City Council Packet - 01/26/1993AGENDA
i A
COF TIGARD
OREGON
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 confacung 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 items can be heard in any
order after 7:30 p.m.
(6:30 p.m.)
• STUDY SESSION
(7:30 p.m.)
1. BUSINESS MEETING
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 p.m.)
2. VISITOR'S AGENDA (Two Minutes or Less, Please)
(7:45 p.m.)
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: January 5, 1993
3.2 Approve Resolution Allowing Tualatin Valley Fire and Rescue (IVFR) District to Update
Their Codes (TVFR Ordinance No. 92-01) - Resolution No. 93-_b-,)-
C_
COUNCIL AGENDA - JANUARY 25, 1993 - PAGE 1
(7:55 p.m.)
F-U sLiG HEARING - ZONE CHANGE ANNEXATION ZCA 92-0007 MUELLER (NPO 3) - A
request to annex three parcels consisting of 0.34, 1.22 and 0.38 acres to the City of Tigard- and
t,. ;ange the zone from Washington County R-6 (Residential, 6 units/acre) to City of Tigard R-
4.5 (Residential, 4.5 units/acre). Location: South side of S.W. Walnut Street and east of the
intersection of S.W. 132nd Avenue and Walnut Street.
• Open Public Hearing
• Declarations or Challenges
• Staff Report - Community Development
• Public Testimony
Proponents
Opponents
Rebuttal
• Council Questions/Comments
• Staff Recommendation
• Public Hearing Closed
• Council Consideration: Resolution No. 93- g3 and Ordinance No. 93--o-i
(8:20 p.m.)
5. PUBLIC HEARING - VACATION OF A PORTION OF S.W. GONZAGA STREET - Consideration
of a proposed vacation of a portion of S.W. Gonzaga Street, between the intersection of S.W.
Gonzaga Street and S.W. 68th Avenue, and continuing east to the terminus of S.W. Gonzaga
Street. The request was initiated by the City Council on December 8, 1992 on behalf of Mr. Don
Pollock.
• Open Public Hearing
• Declarations or Challenges
• Staff Report - Community Development
• Public Testimony
Proponents
Opponents
Rebuttal
• Council Questions/Comments
• Staff Recommendation
• Public Hearing Closed
• Council Consideration: Ordinance No. 93- 02-
COUNCIL AGENDA - JANUARY 26, 1993 - PAGE 2
(8:45 p.m.) _
6. PUBLIC HEARING - VACATION OF A PORTION OF S. . ~siivALL S 1nEc - i;unSldaraidon
of a proposed vacation of a portion of S.W. Duvall Street between the intersection of S.W. Duvall
Street and 72nd Avenue and continuing to the western terminus of S.W. Duvall Street. The
re quest was initiated by the City Council on December 8, 1992 on behalf of Mr. Gordon Davis.
• Open Public Hearing
• Declarations or Challenges
• Staff Report - Community Development
• Public Testimony
Proponents
Opponents
Rebuttal
• Council Questions/Comments
• Staff Recommendation
• Public Hearing Closed
• Council Consideration: Ordinance No. 93--L5-
(9:10 p.m.)
7. COUNCIL CONSIDERATION OF ORDINANCE TO ADOPT THE 1991 UNIFORM BUILDING
CODE (UBC) - ORDINANCE NO. 93-
0 Staff Report and Recommendation: Community Development Director
(9:20 p.m.)
8. COUNCIL CONSIDERATION OF ORDINANCES APPROVING FRANCHISE AGREEMENTS:
8.1 GTE Northwest - Ordinance No. 937_
8.2 Electric Lightwave - Ordinance No. 93- o5
• Staff Report and Recommendation: Finance Director
(9:40 p.m.)
9. NON-AGENDA ITEMS
(9:45 p.m.)
10. EXECUTIVE SESSION: The Tigard City Council
provisions of ORS 192.660 (1) (d), (e), & (h)
transactions, current and pending litigation issues.
(10:00 p.m.)
11. ADJOURNMENT
=0126.93
will go into Executive Session under the
to discuss labor relations, real property
COUNCIL AGENDA - JANUARY 26, 1993 - PAGE 3
Council Agenda Item 3.1
T I G A R D C I T Y C 0 U N C I L
MEETING MINUTES - JANUARY 26, 1993
• Meeting was called to order at 6:30 by Mayor Edwards.
1. ROLL CALL
Council Present: Mayor Jerry Edwards; Councilors Judy
Fessler, Wendi Hawley, Paul Hunt, and John Schwartz. Staff
Present: Patrick Reilly, City Administrator; Ed Murphy,
Community Development Director; Liz Newton, Community
Relations Coordinator; Michael Robinson, Legal Counsel
(arrived at 7:30 p.m.); Catherine Wheatley, City Recorder; and
Randy Wooley, City Engineer.
STUDY SESSION
Street Capital Improvement Projects:
City Engineer Wooley facilitated discussion on list of
projects to be funded under the Streets Capital Improvement
Program as recommended by the Transportation Advisory
Committee. This was reviewed by council at their 12/22/92
meeting.
After discussion Council consensus was to accept the
recommendation and approve the following safety projects for
funding (formal action was taken during "Non Agenda"):
Bonita Road regrading $130,000
79th Avenue shoulder walkway 7,000
96th Avenue sidewalk _53.000
Total $190,000
The projects will be funded under the Streets CIP using gas
tax revenues. The budget of $190,000 is from project savings
in the current fiscal year. The savings come from deletion of
the Main Street project and from savings on other projects.
24-Hour Records Operation - Police Department
Chief of Police Goodpaster reported that with upcoming changes
in technology (i.e., lap top computers in cars to receive,
send and store information) and staffing adjustments since the
departure of the dispatch function in the Police Department,
the 24-hour records operation should be evaluated over the
next year. Tigard is rather unique with the round-the-clock
coverage for a City of this size and when considering that
dispatcJ11,Ling is not done here.
CITY COUNCIL MEETING MINUTES - JANUARY 26, 1993 - PAGE 1
22'-er discussion, council consensus was that no changes would
be implemented at this t_-me; ho.;eyAr; once circumstances have
changed (i.e., additional staff vacancies and/or raw
technology installed and working satisfactorily) the 24-hour
staffing in Records would be reviewed. In order to make a
decision, Council will need cost information/comparisons,
including the dollar amount for a remodel of the Police
Department entrance. In addition, impact to other police
department personnel would be an important consideration.
BUSINESS MEETING
2. VISITOR'S AGENDA: Mayor Edwards welcomed several students
from the Westside Christian Church who came to observe the
Council proceedings.
3. CONSENT AGENDA: Motion by Councilor Fessler, seconded by
Councilor Schwartz to approve the Consent Agenda as follows:
3.1 Approve Council Minutes: January 5, 1993
3.2 Approve Resolution Allowing Tualatin Valley Fire and
Rescue (TVFR) District to Update Their Codes (TVFR
Ordinance No. 92-01) - Resolution No. 93-02
Motion was approved by a unanimous vote of. Council present.
4. PUBLIC HEARING - ZONE CHANGE ANNEXATION ZCA 92-0007 MUELLER
(NPO 3) - A request to annex three parcels consisting of 0.34,
1.22 and 0.38 acres to the City of Tigard and to change the
zone from Washington County R-6 (Residential, 6 units/acre) to
City of Tigard R-4.5 (Residential, 4.5 units/acre). Location:
South side of S.W. Walnut Street and east of the intersection
of S.W. 132nd Avenue and Walnut Street.
a. Public hearing was opened.
b. There were no declarations or challenges.
C. Community Development Director summarized the Staff
Report as submitted in the Council packet.
d. Public Testimony:
Rosemary Shrauger, 13030 S.W. Walnut Street,
Tigard, OR testified that she was concerned with
protection of privacy to her property when the
property to be annexed is developed. (See packet
for letter from Mrs. Shrauger dated January 26,
1993.) She advised she was not opposed the request
for the annexation.
e. Community Development Director advised that the staff
recommendation was for approval of the request.
CITY COUNCIL MEETING MINUTES - JANUARY 26, 1993 - PAGE 2
f. Council comments: Each council member noted they
supported the staff recommendation. Several Councilors
mentioned the fact that the subject property was within
the Walnut area which would have been part of a double
majority annexation effort later this year= however,
Council noted that, in fairness to the property owner,
this annexation should go forward without further delay.
g. Public hearing was closed.
h. RESOLUTION NO. 93-03 - A RESOLUTION INITIATING ANNEXATION
TO THE CITY OF TIGARD OF THE TERRITORY AS OUTLINED IN
EXHIBI'T' "A" AND DESCRIBED IN EXHIBIT "B" ATTACHED (ZCA
92-0007) (MUELLER)
i. Motion by Councilor Hunt, seconded by Councilor Hawley,
to adopt Resolution No. 93-03.
The motion was approved by a unanimous vote of Council
present.
j. ORDINANCE NO. 93-01 - AN ORDINANCE ADOPTING FINDINGS AND
CONCLUSIONS TO APPROVE A ZONE CHANGE (ZCA 92-0007)
(MUELLER) AND DECLARING AN EFFECTIVE DATE
k. Motion by Councilor Hawley, seconded by Councilor
Fessler, to adopt Ordinance No. 93-01.
The motion was approved by a unanimous vote of Council
present.
5. PUBLIC HEARING - VACATION OF A PORTION OF S.W. GONZAGA STREET
-Consideration of a proposed vacation of a portion of S.W.
Gonzaga Street, between the intersection of S.W. Gonzaga
Street and S.W. 68th Avenue, and continuing east to the
terminus of S.W. Gonzaga Street. The request was initiated by
the City Council on December 8, 1992 on behalf of Mr. Don
Pollock.
a. Public hearing was opened.
b. There were no declarations or challenges.
C. Community Development Director summarized the Staff
Report as submitted in the Council packet.
d. Public Testimony:
• Mr. Douglas Pollock, 360 S.E. Edwards Street,
Dundee, Oregon advised he was available to answer
any questions by Council.
C CITY COUNCIL MEETING MINUTES - JANUARY 26, 1993 - PAGE 3
( There was brief discussion about an earlier
vacation request by Mr. Jerry Casch which had not
been completed. Mr. Murphy responded to questions
about fees noting that Mr. Pollock had paid the
required fees and Mr. Casch had received a refund.
e. Staff recommended approval.
f. Public hearing was closed.
g. ORDINANCE NO. 93-02 - AN ORDINANCE ADOPTING FINDINGS AND
CONCLUSIONS TO APPROVE A ZONE CHANGE (ZCA 92-0007)
(MUELLER) AND DECLARING AN EFFECTIVE DATE.
h. Motion by Councilor Fessler, seconded by Councilor
Hawley, to adopt Ordinance No. 92-02.
The motion was approved by a unanimous vote of Council
present.
6. PUBLIC HEARING - VACATION OF A PORTION OF S.W. DUVALL STREET -
Consideration of a proposed vacation of a portion of S.W.
Duvall Street between the intersection of S.W. Duvall Street
and 72nd Avenue and continuing to the western terminus of S.W.
Duvall Street. The request was initiated by the City Council
on December 8, 1992 on behalf of Mr. Gordon Davis.
a. Public hearing was opened.
b. There were no declarations or challenges.
C. Community Development Director summarized the Staff
Report as submitted in the Council packet.
d. Public Testimony: None.
e. Council Comments/Questions:
In response to a question from Councilor Hunt, Community
Development Director Murphy responded that development of
the subject property would not occur until the Dartmouth
Street extension was completed.
f. Public hearing was closed.
g. ORDINANCE NO. 93-03 - AN ORDINANCE CONCERNING THE
VACATION OF A PORTION OF SW DUVALL STREET, LOCATED WEST
OF SW 72ND AVENUE, IN THE CITY OF TIGARD, WASHINGTON
COUNTY, OREGON.
