City Council Packet - 09/28/1993
WMM
CITY 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 testifying be
present by 7:15 p.m. to sign in on the testimony sign-in sheet. Business agenda Items
can be heard in any order after 730 p.m.
Assistive Listening Devices are available for persons with impaired hearing and should
be scheduled for Council meetings by noon on the Monday prior to the Council meeting.
Please call 639-4171, Ext. 309 (voice) or 684-2772 (TDD - Telecommunications Devices
for the Deaf).
Upon request, the City will also endeavor to arrange for the following services:
• Qualified sign language interpreters for persons with speech or hearing
impairments; and
• Qualified bilingual interpreters.
Since these services must be scheduled with outside service providers, it is important to
allow as much lead time as possible. Please notify the City of your need by 5:00 p.m. on
the Thursday preceding the meeting date at the same phone numbers as listed above:
639-4171, Ext. 309 (voice) or 684-2772 (TDD - Telecommunications Devices for the Deao.
SEE ATTACKED AGENDA
COUNCIL AGENDA - SEPTEMBER 28, 1993 - PAGE 1
TIGARD CITY COUNCIL MEETING
SEPTEMBER 28, 1993
AGENDA
• STUDY SESSION (Town Hall Conference Room - 5:30 P.M.)
Discussion: Year 4 Solid Waste Reduction Program (Washington County)
Agenda Review
Council Communications/Liaison Reports
1. BUSINESS MEETING (7:30 p.m.)
1.1 Call to Order - City Council & Local Contract Review Board
1.2 Roll Call
1.3 Pledge of Allegiance
1.4 Call to Council and Staff for Non-Agenda Items
2. VISITOR'S AGENDA (Two Minutes or Less, Please)
3. PRESENTATIONS:
3.1 Acknowledgement & Recognition - Eagle Scout Project - Cleaning of
Pathfinder Creek
3.2 Introduction - Citizen Involvement Team (CIT) Facilitators
3.3 Proclamation - Crime Prevention Month (October)
3.4 Proclamation - Recycling Awareness Week (October 2-9)
3.5 Proclamation - Students Watching Over Our Planet Earth (SWOOPE)
Y Awareness Month (October)
3.6. Acknowledgement & Recognition - Certificate of Achievement for Excellence
in Financial Reporting and Distinguished Budget Award
4. 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:
4.1 Approve Year 4 Goals - Washington County Wasteshed Reduction -
Resolution No. 93-(4s
4.2 Support Application for General Assistance to Construct Sidewalks and
Related Improvements on Grant Avenue; Make Exterior Improvements to
the Tigard Senior Center; and Expand the Tigard Youth Services Center -
Resolution No. 93-ue
4.3 Approve Intergovernmental Agreement with Washington County for MSTIP
Road Improvement Project on Bull Mountain Road
4.4 Approve Budget Adjustment for Bull Mountain Road Project (County MSTIP)
- Resolution No. 93-u?
4.5 Approve Intergovernmental Agreement For Mutual Aid Among Law
Enforcement Agencies in Washington County - Resolution No. 93-48
COUNCIL AGENDA - SEPTEMBER 28, 1993 - PAGE 2
5. PUBLIC HEARING (QUASI-JUDICIAL) - LEGALIZATION OF RIGHT-OF-WAY
FOR S.W. 93RD AVENUE
a. Open Public Hearing
b. Declarations or Challenges
C. Staff Report - Engineering Department
d. Public Testimony
Proponents
Opponents
Rebuttal
e. Council Questions/Comments
f. Public Hearing Closed
g. Council Consideration: Ordinance No. 93-~ q
6. PUBLIC HEARING (QUASI-JUDICIAL) - LEGALIZATION OF RIGHT-OF-WAY
FOR S.W. 112TH AVENUE
a. Open Public Hearing
b. Declarations or Challenges
C. Staff Report - Engineering Department
d. Public Testimony
Proponents
Opponents
Rebuttal
e. Council Questions/Comments
f. Public Hearing Closed
g. Council Consideration: Ordinance No. 93-
7. CONSIDERATION OF PARKING RESTRICTIONS ON DARTMOUTH STREET -
ORDINANCE NO. 93-QV
• Staff Report - Engineering Department
8. CONSIDERATION OF PARKING RESTRICTIONS ON SW 72ND AVENUE -
ORDINANCE NO. 93-??
• Staff Report - Engineering Department
9. PRESENTATION OF 99W TASK FORCE RECOMMENDATIONS - PROPOSAL
FOR APPROVAL OF SCOPE OF WORK
• Staff Report - Community Development Department
10. CHARTER AMENDMENT DISCUSSION
• Staff Update - City Administrator
C COUNCIL AGENDA - SEPTEMBER 28, 1993 - PAGE 3
11. ADMINISTRATIVE REVIEW & UPDATES
Scholls Ferry Billboard
Link/Shrauger Property
12. MAIN STREET PROPERTY DISPOSITION
• Staff Update & Recommendation - City Administrator
13. NON-AGENDA ITEMS
14. 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.
15. ADJOURNMENT
ccaO928.93
1
COUNCIL AGENDA - SEPTEMBER 28, 1993 - PAGE 4
elm
Council Agenda Item I
TIGARD CITY COUNCIL
MEETING MINUTES - SEPTEMBER 28, 1993
• Meeting was called to order at 5:43 p.m. by Council President Schwartz.
1. ROLL CALL j
Council Present: Council President John Schwartz; Councilors Judy Fessler,
Wendi Conover Hawley, and Paul Hunt. Staff Present: Loreen Edin, Acting Public
Works Director; Wayne Lowry, Finance Director; Ed Murphy, Community
Development Director; Liz Newton, Community Involvement Director; Tim Ramis,
Legal Counsel; Patrick J. Reilly, City Administrator; Catherine Wheatley, City
Recorder; and Randy Wooley, City Engineer.
STUDY SESSION
Yard Debris Update by Loreen Edin. Acting Public Works Director: Ms. Edin distributed
an outline which highlighted the Council action sought. (See Council packet for a copy
of this document.) Council discussed followed. Councilor Hunt questioned whether there
was any consideration for making garbage service mandatory participation. It was noted
that 85% of Tigard residents pay and receive garbage service. If all citizens were required
to pay for service, the problem of refuse being dumped on the road and elsewhere may
be avoided.
Councilor Hunt noted if people can opt out of paying for the yard debris service, he would
expect that some people would go together with their neighbors and use one recycling
bin. If enough of this were to happen, the result would be that more people would drop
the service and the rate, overall, would go up. There was a question as to whether or not
it would be legal to require people to pay for garbage. Legal Counsel Ramis advised he
thought this could be achieved, but would have to take a look at under what
circumstances this could be justified.
A waiver program to opt out of the yard debris program could be implemented. Ms. Edin
cautioned that care should be taken to avoid having the waiver program become so
complicated that it would require extra staffing.
Ms. Edin advised the curbside yard debris program is required to be implemented by
July 1, 1994. Council President Schwartz suggested this issue could be reviewed by the
CIT's.
" CITY COUNCIL MEETING MINUTES - SEPTEMBER 28, 1993 - PAGE 1
Before presenting the yard debris program implementation challenge to the CIT's, cost
information must be obtained and the issues framed. Discussion followed. There was
concern over whether or not this would be a good time to make a change in policy for
the commercial subsidy of residential. Both sides of the issue were discussed, noting
there were several rate increases which will be borne by residents in the near future. City
Administrator Reilly advised such a rate increase could be phased in.
Ms. Edin summarized: The debris curbside collection must begin July 1, 1994. A request
could be made once again to DEQ to ask for a phase-in of the program so start-up costs
would not occur all at once. Cost information with regard doing away with commercial
subsidy of residential will be analyzed. Council policy would be to do the minimum to
move forward in meeting the DEQ requirements.
Ms. Edin introduced Delyn Kies, Solid Waste Management Coordinator, and Lynne Storz,
Recycling Project Specialist Washington County. Ms. Kies noted DEQ advised
Washington County they were not recovering enough yard debris in the depot program
and mandated implementation of curbside pickup. An request for an extension to start-up
of the curbside program was denied by DEQ. Ms. Kies said she would be willing to ask
again for a six-month extension to help phase in rate increases for Tigard users.
in summary of Council discussion on implementation of the yard debris program, City
Administrator Reilly noted staff would follow these guidelines: (1) staff would continue to
work towards implementation of the yard debris program to be in place by July 1, 1994;
C (2) nothing would be done which would aggravate the subsidy of commercial to
residential; (3) a review of alternatives would be presented the CIT's for their involvement.
CIT review would include a means of public notice so citizens and business owners are
aware of the changes that are coming. It is expected recommendations will be before
City Council in March, 1994.
Ms. Kies then reviewed the recent Metro decision to cancel construction of the Wilsonville
Transfer Station.
Ms. Storz reviewed the information contained in Council packet (see item 4.1) with regard
to Year 4 of the waste reduction efforts in Washington County.
Agenda Review
Councilor Hunt noted he would be requesting that Consent Agenda Item 4.2, Community
Development Block Grant Project Applications, be pulled for separate consideration.
City Administrator Reilly advised Item No. 11, the Scholls Ferry Billboard, would be
addressed on October 12. In addition, the report on the Link/Schrauger property would
be discussed during Executive Session.
0 CITY COUNCIL MEETING MINUTES - SEPTEMBER 28, 1993 - PAGE 2
Councilor Hawley asked a question concerning reappointments to the 99W Task Force.
City Administrator Reilly advised consultation with Mayor Edwards would necessary.
Council Liaison Reports
Councilor Hunt commended Councilor Fessler for keeping Council informed on MPAC.
Councilor Fessler gave a brief update on the Multnomah County request to give Metro
some of its properties and functions for Metro to administer.
Metro has been advised by a number of jurisdictions with concerns on how these
transfers may affect the Greenspaces program, and how this would alter the Greenspaces
program, in their perception. Metro is realizing a good inventory of the Greenspace
projects and properties would be needed.
Councilor Fessler noted MPAC is considering sponsoring an audit, but they have no
budget. She advised they may need to "pass the hat." City Administrator Reilly advised
he understood Metro would be presenting their Greenspaces program again in March.
Community Development Block Grant Policy Advisory Board
Councilor Hunt, announced he would no longer serve on the CDBG Policy Advisory
Board. He commended staff member Duane Roberts for his work associated with City
involvement for CDBG applications. City Administrator Reilly advised he would be asking
another Councilor to serve on the Board in the near future.
Executive Session
The Tigard City Council went into Executive Session at 7:10 p.m. under the provisions of
ORS 192.660 (1) (d), (e), & (h) to discuss labor relations, real property transactions,
current and pending litigation issues.
Council recessed at 7:20 p.m.
BUSINESS MEETING
The business meeting was called to order by Council President Schwartz at 7:30 p.m.
• Call to Council and staff for non-agenda items. There were none.
• City Administrator Reilly noted the Link\Schrauger property discussion (see
Item No. 11) would be discussed during Executive Session.
CITY COUNCIL MEETING MINUTES - SEPTEMBER 28, 1993 - PAGE 3
2. VISITOR'S AGENDA:
'n Tom Auran, 1151 SW 50th Avenue, Portland, Oregon, advised he was part
owner of Alchemy Analytical, Inc., an environmental sampling and testing
company. This business is located at 12242 SW Garden Place, Tigard,
Oregon. He advised employees were in the process of negotiating the
purchase of the company from the owners. He requested City of Tigard
Council approve a resolution, of which he had a sample copy for format, in
order to seek financial assistance from the Oregon Business Development
fund.
Council President Schwartz consulted with Legal Counsel. Ramis. Mr. Ramis
advised he would review the sample resolution which could then be
considered during the non-agenda portion of the meeting.
• Mike Marr, 12420 SW Main Street, Tigard, Oregon, advised he was present
to hear Council discussion on Agenda Item No. 12, Main Street Property
Disposition. Mr. Marr requested an opportunity to give input on this item.
3. PRESENTATIONS:
3.1 Acknowledgement & Recognition - Eagle Scout Project - Cleaning of
Pathfinder Creek
• Council President Schwartz read the letter submitted in the Council
packet with regard to the Boy Scout/Eagle Scout project on
Pathfinder Creek.
Council President Schwartz read the names of the Scouts. The boys
were presented with a small gift from the City of Tigard in
appreciation.
3.2 Introduction - Citizen Involvement Team (CIT) Facilitators
• Council President asked all the Citizen Involvement Team members
from the various CIT sections of the City to come forward. Council
President Schwartz noted his appreciation for their time spent the
training process. He gave words of encouragement as the CIT's
embark on their first projects.
3.3 Proclamation - Crime Prevention Month (October)
• Council President Schwartz read the proclamation into the record.
A copy of the proclamation can be found in the Council packet.
3.4 Proclamation - Recycling Awareness Week (October 2-9)
• Council President Schwartz read the proclamation into the record.
A copy of the proclamation can be found in the Council packet.
CITY COUNCIL MEETING MINUTES - SEPTEMBER 28, 1993 - PAGE 4
3.5 Proclamation - Students Watching Over Our Planet Earth (SWOOPE)
Awareness Month (October)
• Council President Schwartz read the proclamation into the record.
A copy of the proclamation can be found in the Council packet.
3.6. Acknowledgement & Recognition - Certificate of Achievement for Excellence
in Financial Reporting and Distinguished Budget Award
• Council President Schwartz noted the Certificate of Achievement for
Excellence in Financial Reporting has been awarded to the City of
Tigard. The Government Finance Officer's Association wrote the
following to Mayor Edwards: 'This is the highest form of recognition
of governmental accounting and financial reporting, and its
attainment represents a significant accomplishment by government
and its management."
Council President Schwartz asked Wayne Lowry, Finance Director,
to come forward and noted the following: "When a Certificate of
Achievement is awarded to a government, an award of financial
reporting achievement is also presented to the individual designated
by the government as primarily responsible for its having earned this
certificate.
Council President Schwartz congratulated Wayne Lowry for receiving
this honor.
Tigard has also received, since 1987, the Distinguished Budget
Presentation Award. Council President Schwartz advised he was
pleased to announce the City of Tigard recently was awarded a
Distinguished Budget Presentation Award for the fiscal year
beginning July 1, 1992. In order to receive this award, the City must
publish a budget document that meets program criteria as a policy
document, as an operations guide, as a financial plan, and as a
communication device.
Council President Schwartz presented the award to Wayne Lowry,
Finance Director.
CITY COUNCIL MEETING MINUTES - SEPTEMBER 28, 1993 - PAGE 5
4. CONSENT AGENDA:
Councilor Hunt requested Item 4.2 be removed for separate consideration.
4.1 Approve Year 4 Goals - Washington County Wasteshed Reduction -
Resolution No. 93-45
4.3 Approve Intergovernmental Agreement with Washington County for MSTIP
Road .Improvement Project on Bull Mountain Road
4.4 Approve Budget Adjustment for Bull Mountain Road Project (County MSTIP)
- Resolution No. 93-47
4.5 Approve Intergovernmental Agreement For Mutual Aid Among Law
Enforcement Agencies in Washington County - Resolution No. 93-48
Motion by Councilor Fessler, seconded by Councilor Hunt, to approve Items
4.1, 4.3, 4.4, and 4.5.
Motion was approved by unanimous vote of Council present (Council
President Schwartz, and Councilors Fessler, Hawley, and Hunt voted "yes.")
4.2 Support Application for General Assistance to Construct Sidewalks and
Related Improvements on Grant Avenue; Make Exterior Improvements to
the Tigard Senior Center; and Expand the Tigard Youth Services Center -
Resolution No. 93-46
Councilor Hunt advised he was concerned that directing staff to go ahead
to apply for the CDBG funds would be by-passing the budget process.
Councilor Schwartz noted the dollars the City pays for these projects are a
relatively small portion of the total amount. He acknowledged the budget
process did not allow for review and prioritizing of the potential funds
expended for these projects. He noted the timing was such that the
information was not available to present to the Budget Committee. City
Administrator Reilly agreed that the timing did not allow for the CDBG grant
requests to be integrated into the budget process.
After brief discussion, there was a motion by Councilor Hawley, seconded
by Councilor Fessler, to approve Agenda Item 4.2 to support the application
for general assistance to construct sidewalks and related improvements on
Grant Avenue; make exterior improvements to the Tigard Senior Center;
and expand the Tigard Youth Services Center - Resolution No. 93-46.
The motion was approved by a majority (3-1) vote of Council present
(Council President Schwartz and Councilors Fessler and Hawley voted
"yes", Councilor Hunt voted "no.")
CITY COUNCIL MEETING MINUTES - SEPTEMBER 28, 1993 - PAGE 6
1
i
_ I
5. PUBLIC HEARING (QUASI-JUDICIAL) - LEGALIZATION OF RIGHT-OF-WAY FOR
S.W. 93RD AVENUE.
a. Public Hearing was opened.
i
b. Council President Schwartz asked: i
• Do any members of Council wish to report any ex parts contact or
information gained outside the hearing, including any site visits?
• Have all members familiarized themselves with the application?
• Are there any challenges from the audience pertaining to the
Council's jurisdiction to hear this matter or is there a challenge on
the participation of any member of the Council?"
There were no declarations or challenges.
C. City Engineer Wooley summarized the staff report which is on file with the
Council packet.
r d. Public Testimony: None
L
e. Public Hearing was closed
Motion by Councilor Fessler, seconded by Councilor Hawley, to adopt
Ordinance No. 93-24. It was noted the ordinance should be completed to
show that zero persons testified on the matter.
ORDINANCE 93-24 - AN ORDINANCE LEGALIZING THE RIGHT-OF-WAY
FOR A PORTION OF S.W. 93RD AVENUE, DIRECTING THAT THE RIGHT-
OF-WAY BE SURVEYED AND MONUMENTED, AND DIRECTING THAT A
SURVEY MAP AND NARRATIVE BE FILED WITH THE WASHINGTON
COUNTY SURVEYOR.
f. Motion was approved by unanimous vote of Council present. (Council
President Schwartz and Councilors Fessler, Hawley, and Hunt voted "yes.")
