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City Council Packet - 08/18/1992 SEIM f I CITY OF TIGARD OREGON AGENDA i 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. Times noted are estimated; it is recommended that persons interested in testifying be present by 7:15 p.m. to sign in on the testimony sign-in sheet. Business agenda sterns can be heard in any order after 7:3012-m. 6:30 • STUDY SESSION (6:30 PM) Executive Session: The Tigard City Council may 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. 7:30 1. BUSINESS MEETING (7:30 PM)) 1.1 Call to Order - City Council & Local Contract Review Board 1.2 Roll Call 1.3 Pledge of Allegiance 1.4 Call to Council and Staff for Non-Agenda Items 7:35 2. VISITOR'S AGENDA (Two Minutes or Less, Please) NNW. COUNCIL AGENDA - AUGUST 11, 1992 PAGE 1 r • r g~ 1 7:50 3. CONSENT AGENDA: These items are considered to be routine and may be enacted in one f _ °i'--- + .d:c.r~~inn An-unnc may Yarn IRCt that an item hA rAmnvnd by motion for discussion and separate action. Motion to: 3.1 Approve Council Minutes: July 28, 1992 3.2 Approve Amendment to Equal Employment Opportunity Policy to Reflect the Spirit of New Legislation (American with Disabilities Act) - Resolution No. 92- ~Z . 3.3 Adopt Final Order: Vista Point Subdivision Sub 92-005, PDR 92-003, SLR 92-0002, VAR 92-0010 - Resolution No. 927` 3 3.4 Local Contract Review Board a. Award Contract for Pathfinder/Genesis Pathways b. Award Contract for Alfred Street Drainage Capital Improvement Project C. Appoint Real Estate Broker for Sale of McDonald House 8:00 4. PUBLIC HEARING - EDITH JOHNSON SANITARY SEWER REIMBURSEMENT DISTRICT - A RESOLUTION ESTABLISHING THE EDITH JOHNSON SANITARY SEWER REIMBURSEMENT DISTRICT. a. Public Hearing Opened b. Declarations or Challenges C. Staff Report - City Engineer d. Public Testimony - Proponents (favoring the amendment) - Opponents (opposing the amendment) e. Staff Recommendation f. Council Questions/Comments g. Public Hearing Closed h. Council Consideration: Motion Directing Staff 8:30 5. PUBLIC HEARING - CPA 92-0004 / ZOA 92-0002 - SCHOLLS FERRY !ROAD - AN ORDINANCE APPROVING AN AMENDMENT TO THE TIGARD COMPREHENSIVE PLAN TRANSPORTATION MAP BY CHANGING DESIGNATION OF THE SEGMENT OF SCHOLLS FERRY ROAD BETWEEN ITS INTERSECTIONS WITH OLD SCHOLLS FERRY ROAD FROM ARTERIAL TO MAJOR COLLECTOR (CPA 92-0004) AND APPROVING AN AMENDMENT TO TIGARD°S COMMUNITY DEVELOPMENT CODE SECTION 18.96.020 TO REFLECT THE CHANGE IN DESIGNATION OF THE SCHOLLS FERRY ROAD SEGMENT (ZOA 92-0002). a. Public Hearing Opened b. Declarations or Challenges C. Staff Report - Community Development Staff d. Public Testimony e. Staff Recommendation f. Council Questions/Comments 9. Public Hearing Closed 3 h. Council Consideration: Ordinance No. 92-/ OEM COUNCIL AGENDA - AUGUST 11, 1992 - PAGE 2 8:45 6. ADMINISTRATIVE REVIEW/UPDATE • City Administrator 9:00 7. NON-AGENDA ITEMS 9:10 8. EXECUTIVE SESSION: The Tigard City Council may 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. 9:30 9. ADJOURNMENT C =0818.92 C 'COUNCIL AGENDA - AUGUST 11, 1992 - PAGE 3 Council Agenda Item i T I G A R D C I T Y C O U N C I L LN- L7 jI L"V.Lri LSVVV.Ji .S.V, i'3iIr.Ij: • Meeting was called to order at 6:50 p.m. by Council President Schwartz. 1. ROLL CALL Council Present: Council President John Schwartz; Councilors Judy Fessler and Valerie Johnson. Staff Present: Patrick Reilly, City Administrator; Janice Deardorff, Personnel Director (for Executive Session/Study Session only); Ken Elliott, Legal Counsel; Wayne Lowry, Finance Director; Ed Murphy, Community Development Director; Catherine Wheatley, City Recorder; and Randy Wooley, City Engineer. STUDY SESSION Executive Session: The Tigard City Council went into Executive Session at 6:50 p.m. under the provisions of ORS 192.660 (1) (d) to discuss labor relations. Council convened in to Regular Session at 7:40 p.m. Motion by Councilor Johnson, seconded by Councilor Fessler, to ' accept recommendations of Labor Negotiator Garry Bullard and Personnel Director Janice Deardorff. The motion passed by a unanimous vote of Council present. The entirs OPEU contract will be submitted to Council on the Consent Agenda at a later meeting for formal approval. BUSINESS MEETING 2. VISITOR'S AGENDA: No visitors. 3. CONSENT AGENDA- Council discussed the following items on the Consent Agenda: Item 3.4a: In response to inquiries from council, city Engineer Wooley advised that the concerns of neighbors expressed at an earlier meeting (Council meeting of June 9, 1992) had been addressed. i CITY COUNCIL MEETING MINUTES - AUGUST 18, 1992 - PAGE 1 Community Development Director Murphy advised that the Terrace ( Trails pathway will not be started this summer or fall due to some problems with wetlands. Item 3.4c: Councilor Fessler asked about the staff cs:vuuuGiiuai,~ bin =or se ieczion o= a real estate broker to sei-i. City-owned property on McDonald Street. Finance Director Lowry advised that all candidates appeared to be equally qualified. In considering the experience of each realtor along with their familiarity with the City, staff recommended the selection of Professionals 100 Realtor Linda Eaton. Motion by Councilor Johnson, seconded by Councilor Fessler, to approve the Consent Agenda as follows: 3.1 Approve Council Minutes: July 28, 1992 3.2 Approve Amendment to Equal Employment Opportunity Policy to Reflect the Spirit of New Legislation (American with Disabilities Act) - Resolution No. 92-42 3.3 Adopt Final Order: Vista Point Subdivision Sub 92- 005, PDR 92-003, SLR 92-0002, VAR 92-0010 - Resolution No. 92-43 3.4 Local Contract Review Board a. Award Contract for Pathfinder/Genesis Pathways b. Award Contract for Alfred Street Drainage Capital Improvement Project C. Appoint Real Estate Broker for Sale of McDonald House motion was approved by a unanimous vote of Council present. 4. PUBLIC H]Ui27-NG - EDITH JOHNSON SANITARY SEWER REIMBURSEMENT DISTRICT -A RESOLUTION ESTABLISHING THE EDITH JOHNSON SANITARY SEWER RE33MURSE4ENT DISTRICT. a. Public hearing was opened. b. There were no declarations or challenges. C. City Engineer Wooley summarized the staff report noting the Edith Johnson Sanitary Sewer Reimbursement (Resolution No. 92-27) was appealed by an affected property owner. City Engineer answered questions from Council and provided the following information: • Sewer line was constructed to standards which would allow future connections. • Reviewed timeline of construction and final inspection. Mrs. Johnson applied for the reimbursement district formation after the deadline to do so because of confusion with timing. C CITY COUNCIL MEETING MINUTES - AUGUST 18, 1992 - PAGE 2 NEW OEM • If a property owner connects to the sewer line they C must pay their share of construction costs and associated fees if the reimbursement district is still valid. d. Public Testimony: • Robert C. Lamb, 9735 S.W. McDonald, Tigard, Oregon