CITY COUNCIL MEETING MINUTES - JANUARY 26, 1993 - PAGE 4
h. Motion by Councilor Schwartz, seconded by Councilor Hunt,
to adopt Ordinance No. 93-03.
Motion was approved by a unanimous vote of Council
Present
7. COUNCIL CONSIDERATION OF ORDINANCE TO ADOPT THE 1991 UNIFORM
BUILDING CODE (UBC)
a. Community Development Director Murphy reviewed the staff
report. There was brief discussion on the provisions of
the ordinance. Most items are mandated by the State;
there were some discretionary components contained in the
ordinance and were noted by Mr. Murphy.
b. ORDINANCE NO. 93-04 - AN ORDINANCE AMENDING CERTAIN
SECTIONS OF TITLE 14 OF THE TIGARD MUNICIPAL CODE AND
ADOPTING THE STATE BUILDING CODE AND DECLARING AN
EMERGENCY.
Motion by Councilor Hawley, seconded by Councilor
Fessler, to adopt Ordinance No. 93-04.
The motion was approved by a unanimous vote of Council
present.
8. COUNCIL CONSID;:;RATION OF ORDINANCES APPROVING FRANCHISE
AGREEMENTS :
8.1 GTE Northwest (This item was pulled from the agenda.
Staff will be meeting with GTE representatives to discuss
concerns GTE has with the agreement.
8.2 Electric Lightwave
a. Finance Director Lowry reviewed the staff report.
In response to a comment from Councilor Hawley, Mr.
Lowry noted that franchise fee would be collectible
when communication was an "end point" in Tigard;
franchise fees would not be collected for "through
traffic."
The Metropolitan Area Communications Commission
reviewed the contract; they had no significant
comments.
b. ORDINANCE NO. 93-05 - AN ORDINANCE GRANTING TO
ELECTRIC LIGHTWAVE, INC., A DELAWARE CORPORATION,
THE RIGHT AND PRIVILEGE TO CONDUCT A COMPETITIVE
TELECOMMUNICATIONS BUSINESS WITHIN THE CITY OF
TIGARD, AND TO PLACE, ERECT, LAY, MAINTAIN, AND
OPERATE IN, UPON. OVER, AND UNDER THE STREETS
ALLEYS, ROADS, AND PUBLIC PLACES, POLES, WIRES, AND
OTHER APPLIANCES FOR COMMUNICATION PURPOSES WITHIN
THE CITY OF TIGARD.
CITY COUNCIL MEETING MINUTES - JANUARY 26, 1993 - PAGE 5
C. Motion by Councilor Hawley, seconded by Councilor
Hunt, to adopt Ordinance No. 93-05.
The motion was approved by a unanimous vote of
Council present.
9. NON-AGENDA ITEMS
9.1 Consideration of Resolution affirming the affirming the
appointment of Councilor Fessler to the Metro Policy
Advisory Committee (MPAC)
a. City Administrator Reilly briefly summarized the
proposed resolution presented for Council
consideration. He noted the importance of the
responsibilities accompanying the appointment as
the Metro Home Rule Charter is implemented.
b. RESOLUTION NO. 93-04 - A RESOLUTION AFFIRMING THE
APPOINTMENT OF TIGARD COUNCILOR JUDY FESSLER AS
REPRESENTATIVE TO THE METRO POLICY ADVISORY
COMMITTEE (MPAC) WHO HAS BEEN DULY APPOINTED
JOINTLY BY THE GOVERNING BODIES OF CITIES WITHIN
TERRITORY IN THE METRO AREA IN WASHINGTON COUNTY
OTHER THAN THE CITY IN WASHINGTON COUNTY WITH THE
LARGEST POPULATION (BEAVERTON) [METRO CHARTER
SECTION 27 (1) (g)] AND NAMING AN ALTERNATE
C. Motion by Councilor Hunt, seconded by Councilor
Hawley, to adopt Resolution No. 93-04
The motion was approved by a unanimous vote of
Council present.
9.2 Council considered the Streets CIP list as discussed in
Study Session.
a. Motion by Councilor Schwartz, seconded by Councilor
Hunt, to approve the following projects to be
funded under the Streets Capital Improvement
Projects using gas tax revenues and project savings
in the current fiscal year:
Bonita Road regrading $130,000
79th Avenue shoulder walkway 7,000
96th Avenue sidewalk 53.000
Total $190,000
The motion was approved by a unanimous vote of
Council present.
CITY COUNCIL MEETING MINUTES - JANUARY 26, 1993 - PAGE 6
i
10. EXECUTIVE SESSION: Cancelled.
11,. ADJOURNMENT: 8:12 p.m.
leco AtteCatherine Wheatley, City
/ 1 er
i~
yfayor, Cit'y'of Tigard
Date:
=0126.93
`
CITY COUNCIL MEETING MINUTES - 1993 - PAGE 7
JANUARY 26,
COMMUNITY NEWSPAPERS, INC. Legal
P.O. BOX 370 PHONE (503) 684-0360 Notic.Tr 7425
'G BEAVERTON. OREGON 97075
•
•
Legal Notice Advertising
•
• ❑ Tearsheet
❑ Duplicate Afl
AFFIDAVIT OF PUBLICATION
STATE OF OREGON, )
COUNTY OF WASHINGTON, )ss'
I, .udith Koehler
being first duly sworn, depose and as that I m the Advertising
Director, or his principal clerk, of the ~garc Times
a newspaper of general circulation as gfined in ORS 193.010
and 193.020; published at in the
aforesaid ~oun and slate• th)T the
NnticP Public Rig o WWav fonzaga Street
a printed copy of which is hereto annexed, was published in the
entire issue of said newspaper for Two successive and
consecutive in the following issues:
Subscribed and swo to before me this 14th of January 1993
i
Notary Public for Oregon
My Commission Expires: 40 2
AFFIDAVIT /
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CityCof tAgard
PO Box 23397
Tigard, Or 97223
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P.O. BOX 370 PHONE (503) 684-0360
BEAVERTON, OREGON 97075
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° City of Tigard ° ❑ Tearsheet h
P O Box 23397 R E C E I V E D • Tgiard, Or. 97223 ° 13 Duplicate Al
FEB - 2 1999 °
CM OF 71GARD
AFFIDAVIT OF PUBLICATION
STATE OF OREGON, )
COUNTY OF WASHINGTON, )as'
I, Judith Koehler
~Icla4 Legal
being first duly sworn, depose and say thatt I a~imeAdvertising
Director, or his principal clerk, of the ga ,
a newspaper of general circulation as defined in ORS 193.010
and 193.020; published at Ti gard in the
9foresaid county ansl state; that the
iotice/gight of Way--Duvall St.
a printed copy of which is hereto annexed, was published in the
entire issue of said newspaper for Two successive and
consecutive in the following issues:
January 7, 14, 1993
Notice TT 7426
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(7 V Notary Public for Oregon
My Commissio xpires: ~y 2
AFFIDAVIT
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L.viv11v11U N11 T NEWS IPArCRS,
INC.
Legal
NotlceZT 7437
P.O. BOX 370 PHONE (503) 684.0360
P.O
BEAVERTON. OREGON 97075
Legal Notice Advertieing
The following meeting highlights arepubliShedfoiyourinfonne>io
agendas may be obtained from the City Recorder, 13125'S !x► !1
s • ❑ Tearsheet Notice
Boulevard, Tigard, Oregon 97223,orbycalling 639.4171
City of Tigard
e PO Box 23397 c • ❑ Duplicate Affidavil
Tigard, or 97223 { ! E G
SS 1r1EETING
JANUARY Y CM y COUNCIL 26-1903
RD CITY HALL -TOWN HALL
TIGA
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F~ 2 191:
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14125 S.W. HALL BOULEVARD, TIGARD OREGON
'
Study Meeting (Town Hall Conference Room) (6:30 P.M.)
.
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Business Meeting (Town Hall) 0:30 P.M.)
AFFIDAVIT OF PUBLICATION
Public Hearings:'
STATE OF OREGON, )
COUNTY OF WASHINGTON. )ss'
• Annexation _ Mueller (ZCA 92-0007) -Location: S: uth side of ,
Judith Koehler
S.W. Walnut Street and east of the intersection of S.W. 132nd
Avenue and Walnut Street
f
being first duly sworn, depose ands tghaat ~Advertising
s
c
Street Vacation - A portion of S.W. Duvail Street (Mr.. Gardon
•
lerk, of the
Director, or his principal
Davis)
a newspaper of general circulatjon as defined in ORS 193.010
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a Street Vacation - A portion of S.W. Gonzaga Street (Mr. Don"Pbl-.
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in the
and 193.020; published at
lock)
afores id cougty nd nes that t a
ouncii ~us iotate;
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• Ord ances for Consideration
y
- Franchise Agreements: GTE, PGE, and Electric Lightwave
a printed copy of which is hereto annexed, was published in the
- Update Title 14-"Buildings and Construction"
entire issue of said newspaper for One successive and
Local Contract Review Board Meeting
consecutive in the following issues:
1993
21
Executive Session: The Tigard City Council may go into Executive Ses-
& (h) to discuss
(e)
rovisions of ORS 192
660 (1) (d)
r th
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,
January
,
.
,
on un
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labor relations, real property transactions, current and pending litigation
issues.
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.
M437 - Publish January 21, 1993.
Subscribed and swo to before me this 21st day of January 1993
Notary Public for Oregon
My Commi n Expire
AFFIDAVIT
-
COMMUNITY NEWSPAPERS, INC. Legal TT 7430
P.O. BOX 370 PHONE (503) 684.0360 Not,,.
BEAVERTON, OREGON 97075
Legal Notice Advertising The following will be considered by the Tigard City Conucil'oq Iti, , I
City of Tigard R E C E I V F C
PO Box 23397 °
Tigard, Or 97223 FFR 2 199; °
-11'•e OF TIGAkG
AFFIDAVIT OF PUBLICATION
AW,1993, at •°.,O P'S ~t Tim c Center: Town H-0112 .1319
❑ Tearsheat I SW, Hall Boulevard. Tiaard. Oregon. Further information maY be ob=
Mined from the Community Development Director or City Recorder at the
❑ Duplicate A saute location or by calling 6391171. You are invited to submit written
testimony in advance of thepublic hearing; written and oral testimony
will be considered at the hearing. The public hearing will be conducted in
accordance with the applicable Chapter 18.32 of the.Tigard Municipal
Code and any rules of procedure adopted by the,Council and available at
City Hall.
ZONE CHA NG ANNEXATION ZCA 92MM MUELLER (NPO f)3)
A request to annex three parcels consisting of 0.34, 1.2Z and 038 acres to
the City of Tigard and to change the zone from Washington County R-6
STATE OF OREGON, ) (R al
COUNTY OF WASHINGTON, )ss.
I, Judith Koehler
being first duly sworn, depose and say that I am the Advertising
Director, or his principal clerk, of the~ggrej Times
a newspaper of general circulation f,,d o d in ORS 193.010
and 193.020; published at ~SXX 1 in the
aforesaid county and state; that the
Public Hearing~ZCA99-0007 zone change
a printed copy of which is hereto annexed, was published in the
entire issue of said newspaper for One successive and
consecutive in the following issues:
January 14, 1993
(Residential, 6 units/acre) to City of Tigard R-4,5 esrdenti 4.5,
units/acre)). APPLICABLE REVIEW CRITERIA: Comprehensive Plan
Policies 10.1.1, Com-..
munity Development Code Chapters.18.32.020, 18.32.040,18.32.130„
18.136.18.38, and 18.138.020 (A) (B): LOCATION: South side of S.W.
Walnut Street and east of the intersection of S.W.132nd Avenue and Wal-
nut Street (WCTM 2S2 4AD, tax lots 3000, 3100, and 3101). 2 Q
R-4.5 (Residential, 4.5 units/acre). The R-4.5 zone allows single family'
residential units, public support facilities, residential treatmentbomes,
farming, manufactured homes, family day care, home occupations. Lem
poetry uses, and accessory structures among other uses.
