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City Council Packet - 07/13/1993AGENDA CITE' OF 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 contacting either the Mayor or the City Administrator. Times noted are estimated; it is recommended that persons interested in test;fying 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 Citizen Involvement Teams (CIT's) - Update on Applications for Facilitators Agenda Review 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: June 8 and 22, 1993 3.2 Receive and File: Council Calendar 3.3 Approve Reappointment of Carl Kostol to the Library Board - Resolution No. 93-30 3.4 Authorization for Mayor to sign letter to Washington County regarding Elsner Road/Beef Bend Road Project. COUNCIL AGENDA - JULY 13, 1993 - PAGE 1 7:50 P.M. 4. PUBLIC HEARING (®uasl Judiclal~ ZONE CHANGE ANNEXATION LOCATION: 11925 SW Bull Mountain Road (WCTM 2S1 1013D, tax lot 1000) A request to annex one parcel consisting of approximately 0.74 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). The applicant is requesting annexation for the purpose of connecting the parcel to City sewer line. APPLICABLE REVIEW CRITERIA: Comprehensive Plan Policies 10.1.1, 10.1.2, 10.1.3, 10.2.1, 10.2.2, 10.3.1, 10.3.2 and Community Development Code Chapters and Sections 18.32.020, 18.32.040, 18.32.130, 18.136, 18.138, and 18.138.020 (A)(B). ZONE: R- 4.5 (Residential, 4.5 units/acre) The R-4.5 zone allows single-family residential units, public support facilities, residential treatment homes, farming, manufactured homes, family day care, home occupations, temporary uses, and accessory structures among other uses. a. Public Hearing Opened b. Declarations or Challenges C. Staff Report: Community Development Department d. Public Testimony: Proponents (in favor of annexation) Opponents (opposed to annexation) Rebuttal e. Council Questions/Comments f. Staff Recommendation g. Public Hearing Closed h. Council Consideration: Resolution No. 93-,7~L ( Ordinance No. 93-1-7 p.m. 5. PUBLIC HEARING (Legislative): ZONING ORDINANCE AMENDMENT-20A 93-0004 SOLID WASTE A proposal to adopt a new section (18.116) of the Community Development Code for mixed solid waste recyclables in new multi-family residential and non-residential buildings. APPLICABLE REVIEW CRITERIA: Statewide Planning Goals 1 and 2; Comprehensive Plan Policies 1.1.a, 1.1.2, 2.1.1, 2.1.3, and 7.12.1; Community Development Code Chapters 18.30 and 18.116. a. Public Hearing Opened b. Declarations or Challenges C. Staff Report: Community Development Department d. Public Testimony: Proponents (in favor of amendment) Opponents (opposed to amendment) e. Council Questions/Comments f. Staff Recommendation g. Public Hearing Closed h. Council Consideration: Ordinance No. 93-_ COUNCIL AGENDA - JULY 13, 1993 - PAGE 2 8:30 p.m. 6. COUNCIL REVIEW: UPDATE ON HART PROPERTY CONCERNING TREE REMOVAL ACTIVITY AS REPORTED DURING THE JUNE 22, 1993, VISITOR'S AGENDA a. Staff Report - Community Development Department 8:45 p.m. 7. COUNCIL REVIEW: CAPITAL IMPROVEMENT PROJECTS - CONSIDER ADJUSTMENTS TO PROJECT PRIORITY LIST a. Staff Report (Engineering Department) - Sidewalks or Paths for S.W. Park, Watkins, and 72nd Avenue as Requested by Residents at the 6/22/93 Council Meeting (Adjustments to Priority List). In addition, Staff Report on Approach to Potential Purchase of Link and Shrauger Property. 9:10 p.m. 8. COUNCIL REVIEW: CHARTER AMENDMENTS - UPDATE ON STAFF RESEARCH AND PROPOSALS a. Staff Report - City Administrator 9:30 p.m. 9. PRESENTATION BY NOEL KLEIN REGARDING TIGARD TALKS SURVEY RESULTS. 9:50 p.m. 10. NON-AGENDA ITEMS 10:05 p.m. 11. EXECUTIVE SESSION: The Tigard City Council will go into Executive Session under the provisions of ORS 192.660 (1) (d), (e), & (h) to discuss labor relations, real property transactions, current and pending litigation issues. 10:20 p.m. 12. ADJOURNMENT haecorder\cca\=0713.93 COUNCIL AGENDA - JULY 13, 1993 - PAGE 3 Council Agenda Item T I G A R D C I T Y C O U N C I L MEETING MINUTES - JULY 13, 1993 3. I Meeting was called to order at 6:35 p.m. by Mayor Edwards. 1. ROLL CALL Council Present: Mayor Jerry Edwards; Councilors Judy Fessler, Wendi Conover Hawley, Paul Hunt, and John Schwartz. Staff Present: Patrick Reilly, City Administrator; Dick Bewersdorff, Senior Planner; Janice Deardorff, Human Resources Director (for Study Session only); Carol Landsman, Senior Planner; Bill Monahan, Legal Counsel; Liz Newton, Community Relations Coordinator; and Catherine Wheatley, City Recorder. STUDY SESSION - AGENDA REVIEW Clarification to June 22. 1993 Minutes: Councilor Hunt noted that on Page 6 the following wording needed to be clarified: "Councilors Hunt and Schwartz clarified their support of the concept in response to comments made by Mr. Polans which he said he believed indicated they were not in support. Other areas in the community may benefit from this service if the pilot program is successful." Councilor Hunt noted the above wording indicates he was in support of the Dial-A-Ride program expenditure which is not the case. He advised that he was responding to remarks from Mr. Polans (on June 22) who said Councilor Hunt did not support the program because Summerfield people are affluent enough and do not need the bus. This was not why Councilor Hunt had concerns about expending City dollars for this request. Rather, he noted, he took issue with the Council saying yes to a social service program when a great deal of time and effort was expended by the Budget Committee during the Budget process to allocate the funds among the agencies making requests. He outlined his concerns with approving this item after the Budget cycle was over; it was his understanding that other requests, in the past, were not considered because they came in too late. City Administrator clarified that a social service request (Harmony House) was not declined CITY COUNCIL MEETING MINUTES - JULY 13, 1993 - PAGE 1 last year because of timing. The size of the request was considerably larger than the Dial-A-Ride and the Council did not want to add any new projects going into uncertain financial times. Mayor Edwards added that also there was question as to how many people from the City of Tigard were actually being served by the Harmony House program. Elsner Road/Beef Bend (Agenda Item No. 3.4) Councilor Hunt questioned whether approval of this item would represent encouragement of imminent extension of Murray Road. City Administrator responded that approval would not mean there would be an automatic impact toward completing an extension between Beaverton and Tigard via Murray Road. An agreement entered into by the two cities outlines that Tigard would obstruct traffic between Beaverton and Tigard at Murray until certain Fconditions were met. One of those conditions was the n project. June 8 1993 Minutes: Councilor Fessler clarified Page 2: She noted the County is preparing to construct a pathway between 109th and Fonner Street to Walnut (along the curve) to provide a safer route to Fowler Middle School. CITIZEN INVOLVEMENT TEAMS (CIT'S) - UPDATE ON APPLICATIONS FOR FACILITATORS Community Relations Coordinator Newton and Human Resources Director Deardorff discussed with Council CIT Facilitator selection and training. Council decided that all 22 applicants would be allowed to go through the facilitator training. After completion of training, a committee consisting of three Council members will select the first team of facilitators for each of the four CIT's. During discussion it was decided that the training process would not be used for evaluation of CIT facilitator applicants. The purpose of the training is not to assess but to teach leadership skills. At least two facilitators will be selected for each CIT with a maximum of three and one alternate. Mayor asked each Council member to advise of their availability and if they would like to serve on the CIT facilitator selection committee. Council members will also be able to attend the facilitator training sessions. CITY COUNCIL MEETING MINUTES - JULY 13, 1993 - PAGE 2 - POSSIBLE CODE AMENDMENT City Administrator Reilly reviewed 7/12/93 memorandum to Carol Landsman from Ron Pomeroy concerning definitions for "developed residential property." (Reference Hart property issue raised on June 22, 1993.) Mr. Reilly reviewed the process to amend the Code which includes a 45-day advance notification to LCDC, a Planning Commission Hearing and then a Council Hearing. In the interim, however, Council may elect to direct staff to interpret this area of the Code in a specific manner. There was brief discussion by Council on balancing property owner/developer/business/environmental rights. After discussion, Council asked that an August 17, 1993, meeting with the Planning Commission be called in order to discuss the tree ordinance and whether it should be amended. UPDATE FROM COUNCILOR HUNT - WILSONVILLE SOLID WASTE TRANSFER STATION Councilor Hunt advised that the Wilsonville Solid Waste Transfer Station may be in jeopardy as it appears that Metro is reversing its earlier recommendation for support t of this new facility. The City of Tigard supports the Station because, long term, it is believed that this will be less costly to the ratepayers in this area. After discussion, Council directed City Administrator to have letters prepared to Metro Councilors Devlin and Kvistad reinforcing Tigard's position of support for the Wilsonville Transfer Station. BUSINESS MEETING 2. VISITOR'S AGENDA • Douglas A. Smithey, 11396 S. W. Ironwood Loop, Tigard, Oregon 97223 submitted a letter dated July 13, 1993 concerning 11...the recent bulldozer activity on the Hart property near Hart lake and the way the city handled the problem." (Letter is on file with the Council packet material.) • Pete Davis, 11374 S.W. Ironwood Loop, Tigard, Oregon 97223 also testified about the Hart property (see Mr. Smithey's comments above.) He called for a compromise between development and environmental concerns. CITY COUNCIL MEETING MINUTES - JULY 13, 1993 - PAGE 3 Monahan, noted for the record that he a matter about four years ago.) Sally Sills, 10390 S.W. Grant, Tigard, Oregon 97223, also testified on the Hart property (see comments above). Ms Sills read a letter written by Rita Hart (Ms. Sills mother). Ms. Hart wrote that she remembered thwhen e ..the immediate Ellsons and the Harts were the only ones in . We lost area and the Englewood subdivision ewas built that we used our private buffer and many animals to see...were driven away from the area... We didn't run to City Hall and voice opposition... We realized we were in an urban growth area and progress was inevitable.,, their Mrs. ed Hart in her letter and of harassment towards ~them 1 and memberstoft advised family. the There were council inquiries with regard that incidents being noted harassment allegations with it to the police. should be reported Mayor Edwards reported to those present that thAe gCoou cil and Planning Commission would be holding an 17 joint meeting to consider increased restrictions in the tree ordinance. Council review will this issue as. cites have done to successfully address mayor advised (Note agenda items were rearrange Agenda sIt m 8 wasaheard at his must leave the meeting early. point in the meeting. RESEARCH (Note: Legal Counsel, Bill on had represented Mrs. Hart o 8. COUNCIL REVIEW: AND PROPOSALS a. b. CHARTER AMEMMENTS - UPDATE ON STAFF Staff Report was summarized by the City Administrator. Council discussed information presented in the Council packet. Councilor Hunt noted his preference, and a major reason was to ch the why he wanted a rev the Council fromea,position number to method of electing ositions were vacant and 11 at large. °f For example if two tPa two which received the three candidates were running, most votes would fill the two vacancies. Presently, a candidate must file for a position number. If this proposal was dropped from the amendments to be presented to the voters, Councilor Hunt advised he did not think the expense of the election was warranted. Motion by Councilor Hunt, seconded by Councilor Hawley, to drop the revision work on the Charter. CITY COUNCIL MEETING MINUTES - JULY 13, 1993 - PAGE 4 The motion failed by a 2-3 vote of Council. Councilors Hunt and Fessler voted "yes"; Mayor Edwards and Councilors Hawley and Schwartz voted "no." The majority of Council present decided to proceed with consideration of Charter amendments to be placed for voter approval on the November 2, 1993 ballot. Amendments remaining under consideration include: 1. Eliminate mandatory appointment in the event of vacancy; 2. Eliminate mandatory election in the event of vacancy; 3. Repeal prohibition of interim appointment to vacancy from filing as candidate for position; and 4. Delete resignation requirement to file as candidate for position with concurrent term. (Mayor Edwards left the meeting; Council President Schwartz presided for the remainder of the meeting.) 3. CONSENT AGENDA: Motion by Councilor Fessler, seconded by Councilor Hawley, to approve the following Consent Agenda: 3.1 Approve Council Minutes: June 8 and 22, 1993 (Note: See Study Session minutes above for items which were clarified.) 3.2 Receive and File: Council Calendar 3.3 Approve Reappointment of Carl Kostol to the Library Board - Resolution No. 93-30 3.4 Authorization for Mayor to sign letter to Washington County regarding Elsner Road/Beef Bend Road Project. The motion was approved by a unanimous vote of Council present. 4. PUBLIC HEARING (Ouasi-Judicial): ZONE CHANGE ANNEXATION ZCA 93-0002 BAKER LOCATION: 11925 SW Bull Mountain Road (WCTM 2S1 1OBD, tax lot 1000) A request to annex one parcel consisting of approximately 0.74 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). The applicant is requesting annexation for the purpose of connecting the parcel to City sewer line. APPLICABLE REVIEW CRITERIA: Comprehensive Plan Policies 10.1.1, 10.1.2, 10.1.3, 10.2.1, 10.2.2, 10.3.1, 10.3.2 and Community Development Code Chapters and Sections 18.32.020, 18.32.040, 18.32.130, 18.136, 18.138, and 18.138.020 (A)(B). ZONE: R-4.5 (Residential, 4.5 units/acre) The R-4.5 zone allows single-family residential units, public support facilities, residential treatment homes, farming, manufactured homes, family day care, home CITY COUNCIL MEETING MINUTES - JULY 13, 1993 - PAGE 5 I occupations, temporary uses, and accessory structures among other uses. a. Public hearing was opened. b. There were no declarations or challenges. C. Senior Planner Bewersdorff summarized the staff report. d. Public testimony: None. d. Upon hearing no Council questions or comments, the public hearing was closed. e. RESOLUTION NO. 93-31 - A RESOLUTION INITIATING ANNEXATION TO THE CITY OF TIGARD OF THE TERRITORY AS OUTLINED IN EXHIBIT "A" AND DESCRIBED IN EXHIBIT "B" ATTACHED. f. Motion by Councilor Hunt, seconded by Councilor Hawley, to adopt Resolution No. 93-31. The motion was approved by a unanimous vote of Council present. (Council President Schwartz, and Councilors Fessler, Hawley, and Hunt voted yes.) g. ORDINANCE NO. 93-17 - AN ORDINANCE ADOPTING FINDINGS AND CONCLUSIONS TO APPROVE A ZONE CHANGE (ZCA 93-0002) (BAKER) AND DECLARING AN EFFECTIVE DATE. h. Motion by Councilor Hawley, seconded by Councilor Hunt, to adopt Ordinance No. 93-17. Motion was approved by a unanimous vote of Council present. (Council President Schwartz, and Councilors Fessler, Hawley, and Hunt voted yes.) 5. PUBLIC HEARING (Leaislative)• ZONING ORDINANCE AMENDMENT ZOA 93-0004 SOLID WASTE A proposal to adopt a new section (18.116) of the Community Development Code for mixed solid waste recyclables in new multi-family residential and non- residential buildings. APPLICABLE REVIEW CRITERIA: Statewide Planning Goals 1 and 2; Comprehensive Plan Policies l.l.a, 1.1.2, 2.1.1, 2.1.3, and 7.12.1; Community Development Code Chapters 18.30 and 18.116. a. Public hearing was opened. b. There were no declarations or challenges. C. Senior Planner Bewersdorff summarized the staff report. In response to a question from Councilor Schwartz, Mr. / Bewersdorff anticipated the proposed amendment would i CITY COUNCIL MEETING MINUTES - JULY 13, 1993 - PAGE 6 require relatively little staff time to implement. C: d. Public testimony: None* e. Public hearing was closed. (Note: The proposed Council consideration Staff provided Council f. g• ordinance before Council was in error. of this Item was heard after Item No. 7. with correct copies of the ordinance.) ORDINANCE NO. 93-18 - AN ORDINANCE TO ADD PROVISIONS TO THE COMMUNITY DEVELOPMENT CODE (SECTION 18.116) RELATING TO MIED MULTI-FAMILY SOLID RESIDENTIAL AND NON-RESIDENIAL BUILDINGS. Motion by Councilor Fessler, seconded by Councilor Hunt, to approve Ordinance No. 93-18. PROPERTY ONCERNING 6, REMOVALL AC IIEW: VITY ASDATE REPORTED DURING THE CJUNE 22, 1993E REMOV VISITOR'S AGENDA Mrs, Hart to stake a. Staff was not granted permission by lain does not the wetlands. The City map showing floodP reconcile with a copy of the 1987 map from FEMA. Staff will reconcile to assure the most current FEMA map is being utilized. (Note: See discussion held during Study Session and Visitor's Agenda on this item.) 7. COUNCIL REVIEW: CAPITA IMPROVEMENT PROJECTS - CONSIDER ADJUSTMENTS TO PROJECT PRIORITY LIST Sidewalks or Paths for Staff Report (Engineering Department) _ Residents S.W. Park, Watkins, and 72nd Avenue as Requested by at the 6/22/93 Council Meeting (Adjustments to Priority List). In addition, Staff Report on Approach to Potential Purchase of Link and Shrauger Property. Link/Shrauger Property City Administrator reviewed the information presented in the Council packet. Council also heard requests from property and owner, Jill Link, concerning the effort sell her home discussed proceed h property before the City would purchase. whether the staff should be authorize to Administrator, developing an agreement, as described by City toward the possible purchase of the Link and Shrauger properties. Councilor Hawley noted her concerns of balancing the safety and welfare needs of the rest of the residents of to purchase the City; she was not persuaded that committing Se also was two properties should received priority. concerned with the precedent this may be setting. CITY COUNCIL MEETING MINUTES - JULY 13, 1993 - PAGE 7 Councilor Fessler noted she felt this property was unique because the City "drew the line" for the road, and it is an owner-occupied house on developed, existing residential property. Councilor Schwartz noted he concurred with many or the points expressed by Councilor Hawley. The only reason he has agreed to looking at a purchase of these two properties was because of the specific alignment of the road which definitely affects these two homes. He said this was a unique circumstance. Council discussed basic criteria for the attempted sale by the owners of the property as well identifying the funds to be set aside. Councilor Schwartz clarified that his consideration at this meeting would be to approve the policy and to give permission staff to move ahead with the appraisal. Councilor Hawley advised, for the record, that she disagrees with the policy statement, as proposed, because it gives a false sense of security for people who live in an urban area who must realize that their homes may be subject for removal for certain reasons. This creates a false sense that, if the City draws a line on the map, that the City will purchase the property. It also leaves the City vulnerable to problems because the policy also states that if the criteria are met the City will purchase the property "if adequate funds are available..." Motion by Councilor Hunt, seconded by Councilor Fessler, to instruct the staff to proceed with implementation of the policy as presented with the change that the property must be owner occupied. The motion passed by a majority vote of Council present (3-1). Council President Schwartz and Councilors Hunt and Fessler voted "yes"; Councilor Hawley voted "no." City Administrator advised he would authorize the appraisal. Council consensus was that $330,000 would be set aside pending the appraisal. Capital Improvement List Council affirmed the capital improvement list, with the exception of Pedestrian Improvements and the 130th/Winterlake Bridge design. Council will review these two items again to determine priority and evaluate cost information. 9. PRESENTATION BY NOEL KLEIN REGARDING TIGARD TALKS SURVEY RESULTS. Mr. Klein reviewed major areas of conclusion from the Tigard Talks Survey. In general, residents are fairly pleased with Tigard as a place in which to live. On a scale of 1-10, CITY COUNCIL MEETING MINUTES - JULY 13, 1993 - PAGE 8 respondents give the livability of the city a median average rating of 7.7. Respondents to this survey offer two very clear messages: 1) Work on resolving traffic problems, particularly those associated with Highway 99W, and 2) Manage growth-related issues in Tigard in advance of, or concurrent with, further growth. 10. NON-AGENDA ITEMS • Councilor Fessler announced the upcoming "Tigard Country Daze" event. She is involved with the parade portion of the festivities which will occur on August 21 (Saturday). She invited the Council to participate in the parade. 11. EXECUTIVE SESSION: Cancelled. 6. ADJOURNMENT: 9:35 p.m. Att st: I herine Wheatley, City order j i , -,Mayor, city of Tigard Date: ccm0713.93 4• CITY COUNCIL MEETING MINUTES - JULY 13, 1993 - PAGE 9 E COMMUNITY NEWSPAPERS, INC. P.O. BOX 370 PHONE (503) 684.0360 BEAVERTON. OREGON 97075 Legal Notice Advertising "City of Tigard 13125 SW Hall Blvd. "Tigard, Oregon 97223 AFFIDAVIT OF PUBLICATION " ❑ Tearsheot Notice " ❑ Duplicate Affidavit STATE OF OREGON, ) COUNTY OF WASHINGTON, )as. 1, Judith Koehler being first duly sworn, depose and say that I am the Advertising Director, or his principal clerk, of the ~$ard Tines a newspaper of general eireulaf on ea defined in ORS 193.016 and 193.020; published a 1 ar6-__ in the of esaid cc nd st h 1 esrnR8` Aa y 2W nY,d Waste e printed copy of which Is hereto annexed, was published In the entire Issue of said newspaper for_ ne successive and consecutive In the following issues: July 1, 1993 Subscribed and sworn to bef a me this-_~st -days_Qf 1111y, Notary e Ile for Oregon My Commission Expires: AFFIDAVIT Legal Notice IT 7617 Pi~S RtRTE31 The following will be considered by td a TdWCity.Council on J l3. 1993. at 7:30 P.M.. at Tigard Civic Center. HA Room, W. Hall Boulevard, Tigard, Oregon. FurMzr information may be obtained from the Cammaniry Development Dlroctor or City Rocorder at fdw same location or by calling 639.4171. You are Invited to submit written tes- timony in odvano of ft public hearing, writrsn and 9W testimonyy will be consklered s; ft hearing8. Ito public bowl j; will be condwed in ac- cordance with the rP;ilirabtc ChMner 1532 of the Tigtrd Mw'dcipel Code nd any rules of procedure adopted by the Cotuicil and available at City AC1LbYiR~'. LY: • u (AD NrOs) A proposal to adopt a new section (18.116) of ft Community Develop- ment Code for miucd salad blew in now multi-family re;dden• tial and non-residential bltildingsPLICABLE REVIEW CaZTTE U: Statewide Planning Goals 1 and 2; Comprehensive Plan Palieics 1.1 a, 1.1.2.2.1.1.2.1.3. and 7.12.1; Community Development Co& Chapters c E,r, 18 30--A to 119 ATT®Fi: 11925 S.W. Dull Mountai'i Road (WCTM ?S1 10( BD etax kit 1000). A request to annex one parml c wsdng of 1 roalmatoly 0.74 acfas to the City of Tigand and to change the zone trom Washington „r County R-6(Rcsidcnfial. 6 units/acm) to City of Tigard R 4 5 pieridras- tial, 43 uftiW=e). Tho ~pplica~i 38 regtxttiaZ atinsxatian far tdu pupa of connectingg the parcel W City sewer line. APPLICABLE REVIEW CRITERIA: Comprehensive Plan Policies 10.1.1. 10.1.2,10.1.3. 10.2.1. 10.2.2,10.3.1. 103.2 and Community Development Code Chapters and Sections 18.32.020.18.32.040,1832.130,18.136,1&138. and 18.138.020 (AXB). ZONE: R-4.3 (ReAdmial. 4.3 unitsbue). The R-4.5 zone allows single fsmily residential units, public apppm facilitie6, residential ueat- ment homes, fanning, tusavlackmcd hraaM f attilyday cue, home oc• cupstlons, lemporuy uses, and accerssrq stra mee ttenattg onset rises. TT7617 - Publish July 1. 1993. 