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City Council Packet - 08/22/2000 C F TIO OREGON TIGARD CITE' COUNCIL MEETING AUGUST 22, 2000 COUNCIL MEETING WILL E TELEVISED 1 a f iAadml Mccpk13 doc 1 13125 SW Hall Blvd., Tigard, OR 97223 (503) 639-4171 TDD (563) 684-2772 a Revised 8/16/00 TIGARD CITY COUNCIL;, BUSINESS MEETING ` - AUGUST-22, 2000 6 3.O PI~[r ; CITY OF TiGAR® T'IGARD dtY: HALL 131.25 SW HALL.,BLVD. TIGARD, "ORE GON 97223 PUBLIC NOTICE: Anyone wishing to speak on an agenda item should sign on the appropriate sign-up sheet(s). If no sheet is available, ask to be recognized by the Mayor at the beginning of that agenda item. Visitor's Agenda items are asked to be two minutes or less. Longer matters can be set for a future Agenda by contacting either the Mayor or the City Manager. Times noted are estimated; it is recommended that persons interested in testifying be present by 7:15 p.m. to sign in on the testimony sign-in sheet. Business agenda items can be heard in any order after 7:30 p.m. Assistive Listening Devices are available for persons with impaired hearing and should be scheduled for Council meetings by noon on the Monday prior to the Council meeting. Please call 639-4171, Ext. 309 (voice) or 684-2772 (TDD - Telecommunications Devices for the Deaf). Upon request, the City will also endeavor to arrange for the following services: • Qualified sign language interpreters for persons with speech or hearing impairments; and Qualified bilingual interpreters. Since these services must be scheduled with outside service providers, it is important to allow as much lead time as possible. Please notify the City of your need by 5:00 p.m. on the Thursday preceding the meeting date at the same phone numbers as listed above: 639- 4171, x309 (voice) or 684-2772 (TDD - Telecommunications Devices for the Deaf). SEE ATTACHED AGENDA COUNCIL AGENDA - AUGUST 22, 2000 - PAGE 1 AGENDA TIGARD CITY COUNCIL BUSINESS MEETING AUGUST 22, 2000 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), (f) 8z (h) to discuss labor relations, real property transactions, exempt public records, and current and pending litigation issues. As you are aware, all discussions within this session are confidential; therefore nothing from this meeting may be disclosed by those present. Representatives of the news media are allowed to attend this session, but must not disclose any information discussed during this session. > Election Law Training 7:30 PM 1. BUSINESS MEETING 1.1 Call to Order - City Council & Local Contract Review Board 1.2 Roll Call 1.3 Pledge of Allegiance 1.4 Council Communications 1.5 Call to Council and Staff for Non-Agenda Items 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 20, 2000 3.2 Approve Revisions to the City Council Policy Regarding Council Groundrules and Agenda Process - Resolution No. 00 - Ha- 3.3 Approve Intergovernmental Agreement with Tualatin Valley Fire and Rescue - Infectious Disease Services 3.4 Approve Training Request for Crime Prevention/Public Information Officer COUNCIL AGENDA - AUGUST 22, 2000 - PAGE 2 3.5 Convene as Local Contract Review Board a. Award Contract for the Construction of the 2000-2001 Fiscal Year Storm Drainage Major Maintenance Program Projects at Ann Court and Katherine Street to C.R. Woods Trucking, Inc. o 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. ANNOUNCEMENT OF RIBBON-CUTTING CEREMONY FOR THE WALNUT STREET/TIEDEMAN AVENUE INTERSECTION REALIGNMENT PROJECT AND THE EMBEDDED CROSSWALK LIGHTING SYSTEM PROJECT AT 121sT AVENUE AND KATHERINE STREET a. Staff Report: Engineering Department 7:50 PM 5. COMMUNITY-WIDE OPINION POLL RESULTS a. Staff Report: Administration Department 8:05 PM 6. PUBLIC HEARING (LEGISLATIVE) - CONSIDER A REQUEST TO APPROVE BED AND BREAKFAST USES AND OUTDOOR WEDDINGS IN HISTORIC OVERLAY ZONES. The applicant is requesting an amendment the Community Development Code to conditionally allow Weddings and Bed 8z Breakfast establishments in all Historic Overlay zones. LOCATION: All zones with a Historic Overlay designation - citywide. ZONE: Historic Overlay Zones citywide. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.380, 18.390 and 18.740, Comprehensive Plan Policy 3.7.1, Metro 2040 Plan, and Statewide Planning Goals 1, 2 and 5. a. Open Public Hearing b. Staff Report: Community Development Department C. Public Testimony (Proponents, Opponents) d. Staff Recommendation e. Council Discussion, Questions, Comments d. Close Public Hearing f. Council Consideration: Motion directing staff to prepare a resolution for denial or an ordinance for approval regarding bed and breakfast uses and outdoor weddings in historic overlay zones. COUNCIL AGENDA - AUGUST 22, 2000 - PAGE 3 9:05 PM 7. PUBLIC HEARING (INFORMATIONAL) - FINALIZE FORMATION OF SANITARY SEWER REIMBURSEMENT DISTRICT NO. 14 , ESTABLISHED TO INSTALL SEWERS IN THE SW WALNUT AND TIEDEMAN STREETS a. Staff Report: Engineering Department b. Public Testimony C. Council Discussion, Questions, Comments d. Council Consideration: Motion to approve/disapprove the finalization of Sanitary Sewer Reimbursement District No. 14 9:20 PM 8. APPOINTMENT OF INTERIM MAYOR _ s. Do •5 9:40 PM 9. COUNCIL LIAISON REPORTS 9:45 PM 10. NON AGENDA ITEMS 9:55 PM 11. EXECUTIVE SESSION: The Tigard City Council will go into Executive Session under the provisions of ORS 192.660 (1) (d), (e), (f) 8z (h) to discuss labor relations, real property transactions, exempt public records, and current and pending litigation issues. As you are aware, all discussions within this session are confidential; therefore nothing from this meeting may be disclosed by those present. Representatives of the news media are allowed to attend this session, but must not disclose any information discussed during this session. 10:00 PM 12. ADJOURNMENT I:\ADM\CATHY\CCA\000822. DOC COUNCIL AGENDA -AUGUST 22, 2000 - PAGE 4 Agenda Item N®, 4, I Meeting of 9 2(o DD TIGARD CITY COUNCIL BUSINESS MEETING MEETING MINUTES -AUGUST 22, 2000 • STUDY SESSION Al Training - Elections City Attorney Tim Ramis reviewed laws on election process. Key points included the following: a. Sources of limitations/regulations for municipalities: state law, city charter, and city code. This function is extremely regulated, as it is the cornerstone of our democratic system. b. City role: 1. Technical/administrative (administer City elections; City Recorder is the Elections Official for the City of Tigard) 2. Initiating law: Forward ballot measures to voters for consideration; however, government resources may not be used to influent outcome. C. Ballot measures 1. Initiatives: Measures referred to the voters by petition containing signatures of registered voters within the affected jurisdiction. Mr. Ramis referred to one of the initiatives on the November ballot sponsored by Mr. Sizemore that contains provisions that are retroactive to money issues considered by voters. The City has attempted to respond to provisions contained within Mr. Sizemore's measure even though it is not yet law. d. Candidate Elections: the City Elections Official administers Mayor and Council positions. e. Campaign Financing: Financing is regulated; information may be i obtained from the City Elections Official. f. Mr. Ramis also reviewed the following with regard to advocacy of measures: 1. Council may take a position on public issues, either as individuals or as a Council. 2. Public employees may take a position on public issues as individuals, on their own time. When advocating an issue on own time, an employee may not state he or she is representing an issue as an employee of the City of Tigard (or any public entity). TIGARD CITY COUNCIL MEETING MINUTES - AUGUST 22, 2000 - PAGE 1 3. Do not use public resources for advocacy of a measure. 4. Political committees should be formed to finance campaigns. Local measure or candidate political committees obtain forms (and file them) with the City Recorder. 5. Public employees are not allowed to promote or oppose any candidate or measure while on the job during working hours. (Public employees may wear political buttons while on the job.) 6. Councilors, supervisors, City board, task force and committee members may not ask public employees to assist in campaigns on their own time. Nor should public employees be criticized for wearing political buttons expressing an opinion on a candidate or measure. 7. Employees may provide impartial, factual information on measures. Employees may also report on the consequences likely to occur should the voters approve a measure. 8. It is all right for a City employee to run for elected office. Administrative Items: a. City Manager Monahan noted items distributed during Study Session to the City Council for the Council meeting packet materials, including some written testimony for the public hearing (Item No. 6) b. A resolution for Council consideration to appoint Jim Griffith as Interim Mayor (Item No. 8) was distributed. C. Ribbon Cutting Ceremonies will be conducted for two projects on Tuesday, August 29, 2000: 10 a.m. @ Walnut Tiedeman Intersection (realignment and signalization project.) 11 a.m. (approximately) at 1215'/Katherine (embedded crosswalk lighting system.) Council President Moore advised he would be able to attend. d. City staff will represent the City for a review of the Metro Goal 5 "Visions" document. This review will occur on Wednesday, August 23, 8-9 a.m. at Beaverton City Hall. > EXECUTIVE SESSION: The Tigard City Council went into Executive Session at 7:16 p.m. under the provisions of ORS 192.660 (1) (d), & (e) to discuss labor relations and real property transactions. Executive Session Adjourned at 7:36 p.m. and Council took a short break before convening into the Business Meeting at 7:43 p.m. TIGARD CITY COUNCIL MEETING MINUTES - AUGUST 22, 2000 - PAGE 2 BUSINESS MEETING 1.1 Call to Order - City Council & Local Contract Review Board 1.2 Roll Call: Council President Moore; Councilors, Hunt, Patton, and Scheckla. 2. VISITOR'S AGENDA: No one spoke at this time. 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 by Councilor Scheckla, seconded by Councilor Hunt to approve the Consent Agenda: 3.1 Approve Council Minutes: June 20, 2000 3.2 Approve Revisions to the City Council Policy Regarding Council Groundrules and Agenda Process - Resolution No. 00 - 52 3.3 Approve Intergovernmental Agreement with Tualatin Valley Fire and Rescue - Infectious Disease Services 3.4 Approve Training Request for Crime Prevention/Public Information Officer 3.5 Convene as Local Contract Review Board a. Award Contract for the Construction of the 2000-2001 Fiscal Year Storm Drainage Major Maintenance Program Projects at Ann Court and Katherine Street to C.R. Woods Trucking, Inc. The motion was approved by a unanimous vote of Council present (Council President Moore and Councilors Hunt, Patton, and Scheckla voted "yes.") 4. ANNOUNCEMENT OF RIBBON-CUTTING CEREMONY FOR THE WALNUT STREET/TIEDEMAN AVENUE INTERSECTION REALIGNMENT PROJECT AND THE EMBEDDED CROSSWALK LIGHTING SYSTEM PROJECT AT 121sT AVENUE AND KATHERINE STREET City Engineer Gus Duenas presented a brief PowerPoint slideshow of the two projects named above. Ribbon cutting ceremonies will be held on August 29, 2000 (see Study Session notes above for times and locations). 5. COMMUNITY-WIDE OPINION POLL RESULTS Risk Manger Loreen Mills and Assistant to the City Manager Liz Newton reported on this agenda item. A PowerPoint slide show (a copy of the presentation is on file with the City Recorder) was presented highlighting findings of the Opinion Polls. In an effort to update the City's vision process with the latest opinions of the citizens, two opinion polls were conducted through the Cityscape Newsletter in May and June 2000. In September, Council will receive a more detailed briefing TIGARD CITY COUNCIL MEETING MINUTES - AUGUST 22, 2000 - PAGE 3 from various staff members outlining the plans for follow-up to the opinion poll results. 6. PUBLIC HEARING (LEGISLATIVE) - CONSIDER A REQUEST TO APPROVE BED AND BREAKFAST USES AND OUTDOOR WEDDINGS IN HISTORIC OVERLAY ZONES. The applicant is requesting an amendment to the Community Development Code to conditionally allow Weddings and Bed & Breakfast establishments in all Historic Overlay zones. LOCATION: All zones with a Historic Overlay designation - citywide. ZONE: Historic Overlay Zones citywide. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.380, 18.390 and 18.740, Comprehensive Plan Policy 3.7.1, Metro 2040 Plan, and Statewide Planning Goals 1,2and5. a. Council President Moore opened the public hearing. b. Staff Report: Planning Associate Julia Hajduk reviewed the staff report. She referred to a map showing locations of historic overlay zones as well as the location of the Quello house (not currently in a historic overlay zone, but on the national historical registry), which is property owned by the applicants requesting this legislative zone ordinance amendment. The large map referred by Ms. Hajduk is also on file in a smaller version in the Council meeting packet materials. A copy of the staff report and record of the proceedings before the Planning Commission is also on file with the Council meeting packet materials. The Planning Commission recommended denial of both the bed and breakfast use and outdoor wedding uses. As an alternative, staff recommended approving bed and breakfast uses as a conditional use and to deny the amendment to allow outdoor weddings in Historic Overlay Zones. In response to questions by Councilors Hunt and Patton, staff clarified that there is no inherent benefit (i.e., a tax break) for a City of Tigard Historic Overlay Zone designation; however, being identified locally may be of benefit for designation at a State level. Councilor Scheckla advised that he visited all of the historic overlay properties identified in the staff report. Staff identified decision-making options available to the City council. Staff considered the possibility of a bed and breakfast establishment under the Home Occupation provisions; however, hours of use for home occupations are now limited to 8 a.m. to 10 p.m. in the Tigard Municipal Code thereby precluding a bed and breakfast use. TIGARD CITY COUNCIL MEETING MINUTES -AUGUST 22, 2000 - PAGE 4 lei C. Public Testimony Proponents: Mr. Dan Quello, 16445 SW 92" Avenue, Tigard, Oregon, testified and is the applicant for this zone change amendment propc;,al. Mr. Quello offered the following testimony (key points) a!ong with a video showing the Quello property during a wedding ceremony: Tigard has nothing to offer similar to the Quello house as a bed and breakfast facility or for garden weddings. The Quello house is a historically designated home and nearly all such designated homes are within neighborhoods. The proposed legislative amendment would apply to ten properties in the City of Tigard. It would not be likely that any of the other nine would utilize the provisions of the proposed amendments. Mr. Quello outlined the history of the Quello house. ■ Mr. Quello outlined what he had done to restore and enhance the home and grounds. The Quello house received the National Historic Trust Great Home Award. The Quello house has been used as a site for ad campaigns and movies. If allowed, by conditional use, operations would occur within narrow parameters. For example, Mr. Quello would ask to host up to 12 garden weddings per year and limit the hours of the weddings. A conditional use would be a method to establish a balance between utilizing an historic resource and those uses that may conflict with it. ■ Mr. Quello referred to the number of people who had signed a petition and those who had sent letters in support of his request. Mr. Quello advised that parking had not been an issue. He said that there was room for 80 cars on his property with 48 additional parking spaces available across the street. He said the average wedding drew 30 to 40 cars. Mr. Quello said he responded to complaints by the neighbors that DJ music was too loud by not allowing a DJ at wedding held on the property. He also agreed that wedding ceremonies would be concluded by 9 p.m. Mr. Quello advised if he was not allowed to open up this property for community use, then it may fall to disrepair, the house torn down, and/or the property subdivided. Mr. Quello referred to the property as a cultural resource and outlined how it boosted the local economy. Mr. Quello advised that during the previous hearing before the Planning Commission, "mistruths" were spoken - numbers and claims were exaggerated. TIGARD CITY COUNCIL MEETING MINUTES - AUGUST 22, 2000 - PAGE 5 In response to a question from Councilor Hunt, Ms. Hajduk confirmed that if the Council was to vote in favor of Mr.Quello's proposal, then the same conditions would apply to all ten properties within the Historic Overlay District. There was discussion on conditions of approval and case-by-case reviews; however, such conditions may be difficult for staff to enforce. Legal Counsel Tim Ramis confirmed the Council had the ability to approve a legislative amendment or to consider requests on a case-by-case basis. City Manager Monahan noted the need for regulations to be outlined within the Tigard Municipal Code. Councilor Scheckla questioned Mr. Quello on his claim with regard to the number of parking spaces available. Mr. Quello reviewed where parking was available on his property. He said he had an oral agreement to use the 48 parking spaces across the street with the School District. Councilor Scheckla questioned whether Mr. Quello could host a wedding on the property and have control over activities as well, noting the close proximity of the neighbors. He also noted that most of the petition signers lived outside of the area. City Attorney Ramis urged that people testifying speak to the broader legislative issue; that is, remarks should not be focused only on the Quello property. Sydney Sherwood, 10305 SW 87"' Avenue, Tigard, Oregon, testified in support of the request for a legislative amendment. She noted her involvement with the Historical Society and the Tigard Chamber of Commerce. She advised there were so few places of historic value within the community and asked that there be an opportunity for individuals to make a living using these historic locations, even if restricted. Dan Mitchell, 16585 SW 92nd Avenue, Tigard, Oregon, advised he was a neighbor of the Quellos. He said there had never been any problems with parking because of activities at the Quello property. He reviewed the refurbishing efforts of the Quellos for this home and grounds. He advised the noise from the Balloon Festival was worse than what he had experienced from the Quello property. Jay Foster, 13183 SW 64`h Avenue, Tigard, Oregon, said that events at the Tigard High School were louder than a wedding. He said the noise issue was petty and referred to the limited hours of the weddings (i.e., 4 p.m. to 8:30 or 9 p.m.). He cited instances where parties were held at residences to raise funds. TIGARD CITY COUNCIL MEETING MINUTES -AUGUST 22, 2000 - PAGE 6 Martha Fiala, 12525 SW Tooze Road, Sherwood, Oregon 97140, referred to the rapid growth in the community. She requested the Council to consider options noting the historic significance and what they were saying about the community. Heather Whitehead, 9550 SW 91 st Avenue, Tigard, Oregon, advised she was getting married over this Labor Day Weekend. She said she had always wanted to have her wedding at the Quello house, but now was forced to move her wedding activities to Oregon City. She referred to the lost business that would occur, as guests would now be staying in Oregon City. She said this was a disservice to the people of Tigard. Ms. Whitehead also noted the number of activities that already occurred in this area, which included the 4" of July event, the Balloon Festival, football games, etc. - Elaine Beauregard, 11600 SW Gallo Street, Tigard, Oregon, advised that the Tigard area lacked historical identity. She noted this request represented something positive for Tigard - for its economy and added character to the area, which is lacking. She requested the Council to maintain flexibility; i.e., consider requests for such uses on a case-by-case basis. She urged that people be willing to make concessions. Opponents: - Don Manghelli, 16415 SW 93'" Avenue, Tigard, Oregon, advised his property was adjacent to the Quello property. He noted that if the Code were to be changed as proposed, then his personal life would be affected. He recounted how weddings were scheduled for every weekend last year. Such activities were not in keeping with a residential character. He referred to the Planning Commission's decision and urged the City Council to reject the proposal for a zone ordinance amendment. Carol Gifford, 9255 SW Millen, Tigard, Oregon, read her testimony from a prepared statement. She advised that if the Council approved the request, then the value of her home might be reduced. She said that while a bed and breakfast establishment would represent a good business within the City of Tigard, such use was not compatible with a neighborhood. She advised she is opposed to both a bed and breakfast use and for wedding ceremonies to be conducted on these properties. Cary Holzwarth, 9240 SW Millen Drive, Tigard, Oregon, testified her property was next to the Quello property. She noted that when weddings a are held on the Quello property, then they must alter their plans and curtail 7 the use of their backyard. She noted that 12 weddings per year would mean that there would be a wedding on the property every weekend for the a entire summer. TIGARD CITY COUNCIL MEETING MINUTES - AUGUST 22, 2000 - PAGE 7 Cheryl Cappelli, 16405 SW 931d Avenue, Tigard, Oregon, expressed concerns with livability. She said she was opposed to both bed and breakfast and wedding uses advising that business and residential activities do not mix. She noted her neighborhood already bears their share of community activities: Balloon Festival, 4`h of July, and Tigard High School events. She noted the transient population all of these activities bring to the area. Approval of the proposed amendment would add to the noise, traffic and stranger problems for the neighborhood. Amy Martin, 9260 SW Millen Drive, Tigard, Oregon, said her property was adjacent to the Quello property. She advised she was opposed to both the bed and breakfast and wedding uses citing concern with protection of the value of her home. Gail Dowler, 16515 SW 93`d Avenue, Tigard, Oregon, said that, at times, she could feel the reverberation of the music from the Quello property. She noted that during community events, such as the Balloon Festival, she would leave town. She said it was not fair that she could not have peace and quiet and enjoy her deck. She said she should not have to pay with quality of life and was vehemently opposed to commercial uses for the Quello property. She asked the Council not to approve an ordinance allowing the zone ordinance amendment. - Karen Butler, 9220 SW Millen Drive, Tigard, Oregon, noted that even though this was a legislative matter affecting nine other properties, no one else came forward to support such uses for these other properties. She referred to past problems with activities at the Quello property, including difficulty in enforcing the noise ordinance. She noted the activities on the Quello property took away from her personal outdoor time. She also noted there was no enforcement of parking. - Mark Padgett, 11270 SW 92"d Avenue, Tigard, Oregon, objected to the request on technical grounds. He said this was a site-specific issue. He acknowledged different rules could be created for properties on a case-by- case basis; however, this would cause enforcement problems for staff. This is not a use that would be expected for a residential lot. He asked the City Council to support the Planning Commission recommendation. - Mark Mahon, 11310 SW 91 "Avenue, Tigard, Oregon, advised he was in favor of historic preservation; however, he said he failed to see the connection of historic overlay and requests for uses such as a bed and breakfast or wedding ceremonies. d. Staff Recommendation: Ms. Hajduk advised that staff recommended approving bed and breakfast uses as a conditional use and to deny the amendment to allow outdoor weddings in historic overlay zones. TIGARD CITY COUNCIL MEETING MINUTES -AUGUST 22, 2000 - PAGE 8 e. Council Discussion, Questions, Comments Council discussed and clarified with staff the components of the request before the Council. Nine other properties could be affected by this decision but there was no testimony except for those remarks pertaining to the Quello property. Staff noted that because this is a legislative matter, individual notices were not sent to advise of the hearings; legal notices advising of the hearings were published in the newspaper. Ms. Hajduk clarified that the Planning Commission heard requests for historical overlay designations. The Hearings Officer heard conditional use permit requests. Both processes included a public involvement process. Ms. Hajduk acknowledged that conditional uses could be imposed for bed and breakfast uses and she referred to some of the conditional uses proposed by Mr. Quello for weddings. Ms. Hajduk said she understood that the Planning Commission decided to deny the bed and breakfast use because it was thought that such use might be allowable under the Home Occupation Permit process. f. Council President Moore closed the public hearing. g. Council Consideration: Councilor Scheckla advised he would look favorably at approving bed and breakfast uses, but not weddings. Councilor Hunt noted he had mixed emotions about the issue and referred to activities within Cook Park (such as the "bandstand" recently constructed), which had a noise impact as well. Councilor Patton advised she also had mixed emotions noting the need to preserve historical character when possible. She advised she had concerns about how this issue was approached; that is, as a legislative issue when it appeared to be focused on one residence. Councilor Patton said she sympathized with the neighbors' issues. She indicated she would be willing to consider a bed and breakfast use with conditions. Council President Moore said he recognized the importance of preserving livability in the community and that a commercial business could be disruptive to a neighborhood. He commented that he thought a bed and breakfast use would be less intrusive than the wedding use. a TIGARD CITY COUNCIL MEETING MINUTES -AUGUST 22, 2000 - PAGE 9 Discussion followed among Council members and staff with regard to bed and breakfast uses and the process that could be followed to consider bed and breakfast opportunities in the community. There was also discussion on how bed and breakfasts were regulated; that is, what are the requirements for bathrooms and how many people could be accommodated at one time. Motion by Councilor Patton, seconded by Councilor Scheckla to deny the request for a Code amendment to conditionally allow bed and breakfasts facility and wedding uses in historical overlay zones. Further the Council requests staff to come back at a later time with information about conditional use permits for bed and breakfasts in general. (Tentatively scheduled for the workshop meeting of October 17, 2000.) The motion was approved by a unanimous vote of Council present: Council President Moore and Councilors Hunt, Patton, and Scheckla voted "yes." Council recessed at 10:06 p.m. Council reconvened at 10:25 p.m. 7. PUBLIC HEARING (INFORMATIONAL) - FINALIZE FORMATION OF SANITARY SEWER REIMBURSEMENT DISTRICT NO. 14, ESTABLISHED TO INSTALL SEWERS IN THE SW WALNUT AND TIEDEMAN STREETS a. Staff Report: Project Engineer Greg Berry reviewed the staff report to finalize the formation of this reimbursement district. (See information on file with the meeting packet material.) Mr. Berry noted that there was a cost increase over 10% (exception covered in TMC 13.09.105(2)) Mr. Berry described the calculation of each property owner's share of the cost for the sewer, which was based on the square footage for each lot. The City Engineer's report on this project is on file with the meeting packet material. b. Public Testimony o Mr. Glen Haddock, 10495 SW Walnut Street, Tigard, Oregon, noted concerns with his share of the cost of the reimbursement district. Mr. Haddock's lot is large, which means that he will be assessed a higher amount. Mr. Haddock thought this was unfair and proposed that since each property owner receives the same benefit, then the assessment should be divided equally among the property owners. Mr. Haddock said his cost for hook up to the sewer would amount to about $20,000. Council members and staff explained how the program works to Mr. Haddock, noting that hookup to the sewer system is optional. They also explained the benefit of hooking up after the first year of formation, wherein the City will pay for costs after $8,000 up to a maximum of TIGARD CITY COUNCIL MEETING MINUTES - AUGUST 22, 2000 - PAGE 10 $15,000. Any amount over $15,000 would be the responsibility of the property owner. A property owner may hook up at any time after formation; however, after the first year simple interest would also accrue and there would be no subsidy offered by the City. If the property owner waited to connect to the sewer until after the 15'' year of formation, then there would be no charge for the cost of building the sewer main. However, there would be connection fees and the property owner would also pay for the line from the home to the sewer main. With regard to the proposal by Mr. Haddock that the costs be divided equally among the properties, Mr. Berry advised that larger properties often have the potential of subdividing, which is why the district cost allocation formula is set up on a square footage basis. Mr. Berry confirmed that this methodology is consistent with past practice. C. Motion by Councilor Patton, seconded by Councilor Hunt, to approve the formation of Sanitary Sewer Reimbursement District No. 14. The motion was approved by a unanimous vote of Council present: Council President Moore and Councilors Hunt, Patton, and Scheckla voted "yes." 8. APPOINTMENT OF INTERIM MAYOR City Manager Monahan introduced this agenda item. City Attorney Ramis advised that the proposed resolution was the opportunity to vote and memorialize the consensus decision made by the City Council on August 15, 2000, to appoint Jim Griffith as Interim Mayor. Councilor Patton commented that she thought the process used by the City Council was a good one insofar as it was objective and provided a method for Council to reach a consensus. Councilor Hunt reminded that Mr. Griffith would not be precluded from running for the office of Mayor in March because of this appointment. Council President Moore noted there were a number of top quality candidates who applied for the Interim Mayor position. i Motion by Councilor Patton, seconded by Councilor Scheckla to adopt resolution { No. 00-53. i { City Recorder read the following: i f TIGARD CITY COUNCIL MEETING MINUTES - AUGUST 22, 2000 - PAGE 11 RESOLUTION NO. 00-53 -A RESOLUTION APPOINTING JAMES E. "JIM" GRIFFITH MAYOR OF TIGARD FROM SEPTEMBER 12, 2000, UNTIL ELECTION RESULTS OF THE MARCH 2001 ELECTION ARE CERTIFIED TO ELECT A MAYOR TO COMPLETE THE UNEXPIRED TERM OF JIM NICOLI. The motion was approved by a unanimous vote of Council present: Council President Moore and Councilors Hunt, Patton, and Scheckla voted "yes." 9. COUNCIL LIAISON REPORTS Councilor Scheckla expressed appreciation for the new facilities at Cook Park. He also referred to recent activities to create a natural area within the park (wetland mitigation). Councilor Scheckla asked about the work on 99W under the supervision of the Oregon Department of Transportation (ODOT). It appears that metal plates are being placed in areas that have already been paved. Staff will check with ODOT officials to determine the status of the project. 10. NON AGENDA ITEMS: None. 11. EXECUTIVE SESSION: Canceled. 12. ADJOURNMENT: 10:41 p.m. ~CI.~tJ2lLc,ri..e. Gc.' Attest: Catherine Wheatley, City Record AWN or, it -qf iga ate: I:\ADM\CATHY\CCA\000822.D0C i i Ii I I TIGARD CITY COUNCIL MEETING MINUTES -AUGUST 22, 2000 - PAGE 12 oil Millis= COMMUNITY NEWSPAsPERS9 INC. Legal P.O. BOX 370 PHONE (503) 684-0360 Notice TT 9 711 BEAVERTON, OREGON 97075 Legal Notice Advertising *City of Tigard ° ❑ Tearsheet Notice 13125 S6-7 Hall Blvd. °Tigar.d,Oregon 97223 • ❑ Duplicate Affidavit *Accounts Payable O AFFIDAVIT OF PUBLICATION STATE OF OREGON, ) COUNTY OF WASHINGTON, )ss- 1, Kathy Snyder being first duly sworn, depose and say that I am the Advertising Director, or his principal clerk, of theSitlaYd-Ttza Lat in " times a newspaper of general circulation as defined in ORS 193.010 and 193.020; published at Tigard in the eforesaij county ands ate; that the Meetings High zghts:Loca1 Contract Review Board a printed copy of which is hereto annexed, was published in the entire issue of said newspaper for 01JE successive and consecutive in the following issues: August 17, 2000 OFFICIAL SEAL ' SUZETTE t. CURRAN NOTARY PUBLIC-OREGON COMMISSION NO. 329400 MY COMMISSION EXPIRES NOV. 28.2003 JyLk4 CLI%- Subscribed and sworn to befo me t c 17th day of August, 2000 Notary Public for Oregon My Commission Expires: AFFIDAVIT The following meeting highlights are published for your information. Full agendas may be obtained from the City Recorder, 13125 S.W. Hall P~ Boulevard, Tigard, Oregon 97223, or by calling 639-4171. N TIGARD CITY COUNCIL AND LOCAL CONTRACT REVIEW BOARD MEETING yi August 22, 2000 - 6:30 P.M. TIGARD CITY HALL - TOWN HALL 13125 SW HALL BOULEVARD, TIGARD, OREGON * Public Hearings: - Code Amendment to Allow. Weddings and Bed & Breakfasts in His-. toric Overlay Zones - Finalize Formation of Sewer Reimbursement District No. 14, SW Walnut and Tiedeman Streets * Announce Walnut/Tiedeman Street Opening Ribbon-Cutting Ceremony * Presentation of Community-wide Opinion Poll Results on Bus Ser- MIMI! vice, Transportation, Growth, Parks & Recreation, Public Safety, and Library Services. * Selection of Interim Mayor (if not selected at the August 15, 2000, meeting. TT9711- Publish August 17, 2000. COMMUNITY NEWSPAPERS, INC. Legal P.O. BOX 370 PHONE (503) 684-0360 Notice TT 6704 BEAVERTON, OREGON 97075 Legal Notice Advertising °City of Tigard ° ❑ Tearsheet Notice 13125 SW Hall Blvd. °Tigard,Oregon 97223 ° ❑ Duplicate Affidavit °Accounts Payable ° AFFIDAVIT OF PUBLICATION STATE OF OREGON, ) COUNTY OF WASHINGTON, )ss. being first duly sworn, depose and say that I am the Advertising. Director, or his principal clerk, of theTi card-T ,a 1 ati ri Tmes a newspaper of general circulation as defined in ORS 193.010 and 193.020; published at T i ga rd in the aforesaid county and state; that the Pithlic Hearing/70A 2nno-Dono1 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 3, 2000 RECEIVED C.O.T AUG 10 2000 Administration Subscribed and sworn to ore me this 3 r-t1day of A„ gill st , 2 0 0 0 OFFICIAL SEAL ROBIN A. BURGESS Not Public for Oregon NOTARY PUBLIC-OREGON My Commission Expires: COMMISSION NO. 062071 MY COMMISSION EXPIRES MAY 16, 2001 AFFIDAVIT The following will be considered by the Tigard City Council on Tuesday, August 22, 2000, at 7:30 P.M., at the Tigard Civic Center - Town Hall, 13125 SW Hall Blvd., Tigard, Oregon 97223. The Council will receive a recommendation from the Planning Commission. Public oral and written testimony is invited. The public hearing on this matter will be conducted in accordance with Chapter 18.390.060E of the Tigard Municipal Code, and rules and procedures of the Tigard City Council. Further information may be obtained from Julia Powell Hajduk in the City , of Tigard Planning Division at 13125 SW Hall Blvd., Tigard, Oregon i 97223, or by calling 639-4171. PUBLIC HEARING ITEM: i ZONE ORDINANCE AMENDMENT [ZOA] 2000-00001 *CODE AMENDMENT TO CONDITIONALLY ALLOW WEDDINGS AND BED & BREAKFAST ESTABLISHMENTS IN HISTORIC OVERLAY ZONES« The applicant is requesting an amendment to the Community Development Code to conditionally allow Weddings and Bed & Breakfast establishments in all Historic Overlay zones. LOCATION: All zones with a Historic Overlay designation - citywide. ZONE: Historic Overlay Zones citywide. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.380, 18.390, and 18.740, Comprehensive Plan Policy 3.7.1, Metro 2040 Plan, and Statewide Planning Goals 1, 2 and 5. 1 1 City of Tigard :w,y I3IST01RIC ZONING DISTRICTS PLDa<orA ST i101e 1.MY/NU 10 mn.tyadbNtiriiMUpP41n ♦ IPFAFF tlMl+r C"01 T"' sD V WW "hits". LllM E 2v ~1 CRpE LE., ST, ~ 'Pv R g v+Al•"= < r • I iI;. _ t ~~GAiijpE y 5T t7 - Ily(i~' 1 _BONITA _ RO I IBfo ^I POi 12 10 . l y, ~ -~rj1Y I, I TT9704 - Publish August 3, 2000. s a a 111111 lil jiji~jl 11 AGENDA ITEM # ~~t 1~\i ess ion FOR AGENDA OF 8-22-00 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Election Law Training PREPARED BY: Tim Ramis by ew DEPT HEAD OK CITY MGR OK L-f ISSUE BEFORE THE COUNCIL Participate in training session conducted by the City Attorney to familiarize the City Council, Transportation Bond Task Force members, and staff with up-to-date information on election law. STAFF RECOMMENDATION Discussion topic only. INFORMATION SUMMARY Since this is an election year for the City of Tigard Council and also because the City of Tigard plans to have a bond measure on the November 7, 2000 ballot, it is timely to review current election law with the Council and members of the Transportation Bond Task Force. Attached is an outline of the information that will be reviewed by City Attorney Tim Ramis. Also attached is some information from the Secretary of State's office containing the 2000 Election Law Summary for Candidates and PACs and Restrictions on Political Campaigning by Public Employees. OTHER ALTERNATIVES CONSIDERED n/a 1 VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY i i n/a i FISCAL NOTES a n/a a 1:1ADM\CITY COUNCIOCOUNCIL AGENDA ITEM SUMMARIES\ELECTION TRAINING 8-15-OO.DOC CITY OF TIGARD v ELECTIONS LAW TRAINING AUGUST 2000 PRESENTED BY TIMOTHY V. RAMIS OF I2AMIS CREW CORRIGAN & BACHRACH, LLP TOPICS OF DISCUSSION 1. STATE LAW, CITY CHARTER AND CITY CODE 2. CITY ROLE IN ELECTIONS 3. BALLOT MEASURES 4. RESTRICTIONS ON ADVOCACY 5. CANDIDATE ELECTIONS 6. CAMPAIGN FINANCING I:\ADM\CITY COUNCILTLECTIONSTRAINING.DOC 1011111 OFFICF. OF THE SECRETARY OF STKPF; EUCTIONs DrviswN "a) CE )LIXI N SI:A LI WX BILL. BRADBURY Q. ` D r:ecrc)R SECRETARY OP STATE N 141 STATE CAPITOL SALCM. OREGON 97310-0722 CLEC IONS- (503) 986-1518 February 1, 2000 TO: All City Election Officials FROM: Colleen Sealock Elections Director SUBJECT: Election Law Reminders Please find attached a memo we are sending to all candidates and political committees that file with the Secretary of State's office regarding election law reminders to help prevent election law violations. We are sending this copy to you so that you may distribute it to the candidates and political committees that file with your city. If you have any questions, please call Scott or Norma at (503) 986-1518. Thank you for your assistance. OFFICF OF TM SECRETARY OF STATF l:LLC.TlI 1N5 ❑I\'IS ION 9t)LIXEN SII7I.1M A BILL BRADBURY Q: :r! Uutccnnt 141 STATE 97 SEr.RETnRY Or STATE 10 0-. SALEM. Orsrcu'. J733110-072'L Gt.ecTION.S - (503) 986-15111 February 1, 2000 Dear Local Official: In recent years there has been a significant increase in the number of alleged election law violations investigated by the Elections Division. In a number of cases our office finds a violation and imposes a fine. Our goal is to reduce the number of complaints and violations by helping educate all Oregonians about these important laws. Attached is information about a major election law administered by my office. I hope you will find it useful in appropriately discharging your official duties. This memo discusses ORS 260.432, solicitation of public employees; activities during working hours. This law prohibits public employees from spending time during working hours to promote or oppose candidates, petitions or ballot measures. Oral, written, and broadcast efforts all fall under this provision. I urge you to pay special attention to the attached discussion, and to consult with your legal counsel or our office if you have questions. Sincerely, Bill Bradbury Secretary of State Attachment i w w • _ a e t f• 2000 ELECTION LAW SUMMARY for CANDIDATES and PACs Issued by: Bill Bradbury Secretary of State Elections Division 141 State Capitol Salem, OR 97310 Tel: 503-986-1518 Fax: 503-373-7414 Web: wviw.sos.state.or.us January 2000 ELECTION LAW SUMMARY for CANDIDATES and PACs Introduction: This document provides readers with a list of some of the election laws that apply to .campaigning in Oregon. The information should be viewed as a reference or starting point rather than a comprehensive list of all activities which could fall under the election laws. This information is to be used in addition to that provided in the 2000 Cam- paign Finance Manual and other manuals specific to candidate and petition processes. It is our intent to give readers a framework upon which to base decisions regarding election-related activities. We extend the services of our office to individually review and advise agencies, candidates, committees and individuals on allowable actions in advance of undertaking activities that may cause concern about the application of election law. ORS 251.075(1); Voters' Pamphlet Portrait For example, "John" cannot legally give money Portraits submitted for the state voters' pamphlet to "Sue" (individual or organization) with the must have been taken within twoyears of the date agreement that "Sue" contribute the money to the portrait is filed with the Secretary of 'State. Candidate "Mary" stating that the contribution is from "Sue" rather than from the actual contributor, "John". ORS 260.174; Contributions Prohibited During a Legislative Session, and Exceptions Also, a collection cannot be taken to support or This election law prohibits campaign contributions oppose a petition, measure or candidate with the during a legislative session (with the exception that proceeds then contributed in the name of the a candidate may contribute their own personal funds collecting organization. to their own campaign). This prohibition applies to candidates for statewide ORS 260.407; Personal Use of Excess Campaign and legislative office as well as current legislative Funds and statewide officials from December 31 before the A candidate may not legally use excess campaign regular legislative session to its adjournment. It also funds for individual's personal use. A candidate includes the Governor and candidates for Governor may use campaign funds not needed to defray from December 31 before the regular legislative campaign expenditures: session and ending 30 business days after its adjournment. This prohibition also includes special • To defray any expenses incurred in connec- sessions of the legislature. tion with the recipient's duties as a holder of public office; For more detailed information, see page 26 of the • To contribute to any political committee; 2000 Campaign Finance Manual. O To contribute to any organization described in sec. 170(c) of Title 26 of 1.1.S.Code, or to any charitable organization defined in ORS ORS 260.402; Contributions in False Name 128.620: or A person cannot knowingly make, and a candidate i For other lawful purpose (except personal or political committee cannot knowingly accept and use). record, a contribution in a person's name other than the name of the actual contributor. Violation of this For more information, see pages 29 and 30 of the statute is a Class C Felony. 