requested clarification on length of time the reimbursement district would be in effect, including any provision for extensions. City Engineer advised that the length of district formation is 10 years with an option to renew for another 10 years. The costs would go up each year because of the provisions for a 4-1/2 percent interest charge. Mr. Lamb had the following comments and concerns: - Took issue with the incurring of an obligation beginning June 1991. He advised he received notice of the district formation on June 12, 1992; Resolution No. 92-27 was passed on June 9, 1992. - Noted he had received no prior notification of the subject action. He did not have an opportunity to comment but was "just given a bill." - Presented a "Bill to the City of Tigard." (See Council packet material.) - Took issue with the date of formation of the district noting the time period for formation was exceeded. - Requested that people be given an opportunity to participate and urged Council to reverse the action. Legal Counsel Elliott noted that the acceptance of the "Bill" from Mr. Lamb did not indicate validity as a debt to the City of Tigard. • Nora A. Pirrie, 9705 S.W. McDonald, Tigard, Oregon advised she agreed with Mr. Lamb. She requested that Lot No. 12 also be removed from the reimbursement district. • Jane Lamb, 9735 S.W. McDonald, Tigard, Oregon, noted her concerns that it was a "total surprise" ( to get this "bill" from the City. CITY COUNCIL MEETING MINUTES - AUGUST 18, 1992 - PAGE 3 t • Edith Johnson, 9800 S.W. O-*Mara, Tigard, Oregon, testified she needed the sewer, had it constructed, and paid all bills. She noted the laterals to her neighbors were put in for future connection and were required by the City. She had assumed she would have to pay total cost, but was advised at a later time of the reimbursement district opportunity to recover some expesi5ce. Mrs. T..-1--...-.-~_c:.1 : _ said that if additional lots connect on to this sewer, then they should share in the costs. In response to a question from Councilor Johnson, 4 Mrs. Johnson advised that the sewer was built because she constructed a new house on her property. • Paul Downing - signed in to speak, but declined to } testify. e. Staff comments: City Engineer Wooley advised that the reimbursement district was not a bill. Property owners would only pay if and when they hooked up to the sewer. 'He advised staff recommended that Council affirm the previous resolution. f. Council comments: s C Councilor Johnson requested clarification on s reimbursement district formation process. City Engineer advised that the Tigard Municipal Code a does not require a hearing. Property owners are required to be notified of formation after Council action. This action would not appear on records to be a lien against the property. Sewer connection would be required if the existing dwelling was remodelled (25% of value within a 12-month period), or if a new building was constructed. A buyer would be notified of the existence of the reimbursement district because the resolution forming the district was recorded with the County; this would appear in a title search. City Engineer explained that the interest rate r assigned to the district was determined by how much the applicant would have received if they had not had to spend those dollars on the sewer construction (i.e., how much they would have earned with their money in a savings account). CITY COUNCIL MEETING MINUTES - AUGUST 18, 1992 - PAGE 4 • Councilor Schwartz asked for information on previous sewer reimbursement districts. Other districts have charged up to 7 percent interest according to the City Engineer. - 7n ,-A,cr,nr,se to a question from Councilor Johnson, City Engineer advised that this was the only process available for reimbursement to one developer when adjacent properties connect to improvements at a later date. In fact, the ! reimbursement district provisions of the Code were created so a sharing of the costs could occur. a Lengthy discussion followed with Council noting concerns on the process of notification for a reimbursement district, computation of interest on the improvements, and an equitable solution to the situation. Councilor Y Fessler noted, especially, her concerns with the Code's lack of provision for notification to the affected property owners. She urged that this be reviewed and amended. f. Public hearing was closed. g. Council consideration. • Councilor Schwartz noted the value of a reimbursement district and that this represented a fair way of those using improvements to share in the costs. He did have concerns, however, with the interest rate accruing on the entire amount. The timing of the sewer improvements was because of Mrs. Johnson's need. Adjacent property owners did not require a sewer connection at this time and for them to incur interest from the time of construction to time of connection may not be appropriate. • Councilor Johnson advised she concurred with Councilor Schwartz. She suggested that interest should only accrue on the stub-out portion costs for each property line and that the remaining cost for their allocated share would not have interest dollars attached. • Councilor Fessler reiterated her concerns with the notification process. She also advised that the sewer reimbursement process was inequitable. Motion by Councilor Schwartz, seconded by Councilor Johnson, to reaffirm Resolution No. 92-27 with the following change: The 4-1/2 percent interest rate would CITY COUNCIL MEETING MINUTES - AUGUST 18, 1992 - PAGE 5 OEM- i be applied to the sewer stub-out portion only for Lots 11 and 12 (the remaining allocation of cost would not accrue 1 any interest). The motion passed with by a majority vote (2-1); Councilor Fessler voted "No. Staff advised that the revised resolution would be presented to the Council on the September 8, 1992 Consent Agenda. Councilor Johnson requested staff review and j recommendations for changes in the reimbursement district formation process with regard to notification of affected property owners. 