6. PUBLIC HEARING (QUASI-JUDICIAL) - LEGALIZATION OF RIGHT-OF-WAY FOR
S.W. 112TH AVENUE
a. Public Hearing was opened.
CITY COUNCIL MEETING MINUTES - SEPTEMBER 28, 1993 - PAGE 7
b. Council President Schwartz asked:
Do any members of Council wish to report any ex parte contact or
information gained outside the hearing, including any site visits?
• Have all members familiarized themselves with the application?
• Are there any challenges from the audience pertaining to the
Council's jurisdiction to hear this matter or is there a challenge on
the participation of any member of the Council?"
There were no declarations or challenges.
C. City Engineer Wooley summarized the staff report which is on file with the
Council packet.
d. Public Testimony: None
e. Council Questions/Comments: Council President Schwartz noted the map
showed a slight jog in connection of the street. City Engineer reported that
when you drive this street, the street does match up.
f. Public Hearing was closed
Motion by Councilor Fessler, seconded by Councilor Hawley, to adopt
Ordinance No. 93-25. It was noted the ordinance should be completed to
show that zero persons testified on the matter.
ORDINANCE NO. 93-25 - AN ORDINANCE LEGALIZING THE RIGHT-OF-
WAY FOR A PORTION OF S.W. 112TH AVENUE, DIRECTING THAT THE
RIGHT-OF-WAY BE SURVEYED AND MONUMENTED, AND DIRECTING
THAT A SURVEY MAP AND NARRATIVE BE FILED WITH THE
WASHINGTON COUNTY SURVEYOR.
g. Motion was approved by unanimous vote of Council present. (Council
President Schwartz and Councilors Fessler, Hawley, and Hunt voted "yes."
7. CONSIDERATION OF PARKING RESTRICTIONS ON DARTMOUTH STREET
a. The staff report was summarized by City Engineer Wooley. Dartmouth
Street is currently under construction in the Tigard Triangle. This street is
designed to function as a collector street, with no on-street parking. An
ordinance is needed to allow the street to be posted as a "no parking" zone
upon completion of construction.
( CITY COUNCIL MEETING MINUTES - SEPTEMBER 28, 1993 - PAGE 8
WNW
b. There was brief Council discussion, with Councilor Fessler noting the no
parking ordinance would assist the landscaping plan that would be
implemented for the area.
In response to a question from Councilor Hawley, City Engineer Wooley
advised that any merchant who found themselves in need of parking would
first go to the Engineering staff, who would research the request. The next
step would be to place such a request in ordinance form before the City
Council for approval.
C. Motion by Councilor Fessler, seconded by Councilor Hunt, to approve
Ordinance No. 93-26.
ORDINANCE NO. 93-26 - AN ORDINANCE AMENDING TMC 10.28.130 TO
PROHIBIT PARKING ON SW DARTMOUTH STREET.
Motion was approved by unanimous vote of Council present. (Council
President Schwartz and Councilors Fessler, Hawley, and Hunt voted "yes.")
8. CONSIDERATION OF PARKING RESTRICTIONS ON SW 72ND AVENUE
a. City Engineer Wooley reviewed the staff repor% which is on file with the
Council packet material.
b. Council President Schwartz noted his concerns that 72nd Avenue was an
older-established area with homes along the street. He inquired how the
parking would affect these homes. City Engineer Wooley responded the no
parking ordinance would be for paved area only. For those properties
which still had residences, parking was allowed on graveled areas in front
of the homes.
C. Motion by Councilor Hunt, seconded by Councilor Hawley, to approve
Ordinance 93-27.
d. ORDINANCE NO. 93-27 - AN ORDINANCE AMENDING TMC 10.28.130
REGARDING THE PORTIONS OF SW 72ND AVENUE WHERE PARKING IS
PROHIBITED.
The motion was approved by a unanimous vote of Council present.
(Councilor President Schwartz and Councilors Fessler, Hawley, and Hunt
voted "yes.")
CITY COUNCIL MEETING MINUTES - SEPTEMBER 28, 1993 - PAGE 9
9. PRESENTATION OF 99W TASK FORCE RECOMMENDATIONS - PROPOSAL FOR
APPROVAL OF SCOPE OF WORK
a. Community Development Director Murphy summarized the staff report. Two
issues were before the Council:
1. Should the Council enter into an executed Intergovernmental
Agreement with the Oregon Department of Transportation to conduct
a transportation systems management study of 99W?
2. Should the City pay up to $20,000 for the study? ODOT has offered
to pay $20,000.
b. Mr. Steve Clark, representative form the 99W Task Force, reviewed the
process which led to the drawing up of the agreement. He also
commented on the amount of effort and work which had been completed
by the Task Force.
C. In response to questions from Council, Mr. Clark and Community
Development Director Murphy responded that much of the study would be
directed at attempting to identify low cost options to alleviate traffic
congestion on 99W. Several Council members noted their concerns with
spending this money and then having no means to implement any of the
study's recommendations, because funding was not available.
Some of changes could be done for a small cost:
• Implement changes to the Community Development Cods.
• Work with property owners to make some access changes.
• Restriping.
• Review signalization patterns.
Steve Clark noted the City received a great deal of help from outside
sources to get to this point. He noted Representative Tom Brian worked
with ODOT so they would be willing to look at an Intergovernmental
Agreement of this type.
Council President Schwartz advised he would support the execution of the
agreement with the hope that the State would be willing to give some
reasonable assurance that funds would be available to assist where
improvements were identified.
CITY COUNCIL MEETING MINUTES - SEPTEMBER 28, 1993 - PAGE 10
NO
Community Development Director Murphy mentioned two changes in the
language were noted by the City's Legal Counsel. (See memorandum
dated September 27, 1993 to Carol Landsman from James Coleman of the
City Attorney's office; this document is on file with the Council packet
material):
1. If ODOT rescinded the agreement, they would agree to reimburse up
to 100% of the expenses incurred by the City of Tigard.
2. Language pertaining to Planning Goal No. 1 should be deleted; this
statewide planning goal is not now applicable to Tigard.
Councilor Hunt asked if bicycle and pedestrian transportation were
incorporated in the study. Community Development Director Murphy
advised "no," because the scope of the project had been reduced. It was
noted that if sidewalks were in poor repair, they should be improved without
the study, especially sidewalks where new development occurs.
Councilor Fessler questioned whether the study would be worthwhile, given
the current practices and limited access policies of the Oregon Department
of Transportation on Highway 99. She noted ODOT may already have
completed a great deal of what would be called for in the study. She
questioned whether or not the City of Tigard would be getting what we want
from the study.
d. General discussion followed about problems for funding, the need to identify
what needs to be done in the event funding becomes available, and the fact
that the Washington Square Diamond Study was being done at this time
and should be integrated into the study.
Councilor Hawley reviewed the 99W efforts and concurred that correct
access management is a concern.
e. Councilor Hunt advised he would not be able to vote on this item, as he
had no strong feelings on the issue with no certainty as to what position he
should take.
f. After discussion, motion was made by Councilor Hawley, seconded by
Councilor Fessler, to accept the agreement as amended by City of Tigard
Legal Counsel.
The motion was approved by a majority vote (3-0-1) of Council present.
(Council President Schwartz and Councilors Fessler and Hawley voted
"yes"; Councilor Hunt abstained from voting.)
CITY COUNCIL MEETING MINUTES - SEPTEMBER 28, 1993 - PAGE 11
10. CHARTER AMENDMENT DISCUSSION
a. City Administrator Reilly briefly reviewed the staff report on file with the
Council packet. He responded to a question from Council President
Schwartz that there had not been a great deal of public input on this issue
as of this date. One letter was received from Mr. Jack Schwab, who was
affected by some of the charter provisions currently under review when he
served as an Interim City Councilor.
b. Councilor Hunt referred to proposed language that would require a primary
election be held for Mayor and if a candidate received over 50% of the vote,
he or she would still have to run at the general election. Legal Counsel
Ramis advised he would have to look at this section more closely. It was
noted that language included in the packet from the City of West Linn
advised that if a candidate received more than 50% of the vote at the
primary, then they would not have to run again at the general election.
C. This agenda item will be scheduled for an October study session.
11. ADMINISTRATIVE REVIEW & UPDATES
• Scholls Ferry Billboard. This discussion will take place on October 12.
• Link/Shrauger Property. This discussion took place during Executive
Session.
12. MAIN STREET PROPERTY DISPOSITION
a. City Administrator Reilly reviewed the staff report on file with the Council
packet material. Options include retaining and improving the building and
lease at the market rates, or maintaining the status quo. It was Mr. Reilly's
recommendation that Council initiate sale of the property.
b. In response to a request from Council President Schwartz, Mr. Jim Nicoli,
Chamber of Commerce Board, advised the Board has been waiting for
Council direction concerning their attitude toward the property and what
they felt the building was worth. There was discussion on whether Council
would be able to negotiate with one entity. Also discussed was the kind of
hearing process which must be followed.
C. Councilor Fessler noted the downtown area appears to be rejuvenating and
many merchants are coming together to make the downtown a healthy
place for business. She thinks many things are falling into place for the
downtown area. She noted that keeping a Main Street presence may have
some merit for consideration by City Council and also noted that with the
CITY COUNCIL MEETING MINUTES - SEPTEMBER 28, 1993 - PAGE 12
~<y downtown merchants getting organized, historic buildings also become
more of an asset.
d. Councilor Hunt advised he would like to have the building put up for sale
and have it go to the highest bidder. There was a question as to where the
dollars would come from to upgrade the building. City Administrator Reilly
advised this would be part of the budgetary process for next year.
e. There was discussion with Mr. Mike Marr who also has interest in the
building. He noted he has been a subtenant of the Chamber for many
years. He advised, in response to Council's concern that the Chamber's
need for a location be addressed, he would give them consideration. He
also noted there were other interested individuals who indicated they might
want to locate in this building.
f. Councilor Hawley requested the agenda item be set over to a future Council
meeting. City Administrator Reilly was asked by Council to visit with the
Chamber to determine what their needs are and what they would like to see
happen for their long range plans.
g. City Administrator Reilly will talk to the Chamber and report back to Council
at the October 26 meeting.
13. NON-AGENDA ITEMS
a. Council considered: RESOLUTION NO. 93-49 - A RESOLUTION TO
ACKNOWLEDGE THAT THE ALCHEMY ANALYTICAL PROJECT IS
CONSISTENT WITH THE CITY OF TIGARD'S COMPREHENSIVE PLAN,
AND THE CITY COUNCIL APPROVES OF THE OREGON BUSINESS
DEVELOPMENT FUND PROJECT PROPOSAL.
Motion by Councilor Hunt, seconded by Councilor Fessler, to approve
Resolution 93-49, with the provision that staff check to assure the request
is in conformance with the Comprehensive Plan.
Motion was approved by unanimous vote of Council present. (Council
President Schwartz and Councilors Fessler, Hawley, and Hunt voted "yes.")
14. EXECUTIVE SESSION: The Tigard City Council went into Executive Session at
9:30 p.m. under the provisions of ORS 192.660 (1) (d), (e), & (h) to discuss labor
relations, real property transactions, current and pending litigation issues.
CITY COUNCIL MEETING MINUTES - SEPTEMBER 28, 1993 - PAGE 13
seal.
15. ADJOURNMENT: 10:40 P.M.
Attest: Catherine Wheatley, City R c rder
i
CA~uncjl President Schwartz, City of Tigard
Date:
h:\recorder\ccm\ccm0928.93
CITY COUNCIL MEETING MINUTES - SEPTEMBER 28, 1993 - PAGE 14
t C E I V I L
FOMMUNITY NEWSPAaPERS INC. Lea
P.O. 130% 370 PHONE (603) 664.0360 Noltce TT 7675
i )i iIG! NI; BEAVERTON, OREGON 97076
L' Legal Notice Advertising
*City of Tigard • ❑ Tearsheot Notice
Acr-ounts Payable--Terry
• 13125 SW Hall Blvd. • ❑ Duplicate Affirtnvit
Tigard, Oregon 97223 mgt i 1 ettltd
Tim, following will be cons tiered by the Tigard City Comil as Sep%=-
her 28, 1993, at 7:30 P.M., at r1gard City Hall. 13125 S.W. Hall:
Boulevard, Tigard, Oregon. Farther intonnaiion may be obtained from the
City Heaineer or City Recorder at the same location or by calling
AFFIDAVIT OF PUBLICATION 639.4171. You are invited to submit written mstimony in adv» of the
STATE OF OREGON, ) public heaving, written a'rd oral w dmony will be considered at the hear-
COUNTY OF EGON C3TON, )ore. Inp. The pnbuc hearing will be conducted in accordance with the ap-
plicableChapter 18.32 of the Tigard Municipal Code itad any rules of
r, -_~JiK~fZYi_LC4~tt2~~- procedure adopted by the Council and available at City Hall.
being first duly sworn, depose and say that I am the Advertising
Director, or his 1. LEGALIZATION OF THE RIGHT OF WAY OF S.W. 93RD
e newspaper of principal general clerk, of t circulation as defined in ORS o as defined in ORS _193„ .010 AVENUE NORTH OFS.W.NORTH DAKOTA STREET.
and 193.020; published at-- _In the
of resa)d cg9 ppty.' and $te; that be 2. LEGALIZATION OF THE RIGHT OF WAX OF S.W. 112TH
_F earingl AVENUE SCUM OF S.W. GAAPOE STREET.
a printed copy of which is hereto annexed, was published in the The City Engineer has recommended that the Council approve legalize-
entire issue of said newspaper for-.-One _ _.---successive and lion of the rights of way of the existing streets In order to resolve !taws in
consecutive In the following issues: past dedicadons.
TT7675 - Publish September 16,1993:
Subscribed and sworn tq~fore me ihis_ 16th -day--of Sit nr.ICl,u SEAS
A( i.c ROOIN A BURGESS
l~ NOlAR r DLU:1C -OREGON
CL~[ 116_ iC t. COAIM,GSION NO. 024552
Notary P c for Oregon MY COVVISS-014 S1f'IRES MAY 18.1997
My Commission Expires:
AFFIDAVIT
COMMUNITY NEWSPAPERS, INC. Legal
hrL~ ~i1`~ P.O. BOX 370 PHONE (503) 6x,•0360 Notice IT 7676
V/~ ~t~4 1`{0.ti y BEAVERTON. OREGON 07075 PUBi.JC HEARNG
~1, Legal Notice Advertising Tito following will be c cd by the Tigard City Cot, aclion :
her ?9.1993, at 7:30 P.M., at Tigad Civic Center, Town Mal oom.
• O Tearshoet Notice 13123 S.W. IW Boulevard. Tigard, Oregon. FonNu informatka my be
• City o f Tigard obtained from fire Community Deve(t Director as City RxordCr ct
Accounts Payable--Terry the name loca@on or by calling 6394171. You are Inviwd to submit writ-
• 13125 SW Hall Blvd. • O oupucareAtfidavu tentestimottyyinadvance ofthepublic wtituaand"W.tesaimony
Tigard, Oregon 97223 will be eonsWered at the heating. Tiro N"M w= will be conduced in .
• • accordance with the applicable Chapter 18.32 of the Tigard Municipal
Code and any rules of procedure adt7pted by the Councit and available at
City Mall.
r.p
AN APPEAL OF APB S~dltSSION MLSION AI~'€i OV-
AFFIDAVIT OF PUBLICATION 1rIt3......
STATE OF OREGON. lea 'S3VIl?W P 93 4406
EVE
COUNTY GTON, ? LOCATION: It 165.11185 S.W
. Noweve StreeL atrtlt title of Naeae
Judith h Koehler Street, west of S.W.109th Avt roe, south of Little Bull Mountain Apan.
being first duly sworn, depose and say that I .CT Lire Advortising ments (WCTM 2SI 10OB, tax lots 100 and 200, 2S1 LOAD, tax lot 43t1f1;
Director, or his principal clerk, of the i$ar limes and2SI 10AC,sixle WO,700.8W,and9W).
a newspaper of general circuI,plion a defined in ORS 193.010 An appeal of the Planning Commission's decision and final orderepprov.
end 193.020; published at the insa"quest forsite aevel IRevkWandPlaMCdY)CVelopmcntAp-
aforesaid co my and state; that the proval of s 348 unit, 17 building; multi-family residential camplax on a
Ji~rinp 262acreparrot.AI~FLICASUERFiv1EWCR1TBRlA:.Plaesac Iaavolop-
a printed copy of which Is hereto annexed, was published in the meet Review approval criteria are found at Community Mirolopment
entire issue of said newspaper for One -successive and Code Section 18.80.120. Site Development Review al crittxna ease
found at Cage Section 18.120.180. In addition, sirens ova listed arctlcos
consecutive In the following issues: require consistency with the following Community Dsvelopomt Code
Chapters: 18.54;1836, 18.84,18.92,18.100, 18.102. 18.106. 18.108,
Sept. 16, 1993 18.114,18.120. 18.150, and Comprehensive Plan Policies 2.1.1.3.1.1, .
3.4.2, 4.2.1, 6.1.1. 6.6.1. 7.12.7.2.1. 7AA, 7.5.1. 7.61. 8.1.1, and 8.1.3.
ZONE: R•12(PD) ealdentia1.12 unimlacre, Planned Developmentovar-
lay) and R-25(PD) (Resider tial, 25 unitiVacre. Plaimcd Development
overlay).
7 13
TT7676 - Publish September 16. M.