1993, CF C;AL SEAL RG6;N A BURGESS NOTARY PUBLIC - OREGON COMMISSION NO. 024552 MY COMM;SS,ON EXPIRES MAY 16.1997 COMMUNITY NEWSPAPERS, INC. P.O. BOX 370 PHONE (503) 6940360 BEAVERTON, OREGON 97075 Legal Notice Advertising s City of Tigard • ❑ Tearsheet Notice att: Terry • 13135 S,: Hall Blvd. • ❑ Duplicate Affidavit Tigard, Or 97223 • • t AFFIDAVIT OF PUBLICATION STATE OF OREGON, )ae COUNTY OF WASHINGTON, ) t•---------------'llitlith Knaiilar being first duly sworn, depose and say that I am the Advertising Director, or his principal clerk, of the Ti oard Timas e newspaper of general cI Aulatio as defined in ORS 193.010 end 193.020; published at_1.7.Sa ! in the aforesaid county and state; that the -CiI-ySounc_il_Jhrai naa_G =tti n~o- a printed copy of which is hereto annexed, was published In the entire issue of said newspaper for Onf`-successive and consecutive in the following Issues: -duly 8,_1993 Subscribed and sworn to befo'e me this 8th (/By Of July-19 3 l• 7i I L' ~l t c - NotaryPu for Oregon My Commission Expires: AFFIDAVIT Tho following trit~edrt/ hlgldi lx patrl't' gr yatu Jrtfomtatfo 1. Legal agendas may be obtained rem tho City orQer. 13125 S.W. Notloe TT 7621 Boulcvud, Tigard, Omgop 97213, ar by tatting 639-4171. Cn Y COUNCIL nusmSS MEETING JULY 13,1993 TIGARDCITY HALL-TOWN HALL 13125 S.W. HALL BOULEVARD, TIGARD, OREGON Council Mccdng (Town Hall Conference Room) (6:30 P.M.) Study Scasion: • Citizen Involvement Teams (CITs) - Update on Applications Facilitators Business. Meeting: • Council Discussion/Rcporu from Staff - Update on Hart Property z..~ - Capitai improvement Projects „ Staff !te{wrt on Sidewalks or Paths for P1 rks/Watkins and S.W. 72nd Avenue and Adjustments to Project Priority List; Link and Shrauger Property Proposal on how to Appraaeh Potential Purchase; - Update from Attorney on Status of NPO 3 Request to Appeal Director's Letter and Related Issues Concerning Development of Taco Bell and Hot 'n Now Property Along 99W and Abutting Neighborhood - Charter Amendments - Update on Staff Research Public Hearings - Tigard Municipal Code Amendment to Add Provision for Mixed Solid Waste and Recyclables Storage Areas (TI/ 18.116) - Annexation Request ZCA 93-0002 (Baker). Location 119 S.W. Bull Mountain Road. A request to annex one par( consisting of approximately 0.74 acres to the City of Ti a to change the zone from Washington Courtly R-6 (Residential units/acre) to City of Tigard R4.5 (Rcsidenual.4.5 uniWau The applicant is requesting annexation for the purpose connecting the parcel to City sewer line. OrriAl. B SEA( Local Contract Review Board Meeting ROBIN A. BURGESS d NOTARY PUBLIC -OREGON Executive Session: The Tigard City Council may go into Executi 02,552 COMMISSION N E XP N0. 18.1 Session under the proviiiiomof ORS 192.660 (1) (d). (e), k h) to disci MY COMMi55K)HE tvIRES MAY 16.1997 labor relations, real property wanstictions. current and pending iitigad issues. TT7621 - Publish July 8, 1993. CITY OF TIGARD, OREGON AFFIDAVIT OF POSTING In the Matter of the Proposed STATE OF OREGON ) County of Washington ) ss. City of Tigard ) 1, ' begin first duly sworn, on oath, depose and say: That I posted in the following public and conspicuous places, a copy of Ordinance Number (s) 43-ill 4- 9 3- I Sr which were adopted at the Council Meeting dated %3, V03 copy(s) of said ordinance(s) being hereto attached an y r rence made a part hereof, on the day of 1. 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 191_ OFFICIAL SEAL CONNIE MARTIN NOTARY PUBLIC OREGON COMMISSION No. 015877 MY COMMISSION EXPIRES JUNE 4, 1996 VI, Notary Public for Oregon My Commission Expires: logtn\Jo\affpost CITY OF TIGARD, OREGON ORDINANCE NO. 93-_ AN ORDINANCE ADOPTING FINDINGS AND CONCLUSIONS TO APPROVE A ZONE CHANGE (ZCA '13-0002) (BAKER) AND DECLARING AN EFFECTIVE DATE. WHEREAS, the City has received a request for annexation signed by Walter and Irene Baker who are the owners of the subject parcel; and WHEREAS, The City Council held a public hearing on July 13, 1993 to consider the annexation request and to consider zoning designations for the property; and AREAS, on July 13, 1993 the City Council approved a resolution forwarding the annexation to the Portland Metro olitan A L Commission; p rea ocal Government Boundary and WHEREAS, the zoning district designation as set forth in Section 1 below is consistent with the City of Ti ard' C g s omprehensive Plan Map. THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: The recommendation of the planning staff as set forth below is consistent with policies 10.1.2 and 10.1.3 of the City's Comprehensive Plan. Tax MaR/Lot Number Current Zoning Proposed Zoning 2S1 10BD / 1000 Wash. Co. R-6 Tigard R-4.5 ( SECTION 2: The properties meet the definition for an established area as defined in Chapter 18.138 of the Community Development Code and shall be desi nated h g as suc 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 u naryimoct 5 vote of all Council memben present after in d b g rea y number and title only, this _13 day of . J:9 9 3 . Catherine Wheatley, Cit Recorder APPROVED: This 13M day of /1993. Approved as to form: Ohn Schcvari3, Count<Z PIV5,den4 Cit Attorney Date ORDINANCE No. 93-1 Page 1 STAFF REPORT July 13, 1993 TIGARD CITY COUNCIL TIGARD TOWN HALL 13125 S.W. HALL BOULEVARD TIGARD, OREGON 97223 A. CASE: Zone Change Annexation 93-02 REQUEST: To annex one parcel consisting of approximately 0.74 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 to obtain sanitary sewer service. IVE PLAN DESIGNATION: Washington County Residential, 6 units per acre. ZONING DESIGNATION: Washington County R-6 (Residential, 6 units per acre). APPLICANT(S):' Walter and Irene Baker 11925 SW Bull Mountain Road Tigard, Oregon 97224 OWNER(S): Walter and Irene Baker 11925 SW Bull Mountain Road Tigard, Oregon 97224 LOCATION: 11925 SW Bull Mountain Road. (WCTM 2S1 10BD, tax lot 1000) 2. Background Information No previous applications have been reviewed by the City relating to this property. 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 2 units per acre. Properties to the east, and west are in the City of Tigard and zoned ZCA 93-02 Staff Report 1 R-2 (Residential, 2 units per acre). All properties to the south are in the City of Tigard and are zoned for single family development at a density of 4.5 units per acre. 4. Site Information and Proposal Description The property to be annexed has - one single family residence with the remainder of the property undeveloped. The property is primarily covered with some trees. The applicant requested that their parcel be annexed into the City of Tigard in order to obtain sanitary sewer service. An existing sewer line is located at the northeast corner of the property to be annexed. 5. Agency and NPO Comments Tualatin Valley Water District, Metro Area Communication, Tualatin Valley Fire District and Portland General Electric have reviewed the proposal and have offered no objections or comments. 6. Police Department's 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; 6.3.1, Established 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: 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. 2. Plan Policy 6.3.1 is satisfied because the area to be annexed is designated as an established area on the development standards map. 3. Plan Policy 10.1.1 is satisfied because the City has ZCA 93-02 Staff Report 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 will not create 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 an established 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, and would allow for potential future development of the parcel. 2. Chapter 18.138 of the Code is satisfied because the property meets the definition for an established area and is designated as such on the development standards area map. C. RECOMMENDATION Based upon the findings noted above, the planning staff recommends approval of ZCA 93-02. ZCA 93-02 Staff Report 3 PREPARED BY: CITY OF TIGARD, OREGON ORDINANCE NO. 93-1g AN ORDINANCE TO ADD PROVISIONS TO THE COMMUNITY DEVELOPMENT CODE (SECTION 18.116) RELATING TO MIXED SOLID WASTE AND RECYCLABLES STORAGE i AREAS IN NEW MULTI-FAMILY RESIDENTIAL AND NON-RESIDENTIAL BUILDINGS. WHEREAS, The City of Tigard finds it necessary to revise the Community i Development Code periodically to improve the operation a:nd I implementation, of the Code; and WHEREAS, The City's Comprehensive Plan Policy 7.12.1 calls for appropriate City participation in Metro's Solid Waste Management Plan; and EqHEREAS, The City of Tigard has included adoption of a model ordinance in its 199293 Waste Reduction Program, a nd 3 WHEREAS, The City of Tigard Planning ommi.ssion reviewed the staff recommendation at a public hearing on , 1993 and voted to recommend approval of the amendment to the City Council; and WHEREAS, The City Council held a public hearing on July 13, 1993 to consider the amendment. THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: The Community Development Code shall be amended as shown in ( Exhibit "A". 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 UOCLn" moa5 vote of all Council members present after being-read by number and title only, this 13` day of 1993. er. ine Wheatley, City Recover 1 ~l APPROVED: This day of 1993 P ` i Approved as to form: +y C~Co~nEj _ 7/ ORDINANCE No. 93- 1~ Page 1 EXHIBIT A -Christer 18.116 Mo D SAL%D wasm~ assn H12Xrr U W 222 A;S IN PiBw T_ AND NQH ~~Q T~9IP.TI..T S4 ~e~ Qt4.Ol1® i 18.116.010 Purpose 18.116.020 Applicability 18.116.030 Definitions 18.116.040 Materials Accepted 18.116.050 Methods of Demonstrating Compliance 18.116.060 Location, Design and Access Standards for Storage Areas A. The purpose of this ordinance is to ensure that certain new construction incorporates functional and adequate space for on-site storage and efficient collection of mixed solid waste and source separated recyclablea prior to pick-up and removal by haulers. A. The mixed solid waste and source separated recyclables storage standards shall apply to new multi-unit residential buildings containing five or more units and non-residential construction that are subject to full site plan or design reviews and are located within urban zones that allow, outright or by condition, for such uses. A. The following definitions apply to ordinance standards dealing with solid waste and recyclables storage areas and not to other chapters of local government development codos. 1. 'Mixed Solid Waste' means solid waste that contains recoverable or recyclable materials, and materials that are not capable of being recycled or recovered for further use. 2. 'Source Separated Recyclables• means, at a minimum, recyclable materials designated 'principle recyclable materials' by the State Environmental Quality commission under ORS 495A.025, with the exception of yard debris. Currently these materials include newspaper, ferrous and non-ferrous scrap metal, used motor oil, corrugated cardboard, aluminum, container glass, office paper, and tin cans (OAR 340-60-030). 3. 'Storage Area• means the space necessary to store mixed solid waste and source separated recyclablee that accumulate between collection days. 4. 'Multi-unit Residential Building, means a structure that contains five or more dwellings units that share common walls or floors/ceilings with one or more units. 5. 'Non-residential Building, means a structure that is used for any non-residential function, including but not limited to office, retail wholesale/warehouse/industrial, educational, and institutional uses. A. " Except as provided for in Section 18.116.050(0) and (1), the storage area must be able to accept at least all •principle recyclable materials• designated by the Oregon Znvironmental Quality commission and other source-separated recyclables the local government identifies by regulation. 1621162950 N thade of D=on®t atin Cg= an e A. An applicant shall choose one of the following four methods to demonstrate compliance$ I 1. Minimum standardai 2. Waste assessmantj 3. Comprehensive recycling plan] or 4. Franchised hauler review and sign-off. Be The following provisions apply to all four methods of demonstrating compliance: 1. Section 18.116.060 of this ordinance (Location, Design and Access Standards), except as provided in 18.116.050((1). 2. The floor area of an interior or exterior storage area required by i this ordinance shall be excluded from the calculation of lot coverage and from the calculation of building floor area for purposes of determining minimum storage requirements. C. Minimum Standards Method 1. Description of Methods This method specifies a minimum storage area requirement based on the size and general use category of the new construction. 2. Typical Application of Methods This method is most appropriate when the specific use of a new building is not known. it provides specific dimensional for the minimum size of storage areas by general use category. 3. Application Requirements and Review Prooodures The size and location of the storage area(s) shall be indicated on the site plan of any construction subject to this ordinance. Through the site plan review process, compliance with the general and specific requirements set forth below is verified. t D. General Requirements is based on the predominant use(s) of The storage area requirement 1• i.e. residential, office, retail, wholesale/ wathe bulge/manufaaturinqo ( . educational/institutional, or other). it that the uses building has use a b building hoe floor or area occupied or by a 1008 e of the floor !area of the buil ing, the oao 20 percent that use shall be counted toward the floor area of the predominant uses (s) . If m building has more than one o the uses listed in herein and that use occupies more than 20 percent of the floor area Of the building, than the storage area requirement for the whole building shall be the sum of the requirement for the area of each use. be combined and a. storage areas for multiple uses on a single site may shared. a. The specific requirements are based on an assumed storage height of 4 feat t for for solid waste/reayalables.~ used to accommodate the snore feet but no higher than 7 feet may ccommo ate the a of ential reduction volume of storage in m reduced Where verticalloor stacked storage is 43% of specific requirements). proposed, the site plan shall include drawings to illustrate t layout of the storage area and dimensions of containers. g~ specific Requirements: « eside~«;~~ bui~dina~ containing 5x10 units shall provide 10 storage area of 50 square feet. Buildings containing more a minimum unit abovea 10* rovide an additional 5 Square feet than 10 residential per unit for _ ~,~i buildings m minimum storage area of 10 shall provide 2. square feet, BSSip_ of e= 4 square feet/11000 square feet gross !loot area (G8A) = 10 square feet/1,000 square feet GFA .+house/Ma urinal 6 square feet/1,000 square feet ~r►..~~eenlaii,s~ GFA 4 square feet/1,000 square feet rnatitutl9~= GFA 4 square feet/1,000 square feet GFA 8. Waste Assessment Method 1. Description of Methods tailors The waste assessment and ariagmethodprogram fore the storage users of aanew assessment a building. a. Typical Application of Methods appropriate when the specific use of a building This and is the most typo and volume of mixed solid waste to be known method generated can be estimated. 4 3. Application Requirements and Review Procedure: a. A pre-conference with the solid waste coordinator/plan check staff is required if the waste assessment method is proposed. The applicant shall obtain a waste assessment form from the local jurisdiction. b. The form shall be used to estimate the volumes of source separated racyclables/mixed solid wasto generated. From this information, the applicant can design a specific management, storage and collection system. Techniques such as a compactor or cardboard baler may be implemented to minimize the square footage of the site which must be set aside for a storage area. C. The waste assessment form shall be completed and submitted with site plans required by the local jurisdiction. The plans must identify the size and location of interior or exterior storage area(s), specialized equipment, collection schedule, etc. required to accommodate the volumes projected in the waste assessment. The solid waste coordinator for the local jurisdiction shall review and approve the waste assessment as part of the site plan or development review process. 4. Specific Requirement: The application shall demonstrate that the mixed solid waste and recyclables volumes expected to be generated can be stored in lose space than is required by the minimum standards method. 0. Comprehensive Recycling Plan Method 1. Description of Method: The comprehensive recycling plan method is most appropriate when an applicant has independently developed a comprehensive recycling plan that addresses materials collection and storage for the proposed use. 2. Typical Application of Methods This method can be used when a comprehensive recycling plan has been developed for a specific facility. It is most suited to large non- residential uses such as hospitals, schools and industrial facilities. The comprehensive recycling plan method can be used for new construction or expansion that is subject to full site plan review. 3. Application Requirements and Review Procedure: The comprehensive recycling plan shall be submitted to the local solid waste coordinator at the same time site plans are submitted for site plan review. The applicant shall submit plans and text that show how mixed solid waste and recyclables generated by the proposed development will be served under a comprehensive recycling plan. The location, design and access standards not forth in Section 18.116.060 are applicable to new storage areas only. H. Franchised Hauler Review Method 1. The Franchised Hauler Review method is only available in jurisdictions which franchise collection service areas because there is certainty as to what hauler will actually provide service to the proposed development, once it is constructed. 2. Description of Methods This method provides for coordinated review of the proposed site plan by the franchised hauler serving the subject property. 3. Typical Application of Methods i This method is to be used when there are unique conditions associated with the site, use or waste stream that make compliance with any of the other three methods infeasible. The objective of this method is to match a specific hauler program (types of equipment, frequency of collection, etc.) to the unique i characteristic(s) of the site or development. The following constitute unique conditionss a. Use of either of the three other methods of compliance would interfere with the use of the proposed development by reducing the productive space of the proposed development, or make it impossible to comply with the minimum off-street parking requirements of the underlying zone. b. The site is of an irregular shape or possesses steep slopes that do not allow for access by collection vehicles typically used by the franchised hauler to serve uses similar in size and scope to the proposed use. C. The proposed use will generate unique wastes that can be stacked, folded or easily consolidated without the need for specialized equipment, such as a compactor, and can therefore be stored in less space than is required by the Section 18.116.050(C) of this ordinance. 4. Application Requirements and Review Procedures The applicant shall work with the franchised hauler to develop a plan for storage and collection of source separated recyclables and mixed solid waste expected to be generated from the new building. A narrative describing how the proposed site meets one or more of the unique site conditions described above plus site and building plane showing the size and location of storage area(s) required to accommodate anticipated volumes shall be submitted for site plan review. Additionally, a letter from the franchised hauler shall be submitted at the same time that describes the level of service to be provided by the hauler, including any special equipment and collection frequency, which will keep the storage area from exceeding its capacity. A. The following location, design and access standards for storage areas are applicable to all four methods of compliances 1. Minimum standards; 2. Waste assessment; 3. Comprehensive recycling plan; and 4. Franchised hauler review. 8. Location Standards 1. To encourage its use, the storage area for source separated recyclables shall be co-located with the storage area for residual mixed solid waste. 2. indoor and outdoor storage areas shall comply with Uniform Building and Fire code requirements. 3. Storage area space requirements can be satisfied with a single location or multiple locations, and can combine both interior and exterior locations. 4. Exterior storage areas can be located within interior side yard or rear yard areas. Exterior storage areas shall not be located within a required front yard setback or in a yard adjacent to a public or private street. 5. Exterior storage areas shall be located in central and visible locations on a site to enhance security for users. 6. Exterior storage areas can be located in a parking area, if the proposed use provides at least the minimum number of parking spaces required for the use after deducting the area used for storage. Storage areas shall be appropriately screened according to the provisions in Section C, Design Standards. 7. The storage area shall be accessible for collection vehicles and located so that the storage area will not obstruct pedestrian or vehicle traffic movement on the site or on public streets adjacent to the site. C. Design Standards 1. The dimensions of the storage area shall accommodate containers consistent with current methods of local collection. 2. Storage containers shall meet Uniform Fire Code standards and be made and covered with waterproof materials or situated in a covered area. 3. Exterior storage areas shall be enclosed by a sight obscuring fence, wall, or hedge at least six feet in height. Gate openings which allow access to users and haulers shall be provided. Gate openings for haulers shall be a minimum of 10 feet wide and shall be capable of being secured in a closed and open position. 4. Storage area(s) and containers shall be clearly labeled to indicate the type of materials accepted. D. Access Standards 1. Access to storage areas can be limited for security reasons. However, the storage area shall be accessible to users at convenient times of the day, and to collection service personnel on the day and approximate time they are scheduled to provide collection service. 2. Storage areas shall be designed to be easily accessible to collection trucks and equipment, considering paving, grade and vehicle access. A minimum of 10 feet horizontal clearance and a feet of vertical clearance is required if the storage area is covered. 3. Storage areas shall be accessible to collection vehicles without requiring backing out of a driveway onto a public street. If only a single access point is available to the storage area, adequate turning radius shall be provided to allow collection vehicles to safety exit the site in a forward motion. AGENDA ITEM NO. 2 - VISITOR'S AGENDA DATE: July 1S. 1993 (Limited to 2 minutes or less, please) Please sign on the appropriate sheet for listed agenda items. The Council wishes to hear from you on other issues not on the agenda, but asks that you first try to resolve your concerns through staff. Please contact the City Administrator prior to the start of the meeting. Thank you. NAME & ADDRESS TOPIC STAFF CONTACTED 7 `1-1 z~ 3 S )DIG 9W t 1 4- Ro -Lv+~ dl9 nl` 472 5 ~t3-7-1 Sw '1M w 4 Lcc~ ~ ro t 050 sWU.10.'v1V S w"A - ogin o v sitors.s t i 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 ITE61i'd NO. 4 4 DATE: July 13, 199A PUBLIC HEARING (GUBSI-Judicial): ZONE CHANGE ANNEXATION ZCA 93,0002 MAKER LOCATION: 11925 SW Bull Mountain Road (WCTM 2S1 101313, tax lot 1000) A request to annex one parcel consisting of approximately 0.74 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). The applicant is requesting annexation for the purpose of connecting the parcel to City sewer line. APPLICABLE REVIEW CRITERIA: Comprehensive Plan Policies 10.1.1, 10.1.2, 10.1.3, 10.2.1, 10.2.2, 10.3.1, 10.3.2 and Community Development Code Chapters and Sections 18.32.020, 18.32.040, 18.32.130, 18.136, 18.138, and 18.138.020 (A)(B). ZONE: R-4.5 (Residential, 4.5 units/acre) The R-4.5 zone allows single-family residential units, public support facilities, residential treatment homes, farming, manufactured homes, family day care, home occupations, temporary uses, and accessory structures among other uses. PLEASE SIGN IN TO TESTIFY ON THE ATTACHED SHEETS No sq~n _ 1 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. 