5. PUBLIC HEARING - CPA 92-0004 l ZOA 92-0002_- SCHOLLS FERRY ROAD - AN ORDINANCE APPROVING AN AMENDMENT TO THE TIGARD COMPREHENSIVE PLAN TRANSPORTATION MAP BY CHANGING DESIGNATION OF THE SEA OF SCHOLLS FERRY ROAD BETWEEN ITS INTERSECTIONS WITH OLD SCHOLLS FERRY ROAD FROM ARTERIAL TO MAJOR COLLECTOR (CPA 92-0004) AND APPROVING N At~NDMENT TO TIGARD"S COMMUNITY DEVELOPMENT CODE SECTION 18.96.020 TO REFLECT THE CHANGE IN DESIGNATION OF THE S OLLS FERRY ROAD SEGMENT (ZOA 92-0002). LNOWN a. Public hearing was opened. b. There were no declarations or challenges. C. Community Development Director Murphy reviewed the staff report. Staff recommended that the City Council approve the proposed amendment which will make Tigard's designation of the section of the road consistent with the Washington County and Beaverton functional classification. d. Public Testimony: None. e. Public hearing was closed. f. ORDINANCE NO. 92-23. AN ORDINANCE APPROVING AN AMENDMENT TO THE TIGARD COMPREHENSIVE PLAN TRANSPORTATION MAP BY CHANGING DESIGNATION OF THE SEGMENT OF SCHOLLS FERRY ROAD BETWEEN ITS INTERSECTIONS WITH OLD SCHOLLS FERRY ROAD FROM ARTERIAL TO MAJOR COLLECTOR (CPA 92-0004) AND APPROVING AN AMENDMENT TO TIGARD"S COMMUNITY DEVELOPMENT j CODE SECTION 18.96.020 TO REFLECT THE CHANGE IN DESIGNATION OF THE SCHOLLS FERRY ROAD SEGMENT (ZOA 92- 0002). CITY COUNCIL MEETING MINUTES - AUGUST 18, 1992 - PAGE 6 i I z 1 i REIM g. Motion by Councilor Johnson, seconded by Councilor Fessler, to adopt Resolution No. 92-23 with the amendment i C that the modification was being made because of a change in circumstances resulting from the State and County redesignation of the roads. (Page 2 of Ordinance No. 92- 23, Section 1, was changed from "mistake,, to "changed circumstances"). Motion passed by a unanimous vote of Council present. 6. ADMINISTRATIVE REVIEW/UPDATE i Council viewed a Public Service Announcement video featuring Portland Trailblazer Terry Porter in the Tigard Library. This ad will be shown nationally in the near future. i 7. ADJOURNMEnTT : 9:09 p.m. C A t s Catherine Wheatley, City Recorder C&blxxl,~ Mayor, City of Tigard I Date: i can0818.92 ; i t CITY COUNCIL MEETING MINUTES - AUGUST 18, 1992 - PAGE 7 No- NVAN-UMINAIMM } r COMM P.O. BOX 370 PHONE 684-0360 UNITY NEWSPAPERS, INC. Legal TT 7343 t BEAVERTON, OREGON 97075 Legal Notice Advertising e e ❑ Tearshee City of Tigard v o: ~3 Q PO Box 23397 ° ❑ Duplicate : - o V a~ E Tigard, Or 97223 o c'E v ,•,.o pvpGli ~~~yf a ~ 3 v 59:9 UO Co ri Rug ..,U~r O. ~.y.yay .0 _ .G.•~ O t01 AFFIDAVIT OF PUBLICATION 8.'4 g a'o Om P 2, STATE OF OREGON, a'a~. U ` COUNTY OF WASHINGTON, )as' E± ° 3 `n.~ ~ a I,- Judith Koehler o being first duly sworn, depose and say that I am the Advertisin y'° c ~.c y-.0 d Director, or his principal clerk, of the Tigard Timps c °o' cam, a newspaper of general circulation as defined in ORS 193.010 tw E r eo o C3 "o o a ; o a 3 ' and 193.020; published at Tigard in the ? ~S a~ afo e d co ny apd sk ie: aa t s ~a v~ me a o ~ ~ ra ~'u~~ is Iear~.n_Js ,ft0!b 4/ZOA92-0002 City g ;X a N 0 E x ~ > W a printed copy of which is hereto annexed, was published in the C o o ~t entire issue of said newspaper for One successive and a© . v$1uw .14 y::~ :n y . cn •o I: eo .5. p E. p consecutive in the following issues: G x«>. g lg o E oov, o p ~CROaO~ O~ V`C'.OO it i't ePl3~ =w®&J.m - 1,02 August 6, 1992 ° m, W.4 0 Y Subscribed and sworn t before me this 6th day of August 1992 V Notary Public for Oregon My Commission Expires: AFFIDAVIT - M=7 COMMUNITY NEWSPAPERS, INC. Legal TT 7344 P.O. BOX 370 PHONE (503) 684.0360 Notice BEAVERTON, OREGON 97075 l~~'CTf PUBLIC RIGIiT-0F 9VAY VACATiQ AM C ~ @gal Notice Advertising A FURTICIN aF sw 6~TFI AVENtJB e R Z o ❑ Tearsheet Notk : The Tigard City Council wall hold a,public Beating on'Nesday, Sept l.m ~9g , ber 8,:1992, at 7:30 p.m.", at the,Tigard City Hall Town Hall Reom.J1125 . City of Tigard ~U~i S W Hall Boulevard,.Tigard, Oregon; to consider the proposed vacs ion - . los aced at the t lar oP0 Box 23397 o ❑ Duplicate AffidE of a poa6on of,S.W 67th Avenue,adjacent to property Tigard, Oregon 9722Cjjj. OF.'IjGARf~. theist corner af.:S W "67th Avepiae and S W:.Baylor SO3 et. The mqi lest o ® wa3 initiated:by the Cify Coant ikon Buly 141992;oat behalf.of 116 Robert Cline.. Any.Interested person may appear and be $eard fol±or against the proposed vacation`of said public, ght=of way. any wait s, bb , jections or remonstrances sfiall be filed with the City Recazdvr by Sept'm ber x,.1992, by 7:30 p na' " , AFFIDAVIT OF PUBLICATION T345-Nblish Augusrl3,?A,1992 STATE OF OREGON, ) . ss The follow uobaeetan i is are i5lislted for eour information Full COUNTY OF 1NASP~INGTON,) agendas maybe obtaanmc~d fo the City Recoidr,13i25 S dV Flan I, Judith Koehler Boulevaud, T Azz dhegon 97223;6r by calking 639-4171 Y being first duly sworn, depose and say that I m tpe Advertising Director, or his principal clerk, of the 'I`i gar_~ Times _CITY C0UNCII;13USINESS G 4 a newspaper of general circul ion a defined in ORS 193.010 AUGUST 181992 :HAI I. and 193.020; published at i ark in the TIGARD MY. HALT, TOWN aforesaid county, and state; that the 13125S.W HALL BOULIaVARD, TIGARD, OREGON City Council Business Meeting r ~ f Study ess~on (Tnwn Hall Conference Room)16.30 P.M) x a printed copy of which is hereto annexed, was published in the j { . entire issue of said newspaper for One successive and Bu's utess Meetxttg (1'®wn Hall) (7:30 P M:) consecutive in the following issues: a Pub1~c Hearuags:, w4st 13, 1992 Pctiddfidi;Heanng by.Propeety Owner-- F~itt~ Fohnson , Sani ary Sevrer District =F: , -r Scholis..erry~TranSortad bn Plan Amendment -qDesigimtc; n Fmin;Arterial to Major. Collector ` ® . ;Local Cmntract Review Board ® Council `Acdon 13th day of August 1992 " i Subscribed and savor o before me this Resolution of Intent ~Formatton of 190 Agency for..WatE r ~ • Seivice - ~ ~ Notary Public for Oregon o Executive Session fihe Tigard Ciry. Council may go into Ezecn ' ; Live Session under the provisions of ORSz192 56t? (1) (d),.(e), d c . My Commission Expires: (4e) to discuss l&bor a elatioiis, real property iran caoiis, Curren , and pending litigation issues. t AFFIDAVIT Tf7344-Piibtish August 13,n1992, i III CITY OF TIGARD OREGON ~ •n4 hr /•e /~l~Yl~fh _ - - /4 i-I-t VFi V 1 1 Olf-' 1"'VO 111`it1 In the Matter of the Proposed (Ui~ f - 1ta 1 J - 3 i STATE OF OREGON ) County of Washington ) ss City of Tigard ) begin first duly sworn, on oath, depose qa say: That I posted in the following public and conspicuous places, a copy of Ordinance Number (s) - -73 which were adopted at the Council Meeting dated /8 l9 copy(s) of said ordinance(s) being hereto attached and by reference made a part hereof, on the day of 1. Tigard Civic Center, 13125 SW Hall Blvd., Tigard, Oregon 2. Washington Federal Savings Bank, 12260 SW Main Street, 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 OA LA Subscribed and sworn to before me this day of , 19~ Not Public for O gon My Commission Expires: C 10ginyOXCIAP 1 CITY O IGARD, OREGON ORDINANCE NO. 927,: i AN ORDINANCE APPROVING AN AMENDMENT TO THE TIGARD COMPREHENSIVE PLAN TRANSPORTATION MAP BY CHANGING DESIGNATION OF THE SEGMENT OF SCHOLLS FERRY ROAD BETWEEN ITS INTERSECTIONS WITH OLD SCROLLS FERRY ROAD FROM ARTERIAL TO MAJOR COLLECTOR (CPA 92-0004) AND APPROVING AN AMENDMENT TO TIGARD"S COMMUNITY DEVELOPMENT CODE SECTION 18.96.020 TO REFLECT THE CHANGE IN DESIGNATION OF THE SCHOLLS FERRY ROAD SEGMENT (ZOA 92-0002). WHEREAS, the proposal to amend the Comprehensive Plan Transportation Map by changing the designation of Scholls Ferry Road between its intersections with Old Scholls Ferry Road would make Tigard's designation of this segment of road consistent with Washington County and