City Council Packet - 08/10/1999b&06 /ARIL
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T®GAcon CITY COUNCIL
MEETING
AUGUST 10,1999
COUNCIL MEETING WILL BE TELEVISED
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13125 SW Hall Blvd., Tigard, OR 97223 (503) 639-4171 MD (503) 684-2772
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SEE ATTACHED AGENDA
COUNCIL AGENDA - AUGUST 10, 1999 - PAGE 1
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TIGARD CITY COUNCIL MEETING
AUGUST 10, 1999
AGENDA
6:30 PM
STUDY SESSION
> EXECUTIVE SESSION: The Tigard City Council will go into Executive
Session under the provisions of ORS 192.660 (1) (d), (e), ex (h) to discuss
labor relations, real property transactions, current and pending litigation issues.
As you are aware, all discussions within this session are confidential; therefore
those present may disclose nothing from this meeting. Representatives of the
news media are allowed to attend this session, but must not disclose any
information discussed during this session.
Discussion: Wilsonville Withdrawal from the Metropolitan Area
Communications Commission
> Discussion: Review of Council Ground Rules
7:30 PM
1. BUSINESS MEETING
1.1 Call to Order - City Council 8z Local Contract Review Board
1.2 Roll Call
1.3 Pledge of Allegiance
1.4 Council Communications
1.5 Call to Council and Staff for Non-Agenda Items
> INTRODUCE FINANCE DIRECTOR CRAIG PROSSER
• City Manager
7:35 PM
2. VISITOR'S AGENDA (Two Minutes or Less, Please)
7:40 PM
3. CONSENT AGENDA: These items are considered to be routine and may be enacted
in one motion without separate discussion. Anyone may request that an item be
removed by motion for discussion and separate action. Motion to:
3.1 Approve Council Minutes: June 15, 22, 29, 1999
3.2 Receive and File:
a) Tentative Agenda
b) Council Calendar
c) Expenditure of Civil Forfeiture Funds
COUNCIL AGENDA - AUGUST 10, - PAGE 2
3.3 Initiate Vacation of a Portion of Main Street Right-of-Way North of Existing
Roadway - Resolution No. 99--,T.c$
3.4 Amend Resolution No. 99-18 - Correct Calculation Error in Fee Increases for
Building, Plumbing, Mechanical and Electrical Permit and Related Fees -
Resolution No. 99-
Consent Agenda - Items Removed for Separate Discussion: Any items requested
to be removed from the Consent Agenda for separate discussion will be considered
immediately after the Council has voted on those items which do not need
discussion.
7:45 PM
4. UPDATE: CITY OF TIGARD YOUTH VOLUNTEERS
• City Administration
7:55 PM `2-oA- l x199 - DDDL0/
S. PUBLIC HEARiN (Legislative) - TEMPORARY SIGN ORDINANCE
AMENDMENT Ordinance amending Tigard Municipal Code sections
2.52.010 and 18.780.120(C) to declare signs in the public right-of-way as
abandoned property and establish a retrieval fee for sign owners.
a. Open Public Hearing
b. Declarations or Challenges
C. Summation by Staff
d. Public Testimony (Proponents, Opponents)
e. Recommendation by Community Development Department
f. Council Questions or Comments
g. Close Public Hearing
h. Council Consideration: Ordinance No. 99- d-1 13 rcl i rn a Ap
8:25 PM
6. PUBLIC HEARING (Legislative) - BUILDING FEES INCREASE Adopt a new
fee schedule for permits issued under the Oregon Structural Specialty Code.
a. Open Public Hearing
b. Declarations or Challenges
C. Summation by Staff
d. Public Testimony (Proponents, Opponents)
e. Recommendation by Community Development Department
f. Council Questions or Comments
g. Close Public Hearing
h. Council Consideration: Resolution No. 99-IpQ
COUNCIL AGENDA - AUGUST 10, 1999 - PAGE 3
ZaA- /999 - DODOZ
8:45 PM
7. PUBLIC HEARING egislative) - COMMUNITY DEVELOPMENT CODE
AMENDMENT. The City of Tigard proposes to amend the Tigard
Community Development Code Chapter 18 to clarify existing code language
relating to Final Decisions, Effective Dates, Appeal Requirements,
Development Conformance, Standards Applicability, and Dedication and
Improvements Requirements.
a. Open Public Hearing
b. Declarations or Challenges
C. Summation by Staff
d. Public Testimony (Proponents, Opponents)
e. Recommendation by Community Development Department
f. Council Questions or Comments
g. Close Public Hearing
h. Council Consideration: Ordinance No. 99-A 1k
9:00 PM
8. CITY/METRO INTERGOVERNMENTAL AGREEMENT FOR THE
MANAGEMENT OF METRO-OWNED GREENSPACE PROPERTY
o Community Development Department
e Council Discussion
Council Consideration: Motion authorizing the Mayor to sign an
Intergovernmental Agreement with Metro for the development and
management of a Metro-purchased 6-acre property abutting the City's 3-
acre Woodard Park.
9:10 PM
9. COUNCIL LIAISON REPORTS
9:20 PM
10. NON AGENDA ITEMS
9:30 PM
11. EXECUTIVE SESSION: The Tigard City Council will go into Executive
Session under the provisions of ORS 192.660 (1) (d), (e), ex (h) to discuss
labor relations, real property transactions, current and pending litigation issues.
As you are aware, all discussions within this session are confidential; therefore
those present may disclose nothing from this meeting. Representatives of the
news media are allowed to attend this session, but must not disclose any
information discussed during this session.
9:50 PM
12. AD,OURNMENT
I:\ADM\CATHY\CCA\990810. DOC
COUNCIL AGENDA - AUGUST 10, - PAGE 4
Agenda Item No. -I
Meeting of q b8 l4'
TIGARD CITY COUNCIL
MEETING MINUTES - AUGUST 10, 1999
• STUDY SESSION
> Meeting was called to order at 6:30 p.m. by Mayor Jim Nicoli
> Council Present: Mayor Jim Nicoli, Councilors Paul Hunt, Brian Moore, Joyce Patton, and
Ken Scheckla
> Staff Present: City Manager Bill Monahan; Legal Counsel Jim Coleman; Asst. to the City
Manager Liz Newton; City Recorder Catherine Wheatley; Community
Development Director Jim Hendryx; Planning Director Dick Bewersdorff;
Utilities Manager Mike Miller
> MACC
Liz Newton, Assistant to the City Manager, advised the Council that the City received a
request from Wilsonville to withdraw from MACC. She said that staff intended to put a
resolution accepting the withdrawal request on the August 24 consent agenda. She explained
that Wilsonville gave its reason for its request as its belief that it had the resources and staff
capability to oversee and enforce the franchise itself. She mentioned that the MACC Board
passed a resolution encouraging the member jurisdictions to accept the withdrawal request.
Councilor Scheckla asked if other jurisdictions were thinking of withdrawing from MACC.
Bruce Crest, MACC Executive Director, stated that he knew of no other jurisdictions
contemplating withdrawal. He commented that Sherwood and Wilsonville left for different
reasons. He indicated that MACC had the resources it needed to do its job. He pointed out that
Wilsonville and Sherwood combined represented only 5% of the total number of 98,000 cable
subscribers. He mentioned the savings to MACC coming from not having to work for a
jurisdiction. He stated that MACC was operating more efficiently on its recently reduced
budget, and it would continue to do so.
Councilor Scheckla asked what the procedure was for a jurisdiction wanting back in. He asked
if the fight between Multnomah County and AT&T was a factor in Wilsonville leaving. Mr.
Crest stated that the AT&T battle had nothing to do with Wilsonville leaving. He said that the
process to rejoin MACC was the same as the process to join MACC. He confirmed that the
entry or re-entry of a jurisdiction to MACC required a unanimous vote of the member
jurisdictions.
Councilor Scheckla asked how much money Wilsonville's departure involved. Mr. Crest said
that Wilsonville would have contributed $21,103 to MACC this fiscal year and $14,350 to
TVCA.
Councilor Scheckla asked if Wilsonville would deal directly with TVCA or go a different route.
Mr. Crest said that next week the MACC Board would hold its preliminary discussions of
Wilsonville's interest in continuing with TVCA. He noted that, according to the MACC/TVCA
contract, TVCA served member jurisdictions. Councilor Scheckla indicated that he had
concerns with Wilsonville going with TVCA while not a member of MACC.
CITY COUNCIL MEETING MINUTES - AUGUST 10, 1999 - PAGE 1
Ms. Newton asked the Council to provide feedback to Councilor Scheckla with regard to two
issues to be discussed at the MACC Board meeting next week: the MACC contract with TVCA
(and the performance standards to be included), and Wilsonville's request to contract with
TVCA for cable access services. She referenced her memo listing ideas for performance
standards (based on a base line service scenario), and listing concerns about Wilsonville
contracting with TVCA directly.
Mr. Crest pointed out that the MACC Board would not make decisions on those issues at the
upcoming work session. He said that the Board would make those decisions in September. He
indicated that the MACC staff wanted to gather input from the member jurisdictions and to get
direction from the Board.
Councilor Hunt asked Councilor Scheckla to discuss his thoughts on the issue. Councilor
Scheckla said that he has not yet decided his position. He indicated that he wanted to know
what the MACC jurisdictions were giving to TVCA on art individual basis. He discussed his
concern that the MACC jurisdictions be protected so that they did not get into a similar situation
in the future.
Councilor Patton spoke to Wilsonville alone bearing any of the costs involved with a contract to
TVCA. She mentioned the need for stringent fiscal controls on TVCA, including an accounting
method that separated out the resources it used for Wilsonville from the resources it used for the
member jurisdictions. She discussed her concern of setting a precedent if TVCA was allowed to
contract with non-member jurisdictions; this may have an impact on TVCA's service to member
jurisdictions. She pointed out that this sort of contract went beyond the original scope intended
for TVCA by MACC.
Councilor Patton emphasized that these sorts of questions needed to be answered clearly. She
asked what recourse the member jurisdictions had, in the event of inappropriate use of TVCA
resources by a contract jurisdiction.
Mayor Nicoli spoke to allowing only a year-to-year contract. He suggested requiring
Wilsonville to sign on financially for the length of an investment in major purchases of
equipment or buildings. He mentioned his concern that a contract jurisdiction might pullout of
a large capital investment, leaving the rest of the jurisdictions to pick up the financing.
Councilor Scheckla mentioned TVCA's discussion of acquiring a building and leasing out the
part that they did not use. He discussed his concern with MACC retaining control, even over
any "horsetrading" deals made between TVCA and non-MACC jurisdictions.
Mr. Crest commented that Patricia Dare, the new TVCA Executive Director, shared many of the
Council's concerns with regard to the Wilsonville withdrawal. He reviewed the work he and
Ms. Dare have done in getting clarification from Wilsonville on exactly what it wanted to do.
He mentioned that the MACC staff's concerns dealt with equity issues and malting sure that an
outside contract did not cost the MACC jurisdictions anything in resources or dollars. He
reiterated that what happened with Wilsonville was a decision for the MACC Board.
Mr. Crest pointed out that Sherwood left MACC because it did not want to use TVCA's
services. He emphasized that the MACC Board had to first decide whether or not to allow
TVCA to contract with outside jurisdictions, and then to decide how to set up the procedures to
provide protections for its member jurisdictions and appropriate financial compensation for
services.
CITY COUNCIL MEETING MINUTES - AUGUST 10, 1999 - PAGE 2
> EXECUTIVE SESSION
The Tigard City Council went into Executive Session at 6:45 p.m. under the provisions of ORS
192.660 (1)(f) and (h) to discuss exempt public records and current and pending litigation.
> Executive Session adjourned at 7:39 p.m.
1. BUSINESS MEETING
1.1 Call to Order - City Council & Local Contract Review Board
Mayor Nicoli called the meeting to order at 7:40 p.m.
1.2 Roll Call
Mayor Jim Nicoli, Councilors Paul Hunt, Brian Moore, Joyce Patton, and Ken Scheckla
were present.
Cub Scout Pack #221 performed the flag ceremony and led the Council in the Pledge of
Allegiance. Mayor Nicoli presented the scouts with City of Tigard lapel pins.
1.4 Council Communications: None
1.5 Call to Council and Staff for Non-Agenda Items: None
> INTRODUCTION FINANCE DIRECTOR CRAIG PROSSER
Bill Monahan, City Manager, introduced Craig Prosser, the new Finance Director. He
reviewed his background in government finance, including his work as Metro's Financial
Planning Manager and in various positions at the City of Portland. He said that Mr. Prosser
would discuss potential changes to the business tax program at Council's workshop meeting
next week.
Mayor Nicoli welcomed Mr. Prosser and presented him with a City of Tigard lapel pin.
2. VISITOR'S AGENDA
o Norman Penner, 12714 SW Woodhue St, Tigard Water District Board of Commissioners
Chair
Mr. Penner stated that he did not live within the Tigard city limits. He noted that Gretchen
Buehner, the Tigard Water District's representative to the Intergovernmental Water Board, was
also present. He said that they represented over 3,000 ratepayers within the Tigard water
system. He presented a letter dated August 3, 1999, to the Council from the Tigard Water
District Board regarding the potential consequences of the upcoming referendum in Tigard on
long-term water sources.
Mr. Penner read the letter into the record. He stated that the 1994 intergovernmental agreement
between the City of Tigard, the City of Durham, the City of King City, and the Tigard Water
District provided that a decision regarding a long-term water source for the system would be
made by the Intergovernmental Water Board (comprised of representatives from each
participating entity). He pointed out that a vote by any three members of the Board constituted a
CITY COUNCIL MEETING MINUTES - AUGUST 10, 1999 - PAGE 3
binding majority. He observed that the Tigard Water District, the City of King City and the City
of Durham each chose the Willamette River option earlier this year, as did the
Intergovernmental Water Board.
Mr. Penner mentioned the submittal of valid signatures by the Citizens for Safe Water in June
for an initiative requiring a vote of the Tigard citizens before the City could go to the Willamette
for its water source. He stated that, should the initiative pass and the voters refuse to vote for
the Willamette River option, that decision would put the City in default under the IGA. He said
that Tigard's failure to participate in the Willamette River option would result in damages in
excess of $25 million to the Tigard Water District and its ratepayers for separation of the
systems.
Mr. Penner stated that, in the opinion of their legal counsel, the proposed initiative contained a
number of flaws that would make it unenforceable. The Tigard Water District asked the City of
Tigard to take all necessary steps to stop any barriers to proceeding with the Willamette option.
He stated that, should Tigard fail to move forward with the Willamette option, the Tigard Water
District would initiate legal action against the City to protect its rate payers from the results of
the City of Tigard's default.
3. CONSENT AGENDA
Councilor Patton asked to pull Item 3.4.
Councilor Hunt asked for more explanation on Item 3.3. He asked what impact vacating this
property would have on the people parking on the property. Jim Hendryx, Community
Development Director, explained that the vacation gave the property to the people currently
using it for parking. He pointed out that Item 3.3 initiated the vacation process (which included
a public hearing at which citizens could voice any concerns).
Motion by Councilor Scheckla, seconded by Councilor Hunt, to approve the Consent
Agenda, pulling Item 3.4.
Motion was approved by unanimous voice vote of Council present. (Mayor Nicoli, Councilors
Hunt, Moore, Patton and Scheckla voted "yes.") [5-0]
3.1 Approve Council Minutes of: June 15, 22, 29, 1999
3.2 Receive and File:
a. Tentative Agenda
b. Council Calendar
c. Expenditure of Civil Forfeiture Funds
3.3 Initiate Vacation of a Portion of Main Street Right-of-Way North of Existing
Roadway - Resolution No. 99-58
3.4 Amend Resolution No. 99-18 - Correct Calculation Error in Fee Increases for
Building, Plumbing, Mechanical an Electrical Permit and Related Fees - Resolution
No. 99-59
® Consent Agenda - Items Removed for Separate Discussion
3.4 Amend Resolution No. 99-18 - Correct Calculation Error in Fee Increases for
Building, Plumbing, Mechanical an Electrical Permit and Related Fees - Resolution
No. 99-59
CITY COUNCIL MEETING MINUTES - AUGUST 10, 1999 - PAGE 4
Mr. Hendryx said that Councilor Patton had asked if this was the appropriate process to go
through to make these changes, and to explain why the two tables for the two different
resolutions were the same. He explained that Resolution 99-18, the fee resolution adopted by
Council earlier, contained a calculation error. He indicated that this was the appropriate process
to amend the original resolution. He explained that the fee structures in both resolutions drew
from the same table but for different sections of the Building Code.
Motion by Councilor Moore, seconded by Councilor Hunt, to adopt Resolution 99-59.
Motion was approved by unanimous voice vote of Council present. (Mayor Nicoli, Councilors
Hunt, Moore, Patton and Scheckla voted "yes.") [5-0]
4. UPDATE: CIATY OF A IGARi~', YOUTH VOLUNTEERS
Trish Stormont, Library Volunteer Coordinator
Ms. Stormont reviewed the youth volunteer program at the library (ages 12 to 18). She
mentioned that they had five parent-child teams for the children under age 12. She described the
various projects and activities performed by the youth volunteers, including a project to relabel
the library's 6,000 plus picture book collection, shelving books, assisting librarians with craft
time and story time, checking in books and videos, sorting books, and other general maintenance
jobs. She noted that the kids were competent computer users who coached other volunteers and
the staff on using the computer.
Ms. Stormont pointed out that the library provided teenagers with a place to learn job skills and
to interact with adults in the workplace prior to entering the workforce. She said that from
January to June 1999, 28 youth worked over 350 hours at the library with another nine youth
signing up in July to volunteer. She mentioned that the kids volunteered for various reasons,
including meeting a requirement to perform community service hours (i.e., National Honor
Society, Peer Court). She commented that some of the kids stayed for years, literally growing
up at the library. She described the youth volunteers as forming a bridge between the library
today and the library tomorrow.