M430-Publish January 14, 1993.
- -
j
Subscribed and sw to before me thisl4 h y of januarv 1993
/ Notary Public for Oregon
My Commis n Expir
AFFIDAVIT
C®MMllEV1 0 Y eVCYV711hrcnv~
P.O. BOX 370 PHONE (W3) 684.0360
NOtlce Tr 7452
BEAVERTON, OREGON 97075
Le64144o11U Rdvertising
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City of Tigard `CI TearsheetNo
PO Box 23397
• Tigard, Or 97223 CITY UF. T11;6P-q3 Duplicate Affl
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AFFIDAVIT OF PUBLICATION
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STATE OF OREGON, )
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a newspaper of general circulation as defined in ORS 193.010
and 193
020;
ublished at Tigard
pp.
.
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in the
aforesaid county and state; that the
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fi
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,on Notice
a printed copy of which is hereto annexed, was published in the
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entire issue of said newspaper for-Otte successive and
H
consecutive in the following issues:
a
February 11, 1993
Subscribed ajswo to before m e thiallth day of February 1993
Notary Public for Oregon
My Commissis: / G
AFFIDAVIT 7 ~7
i
AGENDA ITEM NO. 2 - VISITOR'S AGENDA ~
(Limited to 2 minutes or less, please)
DATE: January 26. 993
se Ginn on the appropriate sheet for listed agenda items. The Council wishes to hear from you on
D1e-MV v
1 IV
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. Thad: L;-
STAFF
NAME & ADDRESS TOPIC CONTACTED
ogm o v=s=tors.s t
/ e
Depending on the number of person wishing to testify, the Chair of the Council may limit the, ~mCo'unt
of time each person has to speak. We ask you to limit your oral comments to 3 - 51, H o It . Th heir Iwo
may further limit time if necessary. Written comments are always appreciated by the Council to
supplement oral testimony.
AGENDA.ITEM NO. 4 r DATE: January 26, 1993 1
PUBLIC HEARING - ZONE CHANGE ANNEXATION ZCA 92-0007 MUELLER (NPO 3) - A request
to annex three parcels consisting of 0.34, 1.22 and 0.38 acres to the City of Tigard and to change the
zone from Washington County R-6 (Residential, 6 units/acre) to City of Tigard R-4.5 (Residential, 4.5
units/acre). Location: South side of S.W. Walnut Street and east of the intersection of S.W. 132nd
Avenue and Walnut Street.
PLEASE SIGN IN TO TESTIFY ON THE ATTACHED SHEETS
l
AGENDA ITEM NO. 1" f..............L /Q r.e~r~liinn In C7vnr1
PLEASE PRINT
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Depending on the number of person wishing to testify, the Chair of the Council may limit the amount
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.
AGENDA ITEM NO. 5
DATE: January 26, 1993
PUBLIC HEARING - VACATION OF A PORTION OF S.W. GONZAGA STREET - Consideration of a
proposed vacation of a portion of S.W. Gonzaga Street, between the intersection of S.W. Gonzaga
Street and S.W. 68th Avenue, and continuing east to the terminus of S.W. Gonzaga Street. The request
was initiated by the City Council on December 8, 1992 on behalf of Mr. Don Pollock.
PLEASE SIGN IN TO TESTIFY ON THE ATTACHED SHEETS
AGENDA ITEM NO. 5
PLEASE IPRiNT
Proponent - (Speaking In Favor) Opponent - (Speaking Against)
Name
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Depending on the number of person wishing to testify, the Chair of the Council may limit the amount
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.
AGENDA ITEM NO. 6
DATE: January 26, 1993
PUBLIC HEARING - VACATION OF A PORTION OF S.W. DUVALL STREET - Consideration of a
proposed vacation of a portion of S.W. Duvall Street between the intersection of S.W. Duvall Street and
72nd Avenue and continuing to the western terminus of S.W. Duvall Street. The request was initiated
by the City Council on December 8, 1992 on behalf of Mr. Gordon Davis.
PLEASE SIGN IN TO TESTIFY ON THE ATTACHED SHEETS
C.
AGENDA ITEM NO. _ t _
PLEASE PRINT
( Proponent - (Speaking In Favor) Opponent - (Speakino Asaainst)
I Name
F
Addr
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Name
Address
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h:\Iogin\Jo\testify
CITY OF TIGARD, OREGON
AFFIDAVIT OF POSTING
in the Matter of the Proposad
C),f1- Q3-0I ' V-oJ; °P 3-0 3 ; 93-0y; 43 -65-
OF STATE OF OREGON )
County of Washington ) ss.
City of Tigard )
I, begin first duly sworn, on oath,
depose an say:
That I ponied in the following public and conspicuous places, a copy of Ordinance
Number (s) q3-61 g3-c4~ 4 3-o s; q 3-oy: 4 3--d 5
which were adopted at the Council Meeting dated
copy(s) of said ordinance(s) being hereto attached and by reference made a part hereof,
on the day of ~ '19
q
Tigard Civic Center, 13125 SW Hall Blvd., Tigard, Oregon
2. West One Bank, 12260 SW Main Street, Tigard, Oregon
3. Safeway Store, Tigard Plaza, SW Hall Blvd., Tigard, Oregon
4. Albertson's Store, Comer of Pacific Hwy. (State Hwy. 99) and SW Durham
Road, Tigard, Oregon
Subscribed and sworn to before me this day of ? / ,L~- .19-2-1--
OFFICIAL SEAL
CONNIE NNIE MARTIN
C~ NOTARY PUBLIC OREGON Notary Public for Oregon
~ii5 COMMISSION No. 015877 MY COMMISSION EXPIRES JUNE 4, 1996 '
My Commission Expires:
1ogin\jo\aNpost
F•' 7
CITY OF TIGARD, OREGON
ORDINANCE NO. 93--DL-
AN ORDINANCE ADOPTING FINDINGS AND CONCLUSIONS TO APPROVE A ZONE CHANGE
(ZCA 92-0007) (MUELLF.R) AND DECLARING AN EFFECTIVE DATE.
WAERE_AS, the City has received a requests for annexation signed by Dan
and Vera Mueller, who are the owners of the subject parcels; and
WHEREAS, The City Council held a public hearing on January 26, 1993 to
consider the annexation request and to consider zoning designations for
the properties; and
WHEREAS, on January 26, 1993 the City Council approved a resolution
forwarding the annexation to the Portland Metropolitan Area Local
Government Boundary Commission; and
WHEREAS, the zoning district designation as set forth in Section 1 below
is consistent with the City of Tigard's Comprehensive Plan Map.
THE CITY OF TIGARD ORDAINS AS FOLLOWS:
SECTION 1: The recommendation of the planning staff as set forth
below is consistent with policy 10.1.2 and 10.1.3 of the
City's Comprehensive Plan (See attached Zone Change
Exhibit).
Tax Man/Lot Number Current Zoning Proposed Zoning
2S1 4AD, tax lots Wash. Co. R-6 Tigard R-4.5
3000, 3100, 3101
SECTION 2: The property meets the definition for a developing area
as defined in Chapter 18.138 of the Community Development
Code and shall be designated as such on the development
standards area map.
SECTION 3: 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 At 1&,yu1 h'1 u (z vote of all Council members
present after being ead by number and title only, this
o? LPG' day of , 1993.
J ('c-j~
C therine Wheatley, City R' rder
ORDINANCE No. 93- ~J!
Page 1
da~
APPROVED: This ,
knnroved as to form.:
M~,~o1J c-
City Attorney
I .A011-5
Date
ORDINANCE No. 93- L)I
Page 2
1 .
STAFF REPORT
January 26, 1993
TIGARD CITY COUNCIL
TIGARD TOWN HALL
13125 S.W. HALL BOULEVARD
TIGARD, OREGON 97223
CASE: zone, Change Annexation 92-07
REQUEST: To annex three parcels consisting of approximately
1.94 acres of unincorporated Washington County into the City
of Tigard, and for zone change from Washington County R-6
(Residential, 6 units per acre) to City of Tigard R-4.5
(Residential, 4.5 units per acre). The applicant requests
annexation for the purpose of connecting to City sewer line.
COMPREHENSIVE PLAN DESIGNATION: Washington County
Residential, 6 units per
acre.
ZONING DESIGNATION: Washington County R-6 (Residential, 6
units per acre).
APPLICP-NT(S): Dan and Vera Mueller
12540 SW Walnut Street
Tigard, Oregon 97223
OWNER(S): Dan and Vera Mueller
12540 SW Walnut Street
Tigard, Oregon 97223
LOCATION: South side of S.W. Walnut Street, east of 132nd
Avenue and Walnut Street. (WCTM 2S1 4AD, Tax Lots
3000, 3100 and 3101)
2. Background Information
Applicant requested and received approval for a street
opening permit to allow construction of a sanitary sewer
lateral line from the City of Tigard in September of
1992. Applicant also requested and received approval for
a Building permit to allow construction of a single
family home from Washington County in December of 1992.
t ZCA 92-07 Staff Report 1
3. Vicinity Information
All properties to the north of the site are in the City
of Tigard and are zoned for single family residential
development at a density of 4.5 units per acre.
Properties to the east- are in Washington County and zoned
R-6 (Residential, 6 units per acre). One property to the
west is iii tiie City of Tigard and zoned K-7 (Residential,
7 units per acre), all other properties to the west are
also in the City of Tigard and are zoned R-4.5
(Residential, 4.5 units per acre). Properties to the
south are in Washington County and zoned for single
family residential development.
4. Site Information and Proposal Description
The property to be annexed have one single family
residence with the remainder of the property undeveloped.
The property is primarily covered with trees.
The applicants requested that their parcel be annexed
into the City of Tigard in order to connect to sanitary
sewer line. An existing sewer line is located on the
northerly portion of the parcels to be annexed.
5. Agency and NPO Comments
Tigard Water District, General Telephone and Electronics,
and Portland General Electric have reviewed the proposal
and have offered no objections or comments.
6. Police Departments Consideration
The Police Department has reviewed the proposal and have
offered no objections.
B. FINDINGS AND CONCLUSIONS
The relevant criteria in this case are Tigard Comprehensive
Plan Policies 2.1.1, Citizen Involvement; 6.4.1, Developing
Area; 10.1.1, Service Delivery Capacity; and 10.1.2, Boundary
Criteria and chapters 18.136, Annexations; and 18.138,
Established/Developing Area Classification of the Tigard
Community Development Code. The planning staff has determined
that the proposal is consistent with the relevant portions of
the Tigard Comprehensive Plan based upon the findings noted
below:
ZCA 92-07 Staff Report
1. Plan Policy 2.1.1 is satisfied because the Neighborhood
Planning Organization and Community Planning Organization
as well as surrounding property owners were given notice
of the hearing and an opportunity to comment on the
request.
; s sat; sf; A-d because the area to be
l. Plan Policy 6.4.1
annexed is designated as a developing area on the
development standards map.
3. Plan Policy 10.1.1 is satisfied because the City has
conducted the Washington County Urban Services Study
which includes the subject property. This study
indicates that adequate services are available in the
vicinity and may be extended to accommodate the subject
property.
4. Plan Policy 10.1.2 is satisfied because the annexation is
a first step in eliminating an island. It will also
eliminate an irregular boundary that makes it difficult
to respond to police emergencies. The land is located
within Tigard's Active Planning Area, and adequate
service capacities can be made available to accommodate
the eventual development of the property as noted above.
The planning staff has determined that the proposal is
consistent with the relevant portions of the Community
Development Code based upon the findings noted below:
1. Section 18.136.030 of the Code is met because all
facilities and services can be made available, the
applicable Comprehensive Plan policies discussed above
have been satisfied and the property has been determined
to be a developing area in accordance with the criteria
in Chapter 18.138 of the Code.
