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City Council Packet - 10/18/1994 off <n _ Refted 10/11/94 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 tha City Administrator. Times noted are estimated: it is recommended that persons Interested in testifying be present by 7:95 p.m. to sign in on the testimony sign-in sheet. mousiness agenda ittas can be heel in any order after 7:3® 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 639-4179, ext. 309 (voice) or 634-2772 (TDD - Telecommunications Devices for the Dean. Upon request, the City will also endeavor to arrange for the following services: G 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: 639-4971, Ext. 309 (voice) or 634-2772 (TDD - Telecommunications Devices for the Deao. SEE ATTACHED AGE VDA COUNCIL AGENDA - OC'T'OBER 16, 1994 - PACE 1 :s 1121 in III 3=11 I ;s i:- ;r Ak' r TIGARD CITY COUNCIL MEETING rOCTOBER 18, 1994 AGENDA 1. STUDY MEETING (6:30 P.M.) 1.1 Call to Order - City Council 1.2 Roll Cali 1.3 Council Communications/'Liaison Reports 1.4 Call to Council and Staff for (ion-Agenda Items h 2. UPDATE. CITIZEN INVOLVEMENT TEAMS (6.30 - 7.3C p.m.) Facilitators & Community Involvement Coordinator .x . 3. UPDATE: SEPTIC TANKS IN TIGARD • Engineering Department 4. UPDATE: UTILITY UNDERGROUNDING • Engineering Department a. DISCUSSION: SPEED BUMP POLICY • Engineering Department 6. UPDATE: BONITA► ROAD CAPITAL IMPROVEMENT PROJECTS • Engineering Department 7. CONSIDERATION: PARTICIPATION IN UNFUNDED MANDATES WEEK (WEEK OF OCTOBER 24-30,1994) • Administration Department 8. UNFINISHED BUSINESS STATUS DEPORT a. Staff Report: Interim City Administrator b. Council Discussion/'Direction to Staff 9. NON-AGENDA ITEMS 10. (EXECUTIVE SESSION: The Tigard City Council may go into Executive Session under the provisions of ORS 192.660 (1) (a), (d), (e), (f) & (h) to discuss employment of public officers and employees, labor relations, real property transactions, exempt public records and current and pending litigation issues. 11. ADJOURNMENT COUNCIL AGENDA - OCTOBER 18, 1994 - PAGE 3 Council Agenda Item 3 TIGARD CITY COUNCIL MEETING MINUTES - OCTOBER 16, 1994 • Meeting was called to order at 6:30 p.m. by Mayor John Schwartz. 1. ROLL QAL. Council Present: Mayor John Schwartz; Councilors Wendi Conover Hawley, Paul Hunt, Bob Rohlf, and Ken Scheckla. Staff Present: Bill Monahan, City Administrator; Jim Coleman, Legal Counsel; Liz Newton, Community Involvement Coordinator; Catherine Wheatley, City Recorder; and Randy Wooley, City Engineer. CIT members present: Sue Carver, Ranaye Hof Than, Diane Jones, Sue Carver, JoAnne Heintz, Joel Stevens, Jerry Swank, and Craig Dirksen. City ` staff present: Karl Kaufman, Doug Greisen, Rick Rhodes, Randy Volk, Samuel Morrison, Diane Jelderks, Michael Anderson, and Duane Roberts. STUDY E SI N 2. Update - Citizen Involvement Teams Community Involvement Coordinator Newton introduced this agenda item. She distributed an agenda (on file with the Council meeting packet). Ms. Newton reviewed CIT meeting attendance from October, 1993 to October, 1994 (see Council packet for summary.) She advised that one of the CIT goals was to broaden citizen participation; 41% of the people who had attended a meeting returned to attend another meeting. She suggested a goal for a return rate 50% and 60%. Ms. Newton advised that during the summer, meeting locations were moved around because schools were closed. She distributed the Citizen Involvement Team Agreement. She described areas where there had been rewording. (A copy of the Citizen Involvement Team Agreement is on file with the Council packet material.) City Council will take action at a later meeting on w r the CIT agreement. CITY COUNCIL MEETING MINUTES - OCTOBER 18, 1994 - PAGE 1 Ms. Newton reviewed the draft of a CIT member survey questionnaire. (A copy of this draft is on file with the Council packet " material.) Councilor Rohif suggested that on questions 2, 3, and 4, another option be given which would state "Other Councilor Scheckla asked if the yard debris issue had been discussed by the CITs. Ms. Newton advised that the CITs had discussed yard debris and would discuss it again before the Council reviewed it in April. Diane Jelderks, staff member, suggested that a question be listed to have questionnaire respondents include any other topics they would like to have the CITs discuss. It was noted that the Central CIT has started to video tape their meetings. Craig Dirksen advised that the 130th/Winteriake connection had been reviewed by the CIT. (This was in regard to a proposed connection between 130th and Winteriake Drive). Mr. Dirksen noted a prepared statement wass read by each side of the issue as part of the presentation to the CIT. Under the education portion of the questionnaire, Joel Stevens advised he thought it would be difficult to rate No. 7, since there were so many different kinds of presentations. Craig Dirksen suggested that the question be changed to ask if CIT participants liked the format, and in general, how had the presentations been? (good, bad, mixed.) The next part of the questionnaire was "provide access to government." Karl Kaufman suggested on Question No. 11 that the option of "not helped" be added. Diane Jones advised that names and numbers of contact persons should be listed in order for interested individuals to be able to obtain this information. Regarding Question No. 12, Councilor Hawley suggested that an additional question be added which would state "if effective, why?" CITY COUNCIL MEETING MINUTES - OCTOBER 18, 1594 - PAGE 2 '1~ el Craig ®irksen thought (question No. 15 should be clarified to read "if your CIT has not taken any action on an issue or project, why?" Diane Jones suggested it may be a good idea to have a satisfied citizen speak to CITs on the CIT process. COs. Newton requested that comments be sent back to her on the questionnaire by November 4. She advised the questionnaire would be distributed to members in. November, with reminders to people to fill them out during December. In January, 1995, the results would be reviewed with the CITs and City Council. In response to a question by Councilor Scheckla, Ms. Newton advised that people attending the CIT meeting set the agenda for the next CIT meeting. Sometimes, the City will suggest agenda items. In response to a question by Councilor Scheckla about whether or not complaints with regard to water have been discussed at CIT meetings, Randy Volk advised water issues had been taken to the Central CIT and presented under the "educational" agenda item. It was noted that the CIT questionnaire responses will be confidential. Facilitator training date is scheduled at this time for Saturday, December 3 for new Facilitators. This will also be made available to Resource Team members. Ms. Newton advised the areas of the roles for Facilitators and the Recorder will be covered. In addition, a section of the training will be focused on how to bring closure to a meeting and how to assure follow-up. The next item discussed was "what works and what doesn't." Joel Stevens noted a concern that there may be times when one group will represent their view, and for that meeting, that group may dominate the CIT meeting with one topic. He also noted that feedback during these meetings may not necessarily represent a cross section of all the people. In response to a question from Councilor Scheckla, Riffs. Newton responded that CITs may take a vote, depending on the issue. For example, with regard to the Capital Improvement Project prioritization; votes were taken with numbers forwarded to the City. Sometimes a consensus is summarized and sometimes agenda items are for information only. CITY COUNCIL MEETING MINUTES - OCTOBER 1S, 1994 - PAGE 3 E liggil; ill 01111 Mayor Schwartz asked for Sue Carver's opinion on how the CITs are working, since she had Wso been active in the RIP®. Ms. Carver advised there are some good months and some bad months, noting that the CIT is only a year old. She noted she is not a Facilitator in her own area. She was concerned that there were not enough different people who come to the meetings. She said there are not enough new people getting involved. She advised that participation will be the key to the success of the CITs. In addition, she noted some frustration with not knowing what is going on in her neighborhood. For example, she notices a new development and does not know what it is. Ms. Carver said she would rate the success of the CITs as being at "50-50" and advised she feels they still have a long way to go. She noted, however, while some people are frustrated, others are happy with the CITs. Ms. Carver advised she was surprised to hear questions from the City Council with regard to the CIT process, which she thought the Council members should know. There was discussion on whether or not attendance by City Council members would be good. Councilor Hunt advised he didn't go because he found that when he did attend, he was "pitching" in his own opinions and the purpose was to give Tigard citizens an opportunity to talk and then give information to the City Council. Mayor Schwartz advised that Council discussed a liaison role between CITs and City Council, but decided against having a Council member attend to avoid personal bias. The decision was made to have staff attend; however, Council members were not necessarily discouraged from attending. Sue Carver advised it might be a good idea for the City Council to visit CITs once a year to introduce themselves. Joel Stevens noted there is some concern as to whether or not information gathered by the CITs is getting back to the City Council. JoAnne Heintz advised it was her understanding that the Resource Teams would be utilized to bring back information. There was discussion on the purpose of the CITs, which was to broaden the scope of citizen involvement. Mayor Schwartz noted there was more participation by a few more citizens, and that it was frustrating to constantly hear that there was no citizen involvement. CITY COUNCIL MEETING MINUTES - OCTOBER 18, 1994 - PAGE 4 11211111 NED IN efh ' There was discussion on setting agendas, noting that many of the agenda items are set by the City. It was also noted that at the n beginning, many CITs listed a series of agenda items. Mayor Schwartz suggested it may be a good idea to have a goal setting session for the CITs, which are renewed on a yearly basis after the Facilitator training. There was some concern that issues are covered and then a different group of people attend and want the same issues to be covered again. Ms. Newton noted there would be some focus during the Facilitator training on how to deal with groups of people who wish to "vent" on issues. There was discussion on minute taking and record of the meeting. Mr. Stevens suggested that it would give better continuity for those people who do not attend all the time to be able to look at meeting minutes. This is an issue that will be discussed during the training session. Other comments from Facilitators and Council members were as follows: • Too many agenda items are a problem; agendas are set up to three months in advance. • What is being accomplished? Some people may feel this is a good way to get educated, but did not return because they were not accomplishing anything. • Concern with the communication between City Council and CITs. There was a suggestion by Mayor Schwartz a once-a- month CIT review be placed on the City Council agenda. • There is a video tape program in progress which will be aired on cable television concerning the Citizen Involvement Teams. Ms. Newton summarized the areas to work on in the CIT process as follows: • Participation • Closure on issues brought up by the CITs, to alleviate frustrations. • Work on communication between CITs and City Council. • Meet again with Council in January to go over survey results. • Training issues to be addressed in December. • Change to the City Council for the CIT issues review. CITY COUNCIL MEETING MINUTES - OCTOBER 18, 1994 - PAGE 5 Meeting recessed