Beaverton; and WHEREAS, in order to be consistent with road designations it is necessary to amend Community Development Code Section 18.96.020; and WHEREAS, NPO #7 has discussed this proposal and recommends approval; and WHEREAS, the Planning commission conducted a public hearing for the CPA 92-0004 and ZOA 92-0002 proposals at its regular meeting on July 20, 1992 and recommends approval. NOW THEREFORE, THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: The proposal is consistent with all relevant criteria as noted below: The relevant criteria in this case are Statewide Planning Goals 1, 2, 12, and City of Tigard Comprehensive Plan policies 1.1.1, a., 2.1.1, 8.1.2, and applicable Community Development Code sections related to legislative plan amendments. The proposal is consistent with the applicable Statewide Goals based on the following findings: 1. Goal 1, Citizen Involvement, is met because the City has an' adopted citizen involvement program which includes review of land use applications by neighborhood planning organizations. In addition, this proposal will be reviewed in public hearings by the Planning Commission and by the City council for which proper notification is publicized. 2. Goal 2, Land Use Planning, is met because the City has applied all relevant Statewide Planning Goals, City Comprehensive Plan policies, and Community Development Code requirements in the review of this proposal. 3. Goal 12, Transportation, is met because the City has adopted policies related to improving the transportation network and continuing coordination of transportation improvements with other involved agencies. ORDINANCE No. 911Qr 1 Page 1 { MINIM • The proposal is consistent with the City's acknowledged ( Comprehensive Plan based on the following findings: 1. Policy 1.1.1 a. is satisfied because the change in designation of Scholls Ferry road between its s intersections with Old Scholls Ferry Road conforms to changed circumstances resulting from the State and County redesignation of the roads and therefore will not affect compliance of the Cityls acknowledged Plan with the Statewide Goals. 2. Policy 2.1.1 is satisfied because Neighborhood Planning Organization #7 have been notified of the ! hearing and have been given the opportunity to comment on the proposal. In addition, there will be a minimum of two public hearings which will be posted at City Hall and advertised in a local newspaper prior to each hearing. 3. Policy 8.1.2 is satisfied because of the proposed amendments to the Comprehensive Plan Transportation Map are for the purpose of establishing a consistent designation with Washington County. In addition, other agencies and jurisdictions, including Washington County, Metro and Beaverton, have been notified and given the opportunity to comment on the proposal. SECTION 2: The City Council hereby amends the Comprehensive Plan Transportation Map by changing the designation pf Scholls Ferry Road between its intersections with Old Scholls Ferry Road from arterial to major collector as shown in Exhibit "A." SECTION 3: The City Council hereby amends Community Development Code Section 18.96.020 by adding sections referring to Scholls Ferry Road designation as shown by bold faced and underlined passages in Exhibit "B." SECTION 4: This ordinance shall be effective 30 days after its passage by the Council, approval by the Mayor, and posting by the City Recorder. ORDINANCE No. 92- Page 2 al; C. PASSED: By U41 rr~►,~~►v~ tSut~ vote of all Council members present after being read by number and title only, this I day of 2,Ld4,tA-0%6 , 1992. Uj A=t Catherine Wheatley, City Re der APPROVED: This day of O-tA , 19 . ;-z - ZL-- / J Schwartz, Council Presi ent Approved as to form: City Attorney Date ORDINANCE No. 92-c 3 ' Page 3 910- M- - 24 A In - (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. STAFF NAME & ADDRESS TOPIC CONTACTED i s i e I t og n o v s ors.s i w 1 NMI= Depending on the number of person wishing to testify, the Chair of the Council may iimii u-16 a. ~cu^t of time each person has to speak. We ask you to limit your oral comments to 3 - 5 minutes. The Chair may further limit time if necessary. Written comments are always appreciated by the Council to supplement oral testimony. Please sign in to testify on the following: AGENDA ITEM N®."- DATE PLEASE PRINT Name Name a~~rT C+°. LAMB Address Address 97 S l~ ` Don/a4 Name Name IC- 2 t Address Address oS- ct,? /YIN o 4W d at N e Name Address dress Name Name y` Address Address Name ame Address Address Name Name Address Address Name Name Address Address Name Name Address ress Name 19ame Address Address i m 111,11 Depending on the number of person wishing to ie3u y, iiic Choi uic ,;;Q;; ,.,;iii. uevo us ;;;;u:;,: of time each person has to speak. We ask you to limit your oral comments to 3 - 5 minutes. The Chair may further limit time if necessary. Written comments are always appreciated by the Council to supplement oral testimony. Please sign in to testify on the following: t PLEASE PRINT Pooneats-~fs+ f=vr a✓FA g2 - Oppo~n$ (Spaksr9g Ag3nt'Cd?~ S2 Ol i c o is Ferry" 1~oad} o jzoa 2 z = Scholls , FpM, -Road) ame Name Address Address Name Name Address Address _ Name ame Address Address i Name Name Address Address Name Name dress Address Name Name Address Address Name ame Address Address Name Name Address Address i 1 i i i COUNCIL AGENDA ITEM 3, CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF: August 18, 1992 _ DATE SUBMITTED: 8/06/92 ISSUE/AGENDA TITLE: PREVIOUS ACTION: Adopted Policx Equal Employment Opportunity Policy PREPARED BY: Janice Deardorff DEPT HEAD OK CITY ADMIN O REQUESTED BY. Janice Deardorff ISSUE BEFORE THE COUNCIL Revision of City Council policy No. 1.2, Equal Employment Opportunity. - STAFF RECOMMENDATION Revise as attached. INFORMATION SUMMARY The Americans with Disabilities Act, Title I, prohibits discrimination in any terms or conditions of employment for qualified individuals with a disability. The current Equal Employment Opportunity policy already addresses disabilities, however, is dated in the use of the term "handicapped." To ensure that our policies remain updated and reflect the spirit of the new legislation, the language change is required. PROPOSED ALTERNATIVES 1. Revise current policy. 2. Create separate ADA policy. 