVEDC looks forward to working with DEQ and the committee to establish a workable program to reduce vehicle emissions in the Portland metropolitan area. Sincerely, Mary L. Tobias President/CEO r f 2 NW TUALATIN VALLEY ECONOMIC DEVELOPMENT CORPORATION R E S O L U T I O N WHERE AS: the Tualatin Valley Economic Development Corporation's stated objective is to provide private sector leadership and representation on major regional issues affecting economic development in the Tualatin Valley. WHERE AS: the board of directors of the Tualatin Valley Economic Development Corporation recognizes the importance of assuring that air quality within the state of Oregon meets the standards set by the 1990 Federal Clean Air Act. WHERE AS: the board of directors further recognizes that many rr different sources of air pollution exist and that they must 1. be addressed in a manner consistent with the needs of the people of Oregon and the federal clean air standards. However, we believe that bringing such divergent air emission sources together into one piece of legislation, HB 2175, may impede the progress of the bill and the state's obligation to comply with the Clean Air Act. WHERE AS: the board of directors acknowledges that auto emissions are a significant contributor to air pollution and as such must be dealt with to ensure a healthy environment in the state and our region. $owever, the vague language pertaining to auto emissions in the air emissions bill, HB 2175, does not effectively address the issue of auto emissions. THEREFORE: the board of directors supports the air emissions bill, HB 2175, with the exception of the sections on auto emissions. Further the board of directors recommends to the C legislature the portion of the bill relating to auto emissions be pulled and developed further as separate, specific legislation. March 27, 1991 10200 S.W. Nimbus Avenue • Suite G-3 • Tigard. Oregon 97223 , (503) 620-1142 MEN TUALATIN VALLEY EC0N0~IMIC DEVELOPMENT CORPORATION R E S O L U T I O N WHERE AS: the Tualatin Valley Economic Development Corporation's stated i objective is to provide private sector leadership and representation on major issues affecting economic development in the Tualatin Valley. WHERE AS: the board of directors of the Tualatin Valley Economic Development Corporation believes that a balanced transportation system is essential to the long term economic health and liveability of the 1'uaiatin Valley. WHERE AS: the board of directors believes that maintenance and improvements have been delayed on many of our state roads, highways and bridges in both urban and rural areas of the state. Further, that growth demands are adding to the unmet need for road and bridge improvements. We must preserve the public investment in the highway infrastructure. WHERE AS: the board of directors is concerned that the availability of revenues to cover both growth demands and the unmet backlog requirements for road and bridge maintenance is increasingly inadequate and reported to be a $20 million shortfall.' To ensure the system of roads and bridges statewide meets future needs and enhances liveability through Oregon, we must identify additional revenue. WHERE AS: - the board of directors supports the use of gasoline tax revenue to maintain the state's roads, highways and bridges and that an increase in the tax is necessary. to continue to keep pace with maintenance needs. WHERE AS: . It is the opinion of the board of directors that revenues derived from an increase in the State gasoline tax' should be dedicated solely to road, highway and bridge maintenance and improvements. Further, that existing revenues generated from the gasoline tax should continue to be''used solely for purposes of highway and bridge improvements. THEREFORE: the board of directors supports the recommendations of the Oregon Road Financing Committee and House Bill 3559 which would increase the State gasoline tax by two cents over each of the next four years (1992-1995) and an equivalent increase in the State weight/mile tax. } May 21, 1991 10200 SAX: Nimbus Avenue • Suite G-3 • Tigard, Oregon 9-223 • (503) 620-1142 f TUALATIN VALLEY ECONOMIC DEVELOPMENT CORPORATION R E S O L U T I O N WHERE AS: The Tualatin Valley Economic Development Corporation's stated objective is to provide private sector leadership and representation on major regional issues affecting economic development in the Tualatin Valley. WHERE AS: the board of directors of the Tualatin Valley Economic Development Corporation supports the development of a strong, diverse economic base in our region while ensuring a quality environment for job development. WHERE AS: the board of directors believes that a living history museum would enhance this region's efforts to promote the tourism industry and provide an additional destination for conventioneers. WHERE AS: the board of directors supports the development of a living history museum on farm and forest land because such ,a low density development would be compatible with surrounding farm and forest uses while.providiftg public access to open space. In addition, surc-h a land use could provide an excellent transition between dense urban development and ' farm use land. Further, the board believes that such a development, if sited in an urban area, would be an under- utilization of urban land. i THEREFORE: the board of directors supports the passage of HB 2795 which would allow the development of living history museums / on lands zoned Exclusive Farm Use. t~ F March 27, 1991 10200 S.%X'. Nimbus Avenue • Suite G-3 • Tigard. Oregon 97223 • (503) 620.1142 Ir RIE TIMES Week of APT" 1117, 1991 g bee? uso in How dense, should, our ho strutted densities were determined houses or other attached dwellings Washington County has been in the 1980s through citizen par- and mandated minimum densities described as the state's hot spot for tie'. tion in the local planning for development. ipa growth in both employment and process. The policies that, guide • Many individuals and groups population, tts ' these land use plans are Oregon's who subscribe to this philosophy of ies, density Utete livinthe also support One feature our current growth s Your ' statewide planning goals, 19 goals higher cycle is the innccreasing density at B U S.1 i~ @ SS automobile. These policies include which urban development is occur- that constitute die framework fora polic ring. Local residents are shaking Mary Tobias, statewide program. There is a model held by many taxation or fees for services, like toll their heads in h disbelief ar over the in- "is. project encompasses a full planning professionals - which is roads or parking fees at places of tensity which this area, and other being carried forward by special in- employment throughout the region. areas in n die Tualatin Valley, are range of housing types, including terest groups - that U.S. urban In this article we are not taking being developed. large homes on very small lots and development should mimic any position on the issue o greater A good example of what is hap- high-density apartments with neigh- European cities. Housing is located deensi ies. The quest to is currency Tuning can 11 seen in the vicinity of boyhood shopping within walking atop businesses and small houses rehold th values th are flected in local land use plans, or 217, ey is Economic experiencing si Develop- distance. are built close together or are at- re we want c live in a European- Roa Corp.'s office. Scrolls Ferry When people set these projects, tached to one another. There is a ment Tualatin Highway Valley man assume thadevelop ers are neighborhood grocery within walk- style city with much higher densities have Road, from Murray Boulevard g- Y overbuilding, In reality , they may be than we have now? of can walk everyone's and co mcial ns single-family building under the allowed number in g distance of everyone's home. are nswerin technicians t is hese and concerned questions Uhat bureaucrats a few employment bicycle populated to their a TVEDC and commercial construction. of units per acre. The intensity at People making g , Murraylhill represents a newer which the land is converted to urban places and drafting rules style of neighborhood development. use has been planned. The con r model mass transit sys- policy and regulations decisions Euopean + , that will impact how toms enjoy higher ridership, and our communities look and function. dependency on the private auto is It is our concern that this is being less than in the U.S. done ,without.,Lhe benefit of public Still, it is viewed by some