at 7:34 p.m. Meeting reconvened at 7:40 p.m. 3. Update - Septic Tanks in Tigard City Engineer Wooley reviewed the memorandum contained in the Council packet pertaining to septic systems. A septic sewerage system is not allowed for any new building that is within 300 feet of an existing public sanitary sewer line. This distance is established by State, USA, and City regulations. At the meeting of July 26, 1594, the City Council discussed whether City ordinances should be more restrictive, perhaps increasing the distance to 500 feet. Council asked staff to provide additional information on the scope of the problem and the potential impacts of increasing the distance requirement. City Engineer Wooley advised their research indicated that a new ordinance may not be necessary because of ®EQ regulations which expands the 300-foot restriction for new subdivisions. The regulation sets a limit that varies from 400 feet for two-lot subdivisions, up to 1,000 feet for five-lot subdivisions. Larger subdivisions are to be decided on a case-by-case basis. Nearly all undeveloped areas of Tigard are now within 1,000 feet of sewer lines, so it appears unlikely that new subdivisions could now be developed without extending the sewer system. In general, the requirements for a septic system permit can no longer be met on lots smaller than 20,000 square feet. New subdivisions in Tigard these days generally have lots in the range from 5,000 to 10,000 square feet. These subdivisions must extend the sewer system in order to develop. The areas that are zoned for larger lots appear to be already developed or are adjacent to an existing sewer system. Under the current market, there appears to be no interest in development of subdivisions without sanitary sewers. The increase in infill development in the last two or three years has resulted in a number of sewer line extensions. These extensions have greatly reduced the areas without sewer availability. City Engineer Wooley reviewed a map showing the areas without sewer service. CITY COUNCIL MEETING MINUTES - OCTOBER 16, 1994 - PACE 6 Elm City Engineer Wooley advised he concluded the potential for substantial new development on septic systems is gone. We may still see an occasional request for a septic system for a new single- family home in an existing large lot, but even these requests are becoming rare. Where homes are older than twenty years, there are some problems with septic systems. Typically, the property owner with a failed system would prefer to connect to a sewer line rather than pay for a new septic system. However, the cost for. extending the sewer line is high, especially if other property owners are not prepared to share the cost. Because these areas typically have large lots, the cost per lot for sewer construction is generally higher than in new subdivisions. City Engineer Wooley advised that Council may want to consider the use of City funds to extend sewer lines into these developed areas. Reimbursement districts could be formed to recover the City cost of properties that are connected to new lines. The sanitary sewer CIP includes $872,000 of unrestricted funds that could be used for this purpose. These funds have been held in reserve until USA completes an area-wide update of the sewer master plan identifying the lines. One-half of the upgrades will be needed to accommodate development. The USA master plan is due to be completed this month, and once the USA plan is completed, the City staff will be better able to recommend the specific uses of the reserve fund. There was discussion on whether the City had any idea of how many people were wanting to connect to sewers. City Engineer Wooley advised that some calls do come into the City and many times the callers go to the County for repair information on their septic systems. There was discussion on perhaps asking a question in the Cityscape which would solicit input from citizens who may be wanting to connect to sewer. City Engineer Wooley advised that USA is planning $2 to $4 million in capacity upgrades, and it is not known at the present time how much will be the City°s responsibility. There may be the possibility of using the $872,000 to connect properties to new sewer lines, establish LI®s, or form a reimbursement district. It was noted that one of the sources for capital improvement projects is from development fees; however, it is expected that these fees will diminish in the coming years. In addition, a maintenance fee is received which is set aside for maintenances and treatment, with a small amount designated for capital improvement projects. City Engineer Wooley noted that more dollars will be needed for maintenance and treatment, so capital improvement project money will diminish. CITY COUNCIL MEETING MINUTES - OCTOBER 18, 1994 - PAGE 7 llil;iii X Elm; MEN= 16 [1 son= After it is known what the cost will be from USA, it was suggested that staff come back to Council with options to consider. In response to Mr. Jack Polans, the USA master plan will be available at the end of the year. There was discussion of utilizing the reimbursement district provisions for annexations of the island areas; specifically the Walnut Island area was discussed. 4. Utility Undergrounding City Engineer Wooley reviewed the staff report (summarized in his memorandum dated October 7, 1994 as contained in the Council packet material.) He noted that in times in the past, if the power lines were not located on the side of the street where development was occurring, that development did not have to pay. In addition, he noted that infill was not practical for short frontage to underground the utilities on a piece-by-piece basis. This also caused problems for PGE. The "fee in lieu" method was developed to set aside funds for a later time when more line could be undergrounded at once. To develop the cost for 'lee in lieu," it was assumed that each side would pay one-half the cost of undergrounding the utility line along the frontage. City Engineer Wooley advised that a request was received from Mr. James R. Nicoli, P.E., to reconsider the requirement for relocating utilities underground. In this letter of July 14, 1994, (copy of said letter is on file with the Council packet material) Mr. Nlicoli said, " I would ask that the Council reconsider only that portion of their existing policy that pertains to existing streets and development. I do not feel that on new development this requirement places an unreasonable demand." City Engineer Wooley described the collection process from March, 1992 through December, 1994. He noted that $71,922.38 had been collected as fees-in-lieu of undergrounding. For accounting purposes, the City has been divided into six districts to keep track of where the fees are collected. The fees collected range from zero in District 5, the Bull Mountain area, to $43,261.88 in District 3, which is the area south of Highway 217, east of Hall Blvd. It was estimated that for a short project, approximately $108,090 would be needed to fund an underground utility line. Mayor Schwartz noted the problem of tracking the fees collected and places for potential development. He noted the City cannot charge CITY COUNCIL MEETING MIIl urES - OCTOBER 18, 1994 - PACE 8 11011151111`1 ''IngI1111p; 1!! IIIIIa people who have not changed land use. How would it be determined as to what alteration would trigger the requirement that people would pay their share of the undergrounding? City Engineer Wooley agreed that issues such as the ones the Mayor raised would need to be resolved. There was discussion on other problems, such as funding and safety issues. In response to questions from Councilor Scheckla, Mr. Nicoli advised his concerns with regard to safety for underground utilities stemmed from the proMam with people digging where they do not realize they have easements that have underground utility lines. It i was noted that utility companies will come out and located the lines. Mr. Nicoli then described the experience that his client, Tigard Vision Center, had with building their new center on Burnham Street. He noted it took two to three years to get through the "government red tape." Initially problems arose with an underground gas tank which took about a year to resolve. Council members noted the underground tank was not a Tigard issue to resolve. In addition, there was difficulties with storm drains including grade problems and stub-out alignment. in addition, at one time, it appeared that the City was going to require the Tigard Vision Center to put underground lines on both sides of the street. Mr. Nicoli pointed out that the City has a downtown area it would like to see developed. He questioned whether undergrounding all the overhead lines in this area was really necessary. He said he had no problems with requiring underground utilities in new subdivisions. The problem with the downtown, he advised, was the infrastructure has been "destroyed." Councilor Scheckla advised that he did not think everyone would find that they have a gas tank buried on their property. He said he thought that underground utilities would be the way to go over time. Mr. Nicoli advised that a good portion of the downtown area is contaminated as the result of a fertilizer plant that had once been sited there. In response to a question from Councilor Scheckla, Mr. Nicoll advised that this information is on record at DEG. Mr. Nicoli also advised that an individual cannot obtain a loan on property until one can prove that it is a clean site (exception is sometimes granted for single-family residential property). CITY COUNCIL MEETING MINUTES - OCTOBER 18,19-94 - PAGE 9 e5; s uw: Mr. Nicoli advised that the City needs to offer incentives for people to come to the area. He said his client paid $4,000 and it could be 10 to 20 years before the undergrounding of the lines would occur. Councilor Hawley noted concerns; the vision of the downtown area does include undergrounding of utilities. Mr. Nicoll outlined other options available under State law; for example, one option would be to charge every electrical service user in the City of Tigard a monthly fee. If Council thinks that undergrounding is the way to go, then he suggested putting together a program instead of going to one property owner at a time. He referred to the success of the City of Beaverton's program. Discussion continued. Following are some of the highlights of the discussion: - A building permit is not issued until undergrounding fees (in lieu) are paid. - The size of the utility line does not affect the fee; the fee is based on feet of frontage. - Legal Counsel confirmed that it is possible to bill PGE customers a fee for an undergrounding of utilities program. - Discussion of who should pay for the burden of undergrounding the utilities. - Undergrounding of all utilities will take time. - Discussion of which was safer overhead or underground utilities. Overhead may be more susceptible to power outages due to weather problems. There are safety issues vAth people digging and hitting undergrounded utilities. - At times property is developed and the frontage is too short of a distance to practically require undergrounding of the utilities which is why the fee-in-lieu is charged. in the case of the Tigard Vision Clinic, actual costs of und~p~~e~rrg~ rounding would be $7,000; the fee-in-lieu charged was $4,000. Discussed possibility of requiring the utilities to assist with undergrounding. Legal Counsel Coleman advised this was tried unsuccessfully in the City of Beaverton. " - Discussed possibility of legislative options to have utility companies assist toward undergrounding efforts. ` CITY COUNCIL MEETING MINUTES - OCTOBER 18, 1994 - PAGE 10 21 11 1 Will WIN ILM Y~1a Councilor Hunt suggested dropping the fee-in-lieu of undergrounding citing the small amount of money collected to date. Councilor Rohlf also noted that the objective of undergrounding of utilities may never be met if the City continues with what it is doing now. Mr. Nicoli noted that portions of the older City infrastructure is poor; i.e., streets, storm drainage. He questioned whether the City could live with a little less beauty and make it more economically feasible to get people to come in and locate in the older areas. Mr. Nicoli advised he had no problems with requiring undergrounding in new residential areas. Council discussed what to do next. Discussion included sorting out of issues; consider partnership options for payment of undergrounding; consider exempting certain areas of the City. An inventory of where undergrounding has taken place and where there may be opportunity to connect several small pieces will be completed. 