Marin Younker, Adult Services Librarian
Ms. Younker presented a series of slides illustrating the different tasks performed by the youth
volunteers. She mentioned the Homework Program held at the library in partnership with the
Tigard-Tualatin School District. She said that middle school students could take the bus to the
library to do their homework and receive tutorial assistance, often provided by high school
students who received credit for tutoring and mentoring. She described the Teen Idea Group, a
monthly meeting where teens provided her with input on programs and materials of interest to
teens.
o Sheryl Huiras, Youth Services Police Officer
Officer Huiras described the Tigard Police DARE camp for fourth to eighth grade kids. She
said that they recruited high school students to serve as counselors for the one-week camps. She
noted that they initiated the program last year with one camp for 40 kids and expanded it this
year to five camps for 250 kids. She presented slides showing the various positive activities
presented at the camp as alternatives to drugs and gangs. She mentioned that most of the camp
counselors from last year returned this year. She introduced four counselors in attendance. She
commented that the high school students were both good leaders and good friends with the kids
at the camp.
CITY COUNCIL MEETING MINUTES - AUGUST 10, 1999 - PAGE 5
Officer Huiras described the Peer Court program run solely by the students who played the roles
of jury, court clerk, bailiff and attorneys. She commented that the opportunity to hear and try
cases from the Police Department provided the kids with good leadership experiences and a
chance to interact with first tune offenders to show them that perhaps they were not making
good choices. She presented slides of the Peer Court, noting in particular the prosecuting
attorney, a 12 year old who has been involved in the program for a couple of years. She noted
that, out of the 280 cases tried in Peer Court, only 2% reoffended.
Councilor Scheckla asked several questions regarding the DARE camp. Officer Huiras said that
they held the five camps at a Tigard elementary school with 40 kids per one-week session. She
said that they just finished three camps of fourth and fifth graders and they were in the middle of
a sixth to eighth grade camp now. She described the application process, both to participate in
the camp and to serve as a counselor. She confirmed that the camps were open to all schools in
the Tigard area, including private schools. She indicated that they provided snacks and lunches,
T-shirts, and two field trips along with other activities.
Mr. Monahan commented that the City was not the sole-source funding for the DARE program.
Officer Huiras listed donations from the Rotary Club, the Kiwanis Club, many business owners,
Liz Newton, and a variety of people from all over the City. She confirmed that the Ronald
McDonald House gave them a $2,500 grant. She said that the cost of a week long camp ranged
from $1,500 to $2,000.
Councilor Hunt pointed out that the Peer Court was open to the public. He recommended
attending it to watch the excellent job done by the kids. Officer Huiras recognized Councilor
Patton as a Peer Court judge. Councilor Patton stated that she has been impressed by the
program.
Diane Jelderks, Engineering Department Senior Administrative Specialist and CE2
Liaison
Ms. Jelderks explained that "CE2" stood for "Community Education times 2." She said that it
was based on the idea that it took two - the community and the school - to educate their children.
She said that she has been the City's liaison to the program for the last five years, ever since she
asked the City to participate in the program.
Ms. Jelderks described how the program worked at City Hall. She said that the students selected
a work site for 3 hours a day, four days a week, for four weeks. She described her interaction
with the students on a one-on-one basis to find them work to do at City Hall. She indicated that,
although most students performed clerical tasks, she had one who wanted to do manual labor
and so she sent him out with the wastewater crew to dig a ditch down at Cook Park. She stated
that, at the end of the four weeks, she gave the students a performance evaluation and wrote a
letter of recommendation. She commented that most of the students have commented that they
learned a lot about the City during their time here.
Councilor Scheckla asked if Ms. Jelderks has sent any students to the Senior Center. Ms.
Jelderks said that she has not used the Senior Center. She explained that the work the students
did was part of their grade. She remarked that they included the CE2 program as part of the
volunteer program because the students did accomplish a lot during their four-week assignment.
She commented that occasionally the City has hired some of the students as part-time help.
CITY COUNCIL MEETING MINUTES - AUGUST 10, 1999 - PAGE 6
Bryon Terry, Eagle Scout, Troop 419, Nigh School Senior
Mr. Terry described the community service requirements in the Boy Scout program. He said
that one out of every five people were Boy Scouts and one of 100 became Eagle Scouts. He
stated that the Scouts participated actively in the community and were always available to help
anyone.
Susan Koepping, Volunteer Coordinator
Ms. Koepping observed that the volunteer program was not her project, it was everyone's
project at the City. She cited the 28 City employees who worked directly with volunteers. She
mentioned a variety of projects completed by youth volunteers, including: Eagle Scouts filling
over 500 sandbags last winter; cleaning up the east end of Durham Street as part of the Adopt a
Street program, helping decorate City Hall for the tree lighting ceremony, cleaning and painting
fire hydrants, and providing clerical support to various City departments (during the summer for
the most part). She spoke of the value of the youth volunteers to the City. She asked the youth
volunteers present at the meeting to stand and be acknowledged.
Councilor Hunt asked what expansion plans Ms. Koepping had in mind, as stated in her
recommendations. Ms. Koepping said that she would make those plans after finishing the fire
hydrant project.
Mr. Monahan reported that the number of volunteer hours for the library and City Hall totaled
2,100 hours with half of those hours volunteered by youth. He pointed out that the youth hours
were the equivalent of one full time employee in one month.
Councilor Scheckla asked if they had equal gender distribution. Ms. Koepping commented that
most of the Scouts they dealt with were Boy Scouts, although they have started their first Girl
Scout program. She indicated that a number of girls helped with different kinds of things. Ms.
Stormont stated that the library had a good gender balance in its youth volunteers.
Councilor Scheckla commended staff for the excellent volunteer program.
5. PUBLIC HEARING (Legislative) - TEMPORARY SIGN ORDINANCE AMENDMENT
Ordinance amending Tigard Municipal Code sections 2.52.010 and 18.780.120(C) to declare
signs in the public right-of-way as abandoned property and establish a retrieval fee for sign
owners.
a. Mayor Nicoli opened the public hearing.
b. Declarations or Challenges: None
c. Summation by Staff
Matt Scheidegger, Code Enforcement Officer, gave a PowerPoint presentation on the
temporary sign code program. He reviewed the Council's previous direction to staff at the
March 16 and June 15 meetings. He mentioned the City Attorney's ruling that the Council
could not make provisions specifically for political signs, as the sign code had to be content
neutral. He reported that staff presented the revised ordinance to the Planning Commission on
July 19; several people expressed concerns with seasonal signs in the public right-of-way. He
reiterated that the sign code must be content neutral, and the Council could not specifically
legislate with regard to seasonal signs.
CITY COUNCIL MEETING MINUTES - AUGUST 10, 1999 - PAGE 7
Mr. Scheidegger stated that temporary signs i:;: ludcc' A-boards; banners, lawn signs and tenant
signs. He reviewed the provisions of the temporary sign ordinance. He stated that the Code
allowed signs on private property only and prohibited signs in the public right-of-way (unless
the owner obtained a 30-day temporary sign permit). He presented slides illustrating various
illegal signs.
Councilor Patton asked if the City issued temporary sign permits for business/commercial but
not for residential. Mr. Scheidegger said that single family residential could get a temp sign
permit for an A-board. He explained that the restriction on signs in single family residential
neighborhoods was intended to prevent cluttering up the neighborhoods and masking visual
clearance at intersection corners. He pointed out that the Code allowed small signs for home
occupations only if they were located on the dwelling itself. Mr. Hendryx commented that the
home businesses in residential zones were so small that they did not impact the character of the
neighborhood.
Mr. Scheidegger confirmed to Councilor Patton that the Code did allow lawn signs in single
family zones, such as garage sale signs on private property.
Councilor Hunt asked why the ordinance indicated that the Police Department would hold the
signs, instead of maintaining the current practice of the Public Works Department holding the
signs. Mr. Scheidegger said that the procedure would not change; the Public Woflks Department
would still hold the signs. Mr. Monahan explained that staff recatagorized illegal temporary
signs as "abandoned personal property" in order to make use of the existing process (used by the
police under the abandoned personal property ordinance), as opposed to developing a new
process to handle the signs.
Dick Bewersdorff, Planning Director, asked for Council discussion of an appropriate fee for
the retrieval policy. He commented that they would not recover 100% of the costs of the
program because most people did not retrieve their signs.
Councilor Patton noted Councilor Hunt's suggestion at an earlier meeting to educate first time
offenders with regard to the process as opposed to charging them a fee. Mr. Bewersdorff said
that the Council could do that through a resolution.
Councilor Patton discussed the need for the City to do a better job of educating the public on the
legal placement of signs and the location of the public right-of-way. She pointed out that many
people believed that the area in front of their homes was part of their personal property, not
public right-of-way.
Councilor Patton spoke to the need for the City to be consistent with its application of the
ordinance in order to avoid the appearance of partiality. She held that consistent application and
enforcement would require more staff time and resources than currently used. Mr. Bewersdorff
explained that most of Mr. Scheidegger's work was one on one education with the sign owners
on where to place their signs appropriately.
CITY COUNCIL MEETING MINUTES - AUGUST 10, 1999 - PAGE 8
d. Public Testimony
• Bev Fronde, 12300 SW Bull Mountain Road
Ms. Froude asked the Council to hold off on acting on this ordinance until the CIT had a chance
to discuss it this fall. She held that there has not been sufficient public involvement in this
issue. She argued that the public should drive this issue because of the importance of signs to
people. She suggested that the Council form a Task Force of the stakeholders to address the
issue of temporary signs. She commented that the general public might not even know what the
right-of-way was, much less where it was located.
e. Staff Recommendation
Mr. Bewersdorff recommended adoption of the ordinance as written. He pointed out that the
ordinance did not mandate picking up new illegal signs; rather it tried to make the mechanism
for picking up the signs (that have been illegal since the adoption of the sign code in 1984) work
better.
f. Council Questions
Councilor Scheckla asked if the seasonal farm market signs were grandfathered in. Mr.
Bewersdorff mentioned that some of the seasonal signs were in the State right-of-way (which
did not allow them either). He said that the only way to allow seasonal signs was through
selective enforcement, a policy that he did not like. He mentioned the issues of content
neutrality, fairness, and interference with vision clearance and movement in the public right-of-
way.
Councilor Scheckla commented that the Saturday Farmers Market placed signs in the right-of-
way on Hall Blvd and Greenburg/Olson. He questioned allowing these signs on the weekend
while penalizing those who put them up during the week. Mr. Bewersdorff indicated that it was
difficto deal with that issue ult unless Scheidegger hs staff
woked on Saturdays to wok the to porary
mentioned that occasionally M
sign problem.
Councilor Hunt asked if this ordinance would affect the farmers who put seasonal signs on their
private property. Mr. Bewersdorff indicated that it would not. He confirmed to Councilor
Moore that the farmers could get temporary permits for signs at $30 per sign for 30 days. He
explained to Councilor Patton that single family residential did not need permits, according to
the way the Code was written.
Councilor Moore pointed out that this was a difficult decision because the variety of different
situations clashed with the need for consistency. He spoke to maintaining consistency, even if
they had to penalize a few people in order to keep the public right-of-way clear of sign clutter.
He held that people could ask private property owners for permission to put signs on their
property. He mentioned his irritation at the unsightly residue left on street light poles by the
duct tape used to tape up signs.
Councilor Hunt commented that he hpfthis temporary sign
He suggested either taking the ordinance off
City had not been enforcing the existing ordinance.
the books completely or enforcing it.
CITY COUNCIL MEETING MINUTES - AUGUST 10, 1999 - PAGE 9
Mayor Nicoli said that he was not that concerned with the outcome of this particular ordinance.
He concurred with Ms. Froude's comments that they needed to involve more people in
understanding the sign ordinance. He asked, i f they passed the ordinance, to commit part of
their monthly newsletter to training the public and businesses specifically about temporary
signs.
g. Mayor Nicoli closed the public hearing
h. Council Consideration: Ordinance No. 99-21
Motion by Councilor Hunt, seconded by Councilor Moore, to adopt Ordinance No. 99-21.
T he City Recorder read the number and title of the ordinance.
ORDINANCE NO. 99-21, AN ORDINANCE OF THE CITY OF TIGARD TO AMEND
TIGARD MUNCIPAL CODE SECTIONS 2.52 AND 18.780.120(C).
Motion failed by a majority roll call vote of the Councilors present. (Councilors Hunt and
Moore voted "yes"; Mayor Nicoli, Councilors Patton and Scheckla voted "no.") [2-3]
Mayor Nicoli said that they would put this back on the agenda for discussion at a later date.
6. PUBLIC HEARING (Legislative) - BUILDING FEES INCREASE
Adopt a new fee schedule for permits issued under the Oregon Structural Specialty Code
a. Mayor Nicoli opened the public hearing.
b. Declarations or Challenges: None
c. Summation by Staff
Mr. Hendryx mentioned that the Building Code-related fee increases were appealed to the
Oregon Building Codes Division. He stated that the Division upheld the fee increases but
denied the Oregon Structural Specialty Code fee increase. He said that tonight staff proposed a
51 % increase for the Oregon Structural Specialty Code for this year with the remainder of the
89% total increase proposed for next year.
Mr. Hendryx indicated that the study that the Council wanted staff to conduct on the costs of a
department would be completed over the course of the year for the remaining part of the fee
increase. He recognized Bob Poskin, Plans Examiner, who has done an outstanding job on
pulling the study together.
d. Public Testimony: None.
e. Staff Recommendation
Mr. Hendryx recommended adoption.
C Council Questions
g. Mayor Nicoli closed the public hearing
CITY COUNCIL MEETING MINUTES - AUGUST 10, 1999 - PAGE 10
h. Council Consideration: Resolution No. 99-60
Motion by Councilor Moore, seconded by Councilor Scheclda, to adopt Resolution 99-60.
The City Recorder read the number and title of the resolution.
RESOLUTION 99-60, A RESOLUTION ESTABLISHING BUILDING PERMIT FEES
PURSUANT TO OREGON STRUCTURAL SPECIALTY CODE SECTION 107 AS
AMENDED UNDER ORS 455.020.
Motion passed by unanimous voice vote of the Council present. (Mayor Nicoli, Councilors
Hunt, Moore, Patton and Scheckla voted "yes.") j5-01
7. PUBLIC HEARING (Legislative) - COMMUNITY DEVELOPMENT CODE
AMENDMENTS
The City of Tigard proposes to amend the Tigard Community Development Code Chapter 18 to
clarify existing code language relating to Final Decisions, Effective Dates, Appeal
Requirements, Development Conformance, Standards Applicability, and Dedication and
Improvements Requirements.
a. Mayor Nicoli opened the public hearing.
b. Declarations or Challenges: None.
c. Summation by Staff
Mr. Bewersdorff stated that staff has worked with the City Attorney's office to clarify
Development Code provisions dealing with a variety of issues. He said that the amendments
took off from the Director's interpretation adopted by Council on July 13. He indicated that the
Planning Commission recommended approval on July 19.
d. Public Testimony: None
e. Staff Recommendation
Mr. Bewersdorff recommended approval.
E Council Questions
g. Mayor Nicoli closed the public hearing
h. Council Consideration: Ordinance No. 99-22
Motion by Councilor Patton, seconded by Councilor Moore, to adopt Ordinance No. 99-
22.
CITY COUNCIL MEETING MINUTES - AUGUST 10, 1999 - PAGE 11
The City Recorder read the number and title of the ordinance.
ORDINANCE NO. 99-22, A ZONE ORDINANCE AMENDMENT (ZOA 1999-02) TO
AMEND PROVISIONS OF THE COMMUNITY DEVELOPMENT CODE BY ADOPTING
CLARIFYING AMENDMENTS TO SECTIONS 18.340.020(g), 18.390.040(f),
18.390.040(g)(2)(c), 18.390.040(h), 18.390.050(g), 18.390.080(a)(1)(d), 18.620.010(b),
18.810.020(a), 18.810.020(e), 18.810.030(a), 18.810.070(a), 18.810.080(a), AND 18.810.110(a)
AND (b) TO BETTER DEFINE FINAL DECISIONS, EFFECTIVE DATES, APPEAL
REQUIREMENTS, DEVELOPMENT CONFORMANCE, STANDARDS APPLICABILITY,
AND DEDICATION AND IMPROVEMENTS REQUIREMENTS.
Motion passed by unanimous roll call vote of the Council present. (Mayor Nicoli Councilors
Hunt, Moore, Patton, and Scheckla voted "yes.") [5-0]
8. CITY/METRO INTERGOVERNMENTAL AGREEMENT FOR THE MANAGEMENT
OF METRO-OWNED GREENSPACE PROPERTY
Mr. Hendryx stated that Metro purchased a six-acre piece of property adjacent to Woodard Park
as part of the Metro Greenspaces program. He said that, in the two years since then, City staff
worked with the neighbors to develop a master plan for Woodard Park and the Metro property as
part of the City's Parks Master Plan update. He noted that the Council adopted the updated
Parks Master Plan this year.
Mr. Hendryx stated that the IGA allowed the City to implement the Woodard Park expansion.
He reviewed the elements of the master plan that used the Metro Greenspace land for the park
expansion. He explained that the IGA was for a 20-year period with additional 10 year periods
renewed by mutual consent. He pointed out that the lengthy contract period provided the City
with the assurance that they would use their improvements installed on the Metro property as a
community resource for a long time.
Mr. Hendryx presented a series of slides illustrating the park elements and surrounding
neighborhoods of Woodard Park. He stated that the IGA did not include the house on the Metro
property but it did include the red barn. He mentioned discussions of using the red barn for
shelter or an activity center. He recommended approval.
Councilor Hunt asked to remove the designation of an individual's name from page 6 of the
IGA. He said that he preferred using a title only - Community Development Director as
opposed to Jim Hendryx, Community Development Director.
Motion by Councilor Hunt, seconded by Councilor Patton, to authorize the Mayor to sign
the intergovernmental agreement with the correction of the deletion of the individual
names.