that. in at. the current level of development in - p our region is not dense enough and Tobias is president of that die answer is smaller single- Mary family lots, much more infill, alter- Tualatin Valley Economic Develop- native housing stock, like row meat Corp. funding..chotces. loca ere. re County tween the citizenry and the provemen of ts'ia Washington. provide an excellent , example For example, much discussion This is the third, and last, in .,a lace series of articles presenting. the local government; and its • citizens . has taken p public p regarding traffic hoseY choices 'that accom- working together td decide what ant congestion, highway construction - pany growth and growth manage- it's Your x> ° provements are most important and reduced reliance on the auto. usOness what costs are acceptable and how Among thesolutions proposed are a meat to best pay for getting the job done. $15 pollution tax to be paid at the In the first article of the series, in Washington County, we presented the lifestyle choices parking spaces associated with increasing urban Maly Tobias developers worked with local t ~s or taxessvehicle the ~ parks g region tat densities and the protection of farms • . bout . A• dates remains to be borne at the gpay g for improvements robleniassociatedof throughout rivate task force is being as- and forest land. local level. with new development. New public/p Next, we addressed the choices The passage of Measure 5 contribute to upgrading ad- sembled in the Portland metro area Washington County residents must Legislature with a Projects make as we adopt a public policy presented he acent roads by paying hefty system to ddrsst ee iss Sues. free of ta lunch, that promotes the reduction of directive xat n change and the school state's sys- J there wili • always be choices be-- transit ridership. in., tern ance. development charges and traffic demand s [c tw~° priorities and automobile use and an increase in• clean air and water pact fees. how we fund " New. federal To address increased road capacity, the - region voted to : our solutions.. The best way to make This final article addresses the is- standards require the state to d in- these policy decisions is for all of us, to work together private citizens; sues of the dollar costs build another light rail line. Voters choices.• c ease fees stricter with polluiion . or of payment as these policy control: The Oregon Land Conser. in Washingtor County supported i"- local 'and governments. " We are all pay the . r are made. partners in Oregon's future. Price tag is vation and Development Commis- ;creased taxation constructtown: t In our private fives, a p l -dooisions-mmaineto~t-"j? rrNld srobiaSTMc' goods l`y t>o n~°~ lpte a transpo ' match for attache In~si le, tha requiros:a' M Man ~,po.iW- s. Ratw.~gAp'aurfi~ i;.. , , 'Prestc Dep f tcent~Jreduction::;:vehicle:miles'b`bc~ma e. EachFoi`'t~tem`cittttbest'b~':, 7►lalatsnrVa!(ey:E~ d to each of the scrvicvs we dictosc to ;buy., y, • 20,, in our public.liv~ the local govern-~, pe tors over the next ''addressed through a partnership be- mane Corporatirin:: ment services we choose come with ' traveeadfor'this region rs. a price tag. No matter how trite it 39 Haw do we fund the shortfall? may be, "there is no free lunch." The hest ,way to shove these Currently, we are faced with problems is for the citizenry to work, resolving the conflicts between ex- P ternal policy pressures and our own • in partnership with local policy desire for control of Our future. makers to determine priorities, ac- Politically, this is the conflict be- cep table costs and ' appropriate? tween state/federal mandates and mechanisms for paying for the solu- local .control. State and federal man- The MSTiP-1 anb •MSTIP-2 dates are eliminating local policy programs for funding local road im- options, but the cost of these man- d~y ~e ~5 ~ ors ~tsc~5ia+~ 71ic. I q i ! MEMORANDUM l CITY OF TIGARD, OREGON TO: Pat Reilly, City Administrator FROM: Ed Murphy, Director of Community Development DATE: July 5, 1991 SUBJECT: Fence Requirements OVERVIEW Summary: Development Code regulations restrict fences and walls in a required front yard to three feet in height. A change to the height regulation, along with other minor modifications to the Code relating to fence location and heights are being proposed. Policy Implications: The proposed changes would make it easier to construct a fence over 3 feet in height in a front yard in certain circumstances, (i.e., no variance would be required), which should make some homeowners pleased. On the other hand, it may encourage more fences over 3 feet in height in front yards along certain streets, which may not be as aesthetically pleasing to the public. The proposed regulations would also enhance public safety relating to vision clearance; and remove an unnecessary restriction on fence location on certain lots. Financial Impact: There would be negligible financial impact through the reduction of variance applications and fees. Recommendation: It is recommended that the City's fence regulations be revised to allow fences up to eight feet in height in front yards adjacent to arterial and collector streets except where clear vision requirements must be met. In addition, it is proposed that the clear vision requirements be modified to restrict fences where topography limits vision. The fence regulations should also be changed to eliminate the requirement for a two-foot setback for corner side yard fences. (See Exhibit "II" Proposed Ordinance) ANALYSIS Background: Recent questions regarding when and where fences can be built have been discussed by the City Council. The Council requested that the Development Code provisions regarding fences be reviewed. The development code requirements pertaining to fences are covered under Chapter 18.100.090 and are attached as Exhibit II to this memo. Issues: Staff discussion identified various issues relative to fences : • The code requires a two foot setback for any fence abutting a street side yard. There appears to be no need for this requirement. Fences built according to this requirement also tend to leave unmaintained strips adjacent to streets. • There are sometimes clear vision problems at an intersection near the crest of a hill. These are compounded by the construction of even a fence as short as three feet. • Fences are allowed along rear lot lines abutting a street while they are not allowed along the front lot lines abutting a street. In this case, it is possible to have a situation with a row of six to eight foot rear yard fences along a street, then no fences higher than three feet, and then another row of six to eight foot rear yard fences along the same street. • Fences over three feet in height cannot be built without a variance in defined front yards, which is virtually always approved in situations along busy streets, therefore creating an unnecessary expense of both the applicant's and the public's time. 1 Fences are not allowed in the right-of-way. Any work in the right-of-way requires a Street Opening Permit. Public Interest The question of what is in the public interest in regard to fence requirement needs to be asked. The purposes for fences range from decoration, privacy, and protection to the definition of boundaries. Fence heights have been traditionally been controlled for aesthetic purposes and to allow visibility for police patrol. Fences heights on side and rear yards have been controlled for the purpose of maintaining light and air. Taller brick, rock and cement walls along front property lines were rather common many years ago. Clear vision areas at street and driveway intersections are important safety considerations. Control of fences for safety purposes is a logical public interest. Some cities, such as Tualatin, do not have fence requirements for single family dwellings. The Tualatin Planning Director has indicated their city has not encountered any problems without the requirements. Any construction in the right-of-way is reserved for public purposes. Any activity in the right-of-way needs to be controlled so that it does not interfere with a public purpose. Activity in the right-of-way, what can occur there and the permit process for those activities are separate issues not addressed in this report. In reality, it appears that the majority of issues relating to fences in Tigard have been because the city controls the location and height, not because the public has requested the control. It is also true that hedges are not controlled and there are many instances in the city