5. Speed Sump Policy City Engineer Wooley reviewed the staff report. He described new designs of a speed hump or pavement undulations which have been used in various jurisdictions over the last decade. These new speed bump designs have been developed and tested that reduce safety and liability concerns. Mayor Schwartz reported that he was shown speed humps being used in Clark County. They have been successful in cutting down speed and traffic violations. He noted that a series of white lines are painted before and after each speed hump. Council consensus was to test speed humps in a few locations. Suggestions included S.W. Forth Dakota Street, 121st Street, and Watkins Avenue. City Engineer advised it would be spring before anything could be implemented. In addition, he would need to review locations and check national guidelines (i.e., grades). Potential locations would be recommended. CITY COUNCIL MEETING MINUTES - OCTOBER 1S, 1994 - PAGE 11 11 i 15 111 - r 6. Bonita Road Capital Improvement Projects. City Engineer reviewed this agenda item. (See Council packet for memorandum detailing this agenda item.) There was discussion on the railroad crossing. The City pays for the work which is done by the railroad at crossings. 7. Unfunded Mandates Council consensus, after brief discussion was to participate in Unfunded Mandates Week by sending a letter to Congress representatives and passing a special resolution (October 25, 1994). 8. Unfinished Business Status Report Interim City Administrator Monahan and Council discussed the report. There was concern about the overall policy for mowing in the right-of-way. Further discussion on this policy was suggested as well as review of cost information. Interim City Administrator reviewed the utility billings transition. He reported that there had been additional training of personnel to respond to telephone inquiries from a customer service orientation. In addition, information sent out with billings would be improved. Councilor Hunt made a suggestion to match codes on the same side of the bill statement. There was discussion on how to make the codes easier to read. Councilor Rohff requested tracking of data to provide additional information; i.e., is more water being shut off? Legal Counsel Coleman reported that he met with Community Development Staff regarding short- and long-term components related to the Dolan case. Interim City Administrator reported on the School Facility Plan meeting held recently. The cities, Washington County and the School District feel that they can work together. Information will be coming back by the end of the fiscal year. Water issues Interim City Administrator Monahan reported that a proposal from Lake Oswego had been received last Friday. A meeting with Lake Oswego staff is scheduled for Thursday. CITY COUNCIL MEETING MINUTES - OCTOBER 18, 1994 - PAGE 12 Q'imi , 11, 01 There may be an option to explore long-term water supply with the City of Wilsonville. Council received a copy of a memorandum from Ed Wegner to Bill Monahan (dated October 18, 1994), concerning a "Water Problem - Bull Mountain Meadows 3 & 4). The developer has been put on notice that is the developer's responsibility. Councilor Hawley referred to a letter received from Mr. and Mrs. Finck in the last Council mailing. In the future she requested information or correspondence to assist Council should they be asked to respond. Council consensus was that it would be acceptable for the Mayor to sign a letter requested from the Fire District for the "Learn not to bum" program. 9. EXECUTIVE SESSION: The Tigard City Council went into Executive Session at 9:46 p.m. under the provisions of ORS 192.660 (1) (a), (d), (e), (f) & (h) to discuss employment of public officers and employees, labor relations, real property transactions, exempt public records and current and pending litigation issues. 10. ADJOURNMENT: 10:32 p.m. Catherine Wheatley, City Recor r Attest: I+ or, City of Tigard Date: o=1098.94 CITY COUNCIL MEETING MINUTES - OCTOBER 18, 1994 - PAGE 13 I Bill a 1101110, rli` e 4, COMMUNITY NEWSPAPERS, INC. t.®gaI P.O. BOX 370 PHONE (503) 684-0360 Notice TT 80 24 BEAVERTON. OREGON 97075 k E C E I V E D Legal Notice Advertising oc1- :19 1994 4City of Tigard ® ❑ Tearsheet Notice CITY OF i1GARD 13125 SW Hall Blvd. oTigard,Oregon 97223 0 ❑ Duplicate Affidavit s ® The fglioyt~n ara ut ig g, &s pptirtlfslt yaztac j6f~rm Pell 'WA a~erdas maybe obt~itted:>~'i €Eta~ City ~~>a'~i+~, I~aSt Bastevard, Tigai i; Obi osi 97223 or.-16" catIing'63941,71-;, TIARDCrfY C®T,3IdCiL R s III G AFFIDAVIT OF PUBLICATION OCTOBER i8;'199~3 ".Tf~sl CTTY kIALL.,- TO 1~..L. , STATE OF OREGON, ) 13125;S.W.:HAL;LBOULEV.ARB, TIG.AR3.,OREGON.'. COUNTY OF WASHINGTON, )ss' I, Kathy Snyder S°TUDY`J%ME"FLTMd(3 P:K being first duly sworn, depose and sax that I am the Advertising qc; then Irivalyeii ent TM--u; (C IT ) Director, or his principal clerk, of thdl _9Ard-TuaI a -f n T, mes 3 tla Se Tai m a newspaper of general circulation as defined in ORS 193.010 Sg~edf>inpolielr a and 193.020; ublished at Tigard in the r P ,g 1te B ~iita Road Cagit~l Imgprravement pr6*, i aforesaid county and state; that the ® tonsidezatioa` cipatioii in I3n..tunded Mandates Week City Council Meeting Oetol~r24 3t1, I994)a printed copy of which is hereto annexed, was published in the $ Crnl~iiltshed Bu mess Sou ,-Re a J entire issue of said newspaper for ONE successive and L 4 r;.eciwve Session: lire Tigard, City Cauncii May go into medud consecutive in the following issues: _ Sasian under the provisions of OFtS 192,660 (T) (a~, (d~, (e), October. 13 ,19 9 4 Sla)to discuss nlo; inenG vl puaiic efTic er; and eir;ployees. labor _ relations; real property tsctians excrnnt geblic fiords a11tsP otir-`: resit and pending littgsbuti issues. . 17$024. Publish October 13,1094.; Subscribed and sworn t b fore me this 13th day of Octo} C~r!CIAL SEAL R%E?N! A. BURGESS N011A ?Y F!;'3! IC - OREGON C01'M: iiSc;0N NO. 024552 w Notary P is for Oregon MY EXP!RES M" 16.1997 My Commission Expires: AFFIDAVIT- - wil 111. a . CITY OF TIGARD OREGON CIT FACILITATOR - CITY COUNCIL MEETING October 18, 1994 AGENDA 6:30 Welcome Self Introductions Purpose 6a40 Follow-Up from May 18, 1994 Meeting CIT Meeting Attendance Agreements Survey Questions 7:10 Facilitator Training 7:15 Bow's It Going - What Works, What Doesn't ? 7:30 Adjourn 'i3125 SW Hall Blvd., Tigard, OR 97223 (503) 639-4171 TDD (503) 684-2712 y o , Rc v, ?A4 o -D F, C-IT 0 ~rCa ccg-- Zian 414 -C, t r _ ,Ja /7 4. ploNb+ cc v/VC ging, NONNI JIM: NSA ENO= a no= !.=I a :The a9 ends top;1cs and time frames wiil ) C?tl ?u comvgiittee5 - be reviewed At the beglnning .of. each ZEN E ach CIT may establish subcommittees to re- . meeting to ensure that All items-can be_ bearch and report on issues or topics, the . covered in the'time frames allocated . ~ members regard as ofinterest or importance. _ 56bcommitfeee may identify and research is- n Agendas, will provide'`time far an- ' -suss and report back to the full CIT member nouncements;that. members -wish to shI : The rub„ommittees may, research and p mate on itemethat maybe of Interest to, dovetor`strategies to address`concers and . other members. The person wishing Co preffent their.findings to the foil CIT. The su' = " . make the. announcemen should notify committees shall not.act as a hearings body, the Facilitator before, the meeting starts but may monitor land use activity.- h®st meet- 6 time can be allocated. I1* betss%een interested parties, and provide input to hearings bodies. CIT subcommittees a Each agenda will include; time for mom- . may suggest projects to pursue to the full CIT membership. If the full CIT membership elects bars to ask questions or raise concerns . PURPOSE: not to. pursue a project, the subcommittee _ about ANY topic. Depending on time avallable, time limits ma be set on Indi- The Citizen involvement teams (CiTs) serve as ':may proceed on its' own but shall report on the y status of the project at each CIT meeting. vidual speakers. Members interested in broad based organized forums for the ldentlfd- cation of the publids concerns and values. speaking during this time should sign on The subcommittees are not required to hold the sheet provided so the Facilitator can regular meetings. The city will, provide informa- MAT ARE CI TO allocate adequate time. tlon -and resources for subcommittee meet- CITs are grassroots, neighborhood groups cc- ings provided a majority of subcommittee a Each agenda will include an opportunity tabiished to: members will be in attendance and other inter- for members to suggesttopics forfuture a Educate citizens on issues and rocsss, csted parties are welcome to attend. agendas. Preference will be given to those p and create better access to the decl- topic, of interest to the highest number slon-making process. Me'etin Procedure 9 of participants. A Members will res ectths role of the Facilitator a Encourage citizens to.address neighbor` 13 -Meetingswillstartpromptlyat7:00p.m. p and and promptly at 9:00 p.m., unless a and will speak only after being recognized by hood problems, Identify issues of con- later adjournment is agreed to by a ma- the Facilitator. Members will respect others corn, and commvnicate issues to rights to speak and not interrupt. The Facili- decision makers. jority of members present. tator shall remain neutral on all topics while facilitatingthe meeting. The Facilitator shall a Provide a platform for citizens and the Q Time limits will be sal; for each agenda 'N= item and will ,be enforced by the make every attempt to-allow allinattendanca tools to ensure action onissues. Facilitator. to participate. After the agenda has been . reviewed and set at the beginning of the meek NOW DO E CMMORKI a Time limits may be enforced on individual ing, the Facilitator can modify it only if agreed participants, if the Facilitator deter- to by a majority of the members. Merriberohip mines it's necessary to accommodate all of those wishing to speak. i CIT meetings shall be open to all Interested l 11c lons"? can Gx persons. Anyone in attendance shall beallowed Helder _171, NMI Oil mom= t® participate in`dlscussions and be given an F~GI~lt~t0i"~a set an: 1t, by the facilitator. Members `;opportunity to ask questions or raise issues. - and visitors shall recognize the facilitator's krt as allowed on the agenda. Each Cif .has three trained, Facllti store: The function At _the and-° of each meeting the , members shall reach consensus on the agenda - Facilitators are responsibieforfacilitatingthe` 'i laiembers are those participant :who can vote meetings, the Meeting records scheduling and topics for the next` month a meeting.: `and request Items be placed on the agenda setting meetings- with input from the mom= bers. Facilitators also serve as contacts with ®t~~ y~ Members are defined. as follows: City Departments and other CITs When iacill- o Any resident of.the CIT area. tating a meeting; the Facilitator shall remain ' As. much as practical, the CETs , 5hatl : make ' eauthoryty decisons consensus: If the' membership de 1Zesiderrtsofar~eCiTareathatchaoseto neutral Members shallrecognl7.eth i by be a member of _a ClT arm in which-they of the Facilitator to set time limits, recognize rides a vote is°necessary.to decide an issue; speakers, and keep order.: Facilitators-may the meal Facilitator... shall conductthl are not a resident. In this case, the indi- ` rotate duties.as they wish. Ony members wh®were present during