Cii'%iC1AL SEAL
Subscribed and sworn tgrhiefore me thia___16-ttl daY Qf_S9P_ter`1be 1900U11,1 RA BURGESS
NpTRF7 PU6:IC - OREGON
A,
Nolarybar ew Oregon !pA;! 1,j0r4 (PiRES MAY 18.1997
My Commission Expires:
AFFIDAVIT
J1-
COMMUNITY NEWSPAPERS, INC. Logaf
P.O. BOX 370 PHONE (503) 664.03W Notice TT 76 I
BEAVERTON. OREGON 97075 The (allowing meeting we puthilitid tttryraonr wbamlon. Ftrt1
ageftdas mapbo obtained the City'Recarder. 13125 S.W. Hall
Legal Notice Advertising ;Boulovafd.Tigard,OmSon97223.orbycalling 6394171.
• City of Tigard • 0 Toorsheet Notice CYNCDUNCILBUSINESS MEIT17M
A5 Terry • TIGARDCHALLTOWNHALL .
• 13123125 SW Hall Blvd. O Duplicate Affidavit 13125 S.W. HALL BOULEVARD. 71GARD. OREGON
.
Tigard, Oregon 97223
Study Sessbn (lbam Hnti CoufeM10 Room) 5:30 P.M.
• Disc; Year 4 Solid Wam Roduction PMFM
r. r. • Agenda Review
. fU ..VYii 10
AFFIDAVIT OF PUBLICATION r•,nv.c. BitslttenMettin$$(7:30PA9.)
STATE OF OREGON. ) ° Prca11 1do !!'re In dot 'r • 3^ : , .
COUNTY OF WASHINGTON, )ss. ~'ICafdP$EIZSIfdACIeE[
Judith Koehler CfT)FbciiitafoeY
being first duly sworn, depose and say that 1 am the Advertising _ drOta Plattetlaith AwAaretne9 Month -
a his principal clerk, the. Ti Times--. - CSumsem adficats of Achievement for Exeelleltce in Flnzaciai
e newspaper of general circulation as defined ned in ORS 193.010 ~wdnS
and 183.020: published at.--.-_-Ti$ar~ -___.__._In the • • and DistlngulgiedBudget Award
al said count png atgt0.5.9 ,no
"
ty.CfluT1~1 kiU9lnes_.MBetin~ • (ifsilDiacfumJ~onmepertsfromStaft -
a printed copy of which is hereto annexed, was published In the AApprovaliof c pe Wait FOPteRe( ttten~ations Piup0aal
h~s F~ Road
entire issue of said newspaper for___-Otis-_-succeasivo and Billboard on Scoll -
consecutive in the following issues: - LinkAbraugeSPtopi:M
- Charter Amendments
Sept. 23, -1993 - -
COUP A Considdration
Pt tkiag Restrictions on S.W. Dartmouth Street and S.W. 728d
_ Avetu t
T I 1 • Public Hearings
LegaliradonofRighs•of--Way for S.W. 93rd Avenue
Subscribed and sworn to, pefore me this-.-23rd Clay-of_-$eptem r OFFICIAL SEAL - 1.egali=dmofRight•of-Way for S.W. 11 2th Avenue
ROBIN A. BURGESS Low Conna Review Board Meeting
/ NOTARY PUBLIC - OREGON
) P, ` Ic for Oregon MY COMM SMON [PtiNO, M02455 AY 6. ? 997 Executive Session: The Tigard city council ma Into 139scative aion under the provisions of ORS 192.660 (1)d). (e), & (h) to discuss
My Commission Expires: i or mlad0ns, real ply ttautectiora, current and pending Blipped
AFFIDAVIT
T177683 - Publish September 23, 1993.
AGENDA ITEM NO. 2 - VISITOR'S AGENDA DATE: SQ®tember 2S. 1.:
(Limited to 2 minutes or less, please)
Please sign on the appropriate sheet for listed agenda items. The Council wishes to hear from you on
other issues not on the agenda, but asks that you first try to resolve your concerns through staff.
Please contact the City Administrator prior to the start of the meeting. Thank you.
STAFF
NAME & ADDRESS TOPIC CONTACTED
1161 5')!E-
fe~ O~ 9-7e' C"Ilecv+~
fDm v(GLJL_
72 ,t2 O St iJ / -7A1W /J
ICE hycyf~~ TJGA?D, D.z. ~GE/d0/~ ~~Z
i
i
r
og n o v s tors.s t
l
AJD
PLEASE PRINT
~r Proponent - (Speaking In Favor) Opponent - (Speaking Against)
Name Name
Address roes
ame ame
ress ress
ame Name
Address Address
Name Name
Address Address
Name Name
Address Name Name
r Address m
t
Name Name
Address Address
Name Name
Address Address
h:\Iogin\jo\testity
l
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 ITEM NO. 6 4 DAVE; ° September 28 19931
PUBLIC HEADING (QUASI-JUDICIAL) - LEGALIZATION OF RIGHT-OF-WAY FOR S.W. 112TH
AVENUE
PLEASE SIGN IN TO TESTIFY ON THE ATTACHED SHEETS
{
C AGENDA ITEM NO. 6 .
PLEASE PRINT
Proponent - (Speaking In Favor) Opponent - (Speaking Against)
Name Name
Address Address
e
Name Fress
Address
Add
Name Name
Address Address
Name Name
Address Address
Name Name
Address Address
Name Name
dress Address
Name Name
Address Address
Name Name
Address Address
Name Name
Address Address
Name Name
Address Address
Name Name
Address Address
=Mid
CITY OF TIGARD, OREGON
AFFIDAVIT OF-POSTING
In the Matter of the Proposed
s,
STATE OF OREGON )
County of Washington ) ss.
City of Tigard )
begin first duly sworn, on oath,
depose a d say:
That I posted in the following public and conspicuous places, a copy of Ordinance
Number (s) 173 -t34S 3 -JS p 17 3 -Jl- 9 3 -47
which were adopted at the Council Meeting dated 3
copy(s) of said ordinance(s) being hereto atta h d and by reference made a part hereof,
on the C; day of 0_ 19 q 3
I'
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, Corner of Pacific Hwy. (State Hwy. 99) and SW Durham
Road, Tigard, Oregon
Subscribed and sworn to before me this o5 day of (mac . 19 C.3 .
~;S~ Nota ublic f r Oreg
F' OFFICIAL SEAL
A MCf J. WOLF
[i - J. WOLF
(•:07ARyPUZLIC OREGON My Commission Expires:
CO!~!?diSS' ON NO.01~937
' 'v cc EtCr~ EXFIncS JU`JE 07.1996
Iogin\jo\affpost
3111
CITY OF TIGARD, ORE~/GON
ORDINANCE NO. 93-a 7
r
AN ORDINANCE LEGALIZING THE RIGHT OF WAY FOR A PORTION OF S.W. 93RD
AVENUE, DIRECTING THAT THE RIGHT-OF-WAY BE SURVEYED AND MONUMENTED, AND
DIRECTING THAT A SURVEY MAP AND NARRATIVE BE FILED WITH THE WASHINGTON
COUNTY SURVEYOR.
WHEREAS, the City Council finds:
1. The right-of-way for portions of S.W. 93rd Avenue, though required
as conditions of development, has not been legally established.
2. ORS 223.935 provides the procedures for legalization of roads
within a City.
3. The road has been surveyed to determine the location of the road
and right-of-way.
4. The City Engineer has filed a written report with the City Council
including the survey and other information.
5. A public hearing was ordered by Resolution No. 93-39. Notice of
the public hearing was mailed to the owner of each adjoining
property on September 8, 1993, and published in the Tigard Times on
September 16, 1993. The public hearing was held on September 28,
1993.
6. At the public hearing, testimony was received from
person(s) .
7. The Council has determined that legalization for portions of the
right-of-way for S.W. 93rd Avenue is in the public interest.
THE CITY OF TIGARD ORDAINS AS FOLLOWS:
SECTION 1: The right-of-way for S.W. 93rd Avenue is hereby legalized
in accordance with the report filed by the City Engineer
and titled "Report Regarding the Legalization of the
Right of Way of a portion of S.W. 93rd Avenue."
SECTION 2: The City Engineer is directed to cause the road to be
surveyed and the centerline and right of way to be
monumented by a registered professional land surveyor.
The City Engineer is further directed to cause the survey
map and narrative for said survey to prepared and filed
with the Washington County Surveyor in accordance with
ORS 209.250
1
ORDINANCE No. 93-'~
Page 1
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 _ iincLNmcx -b vote of all Council members
present after being ead by number and title only, this
a~ day of n!24 , 1993.
tat,herine Wheatley, City Re rder
APPROVED: This day o
Gerald td-wards, Mayor
Approved as to form:
- V
( C Attorney
q / 2- 3
Date
93rdord.cd
ORDINANCE No. 93-`q
Page 2
_ -.rte-._ _ _ v~~_.__~=G -w _ .
REPORT REGARDING THE LEGALIZATION
t OF THE RIGHT OF WAY OF
A PORTION OF S.W. 93RD AVENUE
The subject of this report is the right of way of SW 93rd Avenue
between SW North Dakota Street and a point approximately 351 feet
north of the north right-of-way line of SW North Dakota Street.
Within the subject right of way exists a fully-improved street
which has been used by the general public for ten years or more.
The street is maintained by the City of Tigard.
In accordance with City standards, such local streets typically
have a right-of-way width of 50 feet. The west 25 feet of the
subject right of way was dedicated by the plat of Reel Acres
subdivision. The east 25 feet was dedicated in a separate document
recorded in 1981. However, review by Chicago Title Insurance
Company has indicated that the persons who signed the 1981
dedication document were not the legal owners at the time that the
document was recorded. Apparently, confusion resulted from changes
in ownership that were occurring during the same time period.
Subsequent changes in ownership have further confused the issue,
making it difficult to determine which parties would now sign
dedication documents to correct the 1981 dedication flaw.
To resolve this issue, it is proposed to use the legalization
1. process provided in ORS 223.935 which provides for legalization of
a city road "if, through omission or defect, doubt exists as to the
legal establishment or evidence of establishment of a public road."
A survey of the right of way has been completed by a registered
land surveyor as indicated on the attached preliminary legal
description and survey map. If the legalization process is
approved by the City Council, the surveyor will monument the right
of way location and record the completed documents with Washington
County.
It is recommended that the Council authorize the legalization of SW
93rd Avenue right of way as described in the attached documents.
Date 9- P' 1 3
Randall R. Wooley
City Engineer
rw/93-rep
F
1
(~~a o O
LE M
W
La
J
z
M
LO o)
m
NORTH DAKOTA STREET
ir
0
Q
N
Q1
j LU W W
l :D
z z z
W 1,,
Q Q Q
z
't N 0
m -F C)
W
2
W
~ Q
wz
> ~
Q N
T
(T~ C)
Y/
VICINITY MAP
1 1
DESIGN BY APPROVED BY DRAWN BY
CITY OF TIGARD CAB
SCALE DATE DWG FILE
OREGON N.T.S. 8-4-93 N: DETAILS/VICINITYI.DWG
WOW=
PRELIMINARY COPY
LAYNE CASWELL
SURVEYOR, INC.
REGISTERED LAND SURVEYOR 6120 S.W. Lombard Avenue Telephone 503/644-3179
Oregon - Washington - Idaho Beaverton, Oregon 97005 FAX 503 / 644-3190
June 8, 1993
Job No. 5106-2
RIGHT-OF-WAY DESCRIPTION
FOR
A PORTION OF S.W. 93RD AVENUE
A parcel of land in Lot 23 "Ashbrook Farm" in the Northwest
quarter, of the Southeast quarter of Section 35, Township (1)
South, Range (2) West, Willamette Meridian, Washington County,
Oregon, said parcel to be described includes a 25.00 foot
dedication made in "REEL ACRES" subdivision and a tract of land
{ described in a "Street Dedication" document recorded January 27.
1981 as Fee No. 81002981 of the Washington County Records, said
parcel being more particularly described as follows:
BEGINNING at the Northeast corner of Lot 4 "REEL ACRES"
subdivision, said corner bears SO°12'00"E 259.02 feet and
S89°31'20"W 145.00 feet from the Northeast corner of Lot 23
"ASHBROOK FARM". thence N89°31'20"E 50.00 feet to the Northeast
corner of that tract described in Fee No. 81002981; thence
SO°12'00"W, parallel with the East line of Lot 23 "ASHBROOK FARM"
and along the East line of Fee No. 81002981, 350.92 feet to the
Southeast corner thereof: thence S89°10'00"W 50.00 feet to the
Southeast corner of "TRACT B" "REEL ACRES". thence NO.12'00"W,
alone the East line of tract "B" and Lots (1) thru (41 "REIN.
ACRES" to the Point of Beainnine.
BOUNDARY SURVEYS • SUBDIVISIONS • TOPOGRAPHIC MAPPING CONSTRUCTION STAKE-OUT
CITY OF TIGARD, OREGON
ORDINANCE NO. 93-_Q~_
AN ORDINANCE LEGALIZING THE RIGHT OF WAY FOR A PORTION OF S.W. 112TH
AVENUE, DIRECTING THAT THE RIGHT-OF-WAY BE SURVEYED AND MONUMENTED, AND
DIRECTING THAT A SURVEY MAP AND NARRATIVE BE FILED WITH THE WASHINGTON
COUNTY SURVEYOR.
WHEREAS, the City Council finds:
1. The right-of-way for a portion S.W. 112th Avenue, though required
as a condition of development, has not been legally established.
2. ORS 223.935 provides the procedures for legalization of roads
within a City.
3. The road has been surveyed to determine the location of the road
and right-of-way.
4. The City Engineer has filed a written report with the City Council
including the survey and other information.
5. A public hearing was ordered by Resolution No. 93-39. Notice of
the public hearing was mailed to the owner of each adjoining
property on September 8, 1993, and published in the Tigard Times on r
September 16, 1993. The public hearing was held on September 28,
1993.
6. At the public hearing, testimony was received from person(s).
7. The Council has determined that legalization for a portion of the
right-of-way for S.W. 112th is in the public interest.
THE CITY OF TIGARD ORDAINS AS FOLLOWS:
SECTION 1: The right-of-way for S.W. 112th Avenue is hereby
legalized in accordance with the report filed by the City
Engineer and titled "Report Regarding the Legalization of
the Right of Way for a Portion of S.W. 112th Avenue."
SECTION 2: The City Engineer is directed to cause the road to be
surveyed and the centerline and right of way to be
monumented by a registered professional land surveyor.
The City Engineer is further directed to cause the survey
map and narrative for said survey to prepared and filed
with the Washington County Surveyor in accordance with
ORS 209.250
t
ORDINANCE No. 93-
Page 3
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 Un Ct.4 Ui-- M 01AA- vote of all Council members
present after being read by number and title only, this
c2ff-`--z^ day of 1993.
Catherine Wheatley, City ecorder
APPROVED: This day of
Ger Edwards, ayor
Approved as to form:
City torney
~73
Date
93rdord.cd
ORDINANCE No. 93-c 5
Page 4
REPORT REGARDING THE LEGALIZATION
OF THE RIGHT OF WAY OF
A PORTION OF S .W. 112TH AVENUE
The subject of this report is the right of way of SW 112th Avenue
between SW Gaarde Street and a point approximately 370 feet south
of the south right-of-way line of SW Gaarde Street.
Within the subject right of way exists a fully-improved street
which has been used by the general public for approximately twenty
years.. The street is maintained by the City of Tigard.
A right-of-way dedication was recorded for the subject portion of
112th Avenue in 1972. However, the dedication was apparently not
signed by the appropriate parties. Subsequent changes in ownership
have further confused the issue, making it difficult to determine
which parties would now sign dedication documents to correct the
1972 dedication flaw.
To resolve this issue, it is proposed to use the legalization
process provided in ORS 223.935 which provides for legalization of
a city road "if, through omission or defect, doubt exists as to the
legal establishment or evidence of establishment of a public road."
A survey of the right of way has been completed by a registered
land surveyor as indicated on the attached preliminary legal
description and survey map. If the legalization process is
approved by the City Council, the surveyor will monument the right
of way location and record the completed documents with Washington
County.
It is recommended that the Council authorize the legalization of SW
112th Avenue right of way as described in the attached documents.
Date
Randall R. Wooley
City Engineer
rw/112-rep
GAARDE STREET
GAARDE STREET
f
i
AREA 70 8
LEGALOM
4
_W W
i
Q Q
d'
PGA
Q
TARN ROAD
BULL MOUN
VICINITY MAP
DESIGN BY APPROVED BY DRAWN BY
CITY OF TIGARD CAB
OREGON SCALE DATE DWG FILE
N.T.S. 8-4-93 VICINTY2.D WG
I
PRELIMINARY COPY
LAYNE CASWELL
SURVEYOR, INC.
REGISTERED LAND SURVEYOR 6120 S.W. Lombard Avenue Telephone 503 /64431 79
Oregon - Washington - Idaho Beaverton. Oregon 97005 FAX 503 / 644-3190
I
June 2. 1993 ;
Job No. 5107-2
t
3
BOUNDARY DESCRIPTION OF j
A PORTION OF S.W. 112TH AVENUE
5
A tract of lard in the Northwest quarter of the Northeast
quarter of Section 10, Township 2 South, Range 1 West, Willamette
Meridian, Washington County. Oregon, said tract being more
particularly described as follows:
i
Beginning at a point on the North line of "Amended Plat of
Canterbury Place" which bears N89°10'46"E 20.34 feet from the
initial point of said plat: thence NO°36'26"E, parallel with the
East line of "Cole's Acres", a dulti- recorded subdivision 371.11
feet to a point on the South right-of-way line of S.W. Gaarde
Street (County Road No. 358) said point bears S89°56'00"E 680.00
feet and SO°36'26"W 20.00 feet from the North quarter corner of
Section 10: thence S89°56'00"E 50.00 feet along the South ris?ht-
of-way of S.W. Gaarde Street: thence SO°36'26"W 370.34 feet to
the North line of "Amended Plat of Canterbury Place": thence
S89°10'46"W 50.00 feet to the Point of Be^innin!?. Containing
18,536 square feet.