5,7, DA? E „ July .13, 1993 PUBLIC HEARING (LegiSla#ive)' ZONING ORDINANCE AMEN12 MIENT ZOA 93,0004 SOLID WASTE A proposal to adopt a new section (18.116) of the Community Development Code for mixed solid waste recyclables in new multi-family residential and non-residential buildings. APPLICABLE REVIEW CRITERIA: Statewide Planning Goals 1 and 2; Comprehensive Plan Policies 1.1.a, 1.1.2, 2.1.1, 2.1.3, and 7.12.1; Community Development Code Chapters 18.30 and 18.116. PLEASE SIGN IN TO TESTIFY ON THE ATTACHED SHEETS w Std MEMORANDUM CITY OF TIGARD, OREGON TO: Patrick J. Reilly, City Administrator FROM: Liz Newton, Community Involvement Coordinator J DATE: July 6, 1993 SUBJECT: CIT Facilitator Discussion At the City Council meeting of July 13, we have scheduled a discussion on the CIT Facilitator applications. As of this writing, we have received 19 applications. There are at least 3 applications for each CIT area and in the central CIT, there are seven. The next step in the program is the Facilitator selection. The Facilitators will play a key role in the success of the program. The selection process needs to be designed to ensure the Facilitators chosen posses the skills and abilities to carry out the responsibilities. The Council needs to decide the following: 1). The composition of the CIT Facilitator interview panel. 2). How the selections will be made. 3). The personal traits or qualities to look for in candidates. Below are alternatives and recommendations for each. 1). The CIT Facilitator interview panel. OPTION A: Three City Councilors serve as the interview panel. Janice Deardorff and I participate by guiding the process (providing interview questions, scoring matrix etc.) The interview V~ Mp°'t'"~ panel is authorized to make the final decisions. OPTION B: Two City Councilors serve on the interview panel with Janice or me. Janice and I guide the process. The interview panel either is authorized to make the final decision or makes a recommendation to the full Council. RECOMMENDATION: OPTION A. This allows a majority of council to make the decision without involving the full Council in a time consuming interview process. It also eliminates the need for the Councilors who are not on the interview panel to vote without the information that may be gained in the interview process. 2). How to decide on Facilitators. As mentioned above we have more applications than positions to be filled. Below is a list of items that may be important. Council may want to revise this list. • Geographic representation • Professional mix • Demographic mix • General civic and community involvement • History with NPOs (may be used as a tie breaker). Another related issue is how to determine who will be appointed to which of the three staggered terms. 3). The personal traits or qualities to look for. The following list was presented to Council at the June 8, 1993 meeting. Councilors may have additional revisions to this list. ( Interested in pursuing a broad range of issues, not focused on resolution of one issue. • Recognize the importance of different opinions. • Ability to be articulate. • Ability to communicate with all types of people. • Good listening skills. • Leadership qualities. • Self assured, confident. • Ability to deal with conflict. Once the Council provides direction on the interview panel, how to decide on Facilitators, and the qualities to look for, Janice and I will proceed. We will develop interview questions and a decision matrix based on Council direction. I will coordinate and schedule the interviews sometime in the next two weeks. t MEMORANDUM CITY OF TIGARD, OREGON TO: Honorable Mayor and City Council FROM: Patrick J. Reilly, City Administrator DATE: July 6, 1993 SUBJECT: Study Session, July 13, 1993 I would appreciate Council direction on the following two items. 1. OREGON TRANSPORTATION PLAN: LOC is requesting cities adopt the attached resolution in support of the plan. I have enclosed various support material. I have also spoken with Tom Brian who chairs the subcommittee and expressed our support. If Council is willing and supportive of the plan, I would encourage adoption of the resolution during non-agenda. If more information is needed, please advise. 2. METZGER PARK: A long time ago, Council asked Washington County to redraw the LID to exclude properties now within the city limits. The request was submitted to the county with no response. During review, the county determined that if a county extends an LID into a city, the extension must be approved by the City Council. Thus, to continue the LID assessment, council must authorize the county to do so. County staff has asked me to determine the Council's attitude toward this matter. Apparently the Council, during the Metzger Annexation in 1986, indicated to the Boundary Commission the city's willingness to continue with the LID arrangement if the Metzger Community so wished. PJR/j h attachment h:\login\pat\study r League of ®U re on Cities Local Government Center, 1201 Court St. ME, P.O. Box 928, Salem 97308•Telephone: (503) 588-6550; 1-800-452-0338 toll free; FAX: 378-5859 July 2, 1993 TO: City Managers, Administrators and Recorders JAL 9993 L►~~,v jj FROM: Val Paulson, Sr. Staff Associate RE: Oregon Transportation Plan Financing Package Some cities still have reservations about the Oregon Transportation Plan and what it will do for them. We want you to understand how it will affect your city. Then, if you can, we would like you to contact your legislators and urge that they vote for the key transportation package bills. WHAT DOES THE OREGON TRANSPORTATION PLAN DO FOR MY CITY? I am enclosing copies of two estimates that illustrate the financial impact that the most important transportation bills now before the legislature will have on individual cities. Cities should be aware that passage and implementation of the financing package would provide substantial resources for streets, roads and bridges. Highway Funding The first enclosure is a list, dated June 29, 1993, that estimates the increase in available highway funding over the period 1993 to 1998 if three of the OTP bills pass. The bills are: • HB 2415, which provides for a gas tax increase of 3¢ in each of the next two years; • 1-113 2416, which increases vehicle registration fees. For automobiles, a $15 increase that is dedicated to highway purposes would take effect on January 1, 1994; an additional $20 would be imposed on January 1, 1995. The $20 amount will also go into the Highway Trust Fund unless voters approve a constitutional amendment proposed by HJR 7, in which case that sum will be available for public transportation and other projects. (Details are provided below.) (over) OFFICERS Mike Lindberg, Commissioner, Portland, President • DIRECTORS- Larry GnBith, Councilor, Baker City • Roger Jordan, City Manager, Dallas • Di Lyn Larsen-Hill, Mayor, La Grande Charles vars. Mayor. Conrallis. Vice-President • Marion Rossi. Mayor, • Randy MacDonald. Councilor. Eugene • Joe McLaughlin, Immediate Past President • Bill Peterson, City Manager. Grants Independence, Treasurer • Richard Townsend. Executive Director. Pass • Susan Reid. Councilor, Ashland Bill Riegel. Councilor. Salem, • Steve Stole, Mayor, Tualatin. P,.- m Rain, • Prim • HB 2456, which accelerates the sunset date and effectively repeals the ethanol tax credit. Public Transportation Funding The second list shows the annual funds that can be controlled by cities if the constitutional amendment proposed by HJR 7 is passed. The formula is somewhat complicated. These funds would first have to be used for projects that promote public transportation and improve air quality, but--if all those needs have been met in a community--the funds could be used for highway purposes. The plan also provides a financial incentive for cooperation among the various transportation jurisdictions within a county area. If HJR 7 does not pass, the funds are included and distributed with other Highway Trust funds. Examples Some examples may be useful: 1. The City of Coquille would receive an estimated additional $322,197 in Highway Trust funds over the initial six-year period. In addition, If HJR 7 passes, Coquille could control a share of an annual figure of $466,164, which would be allocated among the 7 cities in the county that are not covered by a transit or transportation district. 2. The City of Albany would receive an additional $2,667,545 over the six-year period in Highway Trust funds. Since Albany operates a fixed-route transit system, it should receive an extra $602,006 annually if HJR 7 passes. 3. The City of Pendleton would receive an increase of approximately $1,206,871 in six-year Highway Trust funds and would control-along with the other 11 cities in Umatilla County--a proportional share of an additional $463,681 per year if HJR 7 passes. ACTION NEEDED URGENTLY! If you have not already done so, the League urges you to consider adopting a resolution supporting the Oregon Transportation Plan funding package. Whether or not you do, however, we also urge you to contact your legislators immediately and ask that they support HB 2415, HB 2416, HB 2456 and HJR 7. it is important that they understand that the Oregon Transportation Plan funding package does more than provide the tools and resources that Oregon needs to be consistent with federal transportation policy and funding. The financing plan will allow cities to continue to meet their street, road and bridge maintenance and preservation needs. As always, if you have questions about the bills or the financing package, please don't hesitate to call Val Paulson at the League. Benefits - Portland Metro Area Clackamas, Multnomah, & Washington Counties Vision To meet Oregon's future population needs, the Oregon Transportation Plan (the state's transportation policy) envisions the development of an expanded and integrated transportation network of highways, intercity bus, transit, rail, marine, aviation, bicycle and pedestrian facilities. Oregon Transportation Plan Benefits The Oregon Transportation Plan (OTP) contains the following benefits for Portland metropolitan area residents. Funding from the OTP 1993 legislative financial package will advance these proposals. Aviation • Support improvements to increase commercial air service connections between Portland, smaller Oregon cities and other national international cities. • Support intercity connections by improving services at general aviation airports. • Support expansion of air freight handling capabilities at Portland International Airport. ( Bicycle/Pedestdan • Construct additional bikeways and pedestrian walkways in urban areas. Highway • Expand use of demand management techniques, including ridesharing and high occupancy vehicle lanes on freeways and arterials, to improve highway capacity and reduce congestion. • Continue to implement the Access Oregon Highway program for U.S. 26 and 30 and Oregon Highway 99W. Intercity Bus and Transit • Expand urban transit services including park and ride facilities. Complete the light rail system already planned. • Expand commuter transit service to nearby communities. • Establish hourly intercity bus service to major cities along I-5 in the Willamette Valley. • Develop intercity passenger bus services that allow at least one round trip to be made within a day between Portland and Astoria/Seaside and Tillamook. • Provide direct connections between intercity bus, air, rail, airport limousine services and local transit services; and intercity passenger connections with local public transit services and elderly and disadvantaged service providers. • Develop an intermodal passenger terminal. Port • Connect railroads and trucking lines to port facilities to enable the Port of Portland to operate in the international marketplace. • Deepen the Columbia River channel. The project depends on the results of the Corps of Engineers' feasibility study. Bail - Freight • Provide uncongested highway freight access to intermodal truck/rail terminals during off--peak periods. • Develop intermodal rail/truck facilities in Portland as the market demands. Rail - Passenger • Implement high speed train service traveling between Seattle and Eugene and running at increased frequencies. Additional Improvements • Make specific regional transportation improvements that are included in the Metro Regional Transportation Plan. This plan will become part of the OTP when it meets performance guidelines. Improvements are expected to carry out LCDC Transportation Planning Rule 12 reductions in vehicle miles travelled per capita and local land use plans for compact cities within the urban growth boundaries. Six-Year Program Benefits The Six-Year Transportation Improvement Program for 1993-1998 schedules a number of improvements that will benefit Portland metropolitan area residents. The following are examples of projects that the Department of Transportation will carry out during the next six years. Bicycle/Pedestrian • Construct bikeways and walkways whenever, in general, highways, roads or streets are being constructed, reconstructed or relocated. • Widen Barbur Boulevard to provide bike lanes between Terwilliger Boulevard and SW Hamilton Street, and add bike lanes to Multnomah Boulevard between SW 71st Avenue and Barbur. Highway • Retrofit the Marquam Bridge (I-5) with earthquake fittings. Complete projects related to the westside light rail project: • Widen U.S. 26 from Cedar Hills Boulevard to S.W. 76th Avenue. • Construct the Golf Creek Access Road. • Widen U.S. 26 and improve the zoo interchange. • Widen Oregon Highway 217 and reconstruct interchange ramps near Sunset Highway. Provide funds to construct the Hillsboro light rail transit facility. Widen U.S. 26 from Murray Road to Oregon Highway 217 to six lanes. • Widen I-84 from NE 181st to Troutdale to six lanes and construct interchanges. • Provide motorist advisory message signs on I-5 and U.S. 26. Widen and realign Oregon Highway 47 to tie into the Forest Grove bypass. • Reconstruct the Stafford interchange and the bridge over I-5. • Widen Oregon Highway 8, and construct sidewalks and a bikeway in Hillsboro. • Provide rockfall protection for five miles on Oregon Highway 99E near Oregon City. • Construct a freeway to freeway interchange on I-5 and Oregon Highway 217[Kruse Way. • Construct ramps from Marquam Bridge (I-5) to Grand and Union Avenues. • Construct the Sunnybrook interchange on I-205. • Repair joints on the St. Johns Bridge. Transit (during federal fiscal year 1993) • Provide matching funds to construct the westside light rail. • Purchase small buses and accessible vehicles, and fund planning and demonstration projects for Tri-Met. • Provide support for special transportation services for senior citizens and people with disabilities in the tri-county area. (not shown in TIP) MEMORANDUM S7z.~ SeSS Vtti CITY OF TIGARD, OREGON 7 /13Jc3 TO: Carol Landsman fits FROM: Ron Femero% zL- DATE:July 12, 1993 SUBJECT: Additional definitions for "Developed Residential" The Community Development Code does not currently provide a definition for the term "Developed Residential Land". Below are five definitions which provide.a range of parameters. 1) Developed residential land is that land which includes a habitable structure and is not large enough to be further partitioned or subdivided. 2) Developed residential land is that land which is within 100 feet of the perimeter of a habitable structure. 3) Developed residential land is that land which is one acre in size or less and includes at least one habitable structure. 4) Developed residential land is that land which possesses a Floor Area Ratio (FAR) of 1:5 or greater. (i.e. A 7,500 square foot lot which contains a residence which is at least 1,500 square feet in size; a 15,000 square foot lot which contains a residence which is at least 3,000 square feet in size; etc...) 5) Developed residential land is that land which possesses a Floor Area Ratio (FAR) of 1:10 or greater. (i.e. A 15,000 square foot lot which contains a residence which is at least 1,500 square feet in size; a 30,000 square foot lot which contains a residence which is at least 3,000'sguare feet in size; etc...) I contend that definition number one best meets the intent of the purpose statement of Community Development Code Section 18.150 which states: The purpose of this chapter is to prohibit the unnecessary removal of trees on undeveloped lots in the City prior to the development of those lots. At the time of development it may be necessary to remove certain trees to accommodate structures, streets, utilities and other needed or required improvements within the development. The more liberal the definition of Developed Residential Land, the more "at risk" the remaining trees are which are located on Tigard's remaining developable residential land. MEMORANDUM CITY OF TIGARD, OREGON TO: Pat Reilly FROM: Carol A. Landsman cA DATE: July 8, 1993 SUBJECT: Goal5 The following is a chronology of our dealings with DLCD regarding Tigard's goal 5 periodic review. It has been a convoluted process, in part because new case law seemed to change definitions of what constitutes an inventory. For DLCD purposes, an inventory is a list of natural resources that have been evaluated and sorted as 'significant' and 'not significant' based on that evaluation. In spite of the confusion and the somewhat painful process that may or may not have much ( `o do with wetlands protection, I think it is important for Tigard to evaluate its natural resources and determine what it wants to protect and how. We should not confuse the administrative process with the public policy issues and good natural resource planning. Tigard's natural environment is a plus for quality of life as well as property values. June 1992 We received a letter from DLCD, (attachment one) (that incidently went out to the public before we received it) stating that because an objection had been received regarding our wetlands inventory, we were required to explain why Hart Lake as well as other wetlands in the SRI report were not included in our inventory. Alternatively, we could include them and complete the goal five process including determination of significance and protection strategies. June-September 1992 Staff had numerous discussions with DLCD staff regarding what actions Tigard needed to take to complete its periodic review process. September 1992 Staff received a second letter from DLCD, (attachment two) stating that because we had conducted a study of our wetlands (the SRI study) we had adequate information to determine the quality of these sites and to conduct an inventory process including determination of significance and development of protection strategies based on balancing the value of the wetland with economic, social and environmental factors. This letter went on to indicate that we did not need to change our existing ordinance, just apply it to the wetlands in the inventory. October 1992 - March 1993 Staff completed the goal five process as outlined by DLCD. April 1993 Staff submitted goal five report to DLCD which reviewed it favorably, going so far as to tell other communities Tiigard's was a good example. May 1993 Staff took wetlands map and goal five report to NPOs for citizen input. Citizens identified 12 potential wetland areas not identified on map. Staff hired SRI to assess these areas. June 1993 DLCD informed staff (attachment three) that because the SRI study only assessed wildlife habitat, Tigard does not have enough information to conduct an inventory process. Tigard must, therefore, adopt a program (called 1 B process) stating how it will complete the goal five wetlands process. This will entail further study of wetland functions such as erosion control and water recharge value. We do not need to do this assessment to be in compliance; we only need to adopt a plan stating how and when we're going to do this. Staff has requested a cost estimate from SRI. DLCD recommends Tigard apply for one of its wetlands inventory grants which must have a 50% local match. Last year only 4 of 20 were funded. DLCD also maintains that Tigard must change its ordinance (I assume, offer completion of inventory process) because it cannot rely on other government agencies to protect its wetlands. Because staff questioned this, DLCD is now seeking a legal opinion from the Attorney General. WHAT NEXT? So, this is what has been going on over the last year regarding our quest to be in compliance with DLCD goal five regulations. What we must do now to be in compliance is: A adopt a program for completion of the goal 5 process including activities and timeline. Then according to our timeline we can complete our wetlands inventory. We do not do this to be in compliance. SRI suggests the assessment will cost about $10, 0. As mentioned earlier, we can apply for a 50% grant. Now, regarding natural resource planning in general, staff is planning to ask CIT members to participate in a self-selected citizen group to evaluate the existing natural resource plan policies and strategies and make recommendations. This will be part of the local visioning and plan review process we will undertake this fiscal year. We are collecting information on our existing wetlands including public/private ownership and parcels that are more than 85% wetlands to identify any potention takings issues. We are reviewing the status of natural areas identified in the 1983 comprehensive plan. We are mapping all open spaces and will assess them for their potential as buildable land or natural area. We have $5,000 in the budget to assess forest lands in Tigard, although we may choose to apply that to the necessary wetlands study. l PH/Wet.Mem July 8. 1993 INW- SA A -E, 2q lM t L"&, S O A-a 41,o-16a-p- -loo June 2, 1992 Ed Murphy Community Development Director 13125 S.W. Hall Blvd. PO Box 23397 Tigard, OR 97223 s Dear Mr. Murphy: We have received an objection from Doug Smithey to the city's final periodic review order. Specifically, the objection is that the order does not include a specific wetland site on its Goal 5 wetlands inventory. As provided by OAR 660-16-000(5)(a): P~4 i -"The local government is not required to justify in its comprehensive plan a decision not to include a particular site in the plan inventory unless challenged by the Department, objectors or the commission based on contradictory information." (emphasis added) The objection is based on information contained in a wetlands report conducted for the city in 1989 by Scientific Resources, Inc. Mr. Smithey claims the report demonstrates that a wetland site (labelled B-2 in SRI's report) provides valuable wildlife habitat and should be determined "significant" and protected under Goal 5. We agree the SRI report does provide information that supports the objection. For this reason, the City of Tigard is required to explain, in writing, why this site was not included on the plan inventory. In the alternative, the city may decide to label the site as "significant" and complete the Goal 5 process. Until one of these options has been completed, the city's periodic review cannot be terminated. ii addition, it appears that the city has chosen n3t_ to inventory any of the wetland sites discussed in the SRI wetlands document, since the city is still using the wetlands inventory map developed in 1984. Considering that the SRI report is certainly specific concerning location, quality and quantity of specific resource sites DEPARTMENT C LAND CONSERVATION AND DEVELOPMENT Barbara Roberts Governor a.