discus- vidUal may NOT be a member of the CIT in sign of the ltom may vote. Members must be which they are a resident but mayattend Facilitators 'shall be selecr.,ed by the CIT mom- present to vote. If the vote is not unanimous, and participate in those meetings.asa bere, to, Facilitator positions at the October `ALLminority positlon(s)shall also berecorded visitor. ClT meeting of each year. When selecting Fa- and presented with the majority. position. cilitators, members shall give preference to tt : Each business in a CIT area shall be, al- members of their CIT but Facilitators need not A ,H eq . lowed one representative at each meet- be membere of the CiT in which they facilitate. ins to serve as a member. Other, Terms shall *ba for two years and shall be Majoragendatopics shall besetbyconsensus . staggered. so that at least one Facilitator of the members at the and of each meeting for Individuals representing the business term expires.each October. There shall be no . the next meetin Time shall also be allocated may attend as visitors. g . linito the number of terms a Facilitator can for subcommittee reports, if. appropriate, and 0 , Nonresident property owners shall be al- serve. Facilitators MUST complete city paid for members to ask questions or raise issues lowed one representative at each meet- Facilitator training within three months of _ on topics not related to the main agenda. At ins to serve as a member. Other election' thebeginmingofeach meeting,theagendashall individuals representing the property be reviewed and may be modified if agreed to may attend as visitors. i~l8eirlg5 by majority consensus of members present. Agenda highlights for each CIT shall be mailed Members and visitors shall sign in on the Monthly meetings of each CIT shall be held at to all postal patrons in each CIT every month sheets provided when attending meetings. aregulartimeandplace setbytheFacilitators and published in the Tigard Times. Agendas Members and visitors shall also wear name with input from the members. Topics for the shall be mailed at least 5 days in advance of tags provided to assist the Facilitators when meetings shall be determined by the members. each CIT meeting to everyone listed on the recognizing rnembers and visitors to speak. The Facilitators shall be responsible for notifi- attendance roster. Members and visitors shall follow the round cation to the city-.so that agendas can be rules established the membership and ad- prepared and arrangements can be made for p speakers and presentations. ministered by the meeting Facilitator. Mem- bers and visitors shall recognize the role of the Time shall be allowed at each CIT meeting for Facilitator to conduct the meeting In an ors subcommittee- reports. If appropriate, and for duly manner. members to ask questions or raise issues of . concern or interest. In order to accommodate ~L agenda topics, time limits on speakers may be a 11 iii gill CIT MEETING ATTENDANCE October 193 to October 194 Central 93 41 445 East 102 42 41% South 75 37 49% West 177 53 30% 447 173 41% i attendnc.cit ~y . t Council Agenda Item T I A R _P -I I T Y C O U N C I L FETING MINUTES JUNE 21, 1994 Meeting was called to order at 6:32 p.m. by council President Hunt. 1. ROLL CALL Council Present: Council President Paul Hunt; Councilors Wendi Conover Hawley, Bob Rohlf, and Ken Scheckla. Staff Present: Patrick Reilly, City Administrator; Dick Bewersdorff, Senior Planner; Liz Newton, Community Involvement Coordinator; Tim Ramis, Legal Counsel; Catherine Wheatley, City Recorder; and Randy Wooley, City Engineer. S-=Y MEETING :Z>2. JOINT COCTNCIL/C1:91ZEN INVOLIM ENT TEAM ( C IT ) FACILITATORS MEETING= STATUS REPORT ON CIT PROCESS Present: CIT Facilitators Central JoAnne Heintz Gerald Swank East Michael Brewin Ruth Mills Joel Stevens South Bill Mitchell West Craig Dirksen Resource Team Members: John Acker (Community Development), Michael Anderson (Engineering), Rick Rhodes (Police Department), Will D'Andrea (Community Development), Diane Jelderks (Engineering), Kelley Jennings (Police Department), Karl Kaufman (Police Department), Mike Mills (Engineering). CIT Resource Team Members from the Police, Community Development and Engineering Departments along with the CIT Facilitators attended the Council meeting. Community Involvement Coordinator Liz Newton led the discussion. The CIT's are doing very well. They are beginning to evolve from education and fact finding groups into action-oriented groups looking at specific issues and developing data for the Council to review. CITY COUNCIL MEETING MINUTES JUNE 21, 1994 - PAGE 1 Nam BEEN= C-. • 1 In response to suggestions received at the aanuary 18, 1994, Council meeting, the following action was taken: • CIT Recorders take notes on flip charts. These notes are typed up and made available to members. .0 cityscape to be used extensively in keeping citizens informed of CIT issues. • Schedule agenda time at CIT meetings for follow-up and review from previous meeting. • Council is receiving a summary, in their weekly newsletter, of what occurred the previous week at the CIT meetings. • Subcommittees will be coordinated among the CIT ° s by Community Involvement Coordinator. Some issues may lend themselves to formation of a Task Force. (Note: For additional information on follow-up from the January 18, 1994 Council meeting, please see Council meeting packet material for Agenda Item No. 2.) Ms. Newton is working on developing methods to measure success. Suggestions included keeping track of attendance and surveying participants soliciting their opinion as to how well they think the process is working. A facilitator from each of the CIT areas then summarized the activity in their group: ` Central CIT - School issues - Park and Watkins Street Concerns Education on zoning changes East CIT - Triangle Plan Activity South CIT - Planning Process Streets - as development occurs Triad (zoning and density requirements) Pedestrian Improvements West CIT - Education on City processes (Note: About half who attend meetings do not live within the City limits.) Annexation Transportation 130th Street Extension CITY COUNCIL MEETING MINUTES - JUNE 21, 1994 - PAGE 2 .n, t Pis. Newton facilitated a brief conversation about the CIT agreements. Suggestions included the need to stagger CIT facilitator.' terms of service and continued annual CIT Facilitator and Resource Team member training sessions. One suggestion was that the proposal that one of the CIT facilitator team members be from outside the area could be deleted since this provision has not been needed. Consensus of the Council: The CIT effort has been appreciated. Council is pleased with the progress and results so far. Council stressed that they are receptive to input from the CITs on any problems or ideas about City issues. Summary of goals and objectives of the CIT program: . Broaden participation • Educate • Provide access to government • Communicate to Council what citizens are saying; what is wanted in the community • Assure activity ("something happens") on issues • Provide a platform for individuals who have a problem/concern/issue Ms. Newton advised the CIT facilitators, Resource Teams, and Council will meet again in October council meeting recessed: 7:10 p.m. Council meeting reconvened: 7:440 p.m. 3. JOINT COUNCILZPLA.NNING COMMISSION MEETING 3.1 Citizen Task Forces Presentations (Senior Planner Carol Landsman) • Planning Commissioners Present: Carolyn DeFrang, Brian Moore, Joe Schweitz, Nick Wilson. Committee Members Present: Natural Resources: Cece Dispenza, Carol Krager, Carole Krieger, Irene Mills, Amy Patton, Doug Smithey. Transportation: Mark F. Mahon, Brian Martin, Kenneth Steele. Council heard excellent presentations from the two Citizen Policy Groups on Natural Resources and Transportation. (See Council packet information for a summary of the groups' findings and recommendations - Agenda Item 3.1.) CITY COUNCIL MEETING MINUTES - JUNE 21, 1994 - PAGE 3 Emil, JD. is4 j CT F d tk M . CIT DER SURVEY QUESTIONS Broaden participation 1. How many CIT meetings have you attended? 1 2 or 3 3- 6 I attend regularly 2. Why do you choose to attend CIT meetings? Good source of information to get involved Specific topics to meet my neighbors 3. Why do you choose NOT to attend CIT meetings? Topics not of interest schedule conflicts Not productive Childcare 4. For what reason(s) would you attend more CIT meetings? Different topics Childcare available Different meeting format 5. What do you like about the CIT meetings? 6. What things could we do to improve CIT meetings? Education 7. Over the past year, CIT members have heard presentations on transportation issues, natural resources policies, neighborhood watch, and the tax base proposal to name a few. These presentations were designed to provide information. How would you rate them overall? Excellent Good Fair Poor Which presentation(s) were most helpful to you? Why? 9. Which presentation(s) were least helpful to you? Why? OVER; Hill 10. Ghat topics would you like to see presented as education or information at future CIT meetings? Provide access to government 11. one of the purposes of the CIT is to provide better access to government and decision makers. How has the CIT program helped you access government and/or decision makers? Provided information on how process works CIT position presented to Council (or other decision maker) Council requested CIT input on Communication to Council on what the community wants 12. How effective do you feel the CIT program is at communicating citizens issues and/or, concerns to the city council or decision makers? very effective somewhat effective not effective 13. If not effective, Why? Asstme activity, that something happens on issues 14. Has your CIT taken action on a project or issue? What were the results? 15. If not, what do you think the reason is? 16. What project or issue would you like to see your CIT take action on? Provide a platform for individuals who have a problem/concern/issue 17. Have you attended a CIT meeting to get information or express concern on a problem that interested you personally? 18. If yes, were you satisfied with the response? If not satisfied, why not? g. AGENDA ITEM # 3 FOR AGENDA OF4~ MEMORANDUM CITY OF TIGARD, OREGON TO: Bill Monahan, City Administrator FROM: Randy Wooley, City EngineerG2 DATE: October 4, 1994 SUBJECT: Septic systems In general, a septic sewerage system is not allowed for any new building that is within 300 feet of an existing public sanitary sewer line. This distance is established by State, USA, and City regulations. At the meeting of July 26, 1994, the Council discussed whether City ordinances should be more restrictive, perhaps increasing the distance to 500 feet. Council asked staff to provide additional information on the scope of the problem and the potential impacts of increasing the distance requirement. Our research indicates that a new ordinance may not be necessary for the following reasons: 1. We have uncovered a DEQ regulation (OAR 340-71-160) which expands the 300-foot restriction for new subdivisions. The regulation sets a limit that varies from 400 feet for two-lot subdivisions up to 1,000 feet for 5-lot subdivisions. Larger subdivisions are to be decided on a case-by-case basis. Nearly all undeveloped areas of Tigard are now within 1,000 feet of a sewer line. So, it appears unlikely that new subdivisions could now be developed without extending the sewer system. We have made all Engineering staff aware of the State regulation. To provide extra assurance, we can reference the State regulation in the next update of the City design standards. 2. In general, the requirements for a septic system permit can no longer be met on lots smaller than 20,000 square feet. New subdivisions in Tigard these days generally have lots in the range of 5,000 to 10,000 square feet. These subdivisions must extend the sewer system in order to develop. The areas that are zoned for larger lots appear all to be already developed or adjacent to an existing sewer system. Under the current market, there appears to be no interest in development of subdivisions without sanitary sewer. 