Motion passed by unanimous voice vote of the Council present. (Mayor Nicoli, Councilors
Hunt, Moore, Patton, and Scheckla voted "yes.") [5-0]
9. COUNCIL LIAISON REPORTS: None.
10. NON AGENDA ITEMS
o Mayor Nicoli recessed the meeting for a break at 9:02 p.m.
CITY COUNCIL MEETING MINUTES - AUGUST 10, 1999 - PAGE 12
o Mayor Nicoli reconvened the meeting at 9:07 p.m.
11. STUDY SESSION
Date: I atr LLL-1
o Mr. Monahan asked if the Councilors had any suggestions for changes to the Council
groundrules. Hearing none, he said that he would bring the rules back again next July.
Mr. Monahan reported that he received a call from School Superintendent Russ Joki asking if
the Mayor wanted to appoint a Councilor to sit on the School District's new Bond Measure
Study Committee, starting in September. He said that Mr. Joki indicated that they would extend
this opportunity to all the jurisdictions in their district. The Council discussed the request.
Councilor Moore volunteered to be the Council representative with Mayor Nicoli volunteering
as the alternate.
12. ADJOURNMENT: 9:10 p.m.
ea;t~~-PLe 0 6992~ -
Attest: Catherine Wheatley, City Recorder
or, City of Tigard `
1 AADM\CATHNCCM\990810. D0C
CITY COUNCIL MEETING MINUTES - AUGUST 10, 1999 - PAGE 13
COMMUNITY NEWSPAPERS, INC.
Legal
P.O. BOX 370 PHONE (503) 684-0360
Notice TT
9464
BEAVERTON. OREGON 97075
Legal Notice Advertising
*City of Tigard ° ❑ Tearsheet N.
13125 SIJ Hall Blvd.
7223 ° ❑ Duplicate Aft
®
Tigard,Oregon 9
a
a
*Accounts Payable
w
AFFIDAVIT OF PUBLICATION
Q 4
STATE OF OREGON, as
COUNTY OF WASHINGTON, )
I, Kathy Snyder
being first duly sworn, depose and say that 1 am the Advertising
Director, or his principal clerk, of the 11 gard-T ua 1 ati n Times
a newspaper of general circulation as defined in ORS 193.010
and 193.020; published at Tigard in the
aforesaid county and state; that the
City Council M ing
a printed copy of which is hereto annexed, was published in the
entire issue of said newspaper for ONE successive and
consecutive in the following issues:
August 5,1999
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Subscribed and sworn to e{e me this Sth clay of AUQ1LSt,1999
0 OFFICIAL SEAL
ROBIN A. ttiUA0E88
N ry Public for Oregon NOTARY PUBLIC-OREGON
COMMISSION NO. 052071
My Commission Expires: MY COMMISSION EXPIRES MAY 18, 2001
AFFIDAVIT
COMMUNITY NEWSPAPERS, INC. Legal !4
P.O. BOX 370 PHONE (503) 684-0360 Notice TT 9 4 5 7 f
BEAVERTON, OREGON 97075
Legal Notice Advertising
OCity of Tigard
131.25 SW Hall Blvd.
®Tigard,Oregon 97223
OAccounts Payable
a
0
0
O Tearsheet "
AFFIDAVIT OF PUBLICATION'.
'gas
STATE OF OREGON, ) a~7 4
COUNTY OF YVASHINGTON, )ss' "It
being first duly sworn, depose and say that I am the Advertising.
Director, or his principal clerk, of theTJ gnrd-m ,a 1 nt i n mes
a newspaper of general circulation as defined in ORS 193.010
and 193.020; published at Tigard in the
aforesaid county and state; that the
Prooosed B1da.Permit Fee Increase
a printed copy of which is hereto annexed, was published in the
entire issue of said newspaper for ONE successive and
consecutive in the following issues:
Julv 22,1999
Subscribed and sworn to
My Commission Expires:
AFFIDAVIT
ca p
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ROBIN A. BtM0
' Not Public for Oregon NOTARY PUBLIC-OREGON
COMMISSION NO. 062071
MY COMMISSION EXPIRES MAY 16, 2001
CRY OF TIGAR®, OREGON
AFFIMA'j!T OF POSTING
In the Matter of the Proposed
STATE OF OREGON )
County of Washington
City of Tigard )
-4-hVA being first duly swam, on oath, depose
and say:
That 1 posted in the following public and co spicuous places a p Notice of
Special Meeting for the Council Meeting dated
a copy of said notice bein hereto attached and by refs nog made a part hereof on the
1e.. day of 1$%tsA - 1990L.
- 1Q-
Subscribed and sworn to before me this
Notary Public for Oreg
My Commission expires: --0a`'
tZFIFICUU. SEAL
DEMIER.ADAMM
NOTARY PUeLIC•OREGON
COMMISSION NO. 310788
AbY COUMISSION EXPIRES MAR. 22, 2002
h:\!oQln\cathy\cnffpostt
CIT-sC OF TIGARD, OREGON
ORDINANCE NO. 99- -2 Z
A ZONE ORDINANCE AMENDMENT (ZOA 1999-00002) TO AMEND PROVISIONS OF THE
COMMUNITY DEVELOPMENT CODE BY ADOPTING CLARIFYING AMENDMENTS TO
SECTIONS 18.340.020.G., 18.390.040.F., 18.390.040.G.2.c., 18.390.040.H., 18.390.050.6.,
18.390.080.A..l.d., 18.620.010.B., 18.810.020.A., 18.810.020.E., 18.810.030.A., 18.810.070.A.,
18.810.080.A. AND 18.810.110.A. & B. TO BETTER DEFINE FINAL DECISIONS, EFFECTIVE
DATES, APPEAL REQUIREMENTS, DEVELOPMENT CONFORMANCE, STANDARDS
APPLICABILITY, AND DEDICATION AND IMPROVEMENTS REQUIREMENTS.
-VHEREAS, the City of Tigard finds it necessary to revise the Community Development Code
periodically to improve the operation and implementation of the Code; and
WHEREAS, some of the wording in the Code could be termed ambiguous; and
WHEREAS, the City of Tigard is continually evolving its response to the 1994 Supreme Court decision
relating to dedication and "rough proportionality"; and
WHEREAS, the City of Tigard Planning Commission held a public hearing on July 19, 1999 regarding
the above listed amendments; and
WHEREAS, the City of Tigard Planning Commission voted to recommend the revised Code sections
shown in Exhibit "A"; and
WHEREAS, the City Council held a public hearing on August 10, 1999 to consider the amendments.
NOW, THEREFORE, THE CITY OF TIGARD ORDAINS AS FOLLOWS:
SECTION 1:
SECTION 2:
SECTION 3:
PASSED:
APPROVED:
The proposed amendments are consistent with all relevant criteria based on the facts and
conclusions noted in the attached staff report (Exhibit B).
The specific text amendments attached to this Ordinance are hereby adopted and
approved by the City Council.
This Ordinance shall be effective 30 days after its passage by the Council, signature by
the Mayor and posting by the City Recorder.
By fl C rlI MO U S vote of all Council members present after being read by
number and title only, this JD e-7g' day of'1999.
By Tigard City Council this !D
APPROVED AS TO FORM:
y tto ey
ORDINANCE NO. 99-24~-
Page I of I
fE7Ci61 BUT A
2E)RAFT
TIGARD COMMUNITY DEVELOPMENT CODE
PROPOSED REVISIONS
REDLE-40STRIKEOUT VERSION
SECTION 1: Subsection 18.340.020.6. of the Tigard Community Development Code is
amended to read as follows:
G. Final decisionleffective date. The decision of the City Council on
an appeal of a Director Interpretation shall be final when f uc:&NO We ti~stx it-is mailed to the applicant, r s t ac
if an appeal is
filec t
jurisdiction.
SECTION 2: Subsection 18.390.040.F. of the Tigard Community Development Code is
amended to read as follows:
F. Final decision and effective date. A Type II Administrative Decision is
final for purposes of appeal when tar? rteci s dtI it-is mailed. A
Type II Administrative Decision ? III ~S ineffective on the day after the
appeal period expires, If an appeal is filed the
uesS'ni<p';;;.e.
SECTION 3: Subsection 18.390.040.G.2.c. of the Tigard Community Development Code is
amended to read as follows:
C. Appeal procedures. Type III notice and hearing procedures shall be used
for all Type H Administrative Appeals, as provided in Sections 18.390.050
C-G .
SECTION 4: Subsection 18.390.040.H. of the Tigard Community Development Code is
amended to read as follows:
H. Final decision and effective date. The decision of the Hearings Officer with
regard-to any appeal of a Type II a -decision is the final
decision of the City ad;Sirari.?chgain #hay natele
is; na~ted
puiposes ofappeal on the day the deci:*-an is mailed. The decision-is
Page 1
DRAFT
1PUR e, on the day afte,
- the appeal pe
:
"
i
i
tiod expires uttless an appeal'
is
,
i
s
-
on
filed. ffan
aFPo~'
s effective 011-IILV-
SECTION 5: Subsection 18.390.050.6. of the Tigard Community Development Code is
amended to read as follows:
G. Final decision
The decision ofthe 1"Mvie-M Authority is effective on
day after the -app C 4-1 peri U %M1311 es. if an appeal is filed, t
decision becomes effective on the day afte, tire appeal
SECTION 6: Subsection 18.390.080.A.1.d. of the Tigard Community Development Code is
amended to read as follows:
d.
"Effective date" means the date on which a particular action or
decision may be undertaken or otherwise implemented.
Page 2
Typically, an action oi de6sion will become effective on the day
afte, its appeal pe6od has run or, if tit a!, on the day
afte, the appeal is resolved.-
DRAFT
SECTION 7: Subsection 18.620.010.B. of the Tigardd [_`o ,amity Development Code is
amended to read as follows:
B. Development ~nformanc& All new developments, including remodeling
and renovation projects resulting in Jiffi t1 ? non-single family
residential use, are expected to contribute to the character and quality of
the area. In addition to meeting the design standards described
p. below-and other development standards required bY the
a ter
t developments will be
puny Development and Building Codes,
10
required to:
%.:i F'% f yi if},.'.i:•:::r yr Firi.:
Dedicate and improve public streets, gip;:#tfary<ltt>'t!
' Y.r•• •:l..ii iiyri/ F:. r~fJ,.C%}f,.,+.:F{~:j'l,.%::!/ JFfr.liryi yli..% f!>:ji~•i ry:Jii+"S'F,.:!
+r...:ry :w: i f
atd(llfifilITlpf4tc~rt~,td 31]gbly
Y %::r. x;r.'.::::?::yu:^:%{': ~~%%;'k7.:°,:'..:> y/.;:f::%'/.•;;s:.,.Fr •;:r •uv •.R..: ••..~rry::':• :.w~i ~.3.yF.n,::•%.•:.,
piapc~ftxonal•~a azt,.p~~ 4~;t~~;~ev~a~rnets~,
Connect to public facilities such as sanitary sewer, water and storm
drainage; and
3. Participate in funding future transportation and
imnrnvement nroiects 1A within he Tigard Tria
SECTION 8: Subsection 18.810.020.A. of the Tigard Community Development Code is
amended to read as follows:
A. When standards apply. Unless otherwise provided, thestandard
specificatio.ts•forconstruction, reconstruction or repair of streets,
sidewalks, curbs, and other public improvements within the hall occur
in accordance with the standards of this title. No development may occur
lic facilities
unless the ub
public
.px
related to development comply with the public facility requirements
established in this section ArI%qutu69ic;fC~lc5 irexadfi~l.
SECTION 9: Subsection t8.810.030.A. of the Tigard Community Development Code is
amended to read as follows:
A. Improvements.
1. No development shall occur unless the development has frontage or
Page 3
DRAFT
approved access to a public street.
2.
3.
4.
f:ri/.., .ter;%!.; .ryr. ~.~;rr.:,~St::'.r.:i•~;prrr ^:•Fi;r~.2ff.•::'!~'f!':ir.!Y.r~r.!~~fi~c'l/'if ~"/J~:%frr..;3::
prqusdl eet imprflvemenfi; the City Engineer may accept a future
improvement's guarantee in lieu of street improvements if one or
more of the following conditions exist:
a. A partial improvement is not feasible due to the inability to
achieve property design standards;
b. A partial improvement may create a potential safety hazard
to motorists or pedestrians;
C. Due to the nature of existing development on adjacent
properties it is unlikely that street improvements would be
extended in the foreseeable future and. the improvement
associated with the project under review does not, by itself,
provide a significant improvement to street safety or
capacity;
d. The improvement would be in conflict with an adopted
capital improvement plan;
e. The improvement is associated with an approved land
partition on property zoned residential and the proposed
land partition does not create any new streets; or
f. Additional planning work is required to define the
appropriate design standards for the street and the
application is for a project which would contribute only a
Page 4
Any new street or additional street width planned as a portion of an
existing street shall
sryv~rrr ~ 1.:rf!//.HSF ,N„NIY'!!HY~ a %f'~~ ~~ar .
t1tis~GOde rr ix s:;d3 t5< ! :
..wx.vrxxnvxrnrrr..wrxnvrmvnvnvxr xgvxr..v.
CRAFT
minor portion of the anticipated future traffic on the street.
A.
7.
eNeeptien to the
stems` e e e
"MOR In evaluating the
1i^ benefits spa.. qr~ t o , the approval authority
shall consider the criteria listed in Section 18.810.030.E.1 WE
i~ ECTION 10: Subsection 18.810.070.A. of the Tigard Community Development Code is
amended to read as follows:
A.
4- both id of Ft ial an 1 eelleeter- streets s 1, built at the time of
aFee . struetion
2, On both sides of all other streets and in pedestrian easements and
Page 5
impfevements to streets shall -be made aeoler-ding to adopted Gity
standar-dswill result in an unaseeptable -.4-- -
featuEes sush as wetlands, steep slopes eF existing ure-trr-
'DRAFT
Alluftction with-de- - - . ~r--r~--.+7
and SECTION 11: Subsection 18.810.080.A. of the Tigard Community Development Code is
amended to read as follows:
A. Dedication Requirements
Where a proposed park, playground or other public use shown in a
deveiopment plan adopted by the City is located in whole or in part
in a subdivision, the Commission may require the dedication or
Yii;??:{iii:v.'•.:'.<::%!'?ilNTj; ~:l:.•Un;{:;.
reservation of such area within the subdivision_sarrflitlP~€:#liaffi'z±
2. Where considered desirable by the Commission in accordance with
adopted comprehensive plan policies, and where a development
plan of the City does not indicate proposed public use areas, the
Commission may require the dedication or reservation of areas
within the subdivision or sites of a character, extent and location
suitable for the development of narks M and-other nnhlir. ime.
SECTION 12: Subsections 18.8 10.11 O.A. and B. of the Tigard Community Development
Code are amended to read as follows:
A. Bikeway extensign. Developments adjoining proposed bikeways identified
on the City's adopted pedestrian/bikeway plan shall include provisions for
the future extension of such bikeways through dedication of easements or
B. Cost of construction. Development permits issued for planned unit
developments, conditional use permits, subdivisions and other
developments which will principally benefit from such bikeways shall be
conditioned to include the cost or construction of bikeway improvement
aril
Page 6
DRAFT
SECTION 13: The Tigard Community Development Code is amended by adding a new
subsection 18.810.020.E. to read as follows:
gff\acm1900241codeamend.td 1(6/4/99)
Page 7
EXHIBIT B
Agenda Item: $Z
Hearing Date: July 19. 1999
SECTION I: APPLICATION SUMMARY
FILE NAME: CL ARiFriNG AMENDMENTS RELATNO TO FINAL DECISIONS,
EFFECTIVE DATES, APPEAL REQUIREMENTS. DEVELOPMENT
CONFORMANCE. STANDARDS APPLICABILITY, AND
DEDICATION AND IMPROVEMENTS REQUIREMENTS.
CASE: Zone Ordinance Amendment ZOA 1999-00002
PROPOSAL: The City of Tigard proposes clarification amendments to the Tigard
Community Development Code language in Sections 18.340.020.G.,
18.390.040.F., 18.390.040.G.2.c., -15.390.040.H., 18.390.050.G.,
18.390.080.A.1.d., 18.620.010.B., 18.810.020.A., 18.810.020.E.,
18.810.030.A., 18.810.070.A., 18.810.080.A: and 18.810.110.A. & B. to
better define Final Decisions, Effective Dates, Appeal Requirements,
Development Conformance, Standards Applicability, and Dedication
and Improvements Requirements.
APPLICANT:
City of Tigard
13125 SW Hall Boulevard
Tigard, Oregon 97223
OWNER: N/A
ZONING
DESIGNATION:
LOCATION:
APPLICABLE
REVIEW
CRITERIA:
N/A
Citywide
Statewide Planning Goals 1, 2, 3 and 11; Tigard Comprehensive Plan
Policies 1.1.1.a., 2.1.1, 2.1.3, 7 and 8; and Community Development
Code Sections 18.380.020 and 18.390.060.G.
SECTION II. STAFF RECOMMENDATION
7/19/99 STAFF REPORT TO THE PLANNING COMMISSION Page 1 of 3
ZOA 1999-000021CLARIFYING CODE AMENDMENTS
SECTION Ili BACKGROUND INFORMATION
City Staff has been working with the City Attorney's office to clarify ambiguities in
Development Code language relating to public improvements, effective dates and final
Oho 1-In-mAnno-O f ier
decisions. It c lariliesd t -r.1Y-p ei f:e~-w uS ........................,I.r.
c Ate. at '1Y-p- ---Juras
as was intended and written originally. Amendments to improvement requirements and
relative to dedication provide for greater assurance of compliance with Dolan.
Ordinance language.as drafted by the City Attorney's office is attached. Additions are
redlined and deletions shown by strikeout.
SECTION IV APPLICABLE REVIEW CRITERIA
The relevant criteria in this case are Statewide Planning Goals 1, 2, 3 and 11; Tigard
r`nmr%rnhancivA Pinn Pnlicies 1.1.1.a.. 2.1,1. 2.1.3, 7 and 8; and Community Development
Code Chapter 18.390.