where they serve the same purpose and function as a fence where a fence is not allowed. Alternatives • Change the development code to allow fences in all yards to a height up to eight feet excluding clear vision areas. This approach would leave the choice up to the property owner. Clear vision requirements would make front yard fences unlikely in many cases because of the requirements relative to driveways. • Allow fences to a height up to eight feet in the front yard along all streets listed on the Comprehensive Plan Transportation Map as Arterials, Major Collectors or Minor Collectors, subject again to clear vision requirements. This approach would continue to control aesthetics in most residential areas but would also allow fences or walls to be constructed where traffic, noise and privacy considerations could be more of a problem. • Retain the existing code provisions. This would indicate that the present requirements are consistent with the city and community needs and philosophy. Conclusion Because of the clear vision requirements at driveways, many would choose not to build a front yard fence. The major risk in the proposed approach is a long row of front yard fences or individual front yard fences that may not be aesthetically pleasing. The Development Code should be changed to allow fences or walls to be constructed higher than three feet in height in front yards along major streets. Suggested Procedure 1. Discuss concepts with the City Council for general policy guidance. 2. Assuming the Council wishes to see some changes in the current ordinance, direct staff to submit a proposed change to the Development Code to the NPO's and Planning Commission. 3. Return to the City Council with proposed amendments based on the recommendations of the NPO's and P.C. Exhibit "I" 18.100.090 Setbacks for Fences or Walls A. No fence or wall shall be constructed which exceeds the standards in Subsection 18.100.090.B. except when the approval authority, as a condition of,approval,- allows that a fence or wall be constructed to a height greater than otherwise permitted in order to mitigate against potential adverse effects. B. Fences or walls: 1. May not exceed three feet in height in a required front yard or six feet on a corner side yard or eight feet in all other locations and, in all cases, shall meet vision clearance area requirements (Chapter 18.102); 2. Are permitted outright in side yards or rear yards to a height of six feet; 3. Located in a side or rear yard and which are between six feet and eight feet in height shall be subject to building permit approval; 4. Located in the front yard or corner side yard and which exceed the height limitation shall comply with the setback requirements for structures set forth in the applicable zone; or 5. Located within a corner side shall be no closer than two feet from the property line, and shall satisfy visual clearance requirements. (Ord. 89-06; Ord. 85- 14; Ord. 83-52) 411 4 CITY OF TIGARD, OREGON ORDINANCE NO. 91- AN ORDINANCE TO AMEND PROVISIONS OF THE COMMUNITY DEVELOPMENT CODE PERTAINING TO FENCE REQUIREMENTS, SECTION 18.100.090 AND CLEAR VISION REQUIREMENTS, SECTION 18.102.020. WHEREAS, the City of Tigard finds it necessary to revise the Community Development Code periodically to improve the operation and implementation of the Code; and WHEREAS, the City of Tigard Planning Commission reviewed the staff recommendation at a public hearing on July , 1991 and voted to recommend approval of the amendment to the City Council; and WHEREAS, the City Council held a publid hearing on August , 1991 to consider the amendment. THE CITY OF TIGARD ORDAINS AS FOLLOWS: Section 1: The Community Developemt Code shall be amended as shown in Exhibit "A". Language to be added is UNDERLINED. Language to be deleted is shown in [BRACKETS]. Section 2: This ordinance shall be effective 30 days after its passage by the Council, approval by the Mayor, and posting by the City Recorder. `PASSED: By vote of all Council members present after being read by number and title only, this day of , 1991. Catherine Wheatley, City Recorder APPROVED: This day of , 1991. Gerald R. Edwards, Mayor Approved as to form: City Attorney Date C i ORDINANCE No. 91- Page 1 EXHIBIT "II" 18.100.090 Setbacks for Fences or Walls A. No fence or wall shall be constructed which exceeds the standards in Subsection 18.100.090.B. except when the approval authority, as a condition of approval, allows that a fence or wall be constructed to a height greater than otherwise permitted in order to mitigate against potential adverse effects. B. Fences or walls: 1. May not exceed three feet in height in a required front yard along local streets or [six feet on a corner side yard or] eight feet in all other locations and, in all cases, shall meet vision clearance area requirements ( Chapter 18.102); 2. [Are permitted outright in side yards or rear yards to a height of six feet;] Are permitted un to eight feet in height in front yards adjacent to any designated arterial, major collector or minor collector street and, in all cases, shall meet vision clearance area requirements ( Chapter 18.102); Permission shall be subiect to administrative review of the location of the fence or wall. 3. [Located in a side or rear yard and which are between six feet and eight feet in height shall be subject to building permit approval;] All fences or walls greater than six feet in height shall be subject to building permit approval [4. Located in the front yard or corner side yard and which exceed the height limitation shall comply with the setback requirements for structures set forth in the applicable zone; or] [5. Located within a corner side shall be no closer than two feet from the property line, and shall satisfy visual clearance requirements. (Ord. 89- 06; Ord. 85-14; Ord. 83-52)] 18.102.020 Visual Clearance: Required C. Where topogranhy or vertical curve conditions can contribute to the obstruction of clear vision areas at a street or driveway intersection, hedges plantings fences, wall. wall structures and temporary or permanent obstructions shall be further reduced in height or eliminated to comply with the required clear vision area COUNCIL AGENDA ITEM 3. -Z MEMORANDUM CITY OF TIGARD, OREGON TO: Honorable Mayor and City Coun FROM: Patrick J. Reilly, City Admini trator DATE: June 3, 1991 SUBJECT: COUNCIL CALENDAR, July - September 191 Official Council meetings are marked with an asterisk If generally OK, we can proceed and make specific adjustments in the Monthly Council Calendars. July '91 4 Thur 4th of July Holiday - City Offices Closed *9 Tue Council Business Agenda (6:30/7:30) *16 Tue Council Study Meeting (6:30) *23 Tue Council Business Agenda (6:30/7:30) August '91 13 Tue Council Business Agenda (6:30/7:30) 20 Tue Council Study Meeting (6:30) 27 Tue Council Business Agenda (6:30/7:30) September 191 2 Mon Labor Day - City Offices Closed 6-8 Fri- Sun Tigard's 30th Birthday Celebration 10 Tue Council Business Agenda (6:30/7:30) 17 Tue Council Study Meeting (6:30) 24 Tue Council Business Agenda (6:30/7:30) cccal Council Calendar - Page 1 COUNCIL AGENDA ITEM 3 3 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF: July 9, 1991 DATE SUBMITTED: June 25, 1991 ISSUE/AGENDA TITLE: Approve City PREVIOUS ACTION: Administrator Employment Agreement., j / . PREPARED BY: C. Wheatley. Recorder DEPT HEAD OK CITY ADMIN O REQUESTED BY: ISSUE BEFORE THE COUNCIL Consideration of draft Employment Agreement for Patrick J. Reilly, City Administrator. STAFF RECOMMENDATION Approve the resolution and agreement as proposed. INFORMATION SUMMARY The attached agreement was drawn up by the City Attorney's office and reflects consensus reached between the Council and Administrator during previous discussions. PROPOSED ALTERNATIVES Approve the resolution and agreement as proposed. FISCAL NOTES 4 1 f. r k COUNCIL AGENDA ITEM 3,q CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF: July 9. 