3. The increase in infill development in the last two or three years has resulted in a number of sewer line extensions. These extensions have greatly reduced the areas without sewer availability.. At the October 18th Council meeting, we will have a map showing the areas without sewer service. So, I conclude that the potential for substantial new development on septic systems is gone. We may still see an occasional request for septic system for a new single-family home on an existing large lot, but even these requests are becoming rare. A greater problem now is the developed areas of older homes on larger lots. Where the homes are older than 20 years, it is common for some lots to have problems with the septic systems. Typically, the property owner with a failed system would prefer to connect to a sewer line rather than pay for a new septic system. However, the cost for extending the sewer line is high, especially if other property owners are not prepared to share the cost. Because these areas typically have large lots, the cost per lot for sewer construction is generally higher than in new subdivisions. The Council may want to consider the use of City funds to extend sewer lines into these developed areas. Reimbursement districts could be formed to recover the City costs as properties are connected to the new. lines. The sanitary sewer CIP includes $872,000 in unrestricted funds that could be used for this purpose. These funds have been held in reserve until USA completes an areawide update of the sewer master plan identifying the lines where capacity upgrades will be needed to accommodate development. The USA master plan is due to be completed this month. Once the USA plan is completed, we will be better able to recommend the specific uses of the reserve fund. rw/septic AGENDA ITEM y FOR AGENDA OF 101 IX iA q MEMORANDUM CITY OF TIGARD, OREGON TO: Bill Monahan, City Administrator, FROM: Randy Wooley, City Engineer XV4-gy DATE: October 7, 1994 SUBJECT: Utility Undergrounding- Section 18.164.120'of the Community Development Code-requires new development to place all utilities underground. This has been interpreted to include existing utilities along the frontage of the development. If a project has only a short frontage on a public street, it is sometimes not practical to place the utilities underground on only the project frontage. Since March of 1992, the City has accepted the payment of fees in lieu of undergrounding for certain projects with short frontage. Currently, the undergrounding requirement applies only to those developments with power and telephone lines on their side of the street. At the meeting of July 19, 1994, the Council discussed whether the fee should be required of all developments. There was a proposal to charge the fee on all developments, with a credit for those that actually complete the undergrounding. The Council also received an alternative request to eliminate the undergrounding requirement except for new streets. After discussion, the Council asked for more information on three questions: 1. How much has been collected to date as fees in lieu of undergrounding? 2. Are the fees generating enough revenue to potentially fund some projects? 3. How much more would be collected if, the fees were charged to all development (i.e., to both sides of the street)? How much collected? From March 1992 through September 1994, $71,922.38 has been collected as fees in lieu of undergrounding. For accounting purposes, the City has been divided into six districts to keep track of where the fees are collected. The fees collected by district range from zero in District 5 (the Bull Mountain area) to =1 NONE=, 11~ al $43,261.88 in District 3 (the area south of Highway 217 and east of Hall. Boulevard) . Potential for prolects? In most areas, we would probably need about $100,000 to fund a practical undergrounding project. So, the fund balances are not yet sufficient to fund an, independent project in any of the accounting districts. There may be other potential uses of the funds in conjunction with development that is required to underground. The funds could be used to extend a developer's undergrounding project or to provide a credit to a development that provided more than its share of undergrounding. At least three of the districts have sufficient funds to explore this option, if desired. If fee collected from all development? If the fees are collected from all development, we estimate that the revenue will be increased by approximately 750. Questions Additional Council discussion and direction will be required before the appropriate ordinances can be prepared. The questions before the Council are: 1. Should the City continue to require undergrounding of existing overhead utilities along the frontage of each new development? 2. If so, should the City continue to allow the payment of a fee in lieu of undergrounding for developments with short street frontages? 3. Should the City require the fee to be paid by all developments? If the Council decision is to keep the existing undergrounding requirement, then I recommend that the fee be continued and be charged to all development. If this is Council direction, then we will work with the attorneys to prepare the necessary ordinances. rw/ug ti .J -y" t, I I I I I I I I •s I I j I I 1111111 and Construction Services, Inc. 9025 southwest Center Street ^ P.O. Box 23784 -Tigard, Oregon 97223 I ( f (503) 620-2086 • FAX (503) 684-3636 J U L 14 1994 j; July 14, 1994 LJ ~L --11; LT 03 LU J Mr. Pat Riley City Administrator City of Tigard 13125 S. W. Hall Blvd. Tigard, Oregon 97223 Re: Request of council to consider requirement for relocating utilities underground Dear Mr. Riley: As you are aware, the city currently requests property owners to locate overhead utilities (power, telephone, and cable) underground. This requirement pertains to both service lines running from the closest utility to a structure and transmission lines that run by a site. My request for reconsideration of this issue pertains not to the service lines that supply service to an individual structure, but for the transmission lines that go by a site. Currently the city has established a fee in lieu of relocating the overhead utility lines.. My first encounter with this requirement occurred at the Tigard Vision Center on Burnham Street. The fee for this project is $4,128.00. The actual cost that the utility company has quoted the owner to locate the lines underground is approximately $7,227.00. In this case the owner will probably opt to pay the fee in lieu of having the lines located underground. This fee represents somewhere between-1 and 1-1/4 percent of the cost of the total improvement cost for this site and structure. At the same time, the owner in this case is getting no benefit of any kind from paying this fee. I also find it hard to justify this kind of a cost based on the minimal visual impact that this underground requirement will give this property owner. F I feel it is wrong for a city to ask a private citizen to pay the cost to a utility company to move their transmission lines under ground. In the SIM Mr. Pat Riley r r City of Tigard July 14, 1994 Page 2 case of a new subdivision or a new industrial park, the cost to locate Y, utilities underground are minimal and in some cases the utilities prefer, at no extra cost, to locate their lines under ground. In the case of the older established commercial area and residential areas, it is not practical for one owner to relocate a section of line along a street underground while the remaining portion of those lines stay above ground. In discussing this issue with members of your staff, they indicated part s. of the original justification was a safety issue. It was felt by council members at the time this was first considered that underground utilities were safer than overhead utilities. It has been my observation that there are far more interruptions in service of utilities due to underground lines than there are to lines that are overhead. I do not feel that the safety issue is appropriate justification for rewiring existing utilities to be located underground. Many of the older areas that need redevelopment or where the city would like to encourage development, in almost all cases, have utility lines overhead. Making individual property owners in these areas locate these lines underground discourages development of the unused parcels and discourages existing property owners to upgrade their existing facilities. I would ask that the council reconsider only that portion of their existing policy that pertains to existing streets and development. I do not feel that on new development this requirement places an unreasonable demand. Si rely, ames R. Nicoli, P.E. JRN:mlh 111 All - - AGENDA ITEM! # FOR AGENDA OF IUI I$l~i }r MEMORANDUM ,k CITY OF TIGARD, OREGON TO: Bill Monahan, City Administrator FROM: Randy Wooley, City Engineerj/ 40, DATE: October 6, 1994 SUBJECT: Speed Bump Policy To date, the City of Tigard has not allowed speed bumps to be installed on public streets, due to concerns about safety and liability. However, new speed bump designs have been developed and tested that reduce the safety and liability concerns. As Tigard grows and our traffic increases, the requests for speed bumps have increased. It seems.to be time to review our speed bump policy. On October 18th, I would like to discuss with the Council the following questions: • Should speed bumps be allowed on public streets? • If so, how should we select the locations and what restrictions would apply? • Who would pay for installation and maintenance of speed bumps? Backcrround The typical speed bumps found in shopping centers and other private driveways are 3 to 4 inches high and less than three feet wide. They make a very severe bump for most vehicles, even at very slow speeds. At high speeds, such a bump may be hardly noticeable in a limousine but may send a motorcycle airborne. Most cities have not allowed these bumps to be installed on public streets due to concerns about safety and liability, the concern that the bump could cause a driver to lose control of a vehicle. The bumps also are a problem for emergency vehicles (especially fire trucks) and busses (especially school busses). In the past decade, various jurisdictions in North America, Europe and Australia have tried different designs for less severe speed bumps. The new designs are usually called speed humps or pavement undulations. The humps are typically about 3 inches high and 12 to 30 feet long. These less severe bumps appear to resolve the safety concerns, while encouraging speeds below 25 mph. The City of Portland has installed speed humps in a number of locations, including some transit routes. Portland typically uses 11115 :P WE 1, 14-foot humps or 22-foot humps, depending on the type of street and the type of traffic using the street. Signing and pavement markings are important to alert drivers to the presence of the bumps. Usually, a series of humps (spaced at 300 to 500 feet) is necessary for effective speed control. Limits on Humps Speed humps are not a cure-all for speeding problems. In the cities that use the humps, the humps are just one tool for addressing traffic concerns. They are not suitable for all streets. Most jurisdictions restrict the humps to local streets and neighborhood collector streets. In general, the humps are not used on streets with more -than two lanes nor on streets with steep grades nor on sharp curves. The humps work best on streets with curbs; without curbs, special designs are needed to prevent drivers from going around the bumps. Most jurisdictions require a strong neighborhood support before installing the humps. They find that some neighborhoods decide not to keep the humps. Objections frequently include objections to the appearance of the humps, including the pavement markings and signs -that are needed. The humps are used primarily to discourage speeding. However, in some locations they