3. Leave as is. FISCAL NOTES ; No fiscal impact. s i yi t CGU1-;C1L AGIEl\DA 17."1'iPl J.J CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF: August 18, 1992 DATE SUBMITTED: A_uctust 5, 1992 ISSUE/AGENDA TITLE: Final Order-Vista PREVIOUS ACTION: P.C. Hra. 6-22-92 Point Subdivision-Sub 92-0005 PDR4 At City Council Hrq. 7-28-92 92-0003 SLR 02 VAR 92-0010 PREPARED BY: Bewersdorff/Offer DEPT HEAD OK CITY ADMIN OK REQUESTED BY: Ed Murphy - - - ISSUE BEFORE THE COUNCIL Should the City Council approve the attached Resolution and Final Order approving the Vista Point Subdivision with findings and conclusions that require that SW Gaarde Street be constructed from Lot 52 to the northern edge of the subject parcel concurrent with Phase II of the subdivision. STAFF RECOMMENDATION Approve the attached Resolution and Final Order. INFORMATION SUMMARY After reviewing the Planning Commission's approval of the Vista Point Subdivision at a. public hearing on July 28, 1992, the City Council voted to require the developer of the Subdivision to extend and construct SW Gaarde Street beyond Lot 52. Staff was directed to prepare findings supporting that ,decision. The findings are included in the proposed final order (page 12). - - PROPOSED ALTERNATIVES 1. "Approve the attached Resolution and Final order. 2. Revise the findings and approve Resolution and revised Final Order. FISCAL NOTES Construction of the extension of SW Gaarde as a major collector was estimated at $250,000 by the developer. C . t 1 COUNCIL AGENDA ITEM 0- CITY OF TIGARD, OREGON Ewa COUNCIL AGENDA ITEM SUMMARY (LOCAL CONTRACT REVIEW BOARD) AGENDA OF: August 18, 1992 DATE SUBMITTED: August 5, 1992 } EMON ISSUE/AGENDA TITLE: Award of cont ct PREVIOUS ACTION: for Pathfinder Genesis Pathwa s i PREPARED BY: E4 4iAPPri~~~~o~• DEPT HEAD OK CITY ADMIN OK REQUESTED BY: ISSUE BEFO THE COUNCIL Shall the contract for the construction of the Pathfinder/Genesis Pathway project be awarded? STAFF RECOMMENDATION Award the contract to the lowest responsible bidder. The bid result and staff recommendation will be distributed August 13, 1992. i C INFORMATION SUMMARY This is a Park Levy project authorized by Council March 24, 1992. The project includes extending existing greenway paths to connect to SW Pathfinder Way at SW 107th Avenue and to SW Fairhaven Street. The bid opening is scheduled for August 12, 1992. Award of the contract is scheduled for August 18, 1992, to assure adequate time to complete the work during the current construction season. Results of the bid opening will be available on August 13, 1992, and will be mailed with the Council newsletter. PROPOSED ALTERNATIVES 1. Award the contract to the lowest responsible bidder. f 2. Reject all bids. i FISCAL NOTES C. I i e t Council Agenda Item 3o4(a) MEMORANDUM CITY OF TIGARD TO: Pat Reilly August 13, 1992 FROM: Randy Woole SUBJECT: Pathfinder/Genesis Path Bid Opening (Item 3.4a on Council agenda of August 18) Bids were opened on August 12, 1992. Three bids were received, as follows: Hoss Paving Inc., Hillsboro $87,233.00 Cassetta Const., Portland 96,721.95 Kerr Contractors, Tualatin 100,637.00 The engineer's estimate was $72,000. Bids were higher than the consultant's estimate. From discussions with bidders, it appears that the higher prices are due to the difficult access to the site. Re-bidding is not likely to yield lower prices. We recommend that this project proceed. The Pathfinder/Genesis pathway connection has a high priority in the pathway program. Additional funding needed for this project will be found within the park path program and other projects will be adjusted in scope as necessary. Engineering and Planning staff 'are updating cost estimates on all pathway projects; at the Council meeting we will be prepared to identify any revisions necessary in the scope of other projects. We recommend award of the Pathfinder/Genesis bid to the low bidder, Hoss Paving Inc. rw/path C-- COUNCIL AGENDA ITEM 3A b CITY OF TIGARD. OREGON COUNCIL AGENDA ITEM SUMMARY (LOCAL CONTRACT REVIEW BOARD) AGENDA OF: August 18, 1992 DATE SUBMITTED: ISSUE/AGENDA TITLE: Authorization PREVIOUS ACTION: award contract for Alfred Street Draina e CIP PREPARED BY: Greg Berrv DEPT HEAD OK AffZr-CITY ADMIN OK REQUESTED BY: ISSUE B THE COUNCIL Shall the Council award the contract for the construction of the Alfred Street Drainage Improvements? LRE Eno STAFF RECOMMENDATION That the Local Contract Review Board, by motion, award the contract to Kerr Contractors, Inc. INFORMATION SUMMARY The project includes storm drainage improvements at the intersection of S.W. C Alfred Street and S.W. 70th Avenue. The following bids were received: Kerr Contractors, Inc., Tualatin, OR $ 17,000.00 Marshall Assoc. Contractor, Inc., Tualatin, OR $ 19,130.00 i Engineers Estimate: $ 16,900.00 - PROPOSED ALTERNATIVES 1. Award the contract to the lowest responsible bidder. 2. Reject all bids. FISCAL NOTES C dj/GB:A1fredSt.SS E COUNCIL AGENDA ITEM 3, CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY NDA OF: August 11. 1992 DATE SUBMITTED: ~/10/92 ts U*E/AGENDA TITLE: Selection of PREVIOUS ACTION: Broker - McDonald House for Sale jji~ PREPARED BY: Wayne Lowlx 1 DEPT HEAD UK _ l:t1r Huiviini vK/ /1/ !1~ I HEQUE51 Eli 8-Y: ISSUE BEFORE THE COUNCIL Shall the City Council list the property at 8640 SW McDonald with a real estate broker? STAFF RECOMMENDATION Staff recommends appointing Linda L Eaton of Professionals 100 as broker. INFORMATION SUMMARY Procedures outlined in TMC 3.44.015 were followed for the sale of the McDonald property. Only one bid was received which was later found to be unacceptable due to the bidder's inability to qualify for financing. TMC 3.44.015H dictates that if no acceptable bids are received, the Council shall request proposals from real estate brokers for a six month listing. The following factors set forth In TMC 3.44.030 must be evaluated. Brokers record in selling this type of property and familiarity with Tigard area values. 2. Brokers proposed marketing plan and timelines. 3. Brokers commission. The following four realtors responded to the advertised RFP: 1. Stan Wiley Realtors 2. Oregon Realty Inc. 3. Lutz Snyder 4. Professionals 100 After reviewing the proposals we interviewed a representative from each firm. All proposals included a 7% commission rate and very similar marketing plans. In considering the experience of each realtor and their familiarity with the City, we i ecommend selection of Professionals 100, Linda L Eaton. PROPOSED ALTERNATIVES Approve staff's recommendation by appointing Linda L Eaton of Professionals 100 as broker. FISCAL NOTES Commissions and other closing costs will be subtracted from selling price at closing. I COUNCIL AGENDA ITEM CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY AvENVA CAE' : August 18, 1992 DATE SUBMITTED: ~ -!5 - fr- TQQTIL /T vW?Jn rPTTT E LT 1: ML. TEL. P T.IZ 1T/%TTCN T ^wT- u/a 1- • LV..Ll.11 VVL1110 V11 J=I Lwuo t11.11V1V. Sanitary Sewer Reimbursement Distri PREPARED BY: City Engineer DEPT HEAD OK CITY ADMIN OK REQUESTED BY: ISSUE BEFO THE COUNCIL Shall Resolution No. 92-27, forming the Edith Johnson Sanitary Sewer Reimbursement District, be amended? STAFF RECOMMENDATION One written appeal has been received to date. The appeal appears to be against the process for formation of reimbursement districts (TMC 13.08). No evidence has been submitted to suggest errors in the formation of the district nor in the way that costs were distributed to the properties within the district. The appellant may present