2000 Campaign Finance Manual. -1- ORS 260.432 (1); Solicitation of Public Employees during their work time. Again, care must be taken in No person - including public employers and soliciting "volunteer help" during employee breaks or elected officials - may require a public employee other personal time, as the employee may feel ve- to promote or oppose any political committee or quired to participate. any initiative, referendum or recall petition, ballot measure or candidate. ORS 260.432(2); Activities of Public Employees For instance, an elected official or any other During Working Hours employer of a public employee may not require or Public employees (including school administrators, direct public employees to prepare or distribute city managers, police chiefs, etc.) may not be involved materials used in support or opposition of political in promoting or opposing any political committee or activity during regular working hours. A work ary• initiative, referendum or retail petition, measure assignment made by a supervisor to a subordinate or candidate "while on the job during working hours." public employee is a command or requirement NOTE: This subsection does not apply to elected within the meaning of ORS 260.432(1). public officials, but does apply to all other public employees, including the staff of elected public officials. Elected officials or other employers of public Unpaid public officials, such as members of appointed employees should be aware that when they - in boards and commissions, are considered to be public the role of a supervisor - request a public em- employees subject to this statute. ployee to perform any campaign activity (such as The overriding principle is that public employees typing and mailing a campaign-related document) cannot use their work time to support or oppose that the request is considered to be an attempt to measures, candidates or petitions. require the public employee to perform those tasks. Furthermore, care must be taken in soliciting "volun- public employees who are on work time or official teer help" during employee breaks, or other personal duty may not perform campaign activities supporting time, as the employee may feel required to participate. or opposing a measure, candidate or petition, such as However, an elected official may personally advocate preparing or distributing written material. Public employee work time may also not be used for any for or against candidates, measures or petitions on the related activities, such as collection of funds or official's work time. NOTE: A person appointed reparation of election filing forms on behalf of a to fill a vacancy in an elective office is considered an preparation n political committee. elected official for purposes of this statute. A public employee may provide impartial, factual Oregon election law allows elected officials to communicate with their constituents about election information related to a candidate, petition or mea- issues. However, elected officials must be careful to sure as a part of the employee's job on work time. Lunch hours, breaks and time off -when the em- not involve public employee's work time in any ployee is considered to be off duty -may be used for activities that could be construed to be supporting or aiding political activity, dependent on other employer lunch/ an advocacy campaign effort, such as pre break policies. However, any such activity must be of paring advocacy material on behalf of an elected nature on the part of the employee and the official (i.e. speeches, letters, advertising pieces). a voluntary employee should not feel coerced or obligated b For instance, support staff can not prepare press supervisor or co-worker. by a releases or constituent mail that supports or op- poses a candidate, measure or petition. Also, they political buttons may be worn at any time, subject to must not prepare candidate filing forms, voters' pamphlet filing forms, contribution and expenditure applicable employer policies. (C&E) report forms or related correspondence -2. 111 1, ~ III I 111, 10 pi I The Secretary of State has prepared a more detailed -the Secretary of State. (See ORS 260.715(1) discussed memorandum on ORS 260.432 for public employ- on page 6 concerning certain complaints.) ees, local governing bodies and elected officials. Complaints must be filed with the appropriate This includes guidelines for determining whether or circuit court: Either in the county in which the not written material relating to a measure is advo- defendant resides or in the county where the cacy in support of or opposition to the measure. A material was published. If a complainant wishes to copy of this memorandum is available upon request. pursue a complaint related to a false statement, the complainant may need to contact an attorney. ORS 260.522; Identification Required on Political Material ORS 260.550; Use of Term "Incumbent" This law specifies the identification required on This law prohibits the use of "incumbent" or a political material. Based on a 1999 Attorney Gen- description of a candidate as the incumbent when eral opinion (OP 8266) concerning the statute's the candidate is not the incumbent. The Question constitutionality, we do not enforce the identifica- often arises about whether, in a campaign context, tion requirement. However, we strongly suggest that the word "for" in between a candidate's name and identification (i.e., name and address of who is the name of the office for which the person is responsible) voluntarily be included on political running, is allowable. publications in order to provide the public with the important knowledge of who is authorizing the An example is "loan Smith - State Representative" publication. used in a campaign publication when loan Smith is not the incumbent. This reference to the office Campaign finance reporting requirements are still directly following the candidate's name may imply enforced. An individual spending more than $50 either that the candidate is the incumbent or is supporting or opposing a candidate or measure running for that office. Because this does not must either file an independent expenditure form necessarily imply incumbency, it is not a violation (as discussed in the 2000 Campaign Finance of election law. However, we strongly advise candi- Manual) or the benefiting candidate or political dates to make their campaign wording clear and committee must report the expenditure as an in- avoid misunderstandings and possible complaints kind contribution. by including the word "for" in between the candidate's name and the office title, such as. "loan Radio and television advertisements are regulated Smith for State Representative." Another alternative by the Federal Communications Commission (FCC). in which it is clear that the candidate is running for These regulations are still enforced. Contact the office and does not imply incumbency is "Elect loan FCC for more information: (202) 418-0200. Smith State Representative." Questions also arise over the use of "re-elect.- ORS 260.532; False Publication Relating to There is no longer any election law that specifically a Candidate or Measure addresses the use of the term "re-elect". However, a No person may knowingly or with reckless disre- candidate may not use the term "re-elect" - by a gard make a false statement of material fact about a itself or with other statements clearly intended to i candidate or measure. Candidates are liable if they state incumbency - if the candidate is not the a know of and consent to false statements made by incumbent in the office and the statement is com- others. This election law is enforced by private lawsuit pletely false. between the parties involved and is not enforced by -3- ORS 260.555, ORS 260.558, ORS 260.575 and ORS 260.665; Undue Influence ORS 260.715(1); Relating to Initiative, Referen- This election law prohibits the use of "undue dum and Recall Petitions influence" as defined in the statute for certain These four statutes involve initiative, referendum purposes. Some subsections are criminal penalty and recall petitions. offenses (Class C Felony) and the remainder are civil penalty offenses. ♦ ORS 260.555 prohibits circulators of an initiative, referendum or recall petition from The specific definition of "undue influence" in- knowingly making false statements about the cludes the use of: contents, meaning or effect of the petition. No person shall file a petition knowing it has a • Force, violence, restraint or the threat of it; false signature, and no person shall knowingly • inflicting injury, damage, harm, loss of sign a petition more than once or when not employment or other loss or the threat of it; Qualified to sign it. Violations of this statute are • Fraud; or Class C Felonies. • Giving or promising to give money, em- ployment or other thing of value. ♦ ORS 260.558 prohibits payment (either money or other valuable consideration) to an To violate this law, a person, acting either alone or individual for signing or not signing an initi- with or through another person, must subject a tive, referendum or recall petition. It also person to "undue influence" with the intent to prohibits the purchase of petition signature induce the person to take one of the following sheets with signatures already on them. (This actions: does not prohibit payment to signature gatherers for the act of collecting signatures.) Civil Penalty: • Register or not register, vote or not vote, or ♦ ORS 260.575 prohibits any person, for the register or vote in a particular manner: purpose of extorting money or other consider- • Challenge or not challenge a person ation. from hindering an initiative, referendum offering to vote; or or recall petition process. Violation of this - • Apply or not apply for an absentee ballot. statute is a Class C Felony. Criminal Penalty: ♦ ORS 260.715(1) prohibits, relative to • Become or not become a candidate or initiative, referendum and recall petitions as cease being a candidate; well as candidate filing petitions, any circulator 0 Contribute or not contribute to any candidate, knowingly falsely signing the circulator's political party or political committee; or certification statement. The circulator's certifi- • Render or not render services to any cation statement reflects that the circulator has candidate, political party or political personally witnessed each signature the circula- committee. for has collected. It is not legal for the petition to be left unattended by a circulator in order to Many situations that may be considered "influence- obtain signatures, e.g., posted on a bulletin are not considered to rise to the level of "undue board in a public place. Forged signatures on influence." For instance, an expression of personal petitions are prohibited. Violation of this opinions on political issues is not undue influence. statute is a Class C Felony. -4- The law contains exceptions. These exceptions allow requested by the Elections Division if a complaint employing persons to render services to a candidate alleging an election law violation is filed. or PAC; distributing free-of-charge campaign items that are readily available to the public without 2. What is "providing, refreshments incidental" charge; providing free child care when people are to a political gathering? The legislature intended voting; providing free transportation to the polls (if to exempt the common practice of providing coffee no campaign influence is used with the transportation); and cookies at neighborhood gatherings. Caution and providing refreshments incidental to a political should be used in interpreting "incidental refresh- gathering. ments" in ways that depart from the legislative intent. Foot; or refreshments, at no charge, may not Two types of questions that often arise regarding be a featured attraction to induce people to ORS 260.665 are: attend a political event (i.e. "Join Candidate John Doe at a free spaghetti feed"). If more food is 1. What is "giving something of value?" The being served than what would be conservatively Elections Division and the Attorney General inter- defined as incidental to the event, thenyou may pret ORS 260.665 to prohibit candidates and either: 1) charge for the cost of the food only campaigns from giving away items of even nominal (example A), or 2) charge a per plate/per person value, as the statute has no minimum limit on what cost in excess of the value of the food (example B). is a "thing of value." This includes advertising items Only the amount collected in excess is considered such as pencils and balloons, since they have an a campaign contribution. independent value to the recipient and are an item for which some charge would otherwise be made. Example A: "Join John Doe for spaghetti dinner, cost $3.50 per person." ($3.50 is Campaign buttons, bumper stickers, posters, the actual cost of the dinner.) brochures and literature do not fall within the "thing of value" category because they have no Example B: "Join John Doe for spaghetti intrinsic value to the recipient, or no independent dinner, cost $25 per person," ($3.50 is the use. These items are purely campaign materials, cost of the dinner). Report each person as and have no other use. contributing the difference of $21.50. In 1973, the Oregon Legislature created an exception The 2000 Campaign Finance Manual contains for public distribution by candidates, political detailed information on campaign fundraising parties and political committees of sample ballots regulations and reporting. When in doubt regard- and "other items readily available to the public ing the provisions of ORS 260.665, we adviseyou to without charge". The key to qualifying for this call us beforeyou act. exception is that the item must be something which is regularly given away for free by, others, such as businesses, banks, restaurants, etc. Ordinarily these ORS 260.695; Prohibitions Relating to Voting and are items of nominal value which are given away as the Polling Place a form of advertising. The Elections Division, prior This election law contains many prohibitions to any free distribution of questionable items, relating to voting and the polling place. Two of the advises a person be able to provide verification that eighteen sections are: the items meet this requirement, including docu- mentation from several sources in the applicable ® ORS 260.695(1) states that no person may electoral district. This documentation may be create a sample ballot that changes the information that will appear on the -5- actual ballot unless the sample ballot the candidate has a college degree when the contains the statement, "NOT FOR candidate does not. OFFICIAL USE." A person may produce a sample ballot that illustrates the manner in which a candidate's name may be written-in. Election Laws Applicable to Voter Registration Efforts 6 ORS 260.695(2) states that no person may It is very important that persons designated to electioneer within a polling place or represent an organization in a voter registration within 100 feet of any entrance to a polling effort be trained to be aware of election laws that place. This includes traditional polling are applicable to their efforts. It is suggested that places on election day during polling place persons who will be encouraging persons to elections and the county elections office register to vote be aware of: during the period of time when the office is issuing ballots to electors and is open to 0 ORS 247.012(2)(a) states that if a the public. Ballot deposit sites are not registration card is delivered to any person, polling places because these are not that person shall forward it to a county locations where ballots are issued. Ballot clerk or the Secretary of State no later than deposit sites include post office boxes, the the fifth day after receiving the card. It may post office and official drop sites designated be advisable that the person instead, only by the county elections official. provide a voter registration card to a person who reo_uests it, and leave the "Electioneering" includes the display, responsibility of mailing it with the person distribution or circulation of any political who is registering. material or verbal statements supporting or opposing a candidate or ballot measure on ® ORS 247.125 states that no person shall any election, even an election other than alter any information supplied on a regis- the one being conducted. It also includes tration card except an elections officer in gathering signatures on any election- the performance of official duties or the related petition. person who fills out the registration card for the purpose of registering to vote. Violation of this statute is a Class C Felony. ORS 260.715(1); False Statements in Material Required by Election Law 0 ORS 260.665. This election law, dis- This election law prohibits knowingly making false cussed above, prohibits the use of "undue statements in material reopired by election law. influence" for certain purposes. The Violation of this statute is a Class C Felony. The specific definition of "undue influence" material includes the reo-uired information on includes giving some thing of value away to candidate filing forms and the reogired information induce someone to register to vote or to i for a candidate's voters' pamphlet statement. It vote, vote in a certain way, etc. Therefore, does not include the optional portion of the a person who is encouraging others to candidate's statement or measure arguments for register to vote must not provide anything 3 the voters' pamphlet. However. ORS 260.532 of value to a person who may want to a (discussed above) applies to the optional portions register to vote. of the candidate's statements and to measure arguments for the voters' pamphlet. An example of ® If a person who is encouraging others to a false statement under ORS 260.715(1) is stating register to vote is also circulating an -6- election petition (such as an initiative, an election petition until the person is referendum, candidate or recall petition) actually registered to vote. A Qualified there are additional election laws to be person is registered to vote on the day which aware of. There are instructions for the completed voter registration card is circulators on the cover sheets of the actually received by the County Clerk, the petitions, as well in the manuals provided Secretary of State, the Department of by the Elections Division. All petition Transportation, a designated voter registra- circulators have the responsibility to follow tion agency or a location designated by the these instructions. They also need to be County Clerk. aware that a person is not Qualified tQ sign Ifyou have questions about these or other election laws, please contact the Secretary of State, Elec- tions Division oryour local elections office. Election officials are dedicated to helping candidates, political committees and others comply with Oregon law. Contact these offices to assistyou with any questions. Secretary of State/Elections Division 141 State Capitol, Salem OR 97310 ' tel: 503-986-1518 fax: 503-373-7414 i 1 a 1 -7- ISSUE li EMN Restrictions On Political Campaigning by Public Employees ORS 260,432 Issued By Bill Bradbury „ Secretary of State 141 State Capitol Salem, Oregon 97310 January 2000 Table of Contents Introduction 1 Statutes - - - - - - - - - - - - - - - - 1 Restrictions and Allowable Activities- - - - - - - 1 • Examples of Restrictions- - - - - - - 2 • Examples of Allowable Activities- - - - - 2 • Provision of Information- - - - - - - - 2 •Telephone Calls 3 • Salaried vs. Hourly Staff- - - - - - - 3 • Use of Public Buildings - - - - - - - - 3 Elected Officials------------- 3 Written Material Relating to Measures- - - - - - 4 • Factual vs. Promotional- - - - - - - 4 • Determination of Advocacy- - - - - - 4 • Role of Elections Division- - - - - - - 6 Use of Signs or Banners- - - - - - - - - - 7 Websites and E-mail- - - - - - - - - - - - 7 Distribution of Political Material v4thin Agency- - - - 7 Public Notice Requirement- - - - - - - - - - 7 Conclusion--------------- 8 Attachments-------------- 9 • Examples • Statutes • Attorney General Letter about ORS 260.432,10/5/93 i • Public Employer Notice about ORS 260.432 i 3 a a RESTRICTIONS ON POLITICAL CAMPAIGNING BY PUBLIC EMPLOYEES ORS 260.432 Solicitation of Public Employees; Activities of Public Employees During Working Hours On-the-Job Political Activities by Public Employees Introduction: The purpose of this document is to provide the reader with'guidance on how the provisions of ORS 260.432 (1) and (2) apply to public employees, public employers and elected officials. The information should be viewed as a reference or starting point rather than a comprehensive list of all activities which could fall under these stat- utes. It is our intent to give the reader a framework upon which to base decisions regarding election-related activities. Further, we also extend the services of our office to provide prior review and advice to public agen- cies and individuals on allowable actions. Statutes: ORS 260.432 (1) states that a person - including public employers and elected officials - may not require a public employee to promote or oppose any political committee or any initiative, referendum or recall petition, ballot measure or candidate. ORS 260.432(2) states that public employees (including school administrators, city managers, police chiefs, etc.) may not be involved in promoting or opposing any political committee or any initiative, referendum or recall petition, measure or candidate "while on the job during working hours." NOTE: This subsection does not apply to elected public officials but does apply to all other public employees including the staff of elected public officials. Public officials who are not elected -whether paid for their service or not - such as members of appointed boards and commissions, are considered to be "public employees" for purposes of this statute. Restrictions and Allowable Activities The overriding principle is that public employees In fact, elected officials or other employers of public cannot use their work time to support or oppose employees should be aware that when they - in the measures, candidates, or petitions. role of a supervisor - request a public employee to perform any campaign activity (such as typing and A common violation involves preparing or distrib- mailing a campaign related document) that the request uting written material supporting or opposing a is considered to be an attempt to require the public measure, candidate, or petition. employee to perform those tasks. a Moreover, an elected official or any other employer The Elections Division has consistently found that in a of a public employee may not require or direct the work place, a superior's request to a subordinate is public employees to prepare or distribute such considered to be a command. materials. A work assignment made by a supervisor to a subordinate public employee is a command or The following examples of restrictions and allowable requirement within the meaning of ORS 260.432(1). activities are not all inclusive: however they do address a list of common concerns and issues. -1- MENNEN= Examples of Restrictions A The planning stage of a governing body's on Public Employees proposed issue, before it is certified as a measure to the ballot, is not subject to ORS 260.432. A Public employees may not be involved in Research, public meetings, surveys and other activities such as collection of funds, receipt and actions by a governing body to aid in the decision distribution of advocacy materials, or preparation making process of whether to put an issue to the of correspondence on behalf of political action ballot are not covered by the statute. committees or candidates while on their work time. ® It is not an election law violation for public A Public employees may not assist with candidate employees to use work time to perform their filing forms, voters' pamphlet filings, contribution standard job duty of taking the minutes of a public and expenditure (C&E) report forms or related meeting, including an elected official's discussion correspondence during their work time. and reasoning for adopting a resolution or voting to support or oppose a measure. A Public employee's work time can not be used to perform any related activities such as producing or ® The follow-up maintenance of the public record distributing political documents advocating a vote and making copies available upon reQuest from the for or against a measure, or news releases or public, in the same manner as staff would process letters announcing the elected official's support or any other similar citizen reQuest, is permitted. opposition to a measure, candidate, or petition. A If a body consisting of elected officials votes to A A public employee may not be involved in support or oppose a measure, a public employee's producing or distributing a news release announc- work time may be used in an incidental way to ing a candidate's filing which includes reasons for record the vote if that is part of the employee's support of the candidate, the candidate's goals if normal work duties. Activities beyond that, related elected, or other supportive information. to the elected official's vote, or that are intended to help in implementing a campaign strategy in some Examples of Allowable Activities way, are not allowed on the public employee's work for Public Employees time. A Lunch hours and breaks - when the employee A If an elected official's staff person participates is considered to be off duty - may be used for in any campaign activity - on a voluntary basis - political activity, dependent on other employer during working hours using lunch hours or any lunch/break policies. However, any such activity leave time, they should document the dates and must be of a voluntary nature on the part of the times spent in a personal journal or log book. The employee. In other words, employees who elect to employee must accurately record the use of the use this time for political activity must not feel leave time on their payroll worksheets. obligated or coerced to do so by co-workers or supervisors. Provision of Information A A public employee may be involved in voluntary ® A public employee may provide only impartial, campaign activity during the employee's personal factual information related to an initiative, referen- time in the evenings and on days off. Again, they dum or recall petition, measure or candidate as a should not feel coerced or obligated by their part of the employee's job on work time. supervisor. A If any public employee makes public presenta- A Political buttons may be worn at any time tions or speeches regarding an initiative or referen- subject to applicable employer policies. dum petition, or ballot measure while on their work time, or in an employee's "official capacity," -2- 1, 11 lig 11 1,11C2 fill Jill ill l11l1I 111111111 they must make sure the speech is only factual and capacity." For example, if the salaried employee neutral in its presentation. The criteria for written applies for expense reimbursement for the function, material discussed later in this memorandum it would indicate that they were "on duty." NOTE: applies. If complaints of this nature are received by the Elections Division, we will investigate whether or ® A public employer can tell employees about the not the activity was undertaken in the employee's possible effects of a measure, such as possible official capacity. layoffs; but the public employer must not threaten employees with financial loss if they vote one way or ® Personal note-keeping by salaried employees is another. suggested. Recording when the employee is on or off duty can determine whether they are acting in A public employee may address election-related their "official capacity". Also, during public appear- issues while on the job, in a factual and unbiased antes, the employee should specifically announce to manner, if such activity is legitimately within the the audience in what capacity they are speaking. scope of the employee's normal duties. For in- stance, the political process is a subject that might Use of Public Buildings and Other Facilities reasonably be discussed in a high school social studies class. In this context, the focus on a spe- If the governing body allows one political group cific election for illustrative purposes is not inap- to use public facilities, all groups should have the propriate as long as the employee's presentation of same opportunity. The same building policy should the material does not support or oppose any be used for everyone, including charging the same particular candidate, petition or ballot measure. fee. If uneoual access is granted, a public employee who facilitates such services may have committed Telephone Calls an election law violation. ® The handling of incoming calls about the Elected Officials elected official's availability for political events is permitted because the elected official's scheduler An elected official may personally advocate for or must be aware of the elected official's schedule. against candidates or measures on the official's work time. NOTE: A person appointed to fill a 4 Additionally, incoming calls about measures vacancy in an elective public office is considered an must be answered in a strictly factual manner. elected official for purposes of this statute. ® Elected official's staff should not make outgoing Oregon election law does not prohibit elected calls while on the job during working hours to officials from communicating with their constitu- solicit political scheduling opportunities for the ents about election issues. However, caution must elected official, organize campaign events, notify the be taken by elected officials to not involve public i press or constituents, or initiate any other political employee's work time in any activities that could be activity on behalf of the official. construed to be supporting or aiding an advocacy campaign effort, such as preparing advocacy Salaried vs. Hourly Staff material on behalf of an elected official (i.e. speeches, letters, advertising pieces). ® Salaried employees' work time is not as easily a measured as that of hourly workers. Salaried For instance, support staff can not prepare press employees must be careful during all appearances releases or constituent mail that advocates a vote, both after normal work day hours as well as during candidate filing forms, voters' pamphlet filing working hours. They must not advocate on behalf forms, contribution and expenditure (C&E) report of, or against a petition, measure or candidate if forms or related correspondence during their work they are considered to be in their "official -3- ti- time. Furthermore, care must also be taken in Determining Whether Material is soliciting "volunteer help" during employee breaks, Campaign Advocacy: or other personal time, as the employee may feel reouired to participate. Some factors that will be considered in making the determination of whether the material is advocacy Written Material Relating to Measures include, but are not limited to, the following listing. NOTE: Any of the factors listed below, viewed in isolation, may not be sufficient to reach Factual versus Promotional Material Prepared by this conclusion. However, taken as a whole, the Public Employees combination of factors may indicate that the mate- . rial is campaign advocacy. ♦ Written material prepared or distributed by public employees must be impartial. "Impartial" a) The timing of the publication relative to the means eQuitable, fair, unbiased and dispassionate. election may, in some situations, be a factor if The material needs to contain a balance of factual material is not typically published except at the information. This means that the material can not time of an election and the information can be lead the voters to support or oppose the measure construed as advocacy. by selective use of factual material, even if the material does not expressly urge ayes or no vote. Example:. A special district produces a newsletter The material may be determined to be advocacy if, published shortly before a March election at which when read in its entirety, it appears to be intended board members are to be elected and the newslet- to generate votes for or against the measure. A ter prominently features photographs of all of the reader should finish reading the information and current board members. Some of these board think, "1 have learned something about the mea- members are up for election. Whether or not this sure," not, "Now I know why I should support (or newsletter is considered advocacy for the candi- oppose) the measure." dates must be made based on a review of the entire newsletter. At a minimum, the newsletter should ® The distinction between strictly factual informa- not address the fact that some of these board tion about ballot measures and material that is members are also candidates at an election and considered to be promoting or opposing a measure -should not include any information that could be must be made by reviewing the entire material, in perceived as advocacy for a candidate. the context of the presentation. b) The balance of factual information and whether ® According to the Attorney General in a letter any negative (or positive) facts are mentioned at all. dated October S, 1993, "public bodies may use This does not necessarily mean an eQual number of public funds to inform voters of facts pertinent to a facts on either "side" must be mentioned. measure, if the information is not used to lead voters to support or oppose a particular position in Example: If a measure proposes to affect taxes or the election." It goes on to state, "However, we also fees, the specific cost of the measure to an average have pointed out that 'informational' material may individual taxpayer or consumer should be in- be found to 'promote or oppose' a measure even if cluded. if appropriate, we suggest that the amount it does not do so in so many words if the informa- ofyearly taxes based on the average price of a tion presented to the public clearly favors or home in that community be included. Also, if the opposes the measure and, taken as a whole, clearly information is specific as to what the funds would is intended to generate votes for or against a be used for, it is then appropriately left up to the measure." voters to decide if they want to implement the described effects and authorize the additional tax increases to pay for them. This type of explana- tion of costs involved and how funds would be used is considered factual information. -4- Documents about ballot measures published by are inappropriate are listed in an attachment to this public governing bodies should not be one-sided, memorandum. but should fairly and impartially set out known advantages and disadvantages of a proposal. h) Quotes about the measure should not be included. Likewise, lists of members of a political c) The overall impression a reader gets after committee or others supporting or opposing the reading the material should be an impression that measure should not be included. This holds true neutral facts have been presented. The impression even if a quote is from a government body's elected should be that the material is being presented to officials. The use of such Quotes and lists indicate inform the voter rather than persuade them. an endorsement similar to campaign advocacy Information that is only speculative should not be material and is, therefore, inappropriate. Again, it included as it tends to be persuasive. is imperative that publications produced and distributed by public employees be impartial, d) The tone of the publication should be de- informational documents. scribed as dispassionate rather than enthusiastic for one side of the measure. The article should not i) The use of graphics, checkmarks and photo- include only statements regarding the possible graphs. Check-marks are often used as an indicator favorable (or unfavorable) effects that passage of of what someone should do, and have a very the measure would have. The public may perceive positive implication. Checkmarks are also used in information as persuasive or threatening if it informal ballots and surveys that people complete presents dire conseQuences that are bound to elicit by checking to indicate their choices. Therefore, we strong public response. For example, information advise against the use of checkmarks in material that a "levy would allow a program to continue" is a about ba!!ot measures produced by a government more neutral statement than saying "failure of the entity because the use of checkmarks.significantly measure will destroy the program." contributes to an effect of advocacy. For the same reasons, we advise against the use of positive e) Documents should not, in most contexts, use graphics (such as a hand placing a ballot in a ballot the word "will" in describing the results of passage box) in material about ballot measures produced by of the measure. The word "would" is a better a government entity. alternative as it suggests that voters have a choice. The use of the word "will" suggests a desired Along the same lines, photographs used in docu- outcome of passage of the measure. ment should not be overly emotional. In an infor- mational document it is important that photographs f) Documents should not. in most contexts. use do not add to a tone of advocacy. Plain text the word "need" in describing the purpose of the without pictures lessens the likelihood that readers measure. Often times the word "need(s)" is more feel they are being persuaded to empathize with emotionally charged and can be interpreted to be a the depicted situation and thus to support or favorable statement about the measure. It has an oppose the measure. element of urgency that is not appropriate in a factual, neutral piece. j) The use of phrases similar to campaign slogans. Informational documents should not contain g) Headings or lead lines should not lend a positive phrases that do not serve to present any factual (or negative) tone to the material, in favor or opposi- information, but rather are a sort of motto, logo or tion to the ballot measure. This also applies to the catch phrase; in a way a "rallying cry." Some usage of positive or negative connotations given by examples might be, "Help plan for the future," words or phrases. An informational publication "Preserve Our Heritage, Guide Our Future," or should not be emotional, enthusiastic or persua- "Our schools are an intelligent investment." These sive. NOTE: Some examples of inappropriate words phrases are not impartial and informational, but are and phrases in publications about ballot measures advocacy. produced by governing bodies and the reasons they -5- s The use of such a motto or logo outside the m) Final. the contents of the document must not ' context of an election would not result in an explicitly- xplicitly urge a; es or no vote for the measure in election law violation. However, used in the context that there should be no "voteyes" or "vote no" type of an election, they are, in effect, a campaign language. For example, the document should not slogan promoting passage of the measure. Such include phrases such as: "campaign slogans" are appropriately used by private political committees, but not by government ♦ "vote Yes on Measure 99," agencies in publications about ballot measures. + "Support for Measure 99 is encouraged," A "Measure 99 asks ABC County voters to authorize a k) Information about how to contact the support- temporary fee increase," ing or opposing political committee (PAC), such as e 'The County is asking voters to approve funding that listing the PAC's phone number, may imply a will maintain.." and connection between the governing body and the ♦ 'Why Should I Vote for Measure 99?" petitioners or supporters of the measure. However, if all PAC's are listed, both supporting and oppos- The rest of the text of a publication does not ing, it may lend to the balance of the document. cancel out such a statement. That is, a document could be otherwise totally factual, balanced and 1) Information about the "SO% voter turnout neutral,yet include a sentence such as the ones reouirement." In 1997, Ballot Measure SO was above. This would result in our determination of a passed, amending the state constitution. The violation of state law. Constitution now requires that the passage of a measure to approve new or additional ad valorem What is the role of the Elections Division in property tax levies and to approve taxing district reviewing documents? annexations be obtained at an election where the number of electors casting a ballot is not less than We may need to review individual documents to SO% "of the registered voters eligible to vote on the determine if they must be considered advocacy Question." This is the case for every election except material. In our review of such materials, we do not for the general election during an even numbered know whether all of the information presented in year. such a publication is accurate, but it is presumed accurate for purposes of the review. However, there It has become common for governing bodies to would be a possible violation of ORS 260.432, if include some information about this requirement in an elector filed a complaint with us that a public their publications about ballot measures. It is not body presented inaccurate information which caused considered advocacy to include strictly neutral, material to be considered advocacy. factual information about this requirement. Encour- aging people to vote is an accepted practice of We offer to review draft documents prior to publi- election officials and other public officials; how- cation and issue an advisory letter with suggested ever, that is different than encouraging passage of a changes with the goal of assuring the publication is measure. The concern here is that this information impartial. However, we must offer a general caution 4 should not be worded in such a way that it persuades that if a written complaint is filed with this office En voters that they must vote for the measure "now." alleging violations of election law about a publica- tion by a governing body, we must take all factors For example, we suggest that publications not into consideration when examining the publication include the 12hrase "double majority.