have also been effective in reducing through traffic. In using the humps, it is important to be sure that the traffic problem is not being relocated to another inappropriate street. Accurate construction of the humps is reported to be very critical. A small deviation in the height of the hump can make it too severe or too mild to be effective. . The less severe humps do not eliminate all concerns about liability. In fact, in California, where many cities have used the speed humps extensively, some cities still refuse to allow the humps on public streets. However, the cities that use the humps report no accident problems and no suits involving the speed humps. Costs Portland reports a cost of $1,500 to $2,000 per hump for installation. A great share of this cost is for the signing and markings. Substantial staff time is also involved in working with the neighborhood to determine neighborhood support. There is also an increased cost for maintenance, especially for the pavement markings. On the other hand, if the speed humps are effective, they lead to a reduction in citizen requests for police enforcement and traffic engineering review. Should speed humps be allowed on public streets? I think that they should be allowed in some locations. If Council agrees, I would want to develop some criteria to define where humps will be considered. The criteria would include the types of streets, maximum grades, etc. The work of Portland and other cities provides good guidance for establishing the criteria. How would we select the streets to receive the humps? First of all, I think we would want a showing of strong neighborhood support. Beyond that, if we need to establish priorities, staff could propose some criteria based on traffic volumes, traffic speeds, accidents and similar data to try to quantify the need. Attached, for information, is a list of locations where we have received requests for speed bumps. There are surely other locations where residents would request the humps if City policy is revised. Speed humps may not be appropriate in some of these locations. In some, there is not a verified speeding problem. Some would present technical difficulties due to steep grades or sharp curves. Who would pay? Based on the Portland experience, it would probably cost between $5,000 and $15,000 to install speed humps in a qualifying neighborhood. In addition, there would be on-going maintenance costs for the necessary signing and pavement markings. Potential funding options include: • Requiring qualifying locations to compete for funding through the CIP process. • Establishing a special fund for neighborhood traffic control, with projects to be built in order of established priorities. A fixed amount could be set aside each year, as has been done for major maintenance and as is proposed for the sidewalk improvement program. • Requiring the benefitted neighborhood to pay the cost. I Council Direction After discussion on October 18th, if Council decides to allow speed humps on public streets, I propose that staff draft a policy statement for review by the Council at a subsequent meeting. The policy statement would include the technical qualifications, the process for applying, and the funding source. Any direction provided by Council on the 18th would, of course, be helpful in developing the policy statement. NMI. MEN- I W w i LOCATIONS WHERE SPEED HUMPS HAVE BEEN REQUESTED (In alphabetical order; no priorities assigned) (Sortie locations may not qualify for speed humps) Ash Avenue between Frewing St. and Fanno Creek. Benchview Terrace between 132nd and Bull Mountain Road. Cherry Drive/Varns Street west of 72nd. Fanno Creek Drive between Bonita Road and Hall. Hillshire Drive between Westridge and Mistletoe. North Dakota Street between 121st and Springwood. Springwood Drive between 121st and Scholls Ferry Road. Springwood Drive between North Dakota and Summerlake. Spruce Street between 71st and 78th. Summerfield Drive between 98th and Durham Road. Summerlake Drive south of Scholls Ferry Road. Ventura Drive and Ventura Court. Winterlake Drive west of 128th. 78th Avenue between Spruce and Pfaffle. 106th between North Dakota and Black Diamond. 115th between Gaarde and Fonner. 128th between Walnut and Winterlake. OEM= n° rrl; AGENDA ITEM # FOR AGENDA OF 0 ► MEMORANDUM CITY OF TIGARD, OREGON TO: Bill Monahan, City Administrator FROM: Randy Wooley, City Engineer oz DATE: October 3, 1994 SUBJECT: Bonita Road CIP projects The 1994-95 Capital Improvement Program includes funds to improve Bonita Road between 72nd Avenue and Fanno Creek. It also includes funding for modifications to the traffic signal system at the 72nd/Bonita intersection. Here is an update on how we are approaching the project. If there are any objections, it would be helpful to know by October 18th. We are trying to move the project ahead quickly to coordinate with the County project on Durham Road. Durham Road Coordination The County and ODOT are working on a project to improve Durham Road between Hall Boulevard and Upper Boones Ferry Road. Currently, they expect to be under construction in the summer of 1995. However, this schedule could be delayed. During construction, Durham Road will be closed for two or three months during replacement of the bridge at Fanno Creek. When Durham is closed, Bonita will be a primary detour route. So, we want to be sure that there is no construction on Bonita while Durham is closed. At the same time, we want to do whatever we can to improve traffic flow on Bonita before Durham is closed. Therefore, we plan to proceed quickly with the Bonita Road design. As design proceeds, we will evaluate how much of the Bonita project can be constructed before Durham is closed. It may be necessary to break the project into phases. Turn Lanes DKS Engineering has recently completed a review of some intersections on 72nd Avenue and recommended some small projects to reduce traffic delays. At the 72nd/Bonita intersection, they recommend revisions to the signal system and addition of right-turn lanes for eastbound and southbound traffic. We plan to include these recommended improvements in the Bonita CIP project. The cost estimate for the CIP included an allowance for N r intersection improvements but the specific improvements were unknown at the time the CIF was adopted. The recommended improvements may increase the total project cost slightly, but are not expected to have a major cost impact. ' Railroad Where Bonita Road crosses the railroad tracks, the Burlington Northern tracks are currently substantially lower than the Southern Pacific tracks. This causes a substantial bump in Bonita. We are exploring with the two railroads what can be done to reduce the grade difference. We have again asked them to consider joint use of one of the tracks and abandonment of the second track. However, based on past discussions, I am not optimistic that the railroads will agree to modifications to the existing tracks. The railroad crossings will be widened to accommodate the Bonita Road improvements, but the bump may have to remain. rw/bonita ti. r AGENDA ITEM # For Agenda of Ogtober 18, 1294 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Rart i cioati onLn Unfunded Pg rsdaf-o-ma week pnieek o 0CtQbftr 24-3Q. 1294 PREPARED BY: C. [?Wheatley DEPT HEAD OK CITY ADMIN OK ISSUE AEFOIs~' TH7E COUNCI?~ Should Council participate in Unfunded Mandates Week (October 24-30, 1994) by sending a letter to Congress representatives and passing a special resolution? STM_F_RECOMf_ M0ATION Two areas of participation on the part of City of Tigard are recommended as follows: 1. Authorize the Mayor to sign a letter to Senators Hatfield and Packwood and Representative Furse to support the Federal Mandates Accountability and Reform Act. (A draft copy of the letter is attached.) The proposed legislation, if passed, would provide "significant accountability and procedural safeguards to protect municipalities from future unfunded mandates . " 2. Schedule and read a special Council resolution at the October 25, 1994, meeting. INFORMATION SUMMARY The National League of Cities (NLC) requested support and active participation in this year's National Unfunded Mandates Week, scheduled for October 24-30, 1994. Last year, Tigard's support consisted of adoption of a resolution on the Consent Agenda. NLC provided us with a packet of information along with a list of suggested activities to promote the week and provide information to citizens to stress the impact on local government created by unfunded mandates. Also attached is a Question and Answer Summary and a "Mandates Glossary°t which outlines the types of mandates and gives examples of recent mandates. OTHER ALTERNATIVES CONSIDERED 1. Additional activities suggested by NLC include: Conduct a press conference, rally, march, information briefing during National Mandates Week. 2. Decline participation this year. FISCAL NOTES No costs other than the staff time to prepare the Council packet material. h:\togin\cathyVma llI T OREGON October 18, 1994 Mayor John Schumrtz CRY Coundl The Honorable Mark Hatfield Wendt Conover Havda Hunt U.S. Senator, State of Oregon Bob' 259 Russell Senate office Building Sob ~*h Washington DC, 20510 Ss~t~ckQ~ Dear Senator Hatfield: The citizens and taxpayers of Tigard need relief from future unfunded federal mandates. I am writing to urge you to push for passage of the Federal Mandates Accountability and Reform Act (S.993/H.R.4771) before Congress adjourns. While a number of other mandates proposals have been offered, passage of this legislation is an all--important first step in the battle to slow down the growing financial and administrative burdens unfunded federal requirements impose on local taxpayers. s The cumulative impact of federal legislative and regulatory requirements directly and adversely affects the citizens of our community. Federal mandates require us to perform duties without andy consideration of local circumstances, costs, or capacity. if we fail to co-aply with a mandate, we often are subject to civil or criminal liability, as well as onerous enforcement orders. Federal mandates require compliance regardless of other pressing local needs and priorities affecting the health, welfare, and safety of our citizens. Mandates require us to raise local taxes and fees or cut services to meet federal priorities. The Federal Accountability and Reform Act, sponsored by Senators Hempthorne and Glenn and Representative Conyers and Towns, would provide significant accountability and procedural safeguards to protect municipalities from future unfunded mandates. This is the only mandates relief legislation that has been endorsed by the National Teague of Cities and all other organizations representing state and local governments. It is a strong and viable bill. it provides the only chance for mandates relief this year. 13125 SW Hull Blvd., llgord, OR 97223 (503) 639-4171 TDD (503) 684-2772 ,OEM Senator Mark Hatfield October 18, 1994 Page 2 The citizens of Tigard need your help. We strongly encourage you to ;Hake the passage of the Federal Mandate Accountability and Reform Act your top priority over the few weeks remaining in this session of Congress. Sincerely, John Schwartz mayor ;F 4il u e Z!) t' ij(' 3 n i eP~zAnswe -1 0 Unfunde- d Mnndam.'S 1'TAflONU MAGUS OF CMOES 1301 Pennsylvania Avenue, N.W. Washington, D.C. 20004 11 R! I! I i 1: 111 Alk at are e .e mandates? Federal mandates are requirements placed on local governments by the federal government to perform specified tasks. They are "mandates" because they must be done, and they are "federal" because the national government enacts them. To determine if something is a .mandate for your city or town just ask the question: "Must my city do this or risk civil or criminal penalties?" Who pays for federal mandates? Local citizens and businesses pay for most federal mandates through increased local taxes and fees. Most federal mandates are unfunded or underfunded. This means the federal government adopts the legislation and/or establishes regulatory requirements without appropriating any federal funds to implement the legislation or regulations. The costs for implementation are left to the local government. Why are, mandates a role ? At. Federal mandates are a problem for three reasons: (1) they are imposed without consideration of local circumstances or capacity to implement the federal requirements; (2) they strain already tight budgets forcing increases in local tax rates and fees to pay for mandates, continue to provide local services, and keep local budgets in balance; and (3) they set priorities for local governments without local input. Because most mandates require compliance regardless of other pressing local needs, federal mandates often "squeeze out" projects and activities that are local priorities and which could contribute more to local health, welfare and safety than the specific action or activity dictated by federal law or regulation. Local dollars spent on federal mandates is money that cannot be spent on local priorities. Why should citizens care about federal test Federal mandates allow the federal government to write checks on the local government's checkbook. They interfere with local decision-making and give authority to remote federal lawmakers and bureaucrats rather than easily accessible local mayors and councilmembers. And, perhaps most importantly, they force local governments to raise local taxes and fees in order to comply with federal mandates and maintain local services. What can local leaders .o 'a ®ut a ates?