BOUNDARY SURVEYS SUBDIVISIONS TOPOGRAPHIC MAPPING CONSTRUCTION STAKE-OUT
CITY OF TIGARD, OREGON
ORDINANCE NO. 93- aLP
AN ORDINANCE AMENDING TMC 10.28.130 TO PROHIBIT PARKING ON SW DARTMOUTH
STREET.
WHEREAS, TMC 10.28.130 prohibits parking at any time on portions of
certain public streets in Tigard; and,
WHEREAS, SW Dartmouth Street has been designed to function as a
collector street with no on-street parking; and,
WHEREAS, parking prohibitions are necessary to provide the street
capacity needed to serve the developing Tigard Triangle area at an
adequate level of service.
THE CITY OF TIGARD ORDAINS AS FOLLOWS:
SECTION 1: TMC 10.28.130, designating the streets or portions
thereof where parking is prohibited at all times, is
hereby amended by adding the following:
"(81) Along both sides of SW Dartmouth Street between SW
68th Parkway and SW Pacific Highway."
SECTION 2: This ordinance shall be effective 30 days after its
passage by the Council, approval by the Mayor, and
posting by the City Recorder.
PASSED: By U O(.f. lI7! DcLS vote of all Council members
present after being read by number and title only, this
day of 1993.
Brine Wheatley, City corder
APPROVED: This day of---~ ~e, r 19
Ger d R. Edward e, ayor
Approved as to form:
ty Attorney
t j /s3
Date
ORDINANCE No. 93-dul
Page 1
CITY OF TIGARD, OREGON
ORDINANCE NO. 93-,;Y?
( AN ORDINANCE AMENDING TMC 10.28.130 REGARDING THE PORTIONS OF SW 72ND
AVENUE WHERE PARKING IS PROHIBITED.
WHEREAS, TMC 10.28.130 prohibits parking at any time on portions of
certain public streets in Tigard; and,
WHEREAS, SW 72nd Avenue south of Pacific Highway is designated as a
major collector street in the Comprehensive Plan; and,
WHEREAS, parking prohibitions are necessary to provide the street
capacity needed to safely serve the commercial and industrial areas
along SW 72nd Avenue at an adequate level of service.
THE CITY OF TIGARD ORDAINS AS FOLLOWS:
SECTION 1: TMC 10.28.130(35) is hereby amended to read as follows:
" (35) Along both sides of SW 72nd Avenue between the
Beaverton-Tigard Highway (State Highway 217) and the
south city limits."
SECTION 2: TMC 10.28.130(40) is hereby amended to read as follows:
"Within the paved portions of SW 72nd Avenue between
Pacific Highway and the Beaverton-Tigard Highway (State
Highway 217)."
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 (,lnCC/1,/),) y_t5 vote of all Council members
present after being read by number and title only, this
~?r" day of ern ~ie~ , 1993.
C herine Wheatley, City R6korder
APPROVED: This f _
S ' day of " y 3ti , A993.
Ger d R. Ed r , Mayor
App ed as v fc~ mY J
Ci Attorney'
Ct
Date
r'a/72-zes
ORDINANCE No. 93-
Page 1
i
i
COUNCIL WORKSHOP DISCUSSION - 9/28/93
COUNCIL ACTION SOUGHT TONIGHT
1. Clear determination on what the guiding principles are the for solid waste structure as we add
a Yard Debris Program; and
2. Direct staff to prepare a resolution for 10/12/93 to appropriate funds for a financial/technical
review of Yard Debris Program options.
HIGHLIGHTS OF ISSUE # 1
• DEQ had required yard debris collection at curbside effective 7/1/94
• Haulers' recommended increase is $4.72 e per residential customer effective 7/1/94
• Rate increase assumes: Ce ov.. _Ars - ►r-°rn,
• 60 gallon cart picked up every other week
• pickup done at curbside, mechanically assisted
• mini can (20 gallon) for mixed waste still available
• residential/commercial subsidy not changed
• no waivers allowed
• enforcement of program will not require additional City staff
GUIDING PRINCIPLES FOR PRIORITIZING
i
In order for any meaningful review to take place, the Council should clearly determine what the guiding
principles are for the solid waste rate structure. The following list is a compilation of requirements from
State law, our City's franchise ordinance and past direction from Council. Staff recognizes that some
of these are conflicting principles:
• Uniform rates for all geographic areas;
• Base rate schedule on the level of service rendered or required by law;
• Comply with State, Metro, and local laws (including Federal ADA);
• Encourage recycling and waste reduction;
• Maintain a financially stable disposal system in the aggregate for haulers;
• Maintain the current rate subsidy of residential by commercial service line;
• Generators can collect and transport their own waste; and
• Mixed waste rates will include cost for recycling services.
COUNCIL DIRECTION FOR YARD DEBRIS PROGRAM RATE ADOPTION
In other words, what is the driving force or bottom line reason for Council as they review yard debris
being added and approve a new rate in 7 months?
• cost of the program;
• long-term efficiency of haulers to control costs;
• public acceptance of the program;
effectively reducing yard debris waste;
• solid waste enforcement should not require more City staff;
I
HIGHLIGHTS OF ISSUE # 2
For the following reasons, Staff recommends hiring a firm to give both technical and financial review
C o the Yard Debris Program:
• First time City has designed and implemented new solid waste program (yard debris) - in the
past, staff has reviewed financial reporting forms, renegotiated franchise agreements,
coordinated efforts with regional jurisdictions, reviewed issues with haulers
• Timeline for implementation VERY aggressive
• Significance of issue: 1
• affects at least 85% of the City residents (10,095 units - 8600 customers) }
• 36916 increase in solid waste bill possible - $13.10 to $17.82/month (this does not consider
a METRO tip increase which could be as much as $.76/month on 7/1/94) I
• $60/year increase to residents no matter what the value of their home or income level
(higher increase than the last tax base increase) ;
YARD DEBRIS PROGRAM REVIEW & IMPLEMENTATION
°s
This review would focus on Yard Debris and not other unrelated solid waste rate issues. Last study
proposal (Loreen's memo dated 9/17/93) estimated to cost $75,000+. The following review proposal
should cost about $20,000 for a contractor.
a
4
The review would summarize proposed design parameters and address the following features and
alternatives:
• cans at curbside
• frequency of collection
• size of carts or cans
• mechanically assisted vs manual collection
• how excess material is collected & charged
• waiver program
• absorb program into mixed waste charge as we currently do or should yard waste cost
be identified separately from other charges
• identify advantages and disadvantages of options
Attached is the scope of review for a financia! and technical study for Staff and Council review and
assist Council in their decision making process next Spring.
P-M
SCOPE OF FINANCIAL AND TECHNICAL REVIEW
f YARD DEBRIS PROGRAM
A. STAFF Document requirements from regulators (DEG, Metro, Wash. Cnty.)
• what is needed to have program meet requirements
• what approaches or options to programs are recommended by regulators
B. STAFF Document requirements (issues) for end market(s) - Rod Grimm
C. STAFF What other jurisdictions have done (what worked what didn't)
• effectiveness of program (results)
• community satisfaction
• mechanically assisted vs. manual collection
D. STAFF Implementation recommendation - demonstrate systematic/reasonable
approach - step by step approach
• Gain citizen input
E. CONTRACT Look at review full range of recycling options
• end market drop off by citizens
• grass-cycling (mulcher mowers)
• use of professional landscapers that remove yard waste
• active composting
F. CONTRACT Preliminary review of haulers' proposed rate and assumptions
• rate of return effect
equipment cost
• yard debris waste
• collection time
• mechanically assisted vs manual collection (develop and review impact of
curb & yard rates being implemented for mixed waste & recycling)
-rd
G. CONTRACT Rate Implementation options - phase in rate to gain specifics at-out our we
debris waste type
H. CONTRACT Produce technical & financial data for Staff & Council review & decision-
making process
a
00
S+md,6 Session
MEMORANDUM g12.2143
( CITY OF TIGARD, OREGON
TO: Pat Reilly, Ci A inistrator
FROM: Loreen Edin
DATE: September , 1993
SUBJECT: Solid Waste Update Discussion With Council (9/28/93)
COUNCIL REVIEW AND ACTION NEEDED BY 5/1/94: Over the next few months, the City Council
will be dealing with a number of solid waste related issues. DEQ has advised the City that'we are
required to implement a curbside yard debris collection program no later than 7/1/94. This action
alone will have a significant impact on rates. Following is a list of solid waste issues and a tentative
timeline for Council review and action:
• 09/28/93 ADOPT YEAR 4 PLAN - approve resolution
• 09/28/93 WILSONVILLE TRANSFER STATION - update discussion
• 09/28/93 AUTOMATION & YARD DEBRIS STATUS - direction from Council
• 10/12/93 RATE STRUCTURE FINANCIAL ANALYSIS - authorize budget authority for rpt.
• 02/15/94 RATE STRUCTURE - Council workshop review financial analysis rpt.
r 04/12/94 - Council public hearing
b 05/01/94 - Council adoption
HISTORICAL PERSPECTIVE: A brief historical review will show that Tigard has franchised solid waste
collection for 33 years. However, our involvement in the franchise review has changed dramatically in
the last 7 years.
Mid 1960's - First Tigard franchise ordinances
1986 - Started residential curbside recycling & commercial recycling (2 trips/week)
1987 - Annual financial reporting required from Haulers (8-12% aggregate rate of return)
1992 - Franchise ordinance revision - automatic renewal terms change from 10 to 7 years
1992 - Coopers & Lybrand financial review of Tigard haulers
- Annual finance report form revised - (owner's compensation limits)
- Red recycling bins at curbside - added milk jugs & magazines in residential
1993 - Service Standards implemented
1993 - Residential cart/automation service provided at curbside (phase-in over 2 years)
RATE CHANGE HISTORY - Rates for 1 residential can per week
Year Item Changed Rate
1979 Garbage pickup (1 trip/week) $ 5.00
1986 METRO Tip fee ($17.38/ton) & Recycling (2 trips/week) $ 8.10
1993 METRO Tip fee ($75/ton) $13.10
1994 Yard debris recycling at curbside and $18.86
-WN
REVIEW OF RATE IMPACTING ISSUES: Solid waste changes that will impact Council's consideration
of a new rate structure (effective 7/1/94) are:
• METRO tip increase ($.76/month per cart preliminary estimate - $10/ton)
• Yard Debris recycling ($4 to $5/month/cart preliminary estimate)
• Curbside & yard rate structure (automated collection of mixed waste and yard debris)
Recognizing that this significant change will need careful financial and technical review, staff
recommends retaining firm to perform an analysis of these changes. The firm must provide financial
analysis expertise as well as be familiar with the solid waste industry.
In order for any review to take place, the City must be clear in what the guiding principles are for the
solid waste rate structure. The follpwing list is a compilation of requirements from State law, our City's
franchise ordinance and past direction from Council:
* Uniform rates for all geographic areas;
* Base rates on the level of service rendered or required by law;
* Comply with State, Metro, and local laws (including Federal ADA);
* Encourage recycling and waste reduction;
* Maintain a financially stable disposal system in the aggregate;
* Maintain the current rate subsidy of residential by commercial service line;
* Generators can collect and transport their own waste; and
* Mixed waste rates will include cost for recycling services.
The City will also need to make some assumptions about the waste stream and services to be offered
to give further guidance in developing a rate structure. Attached is a list of rate assumptions currently
C used with our rate structure, DEQ requirements, Council direction, and industry practice.
Staff would recommend bringing back to Council at the 10/12 meeting, a resolution authorizing budget
appropriation for a financial analysis. A scope of work for the review is also attached.
1e\cathy\swrate928
RATE STRUCTURE ASSUMPTIONS:
• Automated weekly collection of garbage will be mandatory for all service lines no later than
1 /1 /95 and encouraged at curbside;
• Automated every-other-week collection of yard debris will be mandatory for residential & multi-
family services no later than 7/1/94 and encouraged at curbside;
• A mini can (20 gallon) available to residential customers;
• Rates will be developed based on the following service types: j
* Residential (carts)
* Multi-Family (carts or containers)
* Commercial (containers)
* Drop Box
* Medical Waste
• Residential rates will be based on a curb and yard rate according to the length of distance from
the curb:
* Curb rate applies between 0' - 5' of curb
* Yard rate applies between 5' - 50' of curb
* Over 50' from curb is charged on a per foot basis
• Annual rate modifications shall be set to protect the 8% to 12% aggregate net profit margin for
haulers;
• Metro tip fee adjustments will include franchise fees assessed on assumed weights:
• Future service enhancements should be reviewed prior to implementation after the haulers
demonstrate what affect the increased service will have on the business;
• Solid waste enforcement should not require more City staff;
• Provide mixed waste and recycling services (including yard debris) for all City facilities, parks,
and City activity areas at no cost to the City on a regular schedule.
SCOPE OF WORK FOR FINANCIAL ANALYSIS:
• Determine how to provide residential & multi-family yard debris collection program (curbside,
automated, every-other-week)
* Type of waiver program (who participates, who doesn't, how determined and enforced)
• Develop methodology for determining new rate structure (including yard debris program)
* set base rate at curb that will have most limited impact on aggregate rate of return
• Review Haulers' weight assumptions and cost estimate for Yard Debris Program
• Identify an adequate rate of return based on industry standards in light of today's economy (6%0 -
12%, 8% to 121%, or
• Gather data from other jurisdictions within Metro area (selected communities outside Metro area
may be used if comparable to Tigard)
* Compare rate structure methodology, residential rate subsidy information and trends, yard
debris program & waiver program statistics, etc.
* Compare effectiveness of public information programs for automation, curbside service,
& yard debris promotions.
* Compare to proposed Tigard rate structure
• Document the results of financial and technical analysis in report form
• Present draft report to City staff (1/15/94)
• Present final report to City Council at a workshop (2/15/94)
• Assist with public information sharing - CITs, Cityscape, Chamber of Commerce
• Present final report and recommendations at a Council Public Hearing (4/12/94)
010
September 1, 1993
Gerald R. Edward,
City of Tigard
13125 SW Hall
Tigard, OR 97223
Subject: Boy Scout Eagle Project Recognition
Dear Mr. Edwards:
I really appreciate your interest in my Eagle Project. Per Cathy Wheatley's
instructions last week, I'm submitting the following summary regarding the
Eagle project I directed on August 27, 1993:
On August 27, 1993 nine (9) boys from Boy Scout Troop
299, one (1) boy from Cub Scout Pack 419 and one (1)
boy from Cub Scout Pack 232 directed by Tracey Taylor
from Boy Scout Troop 299 carried out an "Eagle
Project" involving the cleaning of "Pathfinder Creek"
(this creek has no name; it flows into Fanno creek).
The project took many hours of planning, organizing,
and follow through using leadership skills on the part
of Tracey Taylor. There was a lot of debris extracted
from the creek along with tires, highway cones, shoes,
milk crates, and general garbage.
Thanks to companies like Pride Disposal, who donated,
delivered, and pick up a receptacle for the debris and
garbage collected off this project, volunteer projects
like this one can be performed to better the community
we live in during times of cutbacks.
The older Boy Scouts were an exemplary example for the
participating Cub Scouts on the impact Scouting has in
our community.
The clean up team for the above mentioned project will be in attendance at the
September 28, 1993 Town Meeting at 7:30 at Tigard City Hall per your request.
They are as follows:
NAME SCOUT RANK
Tracey Taylor, Project Leader Life Scout
Scott Davis Eagle Scout
Chad Clark Life Scout
Brian Moore Eagle Scout
Dale Miller New Scout
Curt Peterson First Class Scout
Chris Chandlee Life Scout
Ryan Chandlee Eagle Scout
Mark Blankenship First Class
Matt Iadanza Life Scout
` Billy Vest 2nd Year Webelos Cub Scout
Cody Taylor 1st Year Webelos Cub Scout
3
s
f
Mayor Gerald R. Edwards
September 1, 1993
Page 2
Troop 299 has contributed to many community undertakings with Eagle Projects
being conducted by the attached list of Scouts.
We look forward to meeting you at the Town Meeting on the 28th.
Sincerely,
ovrl/' l
QQQ
Tracey C.L. Taylor
cc: Mike Kay, Scoutmaster Troop 299
'rr~c~r~~~' •~z~~ ~r-rc.~~_w ~~ct:au'rs ~,r~r~ F'~raiJ~c:T~
t'_i.rt I!. 1::tirir,in 1.0 VDG
t i r.-, :-r c: Fe I,- rt c-' f c 'r 'v is Eu..t c_t 1_1 F.-I 7. a. r'r , I. C., c3 t a r, r.{
..-•'g9
E=1 oral=>'t. •za i (':)r; t..i E c. t C) r-s h4(DU1-71 floor!
4. t 9
as I—$ r-r r- F' E'A r t: c:.1 E:• EX rr t_1r) c:i rt c:! l_ t_t :t 1 d r.'! t : n c_~ t c'%; t=_.
V- E• { t I b 1 4-', i-t Li J. t::: I 'I i. C. f'X V- E:i:' ca C_.