The proposal is consistent with the applicable Statewide Planning Goals based on the
following findings:
1. Goal 1, Citizen Involvement, is met because the City has followed its adopted citizen
involvement program which involved review by its Citizen Involvement Team
structure, and public hearings as listed above. The City's Citizen Involvement
Policies in the Comprehensive Plan have been acknowledged to be in compliance
with Goal 1. Notice for all hearings was provided in the Tigard Times which
summarized and outlined the amendments being made to existing code provisions
and was done so for each pub!ic hearing. Copies of the ordinance drafts have been
available at least seven days prior to the hearings which follows Community
Development Code Procedure.
2. Goal 2, Land Use Planning, is met because the City- applied all relevant Statewide
Planning Goals, City Comprehensive Plan Policies and Community Development
Code requirements in review of this proposal.
3. Goal 3, Natural Features and Open Space are met because these policies call for
development control of floodplains and greenway areas and these provisions provide
a tool consistent with recent case law to assess the impact and need for.
improvements, re§ervations and dedication that is roughly proportional to the impact
of the development.
4. Goal 11, Public Facilities and Services and Goal 12 Transportation, are met because
the proposed measures assist in implementing the provision of public facilities and
services, and transportation facilities in a more timely, orderly and efficient manner to
provide better defined levels of service improvements consistent to the impacts of
those developments.
7/19/99 STAFF REPORT TO THE PLANNING COMMISSION Page 2 of 3
ZOA 1999-00002/CLARIFYING CODE AMENDMENTS
The proposal is consistent with the City's acknowledged Comprehensive Plan based on the
following findings:
1. Policies 1.1.1.x. and c. are satisfied because the proposed code changes are
consistent with Statewide Planning Goals as indicated above and the changes help
to keep the development code current with local needs and recent case law.
2. Policies 2.1.1 and 2.1.3 are satisfied because the proposal has been reviewed at
public hearings and through the City's Public Involvement process.
3. The proposed changes are consistent with the provisions of Comprehensive Plan
Policies 7, Public Facilities and Services and 8, Transportation which call for ensuring
that as a precondition to development, developments coincide with the availability of
adequate services and that development is to provide streets and right-of-way
consistent with City standards. The proposed changes clarify ambiguities in existing
code language that will help to assure compiiance with Doian.
4. Community Development Code Section 18.390.060.G. which establishes procedures
for legislative code changes is satisfied according to the above findings. No other
applicable Metro, federal or state regulations apply.
SECTION V OTHER STAFF COMMENTS
The City of Tigard Engineering Department, Police Department, and Building Division
have reviewed the proposal and have offered no comments or objections.
SECTION VI. AGENCY COMMENTS
GTE, NW Natural Gas Co., Cablevision, PGE, Metro Area Communications, US West
Communications, Tri-Met Transit Development, Washington County Dept. of Land Use
& Transportation, Metro Area Boundary Commission, Oregon DLCD, ODOT and
members of the Citizen Involvement Teams have all had the opportunity to review the
proposal and have offered no comments or objections.
No other comments have been received.
PREPARED BY: Richard I
Planning
6/30/99
DATE
7119/99 STAFF REPORT TO THE PLANNING COMMISSION Page 3 of 3
ZOA 1989-00M21CIARIFYING CODE AMENDMENTS
AGENDA ITEM NO: 2 -VISITOR'S AGENDA DATE : AUGUST 10,1999
(Limited to 2 minutes or less, please)
Please sign on the appropriate sheet for listed agenda items. The Council wishes to hear from you on other issues
not on the agenda, but asks that you first try to resolve your concerns through staff. Please contact the City Manager
prior to the start of the meeting. Thank you.
STAFF CONTACTED
NAME, ADDRESS & PHONE TOPIC
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AGENDA ITEM! No. 5 Date: AUGUST 1®,1999
PUBLIC HEARING (LEGISLATIVE)
TEMPORARY SIGN ORDINANCE AMENDMENT
\\TIG333\USR\DEPTSWDMCATHY\TESTIMONY SHEETMOC
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AGENDA ITEM No. 5
i'LE HaG am%
11 Name, Address & Phone Na. 11 Name, Address & Phone No. 11 Name, Address
11 Name, Address & Phone No. 11 Name, Address & Phone No. 11 Name,
Address & Phone No. 91 Name, Address
Name, Address & Phone No. 11 Name, Address
No. 11 Name,
No. M Name,
No.
& Phone No.
& Phone No.
one No.
AGENDA ITEM No. 6 Date: AUGUST 10, 1999
PUBLIC HEARING (LEGISLATIVE)
BUILDING FEES INCREASE
\\TIG333\USF;'%DEPTS\ADM\CATHY\TESTIMONY SHEET.DOC
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AGENDA ITEM No. 7 Date: AUGUST 10, 1999
PUBLIC HEARING (LEGISLATIVE)
COMMUNITY DEVELOPMENT CODE AMENDMENTS
\\TIO333\USR\DEPTS\ADMACATHY\TESTIMONY SHEET,DOC
AGENDA ITEM No. 7
PLEASE PRINT
-Proponent - S eakin In Favor Opponent - (Speaking Against) Neutral
Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No.
Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No.
Name, Address &P-hone No. Name, Address & Phone No. Name, Address & Phone No.
Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No.
Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No.
Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No.
vfz~,i'~oe-s ag-e "d k
C1
TIGARD WATER DISTINCT
g/10144
.111Z
8777 S.W. BURNHAM ST.
P.O. BOX 230000
TIGARD, OREGON 97281-1999
PHONE (503) 639-1554
August 3, 1999
Mayor Jim Nicoli
City of Tigard
Tigard, OR 97223
Re: long term water source decision
Dear Mayor Nicoli:
The cities of T;--i K;.,.. r o- n-,rham anti the oiniflCllmnrAfO[l area Qerved by the Tigard Water
.a..., . ...t, , ,
District (TWD), entered into the Intergovernmental Water Agreement (Agreement) in 1994. The
Agreement provides that a decision regarding a long term water source for the district shall be made
by the members of the Intergovernmental Water Board (IWB), made up of representatives of each
entity. A vote of three members of the board constitutes a binding majority.
On March 29, 1999 the TWD voted for the Willamette option. The cities of King City and Durham
chose the Willamette option on March 30 and April 7, 1999 respectively. In mid-early April the
IWB voted to adopt the Willamette River option. In early June, Citizens for Safe Water (Citizens)
submitted valid signatures to Tigard for an initiative which would require a vote of the citizens of
Tigard before the city could go to the Willamette for its water source.
Should this initiative pass and the voters refuse to vote to go to the Willamette River, this decision
would put the City in default under the Intergovernmental Agreement. Tigard's failure to participate
in the purchase of the Wilsonville property, construction of the water treatment plant, transmission
pipe lines and operation of the plant would result in damages in excess of 25 million dollars to TWD
ratepayers for separation of the systems.
It is the opinion of legal counsel that there are a number of flaws in the proposed initiative, which
would make it unenforceable. The TWD requests that the City of Tigard take all necessary steps to
stop any barriers to proceeding with the Willamette option. Should Tigard fail to proceed with the
Willamette option, the TWD will initiate legal action against the City, to protect its ratepayers from
the results of the City of Tigard's default.
Your prompt attention to this letter is required.
Very truly yours,
NORMAN PENNER, CHAIR
NP/gb
cc: Tigard City Councilors
IWB Reps - Mayor Jan Drangshelt, Bill Schciderich, Patrick Carroll, Gretchen Buchner
r~ T AINS ITT°AL
Date August 5, 1999
Number of pages including cover sheet 3
To:
Co:
Honorable Mayor & City Council
From: Cathy Wheatley City Recorder
Co: City of Tigard
Pew 41• RRd-7907
Ph 639-4171. Ext. 309
SUBJECT: Letter from TWD Regarding Long-Term Water Source
MESSAGE:
Here is material that will be the subject of a visitor's agenda presentation on 8/10/99.
1.%ENG%FAX,OOT
Aug-OS-99 10:1SA Gretchen E. Buehner
GRETCHEN E. BUEHNER
ATTORNEY AT LAW
P.O. Box 1233
Portland, Or 97207-1233
7' 1GARD
(503) 684-1031
FAX (403) 684-1437
FACSIMILE TRANSMISSION
TO: Cathy
City of Tigard
FAX NO: 684-7297
FROM: GRETCHEN HUEHNER
DATE: 8/5/99
RE: TW D
This is page one of _
MESSAGE:
Cathy:
SYLVAN
(1-903) 297-4548
FAX (:503) 292=2466
Please put a copy of this letter in the packet of each councilor for the meeting on Tuesday_
Norm Penner and 1 will be formally presenting the letter at the council meeting, but want all of
the Council to have a copy up front-
Thanks so much.
Gretchen Buchner
IF YOU DO NOT RECEIVE ALL OF THE PAGES, PLEASE CALL 684-1031.
This fact(mlle tcu==ntvakm contains confidential KsWor prkllcged Information !hunt the dre orf.rexchen L liuehner, ittt W4cd onhr
for the use of t1w Individual(s) named *a the trawmf*4m thect if yna ate not the Intended mciplent, you are hereby nutlf6cd that
aay ilsckwvre, copytn%, dUedbutkm or the taklnt of any actsm pt r+tllance on We contents of thin facsl"Mc troasmisslon k !It{r -
ptoMbltat. if yon hove rmdved this trptuntlsslon in error, pkasc notify rt by tclphoae frarnedlytcb, so that we eC*n arrange for the
return or the documents to us at no cost to you.
P-O1
Aug-05-99 10:16A Gretchen E- Buehner-
'ICIGAItD WATER DISTRICT
C
August 3, 1999
Mayor Jim Nicoli
city of Tigard
Tigard, OR 97223
Re: long term water source decision
Dear Mayor Nicoli:
P -102
8777 S.W. BURNHAM ST.
N.O. BOX 230000
'"GARD. OREGON 97281- (999
P11ONE 15113) 639-1554
The cities of Tigard, King City, Durham and the unincorporated area served by the Tigard Water
District (TWD), entered into the intergovernmental Water Agreement (Agreement) in 1994. The
Agreement provides that a decision regarding a long term water source for the district shall be made
by the members of the intergovernmental Water Board (IWB), made up of representatives of each
entity. A vote of three members of the board constitutes a binding majority.
On March 29, 1999 the TWD voted for the Willamette option. The cities of King City and Durham
chose the Willamette option on March 30 and April 7, 1999 respectively. In mid-early April the
IWB voted to adopt the Willamette River option. In early June, Citizens for Safe Water (Citizens)
submitted valid, signatures to Tigard for an initiative which would require a vote of the citizens of
Tigard before the city could go to the Willamette for its water source.
Should this initiative pass and the voters refuse to vote to go to the Willamette River, this decision
would pat the City in default under the Intergovernmental Agreement. Tigard's failure to participate
in the purchase of the Wilsonville property, construction of the water treatment plant, transmission
pipe lines and operation of the plant would result in damages in excess of 25 million dollars to TWD
ratepayers for separation of the systems.
It is the opinion of legal counsel that there are a number of flaws in the proposed initiative, which
would make it unenforceable. The TWD requests that the City of Tigard take all necessary steps to
stop any barriers to proceeding with the Willamette option. Should Tigard fail to proceed with the
Willamette option, the TWD will initiate legal action against the City, to protect its ratepayers from
the results of the City- of Tigard's default.
Your prompt attention to this loiter is required.
Very truly yours,
NORMAN PFNNER, CHAiIt
N P/gb
cc: Tigard City Councilors
IWB Rcps - Mayor San Drangshch, Bill Schcidcrich, Patrick Carroll, Gretchen Buchner
ILRJ V i/ 1
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JO°CE PATTON
KEN SCHECKLA
BRIAN MOORE
PAUL HUNT
JIM NICOLI
AGENDA ITEM #
FOR AGENDA OF
CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUMMARY
54t-Ay
SASS ibyn
August 10. 1999
ISSUFJAGENDA TITLE Annual Review of Council Groundrules
PREPARED BY: William Monahan DEPT HEAD OK (f1-T-Y MGR OK
ISSUE BEFORE THE COUNCIL
On Page 6 of the established Council Ground_ules, it is stated that annually in July or August the Council
Groundrules are submitted to Council for review. The question before Council is as follows: Is there any need
for the Council to revise and update the Council Groundrules (Resolution 98-48 and Resolution 99-33)?
STAFF RECOMMENDATION
Staff recommends that Council review Resolution 98-48, as amended by Resolution 99-33, and determine if any
revisions to the Council Groundrules are necessary.
INFORMATION SUMMARY
Periodically, the City Council reviews and revises the Council Groundrules. In 1998, Resolution No. 98-48 revised
Council policy superseding prior Council Groundrules. Resolution No. 98-48 states that annually the Council will
review Council Groundrules in either July or August. In addition, the Groundrules can be reviewed and revised at
any time of the year when a specific issue is identified, requiring action.
During the May 11, 1999 Council meeting, Council discussed revising two sections of the Groundrules which
apply to Conduct of City Meetings. The Council revised those sections by adopting Resolution 99-33 on June 8,
1999.
When the most recent changes were made in June, Council was advised that in accordance with the established
Groundrules, a time for review of the Groundrules would be set for either the July or August Workshop meeting of
Council.
The time has come for Council to suggest any additional changes that are needed to the Groundrules.
OTHER ALTERNATIVES CONSIDERED
Make no changes to the Groundrules.
VISION TASK FORCE GOAL AND ACTION COIyMITTEE STRATEGY
None.
FISCAL NOTES
None.
I: W OMUOWNDRULESSUM.000. DOT
CITY OF TIGARD, OREGON
RESOLUTION NO. 99- 3
A RESOLUTION REVISING THE POLICY OF THE CITY COUNCIL REGARDING COUNCIL
GROUNDRULES AND AGENDA PROCESS.
WHEREAS, the Tigard City Council periodically reviews Council Groundrules; and whereas, the City
Council on May 11, 1999, directed that two changes be made to the section of Exhibit "A" of the City
Council Groundrules and Agenda Summary; and whereas, it is the desire of the City Council to make the
changes discussed and to supercede the previous Resolution, which revised the Council Groundrules.
NOW, THERE--FORE, BE IT RESOLVED by the Tigard City Council that:
SECTION 1: The City Council hereby revises the Council Groundrules as described in Exhibit "A"
attached.
PASSED:
ATTEST:
This day of
4A65~-- A
1999. _e_- City Recorder - City of Tigard
i-. citywideNamend council groundntles res.dot
RESOLUTION NO.99
Page 1
EXHIBIT "A"
Resolution No. 99-
CITY COUNCIL GROUNDRULES AND AGENDA PROCESS
The following information is intended to assist with preparation for and the conduct of
City Council meetings. The City Charter, Article IV, Section 13, contains regulations that
govern Council meetings. The Groundrules describe the process followed by Council in
scheduling and conducting meetings.
Council/Mayor Roles
The Mayor, or in the absence of the Mayor, the Council President, shall be the
Presiding Officer at all meetings. The Presiding Officer shall conduct all meetings,
preserve order, enforce the rules of the Council and determine the order and length
of discussion on any matter before the Council, subject to these rules. The
Presiding Officer may move, second, debate and vote and shall not be deprived of
any of the rights and privileges of a Councilor. The Presiding Officer shall sign all
ordinances, resolutions, contracts and other documents, except where authority to
sign certain contracts and other documents has been delegated to the City Manager
and all documents shall be attested to by the City Recorder. The Mayor shall
appoint the committees provided by the Rules of Council.
• In all other actions, decisions and other matters relating to the conduct of business
of the City, the Mayor or President shall have no more or less authority than any
other Council member. For the purposes of this written procedure any reference to
the Council (unless otherwise specifically noted to the contrary) will include the
Mayor, President and Council members.
Conduct of City Meetings
• Council will meet at least once a month. Regularly scheduled meetings shall be on
the second, third, and fourth Tuesdays of each month.
• The Council meetings on the second and fourth Tuesdays are "Business" meetings;
the Council meetings on the third Tuesday of the month are "Workshop" meetings
unless otherwise designated by the City Council.
• Unless specifically noted otherwise, the meetings of Council shall begin at 6:30 p.m.
at the established place of meeting. On the second and fourth Tuesdays the
meetings will begin with a Study Session following by the Business meeting. On the
third Tuesday, the Workshop meeting will begin at 6:30 p.m.
• Roll Call/Voting Order: The roll shall be called'in alphabetical order by last name. At
each succeeding meeting at which a roll cal! vote is taken, the council person who
voted last during the previous meeting, shall vote first and the Council person who
voted first during the preceding meeting shall vote second and so on in a rotating
fashion. It is the intent that the voting order remain fixed for each meeting and that a
different Council person shall vote last during each separate meeting for the duration
of the meeting.
• The Chair, or other members if the Chair fails to remember, shall call for a Point of
Order at or around 9:30 p.m. [ 10 .1 to review remaining items on the agenda
with the Council. The Council may reset or reschedule those items, which it feels
may not be reached prior to the regular time of adjournment.
The Council's goal is to adjourn prior to 10 p.m. [44-p-.FA ] unless extended by
majority consent of all Council member then present. If not continued by majority
consent, then the meeting shall be adjourned to either the next scheduled meeting
or the meeting shall be continued to a special meeting on another date.
• nPfinitignc - MPPtinci Tvnpc, Sti Ov Raccinns anti Pvani itiva RPCCinnC-
> BUSINESS MEETINGS: Business meetings are regular meetings where
Council may deliberate toward a final decision on an agenda item
including consideration of ordinances, resolutions & conducting public
hearings. Business meetings are open to the public. The first business
meeting on each month is usually televised.
Business meetings are generally scheduled to begin at 7:30 p.m. with a
study session preceding the Business Meeting at 6:30 p.m. Study
Sessions are a workshop-type of meeting (see definition below) which
also provide an opportunity for the Council to review the business
meeting agenda and to ask questions for clarification on issues or on
process. Study Sessions are open to the public.