1991 DATE SUBMITTED: _ June 26, 1991 ISSUE/AGENDA TITLE: Authorization to PREVIOUS ACTION: June 25, 1991, Issue Special Assessment Bonds fo-' Ord. 91-16 Spreading Assessments Lincoln and Locus LID PREPARED BY: Wayne Lowry DEPT HEAD OK CITY ADMIN OK / REQUESTED BY: Wayne Lowry ISSUE BEFORE THE COUNCIL Shall the City Council authorize the issuance of Special Assessment Bonds for the Lincoln and Locust Local Improvement District? STAFF RECOMMENDATION Staff recommends approval of Resolution. INFORMATION SUMMARY The City Council by ordinance 91-16 dated June 25, 1991, spread the final assessment among the participating properties in the Lincoln and Locust Local Improvement District in the amount of $405,369.62. Property owners have indicated their intention to apply to pay assessments in installments over a ten-year period. General obligation bonds can no longer be issued in their traditional form because the unlimited authority to levy taxes is severely limited by Measure 5. Rather than risk a portion of our taxing capacity on these bonds, we have chosen to issue special assessment bonds which are secured solely by the assessment payments to be received from property owners, not from the taxing authority of the City. Special assessment bonds have been allowed in Oregon for many years, however, due to the Bancroft Bond option, not many have been issued. In fact, 'this particular issue may be the first series of such bonds publicly sold in Oregon since Measure 5. We are confident, however, that these will sell well in the market due to the extremely high assessed value of the commerical property in the LID. Authorizing the sale of Special Assessment Bonds will provide financing for those electing to pay in installments and will provide necessary funding for the Bond Anticipation notes used for construction of the Improvements which mature on September 3, 1991. PROPOSED ALTERNATIVES 1. Approve bond issuance. FISCAL NOTES 1. Provides funding to pay off maturing bond anticipation note. S } i COUNCIL AGENDA ITEM: 25 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF: ~ 1991 DATE SUBMITTED: November 5,1990 ISSUE/AGENDA TI E: Contract for fe - PREVIOUS ACTION: sional servic r Triangle-Plan / PREPARED BY: John Acker DEPT HEAD O CITY ADMIN OK REQUESTED BY: Ed MurTUhY PO I. Y ISSUE Should the City conduct a land use analysis of the Tigard Triangle that could result in proposed changes to the current Comprehensive Plan, zoning or development standards for this area? If so, should the City accomplish such a study by contracting for the services of a consulting firm to supplement the efforts of the staff and Planning Commission? This planning effort will further the Council's goals Of "promoting a balanced economy and enhancing the vitality of the community", "creating a stronger sense of identity" and "strengthening the quality of interaction with citizens". INFORMATION SUMMARY The Tigard Triangle area is largely undeveloped or underdeveloped, and as such, presents an opportunity for high quality development/redevelopment in a highly visible location. Establishing a master plan will help assure that this area develops in a planned, high quality manner. When last considering this issue, City Council decided that individual Councilors would meet with local developers to discuss the Triangle's development potential. Those meetings have now been completed, and the results are summarized in the attached memo. The proposed development plan will be accomplished by creating a number of development scenarios and then refining these scenarios into a single development plan. The result will be a report explaining a development strategy with descriptions of key elements and their effects on the Triangle and on surrounding areas. The plan will outline necessary public improvements and their general cost, and public and private roles in the development process. There will also be large scale color graphic depictions of the development plan. This material will be the basis for developing an implementation strategy which may include policies, comprehensive plan amendments, special development standards, a capital improvement plan, or open space plan for the Triangle. Last fall, the Benkendorf Associates Corporation was selected by staff as being best able to complete the desired work. The Benkendorf Associates is a well known professional planning firm that has a history of successfully completing similar projects. ALTERNATIVES CONSIDERED 1. Authorize the City Administrator to enter into a contract with The Benkendorf Associates Corporation for planning and design services to create a Master Plan for the Tigard Triangle as outlined in the Scope of Work. 2. Do not proceed with master planning effort in the Tigard Triangle at this time. 3. Complete a land use analysis, but do so using "in-house" resources instead of contracting for the services of a consultant. 4. Enlarge the study to include a transportation analysis as well as a land-use analysis. FISCAL IMPACT 1. The contract calls for payment to the consultant in an amount not to exceed $20,670. - - - SUGGESTED ACTION Authorize the City Administrator to enter into a contract with The Benkendorf Associates for services to create a Master Plan for the Tigard Triangle as outlined in the Scope of Work. tricont.sum i f 4 MEMORANDUM CITY OF TIGARD, OREGON TO: Pat Reilly, City Administrator FROM: Ed Murphy, Director of Community Developmen DATE: June 14, 1991 SUBJECT: Tigard Triangle Master Plan I. OVERVIEW A. Summary A proposed contract with Benkendorf Associates has been submitted to the City Council for approval. Should the Council approve the contract, a land use analysis of the area referred to as the "Tigard Triangle" will begin. B. Policy Implications The implications of proceeding with a land use study is that the current comprehensive plan designations, zoning patterns or development standards may not be appropriate for either the market, the natural features of the area, or the public need. Therefore, there is probability that some changes to the current plans or standards will eventually be proposed for consideration by the Council. C. Financial Implications The consultant fee for master planning the Triangle area as outlined in the attached Scope of Work is $20,670. There is $17,-500 identified in the proposed FY 91-92 budget and $7,500 in the FY 90- 91 budget for the Triangle master plan. D. Recommendation Staff recommends that the City enter into a contract with Benkendorf Associates to create a master plan for the Tigard Triangle. II. ANALYSIS 4 A. Background The idea of completing a land use analysis, or master plan, for the Tigard Triangle has been discussed for some years now by the City Council, Planning Commission, NPO, Economic Development Committee, Chamber of Commerce, affected property owners and others. -1- i .a The City Council last discussed the master planning issue of the Tigard Triangle in November 1990. A scope of work was drafted for development of a master plan for the Triangle and a consultant was selected by the staff, and recommended to the City Council. At that v time the Council decided not to proceed with master planning but to meet individually with local developers to ascertain the development potential of the Triangle. Over the past few months, City Councilors and staff have met with numerous developers. The purpose of these meetings was to get a developer's perspective on the potential for development in the Triangle and to identify types of activities that the City might undertake to make the area more attractive for development. The following summarizes the most common themes of those meetings: •t • An area of agreement among all developers is that there is presently little potential for office development in general, and class "A" offices in particular are unlikely in the Triangle in the long run. The overriding reason for this is apparently that financing for speculative office buildings is nearly impossible to obtain and, because of overbuilding, the rate of return even on occupied buildings is not worth the investment. Furthermore, there are more suitable locations in this region to build offices than the Triangle, so if and when the financial climate changes, the Triangle will not be in a position of competitive advantage. • Access to and from an area is extremely important to a prospective developer, particularly for retail. Access into the Triangle from the major highways is a key factor to its development. Many emphasized the importance of building Dartmouth Street and improving 72nd in order to stimulate development. • Many of the developers thought that multi-family housing might be possible in the Triangle at a density of up to 25 units per acre, particularly in areas where there could be natural amenities such as Redrock Creek or wetlands. The idea is that if - the appropriate type of multi-family development occurs first, the Triangle becomes an active place both during the day, evenings and weekends, creating a sense of security and liveliness. If this happens, there will be a greater probability that developers will look to develop the area with other uses. It was also pointed out that it takes a longer