- This and surrounding circumstances. The complaint may phrase currently has a strong political connotation, bring forth surrounding facts, circumstances and W thus, it may lend itself to the implication that the information that are not within the purview of this a district is suggesting that a voter must pass the measure now. -6- piplam mom office to know prior to a complaint. Therefore, we Unions can distribute such materials to their must caution that compliance with the suggestions members pursuant to their contract.) does not preclude further review of the publication by this office in the event such a complaint is filed. It is not a violation for a public employee, as part of their regular job duties, to process incoming Use of Signs or Banners mail which may include political material addressed to employees. However, it is in violation of elec- Signs and banners allow for only a few words to be tion law for a public employee to distribute politi- read Quickly at a distance, and often include cal advocacy materials to other employees or graphics, so there is a need for discretion. There is constituents (such as students) while on the job not much opportunity to balance the document during working hours. because of the few words used, and the few words have a lot of impact and focus. For signs and If a public agency is given any eiecton-related banners, we advise special caution about using material to distribute to employees or constituents checkmarks or graphics, or "campaign slogans" as by any outside entity, the agency must vigilantly discussed above. screen the information prior to distribution to assure it is not political advocacy VUebsites and E-mail Public Notice required by QRS 260.432(39 Website and e-mail usage are becoming another common method of communication for governing Each public employer must have posted - in all bodies. Therefore, a public agency must have appropriate places where public employees work proper safeguards and oversight necessary to - a notice about the prohibitions of ORS maintain the integrity of an official web site to 260.432. A copy of this notice is enclosed. You assure the contents do not reflect political advo- may make copies of this notice to distribute and cacy. Each agency must make it a priority to insure post ifyou have not already done so. It is the same that all personnel are apprised of the restrictions on language as the notice distributed in 1998. political campaigning by public employees. ORS 260.432(3) states: Public agencies should advise their employees of "Each public employer shall have posted in a con- the proper and improper use of websites and e-mail spicuous place likely to be seen by its employees the in regards to political activity. following notice in printed or typewritten form: An e-mail that is supporting or opposing a peti- ATTENTION ALL PUBLIC EMPLOYEES: tion, candidate or measure that is sent to a group The restrictions imposed by the law of the State of of other employees of an agency or others would be Oregon on your political activities are that "No a violation of election law by the public employee public employee shall solicit any money, influence, who wrote and sent it. Any public employee who service or other thing of value or otherwise promote uses work time to produce a website that is politi- or oppose any political committee or promote or cal advocacy would be in violation of election law. oppose the nomination or election of a candidate, the Whomever is ultimately responsible for the website gathering of signatures on an initiative, referendum would also be responsible for its content. or recall petition, the adoption of a measure or the recall of a public office holder while on the job Distribution of Political Material during working hours. However, this section does within a Government Agency not restrict the right of a public employee to express personal political views." We routinely discourage the distribution of cam- It is therefore the policy of the state and of your paign advocacy materials to public employees public employer that you may engage in political through a government mail or distribution system, activity except to the extent prohibited by state law regardless of the source of the materials. (NOTE: when on the job during working hours." -7- ENRON Conclusion about Restrictions on Public Employee Political Activity We caution all government entities, elected officials and public employers to be vigilant in ensuring that no public employee work time is used in any activity that could be construed as support of or opposition to a candidate, initiative, referendum or recall petition, or ballot measure, apart from the expression of personal political views. While it is understood that a government entity may have much at stake in matters relating to an election, it has a responsibility to ensure that its activities and those of its employees comply with election laws. One additional statute, that all public bodies should be aware of, is OILS 294.100. It is "unlawful for any public official to expend any money in excess of the amounts, or for any other or different purpose than provided by law." However, since this is not an election law, these complaints are to be filed with/by the District Attorney or by taxpayer suit. See Burt v. Blumenauer, 299 Or 55 (1985); Lastly, we want to extend an offer to governing bodies to review any draft material about ballot measures prior to its publication. We hope the advice we offer will be helpful and prevent concerns or complaints by the public. If you have any Questions, please contact this office. lfyou have :Questions about these or other election laws, please contact the Secretary of State, Elec- tions;'Dwision,oryour iocal,.elections office. Election officials are dedicated to helping public officials, candidates and political committees comply.with Oregon law. Contact these offices to assistvou with any Questions: Secretary, of State/Elections Division :141 State Capitol; Salem; K 9hIp 'tel:S03-a,986-5181 fax. 503-373-7414.. -8- WINE MI 11 NOMOMM1111 111 Milo== AMCHMENTS Examples Statutes Public Employer Notice Requirement Attorney General Letter (1015193): Statutory Restrictions i 3 a -9- - EXAMPLES Following are some examples of inappropriate words and phrases, along with the reasons they are inappropri- ate, in publications about ballot measures produced by governing bodies. This list is not all-inclusive but will help provide additional guidance in assuring impartiality. (Emphasis added in each example.) • "With this measureyou will pay the same low amount," "You will still get the same reat service," and "Passage of this measure is critical as the needs of our district are k%e_nt." Adjectives that Qualify such as "low" and "great" included in these sentences are not necessary to relay the factual information, rather they serve to add a persuasive tone. Informational documents produced by governing bodies should be as dispas- sionate as possible, even if the adjectives used are accurate. Other adjectives that may be inappropriate are "serious," "critical need" and "important." In an informational document the reader should be left on their own to come to the conclusion that the issues are important, rather than the information including impas- sioned descriptions. • "Maintenance of library funding is reouested," or "Measure 99-72 is a reouest for voter approval of a revenue bond to pay for construction of the first phase." The word "requested" and the phrase "request for voter approval" are suggestive of appeals in favor of the measure. Suggested alternatives are, "The purpose of the levy is to maintain library funding" and "Passage of Measure 99-72 would authorize a revenue bond to pay for construction of the first phase." • "This measure will renew the support for public libraries." Use of the phrase "support for" lends a positive tone in favor of the measure. A suggested alternative is. "The levy is being proposed to maintain library funding for three moreyears..." • "The county is asking voters (or The county seeks authorization) to approve funding that will maintain the current level cf services." This wording is persuasive as it implies that the county is asking voters to approve the measure. A suggested alternative is, "Measure 99-84 is proposed to maintain the current level of services." • "We can't afford to wait," and "Why is the school bond so important?" These sentences are overly emo- tional, a matter of opinion, and therefore persuasive. The voters, upon a presentation of impartial factual information, should make this judgment themselves. • "The District Board believes this solution would receive public support." This may be a true statement, however it lends itself to a persuasive tone, because of the implication that the District is suggesting this solution is worthy of public support. The inclusion of the term "public support" in and of itself lends a positive tone. • "The best way to relieve overcrowding is to build a new high school." This sentence inappropriately uses the word "best" to qualify and describe the proposal. A suggested alternative is, "This measure proposes to address overcrowding in our schools by building a new high school." • "City of Anytown Public Schools are FULL." The words of this sentence are not necessarily advocacy, however this sentence illustrates how the formatting and emphasis of words can contribute the tone of a document being persuasive. I I STATUTES ORS 260.432 ORS 260.432(1) states: "No person shall attempt to, or actually, coerce, command or reQuire a public employee to influence or give money, service or other thing of value to promote or oppose any political committee or to promote or oppose the nomination or election of a candidate, the gathering of signatures on an initiative, referendum or recall petition, the adoption of a measure or the recall of a public office holder." ORS 260.432(2) states: "No public employee shall solicit any money, influence, service or other thing of value or otherwise promote or oppose any political committee or promote or oppose the nomination or election of a candidate, the gathering of signatures on an initiative, referendum or recall petition, the adoption of a measure or the recall of a public office holder while on the job during working hours. However, this section does not restrict the right of a public employee to express personal political views." ORS 260.432(3) states: "Each public employer shall have posted in a conspicuous place likely to be seen by its employees the follow- ing notice in printed or typewritten form:" (see attached notice) ORS 260.432(4) states: "As used in this section: (a) 'Public employee' does not include an elected official. (b) 'Public employer' includes any board, commission, committee, department, division or institution in the executive, administrative, legislative or judicial branch of state government, and any county, city, district or other municipal corporation or public corporation organized for a public purpose, including a cooperative body formed between municipal or public corporations." I i i 3 a a THEODORE R. KULONGOSKI 100 1ut+tice Building ATTORNEY GENERAL 1162 Court Street NE Sdem, Oregon 97310 FAX: (503) 378-3784 ,OMAS A. BALMER TDD: (503) 378-5938 .pV1'Y ATTORNEY GENERAL 0 Telephone: (503) 378-4620 DEPARTMENT OF JUSTICE GENERAL COUNSEL DIVISION October 5, 1993 Colleen Sealock, Director Elections Division Office of the Secretary of State Room 141 State Capitol Salem, OR 97310 RE: Statutory Restrictions on Promoting or Opposing Ballot Measures Dear Ms. Sealock: Oregon voters will face a number of contentious ballot measures at upcoming elections, and some of these measures will effect, directly or indirectly, the operation of state and local government. You have asked what restrictions may apply to public officials promoting or opposing ballot measures. 1. Statutory Restrictions on Public Employee Political Activities ORS 260.43211 prohibits political activities by public employees while "on the job during working hours." In addition, ORS 294.100(1) makes it unlawful for "any public official" to spend public funds for any purpose not authorized by law, and subsection (2) of that statute makes public officials personally liable for money improperly spent. This statute has been found by Oregon courts to apply to public officials who used public funds either to support or oppose measures which were before the voters. ORS 260.43221 provides, in relevant part: (1) No person shall attempt to, or actually, coerce. command or require a public employee to influence or give money, service or other thing of value to-promote or oppose any political committee or to promote or oppose the nomination or election of a candidate, the adoption of a measure or the recall of a public office holder. (2) No public employee shall solicit any money influence service or other thing of value or otherwise promote any political committee or promote or op se the Colleen Sealock Page 2 October 5, 1993 nomination or election of a candidate, the adoption of a measure or the recall of a public office holder while on the job during working hours. However, this section does not restrict the right of a public employee to express personal political views. (4) As used in this section: (a) "Public employee" does not include an elected official. (b) "Public employer" includes any board, commission. committee department, division or institution in the executive administrative, legislative or judicial branch of state government, and any county, city, district or other municipal corporation or public corporation organized for a public purpose, including a cooperative body formed between municipal or public corporations. (Emphasis added.) Thus, OILS 260.432 prohibits "public employees" from promoting or opposing the adoption of a measure while on the job during working hours. It also prohibits "any person" from requiring or attempting to require a public employee to give money, service or anything of value to promote or oppose the adoption of a measure. 2. Who is a "Public Employee" Subject to these Restrictions? We believe that "public employee," as used in ORS 260.432, includes not only rank and file employees but also supervisors, appointed agency administrators and appointed board and commission members at both the state and local government level si ORS 260.432(4) provides that "public employee" does not include elected officials. The implication of'this definition is that "public employee," for purposes of ORS 260.432, does include all state and local government public employees and officials other than elected officials. For example, appointed members of state boards and commissions are included within this definition, but elected local school board members are not included. This result is consistent with the Attorney General's conclusion in a 1968 opinion that a member of the Industrial Accident Advisory Committee, a public appointee, is a public employee for purposes of ORS 260.432. 33 Op Atty Gen 473 (1968). Thus, only elected officials lawfully may engage in advocacy for or against a ballot measure while on the job during working hours. • However, even elected officials may not "coerce, command or require a public employee to influence or give money, service or other thing of value to promote or oppose * * * the adoption of a measure." ORS 260.432(1). ,s Colleen Sealock Page 3 October 5, 1993 3. Penalties The penalty for failure to comply with ORS 260.432 potentially is quite severe. ORS 260.995 authorizes the Secretary of State to impose a civil penalty of up to $250 for each violation of ORS 260.432. However, the more significant potential4 penalty is found in ORS 294. 100(l), which provides: (1) It is unlawful for any public official to expend any money in excess of the amounts, or for any other or different purpose than provided by law. ORS 294.100(2) makes public officials who violate subsection (1) civilly liable for money improperly spent, and authorizes suit by the district attorney or taxpayers to seek recovery of that money from the officials who authorized the expenditure. Oregon courts on several occasions have found this statute to apply to public officials who used public funds either to support or oppose measures which were before the voters. In Porter v. Tiffany, 11 Or App 542 (1972), the Court of Appeals held that members of the board of directors of the Eugene Water and Electric Board (EWEB) were personally liable under ORS 294.100 for EWEB funds spent in connection with two ballot measures. One of those measures authorized the sale of bonds to be used by EWEB to acquire a partial interest in a nuclear power plant. The EWEB funds were used for television, radio and newspaper advertising, voter surveys and other materials to support a favorable vote on the measure. The other measure would have delayed the construction of a nuclear power plant for four years. EWEB used its funds for advertising, polls and other materials in opposition to this measure. The court found that the board had no authority to authorize payments for these activities, and ordered the board members personally to reimburse EWES for the amount expended in promoting or opposing the measures. Burt v. Blumenauer, 299 Or 55 (1985), involved a taxpayer suit under ORS 294.100 against three county commissioners, the county executive, and two county health officers for unlawful expenditure of public funds. The money was used to pay the salaries for persons, including one of the health officials, who staffed a "fluoridation public information project," and to pay for i advertising, posters and polls to promote the benefits of fluoridation. This "information project" was undertaken at a time when an anti-fluoridation measure was on the City of Portland ballot. The court, citing ORS 260.432, found that if the officials established the "information project" with the purpose of opposing adoption of the anti-fluoridation measure, they would be subject to personal liability for public funds spent to oppose the measure. The case was remanded to the trial court to determine whether the expenditures were, in fact, made for the purpose of opposing the measure. 3 Note that in both of these cases some of the defendants were elected officials. a ORS 260.432(4) was amended to exclude elected officials from the definition of "public employee" after these cases were decided. Nevertheless, this change in the law would almost certainly not have changed the results of these cases. We believe that the exclusion of elected officials from the Colleen Sealock Page 4 October 5, 1993 definition of public employee permits elected officials to give speeches or interviews in which they urge support of or opposition to ballot measures, even when those activities take place "on the job during working hours." We do not believe, however, that elected officials may direct that public resources, including use of public employee's time, be used to support or oppose the measure. This would appear to result in violation of ORS 260.432(1) by the elected official and ORS 260.432(2) by the public employee. 4. Permitted Activities This is not to say that public officers and employees must remain entirely silent with regard to measures pending before the voters. The Attorney General has concluded that public bodies may use public funds to inform voters of facts pertinent to a measure, if the information is not used to lead voters to support or oppose a particular position in the election.s' See 35 Op Atty Gen 169 (1970), discussing use by a school district of district funds to inform voters of facts relevant to a school budget election. However, we also have pointed out that "informational" material may be found to "promote or oppose" a measure even if it does not do so in so many words, if the information presented to the public clearly favors or opposes the measure and, taken as a whole, clearly is intended to generate votes for or against the measure. Letter of Advice OP-3322 to Ray Robinett, Washington County District Attorney, July 24, 1975. Moreover, ORS 260.432(2) specifically states that it does not restrict the right of public employees to express their personal political views. Thus, public employees may campaign for or against measures or candidates in their individual, as opposed to official, capacity while off the job. The Department of Justice also has concluded that the last sentence of ORS 260.432(2) authorizes public employees to express their personal political views while on the job, through such activities as wearing campaign buttons, subject to limited regulation by the public employer to the extent necessary to avoid interference with the employee's duties and the employer's mission. Letter of Advice to C. Gregory McMurdo, Deputy Secretary of State, October 10, 1984 (OP-5750). We also believe that a public employer may establish policies restricting expression of personal political views by employees where such expression reasonably may be interpreted by others as officially endorsed by the public employer. For example, an agency might have policies prohibiting its receptionist from displacing a political poster in his or her work area in view of the general public, or prohibiting uniformed employees from wearing any badge, insignia or button, political or " otherwise, which is not an authorized part of the uniform. N Of course, an agency or other public body also must have legal authority for any expenditure q of public funds. That is, the expenditure must be for the purpose of carrying out a task or program given to the public body by the legislature or by its charter or other enabling act. When there is a question whether the expenditure may be for the purpose of affecting the vote on a measure, there is some indication that Oregon appellate courts will apply a strict standard in determining whether the agency has legal authority to make the expenditure. In Porter v. Tiffany, sup for example, EWM was authorized by the city charter to "improve, extend, enlarge, and acquire water and I IN a Colleen Sealock Page 5 October 5, 1993 electrical utilities systems The court held that this language did not authorize EWEB to support a ballot measure to raise money to extend electrical service, because the power to raise money for this purpose was given to the city council, rather than to EVIM. Likewise, the legislature and the Governor have the responsibility for assuring adequate funds for operation of state government agencies. Thus, even purely informational activities related to a ballot measure should be carefully examined to ensure that the public body has statutory or other legal authority to engage in those activities. 5. Conclusion In summary, public employees, including non-elected officials, may not support or oppose measures pending before the voters "while on the job during working hours." Public employees may campaign for or against measures or candidates while off the job, in their individual capacity. They may express their rpe sonal political views while on the job through such activities as wearing campaign buttons, subject to limited regulation by the employer to avoid disruption of the workplace or suggesting to members of the public that the employee's personal political views are endorsed by the public employer. In addition, public bodies generally may provide information to the public concerning their activities. However, when the information relates to a measure before the voters, special care should be taken to ensure that the information is fairly presented and is not used to lead voters to support a particular position in the election. In view of the potential financial penalties for violation of ORS 260.432 and 294.100, we urge agencies to consult with counsel before embarking on any informational program related to a ballot measure. Sincerely, Is; D00:1LD E. Ard-IOLJ' Donald C. Arnold Chief Counsel General Counsel Division DCA:bjs/JGG07C41 c: Theodore R. Kulongoski, Attorney General Federal law also limits the political activities of certain state and local government employees. See 5 USCA § 1501 et. sea. These statutes apply. generally to officers and employees of state and local government executive branch agencies, boards, commissions or departments which are financed in whole or in part by federal loans or grants, but excluding educational and research agencies. The restrictions in these statutes are similar to, although in some respects stricter than, the provisions of ORS 260.432. 9 Colleen Sealock Page 6 October 5, 1993 21 This statute was amended by Or Laws 1993, ch 493, § 106 to add "gathering of signatures on an initiative, referendum or recall petition" to the list of activities referenced in ORS 260.432(1), (2) and (3). This amendment is effective November 4, 1993. 31 The Oregon Court of Appeals has held that ORS 260.432 applies to both state and local government employees, and that it preempts any inconsistent local government ordinance. Williams v. City of Astoria, 43 Or App 745 (1979). .41 ORS 294.100 is found in a chapter relating to county and municipal finances, yet it is applicable to "public officials" generally. We believe it is likely that the statute would be found to apply to all public officials. Even if it does not, however, other statutes which lead to the same result clearly do apply to state officers. ORS 293.515, for example, authorizes the Governor to withhold the salary of state officers or employees who fail to settle accounts with respect to disposition of public funds or property when use of those funds or property is questioned by the Secretary of State during his audit of the agency. Similarly, ORS 293.260 authorizes the Secretary of State to require persons who have received moneys or property belonging to the state for which they have not properly accounted to return the money or property to the state. 51 Oregon election law recognizes that certain public bodies may provide informational material concerning measures which they have referred to the voters. ORS 260.522(3)(b) provides an exemption from certain requirements for identification of the source of a political publication for (b) Any written matter relating to a measure at any election prepared under the direction of the governing body of the city, county, or district that referred the measure if the written matter is impartial, neither. supports nor opposes passage of the measure and contains the name and address of the city, county or district. 4 H H H H 4 -a 3 a ✓ j 1 } L L7 L~ ~l~y 1 1 Paw 0 ILOI SIAIP W- -a laic rwo on 01 u the star ihall ee of ~ the la ,c apto: Of osed by o p of value ubl ns imp . that thing restr~~t~o • vit`es are or other 'tee ~r pro the olca1 a~t~ serv,c ~o~►~t the ur o . f lue~ce' olitical d;date' on vo money' ~nuse 80Y p • of a can ecall 11e t anv to Of op • or eleura or r Soviet • ~e ro~no atton . ~ ~ reiere~ uh►ic other~u, a the ~r~~t1at~ gall 01 a p ver9 Of oppo~ res on are or the re Vjov Mote s,gr~atu measure houts ee to ther n ton ®t a th~ ~ p r~~g 1fnor~t 1c a IP 0 a a ao oh du f a pubv ~ , r~ et~~~ till ct the 9 ce holder not rastrl of ~ does 1 v, ~e~~- 11c s se~to ®I~t~~a our pub thr erso al and of y t to rasa p . state • vIt a%ce' e,j th • . al acts Y he po1~"~y . ol~t~~ i0b durr~'g p It ~s they`ejore t ~►ay en age r~ ~be~ a the that YOU State Ian 9731a-~722 employer ~bt~d ~T galem, ~R t roh .4 32.) 141 State Gap~tol, e ,~~t~ ^ ~ pivision, ti he ( Elections ~ ~ Secretar~l.0 State, 7~~7! Election Law City Council/Public Employees Dos and Don'ts Presented by: Tim Ramis Ramis Crew Carrigan & Bachrach, LLP August 22, 2000 iieqlig Election Law - City Council/Public Employees Dos and Don'ts A. Dos • Do take a position on public issues, if you choose to, either as individuals or as a Council. City Council or any other elected official may advocate for or against a candidate or measure at any time. This would include active involvement in a political action committee. • Do avoid use of City resources. City Council members cannot ever use public employees to advocate for or against a candidate or a measure (ORS 260.432(1)). City Council members must avoid using City resources to advocate for or against a candidate or a measure because the use of City resources may result in personal liability for misuse of public funds (ORS 294.100). Burt v. Bhtmenauer. • Do form a PAC to finance campaigns and do follow all reporting requirements. A Political Action Committee or PAC is defined as a combination of two or more individuals, or a person other than an individual that has a) received a contribution or made an expenditure for the purposes of supporting or opposing a candidate, measure or political committee; or b) made independent expenditures in support of or in opposition to a candidate, measure or political party. ORS 260.005(16). All expenditures and contributions of a PAC, including in kind contributions must be reported. (ORS 260.058). Contributions includes payments and donations of goods and services other than volunteer work by individuals, yard signs and a fund raiser hosted by an individual. (ORS 260.005, 260.007). All persons expending funds must register as a PAC unless only expenditure is to a PAC. B. Don'ts: • Do not allow public employees to promote or oppose any candidate or measure while on the job during workinAurs (ORS 260.=132(2)). Public employees may express their own opinions when not on the job during working hours. "On the job during working hours" includes: at work on a regular schedule; at City meetings; at other meetings attended on behalf of the City; other situations in which the person's affiliation with the City is identified. "On the job during working hours" does not include: activities away from the work place, not during work hours, unrelated to City business; probably does not include conversations between employees during an official break and away from workstation. Public employees, especially management employees, must be aware that the line between "on the job" and "not on the job" may be somewhat blurry at times. For instance, if the public employee is on call 24 hours a day, or drives a City car, clarification may be necessary. In close cases the issue of where to draw the line should be discussed between the public employee and the City Manager and the City Attorney. As an example, when the Willamette River water issue was on the ballot, presentations by Bill Monahan or Ed Wegner would have been considered the "City's" voice whether they were on or off the job. "Public employee" does not include an elected official. (ORS 260.432(4)(a)). The definition of "public employee" does include everyone else performing work for the City, including staff, board and committee members and volunteers. • Do not criticize employees for taking positions on measures outside of working hours. Public employees are free to promote or oppose any candidate or measure outside of working hours. • Do not ask public employees to assist in campaigns on their own time. If employees act on their own initiative they are of course permitted to participate in campaigns. If an elected official requests such participation, that official could be accused of improperly pressuring a public employee to participate. • Do not criticize public employees for wearing political buttons expressing an opinion on a candidate or measure. Public employees can wear political buttons, however, the City may prevent uniform personnel from wearing non-uniform items. Public employees or board members are free to express their personal political views (ORS 260.522(3)(b) and ORS 251.345). TAT/acrr90024/e1cction1aw.tm1(8/22/00) AGENDA ITEM NO.2 - VISITOR'S AGENDA DATE : August 22, 2000 (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. NAME, ADDRESS & PHONE TOPIC STAFF CONTACTED Q 1° ~fy fs VISITOR'S AGENDA Page 1 Elam AGENDA ITEM # 3..Z FOR AGENDA OF August 22, 2000 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Consider Modification of Council Groundrules and Agenda Process PREPARED BY: Cathy Wheatley DEPT HEAD OK CITY MGR OK ISSUE BEFORE THE COUNCIL Consider the proposed resolution to revise City Council Groundrules and Agenda Process. STAFF RECOMMENDATION Staff recommends that the City Council adopt the attached resolution. INFORMATION SUMMARY On July 25, 2000, the City Council reviewed proposed modifications to the Council Groundrules and Agenda Process that were primarily of a housekeeping nature. The "redline" version highlighting those changes is attached. The City Council periodically reviews the City Council Groundrules and Agenda Process to make sure that they reflect the intent of City Council and how the City Council wishes to conduct City business. The last revisions to the groundrules occurred on June 8, 1999, when the City Council adopted Resolution No. 99-33. The attached resolution contains an "Exhibit A," which is the new version of the City Council Groundrules and Agenda Process. OTHER ALTERNATIVES CONSIDERED 1. Modify the proposed wording. VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY N/A FISCAL NOTES N/A I:WDM\CATHY\COUNCIL\SUM-CC GROUNDRULES.DOC Redline version... Deletions are eeessed-eet. Additions are in italics. EXHIBIT "A" Resolution No. 00- 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 call vote is taken, the council person who voted last during the previous meeting, shall vote first and the Council person who 1 NINE 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. • Charter Section 19 provides that 'the concurrence of a majority of the members of the Council present and voting, when a quorum of the Council is present, at a Council meeting shall be necessary to decide any question before the Council.' A Council member who abstains or passes shall be considered present for determining whether a quorum exists, but shall not be counted as voting. Therefore, abstentions and 'passes' shall not be counted in the total vote and only votes in favor of or against a measure shall be counted in determining whether a measure receives a majority. • 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. 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. 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. • Definitions - Meeting Types, Study Sessions and Executive Sessions: > 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 fiFSt business The regularly scheduled business meetings are 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. i i All Council meetings are open to the public with the exception of Executive Sessions. Executive Sessions can be called under certain i 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. 2 > WORKSHOPS MEETING: Workshop meetings are regular meetings where Council reviews and discusses agenda topics with no intent of deliberating toward a final decision during the meeting. Workshop meetings are not currently scheduled to be televised but are open to the public. Workshop agenda items are generally topics which Council is receiving preliminary information on and providing direction for further staff 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. 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 committees 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 Workshop-type setting 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 or 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 City 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 d l'h ati eeFtain matte-^ for deliberation on certain matters in a setting closed to the public. Executive Sessions may be held during a regular, special or emergency meeting after the Presiding Officer has identified the ORS authorization of BRS for holding the Executive Session. Among the permitted topics are employment of a public officer, 3 Pill II 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 fled. Policy Regarding Interrelationships Between the City Council and Its Appointed Commissions. Boards or Committees (hereinafter referred to as "Boards) • 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 City 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 inquiries 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. 4 Council Agendas 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. adjournment time. • 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, aad as well as 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 recommendations. Staff is aware of Council's right to make final decisions after considering the staff recommendation, public input, the record and Council deliberation on the matter. Communications Among Councilors • Councilors are encouraged to suggest agenda topics at the bench or to contact the 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 Manager will respond to the request consistent with resources and priorities, or refer 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 hcw 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. 5 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. • 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 the July or August Workshop Meeting. The Groundrules can be reviewed and 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:\ADM\CATHY\COUN CI L\COUNCILRULES. EXA. DOC 6 AGENDA ITEM # 3. 3 FOR AGENDA OF 08/22/00 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE IGA with Tualatin Valley Fire & Rescue - Infectious Disease Services PREPARED BY: Loreen Mills DEPT HEAD OK CITY MGR OK ISSUE BEFORE THE COUNCIL Whether to enter into an IGA with TVF&R to provide Infectious Disease Services to the City of Tigard. STAFF RECOMMENDATION Recommend approval of the IGA and authorize signature by the Risk Manager. INFORMATION SUMMARY About 50% of the City's employees have an increased risk for exposure to infectious diseases as part of their job. Police Department and Public Works employees may be exposed to bloodbome and airborne pathogens that can include diseases such as hepatitis, tuberculosis and HIV. In the past, the City has used the services of Oregon Health Sciences University School of Medicine (OHSU) to provide on-site services and emergency response to exposures. OHSU has recently advised the City that they are discontinuing this service. Tualatin Valley Fire & Rescue will begin offering these services to agencies in this area. TVF&R has trained medical staff that will provide on-site services to train our employees how to avoid exposure, provide vaccinations to prevent certain diseases, and provide an emergency hotline to deal with exposures that occur. TVF&R will also provide documentation of exposures, track treatments and keep vaccination records. Oregon law requires that the City provide occupational infectious disease training and services. The attached IGA was drafted by TVF&R and has been reviewed and approved by the City Attorney and myself. OTHER ALTERNATIVES CONSIDERED Look for another provider of occupational disease services. VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY Not addressed in the citywide vision FISCAL NOTES Police and Public Works budgets contain funds to cover these costs for 2000/2001. INTERGOVERNMENTAL AGREEMENT BETWEEN Tualatin Valley Fire & Rescue Preventive Health & Disease Program and City of Tigard This agreement is made and entered into this 22nd day of August, 2000, by and between TUALATIN VALLEY FIRE & RESCUE (hereafter "TVFR") and CITY OF TIGARD ("COT"). The services provided by TVFR will be provided by its PREVENTIVE HEALTH & DISEASE PROGRAM (hereafter "PHDP"). WHEREAS, the COT has a need to obtain occupational infectious disease services as required by OAR 437, Division 2, Subdivision Z, services relating to Toxic & Hazardous Substances; bloodborne pathogens (1910.1030); and WHEREAS, the COT has a need to obtain advice and expertise from the PHDP regarding the provision of bloodborne and airborne pathogen services; and WHEREAS, PHDP desires to provide the COT with bloodborne and airborne pathogen training exposure management and vaccination services under the terms and conditions hereinafter set forth; NOW, THEREFORE, it is agreed between the parties: 1. PHDP Obligations - Required Services A. Bloodborne and Airborne Pathogens Training and Services PHDP will provide the following services to COT: 1. Assist in the development and revision of the COT's exposure control plan; 2. Provide annual bloodborne and airborne pathogen training to COT Public Works personnel and Police Department personnel by a licensed nurse, with knowledge in bloodborne and airborne pathogens, subject to the approval of the COT's Risk Manager or designee, experienced and knowledgeable in pre- hospital emergency and non-emergency services, and meeting the standards set forth in OAR 437 and the rules promulgated thereunder; 3. Provide 24 hour on-call services for exposure incidents; 4. Provide post-exposure management and follow-up; and 5. Provide on-site accessible vaccination clinics to include hepatitis A vaccine, hepatitis B vaccine, hepatitis B titers and tuberculosis testing. B. Bloodborne and Airborne Pathogen Service Delivery PHDP shall provide COT with 4 on-site training and vaccination clinics as well as quarterly vaccination and testing clinics. In the fall, PHDP will provide 3 influenza clinics. PHDP shall use reasonable efforts to cover the needs of three shifts, evening and volunteer needs. Additional follow-up vaccination clinics may be determined and agreed upon by the parties at a later date, and billed accordingly. PHDP will provide COT with the records and documentation necessary for OSHA compliance. Each participant will have a vaccination record established with PHDP. Records will be maintained by PHDP. C. Billing will be separate for laboratory and pharmacy services. Lm/hAocs/contracts/IGA BBP-TVFR.doc Page 1 of 5 D. PHDP will comply with OAR 437, Division 2, Subdivision Z, services relating to Toxic & Hazardous Substances; bloodborne pathogens (1910.1030). II. Compensation A. Amounts and Terms Estimates are based on providing services to COT Police and Public Works employees. Rates are $25.00 per Police employee and $20.00 per Public Works employee for the 00-01 fiscal year. Payments will be made quarterly in advance upon receipt of an invoice from TVFR. Initial set up fee for data acquisition and legal counsel is priced at $75.00. Nursing hours are included in the base rate, except the rate of $35.00 per hour may be applied to complicated exposure management, disease acquisition, or extended counseling services, upon authorization from Risk Manager or designee. The following charges shall apply in addition to the base rate: Hepatitis A Vaccine $30.00 per dose (Series of 2) Hepatitis B Vaccine $30.00 per dose (Series of 3) Tetanus/diphtheria $12.00 per dose Hepatitis B testing $20.00 Post-exposure Hepatitis C testing $25.00 Post-exposure HIV antibody test $20.00 Tuberculosis test $6.00 Influenza vaccination $6.00 Bloodborne pathogens training/session $150.00 RN service per hour (If applicable) $35.00 Mileage at government rate $.325 per mile (if applicable) B. Pro-Rating of Compensation If either party terminates this agreement at a time when COT has paid for services not yet provided, PHDP shall reimburse COT for that portion of the compensation paid for which it has not provided services. If this agreement is terminated at a time when PHDP has provided services for which payment has not yet been made, COT will pay sum PHDP for those services received. Any payments or reimbursements will be calculated to the nearest day that services are provided. III. General Provisions A. Term of Agreement; Extension The term of this agreement shall commence August 23, 2000, and expire on June 30, 2001, unless earlier terminated or extended as provided herein. In the event either party desires to extend the term of this agreement; it shall provide written notice to the other party of its desire to renew the agreement at least 15 days prior to the expiration of the original term. B. Amendment This agreement may be amended by the mutual written agreement of the parties. C. Renewal This agreement may be renewed upon mutual written consent of the parties. Lm/h:/does/contracts/IGA BBP-TVFR.doc Page 2 of 5 D. Termination This agreement may be terminated at any time by mutual consent of both parties, or by either party upon 30 days prior notice in writing and delivered by certified mail or in person to the other party. E. Applicable Law This agreement shall be governed and construed in accordance with the laws of the State of Oregon, and the parties agree to submit to the jurisdiction of the courts of the State of Oregon. F. Waiver The failure of any party to enforce any provision of this agreement shall not constitute a waiver of it or any other provision. G. Indemnities To the extent permitted by Oregon law (ORS 30.260 through 30.300), each party agrees to defend, indemnify, and hold and save harmless the other, including its officers, agents, and employees from damages arising out of its tortuous acts, or those of its of its officers, agents, and employees acting within the scope of their employment and duties in the performance of this agreement. H. Entire agreement This instrument contains the entire agreement of the parties. No amendment or variation of the terms and conditions of this agreement shall be valid unless it is in writing and signed by both parties. 1. Notices All notices or other communications 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 the parties at the following addresses: For TVF&R: For City of Tigard: Fire Chief/Administrator Risk Manager Tualatin Valley Fire & Rescue City of Tigard 20665 SW Blanton St. 13125 SW Hall Blvd. Aloha, OR 97007 Tigard, OR 97223 Fax 503-649-2615 Fax 503-639-6795 J. Merger This agreement constitutes the entire agreement between the parties. There are no understandings, agreements, representations, oral or written, not specified herein regarding this agreement. No amendment, consent or waiver of terms of the agreement shall bind either party unless in writing and signed by both parties. Any such amendment, waiver, or consent shall be effective only in the specific instance and for the specific purpose. The parties, by their signature below, acknowledge having read and understood the agreement and agree to be bound by its terms and conditions. K. Assignment Except as otherwise provided herein, this agreement is personal to the parties and may not be assigned by either party without the prior written consent of the other. Lmft/docs/contracts/IGA BBP-TVFR.doc Page 3 of 5 L. Attorney Fees In the event either party breaches its obligations under this agreement; the non- breaching party shall be entitled to all costs and expenses incurred, including reasonable attorney fees, as a result of the breach. In addition, in the event suit or action is instituted to enforce any of the terms of the agreement, the prevailing party shall be entitled to recover from the other party such sum as the court or arbitrator may adjudge reasonable as attorney fees in arbitration, at trial, and on appeal of such suit or action, in addition to all other sums provided by law. M. Status of Parties Nothing contained herein shall be construed to imply a partnership, sublicense, joint venture, or principal and agent relationship between PHDP and COT, and neither party shall have any right, power or authority to create any obligation, express or implied, on behalf of the other unless expressly provided for in writing. N. Insurance PHDP shall maintain, or cause to be maintained, policy or policies of insurance providing at least the following limits and coverages: 1. Commercial General Liability Insurance PHDP shall obtain, at PHDP's expense, and keep in effect during the term of this agreement, Comprehensive General Liability Insurance covering Bodily Injury and Property Damage on an "occurrence" form (1986 ISO or equivalent). This coverage shall include Contractual Liability insurance for the indemnity provided under this agreement. The following insurance will be carried: Coverage Limit General Aggregate 1,000,000 Each Occurrence 500,000 Fire Damage (Any one fire) 50,000 Medical Expense (Any one person) 5,000 2. Commercial Automobile Insurance PHDP shall also obtain, at PHDP's expense, and keep in effect during the term of the agreement, Commercial Automobile Liability coverage including coverage for all owned, hired, and non-owned vehicles. The Combined Single Limit per occurrence shall not be less than $1,000,000. 