All Council meetings are open to the public with the exception of
Executive Sessions. Executive Sessions can be called under certain
circumstances and topics are limited to those defined by ORS 192.660.
The "Visitor's Agenda" is a regular feature on the Council
Business meetings. This item will be placed near the beginning of
the Council Agenda to give citizens and visitors a chance to
introduce a topic to the City Council. Council may decide to refer
an issue to staff and/or schedule the topic for a later Council
meeting.
> WORKSHOPS MEETING: Workshop meetings are regular meetings
where Council reviews and discusses a9 nda topics with no intent of
deliberating toward a final decision during the meeting. Workshop
meetings are not scheduled to be televised but are open to the public.
Workshop agenda items are generally topics which Council is receiving
preliminary information and providing direction for further analysis and
staff information gathering for a later business meeting. Workshop topics
may also include discussions with standing boards and committees, as
well as other governmental units.
2
Appropriate topics for Workshop meetings include:
Introduce a Topic: Staff will bring up new items to determine
whether Council wants to entertain further discussion and whether
to schedule the topic as an item on a future agenda.
Educational Meetings: Council will review research information
presented by staff, consultants, or task forces - usually as'a
process check; i.e. is the issue on the right "track"?
Meet with individuals from City boards and committee$ or other
jurisdictions to discuss items of common interest (examples:
other Councils, the School District, and other officials).
Administrative Updates: Items such as calendar information,
scheduling preferences, process checks.
> STUDY SESSIONS: Study Sessions precede or follow a Business
Meeting or Workshop Meeting. As stated above, they are conducted in a
%A1 -l-Me se"ina to provide an opportunity for Council to review the
Business Meeting Agenda and to ask questions for clarification on issues
or on process. Information is also shared on items that are time
sensitive. During Study Sessions, any Council member may call for a
Point of Order whenever he or she wishes to stop the "discussion"
because he or she feels that it is more appropriate for the City Council to
discuss the matter during the Council meeting. If a Point of Order is
raised, the City Council will discuss the Point of Order and determine
whether the "discussion" should continue on to be held during the Council
meeting. The decision on whether to continue the "discussion" or not
shall be determined by the majority vote of the Council members present.
If Council discusses a Council Agenda Topic in a Study Session prior to a
Council meeting, either the Presiding Officer or Ciry Manager will briefly
state at the introduction of the Agenda Topic, the fact that Council
discussed the topic in the Study Session and mention the key points of
the discussion.
> EXECUTIVE SESSIONS: Meetings conducted by the Council, City
Manager, and appropriate staff in a setting closed to the public for
deliberation on certain matters. Executive Sessions maybe held during a
regular, special or emergency meeting after the presiding officer has
identified the authorization of ORS for holding the Executive Session.
Among the permitted topics are employment of a public officer,
deliberations with the persons designated by the Council to carry on labor
negotiations, deliberations with persons designated to negotiate real
property transactions, and to consult with legal counsel regarding current
litigation or litigation likely to be filed.
Policy Regarding Interrelationships Between the City Council and Its Appointed
Commissions Boards or Committees (,hereinafter referred to as "Boards")
3
• The Council shall follow the Procedure for Recruitment and Appointments to Boards
and Committees established in Resolution No. 95-60.
• Appointments to any committees not covered by Resolution No. 95-60 shall be
made following the procedure provided within the Resolution or Ordinance, which
created the committee.
• Appointments to intergovernmental committees shall be made by Council Action.
• Appointments of Council members to internal City committees as the Council Liaison
shall be made by the City Council.
. It is Council policy to make known to the public, by notice in the Cityscape, of the
occurrence of vacancies on City boards for the purpose of informing persons who
may be interested in appointment.
• Council will entertain regular representation by persons outside the City on those
boards, which provide for such non-city membership.
• The Mayor and one Council member will serve on the Mayor's Appointment Advisory
Committee for the purpose of interviewing and recommending potential board
members. Council members will serve on this Committee with the Mayor on a
rotated basis for a term of six months. Terms shall begin January 1 and July 1.
Communications Between Ci!y Councilors City Manager and Staff
• Councilors are encouraged to maintain open communications with the City Manager,
both as a group and individually in one-on-one sessions.
• Councilors are encouraged to direct'.nquiries through the City Manager, giving as
much information as possible to ensure a thorough response.
• In the absence of the City Manager, Councilors are encouraged to contact the
Assistant to the City Manager. In the absence of both the City Manager and the
Assistant to the City Manager, Councilors are encouraged to contact the Department
Head, realizing that the Department Head will discuss any such inquiries with the
City Manager.
• Contacts below the Department Head are discouraged due to the possible disruption
of work, confusion on priorities, and limited scope of response.
Council Aaend_ as and packet Information
The City Manager will schedule agenda items while attempting to maintain balanced
agendas to allow for discussion of topics while meeting the established 10 p.m.
44 p.m. adjournment. time.
4
The City Manager will schedule items allowing time. for staff research and the
agenda cycle deadlines.
. The agenda cycle calls for submittal of items 10 days in advance of a Council
meeting. Add-ons are to be minimized, and handouts distributed at the start of
meetings, except Executive Sessions.
Councilors and staff will prepare in advance of public meetings and issues should be
presented fully in packets.
Council is supportive of the role staff should play in offering professional
rcnnmmendations. Staff is aware of Council's right to make final decisions after
1+VV11
considering the staff recommendation, public input, the record and Council
deliberation on the matter.
H
a
c~
N
Communications Among Councilors
Councilors are encouraged to suggest agenda topics at the bench or to contaci ine
City Manager about scheduling an item into the Tentative Agenda.
. Add-on Agenda items should be brought up at the start of the meeting and generally
considered only if continuing to a later agenda is not appropriate.
Requests for legislative action of Council may be initiated by an individual Council
member during a Council meeting. The City consistent with resources and priorities, or refer request
the question of scheduling to
Council as a whole.
Communications With Community/General Public
Councilors and the General Public are reminded of the Agenda cycle and cut-off
dates. Administrative staff is available to explain how public issues are handled and
how citizen input may be accomplished.
"Official" communication should come through City Hall and be provided by the City
Manager. Direct submittal or inquiries to the Council or individual Councilors should
be referred to the City Manager or Councilors may ask the City Manager to look into
an issue.
® Official "press releases" are encouraged, both to assure accurate reporting and to
advise Council and Staff of the official position communicated to the press. Press
releases are through the City Manager's Office.
General
Councilors are always Councilors in the eyes of the Administration, never simply
private citizens. Thus, Councilors are always treated by Administration as Council
Members.
5
Information that "affects" the Council should go to Council. The City Manager is to
decide on "gray areas," but too much information is preferable to too little.
Budget cuts or increases are policy decisions. Budgets will not be cut "piece meal"
or "across the board," but rather should be made in service or program areas, giving
Staff full opportunity to provide data clearly defining the anticipated impact of the
action.
It is the policy of the Council that if Councilors are contacted regarding labor
relations during labor negotiations or conflict resolution proceedings, then Councilors
have no comment.
Councilors and the City Manager agree to report and discuss any contact, which
might affect labor relations with the entire Council in Executive Session.
The Council Groundrules will be submitted for review by Council each year either in
%er...1,e1,.,+, RA--inn The Groundrules can be reviewed and
LIIC JUI~/ vl r.uauaa • rv. • +r
revised at any other time in the year when a specific issue or issues are identified
requiring action prior to the established review period.
I;WDMI\CATFM000NCIL GROUNDRULES AS UPDATED JUNE 1999.DOC
6
AGENDA ITEM # i n
FOR AGENDA OF ~c
CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUMMARY
ISSLTE/AGENDA TITLE Request by the City of Wilsonville to withdraw from MACC
PREPARED BY: Elizabeth Newton 7 t[ ~ DEPT HEAD OK CITY MGR OK ct.- '
ISSUE BEFORE THE COUNCIL
Consideration of the City of Wilsonville's request to withdraw from the Metropolitan Area Communications Commission (MACC).
STAFF RECOMMENDATION
Review the attached information and resolution regarding Wilsonville's request to withdraw from MACC and if appropriate, direct
staff to schedule a vote on the resolution on the August 24, 1999 consent agenda.
INFORMATION SUMMARY
The Metropolitan Area Communications Commission (MACC) is recommending that its member jurisdictions take action to allow the
City of Wilsonville to leave MACC membership. Enclosed is a copy of MACC Resolution #99-04, recommending this action.
On June 7, 1999, the City of Wilsonville passed a resolution #1555 (copy enclosed) which formally requested that the remaining
MACC jurisdictions consent to their withdrawal from MACC, to be effective July 1, 1999. In their resolution, the City states their
reason for leaving is that they have "...the resources and staff capability to effectively monitor and enforce its franchise agreement
with its cable provider."
The MACC Intergovernmental Cooperation Agreement (IGA), does not allow jurisdictions to unilaterally leave MACC without first
obtaining the consent of the remaining members. Therefore, the City of Tigard, and the other thirteen MACC members, must all pass
the enclosed resolution in order for Wilsonville to withdraw.
The MACC Board has determined that Wilsonville's withdrawal from MACC, would not adversely affect the other member
jurisdictions, and would be in the public interest to allow jurisdictions to continue to move forward to address the important issues
facing the Commission and its members." MACC administration/regulation of the TCI franchise agreement for the remaining MACC
jurisdictions will not be negatively affected by this change.
"Questions and answers" prepared by MACC staff is attached, and MACC has been asked to attend the August 10, 1999 study session
to provide any additional information requested by Council.
OTHER ALTERNATIVES CONSIDERED
No action by City Council would prohibit Wilsonville from withdrawing from MACC.
VISION TASICFORC'E GOAL AND ACTION COMMITTEE STRATEGY
Not applicable.
FISCAL NOTES
Wilsonville's withdrawal from MACC would have no fmancial impact on Tigard.
OadmVirvMccO7299 AN
CITY OF TIGARD, OREGON
RESOLUTION NO. 99-
A RESOLUTION OF THE CITY OF TIGARD APPROVING THE REQUEST BY THE CITY OF
WILSONVILLE TO WITHDRAW FROM MEMBERSHIP IN THE METROPOLITAN AREA
COMMUNICATIONS COMMISSION.
WHEREAS, in 1980 the Metropolitan Area Communications Commission (hereinafter MACC) was
formed by Intergovernmental Agreement (hereinafter IGA) to enable its member jurisdictions to work
cooperatively and jointly on communications issues, in particular the joint franchising of cable services and
the common adminiauauon a-Lid reruiat'ion of such ui-aai-cnus agreements, and
WHEREAS, the City of Wilsonville is a member of MACC, having adopted an authorizing resolution as
contemplated by Section 7 of the IGA; and
=REAS, the 1GA requires, in Section &B, that a member may not uniiateraiiy withdraw from
membership in MACC unless said withdrawal is agreed to by all other parties to the IGA; and
WHEREAS, the City of Wilsonville, at their June 7, 1999 Council Meeting, adopted a resolution which
formally requested that the City be allowed to withdraw its membership in MACC; and
WHEREAS, the MACC Board of Commissioners has considered the impact of the requested action by
Wilsonville, and in particular, the anticipated impact of the proposed withdrawal on the ability of remaining
members of the Commission to fully and effectively maintain their joint, cooperative effort in furtherance
of the purposes of the IGA; and
WHEREAS, the MACC Board of Commissioners found that the withdrawal of the City of Wilsonville
would not adversely affect the other member jurisdictions, and that it would be in the public interest to
allow those jurisdictions to continue to move forward to address the important issues facing the
Commission and its members, and adopted Resolution number 99-04 (Exhibit A) recommending that
Wilsonville be granted permission to withdraw from membership in MACC;
NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council that:
SECTION 1: Consent be given to the City of Wilsonville to withdraw from membership in MACC
effective with the close of the fiscal year ending June 30, 1999.
SECTION 2: The consent granted by this resolution is qualified by each of the following conditions:
1. MACC staff has verified that each remaining member jurisdiction of MACC has
consented to the request from Wilsonville to withdraw from MACC.
2. An accounting of funds paid by and/or owed by Wilsonville as a result of its
membership in MACC during the fiscal year ending June 30, 1999, shall be made by
MACC staff and forwarded to the full commission for review and approval, or
RESOLUTION NO.99-_
Page 1
modification, at the next regularly scheduled meeting of the full commission. Such
accounting shall recommend an allocation of proceeds, which addresses the proposed
effective date of Wilsonville's withdrawal from membership.
PASSED: This day of
1999.
Mayor - City of T igard
ATTEST:
City Recorder - City of Tigard
1;1a&n%xVesol072W':. t
RESOLUTION NO.99-_
Page 2
RESOLUTION 99-04
A RESOLUTION RECOMMENDING THAT THE MACC MEMBER
JURISDICTIONS CONSENT TO THE CITY OF WILSONYILLE'S REQUEST
TO WITHDRAW FROM MEMBERSHIP IN THE CO1 r*1ISSION
WHEREAS, in 1980 the Metropolitan Area Communications Commission (hereinafter
MACC) was formed by Intergovernmental Agreement (hereinafter IGA) to enable its
member jurisdictions to work cooperatively and jointly on communications issues, in
particular the joint franchising of cable services and the common administration and
regulation of such franchise agreements, and
WHEREAS, the City of Wilsonville is a member of MCC, having adopted an
authorizing resolution as contemplated by Section 7 of the IGA; and
WHEREAS, the IGA requires, at Section 8.B that a member may not unilateraiiy
withdraw from membership in MACC unless said withdrawal is agreed upon by all the
other parties to the IGA; and
WHEREAS, the City of Wilsonville has formally requested that they be allowed to
withdraw from MACC effective June 30, 1999; and
WHEREAS, the full Commission, at its June 9, 1999 meeting, reviewed the City of
Wilsonville's request to leave MACC, has considered the impact of the requested action
by the City of Wilsonville, and in particular the anticipated impact of the proposed
termination on the ability of the remaining members of the Commission to fully and
effectively maintain their joint, cooperative effort in furtherance of the purposes of the
IGA; and
WHEREAS, the full Commission found that the withdrawal from membership by the
City of Wilsonville would not adversely affect the other member jurisdictions, and would
be in the public interest to allow jurisdictions to continue to move forward to address the
important issues facing the Commission and its members.
NOW THEREFORE BE IT RESOLVED BY THE BOARD OF
COMMISSIONERS OF THE METROPOLITAN AREA COMMUNICATIONS
COMMISSION AS FOLLOWS:
1) The Commission recommends that the member jurisdictions consent to the City of
Wilsonville's request to withdraw from membership in MACC. Said withdrawal, if
approved, should be conditioned upon the following requirement:
An accounting of the funds paid by and/or owed by Wilsonville as a result of its
membership in MACC during the current fiscal year ending June 30, 1999 shall be made
by MACC staff and forwarded to the full Commission for review and approval or
Resolution 99004, p. 2
modification at the next regularly scheduled meeting of the full Commission Such
accounting shall recommend an allocation of proceeds, which addresses the proposed
effective date of the City of Wilsonville's withdrawal from membership.
ADOPTED BY THE BOARD OF COMUSSIONERS OF THE M ETROPOI.UAN
AREA COMfMCATIONS COAUISSION thb 9t6i clay of June, 1999
Bill ammer, Chair.
WILSONVILLE, WITHDRAWAL FROM MACC
"QUESTIONS & ANSWERS"
We hope the following information will assist you in reviewing the MACC Board of
Commissioner's recommendation to consent to the withdrawal of the City of Wilsonville from
MACC.
Q 1. Why is the City-of Wilsonville leaving MMAACC?
Answer: According the resolution passed by the City, they feel that they now have the staff
resources and expertise to effectively monitor the TCI Franchise Agreement in-house.
Q2. Will.Wilsonville need. to negotiate anew Franchise with TCI as a result of their:
withdrawal? How will Wilsonville's withdrawal effective the Franchises held by the other
A 1"i"
...6 a j::.
Answer: Since all MACC jurisdictions hold individual franchises with TCI, Wilsonville's
departure from MACC will not affect the terms of their,TCI franchise, or the terms franchises of
the remaining MACC members. However, subscribers in the City of Wilsonville will no longer
be able to contact MACC with cable questionstcomplaints, and the City will need to negotiate
separately with TCI in the future on issues related to their individual franchise agreement.
Q 3. Who will administer/regulate the Wilsonville TCI Franchise?
Answer: The City of Wilsonville will, need to establish it's own TCI Franchise
administrationtregulation program, MA.CC, will no longer provide that service for them.
Q 4. Will the City of Wilsonville's withdrawal from MACC affect MACC's ability to
perform it's work for the other MACC jurisdictions?
Answer: No, except that MACC will no longer handle TCI Franchise matters for the City of
Wilsonvi'e including contacts from their citizens.
Q 5. Will the City of Wilsonville's withdrawal from MACC increase the costs for MACC
services for the remaining MACC ,jurisdictions?
Answer: No, your costs will not increase since MACC will not be providing services to the City.
In the last several years MACC has reduced its staff and operational costs by efficiently
managing it's operations and resources. We knew of Wilsonville's plans to withdraw from
MACC when we made the decision to return of a portion of our fund balance to jurisdictions and
to reduce our share of franchise fee revenues effective July 1, 1999.
We would be happy to answer any other questions you have.
RESOLUTION NO. 1556
A RESOLU'T'ION T MNA TINO WILSONVILI IS PARTICIPATION IN THE
METROPOLITAN AREA COMMUNICATIONS CON MISSION.
WHEREAS, in 1980, a number of jurisdictions in the Foreland metropolitan area
entered into an intergovertimcntal agreemew pursuant to ORS 190.003 to 190.110 to
cute the Metropolitan Area Communications Commission for the purposes of
negotia'Ung a joint cable television sazVice fiancaise agreement for the merdber
jurisdictions and enforcing the various provisions of that agreement; and
WHEREAS, this cooperative effort gave each member jurisdiction a level of
regulatory capability it could not have enjoyed individually; and
WHEREAS, in 1983, the City of Wilsonville, via City Council Resolution No.