'rn(A i=ic.It:!.t_terLF r'
i - F .:.t r- : w, &a.'•,~ h t_!. a. t.: I:., r' j. ca d 4 l. t ,
F"',e?r"tk" vi (A t....,:(:1 It c:;C'rl:: F, czi r " I:: , L,ut i.:t t: l-tr-{1:::,Ear'tr_:i rEi• ar'ic3
.I. ft !i-. l:. i:1 1 .I. r: L es t r"' FA r : E• r.::, r'" + I°) :i. r t C:1 L l n 6: .
t
r.a trrr,.I.:I.!:: t ri cl Eir-, t:.E:_•i-! 4
C: ;a t.. t f-'fto F_-ca r.-,<::cr 6:: i:',l-,
'ice..
r:'('ft.l ,air Hl ,...I:.ii,,::U's
t=t'I... 1;,!cA q'..a. C! 1)I1:i t_tr
,.It i:: E:ii• <::<. t t... C:, t_t r'i i::i
aFi!: Lt'r: :t'}.! t.!rtr t:.r rf"i Il:Lrir.:I 1:irI::,i'{r"'%:1rti t:; r"" ! J. r::{ C.,
t..: i. I"i,d c.l i_,{.~ ir:.i.~: +.`2 .k:±:6 r... ti tt:. Ll :a 1`°`; 1.I"t t.. r.'fr}r l::{t::i l"", !.:a •i
r.....
c:1 rac t I
;.,+.,,f;'..: ,,r.:r •fl c:, I:.. _ ! Eii C:{4:c• ,.1(::I,,: (:1 I..li`;i ! t.'t_I ,c.,ri
r r,-r E, t I, ,-•r,':' t l t.1 o: c... aI-i l t c..s C. _ r.
! r1 !..I I I t :,.t : ~r.,Ii t ; t: a.! r-c.!rr-r:;rs,.. t•,! r °i
, rt
c.l r 1 t r- c:
t...., t... t! t. OIL.! -11 1 I I c. ].c._.If.__! t t!. r..{
I
A
Tf*-' I(:lF' 299 EAC.•3t_E SCOUT.S AND PROJECTS
C::.t c:_',rat t:~ CI11. ti (+'i' C:. {'Yki' Cir r: c:#r_;ri [ t' 1:!..l ¢:ra r.:?rrc} 1:s a .l r..;t,~ #1r ;:aa..I ,
1 r~r`=•1-.1:;.1. ;.t-:t::1 s_:'t_t':>#:i~:::. ::;!.ica t ,..,trtsES:' 1_+;•..c:t.it-ir.:# !cl 1='J.r AJ i::irrrca r°r:-. ;
uw; J. r-~ , r- y on t_1 E ~ c•;: V. ~ ~a 1. i:a ,
I•, L ' I_, f_'• I r.= L - .rl J r.
a;' l rl -.t tt 1..4. c_:! # 1 t:. s°t a _•t::1 c) ~ t_s If: r. l' ink a .4. t_ I I::irl t-'ta
as
J. I
,c+. c. CA ri i"4 :~t fi51?if. ( s' t.l C.t t..'t
1-`1c.1 i. i_1 rl 1::4
.
}:a 1:,1.1it=•,.
c:it!'.. t:a i::+!•..;':'~:;. ri (:;t::~l:. „ t.~! +_uI t! r- e:-,r-i t~~ as i:
E:;:•'t::•~ r.~-.! rit~ai:•,+ r t rc-i (:_ii i.l. c::r-it'1 L.t..tEa J. r, :i r_,
1 r f:i' c:# o.. r-i ill p is+.:t. t:. c:4 is i Y i (::4 t::j I-.., :1. r":
I."c {.:.3,...,i It# :;.c1 t:. 1_i:1f it:i :I. ar::ad 1. i.: L.iaL., .1.cl•
I r ti+ i(.j
ua: t: 1 11
11
C''a 1. :.1 # C:t ; x i, 1cj t11. I:- it t J. 1 t-
t
r., 1. P I .i , ..I F.. , .
~ 'e:iricj„
a•,, ri,::'i:.~+.1 l t~:•ra fr..; t•
r',
, , 1 ~ C:i 2a i::j ~ C? iii i::1 C'. 3. +3
c• i,{::~:_~,. t:.:(tt t'. t. t1. rx i:! C:r• fr:•L., I,.
t t_:+ ; ti ?t"+:.# j.., j" _('3 , #+•kiic::n:._
!,:-.t .
:i + !
1_.#+,: r';i'•i~+~:•,.•1:•il t',.( .;..i!, ,-~.t_i ~:}i. :.uii:.~ft i::V: i,,:~.1.'~(:?+..# f_'{ ,.t 7.•j:+V :1. .;r
c 1..# ~1
- C i ~y C~xa n G L
v /i 1 l... Ik.
~f ~ MC•P ~'I l1 O'F
"`yr"" eye PROCLAMATION
CRIME PREVENTION MONTH 1993
WHEREAS, it has been proved that community crime and drug prevention
efforts are reducing victimization and helping to rebuild a sense of mutual
• responsibility and shared pride in community; and
WHEREAS, successful crime and drug prevention programs depend on
effective partnerships among law enforcement, concerned individuals,
F governmental agencies, schools, community groups, businesses, and
neighbors; and
WHEREAS, crime and drug prevention are more than self-protection and
security, but encompass the promotion of positive alternatives to
! delinquency and drug use among young people and encourage youth to
recognize their personal stake in their schools and neighborhoods; and
!!fuaa WHEREAS, it is essential to raise public awareness of crime and drug
prevention and increase involvement in crime prevention and related
community service programs.
' NOW, THEREFORE BE IT RESOLVED THAT ds,
Uayer-e+ the City of Tigard, Oregon, coo hereby proclaim October 1993 as:
f VUll
CRIME PREVENTION MONTH
in Tigard and call upon all citizens, governmental agencies, public and
^ private institutions, and businesses to increase their participation in our
community's crime and drug prevention efforts.
Iplt'a
v Dated this day of .1993.
~"R,Flllllt~~;,,
j+""Illf IN WITNESS WHEREOF, I have hereunto set my hand and caused the
Seal of the City of Tigard to be affixed. ,
Gerald R. Edwards, Mayor
e''iiifF City of Tigard
Attest:
City Recorder
w,
F 4 1► 'r;f fl~ via .i 1+• ~ ~
• 1. ~t l 1 T jJif
f
Cawtca'l.
All u ' (ti L " ~i+ f(V A "5 fYld o~ ~
043
PROCLAMATION
Recycling Awareness Week
WHEREAS, cities and counties are working together to provide
effective, efficient waste reduction and recycling programs to
Oregonians; and
z~~illl)''
WHEREAS, public agencies and private businesses are incorporating
cost-effective waste reduction practices into their everyday activities;
t and
iii
rjidru
WHEREAS, Oregon youth are taking an active role in preserving our ,
natural environment for generations to come.
a~y} o
s~ NOW THEREFORE BE IT RESOLVED THAT wards,
ti!1i(~ lR17br-of the City of Tigard, Oregon, cl#l ereby proclaim the week of
?~tUII1Tu
October 2-9, 1993 as the eighth annual ~..n
RECYCLING AWARENESS WEEK
_•iidiY in the City of Tigard, and encourage each citizen to practice the
+r essential environmental habits of reuse, reduction and recycling in their
homes, workplaces and schools.
L~
PA'
Dated this day of .1993.
i IN WITNESS WHEREOF, I have hereunto set my hand and caused the
` Seal of the City of Tigard to be affixed.
Gerald R. Edwards, Mayor j
?7A~lli; City of Tigard
Attest:
u~t(! City Recorder
I
``Ai'hw ■ j
;mn" U1
\ / t'^'' ' T'' nC. 'its. J fti,,,,.~f a` 1i• u/ A
® 1~
For Council President Schwartz:
Agenda Item 3.6
a. Acknowledgement & Recognition - Certificate of Achievement for
Excellence in Financial Reporting has been awarded to the City
of Tigard. The Government Finance officers Association wrote
the following to Mayor Edwards: "This is the highest form of
recognition of governmental accounting and financial ,
reporting, and its attainment presents a significant
accomplishment by a government and its management."
(Cathy will give you the award to show for audience/camera....)
(Ask Wayne Lowry, Finance Director, to come forward)
When a Certificate of Achievement is awarded to a government,
an Award of Financial Reporting Achievement is also presented
to the individual designated by the government as primarily
responsible for its having earned the certificate.
Congratulations to Wayne Lowry for receiving this honors
i
(Cathy will give you the Certificate to present to Wayne)
b. Tigard has also received, every year since 1987, the
Distinguished Budget Presentation Award. I am pleased to
announce that the City of Tigard recently was advised we were
awarded a Distinguished Budget Presentation Award for the
Fiscal Year Beginning July 1, 1992.
In order to receive this award, the City must publish a budget
document that meets program criteria as a policy document, as
an operations guide, as a financial plan, and as a
communication device.
(Present to Wayne - Cathy will give you the award....)
1
For Council President Schwartz:
Agenda Item 3.6
a. Acknowledgement & Recognition -tCertificate of Achievement for
Excellence in Financial Reporting has been awarded to the City
of Tigard. The Government Finance Officers Association wrote
the following to Mayor Edwards: "This is the highest form of
recognition of governmental accounting and financial
reporting, and its attainment presents a significant
accomplishment by a government and its management."
(Cathy will give you the award to show for audience/camera....)
(Ask Wayne Lowry, Finance Director, to come forward)
When a Certificate of Achievement is awarded to a government,
an Award of Financial Reporting Achievement is also presented
to the individual designated by the government as primarily
responsible for its having earned the certificate.
f
Congratulations to Wayne Lowry for receiving this honor! j
(Cathy will give you the Certificate to present to Wayne)
i
b. Tigard has also received, every year since 1987, the
Distinguished Budget Presentation Award. I am pleased to
announce that the City of Tigard recently was advised we were
awarded a Distinguished Budget Presentation Award for the
Fiscal Year Beginning July 1, 1992.
In order to receive this award, the City must publish a budget
document that meets program criteria as a policy document, as
an operations guide, as a financial plan, and as a
communication device.
(Present to Wayne - Cathy will give you the award....)
COUNCIL AGENDA ITEM y~~ !
C
CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUMMARY
AGENDA OF: SEPTEMBER 14, 1993 DATE SUBMITTED: AUGUST 20, 1993
ISSUE/AGENDA TITLE: 1993-94 INTER- PREVIOUS ACTION: ADOPTION OF
GOVERNMENTAL AGREEMENT WITH WASH. d YEAR 3 PLAN
COUNTY - YEAR 4 WASTE REDUCTION P PREPARED BY: LOREEN EDIN
DEPT HEAD OK CITY ADMIN OK REQUESTED BY: LOREEN EDIN i
a
ISSUE BEFO THE COUNCIL
Should the City participate in the Washington County Wasteshed Plan to meet
Metro waste reduction goals?
STAFF RECO11MENDATION
Participate in Year 4 of the Waste Reduction Plan in conjunction with all
cities within Washington County by approving an intergovernmental agreement
with the County.
INFORMATION SUMMARY
Metro has established a Regional Solid Waste Management Plan which includes
a Waste Reduction Chapter. This plan provides that Metro must establish a
five-year work plan for solid waste reduction and identifies specific y
programs for local governments to implement. The cities and County in
Washington County determined in 1990 that it would be most cost effective to
participate together and adopt an annual work program as the Washington
County Wasteshed. This was done for Years 1 - 3. It is now time to adopt
the Year 4 work plan. Attached is a summary of those tasks along with the
revenue allocations. Again, as in past years, under the plan, each city will
pay to Washington County, as Program Administrator, the amount identified as
that city's share for administrative cost as allocated under the annual plan
from Metro.
A resolution adopting an intergovernmental agreement with other Washington
County cities and the County is attached. A full copy of the
intergovernmental agreement can be viewed in the City Recorder's office.
PROPOSED ALTERNATIVES
1. Participate in the Year 4 work plan as a part of the Washington County
Wasteshed.
2. Do not participate in the County-wide program and adopt a plan for the
City of Tigard pursuant to the requirements in ORS Chapters 268 and 459.
FISCAL NOTES
1. Funding for the 93-94 work plan is provided by Metro grant monies which
Tigard will pay to Washington County to administer the program.
2. Unknown.
Waste Reduction basks - Year 4
Task I Comply with State Legislation Task II Continue Existing Programs
Comply with the 1991 Oregon Recycling Act by: Multi-Family Recycling
Provide all apartment complexes
Providing a recycling container and once a week with recycling containers and tenant education.
collection to residents.
Providing expanded recycling education and
promotion to all residences and businesses. a.
Implementing a Mufti-Family Recycling Program.
r
M
s Yard Debris Recycling
Expand program to include
curbside collection of yard debris.
In-House Recycling
f, Increase the number of recyclables collected
and provide employee education.
sP Building Design Review
iif.PO+e Incorporte into h the building design/site plan review
4'a''Gy9 process, language requiring recycling areas in
new mufti-famity, commercial and institutional
rl%zC developments.
Construction/Demolition Debris Recycling
Incorporate construction/demolition debris recycling into
Task III New Waste Reduction local government renovation and development projects
Programs for Fiscal Year 1993-1994 whenever economically feasible.
Household Hazardous Waste
Comprehensive Commercial Educate residents on Household Hazardous Waste
Recycling Plan minimization and proper disposal.
Continue to develop commercial
waste reduction and recycling Evaluate Feasibility of Adding
services in order to meet the state New Materials to the Curbside Program
recovery goal of 50% by the year 2000. \ Based on economic and technical feasibility of collection
and prevailing markets, add new materials to the curbside
program.
NF Recycling Depots
Promote recycling depots
collecting non-curbside items.
AP T, School Recycling
Provide schools with the opportunity
to participate in waste reduction, reuse
and recycling programs through the
Rates + Green Schools Program.
Review rates for disincentives to
recycling and waste reduction programs. VMS r VOL
Waste Reduction Program Planning all
Develop Year 5 of the Regional Waste Reduction
C Program.
Participate in the planning process for the next ~d
5 year program.
Assess future funding to continue the
Cooperative Recycling Program.
Local G®vemment scope of Responsibility
r
COUNTY AS PROGRAM ADMINISTRATOR CITIES & UNINCORPORATED COUNTY
• Plan Development ROLES IN PROGRAM
• Data Collection & Compilation • Rate Setting Authority for Franchised Haulers
• Reporting Requirements • Internal Recycling Programs:
• Program Coordination In-House Recycling Programs
• Technical Assistance to Local Governments Procurement Policies
• General Public Information Building Design Review Adoption
• General Promotion Mufti-Family Recycling Service Resolution or Ordinance
• Public Education • Waste Reduction Enforcement:
Pro Implementation: Program Implementation Assurance
• gram Complaint Investigation
Residential Curbside Recycling Program Service Standard Adoption
Coordinate & Conduct Waste Audits Report Requirements
Commercial Recycling Program Code Revision
Mufti-Family Recycling • Contribute Revenue to Program for Administrative Costs:
• School Education Designate County as Mufti-Family Grant Administrator
• Community Education Designate County as Challenge Grant Administrator
• Special Event Promotion Authorize County to Apply for Waste Reduction Grants
as Applicable
• Coordination With Regional, State, & Local Governments
& Agencies
• Contribute Revenue to Program & Administrative Costs
as Lead Jurisdiction
I
Population and Funding Allocations
1992 Metro Franchise Total
Jurisdiction Population Challenge Grant Fee Funding
Allocation Funding
Banks 570 $ 300 0 $ 300
Beaverton 58,785 $ 16,708 0 $ 16,708
Cornelius 6,425 $ 1,826 0 $ 1,826
Durham 800 $ 300 0 $ 300
Forest Grove 14,010 $ 3,982 0 $ 3,982
Hillsboro 40,350 $ 11,468 0 $ 11,468
King City 2,065 $ 587 0 $ 587
North Plains 1,025 $ 300 0 $ 300
Sherwood 3,635 $ 1,033 0 $ 1,033
Tigard 31,265 $ 8,886 0 $ 8,886
Tualatin 16,640 $ 4,729 0 $ 4,729
Wilsonville 9,255 $ 2,630 0 $ 2,630
Unincorp.
Washington County 164,801 $ 46,840 $126,780 $173,620
TOTALS 349,626 $ 99,589 $126,780 $226,369
COUNCIL AGENDA ITEM y
CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUMMARY
AGENDA OF: 9/28/93 DATE SUBMITT'8D: 9115193
ISSUE/AGENDA TITLE: CDBG Project PREVIOUS ACTION: p► roved submit-
Proposals tal of CDBG needs inventory. 10192
PREPARED BY: Duane Roberts
DEPT HEAD OK _ CITY ADMIN O REQUESTED BY: Ed Muroh~
psi 7F BEFORE THE COUNCIL
Community Development Block Grant (CDBG) Project Applications
STAFF RECOMMENDATION
It is recommended that the City Council authorize submittal of the three project applications
INFORMATION SUMMARY
Washington County is accepting project proposals for the 1994-96 CDBG funding cycle. Improvements
to Grant Avenue, the Tigard Youth Services Center, and the Tigard Senior Center previously were
approved by the City Council as potential projects for which block grants could be sought. The Grant
( Avenue project involves the construction of sidewalks and related standard street improvements along one
side of a four block segment of Grant Avenue. The sidewalk will improve safety conditions for children
walking to Tigard Elementary and Saint Anthony Schools. The youth center project involves upgrading
the existing building and constructing a 680 square foot addition. This expansion will provide needed
space for group meetings and classes and for a child care program for teenage parents who are looking
for work or involved in job training. The senior center project involves the development of a raised bed
planter area and paving of the gravel parking area located on the north side of the center. The planters
will provide a healthy outdoor recreation activity for seniors, including those with limited mobility, who
enjoy flower and vegetable gardening.
Project sponsors are required to rank all projects submitted in order of priority. A certain number of
points are assigned based on this ranking. Based on project costs, potential for alternate funding, and
other factors, first priority has been given to the Grant Avenue project, second to the youth center project,
and third to the senior center project.
Copies of the full applications are available in the City Recorder's office.
PROPOSED ALTERNATIVES
Not to submit one or more applications.
E7SCAL NOTES
Y The amount requested for the Grant Avenue project is $173,000. The amounts requested for the senior
and youth center projects, respectively, are $17,640 and $57,000.