- Local government leaders must begin to speak out about the impact of federal mandates on their government, its budget, and on the pocketbooks of citizens. They must also take responsibility for educating their constituents about the impact of federal mandates on local priorities and local budgets. National organizations representing state and local governments in Washington are providing information and resources to help local leaders educate themselves, their constituents, and their Congressional delegations about the impact of federal mandates and the urgent need to create a better way of doing business - a partnership where levels of local government work together to agree on priorities and methods of achieving those shared commitments. V4Mt cmi cd6zem CIO ut Citizens should write or call their representatives in Congress to urge that they: (1) stop passing legislation that requires local governments to spend millions'of dollars without any input into the decision; (2) consider much more carefully the cost and impact of mandates on local communities when voting on legislation; and (3) review existing federal mandates to make them more flexible and permit greater local government autonomy in setting priorities and implementation strategies. 4 How much do federal mandates really cost? Federal mandates cost individual cities millions of dollars. For example, Columbus, Ohio, will have to spend $16 million to reduce the level of atrizine, a corn herbicide, in its water supply to a level of less than three parts per billion, or the equivalent of one half an aspirin tablet per 16,000 gallons of water. The city of Anchorage will spend $1.5 million to comply with municipal stormwater requirements. The cities of Lewiston and Auburn, Maine, expect to spend $17 million to comply with the federal safe drinking water mandates which will produce virtually no change in the quality or delivery of water. In 1990, the U.S. Environmental Protection Agency (EPA) predicted that by the year 2000, cities and towns will have to spend $12.8 billion annually just to comply with federal environmental mandates that were then in effect the equivalent of a 32 percent property tax increase for local governments. Are local governments oppose . to mandates at protect the public health, safety and civ rights of citizens? 1!' No. Local elected officials are committed to providing public services that enhance the health, safety, and welfare of their citizens. City officials support and continue to is develop programs to advance these and other objectives. But local officials are opposed to unfunded, inflexible, "one-size-fits-all" laws and regulations. These laws and regulations impose unrealistic time schedules for compliance, specify the use of procedures or facilities when less costly alternatives might serve as well, and require far more than underlying laws appear to require. Local officials want to concentrate on performance, not procedures. i srk Mandates Unfunded federal mandates cripple the ability of local officials to meet pressing local pri- orities within already tight budgets. Mandates pose one the greatest financial burdens on our nation's cities and towns. Who pays the costs of these mandates? Local taxpayers, through higher taxes and fees and reduced city services. The costs of non-compliance are criminal and civil penalties including huge fines against local governments and even imprisonment of local officials. Over the last five years, the cost of unfunded federal mandates has increased substantially while the funding available from the federal government has decreased dramatically. This year, the federal government has proposed still more mandates, along with increased funding for enforcement actions. Some national leaders just don't get it. And local citizens don't understand why they should have to pay more and get less. As local leaders, we must change these attitudes. No city can afford to fund even the exist- ing federal requirements, let alone those in the pipeline. And we must show our citizens that federal mandates are their problem, too. Every dollar we spend to comply with an irrational or irresponsible mandate is one less dollar we can devote to fighting crime and violence in our communities. The outcry heard throughout the nation last year on "National Unfunded Mandates Day" was a beginning. In Congress, more than 30 bills have been proposed to offer some relief. We support these bills. We urge immediate action on them. And we will keep up the fight until these mandates stop. This year we are calling for National Unfunded Mandates Week, October 24-30, 1994. This year, even more communities will join in a unified message: enough is enough. A-1 1011 1 16 EMOMORM 501 11 officials undeerstalmold the impact of UnfignIa-ed., MaM m a M FAIR OR POOR CONTDITIONIS TODAY CONDITIONS wHICH HAVE WORSENED IN THE PAST YEAR impacts of unfunded mandates . Impacts of unfunded mandates I ! 92% 710/6 Teen Pregnancy R a Gangs h, n t„ 7'19/6 MISM49% Drugs . r------ Cable N rotes and service 45% CONDITIONS WHICH HAVE DEiERTORATED { THE MOST IN THE PAST FIVE YEARS Impacts of unfunded mandates 39% Violent Crime 32% Gan s 2E% Source: NLC Research Report "The State of Americas 0i6ies ° 1994 if But Public Comprehension of the Issue Remains Low Do Not Understand 0 Understand Well Understand Somewhat Understand Little Source: NLC Research Report 'The State of Americas Cities, ° 1994 Yx NIANDATEs GLossARY I date Type Meaning i✓xwnple Vertical Applies to one program or activity Discharge standards for wastewater treatment plant effluents Horizontal Applies to many or all programs or activities Compliance with provisions of Americans with Disabilities Act (ADA) Legislative- 'Enacted by Congress Most federal mandates fall into this category Administrative Imposed by agencies empowered to make Clean air, water and landfill or Regulatory rules regulations. They are often "passed through" from federal to state to local Judicial Imposed by the courts The Garcia decision - compensatory time may not be substituted for hours worked beyond normal Constitutional Contained or based on the Constitution Commerce Clause precludes local regula- Lion of truck sizes and weights Active Requires the recipient unit to do Testing for broad range of drinking water something contaminants Restrictive Prevents the recipient unit from doing Volume cap on Industrial Development something Bonds; restrictive definition of eligibility for public purpose municipal bonds Traditional Not in law, but custom Providing police security for visiting (presumed enforceable) government officials Direct Order Locality is subject to penalty for Fines and sanctions for noncompliance noncompliance with ADA requirements Condition of AW In order to receive a benefit, must comply Require lead paint testing and abatement in local housing plans to receive federal housing and community develop- ment assistance Programmatic Require provision of a program, its Locally administered food stamp quantity or quality program requirements Procedural Set forth how a unit implements a program Corrosion control (lead abatement) procedures for drinking water distribu- tion systems ° Because conditions of aid may be resisted without penalty, they would not be considered a mandate under a penalty-batted definition. YEN'; ONE Z>$ A PRMIER ON MANDATES Adapted from "Mandate: Keeping Citizens Awam" by Janet M. Kelly, An Inn a and Option m7oet by the Nationsl Lmggm aXities i all the issues that en local oven- For instance, some would m1a rrrhttna officials, stone is mote contentious law impacts the private sector as well as lo- . from taking the most efficient path toward than mandates. Mandates go to the heart of cal governments, it cannot be considered a ' the service or ptogium goal. Not surprising, j what governing is all about-autonomy•and mandate. A penalty-based definition settles the administrative routines mandated for a money. Local officials recognize the need that argument in short order. The only dis- , city of 500,000 may not be as workable for far the policies that ensure basic and. equal advantage is that a definition based on pen- a city of 500. Even seemingly irtteocuous protection for all citizens and are willing to airy tends to reveal the volume of existing procedural mandates have their conse- help implement those policies. In r%= mandates, some of which acs not important quences. One law nequircs a social service they generally ask for two things. The fast to the local government. However, there is agency to keep a copy of certain rms. A is the ability to implement the policy con- a strong argument to be made that if you copy is defined by statute in such a way as j sistent with local needs and conditions, aggregate all the "little" mandates their to prevent the use of computer rwmds or and the second is financial assistance to cost would approach if not exceed the cast microfiche, alternatives far less expensive ~I fund the requitement. of the few "big" manndates, than tie maintenance of paper copies. j; Unfunded mandates place additional bur- Son bat? Finally, and most cruelly, the. biggest dens on already fiscally stressed local gov- "so what" of mandates is the loss of re- emments. They have also strained the in- Is this whole thane, as some contend, really sponsiveness in local goventment toward tergovemmental relationship, making all about motley? Well, yes and no. Money its citizens. Local governments have consis- innovative partnership approaches to pro- spent on compliance with federal man- tently been shown to be more responsive ~I viding services and paying for them simul- dates is money that cannot be spent on lo- . to citizen preferences urn taxes and services taneously more necessary and more diffi- cal priorities. So cost is a central issue, but than the federal government. Poll respon- cult. it is opportunity cost displacement caused dents are far more likely to say that their by the mandate that chafes-thee preclusion local government is more responsive to What Ls a Mandate? of spending the money on programs or ser- their needs and is more open to their input vices valued by the local constituency. If - than federal government. Local officials of- two most broadly used definitions are local priorities were equivalent to federally tern point out that they see their consdtu- bahsW on aches cost or penalty. Cost-based mandated priorities, money spent on cam- ents on the street, dire with them. worship definitions begin with some variation of phance with mahthd= would not be con- with tnern, and