Since the property is within Tigard's Active Planning
Area, the zone designation shall follow the City's
comprehensive plan map designation for low density use.
The most appropriate zone is R-4.5 with a minimum lot
size of 7,500 square feet.
2. Chapter 18.138 of the Code is satisfied because the
property meets the definition for a developing area and
is designated as such on the development standards area
map.
ZCA 92-07 Staff Report 3
l
C.
RECOMMENDATION
Based upon the findings noted above, the planning staff
recommends approval of ZCA 92-07, and to adopt the attached
resolution and ordinance to forward the annexation to the
Boundary Commission.
ZCA. 92-07 Staff Report 4
PREPARED BY:
l
August 28th, 1992
To C.-Lty
We hereby request annexation into the City of Tigard for three of
our properties located South of SW Walnut Street, and east of SW
132nd Avenue. (WCTM 2S1 4AD, tax lots 3000, 3100 and 3200). We
want to annex in order to obtain sanitary sewer service.
Sincerely,
(5(~ q - l ? 8%R
CITY OF TIGARD, OREGON
ORDINANCE NO. 93 - QZ
AN ORDINANCE CONCERNING THE VACATION OF A PORTION OF SW GONZAGA
STREET, LOCATED EAST OF SW 68TH AVENUE, IN THE CITY OF TIGARD,
WASHINGTON COUNTY, OREGON.
WHEREAS, the Tigard City Council initiated this vacation request
pursuant to Section 15.08.040 of the Tigard Municipal Code on
December 8, 1992; and
WHEREAS, This portion nazga
overt this a dedicated e land for street and
right-of-way, giving the Publ
utility improvements; and
WHEREAS, the purposew for this vacation is to vacate a portion of SW
Gonzaga Street that is no longer needed for public use and because
access is available to all abutting properties through
consolidating approptiate lot lines; and
WHEREAS, the vestees of the adjacent properties are not opposed to
this vacation; and
WHEREAS, the vacation has been initiated by the City Council and
approval has been recommended by the Community Development
Department; and
WHEREAS, all affected service providers, including utility
companies and emergency services, have reviewed this vacation
proposal and have no objections; and
WHEREAS, notice has been mailed to all property owners abutting
said vacation area and all property owners within the affected
area, as described by ORS 271.080; and
WHEREAS, in accordance with TMC 15.08.040, the Recorder posted
notice in the area to be vacated and published notice of the public
hearing; the owners of the majority of the area affected have not
objected in writing; and
WHEREAS, the Council having considered the request on January 26,
1993, finds that it is in the public interest to approve the
request to vacate that certain portion of public street right-of-
way for SW Gonzaga Street because the public interest will not be
prejudiced by this vacation as provided by ORS 271.120 and TMC
Section 15.08.130.
ORDINANCE NO. 93- 02-
Page 1
THE CITY OF TIGARD ORDAINS AS FOLLOWS:
` SECTION 1: The Tigard City Council hereby orders the vacation
of that certain portion of public street right-of-
way, as described on the attached Exhibit A (map
and legal description of area to be vacated) and by
this reference made part hereof.
SECTION 2: Tha Tigard City Council further orders that the
vacation be subject to the following conditions:
1. Common access agreements shall be provided for
all potentially landlocked parcels.
Alternatively, the appropriate parcels shall
be consolidated so as no parcel shall be
landlocked.
SECTION 3. 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 _A.f16_A1 thn6U19 vote of all Council members
present after being read b number and title only,
this r-;:)LP t day of , 1993.
611
ity Recorder
APPROVED: This
=f.-,__P93.
day Approved as to form:
M e- P,
City Attorney
I-?-&-9__12
Date
ORDINANCE NO. 93- y~
Page 2
SW BEVELAND ST.
SW GONZAGA ST.
t
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N SW HAMPTON STREET
F-7
A portion of S.W. Gonzaga Street (formerly Seventh
Street) located within the boundary of West
Portland Heights Plat in Section 1, Township 2
South, Range 1 West of the Willamette Meridian,
City of Tigard, Washington County, Oregon,
more particularly described as follows:
Being that portion of S.W. Gonzaga Street lying
east of the east line of S.W.68th Avenue (formerly
Grant Street) and west of the west line of S.W.
67th Avenue (formerly Lincoln Street) as vacated in
document number 84-47786 in Washington County deed
records.
EXHIBIT "A"
I L I J
SW FRANKLIN
STREET
t ~
I
W
CITY OF TIGARD, OREGON
{ ORDINANCE NO. 93 - 0-3
AN ORDINANCE CONCERNING THE VACATION OF ANPORTION CITY OF OFW TDUVAD,
STREET, LOCATED WEST OF SW 7_N_ ~lE_n_E,
T
WASHINGTON COUNTY, OREGON.
WHEREAS, the Tigard City Council initiated this vacation request
pursuant to Section 15.08.040 of the Tigard Municipal Code on
December 8, 1992; and
WHEREAS, This portion of SW' Duvall Street is a dedicated public
right-of-way, giving the public rights over the land for street and
utility improvements; and
WHEREAS, the purpose for this vacation is to vacate a portion of SW
Duvall Street that is no longer needed for public use and because
all abutting tax lots have been consolidated; and
WHEREAS, the vestees of the adjacent land are not opposed to this
vacation; and
WHEREAS, the vacation has been initiated by the city Council and
approval has been recommended by the Community Development
Department; and
WHEREAS, all affected service providers, including utility
companies and emergency services, have reviewed this vacation
proposal and either have no objections or have recommended specific
conditions of approval which have been incorporated into this
ordinance; and
WHEREAS, notice has been mailed to all property owners abutting
said vacation area and all property owners within the affected
area, as described by ORS 271.080; and
WHEREAS, in accordance with TMC 15.08.040, the Recorder posted
notice in the area to be vacated and published notice of the public
hearing; the owners of the majority of the area affected have not
objected in writing; and
WHEREAS, the Council having considered the request on January 26,
1993, finds that it is in the public interest to approve the
request to vacate that certain portion of public street right-of-
way for SW Duvall Street because the public interest will not be
prejudiced by this vacation as provided by ORS 271.120 and TMC
Section 15.08.130.
ORDINANCE NO. 93- O3
Page 1
l
THE CITY OF TIGARD ORDAINS AS FOLLOWS:
SECTION 1: The Tigard City Council hereby orders the vacation
of that certain portion of public street right-of-
Way, as described on the attached Exhibit A (map
and legal description of area to be vacated) and by
this reference made part hereof.
its
SECTION 2: This ordinance shall be effective 0 thdays e after
and
passage by the Council, approval by Mayor,
posting by the City Recorder.
PASSED : By 11-n kha rM 6A'L'-0 vote of all Council members
present after being read b number and title only,
this .R L-0 4-k\ day of J, 1993.
Catherine Wheatley, City Recorder
APPROVED: This ;da o 1993.
er , M or
Approved as to form:
e"
City Attorney
Date
ORDINANCE NO. 93-
Page 2
KLU U✓ N
n
N
STRIPY
j::
A portion of S.W. Duvall Street Located in Section
36, Township 1 South, Range 1 West of the Willamette
Meridian, Washington County, Oregon, and more
particularly described as follows:
Being all of S.W. Duvall Street lying west of the
west line of S.W.72nd Avenue and extending east 800
feet more or less to the east line of that parcel
described in document number 92037793 to Super Valu
Stores Inc., A Delaware Corporation on December 20,
1990 in Washington County deed records.
ti
EXHIBIT "A"
CITY OF TIGARD, OREGON
1. AE acv 1TA . 93- 0 S /
VRDi lrliuv~.
AN ORDINANCE AMENDING CERTAIN SECTIONS OF TITLE 14 OF THE TIGARD
MUNICIPAL CODE AND ADOPTING THE STATE BUILDING CODE AND DECLARING AN
EMERGENCY.
WHEREAS, Tigard Municipal Code Title 14, "Buildings and Constr'.:ction 11
provides regulations for building and construction, including
electrical, plumbing, mechanical, and building codes;
WHEREAS, Tigard Municipal Code Title 14 is largely based upon and
incorporates national and state standards and regulations;
WHEREAS, Tigard Municipal Code Title 14 is in certain respects outdated,
incomplete or unduly burdensome;
WHEREAS, the City Council desires to provide for the enforcement of its
ordinances regulating building and construction;
THE CITY OF TIGARD ORDAINS AS FOLLOWS:
SECTION 1. Title 14, Section 14.04.030 is amended to read as follows:
14.04.030 State codes adopted. Except as otherwise provided in this
chapter, the following state specialty codes are adopted and shall be
in force and effect as part of this municipal code:
(1) State of Oregon Structural Specialty Code, 1993 Edition,
adopted by the State of Oregon Building Codes Agency effective
January 1, 1993, as authorized by ORS 455.020 and ORS 455.010 -
455.990;
(2) Uniform Building Ccde 1991 Edition, Chapter 2, Section
202 (f), regarding Liability.
(3) Uniform Building Code 1991 Edition, Chapter 70, Sections 7001--
7015, regarding Excavation and Grading.
(4) Uniform Building Code Standards 1991 Edition, as published by
the International Conference of Building Officials;
(5) State of Oregon Mechanical Specialty Code, 1993 Edition, based
on the 1991 Edition of the Uniform Mechanical Code, adopted by
the State of Oregon Building Codes Agency, effective January 1,
1993, as authorized by ORS 455.020 and ORS 455.010 - 455.990;
(6) State of Oregon Plumbing Specialty Code, 1992 Edition, based on
the 1991 Edition of the Uniform Plumbing Code, adopted by the
State of Oregon Building Codes Agency, effective February 1,
1992, as authorized by ORS 455.020 and ORS 455.010 - 455.990;
(7) State of Oregon One and Two family Dwelling Specialty Code, 1990
Edition, based on the 1989 edition of the Council of American
ORDINANCE No. 93- Cis
Page 1
Building Officials One and Two Family Dwelling Code, adopted by
the State of Oregon Building Codes Agency, effective April 1,
1990, as authorized by ORS =55.310-350, 455.610-690 and 455.990.
At least one copy of each of these specialty codes shall be kept by the
building official, the city recorder and the Tigard Public Library, and
shall be available for inspection upon request.
Section 2. Title 14, Section 14.04.040 is amended to read as follows:
14.04.040 Administration. (a) The city shall provide a program of
building code administration, including plan review, permit issuing
and inspection for structural, mechanical and plumbing work. The
program shall be administered by the building official, under the
supervision of the community development director. The program shall
operate pursuant to the state specialty codes listed in section
14.04.030 and the remainder of this chapter.
(b) Administration and enforcement of Chapter 70, Excavation and
Grading, as adopted by Section 14.04.030 (3), shall be by the
building official and city engineer. Where the term "Building
Official" is used in Chapter 70, it shall mean either the building
official or city engineer.
Section 3. Title 14, Section 14.04.050 is amended to read as follows:
14.04.050 Uniform Building Code--Appendix 11 adopted--Agricultural
buildings. Appendix 11 of the Uniform Building Code, 1991 Edition,
published by the International Conference of Building Officials is
C adopted and shall apply to all agricultural building and related
activities within the city. (Ord. 86.53 §2 (Exhibit A §5), 1986)
Section 4_ Title 14, Section 14.04.060 is amended to read as follows:
14.04.060 Structural Specialty Code--Section 308 amended--Occupancy.
Section 308 of the Structural Specialty Code more fully described in
Section 14.04.030(1) of this chapter is amended to eliminate the
following language:
"EXCEPTION: Groups R, Division 3 and M Occupancies." The remainder of
Section 308 is adopted in full.