342, joined the Metropolim Ana Cainmtmications Commission and has since remained
a member in good stead; and
WHEREAS, changes in federal law since 1983 have had the effect of severely
restricting local regulatory authority over cable television providers; and
WHEREAS, Wilsonville today enjoys the resources and staff capability to
effectively monitor and enforce its franchise agreement with its cable service provider as
well as those provisions of federal cable regulation still within the purview of local
government; and
WHEREAS, the City Council finds that the cost of continued membership in the
Metropolitan Area Communications Commission outweighs the benefits of membership
in the Commission;
RESOLUTION NO. 1556 PAGE 19F 2
NACity RCCQW0lR,eso1UdM%PC31536.d0C
NOW, THEREFORE, THE CITY OF WILSONVILLE RESOLVES AS
FOLLOWS:
1. The City of Wilsonville terminates its participation in the Metropolitan Area
Communications Commission effective July 1, 1999, pursuant to section 8-B of the
intergovernmental agreement (Exhibit A, Resolution No. 342) entered into by the
City on August 1, 1993; and
2. The City of Wilsonville requests that the staff of the Metropolitan Area
Communications Commission forward to the other :member jurisdictions of the
Commission a resolution ratifying Wilsonville's withdrawal from the Commission,
pursuant to sections 4.D and 8.B of the intergovernmental agreement.
ADOPTED by the Wilsonville City Council at a regular meting thereof this 71'
day of June, 1999, and filed with the Wilson ' Recorder
CHARLOTTE LEHAN, MAYOR
ATTEST:
Sandra C. Ding, CMC, City Recorder
SUMMARY OF VOTES:
Mayor Lehan Yes
-Councilor. Ilelser Yee
Councilor Barton Yes
Councilor Kirk Yes
Councilor Holt Yes
RESOLUTION NO. 1556 PAGE 2 OF 2
NACity RRtiidalFccsolasioas~RsslSS6.Q0e
AGENDA ITEM # Study Session
FOR AGENDA OF g) ! y 1 qq
CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUMMARY
ISSUE/AGENDA TITLE TVCA contract performance standards and Wilsonville's request to contract with
TVCA
PREPARED BY: Elizabeth Newton'M DEPT HEAD OK CITY MGR OK
ISSUE BEFORE THE COUNCIL
1) 1-vlACC's new contract with Tualatin Valley Community Access (TVCA) and performance standards that
JIIV Klu Vv u~v~ww.r w.
2) Wilsonville's request to contract with TVCA for cable access services.
STAFF RECOMMENDATION
1) Review attached information summarizing services TVCA will provide and suggested performance
standards and provide direction to staff.
2) Provide direction on Wilsonville's request to contract with TVCA for community access services.
INFORMATION SUMMARY
1) On August 18 the MACC Board will meet to discuss performance standards for the new contract with TVCA to
provide cable access services. Attached is a summary of the services TVCA will provide. Based on the
services, staff recommends performance standards be included that address the following:
• The number of chamber/community built-in television production systems that are installed.
• The number and type of customized workshops to promote PEG Access utilization and the
response/participation.
• The increase in live and taped government meetings.
• Efforts to introduce and assist with live interactive "Ask the Mayor and/or Council" programs.
• Number of outreach productions per jurisdiction, selected in consultation with each jurisdiction.
• Fundraising efforts.
• Expanded playbacks of meetings.
• A minimum of 18 hours a day/7 days a week of cable casting.
• Addressing identified community needs with specific programs.
Council should direct staff to present other areas that should be tied to performance standards.
2) The City of Wilsonville has indicated they may want to contract with TVCA for cable access services even
after they withdraw from MACC. Councilor Scheckla and I suggest that if the MACC Board decides to allow
TVCA to contract with Wilsonville for cable access services that all of the cost of those services be paid by
Wilsonville, that there is no subsidy from MACC or its member jurisdictions. This issue may be discussed at
the MACC Board meeting on August 18, 1999.
V ' I
OTHER ALTERNATIVES CONSIDERED
1) Add other items for TVCA performance standards.
2) Provide direction to staff on Wilsonville's potential request to contract with TVCA for cable access
services.
VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY
Community Character and Quality of Life - Volunteerism - Goal #2. "Citizen involvement opportunities will be
maximized by providing educational programs on process, assuring accessibility to information, providing
opportunities for input and establishing and maintaining a program of effective communication."
None
FISCAL NOTES
1:WmVIzUY=073M.doc
TUALATIN VALLEY COMMUNITY ACCESS
PE6 ACCESS SCENARIO E (Revises))
SUMMARY
Description
This scenario represents a baseline PEG Access Program including an increased
emphasis on Government Access services and programming, and some enhancement of
Educational Access outreach.
Highlights of Services
Media Access
New developments include phasing in council chamber/community built-in television
pruuucuun systems in i3 iocations throughout the MACC-TVCA service area over a four-
year period beginning in the fall of 1999. Includes upgrading the County's partially built-
in system.
Media Education
New developments include a series of customized Outreach Workshops to promote PEG
Access utilization by (1) local governments and (2) educators/schools. This scenario
continues the blended Public Access/Education Access approach to training (e.g. youth
and school groups participate in standard TVCA media literacy workshops in field/edit or
studio production and produce educational and/or community-oriented productions).
Media Production
New developments include:
(1) A greatly increased potential for live and taped government meeting coverage
throughout the MACC-TVCA service area. TVCA projections estimate 40 meetings
covered per month, up from the current average of 13 meetings per month. Additional
meeting coverage is possible based on the individual needs of jurisdictions. In addition
to city council and county commission meetings, examples of future coverage include:
- planning commission meetings - school board meetings
- citizen involvement workshops - budget committee meetings
- land use hearings - MACC meetings
Although built-in production systems are envisioned primarily for council hall locations,
other community center locations may be preferred in some instances.
(2) The introduction of live, interactive "Ask the Mayor/and or Council" programs once a
month for all interested MACC jurisdictions. This programming would originate from
TVCA's Live Link mini-studio.
-25-
(3) A new approach to. Outreach Productions that involves one to three "Government
Requested" meeting/event coverage productions per jurisdiction per year (based on size
of subscriber base: one for small jurisdictions, two for medium-sized jurisdictions, three
for larger jurisdictions). Continues T'VCA's focus on developing some Outreach
Productions in cooperation with schools, special needs populations and community
groups.
Channel Management/Cablecasting
New developments include:
(1) expanded playbacks of government meetings
(2) increased cablecastiang hours: 18-24 hours/day, seven days a week
Resource RequiremairAza
See page 41.
-26
COMMUNITY COMMUNICATION NEEDS & TVCA PROGRAM ACTIVITIES
COMMUNITY NEEDS
TVCA PROPOSED
ASSESSMENT FINDING
PROGRAM ACTIVITY
L:.
1J n"in1 'iCo un~i ati6
F h c <
'1'VCa4ervice inRel6tiono' ' 4
In' ddedl In
,
r a mot.
t~ ~ un (ITT ie~lrernent
E3P
Y
e'~Sz•
'
hIalen$if@OtnnlYnlty/ i~l
the FolloadViQlg
~ : ,
,
x , , r
Needed:
.
.
scq, pp, os:
Enhanced communication
• Government meeting coverage transitioning
ALL
linkages between governments
to council built-in production systems over
(A°D)
and citizens.
four years beginning in fall of 1999.
• "Ask the Mayor and/or Council" live, call-in
ALL
productions for all interested MACC jurisdic-
tions.
- Enhanced Public Affairs Programming
through quarterly magazine series and Town
Hall meeting series.
• Community-Specific Governmental
D
"Video Newsletters"- Interview Format.
Targeted programming for
geographically-based
•Geographically-specific Government
ALL
communities and communi-
Requested Outreach Productions based on
ties of interest (e.g. special
local needs and interests.
needs populations).
• Community Requested Outreach Produc-
ALL
lions addressing Education and Special
Needs.
• Live Link mini-studio - Interactive
ALL
communications vehicle for community
groups, schools and local governments.
Training equipment and
• Media Literary Workshops Available to PEG
ALL'
facilities that support and
Access Program Producers.
facilitate the use
• Community Media Center and Production
ALL
of PEG Access resources.
Support Available to PEG Access Program
Producers.
ALL
• Outreach Workshops introduced to
promote increased PEG Access utilization by
local governments and schools.
Continued...
-17-
COMMUNITY NEEDS
TVCA PROPOSED.
PROGRAM ACTIVITY
ASSESSMENT FINDING
t~ ~s may, tp, . ^
L of97fnnl~lon-
~~9611f1~/
k n Weis
T~/CAent'iae In~Rel~tlon+
e
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i1~
, .
'
®p8r~u~1#y or,Requlr met
r
~
$o;denflie~oentn nitysNeeds.w
F, ; , t V$
Ease of use for message
• Live Link mini-studio - Interactive
providers and receivers.
communications vehicle for community
t
s.
groups, schools and local governmen
• New Channel Lineup with more
continuous programming, less character
generation (text messages).
Access opportunites for all
• PEG Access Channels, programming
lowest tier (available to
th
l
within the service area.
e
e on
availab
all subscribers).
• Transition to 13 council built-in production
systems throughout the service area includes
opportunities for community programming
in addition to government meeting coverage.
• Outreach Productions in parternship with
Access to education and
educational/school/youth groups.
information resources.
° PCC telecourses, educational programming
via satellite.
• Enhanced level of local educational
televsion partnerships and programming.
Afechanisms to create and
• Prevue Channel Listings on TCI through
hance awareness of
TVCA fundraising efforts.
en
° Promotional Spots for PEG Access
PEG Access programming.
Programming on other TO Channels.
• TVCA Communications Plan w/ additional
publicity mechanisms (TED).
• Regular schedule for Community Needs
Ability to measure
Assessment and Evaluation activities (e.g.
performance and impact
Viewer Surveys, Focus Groups, Individual
of PEG Access resources.
Interviews with Stakeholders).
• Regular "video show and tell" reports about
PEG Access impacts to MACC Commission.
-18-
v ^ t
ollo~riing
ino'id
ALL
(A-D)
ALL
ALL j
ALL
ALL
ALL
C-2 ,
ALL
ALL
itm `~l~' w
MEMORANDUM
CITY OF TIGARD
TO: Honorable Mayor and City Council
FROM: William A. Monahan, City Manager
DATE: August 6, 1999
SUBJECT: School District for Representation
Superintendent of the Tigard-Tualatin School District Russ Joki contacted
me to advise that the School District would be creating a bond measure
study committee. The School Board of Directors would like to know if the
Mayor will appoint a Council member to serve on the study committee. Each
City within the service boundaries of the district will be asked to appoint a
member to the committee.
The activities of the study committee will begin in September, and will
continue until February, 2000. According to Russ, it is expected that- the
study committee will meet several times per month between September and
February to evaluatp, the need for a bond measure and the components of
the measure. The District is looking at a measure for submittal to the
voters in November, 2000.
During the Study Session portion of the August 10, 1999 Council meeting,
Council will be asked to determine if a member of Council should participate
in the study committee.
WAM\jh
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MEMORANDUM
CITY OF TIGAR'D, OREGON
Agenda Item No. 3-a b
of Z I C) I q
TO:
Honorable Mayor and City Council
FROM:
Bill Monahan
DATE:
August 3, 1999
SUBJECT:
COUNCIL CALENDAR, August 1999 - October 1999
Regularly scheduled Council meetings are marked with an asterisk If generally OK, we can
proceed and make specific adjustments in the Monthly Council Calendars.
August
*10
Tues
iouncii rVIM iug ku:Jv Y.,,a.)
Study Session - Business Meeting
* 17
Tues
Council Workshop Meeting (6:30 p.m.)
21
Sat
Tigard Daze Parade (10:00 a.m.)
* 24
Tues
Council Meeting - (6:30 p.m.)
Study Session - Business Meeting
September
6 Monday Labor Day Holiday - City Offices Closed
* 14 Tues Council Meeting (6:30.p.m.)
Study Session - Business Meeting
* 21 Tues Council Workshop Meeting (6:30 p.m.)
* 28 Tues Council Meeting - (6:30 p.m.)
Study Session - Business- Meeting
October
* 12 Tues Council Meeting - (6:30 p.m.)
Study Session - Business Meeting
* 19 Tues Council Workshop Meeting - (6:30 p.m.)
* 26 Tues Council Meeting - (6:30 p.m.)
Study Session - Business Meeting
1.\adzn\catby\council\cccal.doc
AGENDA ITEM # 3 a G
FOR AGENDA OF 08/10/99
CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUMMARY
ISSUE/AGENDA TITLE Expenditure of Forfeiture Funds
PREPARED BY: Chief Ron Goodyaster DEPT HEAD OK P19- CITY MGR OK
ISSUE BEFORE THE COUNCIL
The purpose of this information is to inform Council of this expenditure from the forfeiture fund.
STAFF RECOMMENDATION
Accept advisement.
INFORMATION SUMMARY
The June 25, 1999 City Attorney bill had a total of $1,344 for services they provided the Police Department in
seizing property pursuant to narcotics investigations.
The Oregon law and Tigard Municipal Code allows monies from the forfeiture fund to be used for these
expenses. Pursuant to TMC 7.78.080 the purpose of this information is to advise you that forfeiture funds are
going to be used to pay this bill.
OTHER ALTERNATIVES CONSIDERED
None
VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY
FISCAL NOTES
After this payment, there will be approximately $50,000 remaining in the forfeiture fund.
kkitywidelsum.dot
J\k
AGENDA ITEM 3, 3
For Agenda of: Augug 10, 1999
CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUMMARY
1~
~ ITY ADMIN OIL
PREPARED BY: Julia Powell Haiduk DEPT HEAD O%
ISSUE BEFORE TIiTE COQ
Should the City Council initiate Vacation proceedings involving an approximately 2,899 square foot portion of
on SW Main Street?
STAFF RECOMMFNDATM
It is recommended that Council initiate vacation proceedings by adopting the attached resolution which sets a
formal public hearing date on the vacation for September 28, 1999.
INFORMATION SUMMARY
the City Council begins the
In the City vacation process of streets, easements and other public dedicated areas,
process by passing a Resolution to schedule a formal public hearing to consider such requests.
Roger Anderson, on behalf of Rim and Fran Gritzbaugh is requesting that the City Council initiate Vacation
proceedings for an approximately 2,899 square foot portion of public right-of-way on SW Main Street adjacent to
12575 SW Main Street. The right-of-way had previously been dedicated and utilized as right-of-way, however
when Main Street was realigned to line up more perpendicularly with the Pacific Highway/Johnson Street
intersection, this portion of right-of-way was a remnant. It is located outside of the curb line and sidewalk area.
Currently it is paved with asphalt and used for parking by patrons of the adjacent building. The applicant's have
requested the area be vacated to allow them to legally utilized and maintain this area.
Appropriate agencies shall be contacted for comments prior to developing a report for Council consideration.
Attachments: Exhibit A - (Letter Requesting Initiation for Vacation) Exhibit B - (Site Plan)
Exhibit C - (Legal Description) Exhibit D -(Vicinity Map)
Take no action at this time.
FiS('~i, NOTES
There is no direct fiscal impact as a result of this request as all fees have been paid by the applicant.
8/10/99 Council Initiation of portion of SW Main Street Public Right-of-Way Vacation Proceedings i:\citywidclsum\vacmain.sum
Julia PH 28-July-99
AGENDA ITEM # -3-+
FOR AGENDA OF August 10, 1999
CITY OF TIGA M, OREGON
COUNCIL AGENDA ITEM SUNIlVIARY
ISSUE/AGENDA TMa. Amendment to Resolution 99-18
4 .
PREPARED BY: oskin DEPT HEAD OK
C/
MGR OK L4/-
ISSUE BEFORE TITIE, COUNCIL
Should Council amend Resolution 99-18, a resolution to increase building permit fees?
STAFF RECOMMENDATION
Staff recommends approval of the amended resolution.
INFORMATION SU11'IMARY
Due to calculation errors, the new building permit fee schedule, approved with Resolution 99-18 shown in
"Appendix 1", should be corrected to read as shown in the proposed amended resolution.
Calculations were originally completed by hand and minor errors were made. The errors affect our computerized
automatic calculation process and failure to correct them will cause expensive revisions to our computer tracking
system.
The corrections will increase building permit fees with a value up to $25,000.00 by $1.50, permits with a value up
to $1,000,000.00 by $20.00, and permits with a value of $1,000,001.00 and up by $45.00.
OTHER ALTERNATIVES CONSIDERED
None
VISION TASK FORCE GOAL AND ACTION COMM ITEh S 1'KAit-li y
N/A
FISCAL NOTES
Corrections to the fee schedule will provide minor revenue increases to the City.
i.titywid6sumaa
AGENDA ITEM # 4
FOR AGENDA OF August 10. 1999
CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUMMARY
ISSUE/AGENDA TITLE Youth volunteers involvement with the Ci of Tigard
PREPARED BY: Susan Koen in DEPT HEAD OK •1 4& CITY MGR OK J
ISSUE BEFORE THE COUNCIL
Report on the involvement of youngsters in City of Tigard volunteer activities.
STAFF RECOMX4ENDATION
Youngsters in Tigard contribute extensive hours, energy and enthusiasm as they perform volunteer activities.
Their involvment should be encouraged, recognized and expanded.
INFORMATION SUMMARY
Younger members of the Tigard community volunteer with their families, school, church or scout groups and as
individuals. They perform a variety of tasks in the Library, Community Development, Police and Public Works
Departments as well as contributing during the Balloon Festival and other special events throughout the year.
In addition, students work with the Engineering Department as part of the CE-2 program as an introduction to
possible career choices and the requirements of holding a job (i.e. arriving at the work site on time).
While the City provides supplies and instructions, youth volunteers are most often supervised by parents, church or
scout leaders, members of civic organizations and City of Tigard staff.