--- 1175 Court Street N) Salem, OR 97310-051 (503) 373-0050 r . v M01% W,') (',70-, Ed Murphy -2_ June 2, 1992 and addresses wetlands that could be considered "significant," we request an explanation of why none of these sites were inventoried. If you have any questions and would like information regarding wetlands and Goal 5, please call Lynn Beaton at 378-8009. Sincerely, Michael J. Rupp Plan Review Manager <wet> cc: Doug Smithey Mel Lucas t s 4~ r Y September 21, 1992 Carol Landsman Senior Planner 13125 S.W. Hall Blvd. PO Box 23397 Tigard, OR 97223 Dear Ms. Landsman: The Department has reviewed the City of Tigard's existing wetlands ordinances to determine compliance with Statewide Goal 5. Based on this review, we have the following observations and recommendations. Problem with Tigard's Current Wetland Ordinances: The City currently makes decisions regarding the protection and development of wetlands without first having gone through the Goal 5 ESEE balancing process. Tigard's current ordinance states that wetlands are. "sensitive lands" and are "potentially unsuitable for development..." (Ordinance 18.84.010(A)). Later ( sections of Chapter 18.84 list which uses of wetlands are permitted and which are prohibited. These ordinances constitute a regulatory wetlands program. However, Statewide Goal 5 requires that a jurisdiction must determine significance and balance conflicting uses of specific sites before developing a program to regulate wetland sites. (See OAR 660-16-000). Your existing ordinance also states that wetland locations "may include but are not limited to those areas identified" in the 1990 Scientific Resources Incorporated maps. (Ordinance 18.84.028). This is not appropriate under Goal 5. The City may only regulate areas clearly defined on an adopted inventory. Otherwise, the public will not have certainty as to what areas will be regulated. This is contrary to the purpose and language of the Goal. Goal 5 Requirements: 1. Based upon current information, the City must determine which of its wetlands are "significant." Jurisdictions may have an inventory of "potential" resource sites if there is not yet adequate information DEPARTMENT OF LAND CONSERVATION AND DEVELOPMENT Barbara Roberts Govemor 1175 Court Street NE Salem, OR 97310-0590 (503) 373-0050 FAX (503) 362-6705 Tigard Wetlands 2 September 21, 1992 to determine the quality of these sites. This means that if the t City had only inventoried the location and quantity of the wetlands, (and not obtained information on their value as wildlife habitat), it would not be necessary to complete Goal 5 at this time. Instead, due to a lack of "quality" information, you could defer the determination of significance until a later time. However, the information contained in the Scientific Resources Incorporated report addresses wetland location, quantity, and quality. Given that the City now has available information addressing all three elements, it is necessary to determine which sites are "significant" and complete the Goal 5 process. (OAR 660-16-000(5)). Sites which are determined not significant do not need to be included on the City's final inventory. Recommendations: a. Decide which of the wetlands included on the inventory are "significant." For example, perhaps decide that wetlands ranked in the SRI report as Class 1 or 2 are to be considered "significant" and Class 3 and 4 wetlands are not. You should be aware that, for the sites you decide are not significant, the SRI report should support your reasoning. This agency, for one, would question a determination that sites are not significant if the SRI report indicates they have high wildlife habitat value. b. A review of the SRI report on Tigard's wetlands indicates that the wetlands along drainageways, specifically Fanno Creek, provide the most valuable wildlife habitat. (No other functions or values were assessed by SRI.) For this reason, the City should focus its Goal 5 evaluation on Fanno Creek and its associated wetlands. 2. After determining "significance," the City must develop a program to protect the significant wetlands. For significant wetlands that have potential conflicts, an ESEE balancing test must be performed to balance conflicting uses against the resource values. (OAR 660-16-005). Based on this balancing test, a program must be developed specifying which sites are to be protected and which can be developed. (OAR 660-16-010). The sites that should be protected are all those in which the resource values outweigh the value of the conflicting use. If a site is not protected, the city must demonstrate that the value of the conflicting use outweighs the resource values. The third option is to limit conflicting uses and maintain some protection of the resource site. Tigard Wetlands 3 September 21, 1992 Recommendations: a. In most cases, the ESEE process can be fairly general; similar wetlands can be grouped by biological type and land use zone. For wetlands with unusual or unique biological or development potential, a more site-specific analysis needs to be conducted. b. Keep your current ordinances. Simply apply them only to the wetlands you determine are significant and map as such. c. You may wish to add ordinances addressing the removal of vegetation. Neither state nor federal law regulates this and much damage can be done to wetland values simply by removing the vegetative cover, without moving any dirt. The Department is aware that the City is working to complete a "tree" ordinance. Perhaps this ordinance could also address removal of herbaceous and scrub-shrub vegetation in wetlands. The preceding issues must be addressed before Tigard's Periodic Review can be terminated. The following is a suggestion only: Request that DSL approve the SRI inventory as meeting the "Local Wetlands Inventory Standards" set forth in OAR 141-86-180 to 141-86-240. Once approved by DSL, permits will be required from the state before development can occur within these sites. This will result in better protection of valuable wetlands and will reduce the number of enforcement actions taken against landowners who build without first obtaining the necessary permits. It will also help ensure consistency between the DSL and DLCD programs. Again, although we recommend that you request DSL approve your inventory, you are not required to do so. The DSL L-and DLCD processes are separate and the City does not have to obtain a DSL certified inventory before Periodic Review can be terminated. If you should require additional assistance as you complete the Goal 5 process for wetlands, please contact me at 378-6127. Sincerely, ~w Lynn D. Beaton Wetlands Specialist tigard.2 RECEIVED .;;!L p 1 I99,4 June 30, 1993 Carol Landsman Senior Planner 13125 SW Hall Blvd. PO Box 23397 Tigard, Oregon 97223 Dear Ms. Landsman: This letter is in regard to the City of Tigard's Periodic Review and relates to our conversation of June 10, 1993. During this conversation, we discussed several planning options that will allow Tigard to address outstanding wetland issues and close Periodic Review. Those options are set out below. We believe that the Oregon Supreme Court's interpretation of Goal 5 in Columbia Steel Casting v. City of Portland, 314 Or 422; P2d (1992), adds complexity to the Goal 5 process. As a result, we believe that local jurisdictions must have more information about Goal 5 wetland resources than previously anticipated. This information is necessary to conduct adequately the required ESEE consequences analysis. Specifically, in order to proceed through the required ESEE analysis, we believe that jurisdictions must have information available that relates to a wetland's functions and attributes. As you know, local jurisdictions may not regulate a Goal 5 resource without completing the procedural and substantive requirements of Goal 5. We feel that jurisdictions that overlook this restriction or the Columbia Steel Casting decision will be highly vulnerable to legal challenges. Consequently, we met to discuss planning options that may allow Tigard to address its remaining wetland issues and close periodic Review with a minimal amount of liability. Our discussions are premised with the following understandings: 1) Tigard has conducted a wildlife habitat assessment for most, if not all, of the sites the City terms wetlands, 2) the City has not assessed other wetland functions and attributes and 3) that the assessment completed will fulfill the required Goal 5 inventory for wildlife habitat but not for wetlands. DEPARTMENT OF LAND CONSERVATION & DEVELOPMENT Barbara Roberts covemor 800 NE Oregon St. k 18 Portland, OR 97232 (503) 731-4065 FAX (503) 731-4068 Carol Landsman Page 2 June 30, 1993 Of the options discussed, we focused on two in particular. First, the City can view those wetlands with wildlife habitat assessments as Goal 5 wildlife habitat resources. For these resources, the City can enter the Goal 5 process which includes identifying conflicting uses, ESEE consequences analysis, conflict resolution, adopting appropriate ordinances for these resources. However, because the City lacks the necessary information concerning the wetland functions of these same areas, Tigard can determine that there is insufficient information available to the city and place these wetlands in the "1B" category. Once sufficient information is available, you will initiate the Goal 5 process and develop regulations based on the analysis of the additional functions these areas provide as wetlands. The second option, which we understand is the City's preferred option, is for the City to ignore the wildlife habitat information and define the wetlands as "1B" resources because there is insufficient information relating to wetland functions and attributes. Again, once sufficient information is available, the City will proceed through the Goal 5 process for these sites as wetland resources. Both options require the City to respond to the existing challenge brought by Doug Smithey. However, based on conversations between Mr. Smithey and our staff, we understand the Mr. Smithey will withdraw his challenge to the City's Periodic Review if the city meets certain conditions. First, the City must agree to establish a time frame for completing Goal 5 for wetlands. This is also required as part of the "1B" decision. Second, the City will have to define the criteria they will use to determine "significant" wetlands. This is not required by DLCD but is a negotiating point between Mr. Smithey and the City. Third, to assist the City to meet the requirements of Goal 5 as interpreted by the Columbia Steel Casting court, the City should apply to DLCD and DSL for a competitive wetland planning grant. The Department has already provided the City with the 1992-93 grant application which, although dated, contains important explanatory information regarding the grants that will not be modified for the 1993-99 grant process. we understand that the "Fans of Fanno Creek" is willing to assist the City apply for this grant. We further understand that Mr. Smithey will withdraw his challenge if the City meets these conditions. However, we suggest that the City contact Mr. Smithey to clarify his position in this matter and to formalize his agreement to the City's preferred planning option. In addition, you should understand that in the future, to meet the Goal 5 requirements for a resource subject to a "1B" classification, your jurisdiction can not rely on the state and federal regulatory system as a protection program. Tigard will Carol Landsman Page 3 June 30, 1993 have to adopt a program based on identification of conflicting uses and supported by your ESEE analysis. If you have any questions regarding this matter or require assistance as you complete your Periodic Review, please contact Mike Rupp or me at (503) 373-0050. Sincerely, Jam s Sitzman nt rgovernmental Services Manager cc: Mike Rupp, DLCD Mel Lucas, DLCD Frank Flynn, DLCD File t Vis 1 s 0 July 13, 1993• Ti.qard City Council There's no doubt to you and to me that the homeowners on Ironwood Loop are very angry. They have said and done some hurtful things. i { It must be very hard for them, thinking that they moved here and that they had a private buffer area behind their home, screened by overgrown blackberries and brush. I remember when the Ellsons and the Harts were the only ones in the immediate area and the Englewood sundivision was built. We lost our private buffer and many of the animals that we used to see (black and red fox and other animals) were driven away from the area. We didn't run to City Hall and voice opposition or try to control what each one did with his or her property. We realized that we were in an urban growth area and progress was inevitable. Life changes and if we look around most people who have had acreage have had to break it up because theg.cbn~t afford to keep it. So, in a way I can empathize with their feelings but the fury they are unleashing makes me feel harassed and victimized..... the large JUDAS sign hung over one's fence, so it f9ces my side, the woman who threatened my grandsom with a shotgun. I'm beginning to think I know how the Indians must have felt. I would like to suggest: that they look at their own stuff that they look at their own yard that they get on with their own lives and, please God, let me do the same. Sincerely, Rita Hart 4 "-Re CcP - 13 July 1993 11396 SW Ironwood Loop Tigard, Oregon 97223 Mayor and City Council City of Tigard 13125 SW Hall Blvd. PO B=x 23397 Tigard, .Oregon 97223 Dear Mr. Mayor and Councilors: I am writing about the recent bulldozer activity on the Hart property near Hart Lake and the way the city handled the problem. Many of the specifics of this case are indicative of a larger problem which the City needs to address in its Goal 5 analysis. The city staff were reluctant to get involved. The city staff, particularly Mr.. Ed Murphy, denied that the city had authori•ty:to . get-involved.. The city staff says that the Hart property is developed according to a technical reading of the code. This means that tree cutting cannot be regulated by the city tree ordinance. I have enclosed aerial photographs and ground photographs of this area which make this determination seem illogical even if correct. The city tree ordinance apparently needs to be strengthened. I suggest protecting trees. more than 100 feet-from a primary residence. Most of the subject land is in the 100 year floodplain and much of it is delineated wetland. The city sensitive land code requires a permit to do land form alteration within the 100 year floodplain. Land form alteration includes among other things grading. The city staff.were unaware of this sensitive lands code. My attorney advised me that this did indeed apply. . "I .witnessed, large. tree's within 't'he' 25 foot bit€fer of 'the wetland (within 10' feet) being knocked over into the wetland lake bed. The 'city staff says that there really is no wetland buffer until a permit for development is filed. Then it is made a condition of the permit. The problem is that anyone who wishes to avoid protecting the buffer can simply knock all the trees over or destroy other vegetation before applying and it is perfectly legal. This amounts to huge loophole in the Tigard code. The code as written is not effective and should be evaluated through the Goal 5 process. The activity on the Hart property will not achieve the stated results Mrs. Hart says she would like. Knocking over trees allows more sunlight to the forest floor. Grading creates an environment favorable to invasive brush species like blackberry. In about 3 years the brush will be back in this area stronger than ever. The temptation will then be to institute a program of spraying, which is not desireable next to this wetland for water quality reasons. This wetland is strategically place at the base of Hiteon Creek just before the confluence with Fanno Creek. It could be managed as a key area to combat water pollution. The water has been let out of the lake. It could easily be restored. The effect of this is increased water pollution, wood ducks no longer nest there, frog populations are down, and great blue heron use is now A rare. If the rains come before erosion control measures are taken there could C be a significant amount of sedimentation into the stream.' The large brush piles now on the Hart property constitute a fire hazard and will attract large numbers of rodents if not dealt with soon. The above mentioned specifics simply highlight the deficiencies in the city's natural-resource management program. It is a useful case study in that it gives--us--insight into the directions the Goal 5 process should take.--Mhese kinds of problems must be dealt with comprehensively through-the Goal 5 process. Sincerely, A. I Douglas A. Smithey l L~ leas mom x 4~ ! µ 4- ~ ,~F 't '4 'L~ 4 Yy, Syr, t 1 i h ^4 tti, Y~ t ,y Council Agenda Item MEMORANDUM CITY OF TIGARD, OREGON TO: Honorable Mayor and City Council FROM: Patrick J. Reilly, City Administrator DATE: July 6, 1993 SUBJECT: COUNCIL CALENDAR, July - September, 1993 Official Council meetings are marked with an asterisk If generally OK, we can proceed and make specific adjustments in the Monthly Council Calendars. July 193 * 13 Tue Council Meeting (6:30 p.m.) Study Session Business Meeting * 20 Tue Council Study Meeting (6:30 p.m.) Tentative * 27 Tue Council Meeting (6:30 p.m.) Study Session Business Meeting August '93 * 10 Tue Council Meeting (6:30 p.m.) Study Session Business Meeting * 17 Tue Council Study Meeting (6:30 p.m.) Tentative 20-22 Fri-Sun Tigard Country Daze * 24 Tue Council Meeting (6:30 p.m.) Study Session Business Meeting September 193 6 Labor Day Holiday (City Offices Closed) 14 Council Meeting (6:30 p.m.) Study Session Business Meeting 21 Council Study Meeting (6:30 p.m.) Tentative 28 Council Meeting (6:30 p.m.) Study Session Business Meeting AGENDA OF: July 13 ISSUE/AGENDA TITLE: DEPT HEAD OK CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY 3 DATE SUBMITTED: June 29. 1993 Rpointment to PREVIOUS ACTION: PREPARED BY: CITY ADMIN OK REQUESTED BY: Reappointment of a current Library Board member to a second term. STAFF RECOMMENDATION Adoption of attached Resolution. INFORMATION SUMMARY Carl Kostol has just completed serving a four year term on the Library Board. Section 2.36.030(3) allows individuals to serve two consecutive four year terms. Carl has expressed an interest in reappointment. Attached is a Resolution which, if adopted, would appoint Carl Kostol to a second term. PROPOSED ALTERNATIVES 1. Adopt the attached Resolution. 2. Take no action. FISCAL NOTES COUNCIL AGENDA ITEM 3.3 Council Agenda Item No. 3.4 WASHINGTON COUNTY, OREGON June 11, 1993 Parick J. Reilly City Administrator City of Tigard 13125 SW Hall Blvd. Tigard, Oregon 97223 Dear Mr. Reilly: RE: ELSNER ROAD/BEEF BEND ROAD PROJECT A 16 1993 ning to the was pleased with the good response d my Beef Bend Road. Folaowp g olur presentation at proposed project on Elsner R your East County City Council and Managers meeting on May 21st, Mike Borresen presented the project to the city/County Engineers meeting. process, are In order to proceed with the project design and land ushe pPro ectg Please re d the asking for support from each of the cities impacted by oyal, return it enclosed draft response letter and, if it meets with your city let council's prr Mike ene or to Commissioner Roy Rogers by the end of July. Also, pease Borresen (640-3406) know if you would like the County staff to present the project to your council. Sincerely, ,~~ii~ 0441- John E. Rosenberger Director Enclosures c: Mike Borresen Phone: 503 / 693-4530 155 North First Avenue Department of Land Use and Transportation, Administration FAX 503 / 693-4412 Hillsboro, Oregon 97124 Room 350-16 July 26, 1993 L~ Commissioner Roy Rogers Washington County 155 North First Avenue Hillsboro, OR 97124 Dear Commissioner Rogers: Mayor Edwards was authorized by the Tigard City Council to sign the enclosed letter concerning the extension of Elsner Road and improvements to Tualatin-Sherwood Road.. Please contact me if you need anything further. S ely, eri Wheatley City Recorder cwc0726.93 13125 SW Hall Blvd., lilg rd. OR 97223 (503) 639-4171 MD (503) 684-2772 June 11, 1993 Commissioner Roy Rogers Washington County 155 North First Avenue Hillsboro, Oregon 97124 Dear Commissioner Rogers: t As you know, we have been concerned about the state of Scholls-Sherwood Road, Eisner Road and Beef Bend Road for quite some time. With this letter, we formally r request that the County begin taking the steps necessary to correct the long-standing safety problems associated with these roadways. As a first step, we would like to work with the County to initiate the Elsner Road extension to Beef Bend Road. Eighteen months ago, the cities of Beaverton and Tigard entered into agreement with Washington County stipulating that the portion of Murray Boulevard extension between Schogs Ferry Road and Old Scholls Ferry Road would not be opened until the completion of the Elsner extension to Beef Bend Road. The safety and capacity problems which necessitated this Memorandum of Understanding have worsened. Traffic on Elsner Road and Beef Bend Road has increased. Traffic safety is now, we feel, seriously jeopardized by increased volumes, speeds and restricted sight distance at several locations. To assist you in moving this project forward, the cities of Sherwood, Tualatin, Beaverton, Tigard and IGng City intend to be co-applicants with Washington County in the land use permitting process for the Elsner Road extension project. We know that by working together, we can resolve this serious transportation problem. Elsner Road Extension June 11, 1993 Page 2 Please let us know how we can best help you proceed. Sincerely, Rob Drake Mayor of Beaverton Steven L Stolze Mayor of Tualatin Walter Hitchcock Lynda Jenkins Mayor of Sherwood Mayor of 1Gng City dwards of Tigard 4or Dr. Mary Taylor Mayor of Durham V a 8. TARR u N q Y ~ ~ ~ 4 5 M-t I o ; g AV t i 11101 R1 am= ! 8 ; UL- A4 BEEF END a 12 ~ p CH - H 4o v , • 1 ; c , a1- a Y AO ' n UTOQ I QTY r r u Y + ~ I CM a VI -WIM o jV 2 sY,sm ~ I t 4 I ~1 ~ - I Ar i stir ISOiH 13 A r , + I ,(L: t y 8 u IP p +r+rc * 0 a• ~ as \s It a Ar sQ~. 11 ~ \ i 1,Y \lMrau u , - COUNCIL AGENDA ITEM 4 CITY OF TIGARD, OREGON qff COUNCIL AGENDA ITEM SUMMARY AGENDA OF: July 13. 1993 DATE SUBMITTED: 07/01/93 ISSUE/AGENDA TITLE: Baker Annex. PREVIOUS ACTION None DEPT HEAD OR CITY ADMIN OR D BY: Victor Aaonrx D BY: Ed Murphy 1VVVY u Should the City Council forward a request for annexation of one parcel consisting of approximately 0.74 acres located at 11925 SW Bull Mountain Road to the Metropolitan Area Local Government Boundary Commission?. STAFF RECOMMENDATION Adopt the attached resolution and ordinance to forward the annexation to the Boundary Commission and to assign a zoning designation of R-4.5 to the .....properties. INFORMATION SUMMARY This annexation request consists of one parcel totaling 0.74 acres that is contiguous to the City of Tigard on SW Bull Mountain Road. The owner of the property requested annexation in order to obtain sanitary sewer service. The applicant requests annexation via the "expedited method". The "expedited -nethod" requires no public hearing by the Boundary Commission. It will allow Annexation approval within 28 days instead of the customary 45 days. Notices were sent to property owners within 250 feet of the subject property. There has been no response from neighboring property owners to the notice. 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. Deny the proposal. FISCAL NOTES The City will pay the Boundary Commission fee of $140 for annexation. The current tax assessment is $159,700 The City could increase its tax base by approximately $309. (Assessed value multiplied by City tax base portion of tax rate of $1.94/1000 as of 1/1/90 = $309.81). t COUNCIL AGENDA ITEM C CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ••^Q ~9~~ AGENDA OF: srs•'•' 1993 DATE SUBMITTED. ang Cam r• ndment to PREVIOUS ACTION: nn • ISSUE/AGENDA TITLE: mn ea - - - -.1---a r..., 4 A W==+.= Reoomme l2 Mak 3 _ DEPT HEAD ON CITY ADMIN Off: PREPARED BY : Q$ l3eWe~~uc~ri REQUESTED BY: E KU DhV---- Should the City add provisions to Solid Waste and Recyclables Storage and Non-Residential Buildings? I& yvvea. +.+x Development Code relating to Mixed as for new Multi-Family Residential r.,-~~.a-aaaa--=aaaOa'--°°a'°aaama-aaaaaaaaaaammaaamomamma S~'AFF RECD o add sec It recommended waste a ndmrecyclables storage tareas in then m18.11 ulti- to require uire mixed solid and non-residential buildings. __________===avoaaaaaaaacaaaaaaaxaasa ~NFORwtATZ0 SUMMARY The City of Tigard is part of the Metro Waste Shed. It is required to meet One of the in the Cit Metro solid wase ereduction an ordinances to require mixed non- 1992-93 Waste e R solid waste and recyclabl6B Adoption o of the new provisions uwould add the review residential buildings. . of these storage areas to the development review process. The ordinance lists standards for the storage areas such as a minimum of 50 square feet for five to ten residential units, ten square feet/1000 square feet of gross floor area (GFA) for retail uses, four square feet/1000 square feet GFA for anal methods of gaining manufacturing compliance care •also provides and six t t,a feet/1000 provide flexlexibiliY available These include a waste assessment plan and a franchise hauler review method. Informati fromrehensive recycling. Metro that summarizes the Model r teal of the ordinance and a ugg sted t Pcontaclanning commission recommended app potential users and the haulers prior to Council review. A letter with the ordinance materials was sent to the Chamber o changes Commerce and staff taf fs mgegtes with the solid waste haulers. __~___o=a_ aacaaaaaSaaaaaaaaacsaaaaamomnmaa ammaaamaffimmaamamaseaa~==-=a= rvnnn✓e~r, aT.mF.RNATIVES 1. Approve the amendment as recommended by the Planning Commission by adopting the attached ordinance. 