A 20 per cent or $ :?;400 City contribution to the Grant Avenue Project is proposed. Part of this match
would be in the form of administrative overhead and in-kind contributions, such as project supervision.
Approximately $40,000 would be in hard dollars and would come from street improvement funds.
A 21 per cent or $4,700 City contribution to the Senior Center project is recommended. Approximately
$4,000 would be hard dollars and would come from general revenue funds.
A 21 per cent or $15,385 City contribution to the Tigard Youth Service Center project is proposed.
About $9,900 would be in hard dollars and would come from general revenue funds. The youth services
agency would contribute $4,000 worth of labor for interior/exterior painting.
The approval of this resolution does not financially obligate the City. Actual appropriation of funds and
acceptance of a grant would require separate budget committee action. The County project selection
process calls for grants to be awarded for fiscal years 1994, 95, and 96.
DR/Block
September 17, 1993
l
C COUNCIL AGENDA ITEM
CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUMMARY
AGENDA OF: September 28, 1993 DATE SUBMITTED:
ISSUE/AGENDA TITLE: Intergovernmental PREVIOUS ACTION:
agreement for improvements to Bull
Mountain Road PREPARED BY: Randy Woolen
DEPT HEAD OK CITY ADMIN OK REQUESTED BY:
ISSUE BEFORE THE COUNCIL
Approval of intergovernmental agreement for MSTIP project on Bull Mountain
Road.
STAFF RECOMMENDATION
That the Council, by motion, approve the agreement and authorize the Mayor to
sign the agreement on behalf of the City.
INFORMATION SUMMARY
The County MSTIP (Major Streets Transportation Improvement Program) includes
$500,000 for improvements to Bull Mountain Road. At the request of the
County, the City of Tigard has accepted the lead in selection and
administration of the improvements. Meetings with Bull Mountain residents
have led to the selection of paved shoulder improvements as the preferred use
/ of the $500,000. Residents wanted to see facilities for pedestrians and
1. bicycles along Bull Mountain Road. After reviewing alternatives, residents
selected paved shoulders as the best way to improve pedestrian and bicycle
safety within the $500,000 project budget. (Note: The selected plan
generally is to widen the road to provide paved shoulders. However, in a few
areas, a pathway will be constructed separate from the existing road where
necessary to save significant trees or to match existing improvements.)
The project will extend from Pacific Highway to approximately 150th Avenue.
The west limit of the project would be revised if necessary to stay within
the $500,000 project budget.
The County has prepared an intergovernmental agreement providing for the City
to administer the project with all costs paid by the County MSTIP. Approval
of the agreement is requested.
PROPOSED ALTERNATIVES
FISCAL NOTES
All project costs (up to $500,000) will be paid by the County from MSTIP
funds.
( rw/bmr-sum
INTERAGENCY AGREEMENT
CITY OF TIGARD AND WASHINGTON COUNTY
MAJOR STREETS TRANSPORTATION IMPROVEMENT PROGRAM (MSTIP 2) -
BULL MOUNTAIN ROAD
This agreement is entered into between Washington County, a political subdivision
of the State of Oregon, (County); and the City of Tigard, a municipal corporation, (City).
WITNEESSETH
RECITALS
WHEREAS, on September 19, 1989, the voters approved a Major Streets
Transportation Improvement Program - Six Year Serial Levy for Roads (MSTIP 2), County
now has funds and may enter into cooperative agreements with various cities situated
within the boundaries of said County to accomplish certain types of road improvement
projects; and
WHEREAS, the Major Streets Transportation Improvement Program (MSTIP 2) as
approved by the voters specifically provides for an expenditure of $500,000 for safety
improvements on Bull Mountain road to be determined by area residents and local
governments; and
WHEREAS, Bull Mountain road is a county road under the jurisdiction and control
of Washington County, and passes through the City of Tigard jurisdiction; and
WHEREAS, the City of Tigard, following citizen meetings and other input, proposes
0 construct roadway shoulder improvements on Bull Mountain Road that are expected
to enhance safety for bike and pedestrian activity, and the construction of such
improvements is within the scope of the MSTIP 2 program; and
WHEREAS, by the authority granted by said MSTIP 2, the County may enter into
cooperative agreements with various cities within Washington County for the performance
of work on improvement projects with the allocations of costs and terms and conditions
mutually agreed to by the parties; and
WHEREAS, ORS 190.010 authorized agencies to enter into intergovernmental
agreements for the performance of any or all functions and activities that a party to the
agreement has the authority to perform; and
WHEREAS, under the such authority, it is the mutual desire of the County and the
City to enter into such and agreement to cooperate in the construction of improvements
as described above:
-1-
NOW, THEREFORE, the premises being in general as stated in the foregoing
Recitals, the parties hereto agree as follows:
COUNTY OBLIGATIONS
1. County approves the City of Tigard administering the project described
above for improvements to Bull Mountain Road.
2. County hereby grants City the right to enter onto and occupy County's
right-of-way for the construction of improvements ad described above.
3. County will reimburse City for costs related to project design, right-of-way
acquisition, and construction management, up to a maximum of $500,000.
4. County shall upon execution of this contract forward to the City a lump sum
of $500,000 for the project.
CITY OBLIGATIONS
1. City shall conduct project design, right-of-way acquisition, and construction
management for the project, and shall identify and issue or obtain required
permits.
2. City represents that it is the Public Contract Review Board for the City and
as such, shall perform all activities necessary to obtain materials and
services required to complete the project. City shall comply with all
applicable contract review rules and procedures.
3. City shall perform work and maintain records of such work in conformance
with applicable State and local statutes and regulations. The work and
records shall not conflict with any applicable ordinances or regulations.
4. City shall, upon request by the County, compile accurate cost accounting
records and furnish the County with an itemized statement of actual costs
for the project. When the actual total cost for the project has been
computed, City shall furnish the County an itemized statement of said final
project costs. If, upon completion, the total costs for the project are less
than $500,000, the City shall refund the County the difference.
5. Funds deposited by the County with the City and which are unexpended
shall accrue interest based upon the City's rate of return on investments,
and any interest accrued shall be returned to the County upon completion
of the project.
-2-
GENERAL PROVISIONS
1. The parties agree to abide by all applicable laws and regulations regarding
the handling and expenditure of public funds.
2. Within the limits of the Oregon Tort Claims Act, City and County shall hold
harmless, indemnify and defend each other for any and all claims,
damages, losses and expenses including, but not limited to, reasonable
attorney's fees, in connection with any action, suit or claim, whether in tort
or contract, arising out of or resulting from each party's performance or
failure to perform any of the obligations herein, or in the referenced
contractor's contract, to the extent same are caused by the County or City,
their respective employees or agents.
3. Either party shall be deemed to be in default if it fails to comply with any
provision of this Agreement. City and County agree time is of the essence
in the performance of any of the obligations within this Agreement as related
to construction. Complaining party shall provide the other party with written
notice of default and allow thirty (30) days within which, to cure the defect.
4. County shall pay City for costs incurred for satisfactorily completed and
authorized work up to the time of default. City shall be liable for all costs
and damages arising from default by City.
5. County shall be deemed in default if it unreasonably withholds or delays
funds for payment of authorized work. In no event, however, shall County's
liability exceed the actual cost of constructing the project herein approved,
to a maximum total of $500,000.
6. The term of the Agreement shall be from the date of execution until the
completion of the project, but not to exceed three years.
7. This Agreement may be amended or extended for periods of up to six (6)
months by mutual consent of the parties, subject to provisions of this
Agreement. Except for breach it may be cancelled only upon mutual
consent. Should the project be cancelled or terminated for any reason
beyond the control of the parties, the parties shall in good faith agree to
such reasonable provisions for winding up the project and paying for costs
incurred as are necessary.
-3-
i
IN WITNESS WHEREOF, the parties hereto have set their hands and affixed their
seals as of the day and year hereinafter written.
DONE AND DATED this day of , 1993.
WASHINGTON COUNTY, OREGON
CHAIRMAN
BOARD OF COUNTY COMMISSIONERS
RECORDING SECRETARY
CITY OF TIGARD, OREGON
OR
ATTEST:
CITY RECORDER
APPROVED AS TO FORM:
Dan R.Olsen
Chief Assistant County Counsel
JA 1WPSHAREIASITIGAGREE
IN
COUNCIL AGENDA ITEM 4
CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUMMARY
AGENDA OF: September 28, 1993 DATE SUBMITTED: September 9, 1993
ISSUE/AGENDA TITLE: Budget Ad'ust nt PREVIOUS ACTION: Council approval
for Bull Mountain Rd Project of agreement.
PREPARED BY: Wayne
DEPT HEAD OK CITY ADMIN 0 REQUESTED BY: Wayne/Randy
FISSUE BEE THE COUNCIL
Approval of adjustment to 1993/94 bu get for Bull Mtn Rd project funded by
the County.
STAFF RECOMMENDATION
Approve a resolution to amend the 1993/94 budget to provide for this project.
INFORMATION SUMMARY
The Bull Mountain Rd project is estimated to cost $500,000 and will be funded
by Washington County out of MSTIP funds. The agreement between the City and
the County stipulates that the County will send the City the entire $500,000.
The City will manage the project and return any funds not used at the end of
the project. The County is also entitled to all interest earnings on the
funds while in the possession of the City.
Local budget law (ORS 294.326(2) allows the council to amend the budget by
resolution for funds received in trust for a specific purpose.
The attached resolution recognizes the funds provided by the County as
revenue and provides the City with budget authority to spend the funds on the
project.
PROPOSED ALTERNATIVES
FISCAL NOTES
The attached resolution will establish a new Bull Mountain Road Improvement
Fund with estimated revenues and appropriations.
COUNCIL AGENDA ITEM y
CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUMMARY
AGENDA OF: 9-28-93 DATE SUBMITTED: 9-10-93
ISSUE/AGENDA TITLE: Law Enforcement PREVIOUS ACTION:
Mutual Aid Agreement
PREPARED BY: Ron Goodpaster
DEPT HEAD OK :kW-CITY ADMIN OK REQUESTED BY: Ron Goodpaster
ISSUE BEFO THE COUNCIL
Approval of an intergovernmental agreement for mutual aid among law
enforcement agencies in Washington County.
STAFF RECOMMENDATION
Recommends approval.
INFORMATION SUMMARY
The existing mutual aid agreement is outdated and this action will update the
agreement. We frequently have situations occur that require assistance from
other law enforcement agencies, and we are asked to provide assistance to
l outside agencies. The resolution to approve this mutual aid agreement also
allows the Mayor or his designee to enter into memoranda of understanding
relating to the provision of mutual aid among law enforcement agencies as
long as the mutual aid agreement is adhered to. This would allow for ongoing
interagency teams, such as narcotics, and for on-duty patrol assistance on an
as-needed basis.
PROPOSED ALTERNATIVES
Approve.
FISCAL NOTES
Any expense we would bear as a result of this agreement would come back to us
in outside assistance being provided to us.
COUNCIL AGENDA ITEM
CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUMMARY
AGENDA OF: September 28, 1993 DATE SUBMITTED:
ISSUE/AGENDA TITLE: Legalization PREVIOUS ACTION:
right-of-way for S.W. 93rd Ave.
PREPARED BY: Randy Woolev
DEPT HEAD OK CITY ADMIN OK REQUESTED BY:
ISSUE BEFORE THE COUNCIL
Should the City Council legalize the right-of-way for S.W. 93rd Avenue?
STAFF RECOMMENDATION
Staff recommends approval of the attached ordinance.
INFORMATION SUMMARY
S.W. 93rd Avenue is an established road which is maintained by the City of Tigard and is
travelled by the general public. However, due to land ownership changes at the time of
development of certain properties which abut the road,the right-of-way was never dedicated
to the public for road purposes. Through a process called legalization of the road, state
law (ORS 223.935) provides a process for the establishment of the right-of-way.
It is necessary to establish the right-of-way for S.W. 93rd Avenue in order to provide clear
definition as to ownership, maintenance responsibilities, and rights of the general public.
The legalization process requires that the City Council hold a public hearing to hear any
information that controverts the material presented in the attached report and survey. By
previous action, the City Council scheduled the hearing for September 28, 1993.
PROPOSED ALTERNATIVES
1. Approve the attached ordinance legalizing the road in accordance with the report
submitted by the City Engineer
2. Direct that the ordinance be modified.
3. Direct that an order be prepared to abandon the legalization proceedings.
FISCAL NOTES
The work for surveying, monumenting, and recording the right-of-way is funded from the
Engineering Department budget..
agd9Jrd.cd
COUNCIL AGENDA ITEM
CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUMMARY
AGENDA OF: September 28,, 1993 DATE SUBMITTED:
ISSUE/AGENDA TITLE: Legalization o PREVIOUS ACTION:
right-of-way for S.W. 112th Ave.
PREPARED BY: Randy Woolev _
DEPT HEAD OK CITY ADMIN OK REQUESTED BY:
ISSUE BEFORE THE COUNCIL
Should the City Council legalize the right-of-way for S.W. 112th Avenue?
STAFF RECOMMENDATION
Staff recommends approval of the attached ordinance.
INFORMATION SUMMARY
S.W. 112th Avenue is an established road which is maintained by the City of Tigard and is
travelled by the general public. However, due to legal flaws in the 1972 dedication
documents the right-of-way was never dedicated to the public for road purposes. Through a
process called legalization of the road, state law (ORS 223.935) provides a process for the
establishment of the right-of-way.
It is necessary to establish the right-of-way for S.W. 112th Avenue in order to provide clear
definition as to ownership, maintenance responsibilities, and rights of the general public.
The legalization process requires that the City Council hold a public hearing to hear any
information that controverts the material presented in the attached report and survey. By
previous action, the City Council scheduled the hearing for September 28, 1993.
PROPOSED ALTERNATIVES
1. Approve the attached ordinance legalizing the road in accordance with the report
submitted by the City Engineer
2. Direct that the ordinance be modified.
3. Direct that an order be prepared to abandon the legalization proceedings.
FISCAL NOTES
The work for surveying, monumenting, and recording the right-of-way is funded from the
Engineering Department budget.
agd93rd.cd
COUNCIL AGENDA ITEM
CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUMMARY
AGENDA OF: September 28, 1993 DATE SUBMITTED:
ISSUE/AGENDA TITLE: Parkin restri - PREVIOUS ACTION:
tions on Dartmouth Street
PREPARED BY: Randy Wooley
DEPT HEAD 0 CITY ADMIN OK REQUESTED BY:
ISSUE BEFO THE COUNCIL
Shall parking be prohibited on Dartm uth Street?
STAFF RECOMMENDATION
Approval of the attached ordinance.
INFORMATION SUMMARY
Dartmouth Street is currently under construction in the Tigard Triangle. The
street is designed to function as a collector street with no on-street
parking. An ordinance is needed to allow the street to be posted as a "no
parking" zone upon completion of construction.
The attached ordinance will amend the Municipal Code to add Dartmouth Street
to the list of locations where parking is prohibited at all times.
PROPOSED ALTERNATIVES
FISCAL NOTES
Signing costs can be charged to the LID.
rw/dart-sum
COUNCIL AGENDA ITEM
~w
CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUMMARY
AGENDA OF: September 28, 1993 DATE SUBMITTED:
ISSUE/AGENDA TITLE: Parking restric- PREVIOUS ACTION:
tions on SW 72nd Avenue 17. /
PREPARED BY: Randy Wooley
DEPT HEAD OK CITY ADMIN OK REQUESTED BY:
ISSUE BE 0 THE COUNCIL
Prohibition of parking along SW 72n Avenue.
STAFF RECOMMENDATION
Approval of the attached ordinance.
-
INFORMATION SUMMARY
South of Highway 217, SW 72nd Avenue is improved to collector street
standards. In accordance with Tigard standards, the street is designed for
no on-street parking.
North of Highway 217, SW 72nd is partially improved. Again, the design
standard assumes no on-street parking in the fully-improved portions. On
those portions that do not yet have full improvements, the existing pavement
C is too narrow to safely accommodate parking.
Therefore, staff recommends that the entire street south of Pacific Highway
be designated as a "no parking" zone.
Currently, the Municipal Code only provides for parking restrictions on
portions of 72nd near the cinemas and near Bonita Road. The attached
ordinance would amend the Code to extend the parking prohibitions to all of
SW 72nd south of Pacific Highway.
PROPOSED ALTERNATIVES
FISCAL NOTES
As SW 72nd continues to develop, it will be necessary to post additional "no
parking" signs along the street. In some cases, signing costs can be charged
to developers. Elsewhere, costs will be borne by the streets maintenance
fund.
rw/72-sum
l
COUNCIL AGENDA ITEM
CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUMMARY
AGENDA OF: a WS lg3 DATE SUBMITTED: September 20 f 1993
ISSUE/AGENDA TITLE: C.O.T./O.D.O.T. PREVIOUS ACTION:
intergovernmental. Agreement To Conduct
99W Transportation Systems Mgmt. Study PREPARED BY: Carml A.
DEPT HEAD OK CITY ADMIN OK REQUESTED BY: 99W Task rgree
mm®aaamamm® aaa---a_-a===aa=a=m==.-caaaaaaaaaamaaaamomaa®aaamao®oaaa
ISSUE BEFORE THE COUNCIL
Should the council enter into and execute, an intergovernmental agreement
with ODOT to conduct a transportation systems management study of 99W7
Should the City pay up to $20,000 for the study? ODOT has offered to pay
$20,000.
caaaaaaacaaa=a=oacacacan====ccc==.=.=c=o=o=o=nascoaaaana=oaaaaaaaaamaaaa
STAFF RECOMMENDATION
Staff supports the 99W Task Force recommendation as stated above.