3. Workers' Compensation Insurance The PHDP is a subject employer under the Oregon Workers' Compensation Law and shall comply with ORS 656.017, which requires them to provide workers' compensation coverage that satisfies Oregon law for all their subject workers. This shall include Employer's Liability Insurance with coverage limits of not less than $100,000 each accident. COT shall maintain, or cause to be maintained, policy or policies of insurance providing at least the following limits and coverages: 4. Commercial General Liability Insurance COT shall obtain, at COT's expense, and keep in effect during the term of this agreement, Comprehensive General Liability Insurance covering Bodily Injury and Property Damage on an "occurrence" form (1986 ISO or equivalent). This coverage shall include Contractual Liability insurance for the indemnity provided under this agreement. The following insurance will be carried: Lmft/dots/contracts/IGA BBP-TVFR.doc Page 4 of 5 Is- Coverace Limit General Aggregate 1,000,000 Each Occurrence 500,000 Fire Damage (Any one fire) 50,000 Medical Expense (Any one person) 5,000 5. Commercial Automobile Insurance COT shall also obtain, at COT's expense, and keep in effect during the term of the agreement, Commercial Automobile Liability coverage including coverage for all owned, hired, and non-owned vehicles. The Combined Single Limit per occurrence shall not be less than $1,000,000. 6. Workers' Compensation Insurance The COT is a subject employer under the Oregon Workers' Compensation Law and shall comply with ORS 656.017, which requires them to provide workers' compensation coverage that satisfies Oregon law for all their subject workers. This shall include Employer's Liability Insurance with coverage limits of not less than $100,000 each accident. IN WITNESS WHEREOF, the parties have executed this agreement on the dates noted below. City of Tigard Tualatin Valley Fire & Rescue Preventive Health & Disease Program By: _ By: Loreen R. Mills, Risk Manager Jeffrey D. Johnson, Fire Chief Date Date a Lm/h:/docs/contracts/1GA BBP-TVFR.doc Page 5 of 5 AGENDA ITEM # 3. FOR AGENDA OF 9~ - 2 2 - Q(~ CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Approval of Training Request PREPARED BY: Jim Wolf DEPT HEAD OK CITY MGR OK ISSUE BEFORE THE COUNCIL Should the Council approve expenditure of $1540.28 for attendance at the National Conference on Preventing Crime. STAFF RECOMMENDATION Recommend Approval. This training is integral to the job functions and responsibilities of the Crime Prevention/Public Information Officer. INFORMATION SUMMARY The information presented during workshops discussions by nationally recognized speakers provide the CPO/PIO an opportunity to learn what other communities are doing, what works and which are the most efficient, successful or promising crime prevention techniques. OTHER ALTERNATIVES CONSIDERED There is only one National Conference during the year. VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY FISCAL NOTES This training was identified in the budget for this fiscal year and funds are available. i ~ OCT- o 1~'~~ AuthR TC[t.E ° ~P° ~ JO d eted Item? ~ Yes No pggT# 27047 ci*V OF 10.1110- Bug a _ Dyes ~N ? NG DA T ACCT # WI CEP Training TRA 24.000 MandatoN ltted) From: SePt27,20 8 00 { TA subm 1, 2000 Nio1fi ched to a Ca h recOg"%zed To. October ME James reventing crime UST be atta T Icaliy, nationally , such Np► agendas lJl Teventjon YP Other commurnties LOCATION D•C National Conference of P OrkshOPlMeetrng crimeP learn what washrn9tOn efforts ~tunity to also city'. Title of Training mplete Conference ould foster mY lion. State: P m l0i educa OF T~tIP tc0 a and fesourcesdoas attend. It ►s a 9rrn S u~pOSS ore knowled9 i ons and ven related costs To aco lre shops dad e~ of c - Prevention and ~MA►TER1~La Marl check a 9a dare doing ►n +~(}~1GS © Vendor © Hold For Emp\oy costs ee `275.00 Mailing Address ~ Reimburse REGIST~`T10 N ® Oil Check IStatelZip ee City Hold For phone # NCPC 2000 rence EmPlOY APP3~~p~ Mail+ng Add ❑ Reimburse PO Costs BOx 631823 telZ TRA 400 PO lp Ciyi 21283-1823 Mait Check BalCrmo more, M~ ee one # 167.00 Vendor l SeNices Hold For Employ 202 486-8272 rate inel tax : 835.00 MA1S Ta Address ❑ DGWAG 1012 Dail costs Mai6n9 A d r ss \,Na Travel A9er'cY to LO ; .31V to ® Mail Check 7270 pates to CiS teiZ+P 3 bill City °fi 'gard $ Vendor att Washin ton ❑ "old For employee Ti ard, OR 9722 Grand Address phone # Mailing N1 968-1181 ile eet, N Reimburse 31 ¢ Per m 1000 H Str miles G Wash andin9 advance citylStatelZi D C 20001 ~1L~pGE Reimburse to deduct any outst in on, City .0 horize the Date, , one # 1234 Advanc'e advanned l aut 800-233- n # 3075815 Reimburse eXCess am° t Dept. Head zo_ Date confirma Ti ard any jjjEp,LS Advance City of Date R p1E reimburse the City Council C 9 CO 117.28 Lion, l agree to Date OS~~ $ Made. SuPef\(IS( )II ;k thistravel authOriza Yijf~ ring check, if re a ment Is no-it ~g b 00 er D 6y 2 Mana9 from m City I!j EmPioY Date ector a an ounces Human Y;Ss'' NATION FORM z:. 1 'O N 1 Print care fully. Four budge will be printed with the information below. To save tithe, attach your business card. .f, i ND IWI oI U1 ?I I I I I I I I I I I I-1I ► IMI I I I I I I I I I Ij I I I 110If- LAST NANII: r~ FIRST NAME (NJ) INJI'IAI. PREFIX/SUFFIX 1311 IMI IW101L1~1 I I I I IC1911 IrAlf-I IQI9- If-1'41_10JI`10101 101E F NAME TO EE PLAZ-. 01-J EADGE PROFESSIONAL TITLE J MATION le- w= 1'VI' ICIP,01101 Ipl0II-1 liclei 1°I~-Ilihlginmi ~I~ITI I I I I I I I I I I I ttst',epostmarked ,y a 5 S W ALL 161- V 0 nnAugust 10 for I I I I I I I I I I I I I I I I I I I I I I I I I LL! --L I I I I I ADDRESS rates. Regular rates I gttst10.After I'fI~1~IAIRI°I I I I I I I I0IRIEI~I°I'1I I I I I I 1 .1 1 21'.31 0; all r.•egistrntiahs CITY . -•S`, STATE ZiP/PCST:\L CODE lr'On stye. I0ISI~I I I I I I I I I I I I I 11 1510 131-1~131g1-Ibl~ I~IgI COUNTRY UA1TiAlli TELF:1'HONE 503-1~q`I- o~t1~ 1 1 1 1 1 161b16714, I I I I I I I ICI %I I}I` IglGNl,(lA I0I~I I~I51 yam:: ®Disability accommodation required. List your needs. .r". - ;r} Check All That Apply ❑ First-time attendee (See Section 3) ❑ Weed and Seed funded attendee ❑ Boys & Girls Clubs funded attendee This section must be completed for proper registration. Check the box that applies. 1%T;1_.O N 2 I low Did You Hear About This Conference? ❑ Cum/yet ❑ State newsletter 52~ Attended past conference (Specify }car) MGM ❑ Exhibit FORMATION Professional Arena of Population Size of z` Aflili:uion Activity Your Community ❑ BUSinCSS ❑ Public health ❑ National/Federal ❑ Under 10,000 ❑ CominUIlitygrOLlp Parks/Recreation 1 rks/Recreation ❑ State ❑ 10,001 to 25,000 ❑ Criminal justice El Senior group/Service agency ❑ County ❑ 25,001 to 50,000 ❑ Education ❑ Social services • , ❑ City/to\en ❑ 50,001 to 150,000 ❑ lilected official ❑ YoUth/)iwth service group ❑ Sovereign nation ❑ 150,001 and above .y. ❑ Faith cofnmunity ❑ Volunteer .~r•~::;- ❑ International ~w ' ❑ Nonprofit 1: Law enforcement tr" El Media ❑ Other (specify ) Military )'our assistance in con7pleting the information below will help os to market our program. We sincerely appreciate your time and effort spent in ans\,•Cring these questions. ':tit r•• - Lr~ ❑ Age 19 25 d Age •I I-56 ❑ •)si:ut/1'acilic ❑ Hispanic Male ❑ African American r. ; ❑ Female El Age 26-40 El r\gc . \ up (:aucasi:m ❑Muhti-racial El NaH\'C American Please Complete Other Side of This Form =i. REGISTRATION PACKET 2000 aL~`, zc, \O -N 3 T~TION IWill Attend ❑ Wednesday, September 27,3:00 p.m. ❑ Thursday, September 28, 3:00 p.m. ❑ Thursday, September 28,4:00 p.m. .;.110 N 4 In order to receive group rates, all individuals MUST REGISTER AND PAY AT THE SAME TIME. Registration fees include all workshops, general sessions, two receptions, two breakfasts, and two lunches. NTRATION h#IO RI EARLY BIRD REGULAR FEES~i J POSTMARKED I POSTMARKED' REGISTRATION FEES BY 8/10 BETWEEN 8/11 AND 8/25 SUBTOTAL Individual Registration $275 t $325 = 1 $ -a-157 + _ x Group Registration s $250 per person ,$300 per perscin $ (Three or more ) 1 x Y y ~Vr attendees) t Student ;IC Six: $75 4 ~$100 t tiv,~c + $ {student ID rnqurrei!) x.•r {!S I Na T t v Youtit`Day $15 youth $15 youthI, $ " Saturday, September 30 $25 chaperone $25 chaperone Y x_ (aftach'attendees names to regrstrahon „ attendees x` Please Indicate Your.Status. $225 $225 $ Coalit!onAttendee ($225 x_ McGruff Convention Attendee--.' attendees) New Americans Forum:, Attendee TOTAL $ a- 5 r Check all that apply. Meals must be reserved; this information assists in conference planning and meal preparation. I plan to attend: Thursday reception U Friday breakfast ❑ Friday reception ❑ Saturday continental breakfast Saturday lunch ❑ Saturday Party Z Sunday brunch (prior to closing session) Check for special meals: ❑ Vegetarian ❑ Other I O N 5 Full payment is required for processing. Forms received without payment (credit card, check, or government purchase order) will be returned unprocessed. If payment covers several registrations, please staple check to forms covered by STRUT I ON payment. Early registration deadline is August 10, 2000, postmarked or faxed with payment (we will not accept faxed registrations without payment). Final registration deadline is August 25, 2000. Only registrations with credit card pay- i MR~ lent or government purchase orders attached may be sent by fax. Purchase orders are not considered payment. A bal- v~ ance due will remain on your account until actual payment has been received. r.•~ a~ 5 00 f P~YMI N T Method of Payment TOTAL $ Check (payable to NCPC) ❑ Government PO# (PO must be attached) ❑ Visa ❑ MasterCard ❑ American Express ❑ Diners Club ❑ Discover rrtl)1r CARD NUMBI R ENR .f1 `.l'Mti 11i111.11F1iti \:\\11 tilG\:1l11ftl. hNr=: t PAYMENTS TO National Crime Prevention Council Federal Tax ID number is 133129302. ?wv.. s For NCPC Use Only 2000 amx ONE ER~NCl O;Box 631823 altim6re, MD 21263-1823 z' R E G I S T R A T I O N P A C K E T 2000 Pam III I I, mill 11 1, i I 'S = li Sepntember 28-October 1, 2 •0 a fn T'... '';1Nashington, DC a, N' A X•,rr ~ rR 4v "IN 4t Y ~y.y Sponsored by ; r F National Crime Prevention Council "Jlr partnership with the Bureau of Justice Assistance, .Office of Justice Programs, U.S. Department of Justice - - and the Crime Prevention Coalition- of. America F With special assistance from ~~J~a ' Boys &•.Girls Clubs of America and the Executive;.; Cl of Weed and Seed, Office of Justice Programs, 15.5• Department of Justice - - { 7tJF j '`pw t. L. r M ! 1. '1Jn 4FriR. ~rrn:i.rk. f I(Sfl 'F UPS FEATURED Workshop attendees will receive a customized a Community Partnership for Safe Children resource racket for each workshop, along Developing Life Skills for Prevention with additional resource materials from the E Gang Prevention and Intervention Through r'... presenters. Targeted Outreach E Gun Violence Prevention `t Building Safer Communities ® Hate Violence Prevention E Citizen Police Academies: Enlisting and N Putting a Stop to Hate Crimes Employing Graduates E Understanding Diversity x E Comprehensive Approaches to Gun Safety E Youth Violence Prevention Strategies t'.,. E Lessons Learned From Weed and Seed E Location, Location, Location: Mapping Crime New Americans and V . , Hot Spots Crime Prevention ® Uprooting Crime: Reducing Alcohol- and E Assisting New Americans in English Drug-related Crime and Violence in E Crime Prevention in Pan Asian Communities Neighborhoods c; e Crime Prevention in Native American r, Community Justice Communities Engages Prevention E Through New Eyes: Crime Prevention From ®Insurance Fraud Prevention Immigrants' Perspectives E Speaking Out for Youth and Justice Policing in Prevention Drug and a A Community Policing Response to Mental Alcohol Abuse Prevention Illness E A Model for Prevention: Collaborative E Access Denied: Comprehensive Efforts To Problem-Solving Prevent Underage Access to Alcohol ® Community Policing in Public Housing E Keeping Us On Track: Issues in Reducing DUI E Crime Prevention and Community Policing: E New and Emerging Trends in Drug Use Affect- a;_;,, - Where Is It? ing Our Communities ■ Policing in the Next Generation: Challenges ■ Raves and Risks: Update on Club Drugs n for Leaders ■ Reducing Illegal Tobacco Sales to Minors E Town and Gown: Addressing Quality-of-life Preserving Families Concerns in a College Setting a Bullying Today: What To Do About It? ' E Using Cutting EdgeTraining •lo Organize "f a Helping Children Exposed to Violence € Communities Around 1\4ethamphetamine ® How To Protect Kids From Drugs and Vio- lence: Advancing the Practice of Prevention vInvolving and Protecting Youth a: E Internet Safety for Children: Hot Issues E Arts as Prevention E Preventing Child Abuse Today E Boys & Girls Clubs in Indian Country a Promising Strategies To Prevent Domestic ® Boys `Girls Clubs in Public Housing Violence E Breaking the Ice: How To Work Effectively ®Reaching Them on Their Level: Teaching r: With Youth Crime Prevention to Young Children • R E G IS TR ATI 0 M PACK ET 2000 .r1: I E Recognizing and Responding to Elder Abuse 0 Safer Schools and Communities: Teens, Crime, ■ Strengthening Family Efforts'Ib Keep Chil- and the Community dren Safe and Healthy ® School/Law Enforcement Partnerships: SROs xr.; and Student Problem-solving rs" Pr'-ven-ring Personal Victirniz.-ion m Student Involvement: Youth as Part of the Solution ■ Fraud Prevention for the Elderly ■ Preventing Identity Fraud Zook for Crime Prevention ■ Rape Prevention for Adults and Youth ■ AUTOTRAP, Tactical Recovery s ■ The Anatomy of Significant and Prevalent ®Communities on Phone Patrol: Neighborhood Scams Directed Against Businesses Watch Strategy ■ Workplace Violence Prevention a Prevention for Hi-tech Crimes ® McGruff.. A Positive Crime Prevention Tool for School Safety and the Future u.' Violence Prevention .c- ■ Mediation Skills t..f . , F' ® Alternative Education Doesn't Have 'lb Be Sec- E Seniors as a Major Resource and Class ■ Target Hardening New Technologies ■ Creating Safe, Orderly, and Caring Schools ■ Working With the Music, Film, and Television s ® 1 Ionic, School, and the Community: Dealing Industries on Prevention • , With Early Warning Signs Vital Partnerships m Safe School Planning: Prevention, Interven- tion, and Crisis Response ■ Investment in Youth by Corporations }Q"` ® Ren~`~anc ~I Hotel f~7 F-:; _J El t 11t7l Grand Hyatt Hatef'® "tee a t : S+;i ,Yrl•II,buN p.~ , ' SW [ SS:L _ ' ''IRi us ev°'S ~ ra-'_ u7em - ti'•:" TM 11~~^^ .I„ s..~~~ ~eo:n,,.. O / w~n~', muu~'S. e W ti"::_ . ENPo. [„7 I~Yrw:'pOQNLJ y.y11~1r? ti Y" Y1. ✓ M° '"Y'' u+eu rvm+ +-Y'< V ~Q ~ 1 ~}vefR Olv{t1~' . : •.-.r~ ror33 x w.3 ^.y ^:,,,3 _~t :j;%~ 1ou ~ 3 ~ Syi~:2.: . _ 7r\ - -`,i-,`M:v l3br 11r e3m o+w mN Z: I l rn,w - _ I to r NW NF sl M A L L - o SW SE, e1>,'• sr..,+.: ~"~~rri rrln. ~3...~~iwS-' ~ ~o,~.. ~ -Yq°'1 DO, -4 *dl ~jO1~ I+r• , fS. ' 14l~hi ~y~ . ~~.n ,Ol3WM y:'; Slrnt [^al»Y ~ :"ae Irn3 ns ai L „ff~~{{ '~#.a.;. 3 _ L~ fw t[.I-, .t,1 COISDIUl [I3,f. O'Po lbwroCN9r~[ "RIIEI,GISTRATIO N PACKET 2000 Im 11100 AGENDA ITEM # FOR AGENDA OF August 22, 2000 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUIvIMARY ISSUE/AGENDA TITLE: Award of Contract for the Construction of FY 2000-01 Storm Drainage Major Maintenance Program Projects at Ann Court and Katherine Street CPQ,,- PREPARED BY: Varmi N u en DEPT HEAD OK: Gus Duenas CITY MGR OK: Bill Monahan ISSUE BEFORE THE COUNCIL Shall the Local Contract Review Board approve the contract award for storm drainage repairs at Ann Court and Katherine Street as part of the FY 2000-01 Storm Drainage Major Maintenance Program? STAFF RECOMMENDATION The staff recommends that the Local Contract Review Board, by motion, approve the contract award to C.R. Woods Trucking, Inc. in the atnount of $34,364.00. INFORMATION SUMMARY The existing storm drainage system that runs in a 10-foot utility easement located at 11945 SW Katherine Street is in urgent need of replacement. This drainage system is an inadequate series of butt- joint concrete pipes and shallow hand-made ditch. The pipe is clogged with roots and silt and the ditch is covered with tall grass. To complicate matters further, the previous owner of the property, which contains the easement, re-routed the storm line by tapping into the existing storm drain line and discharging water into a ditch across the property's back yard. The result is a portion of the storm drainage system no longer resides in the utility easement and creates an erosion problem for the property. The problem surfaced about two years ago, and the funding to resolve the problem was included in the Storm Drainage Major Maintenance Program in FY 2000-01. Staff has reviewed the options for resolving the drainage problem in this area. One option is to replace the storm drainage line within the easement and eliminate the illegal connection to the main. However, this option requires continuing maintenance within the easement, which could again become problematic in the future. Another option is to re-route the existing storm lines to the public rights-of-way on Katherine Street and dispose of the flow into an existing ditch within the rights-of-way on 121St Avenue. This option is preferable from a maintenance standpoint and would eliminate the need to maintain a drainage line between two houses. Staff has consulted with the City Attorney's office on the possibility of taking legal action against the previous property owner to terminate the illegal connection and possibly recover some of the repair costs. The City Attorney's office indicated that pursuing legal action at this point would be a difficult and costly endeavor with dubious benefits at best, and would not result in a solution that resolves the drainage problem. Terminating the illegal connection does not eliminate the need to either replace the inadequate existing line or re-route the storm drainage system along the existing streets. It is the consensus of City staff that the best way to resolve the drainage problem is to re-route the drainage system into the street rights-of-way and hence minimize future maintenance of the system. This option would eliminate the need to disturb and restore existing landscaping while performing storm drainage maintenance in a narrow easement. The existing storm line leading into the easement will be terminated and the new drainage system will be installed in Katherine Street and 12151 Avenue. The current property owner will no longer have to deal with storm water from the street gushing into the property and would be able to restore the property without fear of future erosion. The new drainage system within the street rights-of-way includes 4 manholes, 2 catch basins and approximately 385 feet of PVC pipe. The existing drainage problem on Ann Court likewise requires resolution. Groundwater draining year round from the embankment on the south side of SW Ann Court creates standing water on the asphalt pavement next to the existing curb. This high-iron content groundwater does not only damage the pavement but also creates a traffic hazard for motorists. The new drainage system includes 1 manhole, 1 catch basin and approximately 100 feet of PVC pipe. The new pipe connects to an existing 30-inch corrugated metal pipe (CMP) at the cul-de-sac. The storm drainage work for both problem areas requires the services of a licensed contractor. The City advertised for bids and conducted the bid opening on August 8, 2000. The bid results are: C.R. Woods Trucking, Inc. Sherwood, OR $34,364.00 Kasey Cooper Excavating, Inc. Boring, OR $44,124.50 Miller & Sons Contractors, Inc. Sherwood, OR $48,554.60 Engineer's Estimate $53,760 The bid document required all bidders to be pre-qualified with the State of Oregon, to submit a bid bond (for bids over $10,000), to acknowledge the project addenda, and to submit a First-Tier Subcontractor Disclosure form (for bids over $75,000) such that their bids could be considered as being responsive. Miller & Sons Contractors, Inc. did not submit a pre-qualification statement from the State of Oregon. Hence that bid was considered non-responsive. C.R. Woods Trucking, Inc. is determined to be the lowest responsive bidder for the project. OTHER ALTERNATIVES CONSIDERED N/A VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY N/A FISCAL NOTES This project is funded in the amount of $149,000 in the FY 2000-01 CIP Storm Drainage Major Maintenance Program. This amount is suf icient to award the contract of $34,364.00 to C.R. Woods Trucking, Inc. i:kltywidelsumtagenda summary for 2000-07sdmmp at ann & katherine project.doc PROJECT LOCATION KATHERINE STREET 1~ 1 KATHERINE ST - N f~f/_I f 1 ------1 i 1 1 1i Q ;__KATHERINE - -4 l I= ' ST W C , Ql ANN COURT ANN ST ; 922 \ N r - _ Q JK F- S~ PROJECT LANN COURT AGENDA ITEM # FOR AGENDA OF Awnist 22.2000 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Announcement of Ribbon Cutting Ceremony for the Walnut Streetaiedeman Avenue Intersection Realignment Project and the Embedded Crosswalk Lighting System PrQiect at 121st Avenue and Katherine Street. PREPARED BY: A.P. Duenas DEPT HEAD OK CITY MGR OK ISSUE BEFORE THE COUNCIL Announcement of the Ribbon Cutting Ceremony scheduled for 10:00 a.m. on August 29, 2000 to commemorate the completion of the Walnut Street/Tiedeman Avenue Intersection Realignment and Signalization Project, and the Embedded Crosswalk Lighting System Project at the existing crosswalk on 12151 Avenue and Katherine Street. No Council action required. STAFF RECOMMENDATION No recommendation. City Councilors are invited to attend and participate in the ceremony. INFORMATION SUMMARY The realignment and signalization of the intersection of Walnut Street and Tiedcman Avenue began in mid- 1999 and was scheduled to be completed in the summer of 2000. The contractor and utility companies installed the underground utilities during the fall and winter of 1999-2000. The roadwork began in the spring and is now substantially completed with the traffic signal system already in operation. The Embedded Crosswalk Lighting System is one of four pilot projects to enhance safety at existing crosswalks in the City. The existing crosswalk at the intersection of 1215` Avenue and Katherine Street was selected for the first installation of embedded crosswalk lights activated by pedestrians via push buttons on both sides of 121st Avenue. These lights are embedded in the roadway and flash when activated to warn motorists that pedestrians would be crossing. The project was recently completed. The other crosswalks planned for FY 2000-01 are at 121st Avenue and Springwood Drive, Walnut Street and Grant Street, and a new mid-block crossing on Main Street adjacent to the Main Street Bridge. The Ribbon Cutting Ceremony for both projects is scheduled for August 29, 2000. The ceremony will begin at the Walnut/Tiedeman intersection at 10:00 a.m. followed by the ceremony at the 121 "/Katherine intersection. Attached is a sample copy of the invitation that will be mailed out to various dignitaries and residents of both areas. OTHER ALTERNATIVES CONSIDERED N/A VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY The completed projects meet the Tigard Beyond Tomorrow Transportation and Traffic goals of Improve Traffic Safety and Improve Traffic Flow. FISCAL NOTES The Walnut/Tiedeman Realignment Project was primarily funded through Traffic Impact Fee funds, and the Embedded Crosswalk Lighting System project was funded through the State Gas Tax. (:\Ciq-Mde\.Sum\Announcement of Ribbon Cutting Ceremony for Walnut-Tiedeman MMIN to . ~ ~Frf K•, r» T+w may' ~Ssw.Y s '.Y +N~4'1' • tr .y . ~ a.ih+~~j •qx ~ r~ J ;i You're Invited to a Ribbon Cutting Ceremony Tuesday, August 29, 2000 New Traffic Signal @ Walnut/Tiedeman Intersection 10:00 AM Embedded Crosswalk Lighting System 01215t & Katherine St. Approximately 11:00 AM siJ : ^Lr.~ r a 4s. > te^ .a.:.•.. _ .safa u( nrunza iegfle~a , i " ~ 41 >d L4 NOMINEES" 1 11 11 gilzins Announcement of Ilion Cutting Ceremony *Walnut/Tiedeman Intersection Realignment and Signalization Project *Embedded Crosswalk Lighting System at 121st/Katherine Date, Time & Location ® Tuesday, August 29, 2000 - 10:00 a.m. @ Walnut/Tiedeman Intersection - 11:00 a.m. (approximately) G 121st/Katherine Street Intersection ® The City of Tigard invites everyone with an interest in these two projects to attend i Walnut/'iedeman Intersection Realignment and Signalization i---- WalnutlTiedeman Intersection Realignment and Signalization a MINIMIZE Walnut/Fiedeman Intersection Realignment and Signalization Walnut/Tiedeman Intersection Realignment and Signalization 'S1~2 ~ {Mw b 3 1:1~11i~iii~~1111~i~ 11pi 111 !1 Embedded Crosswalk Lighting 121st Avenue and Katherine Crosswalk Lighting System gv6ganMmrwf. PxsMW.M Wro OIIYYfoOx4olnYa ..raww o....mnf... QO Ma/o6 e+ w' Get safer crosswalks: at 1/10th the cost? Embedded Crosswalk Lighting 121st Avenue and Katherine - ^ }Pedestrian Push 9 Button Controls " Embedded Lights ~Y M 01 a _ a 4 Embedded Crosswalk Lighting 121st Avenue and Katherine Date, Time & Location ® Tuesday, August 29, 2000 - 10:00 a.m. Q Walnut/Tiedeman Intersection - 11:00 a.m. (approximately) @ 121st/Katherine Street Intersection ® The City of Tigard invites everyone with an interest in these two projects to attend 5 AGENDA ITEM # 5 FOR AGENDA OF 8/22/00 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Community!-wide Opinion Poll Results PREPARED BY: L. Newton & L. Millk DEPT HEAD OK AAA).'~:n`CITY MGR OK ISSUE BEFORE THE COUNCIL Receive results overview of Cityscape Visioning Opinion Polls. STAFF RECOMMENDATION Receive briefing. INFORMATION SUMMARY In an effort to update the City's vision process with the latest opinions of citizens, two opinion polls were conducted through the Cityscape Newsletter in May and June, 2000. Copies of both opinion polls are attached. Staff will present an overview of the results for Council information. In September, Council will receive a more detailed briefing from various staff members outlining the plans for follow-up to the opinion poll results. OTHER ALTERNATIVES CONSIDERED N/A VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY This meets the overall commitment the City made to citizens in 1997 to keep the City's vision, Tigard Beyond Tomorrow, on track with the changing times and desires of the community. Tigard Beyond Tomorrow developed a direction for our community and goals to be achieved by 2017. The opinion polls were conducted in an effort to keep the latest opinions of citizens a vital part of the process. FISCAL NOTES Money was budgeted in FY 1999-2000 and FY 2000-2001 to get assistance in processing the opinion poll results. This project has been done well under budget. is\citywidc\sum.dot hat®s your Opinion on Bus Service, Transportation and Growth? Thanks to those of you who completed the survey from the Nlay Cityscape. We hope you will take some time to fill out this survey to complete our project. The following questions examine bus service, transportation issues and growth related topics in our community. Remember, your voice is important, and we will publish the results. The purpose of the following questions is to determine the needs of Tigard citizens regarding transit service within the community, not just bus service from Tigard to outside destinations such as Portland. Your answers will assist us in determining what types of transit service should be used, where it needs to go, and when it should run. The streets that might be used by new transit service would probably include arterial and collector streets such as, Hall Boulevard, Durham Road, Bonita Road, Bull Mountain Road, and Walnut Street. Do you currently use the bus? ❑ Yes ❑ No i If you don't use regular bus service now, why not? If you currently use the bus, what for? ® work © non-work ❑ both How many trips per day would the members of your household take if bus service ran hourly between Tigard neighborhoods and nearby Tigard shopping centers? (i.e., if two family members would take the bus to and from a location five days a week, then it would count as twenty trips). Please fill out the nun7ber here: How often would you use the bus? Please check one of the following: r j 0-2 times per weeA- ❑ 3-4 tin7es per iveek Q Daily f.5 or n7ore• tunes p('r week) w At what times of day would you use transit the most? ❑ Alorning ® Mid-day ❑ Afternoon ® Et ening -S- i ~ The Tigard community needs better internal transit than currently exists. How strongly do you agree/disagree with this statement? Please check one of the following: ® Strongly Agree ® Agree ® Neutral ❑ Disagree ❑ Strongly Disagree Y What do you want transit service to connect you to (please rank 1-7 with 1 being most important): Washington Square Transit Center _ Tigard Transit Center T _ Health Services _ Library/City Hall _ Main Street Tigard _ Senior Center 'r Local Shopping: What locations? Would you need to use transit service that is wheelchair accessible? Yes ❑ No ` Most transit programs require a fare to provide service. How much would you be willing to pay each way? $1.00 $1.50 $50 $.75 0 00 $2.50 $2.75 $3.00 ® $1.75 What day(s) of the week would you most prefer to have transit available? Monday ❑ Tuesday ® Wednesday ® Thursday ® Friday ® Saturday ❑ Sunday 01M.- I EMIg EM There are discussions occurring now to use existing train tracks to create a commuter rail connection south to Wilsonville and north to Beaverton and the Westside Light Rail System. It appears that this system could be available in 2004 and would be available mornings and evenings during rush hour. Currently plans show pickup points in Tualatin at Haggens grocery store, Tigard Q Main, and Beaverton @ Cascade Plaza near Scholls Ferry Road. Would you use the proposed system? Yes No If you would not use commuter rail service, why not? -6- Tigard"s 'T'ransportation System Plan is being updated now. As part of this plan, the City is looking at pedestrian and bikeway system issues. How important are the following to you? (Please check) Somewhat - Somewhat Very Important Important Unimportant Very Unimportant Pedestrian paths Bikeways (along roads) 4 i What do you believe Tigard's priorities should be in planning and acquiring land to connect pathways and bikeways in comparison to vehicle traffic ways? Very High Somewhat High Somewhat Low Very Low Pedestrian paths Bikeways (along roads) If you chose pathways and bikeways as high priorities, in what location in the community do you believe these need to be provided? Y•. Pedestrian paths Bikeways (along roads) -IMM In 1997, the community believed that affordable housing was an important cl, element to make our community diverse and livable. H I- Should the City continue to encourage and support private sector programs to maintain diverse and affordable housing? ® Yes ❑ No E-i H How important is it to provide options for affordable housing units to be placed in existing neighborhoods? W ® Very Important ® Somewhat Important ® Somewhat Unimportant ® Very Unimportant Should urban services be provided to all citizens within Tigard's urban growth boundary with recipients of the services paying their share? ® Yes ® No ❑ Don't Know -7- 4.: e e 6 e e e e . e In order for the City of Tigard to be an effective partner in maintaining our community, there needs to be an opportunity to share information between the City and its citizens. The following questions address this issue. How do you currently get your information about City events, issues, codes, etc.? i y ® City Council ® City staff ❑ Cityscape Newsletter [3 City's website ❑ Tigard Times [i Oregonian a Regal Courier o Neighbors Other 4 Igo you believe you know how to be involved in the City's decision-making process when you want to be? C3 Yes ❑ No If you would you like to obtain information about City-related topics, what would be the most effective way to reach you? x 4 'shank you for the time you have taken to share your interests and concerns with the City. This will help ensure the services we provide meet your expectations and needs. Please fold in halt:, tape closed and send or deliver to the address shown. XURUMMUM 39 City of Tigard Affix .33 C/o 6®00 CS Survey postage here 13125 SW Hall Blvd. Tigard, OR 97223 { i 3 ' a a -8- We ant t nom hat you Think. It's time to update the City's Tigard Beyond Tomorrow Vision! At the beginning of the process in 1997, a commitment was made to check with citizens to make sure the vision continues to stay on track and reflect the direction we want our community to go. Over the next few months, we will ask a series of questions about the Tigard community and the services provided to citizens. These will appear in the Cityscape and on the City's Web Page (www.ci.tigard.or.us). When we last asked questions about our community's direction 1,295 people responded. Let's see if we can beat that number! Remember your voice is important, and we will publish the results of the survey. How often have you used the Tigard Public Library during the last twelve months? ❑ None during the last twelve months 1111fth lhib lidl fifidkowl ® At least once in thepast twelvemonths 'f d1. a®aal ® Three to six time in the past 12 months ❑ Monthly ❑ Weekly C~ During the past twelve months, which of the following services of the Tigard Public Library have you or a member of your family used at least once? Check all that apply. ❑ Did not use the library ❑ Attended a young adult program ormovie night at the Library ❑ Spent time reading/researching in the library ® ❑ Used the Homework Center Borrowed books ® ❑ Attended a meeting oradult program Borrowed videocassettes ❑ ® Used the internet Borroivc d CDs J a' ❑ Used a personal computer for ❑ Borrowed audio tapes something other than internet ❑ Borrowed large printmaterial or 'described" access s videos F ❑ Used the copy machine Jrf ❑ Attended a children's program at the library ® Picked up tax forms ❑ Other (please explain) 7 7 If you did not use the Library in the last 12 months, why not? -s- Which hours would be most convenient for you to use the Tigard Public Library? Check all that apply. ae Sunday ❑ morning ❑ afternoon ® evening Monday ® morning $'6g!D ® afternoon ❑ evening Tuesday ® morning> ❑ afternoon ❑ evening> Wednesday ® morning ❑ afternoon ® evening Thursday ❑ morning Q afternoon ❑ evening Friday ® morning ❑ afternoon ® evening Saturday ® niorning> ® afternoon ® evening Do you have any comments or suggestions to improve library services in Tigard? Very Important ortant - - ry How important are the following to Somewhat Somewhat Very Ii you . Important Unimportant Unimportant - - - - - ry - P - - -!i I Trails i. - I, Sports fields ` v - - - - - - - Playgrounds Picnic facilities j Natural greenways Non-athletic activities I ~ Athletic activities Community Use Center How do you rate Tigard area services Somewhat Somewhat in the following areas: Very Good Good I Poor Very Poor I, Trails Sports fields - - - Playgrounds _ - ; --f- - - - - Picnic facilities Natural greemvays ~ ~ ~ • Non-athletic activities X Athletic activities Community Use Center -6- What do you believe Tigard's priorities should be in planning and acquiring land or providing services to address the following areas? Very High Somewhat High Somewhat Very Low Priority Priority Low Priority Priority Trails 1 Sports fields Playgrounds Picnic facilities Natural greenways - - Non-athletic activities Athletic activities Community Use Center - - - Open Spaces Active Park Areas Y Y If you chose some items in question above as high priorities, in what location a in the community do you believe these need to be provided? Locate where in the Community? Trails Sports fields Playgrounds I l Picnic facilities Natural g-reenwaY-s - - - - Non-athletic activities i Athletic activities l Community Use Center I! Open Spaces - Active Park Areas -7- Is there a problem in your neighborhood that you would like your Tigard Police Department to address? If yes, what is the issue and what is the t°i°y' address or location of the problem? i 3 Would you like information about the Neighborhood Watch or other Police programs? If so, please call the Tigard Police Department at 639-6168 or send an e-mail request to the Chief of Police at 00859Qci.tigard.or.us. 3 f Thank you for the time you have taken to share your interests and concerns with the City. This will help ensure the services we provide meet your expectations and needs. Please fold in half, tape closed and send or deliver to the address shown. 39 39 39 3$39 39 39 39 39 39 39 39 39 39 39 39 39 39 39 39 39 39 X9MM9ac 9M9M39 39M39 39 Affix $.33 postage here City of Tigard c/o 5/00 CS Survey 13125 SW Hall Blvd. Tigard, OR 97223 -8- ji III! III rm'-,:j3a t.r:. r^. }std 7y s'iu 5_',yrn'~'..s,,rs }i+.T,tci'•;t+'.•:(.' L~ -'r'_ v4`r~.?%'-'.- +-.`}"g a.•i; „?i} t. S.. 7f, y~ i < t `.k7 -rr v,1',' '.c s:- .ha` 8 '.Y f"'~`tk "':Y•.?. K' ~a2 r _ ? 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"t a '"a+s 5 i' f issov concef u, oil gookillo 1 1i 4, 5, gy~yp . 1~, f I convenielat to elf ~ 17R J reiddence Pedestrolmon ikeway Stcs 63% said pedestrian pathways were very Imponaut 4456 felt bikeways were verv Important cI O ~6u'snoq algepao~e s~ IeUM • • us ends 110%,oft 110"MINUq alpupdope pUm D3'Au'Alp uoeiuieM Alm J6139S GIRAIM ➢JOlldns %Gg ~eql SMOADOAd -law ImmimalloN olqilpjonV moo= R a JIM IBMN da co =5 40 a two Go ANOM Oman own 1 5 TAMP Ilion bid won IRS- lam saw i Ss~aoJd 6u'gem-uoislMp s,Atl~ u' pa~onus gab of MAftE4 MOUMMFd lfay~ aleUAftimamumi ~u~apia 10 RIA01s5mW u 0 uogs~n paeepgn sani~a~a 113funumn < iugwanoN ° ae9U1o0 uogeluawa0uwl UOISM l ~#o1 pe~ofal, vivovj GINUIJU03 pol suleld U011311 I 3011019AIS dOIGABP SdAOJI posriqmuozlllo < 00/91/6 uo Ilounou ol surald esuodsoj olelpomml Bois < ILh;c,Ili II TY ;"I'!s F 0 0 1 > C"holl 111gard ultv Nall of L y; f' ❑ ~ l 4 ~ i T 4^ 4 4• I~IY116I~RI~Y11R7~~~i 1 Iwo AGENDA ITEM No. 6 Date: August 22, 2000 TESTIMON Y ® ET Please sign on the following page(s) if you wish to testify before City Council on: PUBLIC" HEARIN (031 (LEGISLATIVE) REQUEST TO APPROVE BED AND BREAKFAST USES AND OUTDOOR WEDDINGS IN HISTORIC OVERLAY ZONES Due to Time Constraints City Council May Impose A Time Limit on Testimony I ADM\GREER\CCSIGNUP\PH TESTIMONY LEG.DOC Will AGENDA ITEM No. 6 PLEASE PRINT Proponent - (Speaking In Favor) O anent - S eakin Against) Neutral Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. clr' She'r ~o~ ~oVI f'Yla K9 ~ie ~l 1 05 'Sc,v g'7 t'^ 1G tF/S 5w f3^d TqC o-1d GI~~a3 Ti~~r ,3gG5 G3 X13 - 0 90 z-- Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Dtl N M I c H E ~ L Galro 1 ~4?;YI j c c g 5 SW 9 Z a ~1~~ 5 sw M i11e'Vj Vz' Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. v) O-w p-72 L~~-~O q J Name, Address & P one No. Name, Address & Phone No. Name, Address & Phone No. Sc-J 7de;r i a sa ~ t 6 1F05' scv Y3 Name, ddress & Phone No. Name, Add ss & Phone No. Name, Address & Phone No. s~ Rj Name, ddr` Phone No. Name, Address & Phone No. Name, Address & Phone No. ,)owe Erg ~r 73 \I~' 72-2 X39- if 8~7 /n" //cubl- V/ Dk- ~~p -yo6-7 NMI w AGENDA ITEM No. 6 PLEASE PRINT Pro onent - S eakin in Favor O orient - S eakin Against) Neutral Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. n~a ex Pgv6 Ell, Name, Address & Phone No. Name, Addres & Phone No. Na e, 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. i Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. { i { { Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. a 7 a a IL --ii MINKIMUMMM AGENDA ITEM # Lo FOR AGENDA OF August 22.2000 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE: Zone Ordinance Amendment (ZOA2000-00001) to Allow Bed and Breakfast Use and Outdoor Wedding Uses in Historic Overlay Zones / PREPARED BY: Julia Hajduk DEPT HEAD OK /Y MGR OK ISSUE BEFORE THE COUNCIL Should the Council approve a requested Zone Ordinance Amendment to allow both Bed and Breakfast uses and Outdoor Wedding uses in Historic Overlay Zones? STAFF RECOMMENDATION The Planning Commission recommended denial of both the bed and breakfast use and outdoor wedding uses. As an alternative, Staff recommends approving bed and breakfast uses as a conditional use and to deny the amendment to allow outdoor weddings in Historic Overlay Zones. Direct staff to prepare an Ordinance according to its decision. INF RMATION SUMMARY The Planning Commission held a public hearing on the request on July 17, 2000. At that meeting, the Commission voted 6-2 with 1 abstention, to recommend denial of both uses in the requested amendment. Attached as "Exhibit A" is the Planning Commission Recommendation and draft meeting minutes that show the issues discussed and the reasons why the Commissioners voted as they did. In summary, some of the Commissioners felt there was no commonality between the historic overlay districts, therefore, approving these two uses alone would not insure preservation of all historic properties and would open up requests for additional uses if it was approved. Others felt that the proposed uses were not appropriate in residential zones. While others voted against the recommendation because they felt that some commercial uses being permitted in Historic Overlay Zones would help to preserve the resource. Several issues raised during and after the Planning Commission meeting are discussed in more detail further in this Agenda Item Summary. The Planning Commission also unanimously approved a recommendation to allow Bed and Breakfast uses as Home Occupations. At first it was felt that this could be a formal interpretation by the Community Development Director or City Council, however, upon further review of the Home Occupation standards, it could not be permitted because the hours of operation are specifically stated as being between 8AM and I OPM. The Planning Commission felt, however, that Bed and Breakfast uses were similar in impact to home occupations. Because of this, Staff is recommending that the City Council approve staff's original recommendation to the Planning Commission to allow Bed and Breakfast uses conditionally in Historic Overlay Zones and deny the Outdoor Wedding Use. Staff feels that Bed and Breakfast uses in residential zones could be best handled by a public hearing process to allow neighbors the opportunity to testify regarding impact. Attached as "Exhibit B" is the original staff report and documents which were sent to the Planning Commission. Included in this packet of information are staff's proposed text changes to allow Bed and Breakfast Uses in Historic Overlay Zones. Because the staff recommendation differs from the Planning Commission recommendation as discussed above, staff has not prepared an Ordinance for City Council approval. After Council holds the public hearing, they can provide staff with the direction needed to prepare an Ordinance or Resolution reflecting the Council's decision on the proposed zone ordinance amendment. The final motion passed by the Planning Commission in response to the zone ordinance amendment request was a recommendation that City Council explore opportunities to allow limited commercial use for historic properties for their preservation. Staff recommends that Council send this back to the Planning Commission for committee work. Staff believes trying to permit commercial uses, above and beyond those allowed by Home Occupations in residential zones could be fraught with ambiguity and potential adverse impacts. There was a question raised at the Planning Commission meeting as to whether the Quello property has a historic overlay designation or not. After this was researched, it was discovered that the map in the Town Hall had mistakenly identified this site as having a historic overlay. This was a mapping error. The Quello House is in the Comprehensive Plan as being of historic value but the previous owner chose not to have the overlay applied to the site when the other properties did. If the City Council approves the requested amendment, it will apply only to properties with a historic overlay designation. For this reason, Mr. Quello would need to apply for a zone change to have the historic overlay designation applied to his site. Because Mr. Quello's home has national historic designation, it seems likely that it would qualify for local designation, however, that decision must be made by a zone change public hearing process. There have also been issues raised regarding direction the applicant received from Staff. When Staff first began discussions with Mr. Quello, he was given several options and was told that it may be difficult to obtain approval for them because the standards are difficult to meet. We strongly recommended that Mr. Quello get a consultant on board to assist him in making his decisions, which he did. Mr. Quello chose to request a Zone Ordinance Amendment (legislative process) in order to allow these uses in all historic overlay zones. While the majority of discussion appears to be site specific, staff reviewed the request (as did the Planning Commission) as a legislative request based on the merit of all the historic sites being allowed to have the uses, not just the Quello property. Mr. Quello focused the majority of his presentation and comments on his specific site, however, because the proposal will change the Code, it is really a legislative change affecting all current and future sites with a historic overlay designation. Another option for Mr. Quello may have been to request a site specific zone change to commercial. That option would have been unlikely to be supported because it would be surrounded by residentially zoned property. If, however, the property were to be zoned commercial, site development review would be required in order to use the site for outdoor weddings and Bed and Breakfasts. The site would have been required to provide buffers from residential uses, off-street parking, street improvements, landscaping, noise attenuation, etc. There is no guarantee that, given the location, the site would have been permitted to be developed with the proposed uses even if the zone were to be changed to allow commercial activity on the site. OTHER ALTERNATIVES CONSIDERED Approve the requested Zone Ordinance Amendment or approve it with conditions. VISION TASK FORCE GOAD AND ACTION COMMITTEE STRATEGY N/A FISCAL NOTE N/A i:\curpln\julia\ZOA2000-00001AIS.doc 14-Aug-00/12:47 PM Exhibit A - Page I City of Tigard Community (Development SlapingA Better Community I~EtIIOO I OF TI ARD, OREGON TO: City Council FROM: Nick Wilson, Planning Commission Chair DATE: July 25, 2000 SUBJECT: Recommendation for ZOA2000-00001 to allow Weddings and Bed and Breakfast establishments in Historic Overlay zones. At the Planning Commission Public Hearing on July 17, 2000, the Planning Commission voted 6-2 with 1 abstention, to recommend denial of both the Bed and Breakfast Use and the Outdoor Wedding Use. The reasons for recommending denial were mixed. Some of the Commissioner's felt there was no commonality between the historic overlay districts, therefore, approving these two uses alone would not insure preservation of all historic properties and would open up requests for additional uses if it was approved. Others felt that the proposed uses were not appropriate in residential zones. Because the reasons for this were so mixed, a copy of the minutes are attached for your review. The Planning Commission also unanimously approved a motion to allow Bed and Breakfast uses as Home Occupations. The final motion passed by the Planning i Commission in response to the zone ordinance amendment request was a i recommendation that the City Council explore opportunities to allow limited commercial use for historic properties for their preservation. i i Nick Wilson, President City of Tigard Planning Commission iAcurpln\julia\PC Recommendation mem.doc Exhibit A - Page 2 L)RAFT CITY OF TIGARD PLANNING COMMISSION Regular Meeting Minutes July 17, 2000 1. CALL TO ORDER President Wilson called the meeting to order at 7:30 p.m. The meeting was held in the Tigard Civic Center, Town Hall, at 13125 SW Hall Blvd. 2. ROLL CALL Commissioners Present: President Wilson; Commissioners Anderson, Griffith, Incalcaterra, Mores, Olsen, Padgett, Scolar, and Topp Staff Present: Brian Rager, Development Review Engineer; Julia Hajduk, Associate Planner; Jerree Gaynor, Planning Commission Secretary 3. PLANNING COMMISSION COMMUNICATIONS None 4. APPROVE MEETING MINUTES Commissioner Padgett moved and Commissioner Olsen seconded the motion to approve the May 15, 2000, meeting minutes as submitted. A voice vote was taken and the motion passed by a vote of 8-0. Commissioner Incalcaterra abstained. v. RENAMING OF SW 129TH AVE., NORTH OF SW BULL MOUNTAIN RD., WITHIN THE WOODFORD ESTATES SUBDIVISION Development Review Engineer Brian Rager addressed the Commission regarding renaming of SW 129th Ave. The proposed street name change is necessary to provide a consistent street name for a minor collector within the Woodford Estates subdivision. At present, there is a segment of the street known as SW 129th Avenue. At the time it was platted, the name SW 129th Avenue was appropriate because it fell in line with the 129th addressing grid line. In addition, SW 132"d Avenue from Walnut Street south to Benchview Terrace will align with the minor collector. If a street is curvilinear and meanders outside of a particular addressing grid, the street is not given a number assignment. Because this street segment is curvilinear, the name SW Greenfield Drive is appropriate. Rager advised that 2 homes would have to physically change their address; the house number would stay same, but the street name would change. There was no public testimony. PLANNING COMMISSION MEETING MINUTES - July 17,2000 - Pagc 1 Exhibit A - Page 3 Commissioner Anderson moved to recommend to City Council that the street named SW 129th within Woodford Estates be changed to SW Greenfield Drive and that SW 132"d Avenue, from SW Benchview Terrace to the new entrance intersection at the Quail Hollow - West subdivision, be changed to SW Greenfield Drive. Commissioner Padgett seconded the motion. A voice vote was taken and the motion passed unanimously. 