Section 5. Title 14, Section 14.06.020 B. is amended to read as follows:
14.06.020 B. A special inspector performs detailed technical
inspections for types of work specified in section 306 of the 1993
edition of the State Structural Specialty Code, as well as these
administrative rules.
Section 6. Title 14, Section 14.06.080 E.(1) is amended to read as
follows:
14.06.080 E.(1) Familiarity with approved concrete mix designs. Mix
designs shall be proportions according to Section 2605 of the state
( ORDINANCE No. 93- r44
Page 2
building code. The contractor shall submit the concrete mix designs
to the engineer of record for approval, as well as to the city.
Section 7. Title 14, Section 14.06.090 C. is amended to read as follows:
` 14.06.090 C. Except when permitted by Section 2405 of the state
building code, prism testing is required prior to and during
construction. Testing shall be as prescribed by Section 2405 (c) of
the state buiing code.
Section S. Title 14, Section 14.06.090 D.(5) is amended to read as
follows:
14.06.090 D.(5) Familiarity with approved grout and mortar mix
designs. Mix designs shall be proportioned according to Section 2403
of the state building code. The contractor shall submit the grout and
mortar mix designs to the engineer of record for approval, as well as
the city.
Section 9. Title 14, Section 4.06.100 E.(4) is amended to read as
follows:
14.06.100 E.(4) The inspector shall see that bolts, welded studs,
and structural connections are installed as shown on the approved
plans and specifications. Inspections of high strength bolting shall
be in accordance with the Section 306(a)(6) of the state building
code, and other applicable standards.
/ Section 10. Title 14, Sections 14.06.120 A.(1), 14.06.120 B., 14.06.120
t D. are amended'to read as follows:
14.06.120 A.(1) A. Objective.
1. To define the scope of requirements and responsibilities of the
engineer of record (EOR) for engineering site observations, when
required by the city, according to the provisions of Section 306 (a)
(14), "Special Cases", of the state building code.
14.06.120 B. References. Reference is made to Section 306 (a) (14),
"Special Cases". of the state building code.
14.06.120 D. General. According to the provisions contained in
Section 306 (a) (14) "Special Cases", of the state building
code,... The remainder of 14.06.120 D. is adopted in full.
Section 11. Inasmuch as it is necessary that the building code be
adopted with the least possible delay in order to insure that reasonable
safeguards for health, safety, and welfare of the public are maintained,
pursuant to the construction of buildings. An emergency is hereby
declared to exist, and this ordinance shall become effective immediately
upon passage and approval by the Council.
ORDINANCE No. 93-
Page 3
PASSED: By MCVI'l vote of all Council ze-lub sLs t,a.-,Seaari.,
after bei g read by number and title only, this
day of , 1993.
Cathy Wheatley, City Recor r
APPROVED: This day of , 1993.
Gerald R. wards, Mayor
Approved as to form:
i •2(0 -9 3
Date
login\brad\bldcode
m ►fi1Rd e
City Attorney
ORDINANCE No. 93-0q
Page 4
CITY OF TIGARD, OREGON
ORDINANCE NO. 93- 05
AN ORDINANCE GRANTING TO ELECTRIC LIGHTWAVE, INC. A DELEWARE CORPORATION, THE RIGHTAND
PRIVILEGE TO CONDUCT A COMPETITIVE TELECOMMUNICATIONS BUSINESS WITHIN THE CITY OF
TIGARD, AND TO PLACE, ERECT, LAY, MAINTAIN, AND OPERATE IN, UPON, OVER, AND UNDER THE
STREETS, ALLEYS, ROADS, AND PUBLIC PLACES, POLES, WIRES, AND OTHER APPLIANCES FOR
COMMUNICATION PURPOSES WITHIN 1 HE CiiY OF TIGARD.
WHEREAS, the City Council has expressed the desire to enter into a franchise agreement with Electric Lightwave,
Inc. to provide competetive telecommunications services within the City, and
WHEREAS, the terms and conditions of such franchise agreement are set forth in Exhibit "A" attached hereto, and
by this reference made a part hereof.
THE CITY OF TIGARD ORDAINS AS FOLLOWS:
SECTION 1. The terms and conditions of the attached franchise agreement, Exhibit "A", are hereby approved
and adopted as part of this ordinance as if specifically set forth.
SECTION 2. The Mayor is authorized and directed to sign the attached agreement on behalf of the Council.
SECTION 3. The City Council determines that the fee imposed by this franchise is not a tax subject to the
property tax limitations of Article XI, Section 11 (b) of the Oregon Constitution.
l
PASSED: By U.11LtAArfto5 vote of all uncil members present after being read by numtisr and
title only, this,-;)lr-Lk% day of 1993.
therin Wheatley, City ecorder
0
APPROVED: This6a dat
Approved as to form:
MZW e .
City Attorney
,;Z& Z43
Date
ORDINANCE No. 93-
Page 1
EXHIBIT "A"
A FRANCHISE AGREEMENT BETWEEN THE CITY OF TIGARD AND ELECTRIC LIGHTWAVE, INC., A
DELAWARE CORPORATION (GRANTEE).
SECTION 1. The City of Tigard (City), grants to Electric Lightwave, Inc., a Delaware corporation,
(Grantee) a franchise to operate as a competitive telecommunications provider as defined
by ORS 759.005 within the City of Tigard. Grantee has the right to place and maintain
poles, wires, and other equipment for telecommunications purposes within City streets and
public ways. Such wires and other equipment must be laid underground unless the City
specifically permits wires to be strung upon poles or other fixtures above ground.
SECTION 2. After receiving applicable City permits, Grantee may make needed excavations in any
street or public way in the City for the purpose of placing and maintaining poles, or other
supports of conduits for wires and equipment, or repairing or replacing the same. All work
must be done in compliance with City ordinances, regulations or orders.
SECTION 3. The Grantee shall file with the City Engineer or designee maps and materials showing all
proposed underground construction work to include the installation of additional facilities
or relocation of extension of existing facilities within any street, alley, road, or other public
way or place within the corporate limits of the City. The City will review the materials
submitted and notify the Grantee of any City requirements. For repair work or other work
not considered underground construction as stated above, the Grantee shall, if possible,
/ notify the City of the location and general description of the work before beginning work.
All work shall be done in a reasonably safe manner taking into account City-standard traff ic
control procedures and in accordance with requirements of applicable federal laws, state
laws, or City ordinances. In emergencies, such filings shall be submitted within thirty (30)
days of completion of emergency construction work.
When any excavation shall be made pursuant to the provisions of this ordinance, the
Grantee shall restore the portion of the street, alley, road, or public way or place to the
same condition to which it was prior to the excavation. All such work shall be done in strict
compliance with the rules, regulations, ordinances or orders which may be. adopted from
time to time during the continuance of this franchise by the City Council or City Engineer
or as may be otherwise provided by law. The City shall have the right to fix a reasonable
time within which such repairs and restoration shall be completed and upon failure of such
repairs and restoration being made by grantee, City shall cause such repairs to be made
at the expense of grantee.
SECTION 4. This license does not prevent City from repairing, altering or improving any street or public
way within the City, whether or not they contain poles, wires, underground conduit or other
equipment of Grantee. If possible, all such City work or improvements will be done so as
not to obstruct or prevent the free use of such equipment by Grantee. If City work or
public improvements require the relocation of Grantee's equipment, Grantee must relocate
the equipment at its own expense.
Ordinance No. 93
Exhibit "A"
Page 1 of 5
SECTION 5. Whenever it becomes necessary to temporarily rearrange, remove, lower or raise the
wires, cables or other plant of grantee for the passage of buildings, machinery or other
objects, grantee shall temporarily rearrange, remove, lower or raise, its wires, cables or
other plant as the necessities of the case require; provided, however, that the person or
persons desiring to move any such buildings, machinery or other objects, shall pay the
entire actual cost to grantee of changing, altering, moving, removing or replacing its wires,
cables or other plan so as to permit such passage, and shall deposit in advance with
grantee a sum equal to such cost as estimated by grantee and shall pay all damages and
claims of any kind whatsoover, direct or consequential, caused directly or Indirectly by
changing, aftering, moving, removing or replacing of said wires, cables or other plant,
except as may be occasioned through the sole negligence of grantee, grantee shall be
e party desirng to rrovs s::ch
given not less than ninety-six (96) hours wrIttan notice k.. 61,
building or other objects. Said notice shall detail the route of movement of such building
or other objects over and along the streets, alleys, avenues, thoroughfares and public
highways and shall bear the approval of the City. Such moving shall be with as much
haste as possible and shall not be necessarily delayed or cause grantee unnecessary
expense or waste of time.
SECTION 6. The franchise granted is subject to the following conditions:
a. If the City requests telecommunications services from Grantee, Grantee may
deduct the charges for such services from license fee payments upon prior written
approval of the City. Grantee shall charge the City at Grantee's most favorable
rate charged for a simi'3r service within two years of providing services to the City.
Other terms and conditions of such services may be determined by separate
agreement.
b. Grantee shall pay to the City $3,000 as an application fee to cover City costs of
preparing and issuing this franchise. Beginning with the effective date of this
franchise until its expiration, Grantee shall pay City a franchise fee of five percent
of the gross revenues earned on telecommunications services in the City.
Payments shall be made quarterly on or before 45 days after the preceding
quarter commencing with the quarter ending March 31, 1993, and continuing for
each quarter for the term of this franchise. Payments shall be accompanied by a
statement of how the total due amount was calculated, including an explanation
of gross revenue for services to each customer for whom one end-point of service
was located outside of the City. Payments not received by the 45th day of each
quarter will be assessed interest at the rate of one per cent over the existing prime
rate, compounded daily.
C. Gross revenues earned on telecommunications services means all revenues
earned on services provided by Grantee including and limited to:
(1) connections between interexchange carriers or competitive carriers and
any entity other than another interexchange carrier, competitive carrier or
a telephone company providing local exchange services;
(2) connections between entities other than interexchange carriers,
competitive carriers or telephone companies providing local exchange
services;
Ordinance No. 93
Exhibit "A"
Page 2 of 5
I
(3) design,, anglnseri"b, mngtnirAinn and maintenance of fiber optic cable
links that are not otherwise connected to Grantees telecommunications
system;
d. Gross revenues will be calculated when:
(1) both end-points are located within the City; !
(2) one end--...int is located within the City and another is located outside the
City calculated as follo.:s:
G(io) = R(io) x (C / T), where
io = service between an address inside the City and an
address outside the City, or within the City if through
another exchange,
R = total revenues earned by Grantee for that service,
C = linear feet of cable within City carrying that service, and
T = total linear feet of cable carrying that service; and
e. City has the right to expand the subsection (c) definition of gross revenues earned
on telecommunications services after 90 days written notice to Grantee ff any of
the following occur:
(1) the City collects franchise fees or privilege taxes from any other provider
of telecommunications services on revenues from services substantially
similar to those offered by Grantee, but are not within the current
subsection (c) definition of gross revenues;
(2) state law changes concerning the telecommunications services included
in the revenue base for franchise fees or privilege taxes on
telecommunications utilities;
(3) state law changes concerning the definition of competitive and non-
competitive telecommunications services.
f. The City shall have the right to change the percentage of gross revenues set forth
above at any time during the life of this agreement provided it has made such
notice in writing at least 180 days prior to the effective date of any change.
g. The City shall have the right to conduct or cause to be conducted, an audit of gross
revenues as defined herein. Any difference of payment due either the City or
Grantee through error or otherwise as agreed upon by both the City and Grantee,
shall be payable within thirty (30) days after discovery of such error.
Ordinance No. 93
Exhibit "A"
Page 3 of 5
SECTION 7. This franchise takes effect thirty (30) days after the date of signature provided Grantee files
a written acceptance of this ordinance with the City by that date. Such acceptance must
accept all terms, conditions and restrictions contained in this ordinance. The failures of
Electric Lightwave, Delaware, to file this acceptance within 30 days prevents this ordinance
from granting a franchise or any other rights.