additional arguments at the hearing. However, based on the information received to date, staff recommends that the Council affirm Resolution No. 92-27 as originally adopted. A simple motion to affirm is adequate. C In addition, staff recommends that Section 13.08 of the TMC (Tigard Municipal Code) be reviewed and that amendments to the process for formation of reimbursement districts be considered. It appears that a process to provide for a hearing prior to construction would be more satisfactory. If Council agrees, staff will prepare formal code revision language for Council consideration at a subsequent meeting. Any amendments to the TMC would affect formation of future reimbursement districts but would not affect the current hearing. INFORMATION SUMMARY The Edith Johnson Sanitary Sewer Reimbursement District was formed on June 9, 1992, by Resolution No. 92-27. In accordance with TMC 13.08, a copy of the adopted resolution was sent to each property owner along with a letter advising of the 60-day period during which property owners may request a hearing on the District formation. A letter has been received from Robert C. Lamb, an owner of property within the District, requesting a hearing. The letter was received within the required 60-day period. Property owners within the district have been notified of the hearing scheduled for August 18th. Copies of Mr. Lamb's letter and the formation resolution are attached. 1TMC 13.08 does not require any notice to property owners prior to passage of 'the formation resolution. In previous reimbursement districts, property owners have been advised of the proposed district formation at project meetings during the design phase of the project. However, in this small - district (involving only three lots) there was no rrc~2ct -«eeting and staff relied on the arplicw;~t to uscuss the proposed district with other property owners. While it has been our policy to advise property owners of a proposed u~.~.ivit, reimbursement district durina the informal Meeti nr.c r t ; vviaG 4-- ruC there is no legal requirement to do so. PROPOSED ALTERNATIVES 1. Affirm Resolution No. 92-27, by motion. 2. Direct staff to prepare a revised resolution. FISCAL NOTES rw/john-sum 4 .y I IM i d i Ms. Catherine Wheatley City Recorder City of Tigard 13125 SW Hall Blvd P.O. Box 233397 JUL 15 2502 f Tigard, Oregon 97223 Li Dear Ms. Wheatley This letter is response to your letter to me of June 12, 1992 identified as NOTICE OF ` FORMATION OF EDITH JOHNSON SANITARY SEWER REIMBI_TRSEIVIENT ` DISTRICT. I talked with Randy Wooley of your office expressing my displeasure with this action and the process by which this action was perpetrated. I was informed that I could appeal this action to the city council and urge that the action be reversed. This letter is my request for a hearing on this issue to proceed with that couse of action. This request relates to the City of Tigard, Oregon Resolution No, 92-27. Please schedule a time that I can meet with the city council so that this action as it regards the zone of benefit can be modified to exclude lot #11 . This is also written notice to the City of Tigard that I had no knowledge of this action as it affects my property til I recieved the June 12,1992 letter. i.e. I was told after the fact that an action had been taken. Sincerely Robert C. Iamb 9735 S.W. SMcDonald Tigard, Oregon 77224 r (503) 639-7205 i i i / CTTY OP TTnAPn_ 0Pr(_n q?uT`1.94 9ton County L/ ' v RESOLUTION NO. 92- Washin ' V A RESOLUTION ESTABLISHING THE EDITH JOHNSON SANITARY SEWER REIMBURSEMENT DISTRICT t i 2 i WHEREAS, sanitary sewer improvements have been constructed in SW McDonald Street extending a sewer line west from~SW 97th Avenue for a distance of approximately 205 feet; and, WHEREAS, all costs of said sewer construction have been paid by Edith Johnson; and, WHEREAS, formation of a zone of benefit has been requested by Edith Johnson; and, WHEREAS, the City Engineer has submitted a report describing the improvements, the zone of benefit, a methodology for spreading the cost among the parcels within the zone of bcnefit, and the recommended interest rate; and, WHEREAS, the City Council has determined that formation of a zone of benefit as recommended by the City Engineer is appropriate. NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council that: Section 1. The City Engineer's report titled "Edith Johnson Sanitary Sewer Reimbursement District", attached hereto as Exhibit A, is hereby approved. Section 2. A zone of benefit is hereby established in accordance with TMC Chapter 13.08. The zone of benefit shall be the area shown and" described on Exhibit B. The zone of benefit shall be known as the "Edith Johnson Sanitary Sewer Reimbursement District". Section 3. Payment of the recovery agreement connection charge as shown in Exhibit C is a precondition of receiving city permits applicable to development of each parcel within the zone of benefit as provided for in TMC 13.08.030. Section 4. An annual percentage rate of 4.5% shall be applied to the connection charge on the anniversary date- of the reimbursement agreement in accordance with TMC 13.08.020 (b) (5) . Section 5. The zone formation date is June 12, 1991. The right of reimbursement shall end on June 12, 2001, unless extended by the Council in accordance with TMC 13.08.020(b)(2). RESOLUTION NO. 92-~?j REIURN REQURDFD DOC[r-*Nr TO: t P a ae 1 CM' REMRDER, TIGARD 1_,(p PO BOX 23397 TIGARD OR 97223 i ..m.~P Elmo! II~'lI i~N Idlll~.xsw 7 •':~ection 6. The City Recorder shall cause a copy of this resolution to be filed in the office of the county recorder and shall mail a copy of this resolution to all affected property owners at their last known address, in accordance with TMC 13.08.020(f) and (g). i PASSED : This d y o iMn , 1992. i Mayor - City of Tigard ATTEST: City Recorder - City of Tig d rw/john-res S t Certified to be y Of Original on file 2C Mo. -7 By: City ~eWrder - City of 719ar Date: (oh a ( cf a RESOLUTION NO. 92-Q) i Page 2 2. C Exhibit A City Engineer's Report EDITH JOHNSON SANITARY SEWER REIMBURSEMENT DISTRICT Background In 1991, a sanitary sewer line was extended in SW McDonald Street to serve a property owned by Edith Johnson. The line was extended west from 97th Avenue for a distance of approximately 205 feet. The line can also serve two other lots along the north side of ,McDonald Street. Properties along the south side of McDonald Street were already served by a line in Elrose Street. The sewer line is complete and available for connection. Financing All costs of design and construction of the sewer extension were paid by Edith Johnson. She has requested that a reimbursement district be formed so that she will be reimbursed for a share of the costs of the sewer extension in the future as other properties are connected to the sewer. The sewer extension has provided sewer service to two adjacent properties, thereby relieving