6. PUBLIC HEARING 6.1 ZONE ORDINANCE AMENDMENT (ZOA) 2000-00001 CODE AMENDMENT TO CONDITIONALLY ALLOW WEDDINGS AND BED & BREAKFAST ESTABLISHMENTS IN HISTORIC OVERLAY ZONES The applicant is requesting an amendment to the Community Development Code to conditionally allow Weddings and Bed & Breakfast establishments in all Historic Overlay zones. LOCATION: All zones with a Historic Overlay designation - citywide. ZONE: Historic Overlay Zones citywide. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.380, 18.390 and 18.740, Comprehensive Plan Policy 3.7.1, Metro 2040 Plan, and Statewide Planning Goals 1, 2 and 5. STAFF REPORT Associate Planner Julia Hajduk presented the staff report on behalf of the City. She advised that the applicant does not have historic overlay designation for his parcel. She also noted that, even with approval of the zone ordinance amendment, the applicant would have to come back to Planning Commission for a conditional use to have weddings on the site. There have been complaints filed with the City regarding wedding activities and excessive noise at the site. Hajduk reported that she checked out other cities and looked at other potential sites. She stated that weddings are not appropriate in the middle of residential zones. She also stated that bed & breakfast use with restrictions could be suitable. She asked Planning Commission to recommend that City Council approve bed & breakfast uses with conditions, but to deny outdoor weddings. Hajduk advised that it would be impossible to enforce parking and that code does not permit on-street parking; applicants would have to provide off-street parking and it is not OK to pave a historical site. She noted that none of the Historic Overlay sites in the City are suitable for outdoor weddings. APPLICANT'S PRESENTATION Bruce Vincent, 825 NE 20th Ave., Suite 300, Portland, 97232, stated that he was representing the Quellos. He provided copies of a letter dated June 7, 1999, from Dan Quello to the Code Compliance Officer (Exhibit A), outlining proposals to address the noise issue. He also provided a site plan of the property with proposed parking and photos of the John F. Tigard House and the Tigard Grange. PLANNING COMMISSION MEETING MINUTES- July 17, 2000 - Page 2 Exhibit A - Page 4 Vincent referred to Goal #5 of the Statewide Planning Goals: Open Spaces and Scenic and Historic Areas. He noted that one of the goals was to preserve historic resources, not allow for uses that conflict with it, or establish a balance between the resource and those uses which would conflict with it. He advised that this proposal would be a 3 step process: a text amendment to the code, establish a historic overlay for the parcel, and obtain conditional use approval for weddings. He believes that historic properties should have the option to develop their sites for other uses and referred to a sign for an ice cream social at the John Tigard House. He stated that having an opportunity for business uses gives the historic homeowner some additional source of income to keep the property and structure and is an incentive to keep them in good condition. Vincent noted that conditional use criteria must be met on a case by case basis; the Hearings Officer would probably grant approval if all the criteria were met. He said that all conditional uses come with a specific list of conditions of approval and generally focus on hours of operation, parking, landscaping, buffering, neighborhood issues. The conditional use criteria allows a large degree of discretion to decide if the applicant has met the burden of proof. He believes that the conditional use process is a balance between the proposed impact on residences and what the owner is proposing. Dan Quello, 16445 SW 92nd, Tigard, 97224, reported that he has support for his proposal from the business community, the Chamber of Commerce, the Historic Preservation community, and several Tigard citizens. Quello noted that there were only 2 concerns and they are easily remedied - parking and noise. Regarding parking, Quello said this has never been an issue. He advised that he has 50 spaces immediately across the street, 25 in his driveway, and 75 in his horse pasture. He also referred to a plan for more parking at the school. He remarked that the City allows street closures and field parking for people to attend the Balloon Festival. Regarding noise, he admitted that some weddings were louder than they liked, so they no longer will allow outside disc jockeys, will conclude events by 9:00 p.m., and will comply with the noise ordinance. Quello showed a video (Exhibit B) of his property and events held at Tigard High School and Cook Park. S. Carolyn Long, Executive Director of the Tigard Chamber of Commerce, 12345 SW Main St., Tigard, 97223, voice her support of Quello's proposal. She remarked that she would like to make Tigard a destination for people to come and is in favor of outside weddings and bed and breakfasts in Tigard. Nancy LaBonte, President of the Tigard Chamber of Commerce, 9115 SW Davies Rd., Beaverton, 97008, also supports having a diverse number of businesses in Tigard. She believes that bringing in people from other areas may benefit other businesses in Tigard. PLANNING COMMISSION MEETING MINUTES - July 17, 2000 - Page 3 Exhibit A - Page S Sidney Sherwood, President of the Historic Society, 10305 SW 87th, Tigard, 97223, read a letter from Colleen Schultheis, the owner of the Tigard House, in support of Quello's proposal. Phil Yount, Tigard Historic Grange, 11222 SW Cottonwood Lane, Tigard, 97223, advised that the Grange is not in a residential area and they have had only 1 complaint about noise in the last 8 years. He believes the Quello house is great addition to Tigard and remarked that there are no other outdoor wedding sites in Tigard. He endorsed the proposal. Dan Mitchell, 16585 SW 92nd Ave., Tigard, 97224, a neighbor of the Quellos, reported that the house was a disgrace 10 years ago. He said the Quellos have upgraded the property and he has never had any problems with weddings or parking. Sharon Rissmiller, 14845 SW 133`d Ave., Tigard, 97224, read a letter from Debbie Schoen in support of wedding garden facilities. Heather Whitehead, 9550 SW 91St, Tigard, OR 97223, voiced her support for the proposal, stating that Tigard needs a place like this. Amanda Lehmann, 13170 SW Dumar St., Portland, 97229, testified that she has helped with weddings at the Quello house. She believes it is a perfect setting for weddings and is in support of the proposal. In response to a question from the Commission, Mr. Quello advised that they do not have exhibits or displays posted around the house, but when guests inquire about the house, they share the history. Quello stated that the number of events have grown over the years, reporting that they held 12 weddings last summer. He also stated that he pays $2800 a year in property taxes for his 2.25 acres. Commissioner Padgett asked why this was not requested as a comp plan amendment. Hajduk answered that the applicant had not requested to change to commercial use. President Wilson stated he would like historical and estate homes have the ability to convert to other viable economic uses rather than be carved up into subdivisions. PUBLIC TESTIMONY - IN FAVOR Mike Woodley, 11590 SW Fonner, Tigard, 97223, signed up as a proponent, but did not speak. I Jan Whitehead, 7103 SW Childs Rd., Lake Oswego, 97035, testified that she had lived across from the High School for several years and that noise was not an PLANNING COMMISSION MEI t'ING MINUTES - July 17, 2000 - Page 4 Exhibit A - Page 6 issue. She stated that her daughter had wanted to marry at the Quello house but will have to go out of town for the wedding. Ken Newlin, 9680 SW Riverwood Lane, Tigard, 97224, advised that he has been a neighbor of the Quellos since 1983. He would like the opportunity to use the Quello house in the future and supports the proposal. PUBLIC TESTIMONY - IN OPPOSITION Don Manghelli, 16415 SW 93`d, Tigard, 97224, lives behind the Quellos. He reported that there were 14 weddings last year, usually something every weekend during the Summer. He complained about the noise and does not believe that this business is consistent with a residential neighborhood. He stated that noise from the High School and Cook Park is more like background noise and is farther away. The Quello house is much closer and the noise is more like a loud party. Tom Schweizer, 16425 SW 93`d Ave., Tigard, 97224, signed up as an opponent, but did not speak. Benton Holzwarth, 9240 SW Millen Dr., Tigard, 97224, stated he lives adjacent to the Quellos. He said he was not so much annoyed by the music, but by the need he feels to alter his own plans so as not to disrupt the ceremonies. This has interfered with his family being able to enjoy their own backyard. He does not have a problem with a bed and breakfast. Richard Smith, 16435 SW 93`d, Tigard, 97224, said he lives behind the Quello garage. He had complaints about parking and said that cars park illegally by the "No Parking" signs next to the only sidewalk. He does not believe that this business benefits surrounding businesses and objects to commercial use of this property. He might be OK with a bed and breakfast if there were a minimum number of guests. C. Gifford, 9255 SW Millen Dr., Tigard, 97224, did not testify but stated she agrees with the others. i Karen Butler, 9220 SW Millen Dr., Tigard, 97224, stated she lives adjacent to the Quello property. She said the tent on the concrete pad is in full view of her deck i i and obstructs her view. She reported that the noise has a major impact on her family and that most every weekend there is a wedding. i i Larry Galizio, 16455 SW 93`d, Tigard, 97224, testified that he lives across the ravine from the Quellos and that the ravine echoes the noise. He said there is an s expectation that when you buy property in a residential area, you have some kind of privacy. He complained about people from the wedding looking into his backyard. He also complained about the parking problem and that this is a profit making business. PLANNING COMMISSION MEETING MINUTES- July 17, 2000 - Page 5 Exhibit A - Page 7 Gayle Dowler, 16515 SW 93" Ave., Tigard, 97224, stated she lives approximately 800-1000 feet from the Quellos. She reported that the noise is incredible. She said they knew about the High School when they moved there and the Balloon Festival is big, but these are non-profit. She said they leave town during the Balloon Festival, but they can't leave all the time. She said it's not OK for weddings to disturb others. She stated that a bed and breakfast may be OK. PUBLIC HEARING CLOSED In response to a question from the Commission, Ms. Hajduk read from the code what the criteria was for a historic designation. She advised that there were restrictions regarding alterations and demolitions for historic sites. Commissioner Topp asked if there was or was not a historic overlay for the property. Hajduk answered that it was her understanding that it does not have a historic overlay. She advised that bed and breakfasts are commercial lodging which are already allowed in commercial zones. She said the code doesn't speak to weddings. People may be able to come into a group-gathering facility in a commercial zone in which they could have indoor weddings. President Wilson said he believes in transition to other uses. He remarked that for every historic property, there is going to be a different sort of economically possible use and wondered why this amendment was for only 2 uses. He said he favors allowing something as a measure of preservation, but in a way that would minimally impact the neighborhood. Hajduk responded that everybody has an opportunity to apply for a home occupation permit, but what was being proposed here is far and above a home occupation. In her opinion, this was a commercial activity in a residential neighborhood. Commissioner Padgett commented that part of the problem is that there is not a commonality inside the historic overlay zone, like there is inside industrial and commercial zones. We are dealing with a windmill, a theatre, a home; it's not the typical type of zone. It's a problem to find out what uses would be appropriate zone-wide for buildings and types of structures that really don't have the same type of commonality that are within other zones. Commissioner Griffith remarked that the code is put there for a reason; a residential zone is where people should live. There are certain expectations when people buy their houses. He said it bothers him when the City keeps diluting residential zones. There are other appropriate zones for these types of uses. Commissioner Topp suggested a standard by which applicants had to get sign-off from a certain percentage of the neighbors. President Wilson said historic structures have different needs and cited the loss of the Tigard Feed and Seed store. He said there is a significant public interest in preserving things that have historic value. They have to be economically viable and there needs to be some sort of provision to convert to other uses. PLANNING COMMISSION MEETING MINUTES- July 17, 2000 - Page 6 LMMM Exhibit A - Page 8 Commissioner Padgett said he agreed in principal, but only to the extent that it is represented as a historical site and there is an actual showing on the history of it and why it is a historical site. President Wilson disagreed. He doesn't believe education is the only value of history. He thinks just being able to see the property and drive by is good enough. The property being carved up into a subdivision would represent a loss to him. Commissioner Padgett stated he did not think this is right type of process for the applicant to accomplish what he is trying to accomplish for his property. He thinks that all the testimony has been very site specific and he has not heard any testimony as to why we should change uses city-wide in all historic overlay districts in a legislative process. Commissioner Topp said that doesn't invalidate the concept; the fact that it was brought because of a specific case doesn't mean we should ignore the concept. He doesn't believe we should throw it out because it's too site specific. President Wilson said he would like to see some kind of a provision to allow limited commercial use on historic properties sufficient to maintain them. He said that if we allow these 2 uses, there will be a 3`d and 4th, and so on. Commissioner Anderson said she would recommend denial; this may open up other issues if allowed. Commissioner Padgett questioned whether we should designate specific uses as opposed to some kind of criteria for whether any use should be allowed in a historic zone in a residential area. President Wilson said the purpose of a historic overlay is preserve historic areas, not to give them special privileges. He said that to preserve them requires that an owner can afford the typically higher maintenance costs involved. Commissioner Topp suggested that if we took the proposed bed and breakfast language and said "commercial activities may be permitted, such as conditional use", it would give it a broad opening that says you've got a historic building and you may need to do something other than live in it to be able to maintain it. This would open up the door that allows for that option to be pursued and reviewed, but we need to have restrictions. He said that would be a reasonable concept. President Wilson said he thought that if an owner could show that the historical site was not likely to be preserved unless additional income could be generated, then some limited commercial use might be allowed. Commissioner Griffith reminded the Commission that there is an allowance for home occupations. Wilson asked if this direction would be difficult to do. Ms. Hajduk answered that it would be very difficult for staff to review and make a recommendation based on financial implications. She noted that $100 might be critically important to one person, and PLANNING COMMISSION MEETING MINUTES - July 17, 2000 - Page 7 Who- Exhibit A - Page 9 for another, it might be $100,000. The concept of just making an argument that it is financially necessary would be very difficult to evaluate. Commissioner Griffith suggested expanding the allowances for home occupations. President Wilson asked if the recommendation to allow bed and breakfasts was the belief that most neighborhoods could handle that type of use. Hajduk answered that to limit customers to 5 on a regular basis on weekends would be consistent with what we would allow anyway. She noted that we have never allowed bed and breakfasts as a home occupation and said they are listed under commercial lodging. She believes it is consistent with what you could do. Commissioner Anderson moved that the Planning Commission forward a recommendation to the City Council to deny the requested zone ordinance amendment and to deny the request to allow weddings in historic overlay zones, ZOA 2000-00001, and to deny bed and breakfasts. Commissioner Padgett seconded the motion. Hajduk advised that she would forward to Council the Planning Commission recommendation and copies of the minutes, but she would not include the proposed language. Council would not have the benefit of looking at the language and making a decision for or against it. A voice vote was taken and the motion passed by a vote of 6-2. Commissioners Anderson, Padgett, Olsen, Scolar, Griffith, and Mores voted yes. Commissioners Incalcaterra and Wilson voted no. Commissioner Topp abstained. Commissioner Topp would like to see bed and breakfasts included with home occupations. Commissioner Padgett asked if there was a way to write the language to define a bed and breakfast situation totally separate from the definitions of commercial lodging so it could be included under a home occupation permit. Ms. Hajduk thought it would be doable. Commissioner Padgett noted that bed and breakfasts could then be allowed in all residential zones if they were allowed under home occupation standards. Hajduk advised that bed and breakfasts are allowed conditionally in other jurisdictions. Commissioner Topp moved that bed and breakfast establishments be considered a home occupation and that staff provide language to City Council to that effect. Commissioner Olsen seconded the motion. A voice vote was taken and the motion passed unanimously. Ms. Hajduk said she would check about additional notice requirements. President Wilson said he would like to Council to understand the Commission's deliberations about the economic issue here and that some commercial use should be allowed for historic property. Commissioner Padgett moved and Commissioner Scolar seconded a motion that City Council explore opportunities to allow limited commercial use for historic PLANNING COMMISSION MEETING MINUTES -July 17, 2000 - Pagc 8 M1 Exhibit A - Page 10 properties for their preservation. A voice vote was taken and the motion passed unanimously. 7. OTHER BUSINESS None 8. ADJOURNMENT The meeting adjourned at 10:26 p.m. Jerree Gaynor, Planning Commission Secretary ATTEST: President Nick Wilson PLANNING COMMISSION MEETING MINUTES - July 17, 2000 - Page 9 Exhibit B - Page I Agenda Item: 6.1 Hearing Date: July 17, 2000 Time: 7:30 PM STAFF REPORT TO THE PLANNING COMMISSION CITY OFTIGARD Community /Development FOR THE CITY OF TIGARD, OREGON Shaping ABetrerCommunity SECTION I APPLICATION SUMMARY CASE NAME: CODE AMENDMENT TO CONDITIONALLY ALLOW WEDDINGS AND BED AND BREAKFASTS IN HISTORIC OVERLAY ZONES CASE NO.: Zone Ordinance Amendment (ZOA) ZOA2000-00001 PROPOSAL: The applicant is requesting approval of a zone ordinance amendment to allow weddings and Bed and Breakfast establishments in Historic Overlay zones. APPLICANT: Dan Quello APPLICANT'S Bruce Vincent 16445 SW 92"d Ave. REP: 825 NE 20" Avenue Tigard, OR 97224 Suite 300 Portland, OR 97232 ZONE: All Zones with a Historic Overlay designation - Citywide. LOCATION: Historic Overlay Zones Citywide. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.380, 18.390 and 18.740; Comprehensive Plan Policy 3.7.1; The Metro 2040 Plan; and Statewide Planning Goals 1, 2, and 5. SECTION II. STAFF RECOMMENDATION s l Staff recommends that the Planning Commission forward a recommendation to the City a Council to APPROVE the requested Zone Ordinance amendment to allow Bed and Breakfasts in Historic Overlay zones conditionally and to DENY the request to allow weddings in Historic Overlay Zones. STAFF REPORT TO THE PLANNING COMMISSION 7117/2000 PUBLIC HEARING ZOA2000-00001 CODE AMENDMENT TO ALLOW WEDDINGS AND BED AND BREAKFASTS IN HISTORIC OVERLAY ZONES PAGE 1 OF 7 Exhibit B - Page 2 SECTION III. (BACKGROUND INFORMATION The applicant, Dan Quello, owns a home with a historic overlay. This house was inventoried in the Comprehensive Plan and referrers to as the Shaver-Bilyeu house. It is currently commonly referred to as the Quello house. Mr. Quello had been conducting outdoor weddings on this property for approximately 2 years. Complaints were received and City staff confirmed that no permits were, or could be, obtained because the commercial use was not permitted in this residential zone. Mr. Quello is asking for a code amendment to allow weddings, as well as bed and breakfasts uses in historic zones in order to continue offering wedding services from this home. If the request is approved, he will have to return with a request to have the Historic Overlay zone placed on his property. He will then be able to submit a conditional use application for the proposed use. The are 9 sites (not including the Quello house, which is on the National Register but not locally designated). Seven are in residential zones and 2 are in commercial zones. Staff has reviewed each of these sites and prepared the following table: 'HISTORIC SITE SITE CHARACTERISTICS, BED & OUTDOOR WEDDING ''r r BREAKFAST,. AND RECEPTION 'POTENTIAL POTENTIAL (21 Durham Developed with school. Plenty of None Possible but unlikely. Elementary parking. Surrounded by industrial School land and uses. John F. Small house. Home is used for Due to existing Possible, but unlikely Tigard House museum, lot owned by the Water use, none. because it is water district District. property. Ye-Olde Windmill Very small lot. No structure other None Very unlikely. than windmill. Charles F. Home can not be seen from road. Yes Possible Tigard House Assessor info. indicates home is over 3,000 square feet and lot is 1.5 acres. 71 Tigard Farmhouse Approximately 2,600 square foot Yes. Possible and Windmill home on Y2 acre lot. Joy Theater Movie theater. None None Tigard Grange #148 Large building. Parking area gravel. None indoor weddings allowed now due to existing use. Outdoor unlikely Seven Approximately 2,500 square foot Yes Possible Gables House home on '/2 acre lot. Gaarde House Approximately 2,900 square foot Yes Possible but unlikely due to home on Y. acre lot. size. Shaver-Bilyeu Large home (approx. 3,600 square Yes Possible House feet) on 2+ acre lot. [11 Staff included all homes currently serving as residences as having Bed & Breakfast potential. [21 Staff included all lots Y2 acre in size or larger as having commercial outdoor wedding potential. Staff could not examine yards to truly determine if there were areas large enough to accommodate weddings. S TAFF REPORI TO TI IE PLANNING COMMISSION 7/1712000 PUBLIC HEARING ZOA2000-00001 CODE AMENDMENT TO ALLOW WEDDINGS AND BED AND BREAKFASTS IN HISTORIC OVERLAY ZONES PAGE 2 OF 7 Exhibit B - Page 3 Bed and Breakfasts are combined under the commercial lodging use classification in the development code. Commercial lodging is permitted in the C-G, C-P, CBD, MUE, and I-P zones. Outdoor weddings are not addressed in the use classifications, however, a non-profit wedding may be permitted in Community recreation areas such as parks where the site has already been reviewed for noise, parking, traffic, and other such impact issues. Because they are intended to be outdoor meeting facilities, a wedding would not be inconsistent with the community use. For profit weddings, however, are most appropriate in a commercial zone within an approved public meeting location. SECTION IV. SUMMARY OF APPLICABLE CRITERIA Chapter 18.380 states that legislative text amendments shall be undertaken by means of a Type IV procedure, as governed by Section 18.390.060G. Chapter 18.390.060G states that the recommendation by the Commission and the decision by the Council shall be based on consideration of the following factors: The Statewide Planning Goals and Guidelines adopted under Oregon Revised Statutes Chapter 197; Notice was provided to DLCD 45 days prior to the first scheduled public hearing as required. In addition, the Tigard Development Code and Comprehensive Plan have been acknowledged by DLCD. The following are the applicable Statewide Planning Goals that are applicable to this proposal: Statewide Planning Goal 1 - Citizen Involvement: This goal outlines the citizen involvement requirement for adoption of Comprehensive Plans and changes to the Comprehensive Plan and implementing documents. This goal has been met by complying with the Tigard Development Code notice requirements set forth in Section 18.390. Notice was mailed to all property owners of property with a historic overlay and notice was published in the Tigard Times Newspaper prior to the hearing. In addition, after the hearing before the Planning Commission, additional notice will be mailed and published prior to the City Council Hearing. Two Public Hearings are held (one before the Planning Commission and the second before the City Council) in which public input is welcome. Statewide Planning Goal 2 - Land Use Planning: This goal outlines the land use planning process and policy framework. The Comprehensive Plan was acknowledged by DLCD as being consistent with the statewide planning goals. The Development Code implements the Comprehensive Plan. The Development Code establishes a process and policies to review changes to the Development Code consistent with Goal 2. The City's plan provides analysis and policies with which to evaluate a request for amending the Code consistent with Goal 2. STAFF REPORT TO THE PLANNING COMMISSION 7/17/2000 PUBLIC HEARING ZOA2000-00001 CODE AMENDMENT TO ALLOW WEDDINGS AND BED AND BREAKFASTS IN HISTORIC OVERLAY "ZONES PAGE 3 OF 7 IN I Exhibit B - Page 4 7goalestablishes g Goal 5 - Open Spaces, Scenic & Historic Areas & Natural Resources: hes a process through which resources must be inventoried andevaluated. rnment 3 choices when a resource is found: Preserve it, allow proposed uses lMt ::pith it, or est ablish a balance between the resource and those uses that would conflict with it. In this case, the City code has standards that preserve the historic resource with a review mechanism for alteration and demolition. The proposed uses would not, by themselves, conflict with this goal or the City's implementation of it (although structural changes would have to be reviewed). e Any federal or state statutes or regulations found applicable; There do not appear to be any applicable federal or state regulations for the USE of historic structures as they deal mainly with the exterior and/or architectural changes to the structures e Any applicable Metro regulations; There are no Metro regulations that need to be considered in this request. e Any applicable Comprehensive Plan Policies; and Comprehensive, Plan Policy 3.7.1: The policy states "The city shall identify and promote the preservation and protection of historically and culturally significant structures, sites, objects and districts within Tigard." The implementation strategy states "To preserve the community's history, an index of historic sites shall be developed and made available to the general public. A program shall be developed to acquire and/or restore a number of historical structures identified as significant. The City should consider the renovation of a historic structure as a historic museum or cultural center and meeting hall such as Durham School, Ye-Olde Windmill, and the John F. Tigard House." The proposed amendments will not be inconsistent with this policy. 4 Any applicable provisions of the City's implementing ordinances. The only applicable City Development Code standard is Chapter 18.380 which regulates amendments. While 18.330 and 18.740 will be amended, there are no specific criteria in these sections that need to be reviewed in order to make this decision. The Tigard Development Code Section 18.380 outlines the process for reviewing Development Code Text Amendments. Section 18.740 regulates the historic overlay. Currently, this section only regulates the designation and alterations of the properties with a historic designation and does not permit or disallow additional uses. STAFF REPORT TO THE PLANNING COMMISSION 7/17/2000 PUBLIC HEARING ZOA20004)0001 CODE AMENDMENT TO ALLOW WEDDINGS AND BED AND BREAKFASTS IN HISTORIC OVERLAY ZONES PAGE 4 OF 7 Exhibit B - Page 5 SECTION V. STAFF ANALYSIS The applicant has submitted several letters from people who have had wonderful weddings at the Quello house. Staff does not dispute that this is a beautiful home, with lovely landscaping, however, the question is whether the proposed uses are appropriate (not just enjoyable for those getting married) for all historic sites. The applicant has stated that by making the uses conditional, each site will be evaluated for compatibility with the neighborhood as part of that review. While this is true, staff has to examine whether it makes sense or if it is possible for the conditional use to be approved. It would make no sense to permit something in concept that has no possibility of being approved in reality. The applicant states that by allowing bed and breakfast and weddings to occur on sites with a historic overlay designation, that owners of these properties will have an avenue to raise additional monies to help defray the costs of upkeep of the sites. It is stated that this will benefit all of Tigard by providing incentives for owners of historic properties to maintain them versus let them deteriorate and/or tear them down. While the applicant has submitted the request for both bed and breakfast uses and weddings, staff has determined that they are, in reality, two totally separate uses that need to be evaluated separately. The staff recommendation is based on several factors. First and foremost, staff is assuming that the Planners, citizens and City Council members that worked on the original Comprehensive Plan and Tigard Development Code, as well as subsequent updates, had a purpose for allowing and disallowing the uses they did in each zone. Notwithstanding that, it is also accepted that omissions are made in use classifications and amendments may. be needed to allow uses that should have been included in a particular zone. Bed and Breakfast After evaluating the criteria, the applicant's statements and how other Cities address this issue, staff has determined that it may be appropriate to allow bed and breakfast uses. These uses could be controlled with Conditional Use Permit (CUP) approval. The impact on the neighborhood would be minimal and, if limited, would result in less customer visits than that of a home occupation which is allowed in all residential zones. The Bed and Breakfast concept could be limited to a certain number of rooms maximum, thus parking and noise would not be as great a concern. In addition, the other cities reviewed in preparation of this report (Portland, Beaverton, and Oregon City) allow bed and breakfasts conditionally in most residential zones (not just limited to historic districts). They do not allow (Portland) or do not address weddings or other group gatherings (Oregon City and Beaverton). The applicant has proposed conditional use language which would limit bed and breakfasts to 5 guestrooms and 1 parking space per room. Staff is supportive of these proposed restrictions. STAFF REPORT TO THE PLANNING COMMISSION 7/17/2000 PUBLIC HEARING ZOA2000-00001 CODE AMENDMENT TO ALLOW WEDDINGS AND BED AND BREAKFASTS IN HISTORIC OVERLAY ZONES PAGE 5 OF 7 Exhibit B -Page 6 Commercial Weddings Weddings for commercial business, even if approved as a conditional use, are not appropriate on residential home lots. Weddings may attract traffic that may not be able to be adequately accommodated on-site without jeopardizing the historic integrity of the site and off-site parking would not be in accordance with the Development Code standards. The applicant's residence is adjacent to the high school and they have indicated that there is more than enough parking there for a wedding use, however, this is not their property and, as far as staff knows, they do not have permission to use it. In any event, the parking locations may be no less than 200 feet from the building or use they are required to serve. The applicant's representative has indicated that many "wedding houses" provide valet parking which would allow parking other than the typical parking lot arrangement, as parking can be stacked. They propose 10-12 on-site stacked parking spaces as well as lease agreement from adjacent property owners for additional parking spaces on an as needed basis. By not being able to provide an accurate number of parking spaces with assurance that the people parking the cars are maximizing space, staff can not be assured that parking will not get out of control. In addition, the applicant would not be able to use adjacent property unless it is approved for parking as well. Again, a large number of cars, traffic and people on a weekly basis is not consistent with a residential neighborhood. Weddings also raise concern regarding noise levels for outdoor weddings which the City has already received numerous complaints on. Because weddings occur on weekends, when no code compliance specialist is working, enforcement of any conditions related to noise would be very difficult. The applicant has stated that outdoor wedding activity may occur a maximum of 12-15 times annually from May-September. This could be as much as every Saturday for 3-4 months during the summer. This is far too much impact for residential areas. The Conditional Use standards would force staff (or the Hearings Officer) to approve the use if certain criteria were met, therefore, very little discretion could be applied if the conditional use was an option. The number of complaints received while the Quello's were conducting weddings and the time spent on those complaints is another indication that this is not a suitable site. The City does not want to add additional burden on code enforcement when it is highly anticipated that the use will generate complaints. The applicant has proposed conditional use language which would restrict amplified noise and activities after 9:00 PM for weddings and receptions. Staff is not supportive of the use, even with these restrictions for the reasons stated above. Staff Recommendation: Based on the analysis above, staff finds it appropriate to allow historic sites to offer bed and breakfast facilities as approved by a Conditional Use. Staff is recommending that the Planning Commission forward a recommendation to City Council to amend the zone ordinance to approve the bed and breakfast use and deny the wedding use option. The bed and breakfast would be a conditional use with the following restrictions: 1. Limit of 5 guest rooms 2. On-site parking of one (1) space per room, and 3. City of Tigard Historic Overlay designation. STAFF REPORT TO THE PLANNING COMMISSION 7/17/2000 PUBLIC HEARING ZOA2000-00001 CODE AMENDMENT TO ALLOW WEDDINGS AND BED AND BREAKFASTS IN HISTORIC OVERLAY ZONES PAGE 6 OF 7 s Exhibit B - Page 1 SECTION A ADDITIONAL CITY STAFF AND OUTSIDE AGENCY COMMENTS Washington County Department of Land Use and Transportation has reviewed the application and provided the following comments: The proposal to allow weddings in historical structures could result in negative impacts if the facility is located within a residential neighborhood. Parking can be a major issue. If multiple on-site parking spaces are allowed (or required) then the parking area can spoil the character of historical structure itself, as well as, have a negative visual impact on adjacent homes. If on-site parking is not provided, and the historical structure is located in a residential area, then on-street parking could become an issue with the residents in the neighborhood. Weddings are generally held on weekends when code enforcement staff are not on-duty, therefore, police would likely be called if there was a problem. The residents of the City may not consider diverting officers to deal with minor issues (such as loud celebrating) an efficient or cost-effective use of a police officer's time. Bed and Breakfast establishments have and continue to be a viable use of historical structures in residential areas if the number of rooms that can be rented is strictly controlled. Two to four more cars on most residential streets can almost always be accommodated. Signs for Bed & Breakfasts within residential areas should be prohibited or strictly controlled since area residents often relate signs to commercial activities. A Bed & Breakfast can blend into a neighborhood if signage is not present. City of Tigard Long Range Planning Division, DLCD, The Oregon Department of Transportation, and Metro Land use and Planning Growth Management have all had an opportunity to review this proposal and have offered no comments or objections to the proposed zone change. el;~I- 4A July 5. 2000 PREPAR BY: Julia Hajduk DATE Associate Planner 1 { July 5. 