=EZ= - c====aocsasasaaaaasaaaaaaaaaaaaamaaaaoaaaaamaa
INFORMATION SUMMARY
in April, the city requested the Oregon Department of Transportation (ODOT)
fund 80% of a transportation systems management study of 99W. The City
offered to pay the remaining 20%, an amount estimated to be no more than
$15,000. ODOT, in turn, offered $20,000 to conduct an access management
study. Discussions between ODOT and city staff led to a proposal in which
the City and ODOT would jointly conduct a trimmed down transportation study
that would include an access management component and a transportation
systems management, but would delete sections on pedestrian, bike and street
improvements, expansion and demand management. This study will look at ways
to improve the efficient use of 99W primarily through short term, low cost
improvements that will not expand 99W. ODOT would provide $20,000 and the
City would provide up to $20,000. The project would be jointly managed by
the City and ODOT through a management team consisting of representatives
from the 99W Task Force, ODOT staff, city staff and a representative from
Metro.
aaaQaeaaaaaaaarsaa
aaaaaaa
PROPOSED ALTERNATIVES
1) Not conduct the study.
2) Conduct the study without ODOT.
anaa=ace=nanaaaa~a~=- aaa=~,ara
FISCAL NOTES
Initially, $15,000 was set aside for the City share of this study. Under
this proposal, City costs could increase by $5,000 depending on the total
cost of the study.
}
ODONNELL RAMIS ET AL 503-243-2944 Sep 27,93 11:50 No.013 P.02/02
®'DONNE., RAMIS, CREW & CORRIGAN
w1Y'ORNZYWff LAW
U LOwe WIN= SULVWo
VZ7 N.W. Uzp aaeft
PauddW, 07209
TEUMM& OW) =440
i
DATE: September 27, 1993 3
TO: Carol Landsman, Long-Range Planning
City of Tigard
13125 B.W. Hall Blvd.
Tigard, OR 97223
FROGS: James m. Coleman, City Attorney's Office
RE: intergovernmental Agreement Highway 99 W Access
Management Plan
I have reviewed the draft Intergovernmental Agreement between the
City and ODOT regarding the Access Management Plan project for
Highway 99 K. The form looks fine with a couple of exceptions.
On page 3 of the Agreement, the termination provisions allow ODOT
to terminate at any time for any reason after 30 days notice. We
should add the following language to that provision:
"If ODOT terminates this Agreement after City has
incurred expenses and obligations pursuant to this
Agreement, ODOT's obligation to reimburse City for loot
of actual costs incurred by city to a maximum amount of
$20,000 shall survive termination."
In the two documents identified as Exhibit "A" there are references
to a public participation program in accordance with the City's
acknowledged comprehensive plan "and with statewide planning goal
In. The reference to statewide planning goal 1 should be deleted
in both documents because statewide planning goal i is not
applicable to the City of Tigard.
With the above stateiS exceptions the form of the document is
satisfactory.
JMC:alc
JmeW nQem.atvoOQi.tk(0enl.aKaw
/ C~~y _ cU! cam r~ c-tusvlS
INTERGOVERNMENTAL AGREEMENT
TIGARD/HIGHWAY 99W TRANSPORTATION SYSTEM ~Z.-.
AND
ACCESS MANAGEMENT PLAN
THIS AGREEMENT is made and entered into by and between THE STATE OF 9lasi?~3
OREGON, acting by and through its Department of Transportation, hereinafter referred
to as "ODOT" and the City of Tigard, hereinafter referred to as "CITY".
RECITALS:
1. By the authority granted in ORS 190.110 and 283.110, state agencies may enter
into agreements with units of local government or other state agencies for the
performance of any or all functions and activities that a party to the agreement, its
officers, or agent have the authority to perform.
2. Under such authority, Oregon Department of Transportation (ODOT) enters into
an agreement with the City of Tigard to jointly have performed the work shown in
"Exhibit A". ODOT shall provide an amount not to exceed $20,000 for payment
of the work. The City of Tigard shall provide an amount not to exceed $20,000
and shall administer the project.
3. The purpose of this project is to identify safety and operational problem areas on
Highway 99W through the City of Tigard, define and evaluate a range of
management strategies and projects, and recommend a package of cost efficient
proposals to improve operational efficiency and safety consistent with the State,
regional, and local function of the highway, while supporting existing and planned
land uses along the corridor. Recommended actions will consist of transportation
system management and access management techniques which are relatively low-
cost and which use existing capacity more efficiently.
4. ODOT proposes to provide 100 percent State funds.
NOW THEREFORE, the premises being in general as stated in the foregoing RECITALS,
it is agreed by and between the parties hereto as follows:
CITY OBLIGATIONS:
1. CITY or its consultant shall perform the work described in "Exhibit A". The work
is to begin on the date of approval and execution by all necessary parties and be
completed no later than December 31, 1994.
2. CITY shall submit billings directly to ODOT's liaison person for review and
approval. Such bills shall be in a form acceptable to ODOT and documented in
such a manner as to be easily verified. Billings shall be presented for periods of
not less than one month duration, based on actual expenses to date.
3. CITY shall keep cost records and accounts pertaining to the work covered by this
agreement shall be kept available for inspection by representatives of ODOT for
a period of three (3) years following date of final payment. Copies of such records
i shall be made available upon request.
4. CITY agrees to comply with all applicable state, federal, and local laws, rules,
regulations and ordinances, including, but not limited to those pertaining to civil
rights.
5. CITY further agrees to cooperate fully with liaison personnel assigned to the
project by ODOT. Conferences with these personnel shall be held at the request
of CITY and ODOT.
6. CITY authorizes ODOT to review and inspect the study activities.
7. CITY shall be responsible for all costs and expenses related to its employment of
individuals to perform the work under this agreement, including but not limited to
PERS contributions, workers compensation, unemployment taxes, and state and
federal income tax withholdings.
8. CITY shall be free to copyright materials developed under this contract. ODOT
reserves a royalty-free, non-exclusive and irrevocable license to reproduce, publish
or otherwise use, and to authorize others to use, the work for governmental
purposes.
9. CITY shall enter into and execute this agreement during a duly authorized session
of its City Council.
ODOT OBLIGATIONS:
1. Upon receipt of acceptable billing from CITY, ODOT agrees to reimburse CITY for
100 percent of actual costs incurred by CITY, up to a maximum amount of
$20,000. This amount will be comprised entirely of State funds.
2. ODOT certifies, at the time this agreement is executed, that sufficient funds are
available and authorized for expenditure to finance costs of this agreement within
ODOT's current appropriation or limitation of current biennial budget.
4. ODOT liaison person for this contract is an ODOT Region 1 Planner. The liaison
person shall ensure compliance with State regulations and standards, and with the
terms of this agreement and shall review and approve billings.
GENERAL PROVISION:
1. CITY and ODOT agree to jointly conduct a transportation system management and
access management study of 99W. Both ODOT and CITY shall provide at least
one .representative to the project management team as defined in "Exhibit A".
2. The contractor, its subcontractors, if any, and all employers working under this
agreement are subject employers under the Oregon Workers' Compensation Law
and shall comply with ORS 656.017, which requires them to provide Workers'
Compensation coverage for all their subject workers.
3. Publication of.any reports by either party shall give credit to the other party.
However, if ODOT does not wish to subscribe to the findings or conclusions of the
study, the following statement will be added:
The opinions, findings, and conclusions expressed in this
publication are those of the authors and not necessarily those
of the State of Oregon."
4. This agreement may be terminated by mutual consent of both parties, or by either
party upon 30 days' notice, in writing and delivered by certified mail or in person.
If ODOT terminates this agreement after CITY has incurred expenses and
obligations pursuant to this agreement, ODOT's obligation to reimburse CITY for
100% of actual costs incurred by CITY to a maximum amount of $20,000 shall
survive termination. _
ODOT may terminate this agreement effective upon delivery of written notice to CITY, or
at such later date as may be established by ODOT, under any of the following conditions,
but not limited to these conditions.
1. If CITY fails to provide services called for by this agreement within the time
specified herein or any extension hereof.
2. If CITY fails to perform any of the other provisions of this agreement, or so fails
to pursue the work as to endanger performance of this agreement in accordance
with its terms, and after receipt of written notice from ODOT fails to correct such
failures within 10 days or such longer period as ODOT may authorize.
IN WITNESS WHEREOF, the parties hereto have set their hands and affixed their seals
as of the day and year hereinafter written.
This project was approved by the Oregon Transportation Commission on
1993.
The Oregon Transportation Commission, by a duly adopted delegation order, authorized
the State Highway Engineer to sign this agreement for and on behalf of the Commission.
Said authority is set forth in the Minutes of the Oregon Transportation Commission.
APPROVAL RECOMMENDED STATE OF OREGON, by and through
its Department of Transportation
By
(P41;f n Manago By
(Sti" K%hway &vb-O
APPROVED AS TO LEGAL SUFFICIENCY
By Date
(Asst. AU-ay C---Q
nd
APPROVED AS TO LEGAL SUFFICIENCY CITY OF TIGARD,
C' Cb I
through its o
By
(cftyAn-y) ouncil President)
Da 4I~~ la 3
"EXHIBIT A"
The City of Tigard, through the use of consultants, will conduct a transportation systems
and access management study as defined in the detailed scope of work. It will produce
a report that lists and evaluates possible improvements, makes recommendations and
contains appropriate graphics.
The City of Tigard will review report recommendations for consistency with the Tigard
Comprehensive Plan and where there is not consistency will indicate appropriate
comprehensive plan revisions necessary to implement the recommendations.
The City of Tigard will conduct a public participation program in accordance with its
acknowledged comprehensive plan.
The City of Tigard will administer the project following the purchase rules adopted by the
City of Tigard and its local Contract Review Board. It will hire a consultant with the
approval of the project management team, keep records, and handle billing. Further, City
of Tigard staff will provide administrative and technical support to the project management
team.
The City of Tigard will provide staffing to attend all project-related citizen and technical
committee meetings, public workshops, and public hearings. City of Tigard staff will
prepare a staff report recommending appropriate action for consideration by the
appropriate policy boards, including the City Council.
The City of Tigard, or its consultant, will ensure proper preparation and distribution of all
meeting agenda and minutes.
The City of Tigard will provide the consultant with copies of comprehensive plan and other
policy documents; existing land use, natural resources, and zoning maps of the study
area; existing relevant traffic count and accident information; applicable transportation
or other relevant studies and previously considered projects and designs; and any other
relevant information the consultant may need to carry out the technical work described
in the attached scope of work.
The City of Tigard will help determine the range of alternatives to be developed, without
excluding from evaluation, any option that meets the purpose of the study, impacts to be
evaluated, and criteria for evaluating alternatives.
The City of Tigard will provide guidance to the consultant in defining transportation
operational deficiencies and in developing and evaluating attemative improvement or
management strategies for overcoming those deficiencies.
The Oregon Department of Transportation (ODOT) will provide the City or its consultant
with existing design standards, traffic counts, accident data, as-built drawings, previously
considered projects, and any other existing information pertinent to the study area.
r
"EXHIBIT A"
i
ODOT will assist the City and its consultant in evaluating existing deficiencies and
( alternatives developed for overcoming such deficiencies for their effectiveness in meeting +
ODOT objectives and for compatibility with ODOT Plans (OTP, Highway Plan, Bicycle '
Plan, etc.) and operational and design standards.
ODOT will help determine the range of alternatives to be developed, without excluding
from evaluation, any option that meets the purpose of the study, impacts to be evaluated,
and criteria for evaluating alternatives.
ODOT will prepare a staff report recommending appropriate action on the results of the
study by Region management and/or the Oregon Transportation Commission.
avStateAgr
September 27, 1993
t
DRAFT *EXHIBIT A.
99W TSM IMPROVEMENTS SCOPE OF WORK
it ose:
To Identify problem areas and points of conflicts on 99W and determine a package of actions and
projects to improve mobility and safety while not unnecessarily undermining economic
development. These projects will be relatively low cost and use existing capacity more efficiently.
Study Area:
99W in Tigard.
Background:
99W is a principal arterial connecting Portland and communities to the Southwest, it moves large
amounts of commuter and recreational traffic. tt is a State-owned Access Oregon Highway which
must conform to certain state standards. ft is also a major commercial district with many types of
busy activities that attract trips, conflicting turns and congestion.
Improvements on 99W have implications for the region. The regional transportation plan identified
the need for improvements to 99W in Tigard. ODOT has conducted studies of this corridor. The
results of the western bypass study will affect traffic on 99W as will the proposed Barbur LRT study,
the Metro's 2040 effort, the RTP update. Whatever the results of these studies, mobility and safety
need to be improved on 99W. This study will identify low cost interim improvements that will not
Ceclude, as much as can be determined, mode assignments, functional classification and
,sociated multi modal improvements these other studies may recommend in this corridor.
Study:
This study will review existing conditions and identify points of conflict, accident locations, and
unsatisfactory service levels. It will explore a range of low cost actions and projects to improve
mobility, safety and access on 99W and determine and discuss their costs and benefits. It will
Involve and inform the business community and general public and build a consensus for a series
of road improvements and regulatory mechanisms.
Options Considered in Study:
• Access management techniques such as consolidating driveways, closing off non essential
driveways and streets, adding frontage roads and medians, identification of missing links in
local street systems to avoid reliance in state highway for direct access to abutting land uses.
This option includes assigning an access management category and designing regulatory
mechanisms for implementation by City in coordination with ODOT road approach system.
• Transportation systems management improvements such as modifications to signal system ,
or lane striping patterns and adding turn lanes.
Improved signs to reduce driver confusion and last second lane switching.
Any proposed improvements should either meet ODOT standards or an exception should be
justified, in accordance with established ODOT procedures.
DRAFT.....' EXHIBIT A'
Proposed Scope of Work:
ne following tasks are those for which the consultant will be responsible. The City, working with the
project management team, will establish a policy and technical oversight mechanism, and design
and implement a public participation and information program that complies with Tigard
comprehensive plan requirements. The project management team will review the consultant's
report and make recommendations to the appropriate policy boards.
The City will provide the consultant existing data and reports (see attached list), a map of driveway
.and sign locations, and GIS generated base maps.
• Develop study methodology.
® Gather and analyze existing studies and applicable policy statements; create databases
and maps.
• Identify trouble areas and deficiencies.
• Inventory existing conditions, emphasizing trouble areas, including, but not limited to the
width and condition of travel lanes, bicycle lanes, sidewalks, signals, signs and other traffic
control devices, accident history, traffic volumes and delay times; adjacent existing and
planned land uses; location, width and spacing of existing driveways.
• Identify range of possible improvements including design, management and regulatory
approaches.
• Determine and discuss total social impacts of each improvement, quantifying where possible
or giving magnitude and direction of each. Determine who benefits or bears cost. Evaluate
improvements on other criteria including compatibility with future improvements determined
in consultation with management team.
• Attend and make presentations at " public meetings/hearings.
• Develop a package of recommended improvements and implementation techniques.
• Provide a final report including evaluated improvements, recommendations and appropriate
graphics.
Project Management:
:lie 99W TSM study will be managed jointly by the City of Tigard and ODOT. The City of Tigard will
administer the project and provide staff support. Tigard and ODOT will establish a project
management team consisting of two representatives from the Tigard 99W Task Force, two
representatives from ODOT, one from Tigard City Staff, and one from Metro based or availability.
This policy oversight committee will meet regutarty with and direct the consultant and the study.
The management team will make decisions by consensus.
pU97mcopemst
September 27, 1993
COUNCIL AGENDA ITEM
CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUMMARY
AGENDA OF: September 28. 1993 DATE SUBMITTED: September 20, 1993
ISSUE/AGENDA TITLE: Charter Amendment PREVIOUS ACTION: Discussed on
Discussion August 10, 1993
PREPARED BY: Cathy Wheatley
DEPT HEAD OK CITY ADMIN OK REQUESTED BY: Patrick J. Reilly
ISSUE BEFORE THE COUNCIL
Review of Charter amendments which include the following:
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
a candidate for the same council position.
4. Delete resignation requirement to file as candidate with concurrent
term.
Review of nominating procedure for office of Mayor (TMC 2.40):
1. Provide for a primary election for the Mayor's position.
STAFF RECOMMENDATION
Direct staff to set up a public hearing to receive comments if the Council
decides to proceed with Charter amendments and changes to Tigard Municipal
Code Section 2.40. The next available election is March 22, 1994; the filing
( deadline for this election is January 20, 1994.
INFORMATION SUMMARY
Attached is material from City Attorney Tim Ramis' office reviewing the
proposed changes. If the Council incorporates all of the suggestions, an
amendment to Section 7 of the Charter could be submitted to the voters in
March 1994. Also, Tim's memorandum outlines changes to Tigard Municipal Code
Section 2.40 with regard to nomination and election procedure for Mayor
should the Council decide to change this process.
PROPOSED ALTERNATIVES
1. Direct staff to proceed with hearing process to solicit citizen input.
2. Discontinue consideration of Charter and Municipal Code amendments at
this time.
FISCAL NOTES
Mail-in ballot costs would be borne by the City. Costs are difficult to
estimate: Tigard would pay a prorated share as one of the jurisdictions
which has a candidate or measure on the ballot. Costs can rise or fall
depending on voter turnout and the number of items on the ballot from other
cities/districts in the County.
h:\login\cathy\char2.sum
OTONNELL, RAMIS, CREW & CORRIGAN
ATTORNEYS AT LAW
BALLOW & WRIGHT BUILDING
1727 N.W. Hoy[ Street
Portland, Oregon 97209 " .
TELEPHONE: (503) 22211402 • - r
FAX: (503) 243-2944
SEP 1 3 1993
DATE: September 10, 1993
t
TO: Tigard City Council and
Pat Reilly, City Administrator
FROM: Tim Ramis - City Attorney
RE: Possible Charter Amendment and Changes to the Election
Process
A number of changes have been proposed to the manner in which the
Mayor is elected. The proposed changes as I understand them are:
1) To eliminate the requirement in Section 7 of the Tigard
Charter 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) To eliminate the requirement in Section 7 of the Tigard
Charter that the Council hold an election to fill an unexpired
term and to provide alternate directions for filling the
vacancy.