2. Suggest revisions to the attached ordinance and direct staff to incorporate them into the ordinance. s_a=aaa--aaa=aasaaaaaaaam®ammaasaaa ~saasaaaaaaaaaa=aaaaaaxa~aaa--N°~TGC'j~j, NOTES The City of Tigard pays $12,879 to the Washington County Waste Reduction Program. As long as the City complies with the waste reduction work program, the City's share. Metro pay. ;C THE MODEL ZONIIOIG OIDINANCE FO1t MINCED SOLID w smAMD B EC YCL A B L ES S T 'O R.4GE IN N E W MiX T'I-IUNIT RESIDEN7ML AND NON-RESIDENTLIL BUILDINGS- Project Summary • Model Ordinance • . _ a Waste Assessment Form Design Examples August 1992 j R®. , . ' SoOd Waste Department t 2000 SW 'F'irst Avenue' i Portland, OR 97201-5398 Phonf-- `5003) 221-1646 Fax (5003) 273-5586 Printed on racycled paper B kg o Y The model zoning ordinance requires dhat devebpers kchsde a for the OxW of mbwd solid waste and recyclables in their developmesit plans. The availability of adequate one storage areas will provide the opportunity for increased keels of regcling in the region in order to help in meeting the stat-s goal of 50 percent waste recovery by 2000; and, the region's waste reduction goal of 56 pest by 2010. Impkmentation of the model a dinance by local governments fulfills the "Buildwg Dcsiga Rrview" el fof their Waste Reduction Pram for fiscal- year 1992-93,. It also mal= isavplemart~iar~ of nu lti- fim0y recycling pry, also eootaincd in the FY 92-93 Waste Reductim Pr grzmn more feasible. The standards contained is the tiaodel orb pertaining to new commercial, institutional and industrial dev,clopment will make implantation ofa recyclables ooUAdion program for those land uses more practicable Such a program is listed in the State Recycling Act (Senate Bill 66) as a potential program element for local governments to iinpkznent in antler to most the state's. waste recovery goal. ®Iijeetives ol'~hc lh~doiiel The model ordinance mats the following objectives: Provides objective standards that are easy and efficient for local governments to administer; :0 Provides objective standards to designers and developers without limiting creativity; and :0 Builds flexibility into the ordinance to make compliance feasible without the need for a zoning variance. i~ ~ n .r • •.r 3.>a '.0.•nK~Y ~ry~~""'•^ •%~~Y4'#• ~n✓-,.~^' J ~j•Ce•.tr'"'h...ny~'n~'~:1,",~+XY^•y.1+".K~•3. ~3C dr4~f~,QE~6F3S~CC' L~8,,;ffi°~ald~„w' 'tae Mel t aas= Outlines fim Of Each local pwaument in dw regim has .a =uivs and 3'L'vkw code which is unigacly bmamed and The moM nuffinm= Afinf ➢wn 6~tf V.)& Specifies a 's i; is standat& and coda bWOB& e based an the as a StAde so it caa.be used by low Swicrunnift to si= u' = catwyefthepr6posed. the stan&uds ofdwnum into &NCIOPUMBL local Codes. to. =Ndvam and fix..~_ ..n....n.. tm be can Sb d ffi ih~ SS r ijuirod by ft Ofam e w Nwimm S xxL .g t i sdoption by f1m.local goveimunts in d2c =V n, l O staff 8g a to p[ovidG ls~efv~ fa~GCi ~Il~ ~dl7iS dldEO~: Mal= Womatim da ou&mcc and assistwith fitting IiSC 6fOmVSChcns1VeI&7cft pleas =4 p miff, the i into tot ppCd by : i OC odm USCS vAlich-go be56ad tile. .orfthe i o&1 Ad d=& tm 6f the ovdinancC wiII neckline OYamnoe to saYisfg! re:VEC1i0 6f s~oe aad $ l tint /cfpinposed seances fw=w ® sad FlauderMetdiod -To be used when OF of vm6vatim of • tb= we iin ipe'o assodaftd, with the sitc6. ; Qdsft&vdDPMCcL. SbG plari.aevieca staff or a lom it i solid w 0& try cc vftsoe st> tlsai maw a liaaoe wide any ; V ~ • • . c ~t the eml tearie~v ~nme ~o . bla. ~ - bf tix uthes threg -i -maloath Iftr C Bav a desk wM be z 1. faimd _ to ca a that . cfthe dainance does ii , to tliC $~D-p13II.i+s!i~9C3v.PmC s is The lot ba, dcsagin gad aOr ,s6sdasds inchidiltdin _ mAcm pia s*4 =aIm use c t- tike OCdi oe saov h t SoiW - -the "Waste Ate, "gip +eRecycling . = Ensiiz starige +cat are c hally±~ocaLcd : ~ ' $Daa~"'oar' 'fi't I•Fagt3a' ltevi~` >s++ct~s Of ass n ` t _taff are also avaa'lalsle to easy r r , Alis - tuk . J Mect d aad.80ccSS togsiu S for ha- Si6t~ YIfEYMiI: t l I N~G ~O i Vtl • ~ ~ ` ~ ~ 2reaS ' . 6f~rxste Council Agenda tem No. 6 ~Y MEMORANDUM CITY OF TIGARD, OREGON TO: Pat Reilly FROM: Dick Bewersdorff DIXTE : July 6, 1993 SUBJECT: Hart Property Status r(35 &0. o The City has offered to survey and stake the wetlands boundary. After initial agreement, Mrs. Hart felt she needed to get legal advice before allowing the City to proceed. We have not had an additional response. o There is no buffer area requirement unless activity is part of a development. No mechanized equipment is allowed in the wetlands without a Corps of Engineers permit. Hand clearing is allowed in wetlands. o The Code Enforcement Officer has provided Mrs. Hart with erosion control options including fabric barriers, hay bales and hydro seeding. Mrs. Hart has indicated her willingness to erect erosion control barriers adjacent to the wetlands. As of 7-6-93, the Code Enforcement officer was to give Pairs. Hart 10 days to complete the erosion control. o Clearing of brush, blackberries and the like has not been considered a land form alteration. The latter includes addition of buildings, mining, quarrying, dredging, filling, grading, earthwork construction, paving, excavation and similar items. o Mrs. Hart has indicated the work being done was to clean up the property for her individual use and enjoyment. She indicated that she has no development plans at this point. July 6, 1993 To: Mayor and Council From: Judy Fessler Re: Hart Property- Tree cutting, etc. At our last Council meeting, it was and still is very apparent that the citizens, neighbors and to both attorneys, Monahan and Ramis, that the portion of our Tree Ordinance TDC 18.150 to prevent developers from clear cutting areas for development doesn't specifically define "Developed". The intent of the ordinance assumes that a "Developed" piece of land can have 1 house/residence with any number of acres.(eg. 1 house per 1,10,50, 100 acres, etc) I am not opposed to the private landowner having a registered private woodlot or tree farm as outlined in the already existing exclusion of permit requirement, or the provision that all residential property owners do not need a tree permit , but I feel a ordinance to more specifically define" Developed" be addressed immediately. We do not currently have any provisions for Heritage Trees, but I did express concerns in a letter to council over a year ago. Currently, Nels Mikkelson is working on an overall concept for tree canopy, and assessment of how much we have gained and lost in tree canopy percentage over the years in Tigard. For now, I am requesting the Council to direct staff to initiate a change in Tree Removal Chapter 18.150 to add this definition. It is my understanding that it will place a interim policy direction to staff to prevent the Hart situation from occurring until it goes through the standard process for Comp change, etc. I am proposing the following language changes TDC pg 385 Tree Removal 18.150.020 B. Add to " Any property or lot under 1 acre or any tree(s) closer than 100 ft from the residence." Note: All other purpose and intent of this chapter shall remain in as before. See attached chap from TDC. I would like to bring this up for discussion to Council on July 13, 1993 at our study session or business meeting attach: TDC and File ltr Chapter 18.150 TREE REMOVAL r Sections: 18.150.010 Purpose 18.150.020 Permit Required/Applicability 18.150.030 Criteria for Issuance of Permits \ 18.150.035 Expiration of Approval - Extension of Time - Revocation 18.150.040 Emergencies: Authority 18.150.050 Application Submission Requirements 18.150.010 Purpose A. The City of Tigard is now benefitted by large numbers of trees, both natural growth and those which have been planted throughout the years by Tigard's residents. These varied wooded trees add to the aesthetic beauty of the community, help clean the air, and providg noise barriers. B. The purpose of this chapter is to prohibit the unnecessary removal of trees on undeveloped lots in the City prior to the development of those lots. At the time of development it may be necessary to remove certain trees to accommodate structures, streets, utilities, and other needed or required improvements within the development. (Ord. 89-06; Ord. 83-52) 18.150.020 Permit Required/Applicability A. This provision shall apply to all undeveloped land, and developed commercial and industrial land. B. This provision excludes: 1. Developed residential property; and 2. Property registered with Washington County Small Woodlands Association and certified as a West Coast Tree Farm by the Industrial Forestry Association, and used for commercial log harvesting or Christmas trees. C. No person shall cut a tree(s) upon private or public property without first obtaining a permit from the City, except as in Subsection B. D. For the purpose of this chapter, tree removal shall not include tree topping and pruning under power and utility lines, or pruning of trees located with visual clearance areas as defined in Chapter 18.102. Revised 02/27/89 Page 385 E. For the purpose of this chapter, tree removal permits shall be required for all trees having a trunk six inches or more in diameter, four feet above the ground level. (Ord. 89-06; Ord. 84-29; Ord. 83-52) 18.150.030 Criteria for Issuance of Permits A. The following criteria shall be used by the Director or designee for the issuance or nonissuance of a tree cutting permit. To issue a permit, the following criteria must be satisfied: 1. The trees are diseased and there is a danger the trees may fall on existing or proposed structures or interfere with utility services or traffic safety; 2. There is a necessity to remove certain trees in order to construct proposed improvements or to otherwise utilize the applicant's property in a reasonable manner; 3. There is not a need to retain the tree(s) due to the topography of the land because there will be no effect from the tree removal on erosion, soil retention, stability of earth, flow of surface waters; 4. There is not a need to retain the tree (s) to protect nearby trees as windbreaks, and as a desirable balance between shade and open space; 5. The aesthetic character in the area will not be visually adversely affected by the tree removal; and 6. The applicant's proposals, if any, to plant new trees or vegetation as a substitute for the tree(s) to be cut, will restore the aesthetic value of the removed trees. (Ord. 89-06; Ord. 83-52) 18.150.035 Expiration of Approval - Extension of Time Revocation A. Approval of a Tree Removal Permit by the Director shall be effective for a one and one-half year period. i B. The Director shall renew the permit for a maximum period up to one year upon finding that: 1. All of the conditions of approval have been satisfied; 2. There has been no change in the original application approved by the Director; 3. There have been no changes to the applicable Comprehensive Plan policies on which the approval was based; Revised 1/17/91 Page 386 August 4, 1992 To: Mayor Edwards and Council From Judy Fessler Late last week I discovered that a century old Catalpa Tree was cut down on the old section of Gaarde street being converted to an access road to serve Self service Furniture and the apartments. I was shocked because there was no indication from Randy a few weeks ago when we were talking about completion of Gaarde that an access road to two pieces of property was to be a "boulevard". I assumed that the frontage would at least remain the same or less. When I called Randy late last week after seeing that the tree was gone, he indicated to me that it was his understanding that no tree removal had been slated for the project, but today he said that the city did cut the tree, that the owner was compensated. I feel really remiss that the History of Tree was not brought forward, but of course I didn't feel the tree would be in peril. The Catalpa Tree, according to enclosed letter I received last year, was planted by Rosa Tigard's Mother. The woman who wrote the letter to me lived in the house next to Self Service Furniture in the 50's and was neighbors to Rosa Tigard and this is the story Rosa told her. When are we going to have a Preservation Policy to recognize significant trees or specimens, etc. We (the City) need to address this, so that an historical inventory can be made and documentation and location is kept on file just as the Historic Overlay District has been done. First- Would be a Preservation Alert within the Engineering or Building Dept. This might be done by the height and/or diameter of Tree. If a tree meets this criteria it should be investigated and researched for significance. Second- While the tree might not be a rare species in general but be rare in Tigard. I bet no one knows. Same could hold true for Oak or large walnut, etc. Each should be reviewed by certified arborist against a written City policy. Third- A formal or informal hearing be set up via Historic Districts Committee to assess the inventory on case by case until inventory status is implemented. I am enclosing some pictures of the Catalpa Tree taken in 1980. The only reason I have the pictures is because when we moved the Charles and Rosa Tigard House next door to the Catalpa tree location we had to guarantee that the tree limbs only be trimmed at a certain length or run the risk of a lawsuit from the apartment owner. You can see from the pictures we had to make other ON_SITE arrangements not to damage the tree and at the same time save the 7nd floor dormer of the house. We made small sacrifices in knowing we did the right thing. Twelve years later, it was all for naught. We need better City policy that will be written into a definite avenue for tracing and protecting the heritage of our City including trees. PS I have other people who came forward last year to preserve their trees on their property for future generations. The time has come. I would like the Council support to move forward and bring this up before a council meeting in the future. It will not be that painful. Tha ks /Y 4 Judy FesVe Councilo ,j e , w 0 1 1 1 ynd,`~ 13, ~i 9/ ,g /W Lp, Ago. l1 6 3 -;--.5 Z q v vMan b P,a7ctseek magma - Tjgsrd. praYon 97224 O. r y MEMORANDUM S7-L~ Se SS W~, CITY OF TIGARD, OREGON ~7/r3~g3 TO: Carol Landsman FROM: Ron Pomeroy b L DATE:July 12, 1993 SUBJECT: Additional definitions for "Developed Residential" The Community Development Code does not currently provide a definition for the term "Developed Residential Land". Below are five definitions which provide.a range of parameters. 1) Developed residential land is that land which includes a habitable structure and is not large enough to be further partitioned or subdivided. 2) Developed residential land is that land which is within 100 feet of the perimeter of a habitable structure. 3) Developed residential land is that land which is one acre in size or less and includes at least one habitable structure. 4) Developed residential land is that land which possesses a Floor Area Ratio (FAR) of 1:5 or greater. (i.e. A 7,500 ( square foot lot which contains a residence which is at least 1,500 square feet in size; a 15,000 square foot lot which contains a residence which is at least 3,000 square feet in size; etc...) 5) Developed residential land is that land which possesses a Floor Area Ratio (FAR) of 1:10 or greater. (i.e. A 15,000 square foot lot which contains a residence which is at least 1,500 square feet in size; a 30,000 square foot lot which contains a residence which is at least 3,000 square feet in size; etc...) I contend that definition number one best meets the intent of the purpose statement of Community Development Code Section 18.150 which states: The purpose of this chapter is to prohibit the unnecessary removal of trees on undeveloped lots in the City prior to the development of those lots. At the time of development it may be necessary to remove certain trees to accommodate structures, streets, utilities and other needed or required improvements within the development. The more liberal the definition of Developed Residential Land, the more "at risk" the remaining trees are which are located on Tigard's remaining developable residential land. MEMORANDUM CITY OF TIGARD, OREGON TO: Pat Reilly FROM: Carol A. Landsman DATE: July 8, 1993 SUBJECT: Goal5 The following is a chronology of our dealings with DLCD regarding Tigard's goal 5 periodic review. It has been a convoluted process, in part because new case law seemed to change definitions of what constitutes an inventory. For DLCD purposes, an inventory is a list of natural resources that have been evaluated and sorted as 'significant' and 'not significant' based on that evaluation. In spite of the confusion and the somewhat painful process that may or may not have much ( to do with wetlands protection, I think it is important for Tigard to evaluate its natural resources and determine what it wants to protect and how. We should not confuse the administrative process with the public policy issues and good natural resource planning. Tiigard's natural environment is a plus for quality of life as well as property values. June 1992 We received a letter from DLCD, (attachment one) (that incidently went out to the public before we received it) stating that because an objection had been received regarding our wetlands inventory, we were required to explain why Hart Lake as well as other wetlands in the SRI report were not included in our inventory. Alternatively, we could include them and complete the goal five process including determination of significance and protection strategies. June-September 1992 Staff had numerous discussions with DLCD staff regarding what actions Tigard needed to take to complete its periodic review process. September 1992 Staff received a second letter from DLCD, (attachment two) stating that because we had conducted a study of our wetlands (the SRI study) we had adequate information to determine the quality of these sites and to conduct an inventory process including determination of significance and development of protection strategies based on balancing the value of the wetland with economic, social and environmental factors. This letter went on to indicate that we did not need to change our existing ordinance, just apply it to the wetlands in the inventory. October 1992 - March 1993 Staff completed the goal five process as outlined by DLCD. April 1993 Staff submitted goal five report to DLCD which reviewed it favorably, going so far as to tell other communities Tigard's was a good example. May 1993 Staff took wetlands map and goal five report to NPOs for citizen input. Citizens identified 12 potential wetland areas not identified on map. Staff hired SRI to assess these areas. June 1993 DLCD informed staff (attachment three) that because the SRI study only assessed wildlife habitat, Tigard does not have enough information to conduct an inventory process. Tigard must, therefore, adopt a program (called 1 B process) stating how it will complete the goal five wetlands process. This will entail further study of wetland functions such as erosion control and water recharge value. We do not need to do this assessment to be in compliance; we only need to adopt a plan stating how and when we're going to do this. Staff has requested a cost estimate from SRI. DLCD recommends Tigard apply for one of its wetlands inventory grants which must have a 50% local match. Last year only 4 of 20 were funded. DLCD also maintains that Tigard must change its ordinance (I assume, offer completion of inventory process) because it cannot rely on other government agencies to protect its wetlands. Because staff questioned this, DLCD is now seeking a legal opinion from the Attorney General. WHAT NEXT? So, this is what has been going on over the last year regarding our quest to be in compliance with DLCD goal five regulations. What we must do now to be in compliance is: • adopt a program for completion of the goal 5 process including activities and timeline. Then according to our timeline we can complete our wetlands inventory. We do not do this to be in compliance. SRI suggests the assessment will cost about $10,000. As mentioned earlier, we can apply for a 50% grant. Now, regarding natural resource planning in general, staff is planning to ask CIT members to participate in a self-selected citizen group to evaluate the existing natural resource plan policies and strategies and make recommendations. This will be part of the local visioning and plan review process we will undertake this fiscal year. We are collecting information on our 3 existing wetlands including public/private ownership and parcels that are more than 85% wetlands to identify any potention takings issues. We are reviewing the status of natural areas i identified in the 1983 comprehensive plan. We are mapping all open spaces and will assess them for their potential as buildable land or natural area. We have $5,000 in the budget to assess forest lands in Tigard, although we may choose to apply that to the necessary wetlands study. PIIJWet.Mem July 8, 1,93 W June 2, 1992 tlZ Ed Murphy Community Development Director 13125 S.W- Hall Blvd. PO Box 23397 Tigard, OR 97223 Dear Mr. Murphy: We have received an objection from Doug Smithey to the the revie ly, city's f nnis that°tthe orderwdoesenot includecalspecific site on its Goal 5 wetlands inventory. As wetland objection provided by OAR 660-16-000(5)(a): -"The local government is not re uireddecision justify in its comprehensive plan a not to include a particular site in the plan inventory unless challenged by the Department, objectors or the Commission based on contradictory information." (emphasis added) The objection is based on information contained in 89 a wetlands report conducted for theScity i claims by Scientific Resources, Inc. Mr. the report demonstrates that a wetland deslvaluable (labelled B-2 in SRIs report) provi wildlife habitat and should be determined We "significant" and protected under Goal S. agree the SRI report does provide information that supports the objection. For this reason, the City of Tigard is required to explain, in writing, why this site was not included on the plan inventory. In the alternative, the city may decide to label the site as "significant" and complete the Goal 5 process. Until one of these options has been completed, the city's periodic review cannot be terminated. In addition, it appears that the city has chosen not to inventory an of the wetland sites discussed in the SRI wetlands document, since the city is still using the wetlands inventory map developed in 1984. Considering that the SRI report is certainly specific concerning location, quality and quantity of specific resource sites DEPARTMENT C LAND CONSERVATION AND DEVELOPMENT Barbara Roberts Governor 1175 Court Street NI Salem, OR 97310-05~ (503) 373-0050 r. n v tSln1 4F.')-h70:; • Ed Murphy _2_ ~June 2, 1992 and addresses wetlands that could be considered "significant," we request an explanation of why none of these sites were inventoried. If you have any questions and would like information regarding wetlands and Goal 5, please call Lynn Beaton at 378-8009. Sincerely, 411~ Michael J. Rupp Plan Review Manager <wet> cc: Doug Smithey Mel Lucas h C.