SECTION 8. This franchise granted rilll be In force fGr ten (10) years, unless City or Grantee terminates
the franchise in accordant-e with Sect;-.-..o 413
~ anu
SECTION 9. The Grantee shall defend, indemnify and hold harmless, the City, its officers, agents and
employees from any claim or injury, damage, loss, liability, cost or expense, including
litigation expenses and attorneys fees, arising from any act or omission under this
franchise by Grantee, its agents or employees. Grantee shall consult and cooperate with
the City while taking any action in defense of the City.
SECTION 10. During the period of this franchise, the Grantee must maintain public liability and property
damage insurance that names the Grantee and the City, its officers, agents and employees
from all claims referred to in Section 9. The coverage must be at least $300,000 for injury
to each person, $500,000 personal injury for each occurrence, and $500,000 for each
occurrence involving property damages plus costs of defense, or a single limit policy of not
less than $500,000 for all claims per occurrence, plus costs of defense.
SECTION 11. This franchise shall not be sold, leased, assigned or otherwise transferred without the prior
written consent of the City. Grantee may pledge or encumber this franchise as part of a
corporate reorganization, financing or refinancing activity. Grantee must notify the City not
/ later than 10 business days prior to any intended transfer, and City will not unreasonably
withhold any consent required.
SECTION 12. The City reserves the right to terminate this franchise and all of Grantee's rights herein,
if:
a. Grantee violates any material term of the franchise, or
b. Grantee fails to complete construction of an initial telecommunications system
within 36 months of the effective date of this franchise, or
c. Grantee fails to pay the franchise fee to City, or
d. Grantee is found guilty of any fraud, or deceit, or
e. Grantee fails to obtain or maintain any permit required by federal or state law.
Ordinance No. 93
Exhibit "A"
Page 4 of 5
SECTION 13. The City will give Grantee at least 30 days written notice of intent to terminate this
franchise stating the reasons for such action. N Grantee either cures the stated reason
within the 30 day period or initiates efforts satisfactory to the City to remedy the stated
reason, the City will not terminate this franchise. If Grantee fails to cure the stated reason
within such 30 day period or makes efforts to remedy the stated reason satisfactory to City,
City may declare this franchise terminated and extinguish all rights of Grantee under the
nn ,Ise
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SECTION 14. The franchise hereby granted shall not be exclusive shall not tbe o pert persons any or
limitation on the City to grant rights, privileges and authority
corporations similar to or different from those herein set forth.
DATED this day of -1993.
ELECTRIC LIGHTWAVE, INC.
a Delaware Corporation
By:
(Signature)
(Printed Name)
Position:
By:
(Signature)
(Printed Name)
Position:
Ordinance No. 93
Exhibit "A"
Page 5 of 5
CITY OF TIGARD
OREGON,a
Municipal Corporation
By:
Mayor Gerald R. Edwards
ATTEST:
Catherine Wheatley
City Recorder
ACCEPTANCE OF FRANCHISE
WHEREAS, the CITY OF TIGARD, OREGON, under date of . 1993 passed
ORDINANCE NO.. , entitled as follows, to wit:
AN ORDINANCE GRANTING TO ELECTRIC LIGHTWAVE, INC., A DELAWARE CORPORATION, THE
RIGHT AND PRIVILEGE TO CONDUCT A COMPETITIVE TELECOMMUNICATIONS BUSINESS WITHIN
THE CITY OF TIGARD, AND TO PLACE, ERECT, LAY, MAINTAIN, AND OPERATE IN, UPON, OVER,
AND UNDER THE STREETS, ALLEYS, ROADS, AND PUBLIC PLACES, POLES, WIRES, AND OTHER
APPLICANES FOR COMMUNICATION PURPOSES WITHIN THE CITY OF TIGARD.
NOW, THEREFORE, the undersigned, Electric Lightwave, Inc.,the grantee named in said Ordinance, does
for itself and its successors and assigns accept the terms, conditions and provisions of Ordinance No.
and agrees to be bound thereby and comply therewith.
IN WITNESS WHEREOF, Electric Lightwave, inc. has caused this instrument to be executed by its officers
as below subscribed this day of .1993.
ELECTRIC LIGHTWAVE, INC.
By
Received by the City of Tigard
this day of .1993.
.
56 U C(e--S es 5 ; vt
4- 3
COUNCIL AGENDA ITEM 3.(P-
CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUMMARY
AGENDA OF: December 22, 1992 DATE SUBMITTED:
ISSUE/AGENDA TITLE: Approve projects PREVIOUS ACTION:
ror aLreeLs tar -
AA PREPARED BY: City Engineer
DEPT HEAD OIL CITY ADMIN OK REQUESTED BY:
Approval of projects to be funded under the Streets Capital Improvement
Program
STAFF RECOMMENDATION
That the Council approve the project funding as recommended by the
Transportation Advisory Committee and that the Council, acting as the Local
Contract Review Board, authorize the City Engineer to advertise for bids on
these projects.
INFORMATION SUMMARY
In September, the Council voted to delete a project for pavement
reconstruction on a portion of Main Street. The Council asked the
Transportation Advisory Committee to recommend alternative projects for
funding. After review of citywide needs and input from citizens, the
Committee has recommended the following new safety projects for funding:
Bonita Road regrading $130,000
79th Avenue shoulder walkway 7,000
96th Avenue sidewalk 53,000
Total $190,000
The Bonita Road project involves raising of the roadway on the east approach
to the railroad crossings and adding shoulders to the east approach. The
project is intended to reduce the sight distance restriction at the crossing,
thereby improving safety at adjoining driveway and street intersections.
The 79th Avenue project will add a paved shoulder walkway between Durham Road
and the existing sidewalk near Bond Street, to improve safety on the
pedestrian route to Durham Elementarv School.
The 96th Avenue project will add a sidewalk on one side of 96th between
Sattler and Murdock, to improve safety on the pedestrian route to Templeton
and Tuality Schools. Pedestrian improvements on this street have been
requested by the Templeton PSO and a number of citizens.
Approval is requested to proceed with these three projects and to advertise
for bids when construction drawings are completed.
C PROPOSED ALTERNATIVES
1. Approve the priorities as recommended
2. Revise the priorities.
3. Request further review by Planning Commission. (Duties of the
Transportation Advisory Co..mittee are being merged into the Planning
Commission.)
_M-----~~~N FISCAL NOTES
The projects will be funded under the Streets CIP using gas tax revenues.
The budget of $190,000 is from project savings in the current fiscal year.
The savings come from deletion of the Main Street project and from savings on
other projects.
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COUNCIL AGENDA ITEM -3•a
CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUMMARY
AGENDA OF: wary 26, 1993 DATE SUBMITTED:
ISSUE/AGENDA TITLE: A PREVIOUS ACTION:
None
III- 444AL.1 PREPARED BY: B. Roast
DEPT HEAD O - CITY ADMIN-OK" - -REQUESTED-BY:--B_-Roast------------
Should the City Council approve the attached resolution, allowing the
Tualatin Valley Fire and Rescue District Ordinance 92-01 to update the fire
codes?
STAFF RECOMMENDATION
Approve the attached resolution which will update the fire codes, and allow
the Tualatin Valley Fire and Rescue District to continue to enforce the fire
codes in the City of Tigard.
INFORMATION SUMMARY
The attached resolution will allow the Tualatin Valley Fire and Rescue
)istrict to adopt current fire codes, and to continue to enforce the fire
codes in the City. The City of Tigard will not enforce Ordinance 92-01, or
any regulation that differs from the State Building Code.
PROPOSED ALTERNATIVES
1. Approve the attached resolution which will update the fire codes, and
allow the Tualatin Valley Fire and Rescue District to continue to enforce
the fire codes in the City of Tigard.
2. Take no action.
FISCAL NOTES
Approving the attached resolution will allow the City to continue to collect
an estimated $2,000.00 annually in accounting/administrative costs.
login\brad\firecod.res
TUALATIN VALLEY FIRE & RESCUE
AND
BEAVERTON FIRE DEPARTMENT
4755 S.W. Griffith Drive • P.O. Box 4755 • Beaverton, OR 97076 • (503) 526-2469 • FAX 526.2538
C.
October 12, 1992
To City Officials, County Commissioners, and Fire Board Directors:
The undersigned Building officials who are in the fire district feel that
the Fire Code Ordinance, as presented by Tualatin Valley and Rescue, should
be approved as written. This ordinance shall be adopted as soon as
possible by the cities and counties after the adoption of the Tualatin
Valley Fire and Rescue Board of Directors.
tja in Brown, Bui ing Officia
City of Wilsonville
m Kenw rt y, Building Office--'01'ty of Bea erton
Joanne Stetzel, Building Official
City of Tualatin
~L_ LD (V L -az~~
Michael Cliburn, Building Services
Administrator
Cladcanas County
Bob Kelly, BuL ding Official
Washington COAu ty
J
Brad Roast, Building Official
City of Tigard
I
i Jaqu al, u i.ng official
ty of ha
"f;'Orking"Smoke Detectors Save Lives
October 9, 1992
Mr. Rex H. Jeffries, Assistant Fire Marshal
Tualatin Valley Fire and Rescue
4755 SW Griffith Drive
PO Box 4755
Beaverton, OR 97076
Dear Mr. Jeffries:
OFFICE OF
STATE FIRE
MARSHAL
Following a review of your proposed amendments to the 199! Uniform Fire Code, the Office of State
Fire Marshal finds no inconsistencies with Oregon Revised Statute 476.120 and Oregon Administrative
Rule 837-39-010.
I would like to commend you on your efforts to provide a fire safe community for the citizens you are
committed to protect.
Sincerely,
Ronald D. Wiscarson
Code Program Manager
rdw:sm 184\OPS\Codes\corresp
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4760 Portland Rd. NE
Salem, OR 97305-1760
(503) 378-3473
COUNCIL AGENDA ITEM
CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUMMARY
AGENDA OF: January 26,L993 DATE SUBMITTED:
ISSUE/AGENDA TITLE: Mueller's Annex. PREVIOUS ACTION N01/
one4/93
ZCA 92-0007 Zone Change Annexat' 11
DEPT HEAD OK PREPARED BY: Victor Adonri
CITY ADMIN OK REQUESTED BY: Ed Murphy
ISSUE BEFO THE COUNCIL
Should the City Council forward a request for annexation of three parcels
consisting of approximately 1.94 acres located at the South side of Walnut
Street, east of the intersection of 132nd and Walnut Street to the Metropolitan
Area Local Government Boundary Commission?
Adopt the attached resolu
STAFF tion and0ordi~ N
ordinance to forward the
annexation the Boundary Commission and to assign a zoning designation of R-4.5 to the
property.
INFORMATION SUMMARY
This annexation request consists of three parcels totaling 1.94 acres that
is contiguous to the City of Tigard on SW Walnut Street. The owner of the
properties requested annexation in order to obtain sanitary sewer service.
The properties are already within an "island". This annexation will have no
adverse impact on the irregular boundary situation that already exists within
' the Washington County Island south of Walnut Street. Notices were sent to
droperty owners within 250 feet of the subject property. There has been no
response from neighboring property owners to the notice. However, the property
owners who own the land to the east and south of this property have previously
indicated their opposition to annexation to the staff.
NOTE: The annexation of these properties could be delayed and used as
part of a double majority in the future annexation of the whole island south
of Walnut Street. Staff does not recommend that on this application, since it
was submitted prior to the city Council change of policy.
PROPOSED ALTERNATIVES
1. Adopt the attached resolution and ordinance to forward the annexation to
the Boundary Commission and assign a zoning designation of R-4.5 to the
property.
2. Delay the annexation, and use as part of a double majority for annexing the
properties within the Washington County Island.
3. Deny the proposal.
FISCAL NOTES
The City will pay the Boundary
Commission fee of $240 for annexation.