time to develop an area with a single type of use than an area of true mixed use. • The aesthetic appeal of an area was mentioned several times as a selling factor to prospective tenants and therefore important to developers. Streetscapes and landscaping are particularly important in setting the tone on an area. -2- I Several suggested that the expense of creating an attractive streetscape (Dartmouth) with street trees, lighting and landscaping would be invaluable to the image of the area for the foreseeable future, such as done on Kruse Way. j • A magnet user will attract further development; agglomeration is becoming more important. A development with small shops is unlikely in the present economic climate. A large destination retailer is probably necessary in order for further development to occur. • Most developers thought that a master plan would be beneficial because it would: 1) stimulate interest in development in the Triangle; 2) create tools with which development could be managed; 3) establish a "feel" for the quality of development desired and, 4) indicate a long term commitment by the City. • A suggestion by several developers was to build in some flexibility in the zoning or uses allowed so that the existing market can, to some extent, be accommodated. The master plan should establish the framework but be flexible enough to accommodate future circumstances or ideas. • Some developers suggested that some form of marketing might be considered. This should occur only after there is something to market such as a master plan, infrastructure improvements t or landscaping improvements. In view of what was learned from developers, the proposed scope of work has been adjusted to better reflect the developer's perspective of need. B. Alternatives Considered 1. Complete a land use analysis for the Triangle that reviews alternative land uses and design standards by contracting with a land use/design consulting firm, with the staff providing technical support. 2. Do not complete a land use analysis for the Triangle. Assume that presently allowed land uses and development standards are generally appropriate. Any proposed changes will be considered on their individual merits. In this case the City will respond to situations as they develop. 3. Complete a land use analysis, but do so using in-house resources instead of hiring a consultant. Although this could be done to a degree, it was felt that, a) it would shift staff away from other projects that are also important; b) a private sector consultant would have a depth of both land use and -3- design expertise that staff does not; and c) the study would not have the same degree of objectivity, boldness and credibility as it would with an outside consultant's input. 4. Enlarge the study to include not just a land use analysis, but a transportation analysis as well. It was concluded by staff that, although this may become a component later if the need is apparent, that work should be done under a separate contract, perhaps parallel to the land use study. It was further concluded that the land use analysis should proceed any further transportation analysis. III. CONCLUSION Based on conversations with developers it is likely that at least a portion of the Comprehensive Plan for the Triangle area is not correct relative to present economic conditions of development and natural features within the Triangle, and therefore a review of some alternatives would be appropriate. Staff has concluded that a land use study should be undertaken at this time, using the services of an outside consultant; that there may be a need to complete additional transportation studies in the future, but that any transportation studies necessary should be completed under separate contract or "in-house". Staff further concludes that Benkendorf and Associates are the most t qualified firm to complete this study, and that right now is a very appropriate time to proceed with the study. trimemo.sum - 6/14/91 F -4- FG T i g r ~rli _ ~ t~ a~ie ~tudr ~ Frei -Current .and l se E H t ~ t ~3C9~t ~('ESid~"T;~= f Qther uses Yi~l lol dole ! ■ol nprfualr ties tofrpi lel ly I11 Ci li of Tl~erd elllloifp ifoprgllt ~ lelersotiee Syelen (CIS) eeilean. IfNrsoliee portreyel More soy Ic inlnld to It lard rill H E R T H addiUoul teeleicel enl/or 9nletprotoE lro j dais of dedfrsined ly Ilo Cfly of Tigard. ' ~ (YP9EYlN9) 9 tI00 (It/12/90) ~ , 7-16-91 AGENDA #3.5 1 OF ` . s ~ i . ~ _ i ~ ~ - e ~ ~n l~ , ~ t. s q r . ~ 1 ~ ~ , f~ , ~r 1 ~ - ~ r ~ 4a ,7~ _ u~ ~ { ~ , , . r .T. ~ , v...~_._____---~ ~ m - ~ _r. a ~ ~t, . , ~ ,t . _.w~ _ r -tip-_ ~ , t x. 1 r j _ _ . a ~ i t i . ~ ~ r . - w ~ .r _ , r - ~ „ -a;; . ' 7 - 4: rr \ . }°~p i'.r ° vs 1 - -~i l ::;i J. - _ + e~ > , ~rW A COUNCIL AGENDA ITEM -3.6a N ) CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF: July 9. 1991 DATE SUBMITTED: June 26, 1991 ISSUE/AGENDA TITLE: Appropriation of PREVIOUS ACTION: June 25, 1991. Contingency - 1991/92 Budget 91Z92 Budget Adoption Adjustment PREPARED BY: Wayne DEPT HEAD OK CITY ADMIN OK REQUESTED BY: Operations ISSUE BEFORE THE COUNCIL Shall the City Council approve the appropriation from contingency in the Sanitary and Storm Sewer funds for the purchase of OSHA-required safety equipment. STAFF RECOMMENDATION Staff recommends approval of Resolution. INFORMATION SUMMARY Both the Sanitary Sewer and Storm Sewer maintenance crews routinely have a need to dig trenches more than 5 feet deep to make repairs to sewer and storm lines. Recent OSHA requirements require shoring shield equipment which the City does not have. The specific type of equipment necessary for this application is not available at rental yards. In order to continue the maintenance and repair of such lines throughout the City, it will be necessary to purchase a shoring shield system to be shared by both crews. The cost of the equipment is estimated at $8,000. This equipment was not included in the proposed budget because the detailed requirements from OSHA were not known until after the budget process was complete. Apparently there was some confusion between OSHA and the distributor as to exactly what piece of equipment would comply with the requirements. The equipment being proposed will bring the city into compliance with the new safety rules. PROPOSED ALTERNATIVES 1. Approve resolution. 2. Do not approve. FISCAL NOTES 1. Appropriates $4,000 of contingency in both the Sanitary and Storm Sewer funds for a total of $8,000. 2. Certain repair work would have to be contracted out. COUNCIL AGENDA ITEM q CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF: July 9, 1991 DATE SUBMITTED: April 5. 1991 ISSUE/AGENDA TITLE: Vacation PREVIOUS ACTION: Two previous re uests for vacation of this R-O-T rtion on SW 90th Avenue. r PREPARED BY: Planning Staff DEPT HEAD OK CITY ADMIN OK F.EQUESTED BY: Property Owners ISSUE RE THE COUNCIL Should the City Council vacate a portion of SW 90th Avenue located north of the intersection of SW 90th Avenue and SW North Dakota Street? STAFF RECOMMENDATION It is recomended that the City Council approve the attached ordinance thereby approving the vacation of a portion of SW 90th Avenue. INFORMATION SUMMARY Council initiated this vacation at a meeting held on May 21, 1991. The Planning Commission recommended approval of this vacation at a meeting held on June 17, 1991. Daniel and Charlotte Cook and Charles Hing, petitioners, request City Council approval to vacate a portion of the SW 90th Avenue right-of-way adjacent to properties they own at the corner of SW 90th Avenue and SW North Dakota Street (see accompanying map). This request differs from the two previous requests to vacate SW 90th Avenue north of SW North Dakota Street because the previous vacation requests included a portion of SW North Dakota Street located east of SW 90th Avenue. If approved the previous requests would have created a landlocked parcel at the east end if SW 90th Avenue and adjacent to Highway 217. The subject request does not create a landlocked parcel and appears to be in the public interest. The recomendations of the appropriate reviewing agencies have been reflected in the proposed condition(s) of approval. Attachments include: 1) a legal description (Exhibit "A"); 2) a vicinity map showing the location of the proposed vacation (Exhibit "B"). PROPOSED ALTERNATIVES 1. Approve the attached ordinance approving the vacation proposal. 2. Amend and approve the attached ordinance approving the vacation proposal. 3. Deny the attached ordinance and vacation proposal. 