adjacent property owners of installing sewer improvements in the future. This has created a zone of benefit as defined in TMC 13.08.010(7). Zone of Benefit The zone of benefit is the three properties shown as the cross- hatched area on the attached map (Exhibit B). Lot 10 is the property of Edith Johnson. The zone formation date is June 12, 1991, which is the date that the project was accepted by the City as complete. .c It is recommended that the reimbursement district continue for ten years. After ten years, properties connecting to the sewer would no longer be required to pay the reimbursement fee, unless the time is extended by the Council as provided in TMC 13.08.020(b)(2). Cost The total cost of the sanitary sewer construction, including design and inspection costs, is $19,166.84. All of this cost has been paid by Edith Johnson. Reimbursement Rate The three lots served by the sewer extension are all zoned R-4.5, r which provides for single-family residential development and certain related uses. The lots are similar in area, ranging from 16,200 to 18,900 square feet. Under existing zoning, each of the ism C` lots could be subdivided into a maximum of two lots. Each lot is currently developed with one house. The project provided one sewer lateral to serve each lot. It appears that the three lots are served equally by the sewer improvement. Therefore, it is recommended that the reimbursement rate be set to distribute the cost equally among the three properties. Should any of the lots be subdivided in the future, the reimbursement share for that property would,be divided equally among the new lots created. Interest Rate TMC 13.08.020(b) (5) provides that an annual percentage rate shall be applied to the connection charge on the anniversary date of the reimbursement agreement. Mrs. Johnson indicates that she financed the improvements from personal savings. As a result, she is losing the interest that might accrue from a bank savings account. Currently, interest on long-term bank savings accounts is in the range of 4% to 50. Therefore, it is recommended that the interest rate be set at 4.5%. Recommendation It is recommended that a reimbursement district be formed with a zone of benefit, reimbursement rate and interest as indicated above. Submitted May 27, 1992 Randall R. Wooley City Engineer rw/john-rep i t NEE=___ All ~ I-d o ~ 13 } er ~ So.nltary Se ~ N AL-D N--'` ~ SW M~~~ .t o~ en ty X1411 Subdlvl5lan, Ilregan, e B Zone °f w akl County) S and 12 of ~ W o.sMtn9ton is 14, eCards ° co ~ of tt C0~5~5t5 °k~22 the Plat r TMe -zone ° ~Oen a~ page 31 of Boo s re°°raed EXHIBIT C Connection Charges The connection charges for the lots within the zone of benefit shall be as follows: r Lot 10* $6,388.96 Lot 11 6,388.94 Lot 12 6,388.94 Total $19,166.84 *Lot 10 is the property of the applicant who financed the sewer improvements. Therefore, the cost share for Lot 10 has already been paid and no additional connection charge will be collected from Lot 10. rw/john-exd s STATE OF OREGON County of Washington SS { Z 1, Jerry R. Hans D1 for of Assessment and Taxation a order of Con- veyances f a' c that the 9 ,d by certify rUpren ting was received e I said cou .r p cords of d ~ ~ rkJa ~ ~Oi for of 2sca n, Ex- s kA ' lid r yCf~ ~ _ ~ pQ4~' ti GOjj i Doc 92045949 Rect: 80496 38.00 07/02/1992 02:10:17pM i~ Bill to The City of Tigard Whereas, The City of Tigard passed Resolution No. 92-27 Whereas, A zone of benefit was established in accordance with TMC Chapter 13.08, and the zone of benefit included lot number 11 as shown in exhibit B of 92-27 and further a payment of the recovery agreement connection charge as shown in exhibit C in s the amount of $5388.94 and further, that an annual percentage rate of 4.5% would be applied to the connection charge. s Whereas, Robert C. Lamb was not notified at all prior to the formation of this Zone of benefit and had no opportunity whatsoever to comment as to its benefits or detriment. I Whereas, as a result of the formation of this Zone of benefit, Robert C. Lamb had to devote significant time and effort to follow through on the understanding of and the subsequent attempts to reverse the decision of the City Council regarding Lot 11 inclusion in the zone of benefit. I a Now, THEREFORE, THE CITY OF TIGARD IS PRESENTED WITH THIS BILL: For time expended and mental stress sufferred because of this action an amount of $5388.94. The interest on this amount to accrue at the rate of 4.5% annually. THIS OBLIGATION WILL BE CONSIDERED SATISFIED WHEN PAID IN FULL OR IN EXCHANGE FOR REMOVING LOT 11 FROM 92-27 WHICHEVER OCCURS FIRST, BUT IS CONSIDERED DUE AND PAYABLE ON AUGUST 18,1992. f. "S 7 Signe Robert C. Lamb 9 NOW jill COUNCIL AGENDA ITEM CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF: August 18. 1992 DATE SUBMITTED: July 28-1992 ISSUE/AGENDA TITLE: CPA 92-0004 Z A PREVIOUS ACTION: None 92-0002 Scholls Ferr PREPARED BY: John Acker DEPT HEAD 0 CITY ADMIN OK REQUESTED BY: t ISSUE EFORE THE COUNCIL Should the City amend the Comprehensive Plan Transportation Map to change the designation of Scholls Ferry Road between its intersections with Old Scholls Ferry Road from arterial to major collector. If this designation is changed, there should also be a change to the Community Development Code Section 18.96.020, Additional Setback Requirements and Expectations, in which roads are identified by name and designation. STAFF RECOMMENDATION umm It is recommended that City Council approve the proposed amendment which will make Tigard's designation of the section of road consistent with the Washington County and Beaverton functional classification. C INFORMATION SUMMARY The re-designation of this portion of Scholls Ferry Road would make Tigard's Comprehensive Plan Transportation Map consistent with Washington County and Beaverton. This road segment is presently a county road located in northwest Tigard, Beaverton and unincorporated Washington County. This inconsistency was noticed by NPO #7 which suggested that the situation be rectified. Old Scholls Ferry Road now functions as the "through" road. There are presently intersection improvements that will assure that Old Scholls Ferry Road will continue to function as an arterial while traffic will be reduced on the Scholls Ferry segment . At their July 20, 1992 meeting, the Planning Commission unanimously voted to recommend that the City Council approve this proposal. PROPOSED ALTERNATIVES None FISCAL NOTES No fiscal impacts. jA/can9.n4.surn gem STAFF REPORT AUGUST 18, 1992 - 7:30 TIGARD CITY COUNCIL i TIGARD CITY HALL - TOWN HALL 13125 S.W. HALL BOULEVARD ' TIGARD, OREGON 4 a a A. FACTS 1. General Information CASE: Comprehensive Plan Amendment CPA 92-0004 Zone Ordinance Amendment ZOA 92-0002 REQUEST: An amendment to the Comprehensive Plan Transportation Map. I The designation of Scholls Ferry Road between its intersections with Old Scholls Ferry Road would be