2000 I APP OVED BY: Richard Be e sdo DATE I Planning Manager i1curplnljulia\zoa2000-00001 staff report.doc STAFF REPORT TO THE PLANNING COMMISSION 7/17/2000 PUBLIC HEARING ZOA2000-00001 CODE AMENDMENT TO ALLOW WEDDINGS AND BED AND BREAKFASTS IN HISTORIC OVERLAY ZONES PAGE 7 OF 7 Exhibit B - Page 8 DRAFT..... DRAFT..... DRAFT..... DRAFT..... DRAFT..... DRAFT... ADDITIONS: Indicated by light shade font/underling DELETIONS: Indicated by light shade font/strike- through (Additionally, a bar in the far right margin also indicates there has been a change. Example:-> ) Chapter 18.740 HISTORIC OVERLAY Sections: 18.740.010 Purpose 18.740.020 Applicability of Provisions 18.740.030 General Provisions 18.740.040 Approval Process 18.740.050 Application Submission Requirements 18.740.010 Purpose A. Purposes. The purpose of this chapter is to: I . Facilitate the protection, enhancement and perpetuation of such improvements and of such districts which represent or reflect elements of the City's cultural, social, economic, political and architectural history; 2. Enhance any registered historic or cultural areas designated in the City; 3. Stabilize and improve property values in such districts; 4. Strengthen the economy of the City; 5. Promote the use of historic districts and landmarks for the education, pleasure, energy conservation, housing, and public welfare of the City; and 6. Implement the applicable provisions of LCD Goal 5 and the City of Tigard Comprehensive Plan. 18.740.020 Applicability of Provisions A. Designated areas. The historic overlay district shall apply to the following sites and areas: 1. Historic sites and areas; 2. Cultural sites and areas; and 3. Landmarks. B. Designated activities. The provisions of this chapter apply to: Proposed Zone Ordinance Amendment to Conditionally Allow Bed & Breakfast Uses in Historic Overlay Zones Page 1 of4 DRAFr...18.740...DIZAFT Exhibit B - Page 9 1. The demolition of structures within an historic overlay zone area, as governed by Section 18.740.030; and 2. The exterior alteration or new construction within the historic overlay zone area, as governed by Section 18.740.030. 18.740.030 General Provisions A. Approval of exterior alterations Except as provided pursuant to Subsection B below, no person shall alter any structure in an historic overlay district in a manner as to affect its exterior appearance, nor may any new structure be constructed in an historic district unless approved by the Director. B. Approval of demolition No person shall demolish a structure located within an historic overlay district unless it is approved by the Director under the provisions of this chapter. C. Exemptions. 1. Exterior remodeling, as governed by this chapter, shall include any change or alteration in design or other exterior treatment excluding painting; 2. Nothing in this chapter shall be construed to prevent the ordinary maintenance or repair of any architectural features which do not involve a change in design, material or the outward appearance of such feature which the Building Official shall certify is required for the public safety because of its unsafe or dangerous condition. D. Condition of approval. If alteration or demolition of the historic resource is intended, a condition of approval shall be that insofar as feasible and as funds are available, the Washington County Museum shall obtain: 1. A pictorial and graphic history of the resource; and 2. Artifacts from the resource it deems worthy of preservation. E Incentives for maintenance In an effort to aid in the upkeep, protection and pride of properties with a historic overlay designation. Bed and Breakfast facilities are permitted subject to Conditional Use approval in all residential zones. 18.740.040 Approval Process A. Criteria for historic overlay district designation 1. Approval of an historic overlay district designation shall be made by means of a Type 11I-PC procedure, as governed by Section 18.390.050, when the Historic Sites and Districts Committee finds that any of the following criteria have been met: a. The proposed district or landmark would serve the purpose of the historic overlay district as stated in Section 18.740.010, Purpose; b. The site or area proposed for the designation reflects the broad cultural or natural history of the community, state or nation; Proposed Zone Ordinance Amendment to Conditionally Allow Bed & Breakfast Uses in Historic Overlay Zones Page 2 of4 DRAFT... 18.740... DRAFT E-EMMIMENEW M0 • Exhibit B - Page 10 c. The site or area is identified with historic personages, or with important events in national, state or local history; d. The site or area proposed for the designation embodies the distinguishing characteristics of an architectural specimen inherently valuable for a study of a period, style or method of construction; or e. The proposed site or area is a notable work of a master builder, designer or architect. 2. The age of a specific building is not sufficient in itself to warrant designation as historic. B. Criteria for removal of historic overlay district designation. Removal of an historic overlay district designation shall be made by means of a Type III-PC procedure, as governed by Section 18.390.050, when the Historic Sites and Districts Committee finds that any of the following criteria have been met: 1. The original historic overlay district designation was placed on the site in error; 2. The resource designated with the historic overlay district designation has ceased to exist; 3. The resource designated with the historic overlay district designation is no longer of significance to the public; or 4. The historic overlay district designation is causing the property owner to bear an unfair economic burden to maintain the property as an historic or cultural resource. C. Criteria for exterior alterations. Approval for exterior alterations of structures in an historic overlay district shall be granted by means of a Type II procedure, as governed by Section 18.390.040, by the Director using the following criteria: 1. The purpose of the historic overlay district as set forth in Section 18.740.010; 2. The economic use of the structure in a historic overlay district and the reasonableness of the proposed alteration and their relationship to the public interest in the structure's or landmark's preservation or renovation; 3. The value and significance of the structure or landmark in an historic overlay district; 4. The physical condition of the structure or landmark in an historic overlay district; 5. The general compatibility of exterior design, arrangement, proportion, detail, scale, color, texture, and materials proposed to be used with an existing structure in an historic overlay district; D. Criteria for construclion of new structures. Approval for exterior alterations of structures in an historic overlay district shall be granted by means of a Type II procedure, as governed by Section 18.390.040, by the Director using the following criteria: 1. 'File purpose of the historic overlay district as set forth in Section 18.740.010; 2. The economic effect of the new structure on the historic value of the district; Proposed Zone Ordinance Amendment to Conditionally Allow Bed & Breakfast Uses in Ilistoric Overlay Zones Page 3 of4 DRAFT... 18.740... DRAFT Exhibit B - Page I I , 3. The visual effect of the proposed new structure on the architectural character of the district; 4. The general compatibility of the exterior design, arrangement, proportion, detail, scale, color, texture and materials proposed to be used in the construction of the new building or structure; and E. Criteria for demolition. Approval for demolition of structures in an historic overlay district shall be granted by means of a Type II procedure, as governed by Section 18.390.040, by the Director using the following criteria: 1. The purpose of this chapter as set forth in Section 18.740.010; 2. The criteria used in the original designation of the district in which the property under consideration is situated; 3. The historical and architectural style, the general design, arrangement, materials of the structure in question, or its appurtenant fixtures; the relationship of such features to similar features of the other buildings within the district, and the position of the building or structure in relation to public rights- of-way, and to other buildings and structures in the area; 4. The effects of the proposed work upon the protection, enhancement, perpetuation and use of the district which cause it to possess a special character or special historical or aesthetic interest or value; 5. Whether denial of the permit will subject the City to potential liability, involve substantial hardship to the applicant, and whether issuance of the permit would act to the substantial detriment of the public welfare and would be contrary to the intent and purposes of this title. 18.740.050 Application Submission Requirements A. Submission requirements. All applications shall be made on forms provided by the Director. In addition to the submission requirements required by Chapter 18.390, Decision-Making Procedures, an application for any action governed by this chapter, as defined by Section 18.740.020, must include the following information. Specific information to be contained in each of the following is available from the Director. 1. Site plan; 2. Architectural drawings; 3. Landscape plan; 4. Sign drawings. i Proposed Zone Ordinance Amendment to Conditionally Allow Bed & Breakfast Uses in Historic Overlay Zones Page 4 of 4 DRAFT... 18.740... DRAFT Ing 11 Exhibit 6 - Page 12 • DRAFT..... DRAFT..... DRAFT..... DRAFT..... DRAFT..... DRAFT... ADDITIONS: Indicated by light shade font/underline DELETIONS: Indicated by light shade font/sttrike-t e~tg# (Additionally, a bar in the far right margin also indicates there has been a change. Example:--> 1 ) Chapter 18.330 CONDITIONAL USE Sections: 18.330.010 Purpose 18.330.020 Approval Process 18.330.030 Approval Standards and Conditions of Approval 18.330.040 Additional Submission Requirements 18.330.050 Additional Development Standards for Conditional Use Types 18.330.010 Purpose A. Purpose. The purpose of this chapter is to provide standards and procedures under which a conditional use may be permitted, enlarged or altered if the site is appropriate and if other appropriate conditions of approval can be met. There are certain uses which due to the nature of the impacts on surrounding land uses and public facilities require a case-by-case review and analysis. 18.330.020 Approval Process A. Initial applications. A request for approval for a new conditional use shall be processed as a Type III- HO procedure, as regulated by Chapter 18.390.050, using approval criteria contained in Section 18.330.030A and subject to other requirements in this chapter. B. Major modification of approved or existing conditional use. 1. An applicant may request approval of modification to an approved plan by: a. Providing the Director with five copies of the proposed modified conditional use site plan; and b. A narrative addressing the proposed changes as listed in subsection B below. i 2. The Director shall determine that a major modification(s) has resulted if one or more of the i changes listed below have been proposed: a. A change in land use; b. An 10`%, increase in dwelling unit density; c. A change in the type and/or location of access ways and parking areas where off-site traffic a a would be affected; d. An increase in the floor area proposed for non-residential use by more than 10% where previously specified; Proposed "Lone Ordinance Amendment to Conditionally Allow Bed & Breakfast Uses in Historic Overlay Zones Page 1 of I I DRAFT... 18.330...DRAF r Exhibit 6 - Page 13 e. A reduction of more than 10% of the area reserved for common open space and/or usable open space; f. A reduction of specified setback requirements by more than 20%; g. An elimination of project amenities by more than 10% where previously specified provided such as: (1) Recreational facilities; (2) Screening; or (3) Landscaping provisions; and h. A 10% increase in the approved density; 3. Upon the Director determining that the proposed modification to the conditional use plan is a major modification, the applicant shall submit a new application in accordance with Section 18.320.020A. C. Minor modification of approved or existing conditional use. 1. Any modification which is not within the description of a major modification as provided in Subsection B above shall be considered a minor modification. 2. An applicant may request approval of a minor modification by means of a Type I procedure, as regulated by Section 18.390.040, using approval criteria in Subsection C3 below. 3. A minor modification shall be approved, approved with conditions, or denied following the Director's review based on the findings that: a. The proposed development is in compliance with all applicable requirements of this title; and b. The modification is not a major modification as defined in Subsection A above. D. Phased development approval. As part of the approval process, the Hearings Officer shall approve a 4 time schedule for developing a site in phases over a period of time of one year, but in no case shall the total time period for all phases be greater than three years without reapplying for conditional use review. The criteria for approving a phased conditional use review proposal is that all of the following are satisfied: I . The public facilities shall be constructed in conjunction with or prior to each phase. 2. The development and occupancy of any phase shall not be dependent on the use of temporary public facilities. A temporary public facility is any facility not constructed to the applicable City a or district standard. 3. The phased development shall not result in requiring the City or other property owners to construct public facilities that were required as part of the approved development proposal. Proposed Zone Ordinance Amendment to Conditionally Allow Bed & Breakfast Uses in Historic Overlay Zones Page 2 of 1 I DRAFT... 18.330... DRAFT Exhibit B - Page 14 18.330.030 Approval Standards and Conditions of Approval A. Approval standards. The Hearings Officer shall approve, approve with conditions, or deny an application for a conditional use or to enlarge or alter a conditional use based on findings of fact with respect to each of the following criteria: 1. The site size and dimensions provide adequate area for the needs of the proposed use; 2. The impacts of the proposed use of the site can be accommodated considering size, shape, location, topography, and natural features; 3. All required public facilities have adequate capacity to serve the proposal; 4. The applicable requirements of the zoning district are met except as modified by this chapter; 5. The applicable requirements of 18.330.050; and 6. The supplementary requirements set forth in other chapters of this code including but not limited to Chapter 18.780, Signs, and Chapter 18.360, Site Development Review, if applicable, are met. B. Conditions of approval. The Hearings Officer may impose conditions on the approval of a conditional use, which are found necessary to ensure the use is compatible with other use in the vicinity, and that the impact of the proposed use on the surrounding uses and public facilities is minimized. These conditions may include, but are not limited to the following: 1. Limiting the hours, days, place and/or manner of operation; 2. Requiring design features which minimize environmental impacts such as noise, vibration, air pollution, glare, odor and/or dust; 3. Requiring additional setback areas, lot area, and/or lot depth or width; 4. Limiting the building height, size or lot coverage, and/or location on the site; 5. Designating the size, number, location and/or design of vehicle access points; 6. Requiring street right-of-way to be dedicated and street(s) to be improved; 7. Requiring landscaping, screening, drainage and/or surfacing of parking and loading areas; 8. Limiting the number, size, location, height and/or lighting of signs; 9. Limiting or setting standards for the location and/or intensity of outdoor lighting; 10. Requiring berms, screening or landscaping and the establishment of standards for their installation and maintenance; 11. Requiring and designating the size, height, location and/or materials for fences; Proposed Zone Ordinance Amendment to Conditionally Allow Bed & Breakfast Uses in Historic Overlay Zones Page 3 of l I DRAFT... 18.330... DRAFT In, III!! ii~~ll lilil, 11 Exhibit B - Page 15 12. Requiring the protection and preservation of existing trees, soils, vegetation, watercourses, habitat areas and/or drainage areas; 13. Requiring the dedication of sufficient open land area for a greenway adjoining and within the floodplain when land form alterations and development are allowed within the 100-year floodplain; and 14. Requiring the construction of a pedestrian/bicycle pathway within the floodplain in accordance with the adopted pedestrian/bicycle pathway plan. C. Exemptions. Manufactured home parks and manufactured home subdivisions are exempt from the provisions of Subsection B above. Manufactured home subdivisions are subject to approval under the provisions of Chapter 18.430, Subdivisions. Manufactured home parks are subject to approval under the provisions of Chapter 18.340, Site Development Review. 18.330.040 Additional Submission Requirements A. Additional submission requirements In addition to the submission requirements required in Chapter 18.390, Decision-Making Procedures, an application for conditional use approval must include the following additional information in graphic, tabular and/or narrative form. The Director shall provide a list of the specific information to be included in each of the following: 1. Existing site conditions; 2. A site plan; 3. A grading plan; 4. A landscape plan; 5. Architectural elevations of all structures; and 6. A copy of all existing and proposed restrictions or covenants. 18.330.050 Additional Development Standards for Conditional Use Types A. Concurrent variance application(s). A conditional use permit shall not grant variances to the regulations otherwise prescribed by this title. A variance application(s) may be filed in conjunction with the conditional use application and both applications may be heard at the same hearing. B. Additional development standards. The additional dimensional requirements and approval standards for conditional use are as follows: 1. Adult Entertainment: a. No adult entertainment establishment shall be permitted to locate within 500 feet of any: (1) Residential zone; (2) Public or private nursery, preschool, elementary, junior, middle, or high school; Proposed Zone Ordinance Amendment to Conditionally Allow Bed & Breakfast Uses in Historic Overlay Zones Page 4 of 1 1 DRAFT... 18.330... DRAFT Exhibit B - Page 16 (3) Day care center, nursery school, resident care facility or hospital; (4) Public library; (5) Public park; or (6) Religious institution. b. Distance shall be measured in a straight line, without regard to intervening structures, objects or roads, from the closest point of the structure or portion of structure containing the use, to the closest portion of the residential zone or property line upon which a use specified in paragraph (a) above is listed; c. Any sign shall comply with the sign requirements, Chapter 18.780; d. Hours of operation shall be limited to 10:00 a.m. to 1:00 a.m.; e. All windows less than seven feet from the ground shall be covered or screened in such a manner that the sales area and inventory are not visible from the sidewalk adjacent to the use; f. Doors and windows shall at all times be closed except for normal ingress and egress; g. No amplified or mechanically reproduced sounds shall emanate from the confines of the structure or portion of the structure in which the adult business is operated; and h. All adult entertainment establishments shall comply with all applicable state laws. 2. Bed and Breakfast Establishments in Residential zones: a. The property must be in a historic overlay zone only b. No more than 5 guest rooms shall be permitted c One parkin; space per guest room in addition to the parking required for the existing residence shall be provided. d. The Bed and Breakfast establishment shall be run by a primary resident of the property.. e. Signs shall be permitted in accordance with the home occupation sign standards of Section 18.742.050.A.2.a. f. The dimensional standards of the underlying zone shall-apply. g. No other commercial activities may occur on-site other than those permitted under a Type I home occupation permit. -21. Motor Vehicle Servicing and Repair: a. Setbacks: (1) A five-foot perimeter setback shall surround all outdoor parking and storage areas; (2) Buffer screening shall be provided along the perimeter of all outdoor parking and storage areas as required in Section 18.745.040; and (3) All repair work shall be performed indoors. Proposed Zone Ordinance Amendment to Conditionally Allow Bed & Breakfast Uses in Historic Overlay Zones Page 5 of I 1 DRAFT... 18.330... DRAFT Exhibit B - Page 17 34_. Fleet Storage: I a. No buildings or structures are allowed; and b. Setbacks shall comply to those of the underlying zone. 45. Motor Vehicle Sales and Rental: a. Five feet of the perimeter setback shall be used for landscaping and screening purposes; 46. Community Recreation and Parks: a. All building setbacks shall be a minimum of 30 feet from any property line; b. There are no off-street parking requirements. 61. Heliports: a. In all commercial and industrial zones, heliports shall be sited in accordance with the ODOT Aeronautics Division requirements and the FAA recommended design guidelines. -7$. Vehicle Fuel Sales: a. Minimum lot size shall be 10,000 square feet; b. Setbacks: (1) The front yard setback shall be 40 feet; (2) On comer and through lots, the setback shall be 40 feet on any side facing a street; and (3) No side or rear yard setback shall be required, except 20 feet where abutting a residential zoning district; c. Fuel tank installation shall be in accordance with the Uniform Fire Code; and d. Building height shall be the same as applicable zone. 89. Schools: a. There shall be no minimum lot size requirements for schools other than what is required for the applicable zoning district; b. Setbacks: (1) The front yard setback shall be a minimum of 30 feet; (2) On corner lots and through lots, the setback shall be a minimum of 20 feet on any side facing a street, plus meet visual clearance areas, Chapter 18.795; Proposed Zone Ordinance Amendment to Conditionally Allow Bed & Breakfast Uses in Historic Overlay Zones Page 6 of 1 I DRAFT... 18.330... DRAFT Exhibit B - Page 18 (3) The side yard setback shall be a minimum of 20 feet; and (4) The rear yard setback shall be a minimum of 30 feet. -9n. Religious Institutions: a. Minimum lot size shall be 20,000 square feet; b. Setbacks: (1) The front yard setback shall be a minimum of 25 feet; (2) On comer lots and through lots, the setback shall be a minimum of 20 feet, plus meet visual clearance areas, Chapter 18.795; (3) The side yard setback shall be a minimum of 20 feet; (4) The rear yard setback shall be a minimum of 20 feet; and (5) Each setback shall be increased five feet for every 10 feet of building height over 45 feet. 4-0l 1. Medical Centers: a. Minimum lot size shall be 20,000 square feet plus 1,000 square feet for each bed over 15 beds; b. Setbacks: (l) The front yard setback shall be a minimum of 25 feet; (2) On comer lots and through lots, the setback shall be a minimum of 25 feet, plus meet visual clearance areas requirements, Chapter 18.795; (3) The side yard setback shall be a minimum of 25 feet; (4) The rear yard setback shall be a minimum of 25 feet; and (5) Each setback shall be increased five feet for every 10 feet of building height over 45 feet. 444 2. Cemeteries: i a. The minimum lot size shall be five acres; i b. Setbacks: (1) For graves only: s 1 1 (a) The front yard setbacks shall be a minimum of 15 feet; (b) The side yard setbacks shall be a minimum of 15 feet; and Proposed Zone Ordinance Amendment to Conditionally Allow Bed & Breakfast Uses in Historic Overlay Zones Page 7 of 11 DRAFT... 18.330... DRAFT Exhibit B - Page 19 (c) The rear yard setbacks shall be a minimum of 15 feet. (2) For Structures Only: (a) The front yard setbacks shall be a minimum of 25 feet; (b) On corner lots and through lots, the setbacks shall be a minimum of 25 feet on any side facing a street, plus meet visual clearance areas, Chapter 18.795; (c) The side yard setback shall be a minimum of 25 feet; and (d) The rear yard setback shall be a minimum of 25 feet; c. Adequate fencing shall be provided. A fence of at least four feet in height located at least 2- 1/2 feet from any right-of-way shall completely surround the area and shall meet visual clearance areas; and d. There are no off-street parking requirements. 4-2ill. Social/Fraternal Clubs/Lodges: a. Minimum lot size shall be 20,000 square feet. 4414. Major Event Entertainment: a. The minimum lot size shall be two acres; b. Setbacks: (1) The front yard setback shall be a minimum of 30 feet; (2) On corner lots and through lots, the setback shall be a minimum of 25 feet on any side facing a street, plus meets visual clearance areas, Chapter 18.795; (3) The side yard setback shall be a minimum of 25 feet; (4) The rear yard setback shall be a minimum of 30 feet; and 4 (5) Each setback shall be increased five feet for every 10 feet of building height over 45 feet. c. With regard to off-street parking: Exempt, if constructed with a school use. Otherwise, i requirements shall comply with Section 18.765; a a 1415. Duplexes: i s a. The minimum lot size shall be 10,000 square feet; and 1 l b. The remaining dimensional requirements of the underlying zoning district shall apply. Proposed Zone Ordinance Amendment to Conditionally Allow Bed & Breakfast Uses in Historic Overlay Zones Page 8 of I I DRAFT... 18.330... DRAFT Exhibit B - Page 20 451. Group Living: a. Minimum lot size shall be 5,000 square feet; b. Minimum setbacks shall be those in the applicable zone; c. Height limitation shall be that in the applicable zone; d. Compliance with all state requirements shall be required; and e. Off-street parking shall be in accordance with Chapter 18.765. 4-6 7. Emergency Services and Basic Utilities: a. Minimum lot size shall be 5,000 square feet; b. Minimum sc[backs shall be those in the applicable zone; c. Height limitation shall be in accordance with Chapter 18.730; d. Off-street parking and loading requirement shall be in accordance with Chapter 18.765; and e. Screening shall be in accordance with Chapter 18.745. 4-71. Non-Accessory Parking: a. Minimum lot size shall be 5,000 square feet; b. Minimum setbacks: for structures: shall be those of the applicable zone; for parking area: five feet around perimeter of paved area for landscaping and screening purposes; c. Height limitation shall be that of the applicable zone; d. Off-street parking requirements shall be in accordance with Chapter 18.765; and e. Screening shall be in accordance with Chapter 18.745. 4$12. Manufactured/Mobile Home Parks (Also see Chapter 18.750): i 1 a. Minimum lot size shall be one acre; b. Minimum lot dimension: H 1 (1) Frontage: 100 feet; (2) Depth: 150 feet; c. Minimum setbacks: (1) Front yard: 25 feet; Proposed Zone Ordinance Amendment to Conditionally Allow Bed & Breakfast Uses in Historic Overlay Zones Page 9 of I 1 DRAFT... 18.330... DRAFT Exhibit 6 - Page 21 (2) Rear yard: 25 feet; (3) Side yard: 10 feet; (4) Corner yard: 25 feet. d. Height limitation shall be that of the applicable zone; e. Off-street parking shall be in accordance with Chapter 18.765; f. Landscaping shall be equal to 20% of the project area; g. Screening shall be in accordance with Chapter 18.745; h. Outdoor recreation shall equal a minimum of 60 square feet area, suitably improved for recreational use, for each unit exclusive of required yards. Each recreation area shall have minimum size of 2,500 square feet. 920. Children's Day Care: a. Minimum lot size shall be 5,000 square feet; b. Minimum Setbacks shall be those of the applicable zone; c. Height limitation shall be that of the applicable zone; d. State certification shall be obtained in accordance with ORS Chapter 418; and e. Off-street parking shall be in accordance with Chapter 18.765. 2021. Drive-Up Windows: a. Minimum lot size shall be as required in the underlying zone. b. Minimum setbacks: Where access to the drive-up windows is not separated from abutting properties or a public right-of-way by parking, structures or landscaping, visual screening shall be provided to screen headlights from abutting property and the right-of-way. c. Height limitation shall be in accordance with the underlying zone. d. Drive-up window reservoir requirement: All uses providing drive-up service as defined by this title shall provide on the same site a reservoir for inbound vehicles as follows in Table 18.765.1 contained in Chapter 18.765, Off-Street Parking and Loading Requirements. e. Reservoir Parking: Restaurants providing drive-up window service shall provide at least two designated parking spaces immediately beyond the service window, or provide other satisfactory methods, to allow customers requiring excessive waiting time to receive their food while parked. Proposed Zone Ordinance Amendment to Conditionally Allow Bed & Breakfast Uses in Historic Overlay Zones Page 10 of 11 DRAFT... 18.330... DRAFT Exhibit 6 - Page 22 f. Hours of operation: Hours of operation shall be limited for the drive-up window when the property with the drive-up window facility abuts a residential use. In this case, hours of the drive-up window shall be limited to 7 AM to 9 PM. g. Walk-up service: Financial and other commercial establishments providing drive-up window facilities which do not provide for walk-in customer service (i.e., not allowing transactions within the structure) shall provide for safe, convenient and readily-accessible exterior walk-up window service, such as an automatic teller machine, at any time during regular business hours. Additionally, at a minimum, two parking spaces shall be provided allowing convenient access to the walk-up service window. h. Emergency exit: The design of the vehicle stacking area serving the drive-up window shall allow customers to leave the stacking line in their vehicle in the event of an emergency. i. Pedestrian access: On-site parking for walk-in customers shall be designed so that pedestrians do not have to cross drive-up window stacking lines to any public entrances into the building. j. Obstruction of rights-of-way: Establishments having drive-up window facilities shall have sufficient stacking area to insure that public rights-of-way are not obstructed. k. Sound systems: Communications sound systems shall not exceed a measurement of 55 decibels at the adjoining property line(s) at any time. I:\curpln\ulia\zoa\zoa2000-00001 Chapter 18.330 proposed changes.doc i l i i i 1 3 1 Proposed Zone Ordinance Amendment to Conditionally Allow Bed & Breakfast Uses in Historic Overlay Zones Page 1 I of 11 DRAFT... 18.330... DRAFT Exhibit B - Page 23 DRAFT..... DRAFT..... DRAFT..... DRAFT..... DRAFT..... DRAFT... ADDITIONS: Indicated by light shade font/underline DELETIONS: Indicated by light shade font/strike-through (Additionally, a bar in the far right margin also indicates there has been a change. Example:--> I ) Chapter 18.510 RESIDENTIAL ZONING DISTRICTS Sections: 18.510.010 Purpose 18.510.020 List of Zoning Districts 18.510.030 Uses 18.510.040 Minimum and Maximum Densities 18.510.050 Development Standards 18.510.060 Accessory Structures 18.510.010 Purpose A. Preserve neighborhood livability. One of the major purposes of the regulations governing development in residential zoning districts is to protect the livability of existing and future residential neighborhoods, by encouraging primarily residential development with compatible non-residential development schools, churches, parks and recreation facilities, day care centers, neighborhood commercial uses and other services at appropriate locations and at an appropriate scale. B. Encourage construction of affordable housing: Another purpose of these regulations is to create the environment in which construction of a full range of owner-occupied and rental housing at affordable prices is encouraged. This can be accomplished by providing residential zoning districts of varying densities and developing flexible design and development standards to encourage innovation and reduce housing costs. 18.510.020 List of Zoning Districts A. 'R-1: Low-Density Residential District. The R-1 zoning district is designed to accommodate detached single-family homes with or without accessory residential units at a minimum lot size of 30,000 square feet. Some civic and institutional uses are also permitted conditionally. , i B. R-2: Low-Density Residential District. The R-2 zoning district is designed to accommodate detached single-family homes with or without accessory residential units at a minimum lot size of 20,000 square feet. Some civic and institutional uses are also permitted conditionally. C. R-3.5: I_ow-Density Residential District. The R-3.5 zoning district is designed to accommodate detached single- family homes with or without accessory residential units at a minimum lot size of 10,000 square feet. Duplexes are I permitted conditionally. Some civic and institutional uses are also permitted conditionally. 1 D. R-4.5: I_ow-Density Residential District. The R-4.5 zoning district is designed to accommodate detached single- family homes with or without accessory residential units at a minimum lot size of 7,500 square feet. Duplexes and attached single-family units are permitted conditionally. Some civic and institutional uses arc also permitted conditionally. Proposed 'Lone Ordinance Amendment to Conditionally Allow Bed & Breakfast Uses in Historic Overlay Zones Page I of 7 DRAFT... 18.510... DRAFT AND Exhibit B - Page 24 E. R-7: Medium-Dnsi Residential District. The R-7 zoning district is designed to accommodate attached single- family homes, detached single-family homes with or without accessory residential units, at a minimum lot size of 5,000 square feet, and duplexes, at a minimum lot size of 10,000 square feet. Mobile home parks and subdivisions are also permitted outright. Some civic and institutional uses are also permitted conditionally. F. R-12: Medium-Density Residential District. The R-12 zoning district is designed to accommodate a full range of housing types at a minimum lot size of 3,050 square feet. A wide range of civic and institutional uses are also permitted conditionally. G. R-25: Medium High-Density Residential District. The R-25 zoning district is designed to accommodate existing housing of all types and new attached single-family and multi-family housing units at a minimum lot size of 1,480 square feet. A limited amount of neighborhood commercial uses is permitted outright and a wide range of civic and institutional uses are permitted conditionally. H. R-40: Medium High-Density Residential District. The R-40 zoning district is designed to accommodate existing housing of all types and new attached single-family and multi-family housing units with no minimum lot size or maximum density. A limited amount of neighborhood commercial uses is permitted outright and a wide range of civic and institutional uses are permitted conditionally. 18.510.030 Uses A. Types of uses. For the purposes of this chapter, there are four kinds of use: 1. A permitted (P) use is a use which is permitted outright, but subject to all of the applicable provisions of this title. If a use is not listed as a permitted use, it may be held to be a similar unlisted used under the provisions of Chapter 18.230; 2. A restricted (R) use is permitted outright providing it is in compliance with special requirements, exceptions or restrictions; 3. A conditional use (C) is a use the approval of which is discretionary with the Hearings Officer. The approval process and criteria are set forth in Chapters 18.310 and 18.320. If a use is not listed as a conditional use, it may be held to be a similar unlisted used under the provisions of Chapter 18.230; 4. A prohibited (N) use is one which is not permitted in a zoning district under any circumstances. B. Use to le. A list of permitted, limited, conditional and prohibited uses in residential zones is presented in Table 18.510.1. TABLE 18.510.1 USE TABLE L1SE CATEGORY R-1 R-2 R-3.5 R-4.5 R-7 R-12 R-25 R-40 RESIDENTIAL Household Living P P P P P P P P Group Living R'/C RYC RVC R'/C RVC RVC R'/C RYC Transitional Housing N N N N N C C C Home Occupation R2 R2 R2 R'- R2 R2 R'- R'- Proposed Zone Ordinance Amendment to Conditionally Allow Bed & Breakfast Uses in Historic Overlay Zones Page 2 of 7 DRAFT... 18.510... DRAFT ,N _ 7725 HOUSING TYPES Single Units, Attached N N N R8 R9/C P P Single Units, Detached P P P P P P P Accessory Units R' R' R' R' R' R' R3 Duplexes N N C C P P P P Multi-Family Units N N N N N P P P Manufactured Units P P P P P P P P Mobile Home Parks/Subdivisions N N C C P P P P CIVIC (INSTITUTIONAL) Basic Utilities CQ C4 C° C' CQ C4 C4 CQ Colleges C C C C C C C C Community Recreation C C C C C C C C Cultural Institutions N N C C C N N N Day Care P/CS P/CS P/CS P/CS P/CS P/CS P/C5 P/C5 Emergency Services C C C C C N N N Medical Centers N N C C C C C C Postal Service N N N N N N N N Public Support Facilities P P P P P P P P Religious Institutions C C C C C C C C Schools C C C C C C C C Social/Fraternal Clubs/Lodges N N N N N C C C COMMERCIAL Bed and Breakfast Establishments C'Z---- C'2-C'Z--C12------ C'2------ Ci2------ C'z------ C'Z Commercial Lodging N N N N N N N N Eating and Drinking Establishments N N N N N N N N Entertainment-Oriented - Major Event Entertainment N N N N N N N N - Outdoor Entertainment N N N N N N N N - Indoor Entertainment N N N N N N N N - Adult Entertainment N N N N N N N N General Retail - Sales-Oriented N N N N N N R" R" - Personal Services N N N N N N R" R" - Repair-Oriented N N N N N N R" R" - Bulk Sales N N N N N N N N - Outdoor Sales N N N N N N N N - Animal-Related N N N N N N N N TABLE 18.510.1 (CON'T) USF CATEGORY P-1 R-2 R-3 5 R-4 5 R-7 R-12 R-25 R-40 Motor Vehicle Relp.ted - Motor Vehicle Sales/Rental N N N N N N N N - Motor Vehicle Servicing/Repair N N N N N N N N - Vehicle Fuel Sales N N N N N N N N Office N N N N N N N N Self-Service Storage N N N N N N N N Non-Accessory Parking N N N N N CIO CIO C'0 Proposed Zone Ordinance Amendment to Conditionally Allow Bed & Breakfast Uses in Historic Overlay Zones Page 3 of 7 DRAFT... 18.510... DRAFT Exhibit B - Page 26 INDUSTRIAL Industrial Services N N N N N N N N Manufacturing and Production - Light Industrial N N N N N N N N - General Industrial N N N N N N N N - Heavy Industrial N N N N N N N N Railroad `Yards N N N N N N N N Research and Development N N N N N N N N Warehouse/Freight Movement N N N N N N N N Waste-Related N N N N N N N N Wholesale Sales N N N N N N N N OTHER Agriculture/Horticulture P6 P6 P6 P6 P6 N N N Cemeteries N N C C C N N N Detention Facilities N N N N N N N N Heliports N N N N N N N N Mining N N N N N N N N Wireless Communication Facilities P/R' P/R' P/R' P/R' P/R' P/R' P/R' P/R' Rail Lines/Utility Corridors C C C C C C C C P=Permitted R=Restricted C=Conditional Use N=Not Permitted 'Group living with five or fewer residents permitted by right; group living with six or more residents permitted as conditional use. 2Permitted subject to requirements Chapter 18.742. 'Permitted subject to compliance with requirements in 18.710. 'Except water and storm and sanitary sewers, which are allowed by right. 'In-home day care which meets all state requirements permitted by right; freestanding day care centers which meet all state requirements permitted conditionally. 6When an agricultural use is adjacent to a residential use, no poultry or livestock, other than normal household pets, may a be housed or provided use of a fenced run within 100 feet of any nearby residence except a dwelling on the same lot. i 'See Chapter 18.798, Wireless Communication Facilities, for requirements for permitted and restricted facilities. i "Attached single-family units permitted only as part of an approved planned development. a a Vermitted by right if no more than five units in a grouping; permitted conditionally if six or more units per grouping. a 1OOnly park-and-ride and other transit-related facilities permitted conditionally. a 4 I "Limited to grottnd-floor level of multi-family projects, not to exceed 10% of total gross square feet of the building. '`'Conditional Use for properties with a Iistoric Overlay 'Lone only. Proposed Zone Ordinance Amendment to Conditionally Allow Bed & Breakfast Uses in Historic Overlay Zones Page 4 of 7 DRAFT...18.510...DRAFT Exhibit B - Page 21 18.510.040 Minimum and Maximum Densities A. Purpose. The purpose of this section is to establish minimum and maximum densities in each residential zoning district. To ensure the quality and density of development envisioned, the maximum density establishes the ceiling for development in each zoning district based on minimum lot size. To ensure that property develops at or near the density envisioned for the zone, the minimum density for each zoning district has been established at 80% of maximum density. B. Calculating minimum and maximum densities. The calculation of minimum and maximums densities is governed by the formulas in Chapter 18.715, Density Computations. C. Adjustments. Applicants may request an adjustment when, because of the size of the site or other constraint, it is not possible to accommodate the proportional minimum density as required by Section 18.715020C and still comply with all of the development standards in the underlying zoning district, as contained in Table 18.510.2 below. Such an adjustment may be granted by means of a Type I procedure, as governed by Chapter 18.390, using approval criteria in Section 18.370.020 B 1. 18.510.050 Development Standards A. Compliance required. All development must comply with: 1. All of the applicable development standards contained in the underlying zoning district, except where the applicant has obtained variances or adjustments in accordance with Chapters 18.370; 2. All other applicable standards and requirements contained in this title. B. Development Standards. Development standards in residential zoning districts are contained in Table 18.510.2. TABLE 18.510.2 DEVELOPMENT STANDARDS IN RESIDENTIAL ZONES STANDARD R-1 R-2 R-3.5 R4.5 R-7 Minimum Lot Sire Detached unit 30,000 sq.ft. 20,000 sq.ft. 10,000 sq. ft. 7,500 sq. ft. 5,000 sq. ft. Duplexes 10,000 sq.ft. 10,000 sq. ft. Attached unit [1] 5,000 sq.ft. Average Minimum Lot Width Detached unit lots 100 ft. 100 ft. 65 ft. 50 ft. 50 ft. Duplex lots 90 ft. 90 ft. 50 ft. Attached unit lots 40 ft. Maximum Lot Coverage 80% [2] Minimum Setbacks Front yard 30 ft. 30 ft. 20 ft. 20 ft. 15 ft. Side facing street on comer & through lots 20 ft. 20 ft. 20 ft. 15 ft. 10 ft. Side yard 5 ft. 5 ft. 5 ft. 5 ft. 5 ft. Rear yard 25 It. 25 fl. 15 ft. 15 ft. 15 ft. Side or rear yard abutting more restrictive zoning district 30 ft. Distance between property line and front of garage 2011. 2011. 20 ft. 2011. 20 fl. Maximum Ileight 30 ft. 30 It. 3011. 3011. 35 ft. Minimum Landscape Requirement 20% [I I Single-family attached residential units permitted at one dwelling per lot with no more that five attached units in one grouping. [21 Lot coverage includes all buildings and impervious surfaces. Proposed Zone Ordinance Amendment to Conditionally Allow Bed & Breakfast Uses in Historic Overlay Zones Page 5 of7 DRAFT... 18.510... DRAFT Exhibit B - Page 28 TABLE 18.510.2 - (Cont'd.) DEVELOPMENT STANDARDS IN RESIDENTIAL ZONES R 12 R-25 . . R. 0. STP.PTDAAD ~.MFDU*, SFDU•' MFDU°..: .:.~SFDU*" MFDU*. 'SFDU**'>' Minimum Lot Size - Detached unit 3,050 sq.ft.per unit 3,050 sq.ft. per unit 1.480 sq.il. 3,050 sq.ft. per unit None None -Attached unit 1,480 sq.ft. None - Duplexes 6,100 sq.ft. or 3,050 sq.fl. per unit None - Boarding, lodging, rooming house 6,100 sq. ft, Average Lot Width None None None None None None Minimum Setbacks Front yard 20 ft. 15 fl. 20 ft. 15 ft. 20 ft. 15 ft. Side facing street on comer & through lots 20 ft. t0 ft. 20 ft. 10 ft. 20 ft. 10 ft. Side yard 10 ft. 5 ft. 11] 10 ft. 5 ft. 11] 10 ft. 5 ft. [11 Rear yard 20 ft. 15 ft. 20 ft. 15 ft. 20 ft. 15 ft. - Side pr rear yard abutting more restrictive zoning district 30 ft. 30 ft. 30 ft. 30 ft. 35 ft. 35 ft. Distance between property line and garage entrance 20 ft. 20 ft. 20 ft. 20 ft. 20 ft. 20 ft. Maximum Height 35 ft. 35 ft. 45 ft. 45 ft. 60 ft. 60 ft. Maximum Lot Coverage [21 80% 80% 80% 80% 80% 80% Mimimum Landscape Requirement 20% 20% 20% 20% 20% 20% [11 Except this shall not apply to attached units on the lot line on which the units are attached. [2] Lot coverage includes all buildings and impervious surfaces. * Multiple-family dwelling unit Single-family dwelling url 18.510.060 Accessory Structures A. Permitted uses. Accessory structures are permitted by right in all residential zones subject to the following: 1. Dimensional requirements: a. On sites containing less than 2.5 acres, an accessory structure may not exceed 528 square feet. On sites 2.5 acres or larger, an accessory structure may not exceed 1,000 square feet; b. An accessory structure may not exceed 15 feet in height; c. In no case shall the primary structure and accessory structure(s) exceed the maximum lot coverage allowed in the base zone; d. An accessory structure may not be located within the front yard setback; e. An accessory structure must maintain a minimum side and rear yard setback of five feet; 2. Non-dimensional requirements: a. No accessory structure shall encroach upon or interfere with the use of any adjoining property or public right-of-way including but not limited to streets, alleys and public and private easements; b. An accessory structure shall comply with all of the requirements of the Uniform Building Code. All accessory structures except those less than 120 square feet in size require a building permit; c. An accessory structure which is non-conforming is subject to the provisions of Chapter 18.760, Non- Conforming Situations, when an alternation, expansion or reconstruction is requested; d. The erection of television receiving dishes on the roof of a structure is not permitted in any residential zone. Proposed Zone Ordinance Amendment to Conditionally Allow Bed & Breakfast Uses in Historic Overlay Zones Page 6 of 7 DRAFT... 