hear about problems daily. the theme "any statute or rule requiring a tested In fart, localities willingly accept re- Governing, for these elected officials, is local expenditum of funds or restricting lo- sponsibility for programs and services about the ability to respond to constituent cal revenue rates or bases.:' when there is popular support for diem at demands or at least to engage constituents the local level. So the mandates issue is with conflicting goals in. negotiation and A weakness of a simple cost-based deft- more accurately about different priorities compromise. When mandates preclude the nition is that it reduces important argu- and the foregone opportunities they create. use of local resources toward the essential means about mandates to money. When function of government, local government the definition is cost-based, discussions However, the fiscal implications are enor- loses the tautest and the confidence of its will center on whether or not the man- moos. There is the loss of local tax dollars people. date has a cost and what that cost will that might have been applied to other mot be. This is especially troublesome as pressing and popular uses. Thera are main- All that having been said. it is critical to many mandates require localities to use dates that limit the ways in which locali- note that mandates are a necessary part of their existing resources differently or ties raise revenue, putting some potentially intergovemmewal relations. No locality more intensively. Because of the rolif- lucrative and relative! free taxes off should have the right to pollute the envi- eration of mandates, local governments limits. These revenue exclusions and ex- rom-uem deny adequate education to chil- bear very high cumulative costs but emptioms have the effect of forcing more in- damn, deny benefits to eligible residents, very low marginal costs. A cost-based tensive use of the much hated property tax. deny due process and voting rights to citi- defrnition might not recognize the bur- zees, or operate a juice system that is not den of these mandates at all. Another serious and often ignored fiscal in conformance with other localities. Man- consequence of mandates is that of loss of daces are a necessary means by which to An alternative approach is a penalty-based flexibility. When mandates are procedutr- achieve these goals and are both the right 1 finition. Rather than ask "will it cost ail--telling the locality not what to do, but and the obligation of Congress. However, f money?" a penalty-based definition how to do it-it should not come as a sur- the proliferation of mandates has also made ! asks "must I comply?" The latter is prise that Congress or federal agencies are it clear that local governments ate bcins much easier to answer decisively than not the best judge of how to run the busi- saddled with an ever expanding load of { the former. This test for the mandate is ness of local government. Some local rules and requirements whose cost over n whether ,the locality can legally resist it. governments call this "mandated ineffi- time is enoamots. i OEM GCJ) ' f. 4nr I ~f ONIT Saxz Ir ~Rrsvlufivrt Jan xrfxxx~~~ ~x t>~ Whereas, unfunded federal mandates on state and local governments have increased significantly in recent years; Whereas, federal mandates require cities and towns to perform duties without consideration of local circumstances, costs, or capacity, and subject municipalities to civil or criminal penalties for noncompliance; Whereas, federal mandates require compliance regardless of other pressing local needs and priorities affecting the health, welfare, and safety of municipal citizens; Mhereas, excessive federal burdens on local governments force some combination of higher local taxes and fees and/or reduced local services on citizens and local taxpayers; Whereas, federal mandates are too often inflexible, one-size-fits-all requirements that impose unrealistic time frames and specify procedures or facilities where less costly alternatives might be just as effective; Whereas, existing mandates impose harsh pressures on local budgets and the federal government has imposed a freeze upon funding to help compensate for any new mandates; Whereas, the cumulative impact of these legislative and regulatory actions directly affect the citizens of our cities and towns; and Whereas, the National League of Cities, following up on last year's successful effort, is continuing its national public education campaign to help citizens understand and then reduce the burden and inflexibility of unfunded mandates, including a National Unfunded Mandates Week, October 24-30, 1994; Now, therefore, be it resolved that the (City/Town of ) endorses the efforts of the National League of Cities and supports working with NLC to fully inform our citizens about the impact of federal mandates on our government and the pocketbooks of our citizens; Be it further resolved that the (City/Town of ) endorses organizing and participating in events during the week of October 24-30, 1994; and finally Be it, further resolved that the (City/Town of ) resolves to continue our efforts to work with members of our Congressional delegation to educate them about the impact of federal mandates and actions necessary to reduce their burden on our citizens. 11,1 an-, MINE III Agenda Item No. City Council Meeting 10 MEMORANDUM CITY OF TIGARD, OREGON, TO: Honorable Mayor and City Council FROM: Hill Monahan, Interim City Administrator DATE: October 11, 1994 SUBJECT: Council Meeting of October 18, 1994 - Unfinished Business Status Report The following item is being worked on by staff and is added to my previous list of "unfinished business" items: • Right-of-Way Mowing and Trimming Practices: Attached is an October 4, 1994, memo from Ed Wegner to me which explains maintenance along Durham Road near Summerfield. My last report included the following topics which are still ongoing at this writing: • Utility billings transition I met with staff members last week. We continue to monitor complaints with the new billing system and address concerns from a customer service orientation. As Wayne reported to you in the last update, we have not received as many calls as anticipated. • Walnut Island - a written report will be sent to Council this month to supplement the information given to you in the last update. • Dolan decision - attorney°s office will make recommendations to update the Community Development Code to comply with the Dolan decision. Jim Coleman met with Community Development staff and me on October 11 to discuss. • Septic tanks update - Scheduled for this agenda. (October 18, 1994 Council meeting) • School Facility Plan - a meeting is scheduled for this week to discuss school capacity issues as a component of this plan (required by Senate Bill 908). MINE= d MEMORANDUM CITY OF TIGARD, OREGON TO: Sill Monahan FROM: Ed Wegner DATE: October 4, I W4 SUBJECT: Right-of-way mowing and trimming practices This memo is in response to Councilor Hunt's questions regarding maintenance along Durham Road near Summerfield. The following paragraphs describe the legal responsibilities and what is actually done in certain circumstances. It has been a number of years since anyone has looked at the policies and practices regarding right-of- way maintenance. Maintenance Services can conduct a thorough review of these policies and practices this winter if it is desired. According to Tigard Municipal code sections 7.40.050 and 7.40.050 a property owner is responsible for cutting grass, weeds, bushes, and shrubbery in the right-of-way of a public thoroughfare abutting the property. A property owner is also responsible for trimming tree limbs over the sidewalk up to a height of 8 feet and over a street up to 10 feet even if the tree is in the right-of-way. The city enforces these regulations for front yards and most side yards. There are circumstances where the City does maintain rights-of-way. Where there is a strip of .right-of-way between a sidewalk and individual property owner's back yard fence, such as along Durham Road, the Maintenance Services Department mows the strip. The area is mowed at approximately six week intervals during the growing season. The reasoning is that, although it is the property owner's responsibility to maintain the right-of-way adjacent to their property, it is not practical in circumstances where there is no direct access to the area. Also, enforcement of this would be problematic. in that most probably don't know that this area is their responsibility, and individual mowing would not be consistent and would result in a poor appearance. For an apartment complex with this same situation, we require that they maintain the right-of-way. The reason for this is that multi- family housing typically occurs on much larger lots. The larger lot size allows an owner to provide a consistent, uniform level of maintenance. Also, apartment owners usually want to maintain their frontage in order to improve the appearance of their business. This is a practical solution to the problem of unsightly rights-of- way, rather than a regulatory approach. The City has no regular right-of-way tree trimming program. Tree limbs are trimmed over sidewalks and streets when ;.here is a safety hazard or complaint. 1115 - 1olt~f~i~ MEMORANDUM CITY OF TIGARD, OREGON TO:. Bill Monahan FROM: Ed Wagner DATE: October 18, 1994 SUBJECT: Water Problem - Bull Mountain Meadows 3 & 4 The above mentioned water problem was a result of a contractor charging and chlorinating a line without a Water employee present on Saturday, October 15th. causing dirty water and high pressure which resulted in blown hot water heaters and damage to personal property. This report was created by Sam Schultz, Utility Worker II, Sam Morrison, Water Supervisor, and Mike White, Water Construction Inspector. SATURDAY OCTOBER 15 6:30 a.m. Customer complaints of dirty water. 7:15 a.m. City of Tigard Water Duty person arrived and checked water. Started to flush system @ 157th/Roc7trose. Duty person (Sam Schultz) discovered a high pressure problem also. Customers water heater valves were blowing. 8:00 a.m. Sam Schultz called Randy and asked what could be done. Sam S. was told to shut down large PRV°S (pressure regulators) and check pressure. Outlet pressure was 119 psi at vault. Sam shut 811 and 611 PRV'S down psi to 20, then checked pressure at subdivision. 9:00 a.m. Sam found Rick Taylor from C&M Construction at site and asked him what he was doing. Informed him about dirty water and so on. Rick Taylor (C&M) said he was charging and chlorinating 'a line. Sam asked him if all was isolated with Rick's response being yes. 9:30 a.m. Sam was answering complaints on high pressure - going back and forth from the PRV approximately 1-1/2 miles to the site. 12:45 p.m. Sam called Randy again was told to contact Sam Morrison. 1:05 p.m. Sam S., Sam M., and Mike W. met at site. Mike W. checked valves. All valves that should be off were. 2:00 p.m. At this time, crew began flushing system. 2:30 p.m. Mike W. tried to contact C&M. The crew flushed nearest to source first then out to the end of the system. This system is a small dead end line. 3:30 p.m. Mike W. took a Cl. residual test at source and continued flushing, C1~2 was the same as source. 4:00 p.m. Finished flushing and started notifying customers that the problem had been resolved. SUNDAY - OCTOBER 16 10:00 a.m. Saga S. checked CLZ at end of line and the residual matched source. MONDAY - OCTOBER 17 8:00 a.m. Mike W. talked to Bill Taylor from C&M Construction. Mike informed him about what had happened and Bill Taylor stated that they (C&M) would be responsible for damages. Bill Taylor (C&M) then stated /°well thatts what 1 have insurance for". There was a total of twenty-one complaints received. We will be forwarding this information to our insurance carrier in order for them to make contact with the Contractor. Although Bull Mountain Meadows 3 and 4 are outside of the City limits, they are within the boundaries of the Tigard Water Service Area. kathy\=prob