4. Take no action at this time. FISCAL NOTES t! All fees and costs have been or will be paid by the applicant. RP/90-sum.cc COUNCIL AGENDA ITEM MEMORANDUM CITY OF TIGARD, OREGON TO: Honorable Mayor and City Council FROM: Cathy Wheatley, City Recorder DATE: July 2, 1991 SUBJECT: Council Meeting - July 9, 1991 The Public Hearing on the vacation of right-of-way for a portion of S.W. 135th Avenue will either be recommended to be continued to a date certain or withdrawn. cwc72.91 C r E COUNCIL AGENDA ITEM CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF: July 9, 1991 DATE SUBMITTED: June 25, 1991 ISSUE/AGENDA TITLE: Consideration o4 PREVIOUS ACTION: The Parks System a Revised Parks System Development/,4 Development Charge was established Charge to ComDM\v with State Lam " in 1977 and amended in 1978, 1987, DEPT HEAD OK CITY ADMIN OK and October, 1990. ' PREPARED BY: Ron Bunch, Sr. Planner REQUESTED BY: Ed Murphy, CD Director ISSUE BEFORE THE COUNCIL The issue before the City Council is whether the City should repeal Ordinance 87-71 and adopt a new Parks System Development Charge (SDC) Ordinance which would bring the City into compliance with ORS 223.297 - 223.314. STAFF RECOMMENDATION It is recommended that the City Council adopt the attached System Development Charge Ordinance. INFORMATION SUMMARY The 1989 Oregon State Legislature adopted a comprehensive state law that requires Cities to revise their SDC ordinances by July, 1991. The new legislation provides a uniform framework that all local governments must follow to collect and expend SDC fees. Adoption of the attached Parks SDC ,)rdinance would bring Tigard into compliance with this law. The law also requires that the City adopt a methodology and a Capital Improvement Program (CIP) by which to set the SDC. Staff has prepared a methodology and a CIP, which is attached to the proposed ordinance as Exhibit "A". This information indicates that in order to ensure future Tigard residents enjoy the same level of park areas and facilities as current residents, the SDC would have to be increased by about $200.00 a unit over current levels. This would be $718 for single family units and $508 for multi-family units. However, the ordinance does not increase the Parks SDC at this time. Rather, staff recommends these revisions be made when the "Ten Year Park Improvement Program" (Parks 2000 Action Plan) is completed. PROPOSED ALTERNATIVES 1) Adopt the proposed Parks SDC Ordinance and continue the current SDC charges.- 2) Adopt the ordinance but adopt other charges than those proposed. 3) Adopt neither the ordinance nor the increased charges. FISCAL NOTES 1) It is estimated that, adopting the ordinance and continuing the current charges would result in SDC revenues of about $150,000 for Fiscal Year 1991-92. This is based on 300 single family residents being built. 2) Adopting SDC's which would provide the 'same level of park areas and facilities to future residents as what currently exists would result in an additional $65,000 of revenue for FY 1991 -92 based on the above assumptions. -:b/ccsumprk.sdc t MEMORANDUM CITY OF TIGARD, OREGON TO: Pat Reilly, City Administrator FROM: Ed Murphy, Community Development Director DATE: June 26, 1991 SUBJECT: Parks System Development Charge Ordinance Adoption of the attached Parks System Development Charge Ordinance would bring Tigard into compliance with the System Development Charge Act (ORS 223.297 - 223.314). Associated with the ordinance is a parks capital improvement program (CIP) which is required by the law. The CIP and associated methodology indicates that if future residents are charged the same amount that current residents have invested in the system in order to maintain the current level of service, the following SDC increases would result. a) Single Family Dwelling: $717.56 up from $500 per unit. b) Manufactured Homes on Individual Lots: $717.56 up from $500 per unit. C) Multi-Family Units: $507.70 up from $300 per unit. d) Spaces Within a Manufactured Home Park: $507.70 up from $250 per unit. The current standard and how much current residents have invested in the system is illustrated by the attached Figure 1. However, staff does not propose to increase the parks SDC fee at this time. Rather it is recommenced to continue the current level of SDC charges until staff completes the "Ten-Year Park Improvement Program" (Parks 2000 Action Plan). At that time, changes to the SDC would be proposed based upon a detailed study of Tigard's current park facilities and a detailed development program. Also, waiting to adopt new SDC's until this planning effort is complete would give Tigard's citizens and the development community an opportunity to participate in the process. The SDC fees will continue to be charged only against residential development. The park system components included in the SDC are neighborhood and community parks and facility areas such as baseball and soccer fields. The 117 acres of greenways and wetlands which are controlled by the City were not used as part of the SDC methodology and CIP. At this time it was decided only to include those parks which are accessible and for the most part useable or which could be made useable for both passive and/or active recreation. msdcpat.rb5 FIGURE 1 CITY OF TIGARD: INVESTMENT IN EXISTING PARK FACILITIES AMOUNT PER PERSON AS PER 1991 POPULATION ESTIMATE OF 29,300 Component Existing Standard Component Charge Standard Units Cost P/Person Parks - Land Acquisition and Development: - Community 4.03/Acre 1,000/pop. $40,000 per acre $161.29 - Neighborhood (118.146 Acres) - Mini-Parks Basic Park Imnrovements:l $ .50 sq. ft. 87.82 Existina Facilities: (2) Softball/Baseball .07 1,000/pop. $57,0002 each 3.89 Diamonds (2) Multi-Use Hard .07 1,000/pop. 7,700 each .53 Courts (3) Soccer Fields .10 1,000/pop. 64,8003 each 6.63 Unlighted (10) Playground .34 1,000/pop. 20,000 each 6.82 Equipment Sets (2) Horseshoe Court .07 1,000/pop. 500 each .03 (2) Picnic Shelters .07 1,000/pop. 10,000 each .68 (2) Restrooms .34 fixtures 1,000/pop. 10,000 fixture 3.41 (10 Fixtures) Total Park Land and Facilities Investment Per Person ................$270.81 parkinvs.rb6 Basic Park Improvements include grading, basic irrigation, primary pedestrian paths, lawn development and landscaping. $.50 sq. ft. is the estimated current standard of improvement. 2The actual cost of constructing a softball diamond is approximately $1.20 per square foot. In this case the basic park improvement cost of $.50 sq. ft. has been taken into account. 3 A regulation soccer field costs about: $1.20 sq. ft to construct. The cost per facility has taken into account the $.50 sq. ft. basic park improvement cost. E t COUNCIL AGENDA ITEM ! CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF: July 9, 1991 DATE SUBMITTED: June 14, 1991 ISSUE/AGENDA TITLE: Revisions to PREVIOUS ACTION: Adoption of Library Libra Policy-Manual and TMC Ch e Policy Manual 1988 2.36.040 PREPARED BY: Irene Ertell DEPT HEAD OK CITY ADMIN O REQUESTED BY: Library Board POLI Y ISSUE The Library Policy Manual as recommended by the Library Board and approved by the City Council in 1988 was reviewed by the Library Board this first quarter of the year. Four sections are being presented for revision, with the fourth requiring a revision to the Tigard City Municipal Code, Chapter 2.36.040. INFORMATION SUMMARY The four sections recommended for revision are: Section IV, Reconsideration of Library Materials; Section VII, Privacy of Records; Section VIII, Meeting Room Use and the City of Tigard Municipal Code, Chapter 2.36.040, Board Responsibilities. (This section of the Code is included as a part of the JPolicy Manual.) The proposed revisions will more accurately reflect current procedures and, in the section on Privacy of Records, compliance with ORS 192.501. Please see attached memorandum to City Administrator, dated April 26, 1991 for detailed information. - ALTERNATIVES CONSIDERED 1. Adopt revisions. 