3) To eliminate the requirement in Section 7 of the Tigard
Charter that a person appointed to fill a vacancy not be a
candidate for election to that position at a vacancy filling
election.
4) To elect the Mayor on odd-numbered years, but continue
to elect Councilors at the biennial general elections.
5) To provide for a primary election for the Mayor's
position.
6) To provide for the number of candidates for Mayor in the
general election after the primary election.
7) To provide that if a candidate for Mayor receives more
than 50% of the votes at the primary, then the candidate is
elected to the position of Mayor and no general election for
Mayor is held.
r
O'DONNELL, RAMIS, CREW & CORRIGAN
C Memo re: Possible Charter Amendment and Changes to the Election
Process
September 10, 1993
Page 2
8) To provide for what happens if a candidate withdraws
after the primary election.
I have been asked to comment on the proposed changes.
Suggested Changes #1 - 3
Our office prepared a draft of Section 7 of the Tigard Charter
which incorporates these suggested changes. I believe the City
Council had the opportunity to review the draft wording in August.
I am attaching the proposed section as Exhibit "A" to this memo.
Suggested Change #4
We contacted the Elections Division of the Secretary of State's
office concerning the proposal for odd-year elections. We are in
agreement with that Division's opinion that regular elections of
city officers must be held at the same time as the primary and
general biennial elections are held.
Suggested Changes #5 - 8
There are a couple of things to keep in mind when contemplating
changes to the nomination and election process for Mayor.
Paragraph Two of Section 31 of the Tigard Charter provides that:
"The procedures for nomination and election for elective City
positions shall be governed by the election laws of the State
of Oregon, or by City ordinances if such ordinances are not
inconsistent with state law."
Therefore, changes to the nomination and election process may be
adopted by ordinance rather than by amending the Charter. Chapter
2.40 of the Tigard Municipal Code already sets out the nominating
procedure as it exists and would be the logical place to put any
additions or changes to the nominating process for Mayor.
Also, keep in mind that the proposed charter amendment will
probably go to the voters in March. By the time the election is
held in March, the filing deadline for the May primary will have
passed. Therefore in order to have a primary election for Mayor
in 1994, under any newly adopted charter provisions, a special or
emergency election would have to be called, most likely in June.
O'DONNELL, RAMIS, CREW & CORRIGAN
1
f
Memo re: Possible Charter Amendment and Changes to the Election
Process
September 10, 1993
I
Page 3 s
t
I have drafted changes and additions to Chapter 2.40 of the Tigard
Municipal Code which address most of the issues in changes #5 - 8.
I have attached a draft of the proposed revisions as Exhibit "B"
to this memo. The sections added to Chapter 2.40 call for a
primary election for Mayor and provide that the top two candidates
shall advance to a run-off in November. ORS 249.088 provides that
11[a]t the nominating election held on the date of the primary
election two candidates shall be nominated for the nonpartisan 5
office." I have drafted the section so that the top two candidates
advance in keeping with this statute.
The new sections also provide direction in case the only candidate i
or one of the candidates should die, withdraw or become ineligible
for the position.
I did not include any draft language for election of the Mayor at
the primary election if a candidate receives more than 50% of the
votes cast for that position. However, we did draft a similar
provision for the City of West Linn, which is attached as Exhibit
ncn.
i
The proposed changes to Chapter 2.40 were drafted after a review
of the current state statutes concerning nominations and elections.
If the City Council decides to pursue these suggested changes, they
will be reviewed in light of any changes that the 1993 Legislature
made.
A final note concerning elections. The City's initiative and
referendum process is located in Chapter 1.12 of the Tigard
Municipal Code. The ordinance setting out the process was adopted
in 1962. I recommend that this chapter be updated in order to make
more similar to the state process and to make it easier to use and
interpret.
wam\mmd\dgard\nom&elec.mem
EDIT "A°
Proposed Amendments to Section 7 of the Charter:
1. Eliminate 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. Revise the third paragraph to eliminate the mandatory requirement
that the council make an appointment or hold an election to fill a
vacancy of an unexpired term. Also the revision will eliminate the
requirement which prohibits an interim appointee from running for
that position. The suggested new Section 7 is as follows:
"Section 7. 14AY0R AND COUNCIL. The elective officers of
the city shall 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 serve
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. Thew,
limitations do not apply to the filling of an unexpired term.
In the event the office of mayor or councilor becomes
vacant before the normal expiration of its term, a special
election may be held at the next available date to fill the
office for the unexpired term. Such an election shall only
take place it the council can schedule and hold a special
election at least twelve months before the term would
otherwise expire. If an election is held, it shall be held in
accordance with the election laws of the State of Oregon and
city ordinance and not inconsistent with such election laws.
The Council may appoint a person to fill a vacancy until an
election can be held.u
EXHIBIT "B"
t
Tigard Municipal Code
Chapter 2.40
NOMINATING PROCEDURE DBROAFT
Delete
Section 2.40.030(1)
Amend
Section 2.40.030(3)
Add
Section 2.40.060
2.40.060 Primary Election. A nominating election for the
position of mayor shall be held at the biennial primary election
in 1994 and every fourth year thereafter. The two persons
receiving the higher number of votes at the biennial primary
election shall be nominated and may participate in a run off
` election at the biennial general election.
t Section 2.40.070
2.40.070 Withdrawal of Candidacy by Nominee. Any person who
has been nominated at a biennial primary election may withdraw from
nomination by filing a written statement declining the nomination
and stating the reason for withdrawal. The statement shall be
signed by the candidate before a notary public and filed not later
than the 67th day before the biennial general election with the
city recorder.
Section 2.40.080
2.40.080 Filling a Vacancy in Nomination.
(A) If the only candidate nominated to the mayoral position
at the primary election dies, withdraws or becomes ineligible for
the position not later than the 67th day prior to the general
election, then other candidates may be placed on the ballot by
filing a declaration of candidacy pursuant to state law. The
filing fee shall be $25.00. If the only candidate nominated to the
mayoral position at the primary election dies, withdraws or becomes
ineligible for the position after the 67th day prior to the general
election, then the vacancy shall be filled pursuant to Charter
provisions concerning a vacancy in office.
rJ
`3
1
C (B) If one of the two candidates nominated to the mayoral
position at the primary election dies, withdraws or becomes
ineligible for the position then:
(1) If the remaining nominated candidate received more
than 50% of the votes cast for the mayoral position at i
the biennial primary election, then that person shall run t
unopposed at the biennial general election; or
(2) If the remaining nominated candidate failed to {
receive more than 50% of the votes cast for the mayoral
position at the biennial primary election, but there was
no third candidate for the mayoral position, then the ;
remaining nominated candidate shall run unopposed at the
biennial general election; or
:S
(3) If the remaining nominated candidate failed to
receive more than 50% of the votes cast for the mayoral
position at the biennial primary election, then the
candidate receiving the third highest number of votes
shall advance to the biennial general election with the
remaining nominated candidate. 1
1
i
i
i
i
1
i
f
aspires. His or her name shall appear on the ballot
only for such designated position. At all elections
each such office of councilor to be filled shall be
EXHIBIT "C" separately designated on the ballot by official position
number as herein provided, in addition to other matters
required by law to appear thereon. An incumbent coun-
cilor may not file for nomination for or election to any
councilor position except the one he or she presently
fills.
Each Council member shall act as a liaison to one
or more department(s) within the City. Council members
who will act as liaison to a department shall be
determined by the Mayor annually.
Section 9. Mayor.
(1) No person may be elected to the position of
Mayor unless that person receives more than fifty
percent (50%) of the votes cast for that position at the
biennial primary election. If no mayoral candidate
receives more than fifty percent (50%) of the votes
cast, the two candidates receiving the highest number of
votes cast shall participate in a run off election at
the biennial general election. The candidate receiving
the highest number of votes at that election shall be
elected Mayor.
(2) The term of the Mayor who was elected to serve
a four year term beginning in January, 1989, shall ter-
minate on March 1, 1990. A special election shall be
held in the city on March 27, 1990, for the purpose of
electing a successor mayor. If no mayoral candidate
receives more than fifty-percent of the votes cast, the
two candidates receiving the highest number of votes
cast shall participate in a run-off election on the next
available election date. The person elected as mayor,
with a term beginning in 1990, shall assume the office
of mayor at the first city council meeting subsequent to
the election, and shall serve a term continuing until
January 1992.
(3) A special election shall be held in the City
on the third Tuesday in May, 1991, and if necessary, a
run-off election on the first Tuesday after the first
Monday in November, 1991, for the purpose of electing a
mayor to serve a one-year term from January, 1992 to
January, 1993. The person elected as mayor with a term
beginning in January, 1992 shall assume the office at
the first council meeting of 1992. Regular elections
shall be held at the primary and general elections in
1992 to elect a mayor to assume office in January, 1993.
(4) The person elected as mayor with a term
beginning in January, 1993 and subsequent mayors shall
be elected for two-year terms.
C-3 (West Linn 8/90)
COUNCIL AGENDA ITEM a
CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUMMARY
AGENDA OF: Sept. 28 1993 DATE SUBMITTED:
ISSUE/AGENDA TITLE: PREVIOUS ACTION:
Main Street Property Dis osition 14.
PREPARED BY: PJR
DEPT HEAD OK CITY ADMIN OK REQUESTED BY:
ISSUE BEFOR THE COUNCIL
Future of the City's property on Main Street
w STAFF RECOMMENDATION
Staff recommends that the Council authorize staff to proceed with the sale of
the property.
INFORMATION SUMMARY
Attached please find a financial analysis and discussion of the subject, as
prepared by the Wayne Lowry, Finance Director.
PROPOSED ALTERNATIVES
1. Retain and improve building and lease at market rates
/ 2. Maintain status quo
FISCAL NOTES
Please see attached.
t
Ca-~C i3 ~ d , g .
MEMORANDUM
CITY OF TIGARD, OREGON
TO: Pat Reilly, City Administrator
FROM: Wayne Lowry, Finance Director V" I
DATE: August 24, 1993
SUBJECT: Main Street Property Disposition
The City of Tigard acquired property located at 12420 SW Main Street in 1963 from
U.S. National Bank. During the 1960s and 1970s the property was leased to an
Engineering firm and later occupied by the City. Since moving City Hall to a location
on Burnham Street, the City has leased space to the Tigard Chamber of Commerce.
An appraisal of the property was completed in May of 1993 which placed the value
of the property at $92,500. This value was substantiated in the appraisal report both
by a market comparison and a market lease rate comparison.
In owning the property, the City currently receives monthly rent from the Chamber
of $350. In addition, the City incurs certain expenses each year related to the
property as follows:
Chamber rent $4,200
Property tax 900
Insurance 500
Building maintenance 200
Total Expenses 1,600
Net income per year $2,600
The net income shown above does not include any reserves to replace depreciable
items in the future such as the roof, carpeting, or the HVAC system.
The Chamber lease agreement indicates that they are only leasing 1,050 square feet
of space for $350 per month, or $4 per square foot per year. According to the
appraisal report, the market lease rate is $5.50 per square foot. In addition, the
appraiser concluded that there are 2,825 leasable square feet in the building. This
would suggest that the building is significantly under leased given the current
arrangement.
i
The appraisal report suggests the following annual income analysis at comparable
market rates.
Gross lease income 15,480
Expenses/Reserves
Property taxes 2,130
Insurance 500
Maintenance & supplies 1,000
Reserves 720
Management 738
Vacancy/collection loss 777
Total Expenses (5,865)
Estimated Annual Net Income $9,615
The reserves cover carpeting, roofing, and HVAC systems and the management fee
is calculated at 5% of the annual lease amount. It should be noted that the City
currently uses 535 square feet of leasable space for storage of surplus equipment and
Records. The storage of surplus equipment will no longer be needed after the Auction
however, arrangements will have to be made for records storage if the current use of
the property is changed.
During my review of this property, I determined that certain improvements to the
building will be necessary if the City wishes to keep the building for an estimated
total cost of $18,350.
A review of the building was completed in June of 1992 by Asbestos Resources Inc.
They estimated that removal and/or encapsulation of suspect materials in the
Chamber building would cost $1,350.
There has also been a concern that the electrical system in the building is not up to
code and is dangerous. A bid from Frahler Electric in April of 1993 indicated that
rewiring would cost $7,000.
In addition, the ADA may require certain access improvements that will have to be
in place by 1/26/95. It is somewhat unclear exactly which improvements will be
required, however, the cost has been estimated at $10,000.
I believe the City has four alternatives at this point concerning the Main Street
property.
1. Continue current arrangement. With this alternative, the City would continue
to lease space to the Chamber of Commerce at the current rate and use
portions of the building for storage. The City would break even each year after
providing for the replacement of depreciable items in the future. In addition,
the City would have to make the required improvements estimated at $18,350.
The City currently does not have such funds earmarked in the five year plan,
but they would have to come from the General Fund.
2. Sell property as is. The appraisal suggests that the property could be sold for
$92,500. The asbestos abatement would have to be done, however, the
electrical work and ADA improvements would be done by the buyer as
necessary. The City could net an estimated $80,000 to $85,000 depending on
negotiation and closing costs.
3. Make improvements, lease at market. The City could make the necessary code
and ADA improvements with the intent of leasing the space at its market
value rather than at a subsidized rate as it is now. This option would cost the
City $18,350 in upfront improvements, but would then generate an estimated
net cash flow each year of over $7,000.
4. Use property for other public purpose. The City could terminate the lease with
the Chamber and use the property for some other public purpose. This could
include city office space, storage, a community facility, or various recreation
uses. A major drawback to this type of use is the lack of parking near the
building.
The costs associated with this alternative would depend upon the ultimate use
of the facility. The asbestos abatement and some of the ADA improvements
would most likely be required. In addition, there would be costs associated
with remodeling the interior to suit the desired public use.
The City's decision on what to do with this property is financial in nature, but is
driven by higher level policy choices. The City Council must decide its policy related
to the ownership of surplus city property. Does the Council want to be the landlord
of commercial property? Does the Council wish to keep the Chamber of Commerce
as a tenant in the building? Does the Council want to preserve this property for
future City use? Does the Council want to keep a City presence in the downtown
area through property ownership?
Policy choices such as those mentioned above may impact the alternative to be
selected. From a financial perspective, notwithstanding other considerations, the
following table depicts the financial outcomes of the four alternatives shown above.
Assumptions include activity over a 10 year period, in'RL "on at 3% per year, and
interest at 4.5% per year.
Income and expenses are projected at today's levels understanding that any increases
in expenses would be offset by increased lease rates.
#1 # 2 #3 #4
Alternative Current Sell Market Public Use
Income
Sale Proceeds 85,000
Interest 46,750
Lease Revenue 42,000 154,800 0
Total Income 42,000 131,750 154,800 0
Expenses
Property Tax 9,000 21,300 ?
Insurance 5,000 5,000
Maint & Supplies 2,000 10,000
Reserves 7,200 7,200
Management 0 7,400
Vacancy/Loss 0 7,750
Records storage 0 7,000 7,000
Total Expenses 23,200 7,000 65,650
Net Income 18,800 124,750 89,150 0
Improvement Costs 18,350 0 18,350 18,350
Net cash flow 450 124,750 70,800 (18,350)
Value of Building 114,000 0 114,000 114,000
Total Value ® 10 yrs. $114,450 1124,750 $1843800 $95,650
t
The above analysis indicates that the best financial alternative is to make the
improvements and lease the property for the market rate. This produces a positive
net cash flow of $70,800 and retains the building. The sell alternative and continuing
the current arrangement produce similiar financial results, however, the sell
alternative requires no ongoing effort or risk by the City.
Recommendation
a. If the City Council does not want to be in the position of landlord and sees no
overwhelming need to keep the property, I would recommend the sale of the
property. The process for sale is outlined in TMC 3.44 and would provide for
a public hearing, a sealed bid opening and then listing with a realtor until
sold.
3
b. If the Council does not mind the landlord situation, and city ownership of
property in the downtown area is desirable, the building should be kept, i
improved and leased at market rates.
F H:\LOGIN\ALICE\WAYNE\MAINSTR.PTY
i
Arracnmenr i
/~!v rt _ Cc
LOCAL GOVERNMENT REVIEW
Sample Resolution
Before the Board of County Commissioners/City Council
for the County/City of Cl/a l
In the Matter of APPROVAL OF )
OREGON BUSINESS DEVELOPMENT )
FUND PROJECT PROPOSAL BY ) RESOLUTION
(company) )
WHEREAS, the County Board of Commissioners/City Council finds that the development of the
(eject name nr descriRtfnn) by (name of enm~ny) (The "Project") would foster the economic growth and legisla-
tive policy as set forth in ORS 285.403, and
WHEREAS. ORS 285.413 requires, before the approval of an Oregon Business Development Fund project by the
State of Oregon, that the governing body of the appropriate local government recommend the project, and
. WHEREAS, the Board finds that the Project is permitted under the (City's/County's) acknowledged comprehensive
Plan and is consistent with all applicable adopted local economic development plans dents , and
WHEREAS, the Board finds that the completion of (the "Project") within the County/City of
would by in the best Interests of the citizens of County/City.
i IT IS HEREBY RESOLVED:
That County/City requests the Economic Development Commission and the State of Oregon
to assist In the financing of the Project within the City/County of , through the Oregon
Business Development Fund, secured by the improvements as provided by ORS 285.413.
Dated this day of , 19_ .
County Board of Commissioners/City Council
Chairman/Mayor
Commissioner/Councilor
Commissioner/Councilor
Sample Resolution supplied by:
Oregon Economic Development Department
775 Summer Street NE
Salem, Oregon 97310
(503) 373-1240
J