The current tax assessment is $53,320 The City could increase its tax base by
'pproximately $103. (Assessed value multiplied by City tax base portion of tax
-ate of $1.94/1000 as of 1/1/90 = $103.44).
4J L(
January 26, 1993
TO THE TIGyc CITY COUNCIL:
:regarding: Zone Change Ann-,xation ZCA 92-0007 hueller (NPO 3)
I aria hosemary Shrauger and I live at 13030 S.W. Walnut Street. This
property lies along the west side of the property i•ir. i•iueller is request-
ing be annexed to the City of Tigara.
I am not opposed to rr. i•iueller's request for annexation of this property
but I any very concerned about the future ramifications regarding the
privacy of r:y property, of r,iy home to be more exact.
riy house roes not face 'Mainut. if it did i would not anticipate so such
loss of privacy. isut ii-,y house faces ,.:r. iiueller's property. There is a
large window in the living rcom and a large window ir the aininl- room
plus my i:itchen window, utility rood tirindow anu garage door all race
Lr. :=caller's property. :else my house sits fairly close to the property
line. 1sasically only the w,rieth of the driveway between the house and the
Yroperty line. if a house is built inuuediately parallel to r,y house I
believe I will lose a very great aeal of the privacy we have enjoyea in
our horse in the over thirty years we have lived there. it seems to rye
that the front lot of . r. i,:ueller's property- is deep enough that any
house bl.rilt ~n it need not be built L.j x.,iately opposite r.,y hc,use but
could be built i.ore to the back of this lot affording me and the r.ew
hone owner e;,ctj more privacy. I hope that r.:-. i ueller or whoever builds
or that front lot will be v:1_ linL, to wive Srr:e carc''ul consideration to
this.i,itter -nd to thsir neighbor's right to maintain some privacy.
:.rs. Aosen,ary Shrauger
. iiarold . Shrauger
~
COUNCIL AGENDA ITEM .`_5
AGENDA OF: Januar
ISSUE/AGENDA TITLE:
DEPT HEAD OR
CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUMMARY
DATE SUBMITTED : __SA0 0A9-Y_ JS~ C L3
PREVIOUS ACTION: None
PREPARED BY: Ron Pomeroy
CITY ADMIN OR REQUESTED BY: Ed Muiphy
Should the City Council vacate a portion of the SW Gonzaga Street right-of-
way?
STAFF RECOMMENDATION
It is recommended that Council approve this vacation.
INFORMATION SUMMARY
Council initiated this street vacation at a public meeting held on December
8, 1992.
Mr. Don Pollock, petitioner, requests City Council approval to vacate a
portion of the SW Gonzaga Street right-of-way.
'he petitioner has stated that the purpose for this vacation is to enhance
-the development potential of the abutting properties. There are currently
four properties which have access to this portion of SW Gonzaga Street. Both
lots on the north side are under one ownership. Similarly, both lots on the
south side are also under one ownership.
An identical application was filed with the City in July 1988 to vacate this
portion of SW Gonzaga Street. A letter in the file from Mr. Gerry Cash dated
September 26, 1990 requests that since the City had taken no action on this
vacation request for two years, that the monetary deposits be returned to the
applicants. The record is not clear as to the reasons for the delay.
Appropriate agencies have been contacted for comments. No utilities have
been identified within this area to be vacated.
PROPOSED ALTERNATIVES
1. Adopt the attached Ordinance thereby vacating SW Gonzaga Street.
2. Take no action at this time.
FISCAL NOTES
rll fees and staff costs shall be paid by the applicant.
BE VC-LANO
ELEMENTARY
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COUNCIL AGENDA ITEM
i
CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUMMARY
(D
AGENDA OF: -January 26, 1993 DATE SUBMITTED: XANJARy 15j I9g3
ISSUE/AGENDA TITLE: Vacation of the-4 PREVIOUS ACTION: None
PREPARED BY: Ron Pomeroy
..a I DEPT HEAD OR CITY ADMIN OK REQUESTED BY: Ed Murphy
Should the City Council vacate the entire length of SW Duvall Street?
STAFF RECOMMENDATION
It is recommended that Council approve this vacation.
INFORMATION SUMMARY
Council initiated this street vacation at a public meeting held on December
S, 1992.
Gordon Davis, petitioner, requests City Council approval to vacate the entire
length of the SW Duvall Street right-of-way.
'he petitioner has stated that CUB Foods (through SuperValu Stores) has
-purchased all of the Duvall Street properties. They have completed moving or
demolishing all of the homes along Duvall Street and a portion of the homes
along SW 72nd Avenue. Washington County has recently consolidated the many
tax lots on the future CUB Foods location, including all of the Duvall Street
properties.
Appropriate agencies have been contacted for comments. Concerns have been
noted regarding the need for providing access and utility easements within
this vacated right-of-way.
PROPOSED ALTERNATIVES
1. Adopt the attached Ordinance thereby vacating SW Duvall Street.
2. Take no action at this time.
FISCAL NOTES
All fees and staff costs shall be paid by the applicant.
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COUNCIL AGENDA ITEM
CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUMMARY
AGENDA OF: _January 26, 1993 DATE SUBMITTED:
ISSUE/AGENDA TITLE: Revised TMC Title PREVIOUS ACTION: None
14, Bu.ildi, s nd Construction
PREPARED BY: Brad Roast
DEPT HEAD OZ CITY ADMIN OR I REQUESTED BY:
ISSUE BEFORE THE COUNCIL
Should the City amend the Building Code Ordinance to be consistent with new
State rules?
STAFF RECOMMENDATION - -
Approve the attached ordinance adopting the current State Building Code.
INFORMATION SUMMARY
The State of Oregon has recently adopted a new "State Building Code." ORS
455.040 mandates that no municipality shall enact or enforce any ordinance,
rule or regulation relating to the State Building Code, that provides for
different requirements. The present Title 14 of the TMC adopted codes that
are now outdated. The attached revised Title 14 of the TMC adopts the
current State Building Code.
PROPOSED ALTERNATIVES
1. Approve that attached ordinance adopting the current State Building Code.
2. Deny the attached ordinance.
FISCAL NOTES
None. No changes in the fee structure would occur as a result of this
action. f
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R'P-5c ile d-~-( Q /a 3 l 3
COUNCIL AGENDA ITEM K I
CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUMMARY
AGENDA OF: January 26, 1993 DATE SUBMITTED: January 14, 1993
ISSUE/AGENDA TITLE: GTE Northwest PREVIOUS ACTION:
Inc. Franchise Renewal Ordinance
PREPARED BY: Wa-yn a Lowrv
DEPT HEAD O CITY ADMIN OK REQUESTED BY:
F-1-1
ISSUE BEFORE THE COUNCIL
Shall the City Council enact an ordinance to renew the franchise with GTE Northwest Inc.
STAFF RECOMMENDATION
Staff recommends the franchise agreement set forth in Exhibit "A" be approved.
INFORMATION SUMMARY
i
The GTE Northwest franchise agreement expired in 1992. We have completed negotiations to
renew the agreement for a term of 10 years. The proposed agreement includes the following:
• Ability of City to review proposed construction in right of way.
• Ability to prescribe how street restoration work will be done.
• 5% franchise fee with ability to increase with 180 days notice.
• Ability to audit gross revenues.
The balance of the language in the agreement has been updated but includes terms similiar to the
previous agreement.
PROPOSED ALTERNATIVES
1. Approve propose ordinance.
2. Renegotiate terms, then approve.
FISCAL NOTES
The GTE franchise agreement produces an estimated $260,000 per year in revenue to the general
fund at the current 5% rate.
CITY OF TIGARD, OREGON
ORDINANCE NO. 93-
AN ORDINANCE RENEWING THE FRANCHISE OF GTE NORTHWEST INCORPORATED, A WASHINGTON
CORPORATION, ITS SUCCESSORS AND ASSIGNS, GRANTING THE RIGHT TO PLACE, ERECT AND
MAINTAIN POLES, WIRES AND OTHER APPLIANCES AND CONDUCTORS AND TO LAY UNDERGROUND
WIRES FOR THE TRANSMISSION OF ELECTRICITY FOR COMMUNICATION PURPOSES IN, UPON, UNDER
AND OVER THE STREETS, ALLEYS, AVENUES, THOROUGHFARES AND PUBLIC HIGHWAYS OF THE CITY
OF TIGARD, OREGON, AND TO CONDUCT A GENERAL COMMUNICATION BUSINESS WITHIN THE CITY OF
TIGARD; AUTHORIZING THE MAYOR TO ENTER INTO SUCH AGREEMENT; AND REPEALING ALL
ORDINANCES AND PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND DECLARING AN EMERGENCY.
WHEREAS, The ten year franchise for the communication facilities and services provided by the GTE Northwest
Incorporated, described in the title of this ordinance is now before the City Council for renewal. The Council
believes that the franchise should be renewed under the terms and conditions set forth in Exhibit A, attached
hereto, and by this reference made a part hereof.
THE CITY OF TIGARD ORDAINS AS FOLLOWS:
SECTION 1. The terms and conditions of the attached franchise agreement, Exhibit A, are hereby approved and
adopted as part of this ordinance as if specifically set forth.
SECTION 2. The Mayor is authorized and directed to sign the attached agreement on behalf of the Council.
SECTION 3. Because of the need to have stable telephone communication and the need to have a stable
revenue flow to the City from franchise fees, an emergency is declared and this ordinance shall
take effect upon its passage.
SECTION 4. The City Council determines that the fee imposed by this franchise is not a tax subject to the
property tax limitations of Article XI, Section 11 (b) of the Oregon Constitution.
SECTION 5. This ordinance shall replace and repeal the prior franchise with GTE Northwest Incorporated,
Ordinance No. 82-12 adopted March 8, 1982 and any amendments thereto.
PASSED: By vote of all Council members present after being read by number and title only,
this day of , 1993.
Catherine Wheatley, City Recorder
APPROVED: This day of , 1993.
Gerald R. Edwards, Mayor
Approved as to form:
City Attorney
Date
ORDINANCE No. 93-
Page 1
EXHIBIT "A"
A franchise agreement between the City of Tigard and GTE Northwest Incorporated, a Washington corporation.
SECTION 1. Subject to the other terms and conditions set forth in this document there is hereby granted by the
City of Tigard to the GTE Northwest Incorporated, Inc., a Washington Curporation, (herein referred
to as "Grantee"); its successors and assigns; subject to the development ordinances and
regulations of the City, the right and privilege to conduct a general communication business within
the said City, or such other public property as may come within the jurisdiction of the City during
the term of this agreement. This for the purpose of furnishing, as a public utility the products and
services utilized in providing telephone, telegraph, and other communication products and services.
This grant includes the right to erect, construct, place, replace, reconstruct, lay, maintain, and
operate poles, wires, switching equipment, amplifying equipment, fixtures, facilities, appliances,
structures and other devices including, but not limited to, electronic, optical and mechanical devices
customarily associated with Grantee's function, and purpose of serving as a common carrier of
information for communication purposes.
SECTION 2. It shall be lawful for Grantee to make all needful and necessary excavations in any of said streets,
alleys, avenues, thoroughfares and public highways.
SECTION 3. The Grantee shall file with the City Engineer or designee maps and materials showing all proposed
underground construction work to include the installation of additional facilities or relocation or
extension of existing facilities within any street, alley, road or other public way or place within the
corporate limits of the City. The City will review the materials submitted and notify the Grantee of
any City requirements. For repair work or other work not considered underground construction as
stated above, the Grantee shall, if possible, notify the City of the location and general description
of the work before beginning work.
All work shall be done in a reasonably safe manner taking into account City standard traffic control
procedures and in accordance with requirements of applicable federal laws, state laws, or City
ordinances. In emergencies, such filings shall be submitted with thirty (30) days of completion of
emergency construction work.