Within the City of Tigard, 205 volunteers under the age of 18 provided 1,534 hours of service to their community
from January 1, 1999 through July 26, 1999. During that same time, 28 youth volunteers contributed 350 hours in
the Tigard Library.
This summer youth volunteers are particularly active in Peer Court and DARE Camp, painting fire hydrants
throughout Tigard, and relabeling all the pictures books in the Library as well shelving, sorting and checking in
library materials.
Youth volunteers are valuable to the community and the City of Tigard. In turn, we are responsible for providing
them positive community service experiences and teaching them skills that will be applicable in the future.
OTHER ALTERNATIVES CONSIDERED
None
VISION TASK FORCE GOAL AND ACTION CMBUTTEE STRATEGY
Community character and Quality of Life - Volunteerism Goal #1: City will maximize the effectiveness of the
volunteer spirit to accomplish the greatest good for our community.
FISCAL NOTES
None
ckiq-Mde\sum.dot
AGENDA ITEM # 15
FOR AGENDA OF 60
CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUMMARY
ISSUE/AGENDA TITLE Public tieann ror i em orar a,
PREPARED BY: Mathew Scheideaeer DEPT HEAD OK Y MGR OK
ISSUE BEFORE THE COUNCIL
Should Council approve an ordinance amending TMC 2.52.010 and TMC 18.780.120, adopting new regulations
for temporary signs in the right-of-way?
STAFF RECOMMENDATION
Staff recommends approval of the proposed ordinance.
INFORMATION SUMMARY
At the March 16th, 1999, Council meeting, staff and the Council discussed ideas for removal and retrieval of
illegal temporary signs within the public right-of-way and assessing fines to recover the costs of removal. As a
result of that meeting, Council asked staff to draft an ordinance, which provided for fines for illegal signs within
the public right-of-way, while allowing for political signs during election periods. Staff worked with the City
Attorney's office to prepare a draft ordinance.
At the June 15th, 1999, Council meeting, the proposed temporary sign ordinance was presented. After
reviewing the problems of allowing temporary signs in the public right-of-way and remaining content neutral,
Council agreed that all temporary signs, including political signs in the public right-of-way, remain illegal and
be declared as abandoned property. If sign owners want to retrieve their property from the City, a retrieval fee
will be assessed for the cost of removal. The attached ordinance makes temporary signs abandoned property in
Municipal Code 2.52.010. It also adds, under 18.780.120 (C), that the owner of illegal signs in the right-of-way
shall pay charges and expenses incurred from the retrieval of those signs.
On July 19th, 1999, the Planning Commission held a public hearing for the temporary sign collection and
retrieval policy (staff report attached). The code amendment was unanimously recommended for approval.
There was testimony at the public hearing by Paul Owen of the Summerfield Homeowners Association and Bev
Froude. Mr. Owen brought up certain concerns for the need of "no soliciting" signs in the Summerfield
development. Staff met with Mr. Owen and provided alternatives to meet the Association's needs without signs
being placed in the right-of-way. Ms. Froude indicated that her Christmas tree business, as well as other
seasonal businesses, need to be able to place signs in the right-of-way. The Commission suggested that she take
her concerns to the Council.
! V
OTHER ALTERNATIVES CONSIDERED
1. Stay with the current enforcement procedures.
2. Introduce a citation policy that would allow the Code Compliance Specialist to write monthly citations until
the problem is resolved.
VISION TASK FORCE GOAL AND ACTION CON IITTEE STRATEGY
N/A
FISCAL NOTES
Adoption of this ordinance would generate revenue for the City of Tigard to help cover the cost of sign pick-up.
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Agenda Item: 5.1
Hearing Date: July 19, 1999 Time: 8:00 PM
1. APPLICATION SUMMARY
CASE: FILE NAME: TEMPORAWt SIGN RETRIEVAL POLICY
Zone Ordinance Amendment ZOA 99-00001
PROPOSAL: The zoning ordinance amendment would amend the Community
Development Code (Section 18.780.120(C)) and Municipal Code
(SeU'Lloi-, rn to declare signs in the public right-of-way as
abandoned property and establish a retrieval fee for sign owners.
APPLICANT: City of Tigard OWNER: N/A
13125 SW Hall Boulevard
Tigard, Oregon 97223
ZONING
DESIGNATION: N/A
LOCATION: Citywide
APPLICABLE
REVIEW
CRITERIA: Statewide Planning Goals 1 and 2, Tigard Comprehensive Plan
Policies 1.1.1 a., 2.1.1, 2.1.3, Community Development Code
18.380.020, 18.390.060(G) and 18.780.120(C), Municipal Code
2.52.010.
II. STAFF RECOMMENDATION
Staff recommends approval of the proposed ordinance program according
to the findings found in Section III of this report.
III. BACKGROUND INFORMATION
On March 161 1999 City Council directed staff to draft a sign ordinance under the
Temporary Sign section of the Community Development Code (Section 18.780.070). The
ordinance would allow political signs to be located in the public right-of-way 7 days before
Staff Report City of Tigardrremporary Sign Retrieval Policy Page 1
and 7 days after the dates for elections and establish a collection fee for illegal temporary
signs. According to the City's Attorney, allowing political signs in the public right-of-
way during election periods would have to be content neutral, meaning all
temporary signs would have to be allowed during election periods.
At the June 15"' 1999 Council workshop meeting, the proposed ordinance was
presented. After reviewing the problems of allowing temporary signs in the public right-of-
way, Council agreed that all temporary signs in the public right-of-way remain illegal and
be declared as abandoned property. If sign owners want to retrieve their property, a
retrieval fee will be assessed for the cost of removal. The attached ordinance makes
temporary signs abandoned property in Municipal Code 2.52.010. It also adds under
18.780.120(C) that the owner of signs in the right-of-way shall pay charges and expenses
incurred from the enforcement of temporary signs.
On July 19th, 1999, Planning Commission held a public hearing for the Temporary Sign
Collection & Retrieval Policy. The code amendment was unanimously recommended
for approval. There was testimony at the Public Hearing by Paul Owen of the
SUmmerfield Homeowners Association and Bev Froude. Mr. Owen brought up certain
.....,..err+cf^r +kg%% nnerl of nn gr%li lifi nn cinng in the qummerfield Development. Staff met
vvwv. w with Mr. Owen and provided alternatives to meet the Associations needs without being
in the right-of-way. Ms. Froude indicated that her Christmas tree business as well as
other seasonal businesses need to be able to place signs in the right-of-way. The
Commission's suggested that she take her concerns to the Council.
IV. APPLICABLE REVIEW CRITERIA AND FINDINGS
LCDC Goals:
Goal 1 - Citizen Involvement. Notice of the hearings and opportunity for response was
advertised in the local newspaper and request for comments were sent to all CITS,
DLCD, and all utility companies.
Goal 2 - Land Use Planning. Adoption of implementation measures is provided for
under Goal 2 and ORS 197. The proposed ordinance requirements fine-tune existing
adopted and acknowledged ordinance requirements.
Comprehensive Plan Policies:
1.1.1 a. - This policy requires that legislative changes are consistent with statewide
planning goals and the regional development plan. The findings above address
statewide goals.
2.1.1 - This policy requires an ongoing citizen involvement process. The amendment was
legally advertised.
Staff Report City of Tigard/Temporary Sign Retrieval Policy Page 2
.
2.1.3 - This policy requires that information on issues be available. The staff report and
findings, and proposed ordinance have been available for review since
Other
No Metro regulations are applicable and no other state or federal regulations are
applicable.
Community Development Code:
Chapter 18.380.020 - Indicates all legislative amendments are to follow 18.390.060(G).
Chapter 18.390.060(G) - Establishes the review procedure and criteria that must be
followed and as addressed in this report.
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Chapter 18.780.120(0) - T hIs coin sec.~~„ G„~•.~
temporary signs in the right-of-way for the expenses in enforcing this section.
Municipal Code:
Chapter 2.52.010.- This code section establishes temporary signs in the public right-of-
way as abandoned personal property.
V. OTHER STAFF COMMENTS
N/A
VI. AGENCY COMMENTS
N/A
6/ 28 /99
PREPARED B~-M the heideg er-,
Code Compliance Specialist
Staff Report City of Tigard/remporary Sign Retrieval Policy Page 3
FAX TRANSMITTAL
Cate August 9, 1999
Number of pages including cover sheet 2
To: Honorable Mayor & City Council From: Cathy Wheatley. Cily Recorder
Co: Co: City of Tigard
Fax Fax 684-7297
Ph 639-4171. Ext. 309
SUBJECT: August 10 Council Meeting - Additional Information for Agenda Item No. 5.
Temporary Sign Ordinance Amendment
MESSAGE:
Here is a memo from Matthew Scheidegger responding to Bev Froude's comments (as
noted in the staff report) concerning temporary signs in the right of way. This memo will
become part of the Council record for the August 10, 1999, Council meeting for Agenda
Item No. 5.
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MEMORANDUM
CITY OF TIGARD, OREGON
TO: City Council
FROM: Mathew Scheidegger
DATE: August 9, 1999
SUBJECT: Signs in right-of-way
I "Q
Bev Froude expressed the need to aliuw te111 .-ar` o;p- in the public right-of--way. Ms. Froude
has historically used ODOT right-of-way to place a temporary sign directing traffic to her
Christmas tree farm during the Christmas season. Last year she was directed to remove the sign
because it was located in a clear vision area. At the Planning Commission hearing, Ms. Froude
indicated that at least one other person would want to do the same. Ms. Froude indicated she
believes the public right-of-way should be able to be used by citizens.
Star feels that because of content neutral issues, exemption of any signs is not possible. There are
opportunities to place signs on private property with the permission of the owner.
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AGENDA ITEM #
FOR AGENDA OF _Z1 1 D
ISSUE/AGENDA TITLE
CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUMMARY
PREPARED BY: R. Poskin« DEPT HEAD OK
4 Y MGR OK
ISSUE BEFORE THE COUNCIL
Under Tigard Municipal Code, Title 14, Section 14.04.040, Subsection (c), Council is granted the authority to
administer building codes established by law under ORS 455, and to establish fees necessary in the
administration and operation of the building division. The matter before Council is the resolution for a
nrnnncPrl fee increase.
STAFF RECOMMENDATION
Adopt the fee proposal and resolution.
INFORMATION SUMMARY
As Council is aware, the proposed fee increase for fees affecting the One and Two Family Dwelling Code,
Mechanical Code, and Structural Specialty Code authorized by Council under resolution 99-18, was appealed
by the Greater Portland Building Contractors Association. The subsequent ruling by the State of Oregon
Building Code Division approved the fees for the One and Two Family Dwelling Code and mechanical code,
however, the fee increase request for the Structural Specialty Code was denied. The denial was based on the
omission of information fully supporting the city's request for the increase. Without this essential information,
the hearing officer concluded she could not support an affirmative recommendation to the Director of the
Building Codes Division.
Staff was directed to undertake a full and thorough study of actual permits issued, fees collected, and number of
inspections for the years 97/98 and 98/99.
Based on this new analysis, staff assembled a new proposal and on 7/7/99, in a meeting with the State
Compliance Officer, reviewed with him the package for the fee increase. The Compliance Officer
recommended a few changes, which are included in the proposal now before Council.
The actual fee increase required is 89%, however, based on Council's previous direction, we are proposing an
increase of 51% for the first year, with a subsequent review in the following year.
OTHER ALTERNATIVES CONSIDERED
None
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,
VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY
N/A
FISCAL NOTES
Upon receiving formal notification by the State Building Code Division, that our request for a fee increase affecting
our Structural Program was denied, the Community Development Director requested staff undertake a loss
projection study. The following information is provided.
With the approval of a 51 % increase, the projected reven=ue loss for the fise?t year 99/00 will be $73,860.00,
leaving a balance in our reserve fund of $7,890.00. This effectively reduces our ability to create a 6 month reserve
over the 5 year projected period outlined in our proposal to the State. An 89% increase will establish a positive
balance and a 5.96 month reserve account.
Our dedicated fund is in jeopardy, and without a quick response, extreme measures will be necessary which may
reduce our effectiveness and service standards.
Under the provisions of Tigard Municipal Code, Section 3.32.050, " After January 1, 1983, adjustments in the rate
of fees and changes shall be reviewed by Council, on or before July 1St of any year. The Council shall consider the
following in adjustments to fees and charges: (a) the Portland Consumer Price Index, Based on a value of
$100,000.00 the permit fee in 1983 was $433.00. The fee for the same value in 1999 is still $433.00. Using an
average 4% CPI over the last 16 years, this same permit would now be $811.00, an increase of 87%.
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AGENDA ITEM
FOR AGENDA OF: August 10, 1999
. CITY OF TIGA.1-4D, OREGON
COUNCIL AGENDA ITEM SUMMARY
BY: Dick B DEPT HEAD
STAFF RECOMMENDATION
Adopt the attached ordinance and findings.
INFORMATION SUMMARY
Staff has been working with the City Attorney's office and with the City Council concerning various provisions
of the Development Code that need clarification. Some of the sections and proposed amendments relate to the
US Supreme Court decision in 1994 relating to dedication and rough proportionality. Amendments relative to
this issue provide greater assurance of compliance with Dolan. Other sections have been found to be ambiguous
as to meaning. The Council approved a Director's Interpretation concerning some of the issues on
July. 13, 1999. The attached proposed ordinance amendments were drafted by the City Attorney's Office and
are another step in the evolution of improving the code language.
The Planning Commission held a public hearing on July 19, 1999 and recommended approval of the
amendments. The staff report and ordinance language is attached. Additions are redlined and deletions are
shown with strikeout. Changes include some relating to public improvement as well as some relating to
procedure, including clarification of effective dates. For Type II procedures, the revisions make it clear that the
final local appeal is to the Hearings Officer. This is as was intended in the code rewrite and is consistent with
the City Attorney's conclusion of existing ambiguous language in the code.
OTHER ALTERNATIVES CONSIDERED
1. Leave ordinance as is.
VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY
NA
FISCAL NOTES
NA
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Should the City Council adopt the attached ordinance and findings to clarify the intent and wording of the
Code?
1. ,.4
AGENDA ITEM # 8
FOR AGENDA OF 8/10/99
CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUMMARY
ISSUE/AGENDA TITLE Ci -Metro wooaara varx rx anion i,.lrt
PREPARED BY: Duane Roberts DEPT HEAD OK ITY MGR OK
ISSUE BEFORE THE COUNCIL
Should Council authorize the Mayor to sign the attached Intergovernmental Agreement with Metro for the
development and management of a Metro-purchased 6-acre property abutting the city's 3-acre Woodard Park?
STAFF RECOMMEN VA 11UN
Council approve the agreement.
INFORMATION SUMMARY
Metro purchased Tigard tax lot 2S1 02BB 600 as part of its Greenspace acquisition program. This parcel is
located along the northern edge of the city's Woodard Park and includes a horse pasture, barn, and home site.
Fanno Creek flows through the western portion of the parcel and approximately three-fourths of the property is
floodplain.
The city, with neighborhood participation, developed a joint master plan for the city park and Metro Greenspace
properties, which was reviewed and approved by Council in a public hearing held in March of this year. As
depicted in the attached master plan map, the plan contains a mix of recreational uses, including an informal
sports field, toddler play area, picnic shelter, and Fanno Creek pathway alignment. It also includes a one-acre
wetland enhancement along the creek, which is proposed to be undertaken by ODOT as off-site mitigation for a
wetland disturbance.
Council approval of the IGA will allow the city to implement the Woodard Park expansion plan. The portion of
the Metro property occupied by the single family house is not included in the agreement and will continue to be
managed by Metro. The term of the agreement is 20 years, with renewal by mutual consent for additional 10-
year periods provided. Ten years is the standard length for Metro Greenspace management agreements. In this
instance, Metro agreed to revise the initial term to the longer period at the city's request. This provides greater
protection for any future city investments in park improvements.
The IGA has been reviewed and approved as to form by the City Attorney.
OTHER ALTERNATIVES CONSIDERED
Do not authorize the Mayor to sign the IGA.
VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY
The Community Aesthetics Goal #1 calls for "Developing strategies to balance needs of new and infill
development with the need to provide protection of defined aesthetic qualities valued by those who already live
and work in Tigard."
FISCAL NOTES
The property covered by the proposed IGA was purchased by Metro using regional Greenspaces dollars. The IGA
allows the city to triple the size of Woodard park at no expense to the city for the use of the land. However, the city
is solely responsible under the IGA for the cost of any improvements to the Metro property. At the same time, the
IGA does not obligate the city to carry o>;t any of tie i,-nprovPments identified in the master plan.
The proposed wet.and enhancement will be undertaken by ODOT at its own expense. Metro local share dollars
may be used to fund construction of the ten-foot wide, multi-modal Fanno Creek trail through the old and new park
areas. The city tree fund may be used to pay for tree planting activities along the creek.
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'OODARD Pte. City of Tigard
CONCEPTUAL PLAN 13125 SW Hall Blvd,.
r3},X Tigntd. Oreann 97223
CITY OF TIGARD, OREGON
RESOLUTION NO. 99-J-1
A RESOLUTION OF THE TIGARD CITY COUNCIL ADOPTING A CONCEPT PLAN FOR THE
DEVELOPMENT AND EXPANSION OF WOODARD PARK
WHEREAS, the City Council in February 1997 appropriated funds for the preparation of a master plan for
Woodard Park and an abutting seven-acre area;
WHEREAS, a consultant was hired in October 1997 to work with neighbhorhood residents, the Planning
Commission, and a citizen task force on the development of the plan; and
WHEREAS, the master plan process has insured the opportunity for all citizens and other interested parties
to be involved in all phases of the development of the Woodard Park concept plan; and
WHEREAS, the Tigard Planning Commission, followuig a public hearing held on February 1, 1999,
endorsed the Woodard Park Concept Plan with two revisions; and
WHEREAS, the seven acres within the area propsed for the expansion of Woodard Park were purchased by
the Metropolitan Service District using regional Greenspaces funds; and
WHEREAS, Metro will allow the City to operate and manage the seven acres as part of the city park
system, subject to the approval of a master plan for the site.
NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council that: (enter info here)
SECTION 1: The Tigard City Council adopts the Woodard Park Concept Plan as modified by the
Tigard Planning Commission and directs City staff to forward the plan for Metro
Council review and approval.
SECTION 2: Any future improvements or modification to the old and new portions of Woodard Park
shall conform to the concepts contained in the the Woodard Park Concept Plan plus any
modificaitons or refinements adopted by the Metro Council. VIA PASSED: This day ofj~u
ATTEST:
RESOLUTION NO.99- :3
Page 1
Ca7t*wrw U)
City Recorder - City of Tigard
iACitywide\msolutdot
RESOLUTION NO.99--L3
Page 2
w
G'ity of Tigard
PARK SYSTEM MASTER PLAN
Woodard Park Concept Plan
January 1999
Prepared by:
MIG, Inc.
199 East 5 h Avenue, Suite 33
Eugene, Oregon 97401
(541) 683-3193
INTRODUC'T'ION
Woodard Park is a three-acre neighborhood park on Fsanno Creek near Fowler Middle
School. It currently contains two play structures, picnic tables, and an asphalt trail from
Johnson Street to Karol Court. Fanno Creek forms tL- boundaries on the south and east
sides and floods the park almost annually. On the north, the park is bordered by
residences and by seven acres recently acquired by Metro through the Greenspaces
Program. According to the Fanno Creek Trail Master Plan, a segment of the trail will
eventually go through both Woodard Park and the Metro property.
As part of the Park System Master Plan process for the City of Tigard, bUG, Inc. was
asked to develop a concept plan for Woodard Park and the adjacent Metro property.
PUBLIC I IVOLVEMIENT
A community workshop was held in March 1998, to gather input from neighbors and
other interested community members about the future of this neighborhood park and the
adjoining acreage. MIG, Inc., led a site tour and, following the tour, facilitated a design
workshop at Fowler Junior High School. Participants shared comments and
observations, which were recorded on a large wallgraphic. They also submitted written
comments. In general, the direction from the community was to go gently, make only
minimal changes, keep the natural character, and provide picnic tables, benches,
children's play areas, and a place for horseback riding. (For a complete summary, see
Woodard Park Workshop Report, March 7, 1998.)
A second workshop was held in May in conjunction with the Citizens Involvement Team
meeting. The purpose was to present two concepts in response to needs and concerns
expressed during the first workshop. One concept showed recreational facilities on the
existing Woodard Park site, and trails on the north acreage. The second concept was
designed with minimal recreational facilities on the Metro property to the north, and
floodplain and riparian restoration on the south. Both concepts included a proposed
wetland mitigation area on Metro property that had been requested for use by Oregon
Department of Transportation. Participants expressed a preference for the alternative
showing recreational facilities on the north out of the floodplain, with the lower south
side designated four floodplain and riparian restoration.
COORDINATION WITH METRO
Subsequent communications with Metro staff resulted in
■ the removal of basketball/wall ball court to reduce the amount of
impervious surface;
the removal of soft-surface trail where it was redundant or where it
might result in stream or wetland degradation; and
the removal of a wetland overlook.
MIG, Inc.
Page. 1
City of f Tigard
Park Sysdem Master Plan
CONCEPTUAL PLAN
January 1999
Woodard Park Concept Plan
The resulting plan responds to the needs expressed by the community and the concerns
articulated by Metro staf.
The main entrance to the park has been relocated to the north. A paved entrance and
turnaround off of Katherine Street provide convenient access to children's play areas, a
covered picnic area, restrooms, and Fanno Creek Trail. An open field for informal play
lies to the south of Fanno Creek Trail. A soft surface trail allows park users to walk
along the edge of the enhanced wetland. The existing barn is proposed for renovation as
a padc shelter.
The southern portion of the park is devoted primarily to tloodplain and riparian
restoration. An all-weather trail leads to a creek overlook, and provides a connection to
Fanno Creek Trail and to additional recreational facilities on the north.
Fanno Creek Trail enters the park at the eastern boundary, skirts the perimeter, and exits
at Tiedeman Street. Picnic tables and benches are scattered along its length.
All four park entrances will be ADA accessible.
COST ESTE14ATE
A preliminary cost for renovation and expansion of Woodard Park is included on the
draft Ten-Year Capital Improvement Plan included in the draft Park System Master Plan.
MIG, Inc. Page 2
. .
3 on Ink"
C4+ 052298
EXHIBIT "A" ~ J ky.- ,
to Resolution 99-2816
INTERGOVERNMENTAL AGREEMENT
Woodard Park/Lowery Property
This Intergovernmental Agreement ("Agreement") dated this ' day of
1999, is by and between Metro, a metropolitan service district organized under the laws of the
state of Oregon and the 1992 Metro Charier, located at 600 Northeast Grand Avenue, Portland,
Orp-gon, 97232-2736 ("Metro"), and the City of Tigard, located at 13125 S.W. Hall Boulevard,
Tigard, Oregon 97223 ("the City").
WITNESSETH:
WHEREAS, on May 16, 1995, voters approved Ballot Measure 26-26, Open Spaces, Pe s,
and Streams, authorizing Metro, a metropolitan service district organized under the laws of the State
of Oregon and the 1992 Metro Charter, to issue up to $135.6 million in general obligation bonds for
the protection of open spaces, parks and streams ("Metro Open Spaces Bond Measure"); and
WHEREAS, the Fanno Creek Greenway was identified as a regionally significant open
space in the Metro Greenspaces Master Plan, and the Fanno Creek Greenway Target Area was
subsequently established pursuant to the Metro Open Spaces Bond Measure; and
WHEREAS, pursuant to the Metro Open Spaces Bond Measure, Metro acquired real
property from the Lowery family, located within the Fanno Creek Greenway Target Area, along
Fanno Creek at 10270 SW Katherine Street, commonly known as Tax Lot 00600, Township 2
South, Range 1 West, Section 2BB, in the City of Tigard, County of Washington, State of
Oregon, and more particularly described in Exhibit A attached hereto and incorporated herein
(the "Lowery Property");- and
WHEREAS, on June 9, 1997, Metro purchased the Lowery Property with proceeds from
the Metro Open Spaces Bond Measure to preserve it as open space in accordance with the
measure; and
WHEREAS, the City wishes to operate, manage, and maintain a portion of the Lowery
Property, as described in Exhibit A-1 attached and incorporated herein (hereinafter, the
"Property"), which excludes the Lowery house, garage, and access drive, which shall remain
Metro's responsibility; and
WHEREAS, on March 2, 1999, the City passed Resolution 99-13 adopting the Woodard
Park Concept Plan, attached hereto as Exhibit B and incorporated herein;
WHEREAS, Metro and the City wish to preserve the Property as open space, provide for
passive recreation, and provide for improved wetland habitat, in accordance with the Woodard
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Park Concept Plan, the Metro Open Spaces Bond Measure, and the Metro Greenspaces Master
Plan;
WHEREAS, the Oregon Department of Transportation ("ODOT") by letter, dated April
21, 1999, proposed to implement a wetlands mitigation plan on the Property, to improve Fanno
Creek's wetland vegetation and riparian habitat;
WHEREAS, on 1999, the City Council authorized the City to enter
into this Agreement and to manage, operate and maintain the Properly in accordance with the
terms set forth in this Agreement;
WHEREAS, on 1999, the Metro Council authorized Metro to enter
into this Agreement to provide for transfer of management responsibility for the Property in
accordance with the terms set forth in this Agreement; and
WHEREAS, Metro and the City wish to enter into this Agreement to provide for the
responsibilities and obligations of the parties with respect to the acquisition, allowable uses,
maintenance and operation of the Property;
NOW, THEREFORE, the parties agree as follows:
A. Management Maintenanm and Operation
1. The City shall be responsible for the ongoing management, maintenance, and operation of
the Property in accordance with the terms of this Agreement.
2. The Property shall be managed, maintained and operated in accordance and in a manner
consistent with this Agreement, Metro's Greenspaces Master Plan, the Metro Open Spaces
Bond Measure, the Woodard Park Concept Plan, and ODOT's Conceptual Wetlands
Mitigation Plan (collectively, "the Plans"). These Plans shall constitute the Resource
Protection Plans for the Property, as described in the Metro Greenspaces Master Plan. In
case of conflict among Plans, the Plan affording the highest level of resource protection shall
govern.
3. If Metro executes an agreement to purchase additional property within the Fanno Creek
Greenway.Target Area which Metro would like the City to manage under the terms of this
Agreement, Metro shall notify the City in writing in the form attached hereto as Exhibit C
("Notice of Acquisition"). The City shall notify Metro if the City does not wish to accept
management responsibilities for that additional property in accordance with this Agreement,
using the City's best efforts to make this notification prior to the closing date for the
acquisition. If the City has not so notified Metro within thirty (30) days of receiving Metro's
Notice of Acquisition, then the City shall be deemed to have accepted the additional property
for management, maintenance and operation responsibilities in accordance with the terms
and conditions of this Agreement.
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4. Metro grants to the City, its agents and contractors, the right to enter the Property for the
purpose of performing all o=t:vities reasonably necessary for the management, maintenance
and operation of the Property under the Plans.
5. The term of the City's management, maintenance, and operation responsibilities for the
Property shall be twenty (20) years from the date of this Agreement. This Agreement shall
renew automatically for an additional ten-year term, unless earlier terminated under Section
E (4-5), or unless either party provides notice of intent not to renew prior to the expiration of
the current term.
C. Limitations on Use
1. The Property shall be managed, maintained and operated in accordance with its intended use
as natural area open space, with the primary goal being protection of the Property's natural
resources, enhancement and protection of wildlife habitat, and public recreation consistent
with the foregoing.
2. The Property may be used by the public, in the City's discretion, for preservation, restoration
and enhancement of riparian vegetation and wildlife habitat, passive recreation, pedestrian
activity, and non-motorized bicycle use. The City shall give Metro ninety (90) days' advance
written notice of its intent to construct any improvements, trails, or alteration of water or
timber resources on the Property. Such notice shall demonstrate, to Metro's sole satisfaction,
consistency with Metro's Greenspaces Master Plan and the City's Woodard Park Concept
Plan. Metro shall have the right to approve of the items contained in the notice, which
approval shall not be unreasonably withheld. In any event, no improvements or trails shall
be constructed on the Property and no alteration of water or timber resources shall occur that
are inconsistent with this Agreement or with the Plans.
The City's Woodard Park Concept Plan provides for a proposed ODOT wetlands mitigation
project, further described in ODOT's Conceptual Wetlands Mitigation Plan, attached hereto
and incorporated herein as Exhibit D. In exchange for ODOT wetlands enhancement
performed pursuant to the Conceptual Mitigation Plan, ODOT requires a perpetual wetlands
mitigation easement over that portion of the Property enhanced for mitigation. The terms of
the wetlands mitigation shall be subject to Metro approval.
3. Metro shall have the right to review and comment on any changes in the Plans relating to the
management, maintenance, or operation of the Property. Any changes in the Plans made or
proposed by the City that relate to management, maintenance, or operation of the Property
shall not conflict with the guidelines set forth in this Agreement, in Metro's Greenspaces
Master Plan, or with the uses and restrictions described in the Metro Open Spaces Bond
Measure. The City shall give Metro written notice as soon as possible, but in no event less
than 90 days, in advance of a proposal to amend the City's Plans, where such amendment
would alter the City's management, maintenance or operation of the Property.
4. The Property shall not be subdivided or partitioned, nor shall any development rights, timber
rights, mineral rights, or other rights related to the Property be sold or otherwise granted, nor
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shall there be any alteration of any water or timber resource, except as necessary for
construction of trail or other improvements, for the purpose of enhancing wetlands and
improving resource values, or as necessary to protect public safety.
5. Metro has implemented the following stabilization and security measures prior to executing
this Agreement. On the date of this Agreement, the City shall assume all continuing
maintenance obligations for these measures:
Mowing the upland portion of the Property;
Controlling access to the Property through gates and fencing, to prevent unauthorized use
and illegal dumping; and
Y Managing "danger trees," to prevent damage to surrounding property.
6. The City shall maintain security of the Property, and shall provide additional fencing, gates,
signage, and other measures as the City may deem necessary to increase safety on the
Property, and to preserve and protect the Property's natural resources.
D. P=itc Easements. Assessments. Coordination with Other Public Agencies
1. As stated in Metro's Greenspaces Master Plan, by accepting management responsibility for
the Property, the City agrees to be responsible for funding the operation and maintenance of
the Property with the City's own resources. The City's management responsibility shall
include responsibility for all taxes or assessments for the Property.
2. The City shall be responsible for obtaining any permits necessary for management,
maintenance or operation of the Property.
3. Any permits granted by the City to users of the Property shall comply with the terms and
limitations set forth in this Agreement and in the Plans.
4. The City shall be responsible for contacting and coordinating with other local or state
agencies regarding any management, maintenance or operation issues that may arise with
respect to the Property.
5. All future requests for easements, rights of way, and leases on or affecting the Property shall
be submitted to Metro in accordance with the Metro Easement Policy, Resolution No. 97-
2539B, passed by the Metro Council on November 6, 1997, attached hereto as Exhibit E.
General Provisions
E.
1. Indemnification. The City, to the maximum extent permitted by law and subject to the
Oregon Tort Claims Act, ORS Chapter 30, shall defend, indemnify and save harmless Metro,
its officers, employees, and agents from and against any and all liabilities, damages, claims,
demands, judgments, losses, costs, expenses, fines, suits, and actions, whether arising in tort,
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contract, or by operation of any statute, including but not limited to attorneys' fees and
expenses at trial and on appeal, relating to or resulting from the management, maintenance or
operation of the Property, including but not limited to construction of trails or in relation to
any other improvement on the Property.
2. Dg-Constitution and Tax FXemnt Bond oven nts. The source of funds for the
acquisition of the Property is from the sale of voter-approved general obligation bonds that
are to be paid from ad valorem property taxes exempt from the limitations of Article XI,
section 11(b), I I(c), I I(d) and I I(e) of the Oregon Constitution, and the interest paid by
Metro to bond holders is currently exempt from federal and Oregon income taxes. The City
covenants that it will take no actions that would cause Metro to be unable to maintain the
current status of the real property taxes as exempt from Oregon's constitutional limitations or
the income tax exempt status of the bond interest. In the event the City breaches this
covenant, Metro shall be entitled to whatever remedies are available to either cure the default
or to compensate Metro for any loss it may suffer as a result thereof.
3. Fun ing Declaration and Signs. The City may provide on-site signs informing the public that
the City is managing the site. Metro will provide on-site signs which shall be installed by the
City, stating that funding for the acquisition came from Metro's Open Spaces Bond Measure
proceeds. The City shall also document in any publication, media presentation or other
presentations, that funding for the acquisition came from Metro's Open Spaces Bond
Measure proceeds. All signs will be consistent with Metro guidelines for Open Spaces
Projects.
4. Joint Termin tion for Convenience. Metro and the City may jointly terminate all or part of this
Agreement based upon a determination that such action is in the public interest. Termination
under this provision shall be effective upon ten (10) days written notice of termination issued by
Metro, subject to the mutual written agreement of the parties.
Termination for Cause. Either party may terminate this Agreement in full, or in part, at any time
before the date of completion, whenever that party determines, in its sole discretion, that the
party has failed to comply with the conditions of this Agreement and is therefore in default. The
terminating party- shall promptly notify the other party in writing of that determination and
document such default as outlined herein. The other party shall have thirty (30) days to cure the
problem. Notwithstanding any termination for cause, both parties shall be entitled to receive
payments for any work completed or for which that party is contractually obligated for, which
completion or contractual obligation occurred prior to the effective date of the termination,
provided that no party shall be obligated to make any payment except for work specifically
provided for in this Agreement.
6. Law of Oregon. This Agreement shall be governed by the laws of the state of Oregon, and
the parties agree to submit to the jurisdiction of the courts of the state of-Oregon. All
applicable provisions of ORS chapters 187 and 279, and all other terms and conditions
necessary to be inserted into public contracts in the state of Oregon, are hereby incorporated
as if such provisions were a part of this Agreement, including but not limited to ORS 279.015
to 279.320.
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7. Notices. All notices or other communir_:tions required or permitted under this Agreement
shall be in writing, and shall be personally delivered (including by means of professional
messenger service) or sent by fax and regular mail.
To Metro: Metro
Ghu}es-Gieeko
Director, Metro Regional Parks and Greenspaces
600 N.E. Grand Avenue
Portland, OR 97232-2736
To City: City of Tigard
Community Development Director
13125 S.W. Hall Boulevard
Tigard, OR 97204
g. Assignment. The parties may not assign any of its rights or responsibilities under this
Agreement without prior written consent from the other party, except the parties may
delegate or subcontract for performance of any of its responsibilities under this Agreement.
9. Severability. If any covenant or provision in this Agreement shall be adjudged void, such
adjudication shall not affect the validity, obligation, or performance of any other covenant or
provision which in itself is valid, if such remainder would then continue to conform with the
terms and requirements of applicable law and the intent of this Agreement.
10. Entire Agcggn=. This Agreement constitutes the entire agreement between the parties and
supersedes any prior oral or written agreements or representations relating to the Property.
No waiver, consent, modification or change of terms of this Agreement shall bind either
party unless in writing and signed by both parties.
IN WITNESS WHEREOF, 7thep ies hereto have set their hands on the day and year set
forth above.
CITY OF TjTjARD METRO
By: '
Titl _ Mavor Ci
a
By:
Mike Burton, Executive Officer
Exhibits:
Exhibit A - Legal Description
Exhibit B - Woodard Park Concept Plan
Exhibit C - Form of Notice of Acquisition
Exhibit D - ODOT Wetland Mitigation Project Plans and Easement
Exhibit E - Metro Easement Policy and Metro Resolution No. 97-2539B
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