18.510... DRAFT Exhibit B - Page 29 3. All freestanding and detached towers, antennas, wind-generating devices and TV receiving dishes, except as otherwise regulated by Wireless Communication Facilities (Chapter 18.798), shall have setbacks equal to or greater than the height of the proposed structure. Suitable protective anti-climb fencing and a landscaped planting screen, in accordance with Chapter 18.745, Landscaping and Screening, shall be provided and maintained around these structures and accessory attachments. I:\curplnyulia\zoa\zoa2000-00001 Chapter 18.510 proposed changes.doc Proposed Zone Ordinance Amendment to Conditionally Allow Bed & Breakfast Uses in Historic Overlay Zones Page 7 of7 DRAFT... 18.510... DRAFT Exhibit B - Page 30 DESIGNATED HISTORICAL SITES CITY OF TIGARD Year Property/Address Tax Lot No. Designated 1 Durham Elementary School Zone: R-12(HD) 8040 SW Durham St. 2S1 13B 300 1984 Built in 1920, the school is significant in its association with early Oregon pioneer and businessman Albert Durham. 2 John F. Tigard House Zone: R-3.5 (HD) 10310 SW Canterbury Ln. 2S1 11 BC 2600,2700 1984 Built in 1880, the house is one of two Tigard sites listed on the National Historic Register. John Tigard was the eldest son of Wilson Tigard, the founding father of Tigardville. John operated a coach route from Tigardville to Portland. The house is significant in its association with John and as an example of early frame construction. 3 Ye-Olde Windmill Zone: R-4.5 (HD) 121st St. and Katherine St. 2S1 3BB 6500,10200 1984 Built in 1909 by Edward Christensen, the water tower stands as a visible testimonial to the surrounding land's original agricultural use and to the Wood-Christensen families who lived and farmed there. 4 Charles F. Tigard House Zone: R-4.5 (HD) 11180 SW Fonner St. 2S1 3 AC 1700 1984 Constructed in 1902, this is the second house occupied by Charles T. Tigard, the second son of Tigard's namesake. Charles established the area's first general store and was i involved in other commercial activities. i 5 Tigard Farmhouse and Windmill Zone: R-12(14D) 10525 SW Tigard St. 1S1 31DD 100/101 1986 a s Built in 1900's, the house is significant due to its association with the Cowgill family. Hal Cowgill, who purchased the property in 1936, was a long-time employee of Exhibit B - Page 31 Pacific Power and Light. The residence is one of the few bungalow farmhouses with a water tower still intact. 6 Joy Theater Zone: C-G (HD) 11959 SW Pacific Hwy. 1S1 35DD 2700 1986 Constructed in 1939, the theater building is significant as an example of the Art Deco/Moderne Style. Substantial exterior alteration, approved by the City, occurred -in 1992. The basic massing and style of the building was preserved and enhanced by the alterations. 7 Tigard Grange # 148 Zone: C-G (HD) 13770 SW Pacific Hwy. 2S1 3DD 600 1986 In continuous use since 1925, the building is an important landmark because it is representative of the efforts of early grange members, including Wilson Tigard. 8 Seven Gables Upshaw House Zone: R-3.5 (HD) 9890 SW Peppertree Lane 2S1 11CA 15400 1986 The residence is significant in its association with the Upshaw family since 1909, when the Rev. William Loomis Upshaw retired to the house after serving as the minister of a north Portland church and became involved with the production and marketing of apples. 9 Gaarde House Zone: R-4.5 (HD) 11333 Gaarde Rd. 2S1 3DC 1700 1991 The house was built in 1922 by Hans Gaarde, the son of John Gaarde, who established a blacksmith shop in 1893 across the road from Charles Tigard's store. The house is one of the few remaining examples of the bungalow style with Craftsman detail. Its significance rests primarily on.its association as a landmark of the Gaarde family's early presence in Tigard. *10 Shaver-Bilyeu House Zone: R-4.5 N 16445 SW 92nd Avenue 2S1 14AB 1300 *1993 N Constructed in 1906, the Shaver-Bilyeu House is the best surviving vernacular Queen Anne Cottage farm residence in the Durham community of Tigard. It is significant culturally due a to its association with the Shaver family, who contribution to the formation of the local school district, and to its later association with J.C. Bilyeu, first postmaster of Tigard. Indicates Listed on the National but not the Local Registry. w fonitation System ~ 91 IgNW M1•FiY~~ ,w•mM City of Tigard '•P C-0 " 12 Exhibit B • Page 32 HISTORIC ZONING DISTRICTS w R4.5` r 3 Note: Labels 1-10 correspond to the numbering system a a used in the City of Tigard, Designated Historical Sites Listing. e R•7 rrift W; . na ma n R•12 d R•12 to R- •tp c. owmuer R•4.5 iWNw199 e ~ R .5 (Poi ® .26 w d ~i C-P, fpIU now K. wa fe 0 V 0 M " e C-D C-C ,qo,,_ xm~ 91 3 ~ ~ e s9. I-P Legend C-G Zoning Bo Manes Historic Districts 2 2 R 4. w R4 Tigard Streets tract 'o CBD e, Area of Interest Urban Service Area R.7 cr G R•12 3 € / City of Tigard § R•1 a. tl wwa ~d King City R 6 a~ 2 " w'n ROTE, Ol RefB96 tO6ile6 racopind nationally as Hislolic eistdcl9, but are not w cr r Rv R-12 ,.L ewer m.Gnlred locally. ~ d R-7 9! 7 IPo 0Z R•12 I•P au 9 t R-4,5 a 3,5 ' o" 9 7 Min r y R .5 w R•12 P tPp1 c 9NW ~ xcr. R3.5- R-0S Met I I-L u R'12 u ! , I-H ,M. ,...,,N.»e...» .7 a R- 12 I L RJ.5 R•12 MDt p P01 y d Rao R-3.5 aw alai I-L R ap R7 , Ed 4. v< mow, a R•3.5 R-7 .7 a 3 .t aw G R , R•12 I I R 7 a~x, ~ ~ ~ ~ ~ uuu. o w. Ar win ' R-12 2 , R. ~Gn 5 IG r cr , , 9 v vx uw ` 3 w"ar ~ GD R•25 a ear R't d oac s rol ' •5 w lw, ' CLM1~ R ~ 3 R .5 R•2 h ~ s, R col Hp I:fi9~ Rae 'I~;.,IM1 L D R•12 R-25 R .5 I, Pirv ohiperd Exhibit 6 - Page 33 C cd Q~ 0 Exhibit B - Page 34 Q~ C~ ,loom Exhibit B - Page 35 aoam•. JR7 S~1Cd..'~^i' T ~"1" 8 'tiF~h'4.'~!~ rf.~>~}~i~ tj "Xt':, 1 M • ~ p /y i T~ JAS ~'J~/t~ ~J~ ~ )NO 3,10 o P~~ i ~ t I I I i i i i a a 4 4 Charles F. Tigard House (NO PHOTOGRAPH) The house is not visible from the street. M LEGIBILITY STRIP PN • fuse and Windmill Tigard ~i. s x -v w r~*e Exhibit B -Page 38 ~I I ~I~~ ~ il~ ,~~4~ ~ r i~~ ~ > R-f , i 1"n w 'k 't~~' ~ ~ ~i yid ''i i i ~ i J, 1 W' i ~ yh. ~p,~ .i• ~ I d~G ' " ~3 x~. ~ a f .1~ `fin ~ 1 s $ 1' llt M~~'`~ 1'~ J 11 1..-- 0 1t t~ ,L~ ~4 ~ .1 , ` i ' ~ ~iN~~ `1~~ t i, q Sa s a a 7 c1 a Exhibit B - Page 34 r c QMI) d 0 pM-4 Exhibit B - Page 40 y x C. i 1 t ~ V .k r1 y Exhibit B - Page 41 F~2'7 r i~ x SWIN t orF~':I s. I s ~I II II 1l _y t .a -a meow Exhibit B -Page 42 1 S!ir:S ~:~,y 4 TY ` T' ~ SSit ,}yam ♦ ~ ~ ~Y 1 ,y dt , ytia .~:Y iT~:r} s 4:4 SHINN Exhibit B - Page 43 NE ORDINANCE AMENDMENT TYPE IV APPLICATION CITY OF TIGARD 13125 SW Hall Blvd., Tigard, OR 97223 (503) 639-4171 FAX.• (503) 684-7297 PRE-APP. HELD WITH: GENERAL INFORMATION DATE OF PRE-APP.: Property Address/Location(s): ORSTAFF USE ONLY Tax Map & Tax Lot #(s): Case No.(s): Other Case No.(s): Receipt No.: Site Size(s): Application Accepted By: Property Owner/Deed Holder*(s): Date: Address: Phone: City: r Zip: Date Determined To Be Complete: Applicant*: Comp Plan/Zone Designation: Address: -Q.S/Sr ill` Phone: City: Zip: -7 * When the owner and the applicant are different people, the CIT Area: applicant must be the purchaser of record or a lessee in possession Rev. 11/26/98 i:lcurplnlmasterslzoaa.doc with written authorization from the owner or an agent of the owner with written authorization. The owner(s) must sign this application in the space provided on the back of this form or submit a written authorization with this application. REQUIRED SUBMITTAL ELEMENTS PROPOSAL SUMMARY ✓ Application Elements Submitted: The owners of record of the subject property request a Zone Ordinance Amendment (if applicable) from ❑ Application Form to ❑ Owner's Signature/Written Authorization OR...The applicant requests an amendment to the following sections ❑ Title Transfer Instrument or Deed of the Comprehensive Plan or Community Development Code ❑ Site/Plot Plan (please be specific): 7.4, of copies based on pre-app check list) - - ❑ Site/Plot Plan (reduced 81/:'X 11 ❑ Applicant's Statement of copies based on pre-app check list) ❑ 2 Sets of Pre-Addressed/Pre-Stamped Legal Size Envelopes ❑ Filing Fee $1,415.00 1 Exhibit B - Page 44 List any VARIANCE OR OTHER LAND USE ACTIONS to be considered as part of this application: r4PPL16ANITS: To consider an application complete, you will need to submit ALL of the REQUIRED SUBMITTAL ELEMENTS as described on the front of this application in the "Required Submittal Elements" box. (Detailed Submittal Requirement Information sheets can be obtained, upon requesi, for all types of Land Use Applications.) THE APPLICANT(S) SHALL CERTIFY THAT: • The above request does not violate any deed restrictions that may be attached to or imposed upon the subject propedy- if the app!i.^ation is granted, the applicant will exercise the rights granted in accordance with the terms and subject to all the conditions and limitations of the approval. • All of the above statements and the statements in the plot plan, attachments, and exhibits transmitted herewith, are true; and the applicants so acknowledge that any permit issued, based on this application, may be revoked if it is found that any such statements are false. C The applicant has read the entire contents of the application, including the policies and criteria, and understands the requirements for approving or denying the application. SIGNATURES of each owner of the subject property. DATED this day of /F~- y~'J Owner's Signature ignature' Owner's Signature Owner's Signature 2 M 13211111111011=11 Exhibit B - Page 45 PROPOSED CODE AMENDMENT Proposal This proposed amendment is intended to increase opportunities for viable usage of designated landmark structures and improve their chances for continued maintenance and protection as historic resources. In effect, this amendment would allow for certain uses to be allowed on such properties, but only as a conditional use after proper notification and public hearing. Background Information The City of Tigard records indicate that there are 10 properties within the City with a Historic designation. These records also note that all such sites may or may not have the appropriate zoning designation. 18.390.060.6- Decision making considerations 1. The Statewide Planning Goals and Guidelines The following Goals are deemed to be applicable to this proposal: Goal 1- Citizen Involvement Comment: The applicant has conducted a public meeting concerning this proposal with written notice going to all owners of property with a historic designation. The list of owners was compiled from the City's records of such properties. The mailing list and minutes of the meeting are part of this application. Goal 2-Land use Planning Comment: This application is making use of established procedures that have been adopted by the City for considering amendments to its Zoning code. Goal 5-Open Spaces, Scenic and historic areas..... Comment: The proposed amendment will provide another tool for keeping and maintaining sites with a significant historic structure. Goal 5- Housing Comment: Approval of the proposed amendments will not jeopardize the housing goals of the City. The proposal does not affect densities or buildable lands. It does, however, provide for an economic incentive for the maintenance of structures of historic significance. The conditional use procedure, coupled with the proposed development guidelines, can assure minimal impacts on adjoining land uses. Exhibit B - Page 46 Code Amendment Historic Designation 2. Any federal or state statutes or regulations Comment: Standards for Historic preservation Projects, a publication of the Technical Preservation Services Division of the US Department of Interior deals mainly with exterior and/or architectural changes to a building that could alter those features that make qualify the structure as historic. Little, if any, attention is paid to the use of the structure itself. The adoption of the proposed amendments does not appear to create conflicts with either state or federal regulations governing the use of historic buildings. 3. Any Metro regulations Comment: There are no known METRO regulations currently in effect that would have a bearing on this proposal. 4. Any applicable Comprehensive Plan policies Comment: The following Comprehensive Plan policies are deemed applicable to this proposal: Policy 3.7.1 states that the City shall, amongst other things, promote the preservation and protection of historically and significant structures within the City. By providing options within the Development Code for the ability to conduct for certain land uses on historically designated properties, when the revenue from such uses is earmarked for improvements to the historic structure, the city assures retention of these structures and forestalls redevelopment pressures for that property. Where the implementation strategy indicates that a program should be established to renovate certain historic structures could be used as public purposes such as museums or cultural centers, ie Durham School and the John Tigard home, there needs to be additional incentives for private property owner to generate funds to be used in restoration and maintenance of other historically significant structures. 5. Any applicable provisions of the City's implementing ordinances Comment: The City's Development code sets forth the procedure consideration of Text amendments. This request is following the established procedure beginning with the pre-application conference, neighborhood meeting and the filing of this application. -pagc2- ' Exhibit B - Page 41 Code Amendment Historic Designation 18.740 Historic Overlay A new section is added: Conditional uses: Notwithstanding the provisions of the underlying zone, the following uses may be permitted on sites with an Historic overlay zone if approved by the Hearings Officer subject to the approval criteria of Section 18.330.030.A and 18.330.030.B. 1. Weddings and receptions A. restrictions: No amplified music No activities after 9:00 PM 2. Bed and Breakfast facility A. Restrictions Limit of 5 guest rooms On-site parking one space per room i -I i -page3- L BEDSAUL/VINCENT CONSULTING Exhibit6-Page48 825 NE 20TH AVENUE, SUITE 300 PORTLAND, OR 97232 503.230.2149(FAX) 503^230.21 19(OFFICE) FACSIMILE TRANSMITTAL SHEET TO: FROM: JULIA. J-IAJDUK BRUCE VJNCENT PAS NUDGER DATE- 684-7297 MAY 9, 2000 COMPANY: TOTAL NO. OF PAGES INCLUDING COVER: MY OF TIGARD 6 PHONE NUMBER: SENDER'S REFERENCE NUMBER: 639-4171 RE: YOUR RFFT•.RENCV.. NUMBER- Re. ;ponce to your 4/4/00 Letter to Spencer Vail-QueIlo Residence 0 URGENT Q FOR REVIEW Q PLEASE COMMENT Q PLEASE REPLY Q PLEASE RECYCLE NOTES/COMMENTS: 825 NF_ 20TH AVENUE, SUITE 300 - PORTLAND, OR 97232 PHONE. 503.230.2119 - PAY: 503.230.2149 i~i•,~ E,ri~ n,`, ~Cr~ ratl~rr._,r~~~ 1r~3:~ratn inH_,a3;3 ~s:~~i Cu.uJ,^-r,~~-.~:r.~•~ Exhibit B - Page 47~% BEDSAUL/VINCENT CONSULTING, LLC 825 NE.20'H AVE., SUITE 300 PORTLAND, OR 91232 OFFICE (503) 230-2119 FAX (503) 230-2149 May 3,2000 Julia Hajduk, Associate Planner City of Tigard Planning Dept. 13125 ' .)'W Hall Blvd. Tigard, OR 97223 Re: Response to Issues Raised in a 4/4/00 Letter to Spencer Vail-Requested Zoning Ordinance to Historic Overlay Zone-Quello Residence. (16445 SW 92n°) Dear Julia Hajduk, As you know, Spencer Vail is an associate of mind, and he asked me to take over the above- mentioned project for him. The most pressing matter at hand is responding to your 4/4/00 letter. In that letter you requested more supporting information for the above-mentioned request. The following is a summary of those issues, as I understand them: 1. Why the requested zone change is in the best interest of the City of Tigard, and how the requested zone change would serve more than just those individuals owning historic overlay zoned properties within Tigard. 2. An expanded discussion on how the proposed uses would be compatible with surrounding uses. 3. A discussion of revenue generation from the list of proposed uses, and how that revenue will help maintain the historic residences. 4. A clarification on potential noise generating uses during wedding ceremonies and receptions. 5. Proposed parking requirements for bed and breakfast/wedding ceremony-reception uses. I will respond to the above-mentioned issues in the following paragraphs. 1. Why the requested zone change is in the best interest of the City of Tigard, and how the requested zone change would serve more than just those individuals owning historic overlay zoned properties within Tigard. If this zone change request is approved, it will permit bed and breakfast and wedding ceremony/reception uses that are unique alternatives to weddings in churches and overnight stays in motels. Local citizens of Tigard cannot offer out-of town guest a unique alternative to a stay in a modern motel. Local citizens of Tigard do have a unique alternative location to an inside church wedding and reception for their sons and daughters. If Tigard had both these uses, local citizens would not have to look elsewhere for the essential ingredient to a memorable stay or once in a lifetime wedding; a memorable location. A memorable experience in Tigard will be remembered and talked about by those that experienced it, and bring them back for another stay or another wedding. If unique bed and breakfast lodgings and wedding spots are BedsauI/Vincent CnnsuIiing, L L C J 67 1.- 11:_:7 ,_It~ !![1~114d1C1' 1N~:talii 111F1' 73,3 :QL 111 D 0.7. -60-; UW v Exhibit B - Page 50 • not present in Tigard, local residents will find alternate locations in Portland and Washington County. Therefore, their money will not be spent in stores, restaurants and other businesses during their stay in Tigard. Permitting historic residences to provide unique types of uses benefits the entire community, but keeping revenue-generating and tax-paying uses within the City, and by offering a unique and memorable alternative that is not present within the City. 2. The compatibility of the proposed uses with the surrounding residential uses. In most cases, the historic residences within Tigard are located in residential zones. As a rule, residential zones allow a variety of uses under prescribed conditions. (e.g. Conditional Uses) Such things as churches, group homes, residential care facilities are allowed via a conditional REM use. Conditional uses require substantiation that use is compatible with surrounding residential uses, and limits are generally placed on such things as hours of operation, off-street parking, screening, buffering and the like. Therefore, the proposed wedding receptionlbed and breakfast uses will be compatible with surrounding residential uses, via application of Tigard's Conditional Use process, and establishing site-specific conditions of approval to regulate that use. 3. A discussion of revenue generation from the list of proposed uses, and how that revenue will help maintain the historic residences. The historic residences proposed for inclusion into this zone amendment process are all unique structures built from high quality materials. Historic properties within Tigard contain older residences that are examples of architectural styles that have long since vanished from the City. Those dwellings are generally large, and are aging; therefore, they require more maintenance than a typical single family home. Furthermore, it costs more to repair, refurbish and remodel historic residences, because it costs more to purchase quality materials to match existing architectural detailing, and it costs more for skilled contractors to do historic restoration work. Additionally, some historic residences are on large lots with mature landscapes and large lawn and shrub bed areas. Large landscaped areas require professional landscape maintenance to keep the grounds in perfect shape for bed and breakfast clientele and wedding receptions. The revenue from bed and breakfasts and residences could help defray the costs of upkeep and repair, and allow the homeowners to conduct a profitable business on the historic sites. if these historic homeowners are allowed to defray the cost of upkeep, all residences of Tigard benefit, not just those owing those properties. Historic residences area reminder of what Tigard used to be; a farming community far from the outskirts of Portland. They are located in the community for all residences to see, and they provide the community with a view into the past. The benefit to the community is knowing that the historic residences will not fall into disrepair, because a portion of the profits from the business will go into upkeep and maintenance. The upkeep and maintenance will not just be for appearance sake, because the structures will house a business, not just a residence. Without a high degree of upkeep and maintenance, the business will not survive. If the business goes away, these structures could become run down, and then tom down to make way for a new home, or a new in-fill subdivision. 4. A clarification on potential noise generating uses during wedding ceremonies and receptions. N 1 have discussed the noise issue with my client, Dan Quello, and he has agreed not to have loud 4 amplified music after the wedding ceremony, and as part of the wedding reception. The former A noise complaints stemmed from a hired disc jockey that played recorded music at loud levels, and not from any amplified voices or music as part of the wedding ceremony. The amplified voices or music as part of the wedding ceremony can be kept at a reasonable volume level that will comply with City of Tigard's Municipal Code as it applies to noise ordinances. The Conditional Use process can regulate and limit noise-generating uses via conditions of approval. As an example, the Conditional Use section of Tigard's Zoning Code already limits drive-up Bcdsaul/Vincent Consulting. LLC ~lt'd rfiil lt'~~ ~Ih 141111-1'_d4!.Ia It 43_It 41~i 11-IH'=.(]38 8--:01 1111111-611 -.'J1.1 !it 1~1 Exhibit B - Page 51 Window mmunications sound to a measurement of 55 decibels at the adjoining prcpecty line(s) e. !`urtttc:mlotne, Mr. G~uello has agreed to allow Matthew Scheidegger, Code e Specialist, to randomly monitor noise levels for compliance with the City's noise Therefore, future use of the subject alts for outdoor wedding oenemonies and should not cause significant noise Impacts on adjacent neighbors. a. Proposed parking requirements for bed and breakfast/wedding caremony-reception uses. In his Zone Amendment application, Spencer Vail has already suggested a parking ratio of one space/room for a bed and breakfast facility. (See proposed Code Amendment application) Outdoor wedding and receptions are an activity that may occur a maximum of 12-15 times from May-September, therefore they are an intermittent, seasonal site use that should not be required to provide a constant number of parking spaces at all times. As applied to historic residences, single family residential use is still the primary use in the R-4.5 zone, and the wedding use in secondary to the primary use. Many 'wedding houses" provide a valet parking service and rent space on an adjacent parking facility. Additionally, an on-site valet can park guest vehicles in a stacked parking arrangement, rather than a typical parking lot arrangement. Based on the above-mentioned information, i think 10-12 on-site stacked parking spaces should be provided on-site, will a verifiable lease/rent agreement with an adjacent landowner to provide 50-60 spaces on as-needed basis. Typically, wedding and receptions are on the weekend, therefore schools, churches, (on Saturdays only), and 9-5 business parking lots could be used for the weeding use. Please review this letter and call me if you have any questions. Please let me know as soon as possible when you can schedule a hearing before the Planning Commission. Sincerely, V L~KY~V~ Bruce Vincent, President BedsaulN3ncent Consulting, LLC Redsaul/Vincent Consulting, LLC VIC, d F_,t• i ~ 0127, ill N I i -1i e_,Ni 0 itODN I _I IH C3 9 8S : 13 T t~C~Cl -r ~3-J,C4J Ill Fill Exhibit B - Page 52 June 7, (999 Dear Matthew, At a June 3rd meeting at Tigard City Hall, Planning Manager, Dick Bewersdorf and property owner Dan Quello addressed the following concerns: 1) The Quellos have agreed to not book any future outdoor weddings until such time as a hearing can be held to review current zoning laws and "Conditional use Permits" as they might apply to Nationally Designated Historic Properties in residential neighborhoods. 2) The Quellos will honor their obligation to those couples who made their booking prior to June 3, 1999. 3) At those events, sound levels will be randomly monitored by Matthew Scheidegger, City of Tigard Code Compliance Specialist, to ensure that they do not exceed the noise ordinances of 50 decibels during the day and 40 decibels at night. As a further gesture of good will, the Quellos will ask that any music end by 9:00 PM (one hour earlier than the ordinance allows) 4) At the time of a specially called land use hearing, (TBA) opportunity for both proponents and opponents to voice their concerns and vested interests will be given. A final riling will rest with the City of Tigard Planning Division. H cn We are anxious to work: with the city and our neighbors in resolving this matter. H d Sincerely, c~ W a Rev. Dan Quello NIl~I'I'SNI I_i 1FJ~_iNifi 11-IH' ~Q33 r',~:OT 1_lt_1t,-rd_l-.'.HIJ g7'd 6bi~ tl'~ '~tls IBM Exhibit B - Page 53 Code Amendment Historic Designation 18.740 Historic Overlay A new section is added: Conditional uses: Notwithstanding the provisions of the underlying zone, the following uses may be permitted on sites with an Historic overlay zone if approved by the Hearings Officer subject to the approval criteria of Section 18.330.030.A and 18.330.030.B. 1. Weddings and receptions A. restrictions: No amplified music No activities after 9:00 PM 2. Bed and Breakfast facility A. Restrictions Limit of 5 guest rooms On-site parking one space per room -page3- IDID ' .A Fri 027. mit=ts N 11-U" SNID j lh43 _?N I i 1 ~1 IH'S I3,3 r : t_l I t~i7t_l, -r,i7-.lHl•J OWNS mill 0 Exhibit B - Page A BEDSAUL/VINCENT CONSULTING, LLC 825 NE 20TH AVENUE, SUITE 300 PORTLAND, OR 97232 503.230.2149(FAX) 503-230-2119(OFFICE) FACSIMILE TRANSMITTAL SHEET TO: FROM: JULIA HAJDUK BRUCE VINCENT PAX NUMBEK. DATE: 684-7297 MAY 10, 2000 COMPANY. TOTAL NO. OF PAGES INCLUDING COVER CITY OF TIGARD 11 PHONE NUMBER: SENDER'S REFERENCE NU*18R. 639-4171 RE; YOUR REFERENCE NUMB-P- Letters of Support for the wedding/wedding reception use at the Quello residence [l URGENT FOR REVIEW ~ PLEASE COI`iMLNT a PLEASE REPLY ~ PLEASE RECYCLE NOTES/Ct~2SMF.NTS: Julia: My climt gsve me these support letters, and now that I have responded to your 4/4/00 letter, I would like them ente:ted into the case 51e record. I talked with try clients and they would very much like to be on the 7/3/00 Planning Commission hearing schedule if at all possible. I J i i 825 NL• 20TH AVENUE, SUITE 300 - PORTLAND, OR 97232 YFiONL': 503.230.2119 • FA%, 503.230.2149 C!1111I'_,tJiI"j 143-tJ1it 11IH' -133 rt]: 1 t~~ah-rtl-.~kilJ I t_l ~ Exhibit B - Page 55 10/24/99 To Whom It May Concern: Dear Sirs: We have been immediate next door neighbors to Dan and Jackque Quelio for the past nine years. They have been wonderful neighbors. We saw the house just before they moved to it and it was a shambles. They have patiently and lovingly restored the house and the property adding value to all of the houses around it. We really appreciate what they have done and so should all of Tigard since they have saved an historical landmark. The past two years they have been having weddings on their property. These weddings have not been any bother to us. We think they should be allowed to continue the weddings. Sincerely. 64'-,7~ A Dan & Candi Mitchell 16585 SW 92nd Ave Tionni fl~oon„ 077'7.4 -,).,j r_PL° 0,-:7 '_0S IJIl-11"I'=dlL'I 1N3~NIi1 111y=Q33 OT :,;I 000~-C-O- s Exhibit B -Page 56 er, Ale pQ ✓y-r-t L QwvL L~1't ~J et4~ `77 ~/i~ ~ _ 6 Gam? I /1~~.'Y~✓~'" j ~ ' 7 /~+-ate /1 L'~~L~~~~/J !/Y`•`-~ G L,"~Y /9,f )I-, 1 ~ ~ Z• ~t..9 is ,s~,,..~~', (,~_E-L->r'T ~1~~-✓ ' 9 G !y 't~L~.i' ~ ~~-l ~ +G/Y' "'C r%Gr'~ 7 t J ~ fri~~ c~ .'J rJ en'+ C7 a : •Z3ti i nlt:i~-ht;t-•` r{Ld OT • 1111-U"1'=t1i11 1t13:itJ]i~ llll!'=1~3 F,CI ~ lt_. _l1~ D3 d Exhibit B - Page 51 Xj 1 ~ I n N 2) t-tl rt'IC tl'_^ Ih tJ1111I'_IJIl:! 11J3:~JIit 11I!~'o'133 Ii:~i tllltl r:Ci-.'Hld Exhibit B - Page 58 i f-j ~,v".4 I've •~t , ~ .a J. __s1 (.n /1 t 3'~.1~1. _t 1--. _ a 1 , ~ 1' Ltr t. • L~ c.L: a_ • u ~ L ~ o , a~ot: v - ! r~ v... I. 1 t `f v L r -711 C LPL L { C l~ ?T41L Exhibit B - Page 59 4C4y - r (J~~i r A CIE 0 t ~ mums N !y LL LT. C'd ti ry Cvg}tAih►~1~1b'7l~ AI, _ w ; f' LLJ w mot ~~Z~, x a~ 'Ilk r 1 f' ~ Macke ~tc,picr / M4 ! ayu4 Sur Macke (1987-1914) / cliche ,,riuthck Lcutc. dic rich hegCYAC11 / Rrrtrurrlrrs ! liNrnuniPr loco+rtrr r I)tl~ ~tLon~biinchcn 19reuif - fr:tnce / ¢ 30,2 s 45,3 cm / if \G1S2S.1~ditelurs~l ill n N0U~TLLES aCfscc print~cS in F'ractcc Exhibit B - Page 61 &f g/r ecra~d~~ z1t7 P VA pv~ rv j", tSQ~- ~tl ' d 5b I? tl'~,^ ~I 1411-11-1`441:0 1N3 =t1 J I ft -111US(13,3 2 I : S T tlQil?-r ll-.lH4J . Exhibit B - Page 62 k9 - u owe ~p ~ n~ a~ AYA ~e Q Lam' •e-8 t7o,d 6bI~ IILC. 13a W ill3SNOJ iN3DNI(i -11-1HSQ32 bi :Si OCICI?-613-MW . • 1 r.~w oFatccs EJ 63 ENN1*R & SLoCK WAS.O.aron OrtICC & "ItTMERSnlp IACLYOINO VROFCl$IONAL COOPORATICKS T OPPICC TW/MTCCWTM X"CCT, M.W. ercn • eu.re leoo Bourn ONE IBM PLAZA 1L e004/ WAOUINCTOW. O.C. tooos CHICAGO, ILLINOIS 60611-7602 .Y£o0 (AOZI eao-eooo 010 FAa (toll eaa-eoae rAA (31L') 222->a~50 (912) 5.27-0484 FAX Malt_E H. SOLI! Wane'! olaccr MAL; (31 El 023.2067 Wwrm S Ommr r": (3 1 21 840,7367 tMTERNEr AooRmS: m 0s®iemer.wn August 30, 1999 Quello House 16445 SW 92nd Ave. Tigard, OR 97224 Dear Pastor and Mrs. Quello: My f anc6, Robert Greenlee, and I stopped in on August 6th, 1999 and discussed the possibility of holding our wedding ceremony and reception at your house early next fall (2000). We understand that, because of the pending zoning license, you are unable to make reservations for next year at this time. I wanted to write because my fianc6 and I were so impressed by your house and the wedding services that you offer. We looked at many different places during the week we were there, and none of them had the personal and friendly feeling we got when we visited your home. My fianc6 and i hope to get.rnarried next September, preferably during the Labor Day weekend. However, we have not made any reservations anywhere because we would like to wait to see the outcome of your zoning application. While we understand that you cannot hold any dates for anyone, we would be extremely grateful if you would be willing to contact my mother, who lives in Tigard, when you hear the Board's decision. - My mother, Donna Yount, can be reached at (503) 590-7773. Since I live in Chicago, any call to me would be long distance, but in the event that you need to reach me, my home number is (773) 868-4362 and my work number is (312) 923-2967- Until then, we will wait vcrith our fingers crossed that your application goes through without a hitch- Thanks very much for your assistance. Sincerely, / Sll'd 6t Lc'. ll ~t~~ hJI1~1IS~JCI.~ 1N3=fiJI(i 111 Q~,3 bi :'-T G1~lC1Z-Edl-J,~J4J PUBLIC TESTIMONY ~~b I L RECEIVED PLANNING -T~ 7J Jq_) D~-)j AUG 0 8 2000 To: Tigard City Council 7 August 2000 CITY OF TIGARD From: Lawrence Galizio & Elisa Engbretson 16455 SW 93`d Ave. Tigard, OR 97224 Re: File # 2000-00001 - Quello request for amendment to Community Development Code Members of the City Council: We sincerely regret that we are unable to attend the August 22, 2000 hearing regarding Dan Quello's request to conditionally allow weddings and bed & breakfasts in historic overlay zones because the decision will have an immediate and significant impact on our quality of life as Tigard residents as our property abuts the backyard of the Quello property. Let me be perfectly clear: we vehemently oppose this request both for the specific impacts it will have on our residential community, and for the more general precedent it sets within the larger city of Tigard. Although we cannot be present for the August 22"d hearing, we ask that you take special notice of those speaking and/or writing on behalf of this proposal. You will notice one very important commonality that these people share: NONE are geographically-immediate neighbors of the Quello property. In other words, their testimony is easy (and of questionable credibility) since their daily lives, quality of life, and property values will not suffer should this amendment pass. We do not have the luxury of maintaining a merely philosophical stance. We will have to suffer the repercussions of your decision. For this reason, when making this decision, we respectfully ask you to place yourselves in the shoes of the property owners, residents, and community members that LIVE right next door to the Quello property and all such historic overlay zones. Please think about what it means to involuntarily lose the ability to sit out on the deck during the warm summer evenings in the Tigard home you bought specifically for its measure of peace and tranquility. So that we might reduce the length of this letter, we will attempt to merely list the primary reasons why we fervently oppose this amendment to the code: 1. NOISE. The Quello's talk about "quiet garden weddings" yet our neighbors' testimony will unmask this consultant-created euphemistic phrase for what it is. A realistic assessment of the situation necessitates the observance of the echo-effect of the ravine that exists in between the Quello properties and those of us living on SW 93`d. Sound is magnified to such a degree by this ravine, that we can hear the Quello's sons' every word when they're in the backyard playing croquet. Elimination of a disc jockey at weddings will reduce the noise but will come nowhere near keeping it at acceptable levels for this residential area. Laughter and talking of only 5 people is enough of a nuisance in that backyard, let alone 50 or 75. 2. CAVEAT EMPTOR & PROPERTY VALUE. Along with our neighbors, when we purchased this $175,000 home on this cul-de-sac in Tigard we did so expressly for its relative suburban tranquility. When making this biggest investment of our lives, we had full knowledge of the sounds that would emanate from Cook Park and Tigard High School. As an educator and an oncology nurse we value our privacy and quiet, but we also support the schools and parks as necessary and desirable places for the community. However, residential property investors should not have to anticipate the commercialization and commodification of a neighboring residence AFTER they have made such a significant investment. In short, your decision will illustrate whether or not the Council supports the rights of property-owners and individual investors and the responsibilities of neighbors in a residential community. 3. REASONABLE EXPECTATION OF PRIVACY. Contrary to the carefully-edited videotape that Mr. Quello and his hired consultant aired at the Planning Commission Meeting, the Quello backyard looks right into our backyard and deck area negating our reasonable expectation of privacy. When the Quello's held weddings in violation of the City Code, we were subjected to wedding guests parading across their property and staring into ours. We invite any and all of the Council members to visit our property in order to witness firsthand what we are talking about. We ask that you support our reasonable expectation of privacy and decline this amendment. t""""..... r 4. THE QUELLO RECORD ISN'T NEIGHBORLY. Mr. Quello claims that he is doing this as a "public service to the community", but the historical record illustrates someone primarily concerned with personal finances and with blatant disregard for his neighbors. Lest you think this is hyperbole, please ask my neighbors the Smiths and the Manghellis to recount what has taken place the past few years. Mr. Quello's response to noise complaints from his neighbors was to continue to illegally hold weddings almost every weekend. It was only after he contacted the City and found out that a public hearing was necessary that he decided to invite us to his house to discuss the matter. Mr. Quello has threatened us with the claim that he would "have to lease out his property to develop an apartment building on his property" if we failed to consent to his scheme to commercialize this residential area. Now he has hired a consultant (after legitimizing his illegal wedding activities by references to the need to send his sons to college), spent countless hours contacting the Chamber of Commerce, far-flung "neighbors", and constructed a carefully edited videotape that would make Edward Bemays blush. In sum, Mr. Quello's behavior is anything but neighborly. Our apologies for the length of this letter but the very quality of our lives are at stake. As a college professor at PCC Sylvania, and an oncology nurse at Providence Hospital, we recognize the need for compromise and for service to the community. However, we also recognize the need for a measure of peace and tranquility in a residential area. We are not wealthy and our home represents by far our largest financial investment as well as a place that we do a great deal of reading and research for our jobs. We love our home and the neighborhood and we would hate to have to move because our quiet residential neighborhood was turned into a commercial area for parties and transient "guests". Please think about how you would feel if your immediate neighbor was requesting to hold weddings and/or opening up a commercial i3&3 in your own backyard. The summer is short enough for those of us in the Northwest, consider what it would be like if you couldn't enjoy your own backyard and deck because a "neighbor" decided to hold large parties 6-12 times during the summer. Please vote FOR Tigard residents and the community and AGAINST the commodification of suburban neighborhoods. Sincerely, Lawrence Galizio Elisa Engbretson 16455 SW 93' Ave. Tigard, OR 97224 639-9276 August 8, 2000 Tigard City Council RECEIVED C.O.T. 13125 SW Hall Blvd. AU6 11 2000 Tigard, OR 97223 RE: Quello House Administration Dear Sirs: It has been my pleasure to have been acquainted with the Quello family for about 10 years. During that time I have been a guest in their home for several private affairs as well as a wedding reception. The Quello House sits on 2 plus acres of beautifully landscaped property, is itself a handsomely restored Victorian farmhouse, is on the National Histori- cal Registry, and has been awarded "The Great American Home Award." It is unique and irreplaceable to the city of Tigard. Situated on 92nd Avenue, the road to Cook Park, and across the street from the Tigard High School Athletic Field, the neighborhood has been sub- jected to the congestion of the balloon festival and now a carnival and, of course, ball games and musical festivals with accompanying lights and noise. These are happy events, but do create some confusion as a natural result. I understand there has been some complaint about the sound from the outdoor weddings, and some of those people wish to deny the Quellos any business activities on their property. Having attended a wedding and reception on the grounds of the Quello's home, I feel qualified in saying it was in the best of taste and certainly would not compare in disturbance to the neighborhood with any of the above mentioned events. The Quellos have indicated a desire to use their home as a Bed and Breakfast. I would feel very happy to recommend it to any out-of=town visitor with the enchantment of the home and the charm of the hosts. There is no reason why a Bed and Breakfast should in any way be a disturbance to the neighborhood. I would implore you to make no decision on allowing these activities until you have toured the home and grounds with the Quellos. Sincerely, Barbara C. Smith 16919 Lakeridge Drive Lake Oswego, OR 97034 (503) 636-8937 RECEIVED C.O.T. AU G 11 2000 Administration 40 li'~~ / Old Pa' fTr^ 7; OW-n,e /Z4 fir? c, Oooo'ne S 7~D. re c®w ` h I't cir 4~e, jouc/ Aej it,-- ~ZZ~ 5-uti A~~'YL ED C -O'T' pUG 11 200 A~r^lnlstcaC~on vvl~ 19- a RECEIVED C.O.T. AUG 11 2000 Administration July 13, 2000 City of Tigard Planing Commission Attn.: Julia To Whom It May Concern, As Center Supervisor of the historic Jenkins Estate in Aloha and Fanno Farmhouse in Beaverton, I am writing to you regarding the proposed usage of the Quell,House. The west side of Portland is in desperate need of wedding/garden party facilities during the summer months. Our facilities are booked a year in advance and there are no options for such a site if our locations are unavailable. It is foolish to send the community to the other side of town so that they can wed in a garden setting. In addition, the value of restoring and utilizing a historic facility is significant when you consider how few historic places are available to the public in any manner. An opportunity to visit the Quello House as a guest is a chance to step back in time and appreciate an era we no longer comprehend. My family and I are also neighbors who live three houses from the Quello's. I cannot imagine what concerns there would be by allowing these types of events to take place in their home and on their grounds. Parking is a nonissue as there is more than ample space available to them across the street. Noise ordinances are in place that would preclude them from being a disturbance as well as the self-imposed limitations they're offering. I would like to go on record as supportive of their venture and also applaud their desire to serve the public in such a desirable manner. Due to a lack of funding, much of the preservation and restoration of historic facilities has fallen to private individuals. This can be very costly and time consuming. 1 admire their willingness to share their residence after doing so much to see that the residence was returned to its original elegance. Sincer y, 6~ Debbie D. Scho 9023 SW Waverly Drive Tigard, OR 97224 RECEIVED C.O.T. AUG 11 2000 Administration 10/24/99 To Whom It May Concern: Dear Sirs: We have been immediate next door neighbors to Dan and 3ackque Quello for the past nine years. They have been wonderful neighbors. We saw the house just before they moved to it and it was a shambles. They have patiently and lovingly restored the house and the property adding value to all of the houses around it. We really appreciate what they have done and so should all of Tigard since they have saved an historical landmark. The past two years they have been having weddings on their property. These weddings have not been any bother to us. We think they should be allowed to continue the weddings. incerely. Dan & Candi Mitchell 16585 SW 92' Ave TitrarA nrPOnn 07')71 SRI lilli~~ RECEIVED C.®.T. Date AUG 11 2000 Neighborhood Petition Administration to the City of Tigard Planning Division By my signature below, I whole heartedly support the efforts of "The Quello House" to use their Nationally designated historic property as the setting for garden weddings, luncheons, teas, and as a Bed E'r Breakfast facility. Name Address Phone Izi, o f z, S SW VM V rb6C- k S-) o g 1 13UgZ .Sid cash iPy ~§Ica Olbah MtrOj "61C- 9-722q 1~d"a4 ST CA 36i 54 -JW 2- (o3b :5 -W F tfZ 6A , -7 3,a 3 &-Pb a7 t:yy gaa.3 sty ~tJ'e,~rty G2 °i`7Z2s~-. 3) (n$ P-- 385 T ene.+rl C'Crri'e✓ "4-ct-k r~ ACS s-~t i ►~or e ~C~C~ I ► l-i cacc_c~+ act+-e tx!ckc)L ~rili e Sc~U -C 10115 L.