2. Do not change Policy Manual adopted in 1988. FISCAL IMPACT None. SUGGESTED ACTION Adopt the four revisions as presented in the attached proposed ordinance. C' n:word\library\ieesumag F t F e f, MEMORANDUM CITY OF TIGARD, OREGON TO: Pat Reilly, City Administrator FROM: Irene Ertell, Library Director- DATE: April 26, 1991 SUBJECT: Revisions to Library Policy Manual At its April 11, 1991 meeting, the Tigard Library Board voted to revise three sections of the Library Policy Manual which was adopted in May 1988 and "Chapter 2.36.040 of the City Municipal Code. Section IV Reconsideration of Library Materials, was expanded to reflect more accurately the way in which complaints are handled at present and to present a clear line of responsibility for handling these complaints. In asmuch as the complaint form, "Request for Reconsideration of Library Materials," becomes a public document once it is filled out and signed, this fact will now appear at the bottom of the form. "Signature of Complainant" has been changed to "Signature." These changes were reviewed with City Attorney, Tim Ramis. Section VII, Privacv of Records, was revised in line with a change in ORS 192.501 which no longer prohibits disclosure of patrons' reading records if "public interest requires disclosure." This too was reviewed with the City Attorney. Section VIII, MeetinLy Room Use, applies to the Library's Quiet Room. The changes were made so that the library's policy conforms to the city-wide policy. The last revised item concerns Library Board responsibilities. The Municipal Code in Chapter 2.36.040 "Board Responsibilities" lists seven responsibilities. The Board has reduced this to four which they believe accurately reflects the duties of an advisory board and is a more precise description of how they carry out their responsibilities. They would like to see the Code revised accordingly. Each of these revisions is attached with copies of the original. If there are no problems with the revisions to the three policy statements, the changes will be made as appropriate. If the change to the Municipal Code is approved, the appropriate steps will be taken for that revision. POLMEMO word\library 7 i IV. RECONSIDERATION OF LIBRARY MATERIALS: A's the Library strives to provide books and other materials for the interest, information, and enlightment of all people in the community, it' is inevitable that there will be disagreement on the merit of various items. The Library selection staff is not able to read or review each item before ordering, though it utilizes as much as possible recognized review Sources. If a patron or a group objects to any item, they will be furnished with the "Request for Reconsideration of Library Materials" form (see following) which must be filled out before reconsideration will be given. The Library Director will examine the item in question, checking reviews and determining whether it conforms to the standards as stated in the Selection of Library Materials. The Library Director will decide whether to withdraw or restrict the material in question and will write to the complainant giving the reasons for the decision. If the complainant wishes to contest the Library Director's decision, the "Request for Reconsideration of Library materials" may be presented to the Library Board for review, by letter or by making prior arrangements to be on the agenda of a Library Board meeting. The Board will consider the complaint and the Library Director's recommendations. The Library Board will make its decision based on the standards as stated in Selection of Library Materials. C s l 0020L -11' /L(~-GcJ Ca7~ PART IV. RECONSIDERATION OF LIBRARY MATERIALS: As the Library strives to provide books and other materials for the interest, information and enlightenment of all people in the community, it is inevitable that there will be disagreement on the merit on various items. The library selection staff is not able to read or review each item before ordering, though it utilizes recognized review sources as much as possible. Recognizing that we all have a right to disagree and question, the Library staff will try to determine initially if the individual or group is seeking information as to why a particular item has been selected or if they object to the availability of the item and wish to have it removed from the shelf or to restrict access. If the individual or group is only seeking information, the matter should be handled informally by a professional librarian. This is an opportunity to explain the public library's mission and the guarantee of our freedom to read under the First Amendment. If the individual or group objects to the material being available and wishes to have the material removed from the library, then they will be furnished with the 'Request for Reconsideration of Library Materials' form (see page 12) which must be filled out before the item will be reconsidered. The Library Director will examine the item in question, seeking reviews and determining whether it conforms to the standards as stated in the Selection of Library Materials. The Library Director will decide whether to withdraw or restrict the material in question and will write to the complainant giving the reasons for the decision. If the complainant wishes to contest the Library Director's decision, the 'Request for Reconsideration of Library Materials' may be presented to the Library Board for review either by letter or by making prior arrangements to be on the agenda of a Library Board meeting. The Board will consider the complaint and the Library Director's recommendations. The Library Board will make its t decision based on the standards as stated in Selection of Library Materials. If the complainant contests the Library Board's decision, the matter will be referred to the City Council. t F Ye 3 VII. PRIVACY OF RECORDS: L ry person has a right to inspect any public record of a public body in this state except as otherwise expressly provided by ORS 192.501 to 192.505. Patron registration is a public record and not exempt by ORS 192.500. Public library circulation records showing the use of specific library materials by named persons are exempt from disclosure under ORS 192.410 and ORS 192.500. Such disclosure would clearly constitute an unreasonable invasion of privacy. 4 Any problems or conditions relating to the privacy of a patron through the records of Tigard Public Library which are not provided for in this policy statement should be referred to the Library Director who after study and ' consultation with the Library Board and/or Legal Counsel, shall issue a written decision as to whether to heed the request for information. (Policy based on "Policy on Confidentiality of Library Records," adopted by the Council of the American Library Association, January 20, 1971; revised July 4, 1975, by the ALA Council.) i i +S i C_ 002OL -15- ~~..(i000 o Ld~c~ PART VII. PRIVACY OF RECORDS: The public library circulation records showing the use of specific library materials by named persons are conditionally exempt under ORS 192.501. ORS 192.501 exempts a specific type of record information "unless the public interest requires disclosure in the particular instance." Though libraries are exempt from disclosure, exemption does not prohibit disclosure. The Tigard Public Library believes that the disclosure of a person's record showing the use of specific library materials is an invasion of privacy. Therefore, unless 'public interests" can be shown, the Library Director will refuse to disclose such records. The Library Director will refer all such requests to legal counsel who will advise the Library Board and City Council on an appropriate response by the Library Director. Ns%v rd\llbrary\lbypol r 1 c 1 r f i VIII. MEETING ROOM USE: a ll/ T~.e Tigard Public Library provides a meeting/study room for library-sponsored or co-sponsored programs and meetings which meet the Library's civic, informational, educational, cultural, and recreational service goals. When not in use for library activities, the meeting/study room is available to local community organizations and committees under the following guidelines approved by the Library Board. The Library Board neither approves nor disapproves of content, topics, subject matter, or points of view of individuals or groups using the meeting/study room. 1. The room is available for nonprofit, educational, or cultural groups or individuals who wish to study. 2. Groups may schedule a regular meeting time. Groups with a regularly scheduled meeting will be notified if a special situation arises and will be asked to reschedule a certain day to accommodate any special meeting or event. 3. A group may not charge admission for a meeting or event. 4. Generally, educational or training conferences, workshops, planning sessions, etc., need not be open to the public and will not be publicized with library events. Admission fees or collections may not take place, but registration fees for materials or tuition may be collected in advance, off the premises. The meeting/study room is available for use during the hours the library is open. A program or meeting may not continue past the closing hour for the library. Special arrangements can be made for the use of the room when the library is closed to the public and library staff is in the building. The room is not available on days the library is closed and library staff is not present. 