~ f/ A/1 r September 21, 1992 Carol Landsman Senior Planner 13125 S.W. Hall Blvd. PO Box 23397 Tigard, OR 97223 Dear Ms. Landsman: The Department has reviewed the City of Tigard's existing wetlands ordinances to determine compliance with Statewide Goal 5. Based on this review, we have the following observations and recommendations. Problem with Tigard's Current Wetland ordinances: The City currently makes decisions regarding the protection and development of wetlands without first having gone through the Goal 5 ESEE balancing process. Tigard's current ordinance states that wetlands are "sensitive lands" and are "potentially unsuitable for development..." (Ordinance 18.84.010(A)). Later sections of Chapter 18.84 list which uses of wetlands are permitted and which are prohibited. These ordinances constitute a regulatory wetlands program. However, Statewide Goal 5 requires that a jurisdiction must determine significance and balance conflicting uses of specific sites before developing a program to regulate wetland sites. (See OAR 660-16-000). Your existing ordinance also states that wetland locations "may include but are not limited to those areas identified" in the 1990 Scientific Resources Incorporated maps. (Ordinance 18.84.028). This is not appropriate under Goal 5. The City may only regulate areas clearly defined on an adopted inventory. Otherwise, the public will not have certainty as to what areas will be regulated. This is contrary to the purpose and language of the Goal. Goal 5 Requirements: DEPARTMENT OF LAND CONSERVATION AND DEVELOPMENT 1. Based upon current information, the City must Barbara Roberts determine which of its wetlands are "significant." Covemor Jurisdictions may have an inventory of "potential" resource sites if there is not yet adequate information 1175 Court Street NE Salem, OR 97310-0590 (503) 373-0050 FAX (503) 362-6705 Tigard Wetlands 2 September 21, 1992 to determine the quality of these sites. This means that if the City had only inventoried the location and quantity of the wetlands, (and not obtained information on their value as wildlife habitat), it would not be necessary to complete Goal 5 at this time. Instead, due to a lack of "quality" information, you could defer the determination of significance until a later time. However, the information contained in the Scientific Resources Incorporated report addresses wetland location, quantity, and quality. Given that the City now has available information addressing all three elements, it is necessary to determine which sites are "significant" and complete the Goal 5 process. (OAR 660-16-000(5)). Sites which are determined not significant do not need to be included on the City's final inventory. Recommendations: a. Decide which of the wetlands included on the inventory are "significant." For example, perhaps decide that wetlands ranked in the SRI report as Class 1 or 2 are to be considered "significant" and Class 3 and 4 wetlands are not. You should be aware that, for the sites you decide are not significant, the SRI report should support your reasoning. This agency, for one, would question a determination that sites are not significant if the SRI report indicates they have high wildlife habitat value. t b. A review of the SRI report on Tigard's wetlands indicates that the wetlands along drainageways, specifically Fanno Creek, provide the most valuable wildlife habitat. (No other functions or values were assessed by SRI.) For this reason, the City should focus its Goal 5 evaluation on Fanno Creek and its associated wetlands. 2. After determining "significance," the City must develop a program to protect the significant wetlands. For significant wetlands that have potential conflicts, an ESEE balancing test must be performed to balance conflicting uses against the resource values. (OAR 660-16-005). Based on this balancing test, a program must be developed specifying which sites are to be protected and which can be developed. (OAR 660-16-010). The sites that should be protected are all those in which the resource values outweigh the value of the conflicting use. If a site is not protected, the city must demonstrate that the value of the conflicting use outweighs the resource values. The third option is to limit conflicting uses and maintain some protection of the resource site. Tigard Wetlands Recommendations: a. In most cases, the ESEE similar wetlands can be use zone. For wetlands development potential, to be conducted. 3 September 21, 1992 process can be fairly general; grouped by biological type and land with unusual or unique biological or s more site-specific analysis needs b. Keep your current ordinances. Simply apply them only to the wetlands you determine are significant and map as such. c. You may wish to add ordinances addressing the removal of vegetation. Neither state nor federal law regulates this and much damage can be done to wetland values simply by removing the vegetative cover, without moving any dirt. The Department is aware L-hat the City is working to complete a "tree" ordinance. Perhaps this ordinance could also address removal of herbaceous and scrub-shrub vegetation in wetlands. The preceding issues must be addressed before Tigard's Periodic Review can be terminated. The following is a suggestion only: Request that DSL approve the SRI inventory as meeting the "Local Wetlands Inventory Standards" set forth in OAR 141-86-180 to 141-86-240. Once approved by DSL, permits will be required from the state before development can occur within these sites. This will result in better protection of valuable wetlands and will reduce the number of enforcement actions taken against landowners who build without first obtaining the necessary permits. It will also help ensure consistency between the DSL and DLCD programs. Again, although we recommend that you request DSL approve your inventory, you are not required to do so. The DSL and DLCD processes are separate and the City does not have to obtain a DSL certified inventory before Periodic Review can be terminated. If you should require additional assistance as you complete the Goal 5 process for wetlands, please contact me at 378-6127. Sincerely, U Lynn D. Beaton Wetlands Specialist 4 tigard.2 RECEIVED .1,1j 0 1 1993 0 June 30, 1993 DEPARTMENT OF Carol Landsman LAND Senior Planner CONSERVATION & 13125 SW Hall Blvd. PO Box 23397 DEVELOPMENT Tigard, Oregon 97223 Dear Ms. Landsman: This letter is in regard to the City of Tigard's Periodic Review and relates to our conversation of June 10, 1993. During this conversation, we discussed several planning options that will allow Tigard to address outstanding wetland issues and close Periodic Review. Those options are set out below. We believe that the Oregon Supreme Court's interpretation of Goal 5 in Columbia Steel Casting v. City of Portland, 314 Or 422; _ P2d _ (1992), adds complexity to the Goal 5 process. As a result, we believe that local jurisdictions must have more information about Goal 5 wetland resources than previously anticipated. This information is necessary to conduct adequately the required ESEE consequences analysis. Specifically, in order to proceed through the required ESEE analysis, we believe that jurisdictions must have information available that relates to a wetland's functions and attributes. As you know, local jurisdictions may not regulate a Goal 5 resource without completing the procedural and substantive requirements of Goal 5. We feel that jurisdictions that overlook this restriction or the Columbia Steel Castina decision will be highly vulnerable to legal challenges. Consequently, we met to discuss planning options that may allow Tigard to address its remaining wetland issues and close periodic Review with a minimal amount of liability. Our discussions are premised with the following understandings: 1) Tigard has conducted a wildlife habitat assessment for most, if not all, of the sites the City terms wetlands, 2) the City has not assessed other wetland functions and attributes and 3) that the assessment completed will fulfill the required Goal 5 Barbara Roberts inventory for wildlife habitat but not for wetlands. Govemor 800 NE Oregon St. # 18 Portland, OR 97232 (503) 731-4065 FAX (503) 731-4063 Carol Landsman Page 2 June 30, 1993 Of the options discussed, we focused on two in particular. First, the City can view those wetlands with wildlife habitat assessments as Goal 5 wildlife habitat resources. For these resources, the City can enter the Goal 5 process which includes identifying conflicting uses, ESEE consequences analysis, conflict resolution, adopting appropriate ordinances for these resources. However, because the City lacks the necessary information concerning the wetland functions of these same areas, Tigard can determine that there is insufficient information available to the city and place these wetlands in the 111B" category. Once sufficient information is available, you will initiate the Goal 5 process and develop regulations based on the analysis of the additional functions these areas provide as wetlands. The second option, which we understand is the City's preferred option, is for the City to ignore the wildlife habitat information and define the wetlands as "1B" resources because there is insufficient information relating to wetland functions and attributes. Again, once sufficient information is available, the City will proceed through the Goal 5 process for these sites as wetland resources. Both options require the City to respond to the existing challenge brought by Doug Smithey. However, based on conversations between Mr. Smithey and our staff, we understand the Mr. Smithey will withdraw his challenge to the City's Periodic Review if the city meets certain conditions. First, the City must agree to establish a time frame for completing Goal 5 for wetlands. This is also required as part of the "1B" decision. Second, the City will have to define the criteria they will use to determine "significant" wetlands. This is not required by DLCD but is a negotiating point between Mr. Smithey and the City. Third, to assist the City to meet the requirements of Goal 5 as interpreted by the Columbia Steel Casting court, the City should apply to DLCD and DSL for a competitive wetland planning grant. The Department has already provided the City with the 1992-93 grant application which, although dated, contains important explanatory information regarding the grants that will not be modified for the 1993-94 grant process. we understand that the "Fans of Fanno Creek" is willing to assist the City apply for this grant. We further understand that Mr. Smithey will withdraw his challenge if the City meets these conditions. However, we suggest that the City contact Mr. Smithey to clarify his position in this matter and to formalize his agreement to the City's preferred planning option. In addition, you should understand that in the future, to meet the Goal 5 requirements for a resource subject to a "1B" classification, your jurisdiction can not rely on the state and federal regulatory system as a protection program. Tigard will Carol Landsman Page 3 June 30, 1993 have to adopt a program based on identification of conflicting uses and supported by your ESEE analysis. If you have any questions regarding this matter or require assistance as you complete your Periodic Review, please contact Mike Rupp or me at (503) 373-0050. Sincerely, Jam s Sitzman Int rgovernmental Services Manager cc: Mike Rupp, DLCD Mel Lucas, DLCD Frank Flynn, DLCD File 3 Council Agenda It No. MEMORANDUM CITY OF TIGARD TO: Pat Reilly July 6, 1993 FROM: Randy Woole SUBJECT: Capital Improvement Program Here is additional information to assist the Council in selecting projects to be funded in the 1993-94 Capital Improvement Program. Gas Tax Projects: There is $288,000 of gas tax funding available for new projects. Council has tentatively approved $248,000 of this funding for the Pavement Major Maintenance Program. This leaves $40,000 for other projects. Testimony at the June 22nd meeting mostly favored using the $40,000 for pedestrian improvements along existing collector streets. TIF Projects: There is $374,000 of TIF funding available for new projects. At the June 22nd meeting, the Council discussed setting aside a portion of this funding to purchase property for right of way for the future extension of Gaarde Street. The set-aside money would be used only if the property owners want to sell and are unable to sell after making a reasonable attempt to sell for a fair market price. I recommend that the set-aside amount be $330,000. If the money proves to be unnecessary for property purchase, it could be used for other TIF-eligible projects next year. If $330,000 is set aside for right of way, then $44,000 will remain for other TIF-eligible projects. I recommend that the $44,000 be used for design of the 130th/Winterlake bridge connection. Pedestrian Pathways: The Council heard requests for pedestrian improvements along Park Street, Watkins Avenue, and 72nd Avenue. As noted by Council, other streets throughout the City also are in need of pedestrian improvements. If the Council decides to fund pedestrian improvements, I suggest that the Council specify the funding level and the street or neighborhood where the funding is to be used. Staff could then prepare some preliminary design information and work with the neighborhood to select the pathway type and location that best uses the available funding. This would be similar to the process used on Bull Mountain Road. Page 1 The $40,000 available in gas tax funds would be adequate to complete a path along a substantial section of Park Street or Watkins Avenue. Or it could be used to construct a pathway along one side of SW 72nd Avenue between Dartmouth Street and the elementary school. If the path on 72nd were limited to the area between Hermosa Street and the school, the cost would be about $20,000 Park and Watkins Streets are not eligible for TIF funds. SW 72nd is generally eligible for TIF but a pathway improvement may not meet other TIF criteria. Depending on how the pathway is designed, the TIF eligible portion would range between 0% and 40% of project costs. Because the TIF eligibility would be questionable at best, I recommend against relying on TIF funding for pathways. There was a suggestion that the path could be placed behind the ditch (i.e., the ditch would be between the road and the path). This is an option but one I do not recommend in most areas. Generally, placing the path behind the ditch costs the same or more than providing roadway shoulders. The separated path reduces the need for drainage revisions but it increases the need for acquisition of right of way and easements and increases the conflicts with existing landscaping. Separated paths are more difficult to construct and to maintain due to inconvenient access for equipment. Also, once paths are in, property owners frequently stop mowing and landscaping the area between the path and the road. There was also a question of whether we should build gravel shoulders ` rather than paved shoulders. Doing so might reduce the initial construction costs by approximately 50%. However, I do not recommend this option. Gravel pathways do not accommodate bicycles, baby strollers, or wheelchairs. They require substantially more maintenance. They cause problems next to lawns and ditches with gravel being kicked into the lawn (making it hard to mow) or into the ditch (requiring more ditch maintenance). Property Acquisition Since the last Council meeting, I have talked to several people in the real estate appraisal and relocation business, hoping to find guidelines for acquiring property for future projects. It appears that it is rare for an agency to acquire right of way prior to the more detailed design stage. So, I have been unable to locate any existing guidelines. We will need to develop our own guidelines. Based on discussions with appraisers, it appears that a good faith effort to sell a residence in the current market should include listing the property with a licensed real estate agent for inclusion in a multiple listing service. I understand that, on average, it takes 60 to 90 days to sell a home currently in Tigard. Older homes and homes on collector streets may take longer to sell. It appears that a good-faith effort would require that the home be on the market at least 4 to 6 months at a fair market price and actively promoted by the real estate agent. Page 2 Based on this information, I recommend the following policy statement to expand on the process outlined by Council: The Council will consider City acquisition of a property that is in the route of the proposed Gaarde Street extension (Note 2 on the Comprehensive Plan Transportation Map), if all of the following criteria are satisfied: It can be shown that the future street will require removal of an existing residential structure. The owner of the property has requested that the City purchase the property. Evidence is provided that the owner has actively attempted to sell the property over a period of at least six months at a fair market price. The attempt to sell shall include a listing with a licensed real estate agent affiliated with a multiple listing service. If Council determines that the above criteria have been met and if adequate funds are available in the City's capital improvement budget, the Council will authorize negotiations with the property owner for City purchase of the property. So that the property owner and the Council can determine the fair market value, I recommend that the City have appraisals prepared before the property owners begin to market the property. This will allow the property owner to know whether their asking price will satisfy the City's criteria. It may be appropriate to enter into a formal agreement with each property owner prior to their offering the property for sale. The agreement would clarify what the property owner must do to satisfy the City's criteria. It would also clarify the price and terms under which the City would purchase the property. It would be necessary to have an appraisal completed before the agreement could be drafted. It should be noted that, when the City purchases property, the City is generally required to pay certain relocation costs in accordance with state law. Relocation costs can sometimes be substantial. The proposed $330,000 budget for right of way includes an allowance for relocation costs, appraisal fees and legal fees. Sanitary sewer and storm drainage: At the June 22nd meeting, no testimony was received regarding the sanitary sewer and storm drainage projects. Therefore, my recommendations on these projects are unchanged. Page 3 Summary If adopted as outlined above, the capital improvement program for FY 1993-94 would be as follows: Streets - Gas Tax: Committed projects $252,000 Pavement major maintenance program proceed 248,000 Pedestrian improvement project* deer 40,000 Total Gas Tax - $540,000 Streets - TIF: Committed projects $819,000 Transit reserve 177,000 Reserve for Gaarde St. right of way 330,000 130th/Winterlake bridge design defer 44,000 Total TIF $1,370,000 Sanitary sewer - unrestricted funds PkocpPd Terrace Trails access pathway*** $ 5,000 Sewer major maintenance 15,000 Reserve** 885,500 Total sewer unrestricted funds $905,500 Sanitary sewer - old SDC Reserve** $639,500 Sanitary sewer - new SDC t Committed projects $ 81,000 Reserve## 374,000 Total new SDc $455,000 Storm drainage - unrestricted funds Lakeside Drive pipe replacement $ 25,000 SW 69th at Alfred Street 6,000 SW 98th/Scott Court 5,000 Thorn Street cul de sac 7,000 Main Street inlet improvements 4,000 72nd Avenue pipe replacement 10,000 Storm drainage major maintenance 10,000 Reserve# 182,000 Total storm unrestricted funds $249,000 Storm drainage - old SDC 100th/McDonald Street project $ 40,000 Cascade area drainage 10,000 Reserve# 249,743 Total storm old SDC $299,743 Storm drainage - new SDC USA reserve## $451,257 Page 4 Footnotes: * Council to select the street or neighborhood for project funding. Staff to develop a list of potential projects to extend sewer to areas with current septic problems, and return for further Council review later this year. Terrace Trails project was incorrectly shown under storm drainage in the previous report. # Staff to review project needs and recommend additional projects for funding. This reserve fund cannot be expended until USA completes a master plan. 0. rw/cip2 '1. Page 5 Council Agenda Item No. 8 MEMORANDUM CITY OF TIGARD, OREGON TO: Honorable Mayor and Council FROM: Patrick J. Reilly, City Administrator., DATE: July 6, 1993 SUBJECT: Charter Modifications 1. The City Attorney is rewriting the section of the Charter to reflect Council direction as of June 22. I anticipate forwarding you the draft with my Thursday newsletter. Essentially the changes are as follows: A. Eliminate mandatory appointment in the event of vacancy; B. Eliminate mandatory election in the event of vacancy; C. Repeal prohibition of interim appointment to vacancy from filing as candidate for position; and D. Delete resignation requirement to file as candidate for ( position with concurrent term. 2. The cost of the September election is estimated at $8,500. 3. Timeframe: Council must consider a resolution authorizing a September election on July 27. 4. Change of Method of electing City Councilors: Tualatin has changed from the "at large... whoever gets most vote wins" to running for numbered positions. The change was prompted by concerns that under the former system, Councilors could be elected without obtaining a majority of votes. Also, they wanted to allow people to run against other candidates. However, Tualatin does allow prospective candidates to circulate petitions for more than one position at a time. It needs to be noted that the Tualatin signature requirement is far less than ours. 5. The term "concurrent" is not clarified through research of our files. Use of the word is eliminated if Council repeals the provision requiring resignation before filing. 6. FYI, the League of Oregon cities apprised us they knew of no cities which had changed the method of electing Councilors. PJR/j h h:\lo9in\pat\charter ODONNELL RAMIS ET AL 503-243-2944 Jul 9.93 10:53 No.uus r.u1 OMOATATEI.T PUMIS, CREW & CORIUCLAN ATFORPM AT TAW 1?i7 N.Y,il.1G~t 8itert Fot'IfiSld. crw= "M -181 M (b= 223-4M PAM CM 300" DATE: July 9, 1993 TO: Pat Reilly, City Administrator City of Tigard FROM: William A. Monahan, City-Attorney's office RE: ~Y~AS:Adt Amglg~onto to section 7 of the Oharter Based upon our meeting of July B, 1993, I have prepared the following proposed language to address the Council:* concerns regarding the Charter. The changes are as follows& 1. Elimination of the second paragraph of Section 7, which requires that any member of the Council wishing to seek a City office with a term concurrent with the term of their existing office, submit a written resignation at the time of filing for the other office. 2. 