SECTION 4. When any excavation shall be made pursuant to the provisions of this ordinance, the Grantee shall
restore the portion of the street, alley, road, or public way or place to the same condition to which
it was prior to the excavation. All such work shall be done in strict compliance with the rules,
regulations, ordinances or orders which may be adopted from time to time during the continuance
of this franchise by the City Council or City Engineer or as may be otherwise provided by law. The
City shall have the right to fix a reasonable time within which such repairs and restoration shall be
completed and upon failure of such repairs and restoration
being made by grantee, City shall cause such repairs to be made at the expense of grantee.
SECTION 5. The Grantee hereby agrees and covenants to indemnify, save harmless and defend the City and
its officers, agents and employees from any and all damages, costs and expenses or claims of any
kind whatsoever, or nature, arising from any injury to persons or property by reason of the
negligent act or omission of the Grantee, its agents or employees in exercising the rights and
privileges granted hereunder and by this franchise.
ORDINANCE No. 93-
Exhibit "A"
Page 1 of 3
SECTION 6. The City, by its properly constituted authorities, shall have the 1191iit to cause the grantee to move
the location of any pole, underground conduit or equipment belonging to grantee whenever the
relocation thereof shall be for public necessity, and the expense thereof shall be paid by the
grantee. Whenever it shall be necessary for public necessity to remove any pole, underground
conduit or equipment belonging to grantee or on which any wire or circuit of the grantee shall be
stretched or fastened, the grantee, shall, upon written notice from the City, or its properly
constituted authorities, meet with the City Engineer and agree in writing to a plan and date certain
to remove such poles, underground conduit, equipment, wire or circuit, at grantee's expense, and
if the grantee fails, neglects or refuses to do so, the City, by its properly constituted authorities,
may remove the same at the expense of the grantee.
SECTION 7. All notices and approvals required under this Agreement shall be in writing. The Grantee shall
provide the City with the name, position and phone number of Grantee staff that can be contacted
for administration of this Agreement and for contact with construction-related questions and
comments.
Such notices and approval shall be directed to the City as follows:
City Engineer, City of Tigard
13125 SW Hall Blvd., Tigard Oregon 97223
(503) 639-4171
SECTION 8. Upon request of the City, the grantee shall provide available plans and locate any underground
conduit or equipment belonging to grantee, as required for the preparation of construction
drawings.
SECTION 9. Whenever it becomes necessary to temporarily rearrange, remove, lower or raise the wires, cables
or other plant of grantee for the passage of buildings, machinery or other objects, grantee shall
temporarily rearrange, remove, lower or raise, its wires, cables or other plant as the necessities
of the case require; provided, however, that the person or persons desiring to move any such
buildings, machinery or other objects, shall pay the entire actual cost to grantee of changing,
altering, moving, removing or replacing its wires, cables or other plan so as to permit such
passage, and shall deposit in advance with grantee a sum equal to such cost as estimated by
grantee and shall pay all damages and claims of any kind whatsoever, direct or consequential,
caused directly or indirectly by changing, altering, moving, removing or replacing of said wires,
cables or other plant, except as may be occasioned through the sole negligence of grantee,
grantee shall be given not less than ninety-six (96) hours written notice by the party desiring to
move such building or other objects. Said notice shall detail the route of movement of such
building or other objects over and along the streets, alleys, avenues, thoroughfares and public
highways and shall bear the approval of the City. Such moving shall be with as much haste as
possible and shall not be necessarily delayed or cause grantee unnecessary expense or waste of
time.
SECTION 10. In consideration of the rights and privileges hereby granted, City shall have, and grantee hereby
grants to it, the right and privilege to suspend and maintain wires and necessary control boxes on
poles placed by the grantee in the streets, and other places aforesaid, or if such wires are placed
underground, to place/maintain in the pipes or conduits of grantee, if space therein is available,
wires which City may require for fire, police and traffic signal purposes. All such wires shall be
placed on the poles or in conduits so as not to interfere with communication service and shall not
carry currents or voltage dangerous to telephone plant or telephone users and all installation,
ORDINANCE No. 93-
Exhibit "A"
Page 2 of 3
t
maintenance and repairs shall be subject to the rules, regulations and supervision of the grantee.
al-FUA the flurn"shing of c~,th
fartilitlg~
City agrees in COnSId@fatlOn of the @StabI15i1fTlellt @f this service wv a~n, the u~~oev~~u.............__
to hold grantee entirely free and harmless from all claims or liability for damage which may arise
out of the operation of these special services.
SECTION 11. As further consideration, grantee agrees to pay to the City five percent (5%) of the gross revenues
derived from exchange access services, as defined in ORS 401.710 within the city limits. Such
payments shall be made to the City every six months for the life of this agreement on or before
March 15 for the six month period ended December 31, and September 15 for the six month period
ended June 30.
The City shall have the right to change the percentage of gross revenues set forth above at any
time during the fife of this agreement provided it has made such notice in writing at least 180 days
prior to the effective date of any change.
The City shall have the right to conduct or cause to be conducted, an audit of gross revenues as
defined herein. Any difference of payment due either the City or Grantee through error or otherwise
as agreed upon by both the City and Grantee, shall be payable within thirty (30) days after
discovery of such error.
SECTION 12. The rights, privileges and franchise hereby granted shall continue to be in full force for a period of
ten (10) years from the date of its passage. In the event that the Grantee shall fail, neglect or
refuse for thrity (30) days after demand in writing by the Cityto perform any or all of the obligations
or requirements set forth in this agreement to be performed by the Grantee, then the rights and
privileges herein granted may be terminated and annulled by the City Council or other legislative
body of the City, and the Grantee shall forfeit all rights and privileges hereby granted. This
franchise shall be subject to any and all State or Federal legislative enactments. However, this
franchise shall be inoperative unless it is accepted in writing by the Grantee within sixty (60) days
after the date of its passage.
SECTION 13. This Agreement shall take effect and be in force on its day of signature, and the Grantee shall
conduct its general business within the City under franchise to be granted, in full compliance with
the terms hereof.
DATED this day of , 1993.
GTE NORTHWEST INCORPORATED
a Washington Corporation
By:
(Signature)
(Printed Name)
Position:
By:
(Signature)
(Printed Name)
( Position:
ORDINANCE No. 93-
Exhibit "A"
Page 3 of 3
CITY OF TIGARD
OREGON, a Municipal Corporation
By:
Mayor Gerald R. Edwards
ATTEST:
Catherine Wheatley
City Recorder
ACCEPTANCE OF FRANCHISE
WHEREAS, the CITY OF TIGARD, OREGON, under date of , 1993 passed ORDINANCE
NO. , antifled as follows, to wit:
AN ORDINANCE RENEWING THE FRANCHISE OF GTE NORTHWEST INCORPORATED, A WASHINGTON
CORPORATION, ITS SUCCESSORS AND ASSIGNS, GRANTING THE RIGHT TO PLACE, ERECT AND
MAINTAIN POLES, WIRES AND OTHER APPLIANCES AND CONDUCTORS AND TO LAY UNDERGROUND
WIRES FOR THE TRANSMISSION OF ELECTRICITY FOR COMMUNICATION PURPOSES IN, UPON, UNDER
AND OVER THE STREETS, ALLEYS, AVENUES, THOROUGHFARES AND PUBLIC HIGHWAYS OF THE CITY
OF TIGARD, OREGON, AND TO CONDUCT A GENERAL COMMUNICATION BUSINESS WITHIN THE CITY OF
TIGARD; AUTHORIZING THE MAYOR TO ENTER INTO SUCH AGREEMENT; AND DECLARING AN
EMERGENCY.
NOW, THEREFORE, the undersigned, GTE Northwest Incorporated, the grantee named in said Ordinance, does
for itself and its successors and assigns accept the terms, conditions and provisions of Ordinance No. and
agrees to be bound thereby and comply thereniih.
IN WITNESS WHEREOF, the GTE Northwest Incorporated has caused this instrument to be executed by its officers
as below subscribed this day of '1993.
GTE NORTHWEST INCORPORATED
By
Received by the City of Tigard
this day of , 1993.
l
COUNCIL AGENDA ITEM a
CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUMMARY
AGENDA OF: January 26, 1993 DATE SUBMITTED: January 14, 1993
ISSUE/AGENDA TITLE: Electric PREVIOUS ACTION:
Li htw ave Franchise Ordinance
PREPARED BY: Wayne Lowry
DEPT HEAD OK CITY ADMIN 041 REQUESTED BY:
Shall the Tigard City Council grant a franchise to Electric Lightwave, Inc. to provide
communication services in the City.
STAFF RECOMMENDATION
Staff recommends the franchise agreement in Exhibit "A" be approved.
INFORMATION SUMMARY
Electric Lightwave Inc. is a telecommunications provider giving commercial customers an
alternative for access to other customers and to long distance carriers. The proposed franchise
agreement is similar to one adopted by the City of Gresham. The Agreement includes the
following:
• 10 year term
• Ability to prescribe how street restoration will be done.
• Set up fee of $3,000 and franchise fee of 5%. City right to change rate.
• City rights to terminate agreement under specific circumstances.
PROPOSED ALTERNATIVES
1. Approve proposed ordinance.
2. Renegotiate terms, then approve.
FISCAL-NOTES
Approval of ordinance will result in $3,000 in general fund revenue to cover City costs in
negotiating the agreement. In addition, the City will receive 5% of gross revenues as defined in
the agreement to be paid each quarter. Because this service is new to this area, it is difficult to
estimae annual revenue but we expect it to be less than $10,000 per year.
NON _ A
~ q 4.enn dom...
COUNCIL AGENDA ITEM 3 a
CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUMMARY
AGENDA OF: DATE SUBMITTED:
ISSUE/AGENDA TITLE: Approve protects PREVIOUS ACTION:
for Streets CIP
A PREPARED BY: City Engineer
__--___=====N==Y====
DEPT HEAD O CITY ADMIN OK - REQUESTED BY:
ISSUE B F THE COUNCIL
Approval of projects to be funded under the Streets Capital Improvement
Program
STAFF RECOMMENDATION
That the Council approve the project funding as recommended by the
Transportation Advisory Committee and that the Council, acting as the Local
Contract Review Board, authorize the City Engineer to advertise for bids on
these projects.
INFORMATION SUMMARY
In September, the Council voted to delete a project for pavement
reconstruction on a portion of Main Street. The Council asked the
Transportation Advisory Committee to recommend alternative projects for
funding. After review of citywide needs and input from citizens, the
Committee has recommended the following new safety projects for funding:
Bonita Road regrading $130,000
79th Avenue shoulder walkway 7,000
96th Avenue sidewalk 53,000
Total $190,000
The Bonita Road project involves raising of the roadway on the east approach
to the railroad crossings and adding shoulders to the east approach. The
project is intended to reduce the sight distance restriction at the crossing,
thereby improving safety at adjoining driveway and street intersections.
The 79th Avenue project will add a paved shoulder walkway between Durham Road
and the existing sidewalk near Bond Street, to improve safety on the
pedestrian route to Durham Elementary School.
The 96th Avenue project will add a sidewalk on one side of 96th between
Sattler and Murdock, to improve safety on the pedestrian route to Templeton
and Tuality Schools. Pedestrian improvements on this street have been
requested by the Templeton PSO and a number of citizens.
Approval is requested to proceed with these three projects and to advertise
for bids when construction drawings are completed.
PROPOSED ALTERNATIVES
1. Approve the priorities as recommended
2. Revise the priorities.
3. Request further review by Planning Commission. (Duties of the
Transportation Advisory Committee are being merged into the Planning
Commission.)
FISCAL NOTES
s. .".°Lson~~eR
The projects will be funded under the Streets CIP using gas
The budget of $190,000 is from project savings in the current fiscal year.
The savings come from deletion of the Main Street project and from savings on
other projects.
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