6. Simple refreshments may be served in the meeting/study room, provided the room is left in the condition in which it was found and users bring their own utensils and supplies. Notification must be made ahead of time if refreshments are to be served. The group will be charged for damage incurred to furnishings or carpet during the meeting. No alcoholic beverages are allowed on the premises. 7. No smgking is allowed in the library. 8. The Library Board or the City of Tigard is not responsible for accidents, injury, or loss of individual or group property while using the meeting/ study room. 9. Specific rules governing the use of meeting/study room will be established and supervised by the Library Director and Library staff. C 0020L -16- . ~.c-c-a laid MEETING ROOM USE The Tigard Public Library provides a meeting/study room for meetings which meet the Ubrary's civic, informational, education, cultural, and recreational service goals. When not in use for library activities, the meeting/study room is available to local community organizations and committees under the following guidelines approved by the Ubrary Board. The Library Board neither approves nor disapproves of content, topics, subject matter, or points of view of individuals or groups using the meeting/study room. 1. The room is available for nonprofit, educational, or cultural groups or individuals who wish to study. 2. Groups or individuals may schedule a regular meeting time. The Ubrary retains the right to cancel or relocate a meeting upon 24 hours notice. 3. The meeting/study room is available for use during the hours the library is open. A program or meeting may not continue past the closing hour for the library. Special arrangements can be made for the use of the room when the library is closed to the public and library staff is in the building. The room is not available on days the library is closed and library staff is not present. 4. No smoking, food, or beverages are allowed in the library. 5. CITY LIABILITY All groups or individuals using the Ubrary meeting room agree to protect, indemnify, and defend the City, its authorized agents, elected and appointed officials, and all employees against any and all claims as a result of persons attending any function at the facility. This provision includes any expenses incurred by the City defending any such claim. The City, its elected and appointed officials, and all employees will not be hold responsible for any lost or stolen articles, clothing, etc., as a result of persons attending any function in the building. USER LIABILITY The City recognizes that a certain amount of wear will occur to the meeting room over the course of normal use. However, in the event the above maintenance guidelines are violated, the user will be liable for the following charges: 1. Repair or replacement of equipment or facilities damaged due to neglect, vandalism, or misuse. 2. Cleaning expense incurred to clean up the room if not left in the same condition as found. 6. Functions occurring in the meeting/study room must not violate any City Ordinance or disrupt ' normal Ubrary activities. 7. Specific rules governing the use of meeting/study room will be established and supervised by the Ubrary Director and Ubrary . staff. ;ad PJ91 0020L -16- 4 2.36 _046 the mayor, subject to confirmation by =he city council, shall appoint a new member to serve for the duration of the unexpired term. (3) No person may serve more than two full consecu- tive terms on the library board, notwithstanding prior appointment to•an unexpired term. After a one-year interval, a former member who had served two ter-m- may be reappointed. (4) Members of the library board shall receive no compensation. - (c) Meetings. The library board shall meet at least six times a year and every meeting of tine board shall be publicized in advance and shall be open to the public. (d) Officers. The library board shall, at its first meeting after July 1, 1977, and at least annually thereafter elect a chairman and a chairman pro to=. The chairman shall preside over the meetings of'the board. The head librarian, or his authorized designee; shall serve as secretary to the library board and shall keep. accurate records of all board meetings which records shall be made, available-to the city administrator, city council and interested public.upon re- quest. (Ord. 84-35 551, 2•, 1984: --'Ord.- 77-57 51, -1977: Ord. 72-30 53, 1972). Zr.36040' Hosxd---Restoii'siblities The -library board shall have the following responsibilities: ( (1) To advise the city administrator and city council of findings aLhd'concerns relating to the management, control and operation of city library facilities; (2) To formulate for recommendation-to the city council, rules, regulations and policies as deemed desirable for the governance, maintenance of order, safety, operation and utili- zation of library facilities and to monitor the application of all adopted rules, regulations and policies; (3) To monitor the operation of the library for -the purpose of identifying any deficiencies in the level of ser- vice being. provided to the public and to recommend to the city administrator and city council appropriate remedial actions where deficiencies are found to exist; (4) To make recommendations to the budget officer re- garding financial needs of the library during the preparation of the annual budget; (5) To encourage and support active. volunteerism in sup- port of the use and improvement of the library facilities; (6) To ascertain the library needs of the community and to present to the city council. evaluations and recommendations regarding needs and desires as expressed by library patrons;- (7) To perform such other duties and to provide such other advice as the council may request from time to time in furtherance of the goal of providing the best library service l 26 (Tigard 9/84) 2.36.050--2.40.020 r to the public as is possible under t-he constraints of avail- able revenue, space, manpower and other public resources. (Ord. 77-57 52, 1977: Ord. 72-30 54, 1972). 2.36.050 Donated funds. All fur_ds donated to the city for library purposes shall be subject to the same rules, regulations and expenditure control as applicable to appro- priated funds; provided, however, that such donated funds shall be accounted for under the caption of *public library donations," and such funds shall be subject to expenditure only for the purposes for which donated, except that funds received from donors without specific limitations as to use may be used for general library purposes. (Ord. 72-30 55, 1972). 2.36.060 Fees. (a) users and patrons who reside in or have their business in the city limits of Tigard shall not be required to pay a library privilege fee, but shall be liable to pay such fines or late charges as may be pre- scribed by resolution of.the council. (b) All fees and charges received shall be accounted for as general fund receipts under the heading of "public library." (Ord. 84-35 53, 1984: Ord. 76-55 51, 1976: Ord. 72-30 56, 1972). Chapter 2.40 NOMINATING PROCEDURE Sections: 2.40.010 Petition--Form- 2.40.020 Nomination acceptance--Form--Furnished by city recorder. 2.40.030 Filing dates--Mayor. 2.40.040 Filing dates--City cour.cil. 2.40.050 Filing dates--Extension in case of weekend _ or holiday. 2.40.010 Petition--Form. The form of nominating peti- tion for all candidates for elective positions within the city shall substantially conform to the form designated•by the Secretary of State. (Ord. 86-05 51, 1986: Ord. 64-19 51, 1964). 2 40 020 Nomination acceptance--Form--Furnished by city recorder.* The city recorder Is- authorized and directed * Exhibit A is on file in the city recorder's office. 29 (Tigard 8/15/86) Geti.- IBRARY BOARD RESPONSIBILITIES: The Library Board shall have the following responsibilities: 1. To represent the library needs of the community and communicate those needs to the City Council; 2. To recommend library policies as deemed desirable in the operation and utilization of library facilities to the Council; 3. To encourage and support active volunteerism in support of the use and improvement of library facilities; 4. To advise, as the Council may request, in furtherance of the goal to provide the best library service to the public as possible within the constraints of available resources, space and manpower. wcrd&brarfXbpol z I t 's