1 revised the third paragraph to eliminate the mandatory requirement that the Council hdid an election to. fill an unexpired term. I have suggested language to allow the Council the opportunity to appoint, if an election cannot be hold, to allow for at least a -one-yen terse. Finally, language which has been eliminated which required that a person Action tpo o that position at a vacancy vnogg filling candidate for election. The suggested content of Section 7 is as follows: "Section 7. MAYOR AND COUNCIL. The elective officers of the city @hall be a mayor and four councilors who together shall constitute the City Council. At the general election held in 1990 and every fourth year thereafter, a mayor shall be elected for a term of four years. No councilor shall nerve the city as councilor for more than eight consecutive years, nor shall the mayor serve as mayor for more than eight consecutive years. In no case shall any person serve on the City council for'more than twelve consecutive years. Thecae limitations do not apply to the filling of an unexpired term. ODONNELL RAMM ET AL 503-243-2944 OVONNAIJ, MMI9, & C®RRIa M Jul 9993 lu:5s NO.vuJ r.U6 P3amo ro: Proposed Amendments to Section 7 of the Charter jU'.y 90 1992 Page 2 In the event the office of mayor or councilor becomes vacant bafaie the normal expiration of its term a special election may be held at the next ava¢labla dato to fill the office for the ussupired term. such an - election shall only talcs place if the Council can schedule and hold a special elections at least twelve months before the term would otherwise empire. If an election is hold, it shall be held In accordance with the election lama of the State of Oregon and city ordinances not inconsistent with such election laws. The Council may appoint a person to fill a vacancy until an election can be hold." Pleases advise us whether the suggested language meets the intent of the council. WAM: smc [7/9/93, original to: Pat Reilly, City of Tigard Copy to: Tigard/General File Council Agenda Item No. 9 "TIGA" TALKS" A COMMUNITY ATTITUDE SURVEY for CITY OF TIGARD, OREGON Conducted by WESTERN ATTITUDES 17321 SW Boones Ferry Road Lake Oswego, Oregon 97035 (503) 635-1224 { April 1993 { INTRODUCTION Like other local governments, the City of Tigard provides many opportunities for citizens to become involved. However, experience shows that people usually don't do this unless an issue affects them personally. Yet each person does have a stake in, and an opinion on, what happens in the city. So often, public debate on issues is shaped by the vocal few who get involved, while the views and opinions of the majority of citizens are never heard. Broad public participation is a significant value of the Tigard City Council and both the Council and city staff have a solid record of innovative programs that attempt to reach out and involve this "silent majority". "Tigard Talks" is one such attempt to encourage citizens to speak out and become involved in the process of shaping public debate, decisions and actions. It consists of two phases. In Phase One, a Community Attitude Survey was sent to 2,500 Tigard citizens. In Phase Two, people responding to the survey were invited to attend a series of neighborhood meetings where the survey results were revealed and attendees had an opportunity to share their reactions with City Council members, city staff and one another. The survey of community attitudes held by residents of the City of Tigard was conducted, during the month of April, 1993. Its purpose was to obtain current information about the attitudes, perceptions and opinions of Tigard residents as they relate to city services, issues and needs in the community. The survey was designed as a mail survey, in which some 2,500 registered voters in the city, selected at random to ensure an adequate cross-section of the community was polled, received a survey form in the mail. 483 responses have been tabulated. A representative sample of this size is sufficient to ensure that the margin of error, even if opinions are evenly divided, is within plus or minus 5 points at the 95% confidence interval. Questions for the survey were developed by Western Attitudes in consultation with city staff. The survey was field tested prior to the general mailing. Responses have been cross-tabbed to indicate how the views of respondents differ according to different groupings: ♦ Length of time in Tigard ♦ Annual Household Income ♦ Geographic areas of residence ♦ Homeowner/renter status ♦ Age e Gender Tables displaying this detail are contained in the appendix to the principal report, on file at the City Administrator's office. In reviewing this report, readers should be aware that, as the size of the sample under review diminishes, the potential margin for sampling / variability error is likely to increase. Cross-tab analysis for each question is therefore less reliable than figures for the entire sample. i The data has also been aggregated to separate the opinions of people who live east of Highway 99W (Sections 2 & 6 on the map accompanying the survey); those who live west of Highway 99W (Sections 3, 4 & 5 on the map) and those from Section 1, which straddles Highway 99W in the middle of the city. Following compilation of survey responses, a series of six neighborhood meetings was held during the first two weeks of May, 1993. A record of issues raised at these meetings is contained in the Appendix to the principal report. Note: This survey report, and all materials generated in the conduct of the survey, are the property of the City of Tigard. All questions concerning the use of information presented in this report should be directed to the City Administrator. EXECUTIVE SUMMARY As in surveys we have performed in neighboring communities, respondents to this survey offer two very clear messages to the City Council. Work on resolving traffic problems, particularly the congestion associated with Highway 99W, and manage growth related issues in Tigard in advance of, or concurrent with, further growth. Quality of Life In general, residents are fairly pleased with Tigard as a place in which to live. On a scale of 1-10, respondents give the livability of the city a median average rating of 7.7. People enjoy living in Tigard because of its convenient location (32%); its small town feel, community spirit and neighborhoods (340/o), and its sense of safety, peace and quiet and country atmosphere (19%). Development, growth and planning issues (45%), and traffic/transportation concerns (27%), are the biggest threats people identify to the quality of life they now enjoy in Tigard. Asked to indicate what has to be done to maintain or improve the quality of life over the next two to five years, 40% of the respondents believe the city has to address planning, zoning and growth control issues, while 32% cite the need for transportation improvements to accommodate the traffic that originates in, or passes through, Tigard. Safety Issues While some people express concern about the possible encroachment of gang activity into Tigard, the majority of people feel very safe living in the community. On a 1-5 scale, where 1 is Very unsafe and 5 is Very safe, over two-thirds of those responding rate their sense of safety as a 4 or 5. Asked what would make them feel safer, respondents cited more visibility and patrols through neighborhoods (22%), tougher laws, particularly aimed at keeping gangs and drugs out of the community (20%) and more neighborhood watch/community policing activities (14%). Government Operations General Asked to indicate how well different levels of government are operating, using a 1-5 scale, where 1 = Very poor and 5 = Very well, respondents give their highest marks to the Fire District (average rating of 4.2), followed by the Water District (3.8) and the City of Tigard (3.7). State government receives the lowest rating of 2.2. Dissatisfaction with the way governments are operating is focused primarily at the state, federal and regional level, with the greatest areas of concern being waste and inefficiency (46%), finance and budget issues (37%), a sense that government is controlled by special interests (28%) and a lack of confidence in leadership and the ability of the government to be effective (21%). City of Tigard Asked to rate the overall quality of Tigard city services on a 1-5 scale, where 1 is Very low and 5 is Very high, respondents give high marks to the Library (4.4), services to seniors (4. 1), Police (4.0) and Parks (4.0). Planning and zoning is at the bottom of list with a rating of 2.8. Among those who are dissatisfied with service quality, the greatest areas of concern are with planning and zoning, street maintenance and code enforcement. There are large numbers of people who do not directly experience city services and who are unable to rate the quality of those services. Among respondents to this survey, 62% said they were unable to rate building inspection services, 52% didn't rate services to seniors and 48% failed to rate code enforcement activities. In response to questions about use of, and satisfaction with, city facilities and services, those who used a facility or service were generally quite satisfied. However, there are large numbers of people who are not directly exposed to either the facilities or services. The only two facilities or services used by a majority of responding households were the Library (79%) and Cook Park (58%). 48% said they had walked or biked on city trails and 43% had requested some form of information from the city. Public Involvement and Communications 30% of the respondents say they have attended a city meeting in the past year. 22% say they have seen a City Council meeting on cable television. 45% say members of their household have ridden Tri-Met. 30% have attended the Old Fashioned July 4th Celebration. 18% said they attended Cookin' in the Park. Asked to indicate how well the City does keeping residents informed about City issues, using the 1-5 scale where 1 is Very poorly and 5 is Very Well, two-thirds give the city a 4 or 5 for an overall average rating of 4.1. . By a 50% to 14% majority, with a large 36% undecided, respondents believe the Council provides adequate opportunities for people to participate and influence decisions made by the City. Asked to indicate how responsive the City is to citizen concerns, the average response on the 1-5 scale was a 3.4. This is a lower rating than the one given for keeping people informed (4.1). Almost half (43%) of the respondents failed to rate the City's efforts in this regard. Among those who did, one-quarter gave those efforts a 4 or 5. The City newsletter "Cityscape" is a valuable tool in communicating with the public. 82% say it is one of their top two sources of information about city services and activities, followed by Tigard Times (49%) and The Oregonian (27%). Work Outside the Home 74% of the responding households have household members who work outside the home. Households report a total of 615 workers, an average of 1.7 per household; 142 (or 23%) work in Tigard, while 473 (or 77%) work outside the City. 43% of those who leave the City for work commute to downtown Portland or other locations in Multnomah County; 26% go to other locations in Washington County and 12% to work sites in Clackamas County. General Issues Asked what one thing the City of Tigard does well, respondents give the City high marks for their public information and communications efforts (17%) and the level of citizen involvement (11%). Other items mentioned include the fact that the city it well-run Parks (16%), the feeling of safety and relatively low crime rate (11%), Library ( ) (10%). Consistent with responses to earlier questions, the two areas respondents would like to n see the Council concentrate its efforts nninl development controls (27%). improvements (37%) and growth planning and While almost half the respondents did not identify any neighborhood lproblems safety issues issues the City should address, among those who did, transportation and Pub were the major areas of interest. SURVEY OVERVIEW Quality of Life Question 1: On a scale of 1-10, where 1 is Poor and 10 is Excellent, how would you rate Tigard as a place to live today? Overall, respondents give the city a median average rating of 7.7 on a ten point scale. Table 1.1 Rating Tigard as a Place to Live Table 1.1 (1= Poor, % 10 = Excellent) 1 0% 2 0% 3 1% 4 1% 5 6% 6 10% 7 22% 8 42% 9 11% 10 7% Table 1.2 How Tigard compares to other communities Table 1.2 City/County Overall Rating City of Lake Oswego 8.4 City of Grants Pass 7.9 City of Tualatin 7.8 City of Tigard 7.7 ' City of Wilsonville 7.7 City of Post Falls, Id. 7.7 City of Newberg 7.6 Deschutes County 7.4 Washington County 7.1 • People who have lived in the community over 20 years give Tigard a slightly lower 7.6 rating. e There is no difference among homeowners and renters in their perceptions about the quality of life in Tigard. o Perceptions do differ by age group. Those 65 and over are most positive about living in the community and rate it as an 8.0. Those under 35 give it a rating of 7.8, while other age groups give it lower than average ratings. s By gender, both males and females have the same average rating of 7.7. Observations: The highest overall ratings are provided by those who are over 65 years of age. Those with higher levels of income, and people who are under 35 are also inclined to be more positive about living in the community. Compared to other communities, satisfaction levels among different cross tab groups are fairly uniform and there does not appear to be any segment of the community that is dissatisfied with living in Tigard. Question 2: If you were to name the one thing you most enjoy about living in Tigard, what would that be? For almost one-third of the respondents, 32%, Tigard's convenient location is the most significant advantage to living in the area. This is true across all sub .groups. Convenient access to work, shopping and recreation was even more important for those who have lived here five years or less (41%); those with incomes between $25-$50,000 (39%); those from Section 5 (48%) and Section 6 (67%); those who live west of Highway 99W (39%) and those under 44 (39%). Table 2.1 Things People Most Enjoy About Living in Tigard Table 2.1 Response % Convenient location 32% Small town 13% Neighborhood 11% People, community spirit 10% Country atmosphere 7% Peace & quiet 6% Safe 6% Services 5% Environment 4% Other 5% o Among people who have lived in the community five years or less, there are higher than average responses naming convenient location (41%) and peace & quiet (10%). Those who have been here over ten years give high ratings to convenient location, but also place higher value on things like small town feeling, the people & community spirit and their neighborhood. o Among income groups, those with lower incomes place higher value on people & community spirit and a feeling of safety. Observations: Tigard's convenient location and access to work; shopping and other facilities within, or in easy reach of, the city are primary factors people enjoy about living in the community. They also place a high value on those qualities normally associated with small towns - people and community spirit and a sense of neighborhood and personal safety. For many, Tigard's country atmosphere and peace & quiet are also valuable assets. The challenge for the City Council is to manage growth and development in such a way as to maintain and enhance those things that people enjoy about the community. These are the qualities that give Tigard its unique sense of charm and character. Question 3: What do you see as the biggest threat to the quality of life you now enjoy in Tigard? For 45%, issues associated with development, growth and planning are the biggest threat to the quality of life in Tigard. 27% identify concerns about traffic and transportation issues and 15% are concerned about public safety and crime. Table 3.1 Threats to Quality of Life Table 3.1 Response % Development & growth 41% Traffic/Transportation 27% Safety/Crime 15% Taxes & costs 5% Poor planning 4% Ed ucation/Schools 4% Other 4% J t e Development and growth issues are of greater concern among respondents from Section 2 (49%); and those in the 35-44 age group (47%). e Traffic and transportation issues are more likely to be mentioned by those who have lived here over 20 years (35%); those with incomes below $25,000 (36%); respondents from Section 1 (37%) and those 65 and older (34%). e Concerns about safety and crime draw higher than average responses among those who lived here for five years or less (19%); those from Section 3 (32%) and renters (21%). e For those who live in the middle of the city, traffic and transportation problems are perceived as the bigger threat. Those living east of Highway 99W are more likely to articulate the biggest threat in terms of development, growth and planning issues. Those who live west of Highway 99W are also concerned about growth and development and traffic issues in that order and also express a higher concern about crime and safety issues. Question 4: In your opinion, what needs to happen over the next 2-5 years to maintain or improve the quality of life in Tigard? Like Q2 & 3, this was an open-ended question, meaning that people responded to the question in their own words. Responses were then sorted into categories during the analysis of the information. The primary area of concern for just under one-third of the respondents is transportation related. Improvements to relieve traffic congestion on Highway 99 and Highway 217 are the most significant transportation issues. Growth related issues - the management and control of growth (25%) and better planning & zoning (150/6), are also significant concerns. Table 4.1 Perception of Needs to Maintain or Improve Quality of Life Table 4.1 Improvement Needed % Transportation Improvements 32% Growth Control 25% Better City Planning & Zoning 15% Crime/Public Safety 8% School Financing 6% Open Space & Natural Areas 4% Lower Taxes & Costs 4% Other 6% e Transportation improvements are of even greater importance among those at the top end of the income groups (41%); renters (37%); those 65 & over (42%) and males (38%). Growth controls are an even more important issue for those in the $25-$50,000 income group and those from Section 2 (33%). Better planning & zoning is more important to those earning over $75,000 (22%) and those in the 55-64 age group (26%). Observations: Transportation improvements, specifically relieving congestion on Highway 99 and Highway 217, are regarded as the most significant need to address in order to protect the future quality of life in Tigard. Closely allied to this is the need to manage and control growth in the area through better planning & zoning. At the city level, dissemination of information about the way the City is managing growth and development will be key to improving the perception that Council is meeting community needs. Public Safety Question 5: How safe do you feel living in Tigard? the average response is a 3.8. ® On a 1-5 scale, where 1 is Very Unsafe and 5 is Very Safe, Over two-thirds of those responding rated their sense of safety as a 4 or 5, which is a very good rating. Again, there is little variation among the different cross tab groups. Table 5.1 Perception of Personal Safety Living in Tigard Table 5.1 Response % 1 = Very Unsafe 1 % 2 2% 3 31% 4 53% 5 = Very Safe 14% Question 6: What would make you feel safer? Higher visibility through more neighborhood patrols (22%); tougher laws (20%); and expanded neighborhood watch/community policing activities (14%), are the top suggestions for ways in which to make people feel safer. Table 6.1 Ways to Help People Feel Safer Table 6.1 Response % Visibility/Patrols 22% Tougher Laws 20% Community Policing/Neighborhood Watch 14% More Police 11% Street Lights 8% Transportation Improvements 3% More Aggressive Traffic Enforcement 3% Other 17% There is greater interest in higher visibility and more neighborhood patrols among those who have lived here less than five years (30%); those from Section 2 (26%) and among those from Section 4 (27%). Tougher laws are supported more by those who have lived here over 20 years (29%); those at both the higher and lower ends of the income spectrum; and Section 6 respondents (27%). Interest in community policing/neighborhood watch activities is greater among those with incomes under $25,000 (19%); residents from Section 1 (19%) and Section 6 (20%); renters (22%) and those under 35 (20%). By section of the city, respondents from the central area are more interested in community policing and street lights; those from east of Highway 99W also have a higher level of interest in community policing and more visible patrols, while those from west of Highway 99W are also interested in more visible patrols and tougher laws. Observations: While some residents are concerned about the encroachment of gang activity into Tigard, and about the level of burglary and petty theft, the majority of respondents feel very safe living in Tigard. Government Operations Question 7: In general, how well would you say each of the following governments are operating? Asked to rate the overall performance of nine levels of governments on a 1-5 scale, where 1 = Very Poor and 5 = Very Well, the Fire District receives the highest average rating of 4.2, the Water District a 3.8 and the City a rating of 3.7. State government received the lowest rating at 2.2. Table 7.1 Assessment of How Well Various Governments Are Operating Table 7.1 Type of Government Rating Fire District 4.2 Water District 3.8 City of Tigard 3.7 Unified Sewerage Agency 3.4 Washington County 3.2 School District 3.1 Metro 2.8 Federal Government 2.4 State Government 2.2 ♦ Fire District ratings are higher than average among those who lived here over 20 years (4.4); those with incomes under $25,000 (4.4); renters (4.4) and those aged 65 and over (4.6). They are lower than average among those under 35 (3.9). ♦ Water District ratings are higher than average among 20+ year residents (4.1) and those aged 65 & over (4.2). They are lower among more recent arrivals (3.6); those from Section 3 (3.6); those under 35 (3.5) and between 35-44 (3.6). ♦ City of Tigard ratings are higher than average among renters (3.9) and those over 65 (4.0). They are lower than average among those with incomes over $75,000 (3.5); those from Section 3 (3.4) and Section 6 (3.5) and 45-54 year olds (3.5). Those from the central area give the City lower marks (3.6) than do those from west of Highway 99W (3.7) and those from east of Highway 99W (3.8). ♦ Unified Sewerage Agency ratings are higher than average among those from Sections 5 (3.7) and 6 (3.9); renters (3.7) and those 65 and older (3.6). They are lower in Sections 3 (3.1) and 4 (3.2) and among 45-55 year olds (3.2). s Washington County is rated higher by those who have lived here over 20 years (3.4); renters (3.4) and those over 65 (3.6). It has lower ratings among those with incomes over $75,000 (3.0); those from Section 6 (2.8) and those aged 35-54 (3.0). o School district ratings are higher among those with incomes under $25,000 ( 3.4); renters (3.3)those in the 55-64 age group (3.3) and those aged over 65 (3.5). They are lower among those with incomes over $75,000 (2.9); respondents from Section 6 (2.9); those aged under 44 (2.9) and between 45-54 (2.7). Ratings range from a low of 3.0 among those who live west of Highway 99W, to 3.1 among those who live east of Highway 99W, to 3.2 among those who live in the central part of the city. o Metro draws higher ratings from renters (3.0) and lower ratings from Section 6 respondents (2.5) and males (2.6). o The federal government gets higher marks from those who have incomes below $25,000 (2.6); Section 3 respondents (2.6); renters (2.7) and those over 55 (2.7). It gets lower grades from those aged under 44 (2.2). o The state government is rated higher by those with incomes under $25,000 (2.5); Section 3 respondents (2.5); renters (2.6) and those over 55 (2.6). Question 7A: If you rated any government(s) poorly, please indicate why? Respondents were able to offer responses about two levels of government (for this reason percentages do not add to 100%). 72% of the respondents made comments about the poor performance of one or more levels of government. The majority of these comments relate to those agencies that rank lowest in the previous question i.e. State government, Federal government and Metro. Concerns about waste and inefficiency were mentioned by 46% of those responding, followed by concerns about finance and budgeting (37%); a sense that agencies were too political and beholden to special interests (28%) and a lack of confidence in the ability of the agency to be effective (21 Question 8: What is your perception of the overall quality of the following services offered by the City of Tigard? A 1-5 rating scale was used for this question. 