changed from arterial to major collector. Approval of this proposal will make Tigard's Comprehensive Plan Transportation Map designation for this segment of Scholls Ferry Road consistent with the Washington County Transportation Plan Functional Classification System and the Beaverton Functional Classification System designations. Also proposed is an amendment to the Community Development Code Section 18.96.020, Additional Setback Requirements and Exceptions, to reflect the change in designation of Scholls Ferry Road between its intersections with Old Scholls Ferry Road from arterial to major collector. COMPREHENSIVE PLAN DESIGNATION: Scholls Ferry Road between its intersections with Old Scholls Ferry Road is designated arterial on the Comprehensive Plan Transportation Map. i d ZONING DESIGNATION: The area adjacent to where transportation amendments would occur includes Residential at maximum densities of 25, 15, 12 and 9 units per acre, plus a small area designated for Neighborhood Commercial. APPLICANT: City of Tigard, Planning Department 13125 S.W. Hall Boulevard i Tigard, Oregon 97223 ~~Trxx T., nvrOnT _ CPA oo _ OOni. °^'*OLLS FERRY ROAD PAGE 1 mom t f S f 5 i ii OEM& i it LOCATION: The segment of Scholls Ferry Road that is the subject of this application is partially in the extreme northwest portion of Tigard, in Beaverton and in unincorporated Washington County. 2. Background Information The portion of Scholls Ferry Road between its intersections with Old Scholls Ferry Road was designated as arterial when Tigard's Comprehensive Plan was adopted in 1983. The Washington County Transportation Plan for East Washington County assigns a functional classification to this segment of Scholls Ferry Road of major collector. Because it is intended that Tigard' s classification be consistent with that of Washington County' s, it was discovered that a mistake was made in this designation and that this road segment should have been designated major collector. ;j The intersections of Old Scholls Ferry Road and Scholls Ferry Road are also being re-constructed so that Old Scholls Ferry Road will function as a through road while reducing traffic on the Scholls Ferry segment. 3. Vicinity Information The portion of Scholls Ferry Road subject to the proposed functional classification change forms the extreme northwest border of Tigard with Beaverton and Washington County with a majority of the road section wholly within Washington County. 4. Proposal Information It is the intent of Tigard to designate road classifications in conformance with Washington County, particularly where roads are presently in Washington County. When Tigard's Comprehensive Plan was adopted in 1983, the City applied the designation of arterial to the portion of Scholls Ferry Road between its intersections with Old Scholls Ferry Road. Recently NPO #7 suggested that this inconsistency be rectified. The City Planning Department agrees with this position and initiated this amendment. This proposal seeks to correct an error that was made when the Comprehensive Plan was adopted in 1983. Adoption of the proposed amendment would make Tigard's Comprehensive Plan Transportation Map designation for Scholls Ferry Road between its intersections with old Scholls Ferry Road consistent with the designation applied by Washington County and Beaverton. This proposal also addresses changing circumstances in that intersection improvements in the area will reduce the amount of traffic on the segment of Scholls Ferry Road between the intersections of Old Scholls Ferry Road. STAFF REPORT - CPA 92-0004 - SCHOLLS FERRY ROAD PACE 2 S 7 t 2511 V1,11:11; 5. Comments The City of Beaverton Transportation Division has reviewed the proposal and has no objection to it. They further state that Beaverton has already made this functional classification designation change in its Comprehensive Plan Transportation Element. Telephone conversations with Washington County and Oregon Department of Transportation revealed no objections to the proposal. The Engineering Department has no objection to the proposal. No other written comments had been received at the time this report was written. B. FINDINGS AND CONCLUSION The relevant criteria in this case are Statewide Planning Goals 1, 2, 12, and City of Tigard Comprehensive Plan policies 1.1.1 a., 2.1.1, 8.1.2, and applicable Community Development Code sections related to legislative plan amendments. Staff concludes that the proposal is consistent with the applicable Statewide Goals based on the following findings: 1. Goal 1, Citizen Involvement, is met because the City has an adopted citizen involvement program which includes review of land use applications by neighborhood planning organizations. In addition, this proposal will be reviewed in public hearings by the Planning Commission and by the City Council for which proper notification is publicized. 2. Goal 2, Land Use Planning, is met because the City has applied all relevant Statewide Planning Goals, City Comprehensive Plan policies, and Community Development Code requirements in the review of this proposal, 3. Goal 12, Transportation, is met because the City has adopted policies related to improving the transportation network and continuing coordination of transportation improvements with other involved agencies. Staff concludes that the proposal is consistent with the City's acknowledged Comprehensive Plan based on the following findings: 1. Policy 1.1.1 a. is satisfied because the change in designation of Scholls Ferry Road between its intersections with Old Scholls Ferry Road corrects a mistake and therefore will not affect compliance of the City's acknowledged Plan with the Statewide Goals. 2. Policy 2.1.1 is satisfied because Neighborhood Planning Organization J/7 Jim= have been notified of the hearing and have been give the opportunity to comment on the proposal. In addition, there will be a minimum of two public hearings which will posted at City Hall and be advertised in a Y STAFF REPORT - CPA 92-0004 - SCHOLLS FERRY ROAD PAGE 3 't Jill 10 12 I 1 i a local newspaper prior to each hearing. 3. Policy 8.1.2 is satisfied because the proposed amendments to the Comprehensive Plan Transportation Map are for the purpose of establishing a consistent designation with Washington County. In addition, other agencies and ,jurisdictions, including Washington County, Metro and Beaverton, have been notified and given the opportunity to comment on the proposal. 1 D. RECOMMENDATION Based on the findings and conclusions stated above, it is recommended that the City Council adopt the attached ordinance approving Comprehensive Plan Amendment 92-0004 and Zone Ordinance Amendment 92-0002. Prepared by: John Acker, Associate Planner Date i AWL Ja/CPA91.02 } i 1 j STAFF REPORT - CPA 92-0004 - SCHOLLS FERRY ROAD PAGE 4 s ii a J1111 11 111111111111111111111 _ . 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