1 represents "very low" quality, while 5 represents "very high " quality. Not all respondents are familiar with each of the services so a "don't know" option was included as 6. Table 8.1 shows ratings expressed as a weighted average of all the responses (excluding the "don't knows"). A higher number signifies a higher overall perception of quality among users of that service. Library, services to seniors, police and parks are regarded as the highest quality service across practically all cross-tabs. At the bottom end of the list, respondents were generally unimpressed with the effectiveness of planning & zoning and code enforcement services. It should be pointed out that, in other surveys we have conducted throughout Oregon, these regulatory activities are always rated towards the bottom end of any list of services. Table 8.1 Service Ratings (in descending order of perceived quality.) Table 8.1 Service Rating Library 4.4 Services to Seniors 4.1 Police 4.0 Parks 4.0 Sewer Maintenance 3.7 Building Inspection 3.3 Street Maintenance 3.3 Code Enforcement 3.2 Planning & Zoning 2.8 As Table 8.2 shows, there are large numbers of people who are unaware of certain services. For example, 62% said they couldn't rate building inspection services, while 52% felt they were unable to rate the service quality of Services to Seniors, and 41% did not provide a rating for sewer maintenance. Table 8.2 Service Quality 1= Very 2 3 4 5= Very 6= Don't Low High Know Library Services 1% 1% 7% 30% 46% 14% Services to Seniors 1% 1% 10% 20% 17% 52% Police Services 1% 3% 18% 44% 25% 8% Parks Services 1% 3% 17% 38% 26% 14% Sewer Maintenance 2% 3% 17% 25% 12% 41% Street Maintenance 7% 11% 33% 33% 10% 6% Building Inspection 1% 5% 16% 11% 4% 62% Code Enforcement 4% 7% 20% 16% 5% 48% Planning & Zoning 12% 16% 24% 16% 3% 29% Table 8.2 Service Ratings (Spread of support) Table 8.2 indicates the breadth of feeling people have about city services. Library services are clearly perceived as "the" quality service garnering 46% of the top ratings. Parks and Police run second with a quarter of the respondents giving these services the highest rating. At the other end of the scale, planning & zoning receive proportionately more lowest ratings. The table also shows the percentage of "don't know" responses for each service, i.e., people who, for whatever reason, felt uncomfortable rating a particular service. ♦ By area of the city, those who live in the central section gave lower than average ratings for planning & zoning, while those who live west of Highway 99W gave higher than average grades to code enforcement. Ratings for other services were fairly uniform throughout the city. Question 8A: If you rate any service(s) as low, please indicate why? Like Q7A, this was an open-ended question where respondents were free to identify up to two services and indicate why they thought service quality was poor (totals add up to more than 100%). 44% chose to make comments in this question. Consistent with other responses, 45% of these respondents expressed some concern about planning and development issues. 25% mentioned a concern about maintenance and repair services, 13% commented on transportation issues, 12% mentioned responsiveness concerns, 11% were concerned about the influence of special interests, 10% questioned the way the City develops priorities and 10% expressed concern about work quality. ♦ By sections of the community, planning & development issues were of greater concern among those from east of Highway 99W (52%), than they were for those from the central area (44%) and those from west of Highway 99W (39%). Transportation concerns were higher among those from the central area (18%). Observations: The ranking of services in Table 8.1 reflects user's impressions of overall service quality. Library services, Services to Seniors, Parks and Police are the city's highest rated services in terms of overall quality. Planning & zoning is perceived as the service with the lowest overall quality. The relatively low rating for planning & zoning is not unique to Tigard. Surveys in other communities throughout the state and nation also place planning and development at the low end ofany list ofservices. Actual survey responses include comments by respondents who gave lower ratings for individual services. Council members and City staff are encouraged to review these response sheets carefully to obtain a good understanding of citizen concerns about these services. Question 9: If, in the past year or so, you or any member of your household have done any of the following, please indicate your level of satisfaction with that activity? In general, people who used a city facility or service are very satisfied with that experience. However it is significant to note that many respondents either do not use, or did not rate many city services. Table 9.1 shows the percentages of respondents in these categories and Table 9.2 indicates the ratings provided by those who have actually used the facility or service. Table 9.1 Percentage of Users and Non-Users of City Facilities and Services Table 9.1 Facility/Service Users Don't Non- Know Users City Library 79% 3% 18% Cook Park 58% 4% 38% Summerlake Park 23% 8% 69% Fanno Creek Park 21% 7% 72% Biked/Walked City Trails 48% 6% 46% Senior Center Activities 14% 5% 81% Class offered by City 11% 7% 82% Crime Prevention Program 36% 7% 57% Non-traffic Contact with Tigard Police 37% 5% 58% Traffic-related Contact with Tigard PD 15% 7% 78% Street Maintenance 12% 6% 82% Sewer Maintenance 6% 7% 87% Done Business with Building Dept. 12% 7% 81% one Business with Planning & Zoning 17% 7% 76% Done Business with Engineering Dept. 11% 6% 83% Called City Requesting Information 43% 5% 52% At a time when attention is being focused on making public and private sector businesses more focused on "customer service", this table suggests that a local government such as the City of Tigard provides services to many "customers" including those who vote on funding measures; those who pay to provide city services; those who use those services, and those who deliver the services, to name but a few. Often, the interests of these different customers are not the same and may be diametrically opposed. The special challenge for the city is to align as many of these interests as possible. While city residents are impacted by the services the City provides, the average city resident has little direct interaction with the city. Attention is only drawn to many activities when they breakdown, or are not performed. Hopefully, the City's C.I.T. program will be an additional tool to reach out to its customers among the silent majority of citizens. In Table 9.2, satisfaction is measured on a 1-5 scale, where 1 = Very Dissatisfied and 5 = Very Satisfied. The number shown in the table reflects the average rating provided for each service by those responding; A number closer to 5 reflects a higher level of satisfaction with a particular service. Because this rating is provided only by those who have used a service, i.e., those in the User column in Table 9. 1, the number of respondents rating each service varies considerably, from 79% of all respondents for library services to only 6% for sewer maintenance. Table 9.2 Satisfaction Ratings for City Services Table 9.2 Service Rating 0 Library 4.5 Senior Center Activities 4.5 Used Cook Park 4.4 Used Summerlake Park 4.4 Taken a City Class 4.4 Biked/walked a City Trail 4.3 Crime Prevention 4.3 Non-traffic contact with Tigard PD 4.3 Used Fanno Creek Park 4.0 Requested Information from City 4.0 Used Building Department 3.8 Traffic-related contact with Tigard PD 3.6 Street Maintenance Assistance 3.5 Sewer Maintenance Assistance 3.5 Used Planning & Zoning Dept. 3.4 Used Engineering Dept. 3.3 ♦ Generally, those with lower incomes tend to give higher overall ratings for city services than did those with higher incomes. For example the average rating, over all services, provided by those with incomes of less than $25,000 is a 4.4, compared to a 3.8 among those with incomes over $75,000. The difference lies in lower levels of satisfaction with the Engineering and Building Departments and the use of Fanno Creek Park among higher end income earners and higher than average levels of satisfaction with those services, as well as street and sewer maintenance among low income respondents. r o There are also observable differences in the generosity of ratings on the basis of age. Those under 35 tend to give lower average scores (3.7) than do those in the 65 and over age group (4.4). The differences are greatest in the ratings given for traffic related contact with the Police Department, street and sewer maintenance and contact with the Engineering Department. Differences are also seen in the ratings provided by respondents from different sections of the city. Fanno Creek Park ratings range from a 3.8 among those from the central area to 4.3 among those from west of Highway 99W. Senior Center Activities range from a high of 5.0 among those from the central area to 4.3 from those west of Highway 99W. Traffic-related contact ratings range from 3.2 among those from east of Highway 99W to 4.1 among those from the west of the Highway. Sewer maintenance ratings are really low (2.3), in the central area and 3.7 elsewhere. Similarly, planning & zoning ratings are only 2.9 in the central area and 3.6 elsewhere. Observations: Among those who use them, city services enjoy relatively high ratings. There are relatively high numbers of non-users of certain services and a more adequate measure of the quality of these services may be a specific user survey among the "customers" who actually receive that service. In some aspects of its business activities, the City is like a business that competes for its revenues from sales of products or services to a particular segment of the marketplace e.g. classes offered by the City. In others, it sells services to a specific user group e.g. development interests, but does so in a non-competitive environment. In still others, there is no transaction-based relationship between the cost of the service used and the use of that service e.g. taxes are levied on property owners to pay for services like library, parks and police, regardless of their use of those services. Identifying the City's many "customers"; recognizing their different interests and devising strategies to keep as many of these interests aligned for as long as possible is the City Council's biggest challenge. Question 9A: If you are dissatisfied with an amenity or service, please indicate why? Like Q7A and 8A, this was an open-ended question where respondents were free to identify up to two services and indicate why they thought service quality was poor. (Responses will add up to more than 100%). 22% choose to make comments in this question. 30% of these respondents expressed some concern about staffing and personnel issues. 24% mentioned a concern about parks and recreation, 23% commented on public safety concems, 18% mentioned that issues they were concerned about were not adequately r resolved and 10% were concerned about neighborhood issues. Question 9B: If your household is not a user of either the library or city parks, is there a particular reason why? 23% responded to this question. For 44% of them, these services are not being used because people have no occasion to use them. 19% cite not enough time. For 11% (12 people), the issue is poor service, or the availability of better service elsewhere e.g. people who work in downtown Portland or who go to school, have access to either the Multnomah County Library or University/College libraries. Ignorance about location and lack of proximity to parks is mentioned by 22%. Question 10: In the past year, have you, or a member of your household, done any of the following? The purpose of this question was to find out if households in Tigard participated in specific community activities. e 30% of the responding households say a member of that household has attended a City meeting, either of Council or other public meetings on city issues. • 22% say they have watched a City Council meeting on Cable Television s 45% say household members have ridden a Tri-Met bus in the past year or so. e 30% say household members attended the Old Fashioned July 4th celebration. ♦ 18% say they attended Cookin' in the Park. Responses for attending city meetings and cable television viewing are consistent with experience in other communities. Participation in transit ridership is higher than other communities. Public Involvement and Communications Question 11: How well does the City keep you informed about city issues? On a scale of 1-5, where 1 = Very poorly and 5 = Very well, respondents give the City a median average rating of 4.1. Two-thirds of the respondents rate the City's efforts as either a 4 or a 5. Table 11.1: Rating How Well the City Keeps the Public Informed Table 11.1 Rating % 1 = Very Poorly 3% 2 4% 3 23% 4 33% 5 = Very Well 33% 6 = Don't Know 5% ♦ Those who have lived here less than five years give the City the same rating for keeping them informed as do those who have been in the community 20 years or more (4.0). o By section of town, those who live in the central area give the city lower ratings, (3.8), than do those who live west of Highway 99W (4. 1), and those on the east side (4.2). o Renters give higher ratings (4.2), than do owners (4.0). e Ratings increase with different age groups, ranging from. 3.8 for those under 45 to a 4.5 among those over 65. Question 12: Do you believe the City provides adequate opportunities for people to participate and influence decisions made by the City? By a 50% to 14% majority (with a large 36% undecided), respondents believe the City does provide adequate opportunities for citizen involvement. • Even more inclined to feel positively on this issue are those who have lived here between 6-10 years (62%) and those with incomes between $50-75,000. e More likely to react negatively are those who live in the central area of the city (23%). o In the large undecided category, there are higher than average numbers for those who have lived here five years or less (46%); renters (40%) and those under 35 (40%). In Table 12. 1, we look at these responses by sections of the city. Table 12.1. Perception of Opportunity to Participate and Influence City Decisions. Table 12.1 Section Yes No Don't Margin between Know Yes and No Central City area 44% 23% 34% +21% West of Highway 99W 52% 11% 37% +39% East of Highway 99W 51% 12% 36% +39% Question 13: How responsive is the City to Citizen Concerns? On a scale of 1-5, where 1 = Not at all responsive and 5 = Very responsive, respondents give the City a median average rating of 3.4. Almost half, 43%, of the respondents chose not to rate the City's efforts in this regard. Among those who did, one-quarter gave those efforts a 4 or 5. 'f'able 13.1: Rating the City's Responsiveness to Citizen Concerns 'f'able 13.1 Rating % 1 = Not at all responsive 3% 2 9% 3 20% 4 20% 5 = Very responsive 7% 6 = Don't Know 43% ♦ Average ratings range from a high of 3.7 among those who have lived here between ' 6-10 years to 3.3 among those who have been here over 10 years. ♦ Renters give higher ratings (3.6), than do owners (3.4). • Ratings are lower among the 45-64 age group (3.2), but higher among those over 65 (3.7). s Females rate the City's efforts higher (3.5), than do males (3.3). Observation: The City should feel good about the high rating respondents provide for its public information efforts and for the opportunities it creates for citizens to participate and influence decisions made by the city. The city should work to maintain this perception and, in particular, seek out opportunities with residents of Section 1, the central city area, to do some fence mending. Grades on the level of responsiveness to citizen concerns are lower and the City should review not only the extent to which it feels it is responsive, but also the degree to which it communicates its responsiveness to the general public. The high number of undecideds may be reflective of the earlier observation that a large number of respondents don't have any contact with the City. Question 14: Which of the following do you consider to be your two best sources of information about services and activities in Tigard? Clearly, the City's newsletter "Cityscape" is an important communications tool not only for the City but also among the citizens of Tigard. 82% of those responding to this question identify it as one of their top two sources of information about city services and activities. This high level of association with a City publication probably accounts for the very high public information rating given by respondents in answer to Q11. Table 14.1 Most Important Information Sources For Tigard Services and Activities Table 14.1 Information Source % Cityscape 82% Tigard Times 49% The Oregonian 27% Friends & Neighbors 16% Other 17% ♦ The Tigard Times is mentioned more often by those who have lived here longer; those with higher levels of income; those from the central area of the city; homeowners; those in the 35-54 age group and females. • The Oregonian is more likely to be mentioned by more recent arrivals; those with incomes at the lower end of the scale; those from west of Highway 99W; renters; those aged over 55 and males. Work Outside the Home Question 15: How many people who live in your household work outside the home? Of the 483 households responding, 356, or 74%, had one or more members who worked outside the home. • Over half (54%) of these households had two members who worked, while 37% had only one household member who worked outside the home. 10% had three or more household members who worked outside the home Question 16: Where do these people work? Reporting households have a total of 615 workers (an average of 1.7 workers per household) ♦ Of the 615 people reported as working outside the home, 142, or 23%, work in Tigard. 473, or 77%, work outside the city. e 50% of the renter households report having one or more household members who work in Tigard, compared to 39% of the owner occupied households. Among those who leave the city for their employment, 31% commute to downtown Portland and a further 12% go to other locations in Multnomah County; 26% to locations in Washington County; 12% to locations in Clackamas County and 19% to other locations including Salem. e Among those who commute to downtown Portland, there is a higher number of respondents who have lived in the area five years or less, and who are under age 35. s There are higher percentages of local workers among those households that have been established in Tigard for over 10 years. Local employment numbers are also higher among households from the central area of the city. Observations: Over three-quarters of the workforce from responding households leaves Tigard to go to their place of work Just under half of the job locations for Tigard residents who work outside the city are to the north of Tigard and downtown Portland is still a major employment center for local residents. A quarter of the Tigard workers who leave the city commute to other locations throughout Washington County, making improved intra- county transportation alternatives an important consideration for the City Council. These commuting patterns help to explain the high Tri-Met ridership noted in response to an earlier question. Without adequate public transit links, not only to downtown Portland, but also within the County, commuters have little alternative but to use private automobiles to get to work General Issues Question 17: What is One Thing the City of Tigard Does Well? This was another open-ended question in which respondents were able to describe, in their own words, something the City does well. 62% of the respondents took the opportunity to do so and the City drew good marks for public information and communications (17%) and citizen involvement efforts (11 Table 17.1 Things the Council Does Well Table 17.1 Function % Public Information/Communications 17% Citizen Involvement 11% Well-run City 16% Feeling of Safety/Low Crime 11% Library 11% Parks 10% Other 23% Table 18.1 Most Important Council Issue Over Next Twelve Months Table 18.1 Issue Rating o Public information and communication efforts are given even higher ratings by those who have lived here five years or less, those in the $25-$75,000 income brackets; those over 65 and females. Question 18: What in your opinion is the one most important issue you want to see the Tigard City Council work on over the next twelve months? While 23% did not identify any particular item, among those who did transportation improvements were a priority, suggested by 37% of the respondents. Growth and development controls, along with long range planning were mentioned by 27%. Transportation Improvements 37% Growth & Development Controls 22% Long Range Planning 5% Tax and Finance Controls 9% Crime & Public Safety 8% Environment, Parks & Open Spaces 6% Other 14% o Transportation improvements are even more important for longer term residents (47%); those with incomes under $25,000 (46%); those from the central section of the city (45%); renters (55%); and those over 65 (49%). e Growth and development controls are more likely to be mentioned by 6-10 year residents (32%); those from east of Highway 99W (25%) and 45-54 year olds. Question 19: Is there a specific problem or project that the City should address in your neighborhood? 43% did not identify a problem or project. Among those who did, transportation and public safety issues are the most frequently mentioned items. Table 19.1 Neighborhood Problem or Issue City Should Address Table 19.1 Issue Rating Transportation Issues 33% Safety Patrols, Lights, Sidewalks 19% Speeders 11% Crime Issues and Gangs 5% Environment, Parks & Open Spaces 9% Cleanliness & Maintenance 7% Code Enforcement 3% Other E% ♦ Transportation issues are even more important for longer term residents (38%); those Nvith incomes under $25,000 (421/6); renters (50%); and those over 65 (42%). Demographics Question 20: How long have you lived in Tigard? Overall, respondents have lived in the community for a median average of 10.2 years. One-third of the respondents have lived in the area less than five years. C Table 20.1 Length of Time in Tigard Table 20.1 Response % Less than 5 years 33% 6-10 Years 21% 11-20 Years 24% Over 20 Years 21% ♦ Renters, with an average length of residence of 4.9 years, have lived in the community for a shorter time period than homeowners, who average 11.1 years. • The average length of residence also differs by section of the city. Respondents from the central section have lived here an average of 11.9 years, compared to 9.9 elsewhere. s Looking at income levels, the average length of residence for those with incomes under $25,000 is 13.9 years. It is 12.1 years for those with incomes over $75,000 and much lower for those in between. Question 21: In which section of the City do you live? 45% of the respondents were drawn from the area to the east of Highway 99W encompassing Police Department Service areas #2 and #6 (see map in Appendix). 38% were drawn from the area to the west of Highway 99W in Police Service areas #3, #4 & #5. 17% are from Police Department Service area #1, in the central part of the city. Question 22: In which of the following age groups are you? The median average age of the sample group is just over 48 years. . Table 22.1 Respondents by Age Group Table 22.1 Age % Under 35 18% 35-44 26% 45-54 20% 55-64 12% 65 & Over 25% ( e Renters have an average age of 49.2, while homeowners average 48.1 years of age. 1 ® The average age of respondents from the central section of the city is 43.5 years. It is 45.7 among those from west of Highway 99W, and 54.1 among respondents who live east of Highway 99W. o The average age of those with incomes under $25,000 is over 65. Question 23: In which of file following categories was your total household income, before taxes, in 1992? 945 of the respondents answered this question. The median average household income among these respondents was $50,300. Table 23.1 Respondents by Income Group Table 23.1 Income Group % Under $25,000 16% $25,001450,000 34% $50,001-$75,000 34% Over $75,000 16% e Higher levels of annual income are recorded by respondents from the central section of the city ($56,300), when compared to those from east of Highway 99W ($49,800), and west of 99W ($48,700). e Homeowners have higher average incomes ($54,100), than renters ($30,500). Table 23.2. Income Levels By Age Group Table 23.2 Age Group Median Average Income Under 35 $54,700 35-44 $56,800 45-54 $62,100 55-64 $52,200 Over 65 $35,300 r Question 24: Do you rent or own your own residence? In this sample, only 12% are renters, while 88% are homeowners. The number of rental units in the community is much higher. Where the views of renters differ from those of homeowners, those differences are highlighted in the report. From a sense of impact on city affairs, renters are less likely to be registered voters and usually less involved in city issues. s Renters are characterized by having higher responses in the under five years residence category (22%); the under $25,000 income group (40%); the under 35 age group (20%) as well as the over 65 age group (17%). Question 25: Gender 56% of the respondents are female; 44% are male. Given the nature of the survey i.e. calling for written responses to be completed within each household, it is highly likely that responses to the survey are the result of a collaborative effort among household members. By section of the city, a higher percentage of males (49%) responded from the area east of 99W, while a higher percentage of females responded from the area to the west of 99W (61%).