=WMIIIIIIIII~~ MWEENSIMM Date Neighborhood Petition to the City of 1-igard Planning Division By my signature below, I whole heartedly support the efforts of "t"he Quello House" to use their Nationally designated historic property as the setting for garden weddings, luncheons, teas, and as a Bed Er Breakfast facility. Name Address Phone ?Mb -zSO-A486TJ p.C>( onX 76,.;t- G Z cam-- q+rz a Z S 6'p P4{_,o ,J w Ke~~%o ~Lrfrg~-D / ~ ~ .z S' ~54~ Tae z r 12,0 / l i4 t ` i9z ~ c~~f E-~f,. ✓ o &'0 21 qb ~ i ~A. IMMISM ' Neighborhood Petition Date to the city of Tigard Planning Division By my signature below, I whole heartedly support the efforts of "The Quello House" to use their [Nationally designated historic property as the setting for garden weddings, luncheons, teas, and as a Bed Far Breakfast facility. Name Address Phone F 40 ra see ® O up M y e SW -9 6 SS I-- i r - Date ~Jj-~4920 Neighborhood Petition to the City of Tigard Planning Division By my signature below, I whole heartedly support the efforts of "The Quello House" to use their Nationally designated historic property as the - setting for garden weddings, luncheons, teas, and as a Bed Fx Breakfast facility. Name Address Phone 6W 5eirWa. Ot- J t OP, UaQ4 6P0-6165 ~S O'Mo- Ok 0 -7- CII-TZ-9 12 Paz. 6~? 0 --6 T el IC q c2 D 1-71 3 sr UK GI-722 t Gam--' i Sq7 5g w J ~?(v SW Mart DV-) 1-7ZZL4 S sw ; 6 veeA%vvc~ c~ 7 a l 036 IIWII!III - s Date Neighborhood Petition to the City of Tigard Planning Division By my signature below, I whole heartedly support the efforts of "The Quello House" to use their Nationally designated historic property as the setting for garden weddings, luncheons, teas, and as a Bed Er Breakfast facility. Name Address Phone ncrcxe-S ~i L01 e. $t~ rre, 11$ 0 Sln/ S'L&mr S03 ~4-77Y3 ,J0A0&)e7 l~~t.cXl O~ gi`700-7 0- ~t~~~~ cr Lo c~~f~5 3 , S c,J , ~n a -'A 67d3 3 Tv ►aL A `7Y1o6g ~r;K ~~s~~~~ Lei 55 five 503 -aqq-tfggf MEN= Date Neighborhood Petition to the City of Tigard Planning Division By my signature below, I whole heartedly support the efforts of "The Quello House" to use their Nationally designated historic property as the setting for garden weddings, luncheons, teas, and as a Bed Er Breakfast facility. Name Address Phone 9.15- S w Z -ass/ 1 S y ao Nna ry (3 91-7 br- It,- f r 9)Zt :PISCV-er 0 rra or- 9- -zLA 900. ae-K 1 W svu ~g and St (070- (49 CO WGULGJ co t o~a~l 9~ ~z Date Neighborhood Petition to the City of T-igard Planning Division By my signature below, Y whole heartedly support the efforts of "The Quello House" to use their Nationally designated historic property as the setting for garden weddings, luncheons, teas, and as a Bed Er Breakfast facility. Name Address Phone Sbc~, d mdpc a 0 -1? 7 g? 2~ ~1 l a✓r "IV? S-W~ I Z"50 I (VI I- > t e Q' As cvn7 ~ sC), I sLj H I+ ':~I 7 - 3.3L P _ ` (bzY-0 60 ("base/o U)eL- qq 5 IN- d,, ~W / Ow OF 7.0 quo 5W --Fj(, 64 ~ ~~~ZA~ 0(zRazz-~ !~T irc - I5?25 -sw n1 1.51l 1 eiv 5 K( Vv GL20 cl `)y Date Neighborhood Petition to the City of Tigard Planning Division By my signature below, I whole heartedly support the efforts of "The Quello House" to use their Nationally designated historic property as the setting for garden weddings, luncheons, teas, and as a Bed Far Breakfast facility. Name Address Phone 'i SW W 1?' i d -e f C rr. -ern3W i n a-e 5-19 X 0 3 h -V arcs , OR . 9-777_3 ial+5 s~ 123rd ct. FcvL 9-72Z9 J i -7 CP 03 ~W -r~~1e roc mvu, J(~(q S~ yc1o~~v~~ (Q. 113/tj S'j 7-gj,-k)06 1ISi5- snr Terrace -,#,04c br Alryson Pal~ar~ i igard , OP- R-1 Z2.3 & a o - 2-2-1,6 Nc/a v SGtif~/Z~v i~ S/b ;~1tiS f~rf ~G txtt~ %1G/~~tr~ 612 , ~1 ~ 2 2 ~ G 2 u 3 3 ~ Date Neighborhood Petition to the City of Tigard Planning Division By my signature below, I whole heartedly support the efforts of "The Quello House" to use their Nationally designated historic property as the setting for garden weddings, luncheons, teas, and as a Bed Lc Breakfast facility. Name Address Phone 115M t eMMU- VIew art ~111e NeRR ~ ~ ~eayer~-a,,o~ ~ t 1 ~ c/pc7 S , ttS C< ~Q y~i~/v }fie r-V'J Gr ~t r C~ (Y YCI d.C~ S I S" t r Sw (xt rc c ll~n~ tea t ~2~1uGVK~ 0y- Ci-'CJU-q- 13 z V ; I t a~.~ Col eti, O< i ;yAf~ o~ ~~zZ~ C y~av~~,'c leer AI VI 24 - ~06VOVA Oil Date Neighborhood Petition to the City of Tigard Planning Division By any signature below, I whole heartedly support the efforts of "t"he Quello House" to use their Nationally designated historic property as the setting for garden weddings, luncheons, teas, and as a Bed Er Breakfast facility. Name Address Phone its -P MOI-/X--S ~Skiytr er Por#ta~ O o -taoa 3c 5A) e C~ZO- 4~ X-cy~ G') o 7 -7 Ens coo 5w-. kkA I I (6 1 vcy4. h z~ ~I!JJ 'fir (/Ol 0 Y• ~7 2 Z 4 j Date Neighborhood petition to the City of Ti,gwr d Plann5in, Division By my signature below, I whole heartedly support the efforts of "The Quello House" to use their Nationally designated historic property as the setting for garden weddings, luncheons, teas, and as a Bed Breakfast facility. Name Address Phone 1~-Ca r vcr 41 2 3- q-,~r A140 X03) AC11711LIJU tit c ~~9ri C~~S l~cc~ Yid n va-9L SLR ~006~~ (1:1 zo - ~~L71 VA -nk tt5 I L,; 'r /J 7Z MEN= wm~ Date Neighborhood Petition to the City of Tivard Planning Division By my signature below, I whole heartedly support the efforts of "The Quello House" to use their Nationally designated historic property as the setting for garden weddings, luncheons, teas, and as a Bed ET Breakfast facility. Name Address Phone 133q~ i~u SI, b ~ ►b 5b VLOI L ~ / C7 4 Ms. D M Walsh 7823 SW Toamament ct c ( p~~~ Wbonvft OR 970700,451 visit us at www.peta-online.org r Z t 3QS, Sw TIAO-Ac-55PI7 , f2 X/ ?0~ Date Neighborhood Petition to the pity of I-igard Planning Division 3y my signature below, I whole heartedly support the efforts of "The Q,uello House" to use their Nationally designated historic property as the setting for garden weddings, luncheons, teas, and as a Bed fx Breakfast facility. Name Address Phone A7 te q-7 3-dy (YL-- 1l C-I "~e (~Jioum- 9-7-ZZ 070 ZeL L~ F rV PSIC\ ,yo s6d `fir . _ q2 Date Neighborhood Petition to the iity of i gard Planning Division By my signature below, I whole heartedly support the efforts of "t"he Quello House" to use their Nationally designated historic property as the setting for garden weddings, luncheons, teas, and as a Bed Er Breakfast facility. Name Address Phone IM ' j6J 40 i vy 1'~~1 lcc,L ;7 _ Date r,_-_-___-_------ Neighborhood Petition to the City of Tigard Planning Division By my signature below, I whole heartedly support the eff=orts of "The Quello House" to use their Nationally designated historic property as the setting for garden weddings, luncheons, teas, and as a Bed Fx Breakfast facility. Name Address Phone 1 1~aex.~ c 04FL vc~ So~+pyyi ~ F o r a rd O 1;'SOL-R-92VSK~ L A91,i M) L,~ ok, )6- U It i O 3~5 SUt) ('oeM 0 vCZ/1 D►' 0'° r5io D-2 MINE Date Neighborhood Petition to the city of Tigard Planning Division By my signature below, I whole heartedly support the efforts of 'The Quello House" to use their Nationally designated historic property as the setting for garden weddings, luncheons, teas, and as a Bed Er Breakfast facility. Name Address Phone -1;2-I Q, s" ~~lo~v lam, 50 3 02 77 2 2 6- 730 2U ?,?35 sw Sell1lowcc Lcvwr 90 3 U4 P 11*aa I d 19? 172-2 ~i l c p -7 3o d- ~ ~ oo 4& 12-- \su+-- 54,b OA (4 C t, Ve (A) 42 I(o (f/ SW ed" A°jC 6 3Cl - 2 q i T c~ C C 1'. 2-7-,q Elm ~2m n1o. CD RECEIVED PLANNING August 17, 2000 AUG 18 2000 Tigard City Council CITY OF TIGARD 13125 SW Hall Boulevard Tigard, Oregon 97224 Dear Tigard City Council: In regard to Zone Ordinance Amendment 2000-00001 allowing the Quello property to be utilized for Weddings and Bed & Breakfast use, I am opposed. I have been at my address since 1986. My property is within yards of the back corner of the Quello property, near the beginning of the ravine. Sound travels easily in this area. I can lay in bed at night and hear the forks hit the dinner plates at the Quello's outdoor parties. After three summers of June - September gatherings, including up to three parties per weekend with pounding dance music, drunken party guest conversation and requests by the Quellos to stop neighboring activities like rototilling at 2:00pm on a Saturday afternoon, it is clear that business and residential use cannot be mixed in this neighborhood. It is unfair to everyone to hold a sacred event where lawn mowing, house washing, rototilling, barking dogs or singing children might inadvertently ruin a religious moment. This neighborhood does not lend itself to a business use of this nature. In addition, this neighborhood already bears its share of busy, noisy, events and transient traffic including: the Tigard Balloon Festival and Fun Center, the Tigard 4th of July Celebration, and the year round Tigard High School field and stadium activities like football, soccer, baseball, band practice, graduation, marathon preparation, tree sales, etc. This neighborhood also provides the only vehicle access to Cook Park and already lives with daily/nightly park access problems like speeding, cruising, parking, noise, garbage and transient traffic. As demand for both the school and park has increased so have the problems. Changing the zoning to encourage a business that adds to these already growing noise, traffic and stranger problems would be ignoring the needs of the people who share thi,4 neighborhood. Any zone change to further stress this sensitive area would undermine the efforts of this neighborhood to remain a secure, family-friendly, residential community. Please do not amend the zoning to allow Weddings and B & B in this residential area. Sincerely, Cheryl Cappelli 16405 SW 93rd Avenue Tigard, Oregon 97224 LM - M AGENDA ITEM No. 7 Date: August 22, 2000 TEO"TIM0 Y IGN® SHEET Please sign on the following page(s) if you wish to testify before City Council on: PUBLIC HEARING (IN FORMATIONAL) FINALIZING FORMATION OF SANITARY SEWER REIMBURSEMENT DISTRICT NO. 14 SW WALNUT STREET AT THE INTERSECTION WITH SW 121ST AVENUE Due to Time Constraints City Council May Impose A Time Limit on Testimony I:%ADM\GREER\CCSIGNUP\PH TESTMNY FINALIZE SAN SEWER DIST.DOC AGENDA ITEM No. 7 PLEASE PRINT Pro onent - S eakin In Favor O onent - S eakin A ainst Neutral Name, Address & Phone No. Name, Addres//s//& Phone No. Name, Address & Phone No. 4~;`Z ~~jppa LEN /7i4~ paG T! De D~ ~C~ f~ ~ Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. 111 L 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. a s I i AGENDA ITEM # FOR AGENDA OF August 22, 2000 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Finalize Formation of Sewer Reimbursement District No. 14 (SW Walnut Street and Tiedeman Avenue) PREPARED BY: G. Berry DEPT HEAD OK CITY MGR OK I ISSUE BEFORE THE COUNCIL Finalize the formation of Reimbursement District No. 14 (at the intersection of SW Walnut Street and Tiedeman Avenue) and approve the cost increase over 10% as an exception in accordance with Tigard Municipal Code (TMC) 13.09.105(2). STAFF RECOMMENDATION Approve, by motion, the formation of Reimbursement District No. 14 as modified by the final City Engineer's Report, including approval of an exception for the cost increase over 10% in accordance with TMC 13.09.105(2). INFORMATION SUMMARY City Council approved the formation of Sewer Reimbursement District No. 14 (at the intersection of SW Walnut Street and Tiedeman Avenue) via Resolution 99-53 on July 13, 1999. The sewer project was to be constructed as part of a City street improvement project at the intersection of SW Walnut Street and Tiedeman Avenue. Through the City's Neighborhood Sewer Extension Program, the City proposed to install sewer laterals to provide sewer service to nineteen lots within the Reimbursement District. The owners would reimburse the City for a fair share of the cost of the public sewer at the time of connection to the sewer. The amount of each owner's fair share of the cost depends upon the size of the owner's lot. In addition, each owner would be required to pay a connection fee of $2,335 before connecting to the line and would be responsible for disconnecting the existing septic system according to County rules and any other plumbing modifications necessary to connect to the public line. Since the formation of the district, construction of the sewer together with street improvements to the intersection of SW Walnut Street and Tiedeman Avenue have been completed and final costs have been determined. The attached City Engineer's Report has been revised accordingly. The final project cost exceeded the estimated cost by 10.8%. The increased cost of the project was largely due to unexpected subsurface conditions. During construction of the sewer line, unsuitable material was encountered requiring overexcavation and importation of suitable material. In addition, excavation for the sewer line in another location encountered creosote timbers that required removal and disposal. These circumstances and increases in quantities during the course of construction resulted in the overall increase in project cost. City Council approval is required for cost increases that exceed 10% as an exception in accordance with TMC 13.09.105(2). - 111111 a Becawe the lots vary greatly in size, the fees were determined proportional to area for the nineteen properties included in the reimbursement district. The final costs, ranging from $10,297 to $37,026, were therefore calculated based on the square footage for each lot. The final City Engineer's Report is attached together with other documents relevant to the sewer reimbursement district. OTHER ALTERNATIVES CONSIDERED None VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY Not Applicable FISCAL NOTES Total final cost of improvements including administrative fee: $288,423. This includes the construction cost plus 13.5% for engineering and inspection fees. The final cost is $28,183 (10.8%) more than the estimated cost of $260,240 reported in the preliminary City Engineer's Report. 1ACiWMde\Sum\Rcimbursement District 14 - Final I I I !i 1 -MEJ Exhibit A City Engineer's Report Sanitary Sewer Reimbursement District No. 14 SW Walnut Street and Tiedeman Avenue Background The sewers were constructed as part of a street improvement project at the intersection of SW Walnut Street and Tiedeman Avenue approved by the Local Contract Review Board June 8, 1999. The Reimbursement District established by Council on July 13. 1999, allows the City to recover the cost of constructing the sewers through the City of Tigard Neighborhood Sewer Extension Program (NSEP). Under the program the City of Tigard would install public sewers to each lot within a project area. At the time the property owner connects to the sewer, the owner would pay a connection fee of $2,335.00 and reimburse the City for a fair share of the cost of the public sewer. There is no requirement to connect to the sewer or pay any fee until connection is made. In addition, property owners are responsible for disconnecting their existing septic system according to Washington County rules and for any other modifications necessary to connect to the public sewer. Project Area - Zone of Benefit A sewer line located in SW Walnut Street east of SW 106'h Drive, as shown on Exhibit Map B was extended west 1,940 feet along SW Walnut Street through the intersection SW Tiedeman Avenue intersection. The line was constructed as part of the SW Walnut Street and SW Tiedeman Avenue Intersection Realignment street capital improvement project. There is no need for future extension of the line. Cost The portion of the estimated street improvement project cost assigned the sanitary sewer construction is $229,286. This amount was arrived at by deducting the surveying item from the amount bid for Schedule B - Sanitary Sewer System Improvements. This surveying item, engineering and inspection fees amount to $30,954 (13.5%) as defined in the TMC at 13.09.040(1). The total project cost estimated at the time of reimbursement district formation and reported in the preliminary City Engineer's Report, including these fees, is $260,240. The recommended final cost for the project is $288,423.14. This amount includes $254,117.30 for construction and $34,305.84 (13.5%) for surveying, engineering and inspection. This amount exceeds the estimated amount of $260,240 by 10.8%. T he TMC at 13.09.105(2) provides that the final cost shall not exceed by more than ten percent the cost estimated at the time of reimbursement district formation unless an exception is approved by the City Council. Consequently, a final project cost that exceeds $260,240 plus $26,024 (10%) or $286,264 will require an exception approved by the Council. The amount the final project cost exceeds the estimate plus ten percent is $2,159. The TMC at 13.09.105(2) provides that "An exception may be approved only if the applicant can show legitimate circumstances beyond the control of the applicant which cause the cost increase" The increased cost of the project was largely due to unexpected subsurface conditions. During construction, a portion of the sewer line encountered soils of insufficient strength to support the line. This unsuitable material was excavated and replaced with crushed rock at a cost of $22,544 instead of the bid cost of $9,600. In addition, excavation for the sewer encountered creosote timbers that required removal and disposal at an additional cost of $5,000. The remaining cost increases were due to changes of quantities of work completed at unit prices. The bid and final payment items are summarized on the attached table. (Item 9- surveying, is shown on this table but is not included in the construction cost since this cost is included in the 13.5% for engineering). These conditions requiring the extra work that resulted in the increased costs were latent and beyond the control of the City. Consequently, approval of the requested exception to set the total project cost at $288,423.14 is recommended. In addition to sharing the cost of the public sewer line, each property owner will be required to pay an additional $2,335 connection and inspection fee when connection to the public line is made, and will be responsible for all plumbing costs required for work done on private property. Reimbursement Rate All properties in this area are zoned R4.5 and have dissimilar lot sizes as can be seen in Exhibit Map B. Therefore, it is recommended that the total cost of the project be divided proportional to area among the nineteen properties included in the reimbursement district. An attached table shows each owner's share based on the final cost. Another reimbursement method is basing the proportional share upon the length of frontage of each property. This method is not recommended because there is no need to extend the line the entire length of the most westerly property on SW Walnut Street and there is no correspondence between length of frontage and benefit to owner. i Each property owner's estimated fair share of the public sewer line is $0.71258 per i square foot of land owned. The actual costs would be limited to $8,000, to the extent that the cost does not exceed $15,000, for connections completed within one year of City Council approval of the final City Engineer's Report following construction in accordance with Resolution 98-51. In addition to paying for the first $8,000, owners will remain responsible for paying all actual costs that exceed $15,000. Annual Fee Adjustment TMC 13.09.115 states that an annual percentage rate shall be applied to each property owner's fair share of the sewer line costs on the anniversary date of the reimbursement agreement. The Finance Director has set the annual interest rate at 6.05% as stated in City of Tigard Resolution No. 98-22. Recommendation It is recommended that a reimbursement district be formed with an annual fee increase as indicated above and that the reimbursement district continue for fifteen years as provided in the Tigard Municipal Code (TMC) 13.09.110(5). Fifteen years after the formation of the reimbursement district, properties connecting to the sewer would no longer be required to pay the reimbursement fee. The reimbursement fee should be paid for the entire parcel upon any of the following: any connection to the sewer, partition or other development of any portion of the parcel. Submitted August 9, 2000 AG STIN P. DUENAS P.E. City Engineer iAeng\greg\reimbursement districtslwalnut and tiedeman-reirnNVeimt4final report.doc NE 1 /4 SECTION 3 T2S R1 W W.M. NW 1 /4 SECTION 2 T2S R1 W W.M. CITY OF TIGARD, WASHINGTON COUNTY, OREGON N w Z 123 S TIEDEM F JOHNSON T 2S 03M019 < Sr LJ WALNUT Si O 123 S TIEDEM AVE o N WALNUT ST - - r..2s1 JM019 S < - PROPOSED SEWER 1067 SW WALNU N .y..... jA .0. 'O y~:.. ERROL Si ST :.o:o:•::::•:.7:.-........J.:o::.~.o:.. :.~a::~•O•:.~.~:.~::::.::. ao ti •:.3'0..:;.p... a: :::'.-01701•:.'::.•: St 5 t .•:3:°••:.:::::.•3:°:.':.'::.':~.ry:::~•w:•.•.30:.•3:0-------------- o.N:. ':.':.'.:•ry•. N; b'. J: •"'~•J':: oN..a N. ID6 5 S WALNU ..m. r:.::::::.a: ~:.....::.o•::.~ ; o-.; •ar n T.L. S10 AA0190 ~J 1 ,4, (J 0495 SW _WAIlIU / PR 0 T12S0JAA019C 1 675 S FONNER ST Mo,BOO ' ' s ` VICINITY MAP L2S10 :.~.h A~ 1 80 S FONNE ST .•:.:•3~:.:•::::.•::.•.•:.~~ Wiq~•Y .L2S1 AA01801 3 m„: ~T ER OL ST 10540 SW Alm LEGAL DESCRIPTION: r.L.2SI C DOI T.L. 2S103AA-01002 T.L. 2S103AA-01002 10640 w UT T.L. 2SI03AA-01100 T.L. 2S103AA-01904 r.LZS 2BC022 1 0 SW FONNER T.L. 2S103AA-01500 T.L. 2SI03AA-01905 10620 W W UT L.2S1O28CO2 T.L. 2S103AA-01600 T.L. 2S103AA-01906 I T.L2St 2BC 2005 T.L. 2S103AA-01700 T.L. 2S1028C-02001 L -i / T.L. 2S103AA-01702 T.L. 2S102BC-02002 ' T.L. 2SI03AA-01701 T.L. 2S702BC-02004 REIMBURSEMENT gS "B" PROPERTIES ENT DIET IN WE RICT T.L. 2S103AA-01800 T.L. 2S102BC-02005 EXHIBIT SE T.L. 2S103AA-01801 T.L. 2S702BC-02006 NOT TO SCALE EwsnNC SANITARY SEWER LINE T.L. 2S103AA-01900 PROPOSED SANITARY SEWER LINES SW WALNUT ST d SW TIEDEMAN AVE tr O°`~ SANITARY SEWER EXTENSION NOTE: ALL PROPERTIES IN THE REIMBURSEMENT DISTRICT ARE ZONED R-4.5 REIMBURSEMENT OWTRUCT 1114 CITY a 110A4D wcux ov~~a~ ni n as ac we ~ GEOGRAPHIC INFORMATION SYSTEM Ui Walnut Tiedeman a C Sanitary Sewer P District 14 c WftaLOCaaatE - - . ~ ItaatlBEll/a1TElEfla W]REtlilalaae - . Legend for TE (FIVIEW aU6tGEEa TlEl71tllfH; 13E9EL7 l AUM a ffm TaELafaEia [6~ TUM - UTUMUM INq~ EigaCl; Ella E'lCBfiGa Ea4 INLIM Eaaa3a E IIiEKEit$TiE maps i. aRa[1!!1 T.EIC!@a 'p~ Ia1t1a a I V> i 0L N 0 50 100 150 200 250 Feel 1'+ 183 feel City of Tigard In ormation Orl tNs maP is for general k=b0n O* and should be -fad wth"DevelopmurR Services D-Qn. 13125 SW Hal BW i Tigard. OR 97223 (503) 6394171 hop li- Citigard onus Community Development Plot date: Aug 14, 2000; c:Vnagic\magic03.apr Sewer Reimbursement District No. 14 TAJN LOT ID AREA IN SQUARE FEET EST. COST FINAL COST OWNER NAME 2S103AA-01906 16412.58842 $10,552 $11,695 MARTIN, RICHARD E 2S 103AA-01905 15105.93937 $9,712 $10,764 YORK, DANIEL L/KATHLEEN S 2S103AA-01002 25566.73084 $16,438 $18,218 KUBAS, JAMES M AND 2S103AA-01100 53223.44921 $34,220 $37,926 TRAN, NHANG V 2S103AA-01500 19719.99121 $12,679 $14,052 JUANSON, BLESSILDA S & TOMASIT 2S103AA-01600 20000.46868 $12,859 $14,252 EDWARDS, LES M AND MARCIA L 2S I03AA-01700 20647.29510 $13,275 $14,713 SCHERADELLA, ARTHUR R AND 2S 103AA-01702 20105.85954 $12,927 $14,327 PETERSON, EMMA ALICE TRUSTEE 2S103AA-01701 37969.60161 $24,413 $27,056 TIGARD, CITY OF 2S103AA-01904 14474.67157 $9,307 $10,314 MARTINI, ROBERT C AND 2S103AA-01902 14449.92145 $9,291 $10,297 HATANAKA, BARRY 2S103AA-01900 29332.37520 $18,859 $20,902 HADDOCK, GLEN RICHARDS AND 2S 103AA-01800 21367.42249 $13,738 $15,226 HALL, BRIAN E & IRENA M 2S103AA-01801 15324.50293 $9,853 $10,920 SUNDAY, MELVIN R BARBARA 2S102BC-02002 16378.79552 $10,531 $11,671 OLSEN, KENNETH E 2S102BC-02005 16059.72011 $10,326 $11,444 FRISBIE, OWEN P JR AND 2S102BC-02006 17016.89918 $10,941 $12,126 EDWARDS, ANNE D & HARVEY O 2S102BC-02001 15895.15304 $10,220 $11,327 AUER, JULIA A & 2S 102BC-02004 15707.38303 $10,099 $11,193 WORRALL, KENNETH W AND Total Square Footage: 404758.76850 0.0421)'~UQ Estamated Cost of Project: $260,240.00 Final cost of Project: $288,423.14 t"• Estimated Cost per sq ft: $0.64295 Final Cost per sq ft: $0.71258 I:/ENG/ENGDOC/walnut sewer district 14 with exemption.xls ~ ~ 1 }t}1 may"` lv'~y 1 Sewer Reimbursemeut District No. 14 gNANI(~ GAT' 12320 SW TIEDEMAN A 12350 SW T1 ~FyN FoRD1CE, LAKE DR 111'14 SW SUMMER 1080 SW WALNUT ST 10930 SW WALNUT ARA L LLES L", 1111R2, SNV VERSAI 13125 SW ALL VIRGINIA M RY FpNNER STSTEES 10615 SW Po 110% 230995 OLSEN, SANDRA L EL Rip 0 SW W ALTRICIA H EDWAPDS, PA DOROTHY W wer district 14 with aemptio"Is mom I.,,NGOGDOC'*a""" se gip ITEM I UNIT DESCRIPTION UNITS QTY PRICE QTY AMOUNT Schedule B Sanitary Sewer 1a Sanitary 0-8' Depth LF 596 $43.00 596.00 $25,628.00 lb Sanitary 8'-12" Depth LF 518 $67.00 518.00 $34,706.00 1c Sanitary 12'-16" Depth/CO#2 -100ft LF 747 $96.00 747.00 $71,712.00 2a MH 0-8' Depth • • _ EA 1 $2,410.00 1.00 $2,410.00 2b MH 8'-12' Depth EA 3 $3,033.00 3.00 $9,099.00 2c MH 12'-16' Depth EA 3 $4,506.00 3.00 $13,518.00 2d MH 16'-18' Depth _ EA 1 _ $5,809.00 1.00 $5,809.00 3 Sanitary Sewer Laterals 4" LF 517 $51.00 517.00 $26,367.00 4 Temporary AC Trench Replacement SY 983 $16.00 1202.00 $19,232.00 5 xc. & Back fill unsuitable Foundatio CY 100 $47.00 227.50 $10,692.50 6 Boulder Excavation CY 50 $93.00 0.00 $0.00 7 Connect to Existing Sanitary MH LS 1 $2,322.00 1.00 $2,322.00 8 Sanitary Sewer System Testing LS 1 $3,037.00 1.00 $3,037.00 9 Surveying(Sanitary Sewer System) LS 1 $1,270.00 1.00 $1,270.00 CO#2 Install pipe between MH 2 and MI-13 LS 1 $22,544.08 1.00 $22,544.08 C093 Removal of Creosote Timbers LS 1 $5,000.00 1.00 $5,000.00 Installation of sewer laterial LS 1 $2,040.72 1.00 $2,040.72 Schedule B Subtotal $255,387.30 SW Walnut Street and Tiedeman Avenue Street Improvement Project Schedule B - Sewer Bid and Final Payment Items i i i a 3 a a lig! CITY OF TIGARD, OREGON RESOLUTION NO. 99- 53 A RESOLUTION ESTABLISHING SANITARY SEWER REMBURSEMENT DISTRICT NO. 14 WHEREAS, the City has initiated the Neighborhood Sewer Extension Program to extend public sewers and recover costs through Reimbursement Districts in accordance with TMC Chapter 13.09; and WHEREAS, the sanitary sewer improvements for the proposed Reimbursement District are included in a Street Capital Improvement Project, and WHEREAS, these property owners have been notified of a public hearing in accordance with TMC 13.09.060 and a public hearing was conducted in accordance TMC 13.09.050; and WHERAS, all properties within the proposed Reimbursement District were annexed to the City by Ordinance 99-19; and WHEREAS, the City Engineer has submitted a report describing the improvements, the area to be included in the Reimbursement District, the estimated costs, a method for spreading the cost among the parcels within the District, and a recommendation for an annual fee adjustment; and WHEREAS, the City Council has determined that the formation of a Reimbursement District as recommended by the City Engineer is appropriate. NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council that: SECTION 1: The City Engineer's report titled "Sanitary Sewer Reimbursement District No. 14," attached hereto as Exhibit A, is hereby approved. SECTION 2: A Reimbursement District is hereby established in accordance with a TMC Chapter 13.09. The District shall be the area shown and described on Exhibit B. The District shall be known as "Sanitary Sewer Reimbursement District No. 14." a a a SECTION 3 Payment of the reimbursement fee as shown in Exhibit A is a 3 precondition of receiving City permits applicable to development of each parcel within the Reimbursement District as provided for in TMC 13.09.110 SECTION 4 An annual fee adjustment, at a rate recommended by the Finance Director, shall be applied to the Reimbursement Fee. a SECTION 5 The City Recorder shall cause a copy of this resolution to be filed in the office of the County Recorder and shall mail a copy of this resolution to all affected property owners at their last known address, in accordance with TMC 13.09.090. PASSED: This day of 1999. C or - City of Tigar ATTEST: 7 City Recorder - City of Tigard AGENDA ITEM # FOR AGENDA OF August 22. 2000 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Finalize Formation of Sewer Reimbursement District No 14 (SW Walnut Street and Tiedeman Avenue) PREPARED BY: G. Berrv DEPT HEAD OK 0-f~ 'CITY MGR OK ISSUE BEFORE THE COUNCIL Finalize the formation of Reimbursement District No. 14 (at the intersection of SW Walnut Street and Tiedeman Avenue) and approve the cost increase over 10% as an exception in accordance with Tigard Municipal Code (TMC) 13.09.105(2). STAFF RECOMMENDATION Approve, by motion, the formation of Reimbursement District No. 14 as modified by the final City Engineer's Report, including approval of an exception for the cost increase over 10% in accordance with TMC 13.09.105(2). INFORMATION SUMMARY City Council approved the formation of Sewer Reimbursement District No. 14 (at the intersection of SW Walnut Street and Tiedeman Avenue) via Resolution 99-53 on July 13, 1999. The sewer project was to be constructed as part of a City street improvement project at the intersection of SW Walnut Street and Tiedeman Avenue. Through the City's Neighborhood Sewer Extension Program, the City proposed to install sewer laterals to provide sewer service to nineteen lots within the Reimbursement District. The owners would reimburse the City for a fair share of the cost of the public sewer at the time of connection to the sewer. The amount of each owner's fair share of the cost depends upon the size of the owner's lot. In addition, each owner would be required to pay a connection fee of $2,335 before connecting to the line and would be responsible for disconnecting the existing septic system according to County rules and any other plumbing modifications necessary to connect to the public line. 1 Since the formation of the district, construction of the sewer together with street improvements to the intersection of SW Walnut Street and Tiedeman Avenue have been completed and final costs have been determined. The attached City Engineer's Report has been revised accordingly. The final project cost exceeded { the estimated cost by 10.8%. The increased cost of the project was largely due to unexpected subsurface conditions. During construction of the sewer line, unsuitable material was encountered requiring overexcavation j and importation of suitable material. In addition, excavation for the sewer line in another location encountered f creosote timbers that required removal and disposal. These circumstances and increases in quantities during the a course of construction resulted in the overall increase in project cost. City Council approval is required for cost increases that exceed 10% as an exception in accordance with TMC 13.09.105(2). Because the lots vary greatly in size, the fees were determined proportional to area for the nineteen properties included in the reimbursement district. The final costs, ranging from $10,297 to $37,026, were therefore calculated based on the square footage for each lot. The final City Engineer's Report is attached together with other documents relevant to the sewer reimbursement district. OTHER ALTERNATIVES CONSIDERED None VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY Not Applicable FISCAL NOTES Total final cost of improvements including administrative fee: $288,423. This includes the construction cost plus 13.5% for engineering and inspection fees. The final cost is $28,183 (10.8%) more than the estimated cost of $260,240 reported in the preliminary City Engineer's Report. l.\Citywide\SumVteimbuisetnent District 14 - Final Exhibit A City Engineer's Report Sanitary Sewer Reimbursement District No. 14 SW Walnut Street and Tiedeman Avenue Background The sewers were constructed as part of a street improvement project at the intersection of SW Walnut Street and Tiedeman Avenue approved by the Local Contract Review Board June 8, 1999. The Reimbursement District established by Council on July 13. 1999, allows the City to recover the cost of constructing the sewers through the City of Tigard Neighborhood Sewer Extension Program (NSEP). Under the program the City of Tigard would install public sewers to each lot within a project area. At the time the property owner connects to the sewer, the owner would pay a connection fee of $2,335.00 and reimburse the City for a fair share of the cost of the public sewer. There is no requirement to connect to the sewer or pay any fee until connection is made. In addition, property owners are responsible for disconnecting their existing septic system according to Washington County rules and for any other modifications necessary to connect to the public sewer. Project Area - Zone of Benefit A sewer line located in SW Walnut Street east of SW 106`h Drive, as shown on Exhibit Map B was extended west 1,940 feet along SW Walnut Street through the intersection SW Tiedeman Avenue intersection. The line was constructed as part of the SW Walnut Street and SW Tiedeman Avenue Intersection Realignment street capital improvement project. There is no need for future extension of the line. Cost The portion of the estimated street improvement project cost assigned the sanitary sewer construction is $229,286. This amount was arrived at by deducting the surveying item from the amount bid for Schedule B - Sanitary i Sewer System Improvements. This surveying item, engineering and inspection fees amount to $30,954 (13.5%) as defined in the TMC at 13.09.040(1). The a total project cost estimated at the time of reimbursement district formation and reported in the preliminary City Engineer's Report, including these fees, is $260,240. a The recommended final cost for the project is $288,423.14. This amount a a includes $254,117.30 for construction and $34,305.84 (13.5%) for surveying, a engineering and inspection. This amount exceeds the estimated amount of $260,240 by 10.8%. The TMC at 13.09.105(2) provides that the final cost shall not exceed by more than ten percent the cost estimated at the time of reimbursement district formation unless an exception is approved by the City Council. Consequently, a final project cost that exceeds $260,240 plus $26,024 (10%) or $286,264 will require an exception approved by the Council. The amount the final project cost exceeds the estimate plus ten percent is $2,159. The TMC at 13.09.105(2) provides that "An exception may be approved only if the applicant can show legitimate circumstances beyond the control of the applicant which cause the cost increase" The increased cost of the project was largely due to unexpected subsurface conditions. During construction, a portion of the sewer line encountered soils of insufficient strength to support the line. This unsuitable material was excavated and replaced with crushed rock at a cost of $22,544 instead of the bid cost of $9,600. In addition, excavation for the sewer encountered creosote timbers that required removal and disposal at an additional cost of $5,000. The remaining cost increases were due to changes of quantities of work completed at unit prices. The bid and final payment items are summarized on the attached table. (Item 9- surveying, is shown on this table but is not included in the construction cost since this cost is included in the 13.5% for engineering). These conditions requiring the extra work that resulted in the increased costs were latent and beyond the control of the City. Consequently, approval of the requested exception to set the total project cost at $288,423.14 is recommended. In addition to sharing the cost of the public sewer line, each property owner will be required to pay an additional $2,335 connection and inspection fee when connection to the public line is made, and will be responsible for all plumbing costs required for work done on private property. Reimbursement Rate All properties in this area are zoned R4.5 and have dissimilar lot sizes as can be seen in Exhibit Map B. Therefore, it is recommended that the total cost of the project be divided proportional to area among the nineteen properties included in the reimbursement district. An attached table shows each owner's share based on the final cost. i Another reimbursement method is basing the proportional share upon the length 2 of frontage of each property. This method is not recommended because there is no need to extend the line the entire length of the most westerly property on SW Walnut Street and there is no correspondence between length of frontage and benefit to owner. a a Each property owner's estimated fair share of the public sewer line is $0.71258 per a square foot of land owned. The actual costs would be limited to $8,000, to the extent that the cost does not exceed $15,000, for connections completed within one year of City Council approval of the final City Engineer's Report following construction in accordance with Resolution 98-51. In addition to paying for the ferst $8,000, owners will remain responsible for paying all actual costs that exceed $15,000. Annual Fee Adjustment TMC 13.09.115 states that an annual percentage rate shall be applied to each property owner's fair share of the sewer line costs on the anniversary date of the reimbursement agreement. The Finance Director has set the annual interest rate at 6.05% as stated in City of Tigard Resolution No. 98-22. Recommendation It is recommended that a reimbursement district be formed with an annual fee increase as indicated above and that the reimbursement district continue for fifteen years as provided in the Tigard Municipal Code (TMC) 13.09.110(5). Fifteen years after the formation of the reimbursement district, properties connecting to the sewer would no longer be required to pay the reimbursement fee. The reimbursement fee should be paid for the entire parcel upon any of the following: any connection to the sewer, partition or other development of any portion of the parcel. Submitted August 9, 2000 Q P AG STIN P. DUENAS P.E. City Engineer k%eng%greglrNmbursement districtslwalnut and Oedeman-rNml4Yeim14-final report.doc NE 1 /4 SECTION 3 T2S R1 W W.M. NW 1 /4 SECTION 2 T2S R1 W W.M. CITY OF TIGARD, WASHINGTON COUNTY, OREGON V) 123 S TIEOEM F JOHNSON T 2S 03AA019 < Sl W WALNUT ST Ld 123 S TIEOEM AVE WALNUT ST ~ _ r..2S1 3AA019 5 PROPOSED SEWER IN W U 1067 S T.L S103AA01904 ERROL ST Sl o•: :.z: z'~"~°: '~'O':'::'::'::'::::' n ti n . 017 ::O:N...::: : b•.-+: •'~•~•J~ : pN:: o.~i 106 5 wALffU ' ~A m.I ::::::..rn.~......:.; o.:•: a.. .m n T.L SIO AA0190: . 0495 S.. WALNU 1 675 FONNER ST P Og . VICINITY MAP L2SIO AA018DO ` 0.::::.... 4 80 S FONNE Si ;Q O::• : ~~Q(N .L.2S1 AA01801 :'3 m; UT S ER OL ST ^o a.:.::.:. J y::•:.•:.::•. 10540 SW AtN LEGAL DESCRIPTION: T.L.2S1 DOt T.L. 2S103AA-01002 T.L. 2S103AA-01002 .0640 w W UT T.L. 2S103AA-01100 T.L. 2S103AA-01904 r.L2s o28C02 2 1 0 SW FONNER T.L. 2S103AA-01500 T.L. 2S103AA-01905 _ w W T L.2SI028CO2DO f 10620 T.L. 2S103AA-01600 T.L. 2S10-01906 I r.L2st 28C 2005 T.L. 2S103AA-01700 T.L. 25102BC26C-02001 J T.L. 2S103AA-01702 T.L. 2S102BC-02002 T.L. 2S103AA-01701 T.L. 251028C-02004 PROPERTIES INCLUDED IN T.L. 2S103AA-01800 T.L. 2S1O26C-02005 EXHIBIT „B,o REIMBURSEMENT DISTRICT T.L. 2S103AA-01801 T.L. 2S102BC-02006 NOT TO SCALE EIMSTING SANITARY SEWER LINE T.L. 2S103AA-01900 I PROPOSED SANITARY SEWER LINES SW WALNUT ST SW TIEDEMAN AVE SANITARY SEWER EXTENSION NOTE: ALL PROPERTIES IN THE REIMBURSEMENT DISTRICT ARE ZONED R-4.5 FtERMURSEMENT DISTRICT 194 QTY OF TiGNm aocux oo w.al m w m o.c wo L n~waf Qc LL' 1T1D11111 i o t stir 9 OEOGRAPHIC INFORMATION SYSTEM W Walnut Tiedeman 1'®,' G Sanitary Sewer District 14 P e~ Lependfor7E e0 -Tteul~pYfel.:i. Id401118' L _ KIM ~ - ,e2ESle 6 191$ 1 1MA eeTM AUM - x!:+ e~ecuuexeapalle emt.uweerar' iii eVl RSrlll~l!! t9R9~Ji 96f LMJ 7a~ir ` L V✓ p/O Ames i N 0 50 100 150 200 250 Feel V- 183 leel p City of Tigard lNormation oe this map is for general button ONY end should De verified vlith the Oevebpment Services DMsion- 1J125 SW Hat Bhd Tipald, OR 97223 (SOJ) 0394171 ht~'lAw~w.d.tiga dor us Plot date: Aug 14, 2000; c:\magic\magic03.apr Community Development LEGIBILITY STRIP Sewer Reimbursement District No. 14 i ;_w a sTAXT OT.ID.;,, .;w.:. , . AIZI~:A.IN;►S U I+' +1 'E ES3 COSTS T AUCOST rk~ OWNED NANE 2S103AA-01906 16412.58842 $10,552 $11,695 MARTIN, RICHARD E 2S103AA-01905 15105.93937 $9,712 $10,764 YORK, DANIEL L/KATHLEEN S 2S103AA-01002 25566.73084 $16,438 $18,218 KUBAS, JAMES M AND 2S103AA-01100 53223.44921 $34,220 $37,926 TRAN, NHANG V 2S103AA-01500 19719.99121 $12,679 $14,052 JUANSON, BLESSILDA S & TOMASIT 2S103AA-01600 20000.46868 $12,859 $14,252 EDWARDS, LES M AND MARCIA L 2S103AA-01700 20647.29510 $13,275 $14,713 SCHERADELLA, ARTHUR R AND 2S103AA-01702 20105.85954 $12,927 $14,327 PETERSON, EMMA ALICE TRUSTEE 2S103AA-01701 37969.60161 $24,413 $27,056 TIGARD, CITY OF 2S103AA-01904 14474.67157 $9,307 $10,314 MARTINI, ROBERT C AND 2S103AA-01902 14449.92145 $9,291 $10,297 HATANAKA, BARRY 2S103AA-01900 29332.37520 $18,859 $20,902 HADDOCK, GLEN RICHARDS AND 2S103AA-01800 21367.42249 $13,738 $15,226 HALL, BRIAN E & IRENA M 2S103AA-01801 15324.50293 $9,853 $10,920 SUNDAY, MELVIN R BARBARA 2S102BC-02002 16378.79552 $10,531 $11,671 OLSEN, KENNETH E 2S102BC-02005 16059.72011 $10,326 $11,444 FRISBIE, OWEN P JR AND 2S102BC-02006 17016.89918 $10,941 $12,126 EDWARDS, ANNE D & HARVEY 0 2S102BC-02001 15895.15304 $10,220 $11,327 AUER, JULIA A & 2SI02BC-02004 15707.38303 $10,099 $11,193 WORRALL, KENNETH W AND Total Square Footage: 404758.76850 0.6429509 Estamated Cost of Project: $260,240.00 5260,240 ' i 25R0? Final cost of Project: $288,423.14 Estimated Cost per sq ft: $0.64295 Final Cost per sq ft: $0.71258 r. I:/ENG/ENGD00/walnut sewer district 14 with exemption.xls Server Reimbursement District N0.14 RNAM ,,CON'r- ::sowe WE TIEDEI~~'N A 12320 SW 12350 SWTIEDEMo FORDICE> Tp''CEY 11174 SW SUId1MER LAKE DR 10860 SW W ALNIff ST 10830 SW W ALNWT BARBA~ L MLLES LN 17121 SW 13125 SW HALL VIRGINIAM RUFJKO ONN R TSTEES 10675 SW 1,0 BOX 230995 L OLSEN,SANDI~' ROXAN wALNDT ST 10610 SW PATI~CIA II EDW S, DOROT W r dism with exemption.xls sewer et 14 walnut ' I:tENGlEI3GDOCi ITEM I gim DESCRIPTION UNITS QTY PRICE QTY AMOUNT Schedule B Sanitary Sewer 1a Sanitary 0-8' Depth LF 596 $43.00 596.00 $25,628.00 1b Sanitary 8'-12" Depth LF 518 $67.00 518.00 $34,706.00 1c Sanitary 12'-16" Depth/CO#2 -100ft LF 747 $96_00 747.00 $71,712.00 2a MH 0-8' Depth _ _ EA 1 $2,410.00 1.00 $2,410.00 2b MH 8'-12' Depth EA 3 $3,033.00 3.00 $9,099.00 2c MH 12'-16' Depth EA 3 $4,506.00 3.00 $13,518.00 2d MH 16'-18' Depth EA 1 _ $5,809.00 1.00 $5,809.00 3 SanitarySewer LatQfals 4" LF 517 $51.00 517.00 $26.367.00 4 Temporary AC Trench Replacement SY 983 $16.00 1202.: $19,232.00 5 Exc. & Back fill unsuitable Foundatio CY 100 $47.00 227.50 $10,692.50 6 Boulder Excavation CY 50 $93.00 0.00 $0.00 7 Connect to Existing Sanitary MH LS 1 $2,322.00 1.00 $2,322.00 8 Sanitary Sewer System Testing LS 1 $3,037.00 1.00 $3,037.00 9 Surveying(Sanilary Sewer System) LS 1 $1,270.00 1.00 $1,270.00 CO#2 Install pipe between MH 2 and MH3 LS 1 $22,544:08 1:00 $22,544,08 CO#3 Removal of Creosote Timbers LS 1 $5,000.00 1.00 $5,000.00 Installation of sewer laterial LS 1 $2,040.72 1.00 $2,040.72 Schedule B Subtotal $255,387.30 SW Walnut Street and Tiedeman Avenue Street Improvement Project Schedule B - Sewer Bid and Final Payment Items CITY OF TIGARD, OREGON RESOLUTION NO. 99- 5-3 A RESOLUTION ESTABLISHING SANITARY SEWER RERVIBURSEIAENT DISTRICT NO. 14 WHEREAS, the City has initiated the Neighborhood Sewer Extension Program to extend public sewers and recover costs through Reimbursement Districts in accordance with TMC Chapter 13.09; and WHEREAS, the sanitary sewer improvements for the proposed Reimbursement District are included in a Street Capital Improvement Project, and WHEREAS, these property owners have been notified of a public hearing in accordance with TIVIC 13.09.060 and a public hearing was conducted in accordance TMC 13.09.050; and WHERAS, all properties within the proposed Reimbursement District were annexed to the City by Ordinance 99-19; and WHEREAS, the City Engineer has submitted a report describing the improvements, the area to be included in the Reimbursement District, the estimated costs, a method for spreading the cost among the parcels within the District, and a recommendation for an annual fee adjustment; and WHEREAS, the City Council has determined that the formation of a Reimbursement District as recommended by the City Engineer is appropriate. NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council that: SECTION 1: The City Engineer's report titled "Sanitary Sewer Reimbursement District No. 14," attached hereto as Exhibit A, is hereby approved. SECTION 2: A Reimbursement District is hereby established in accordance with TMC Chapter 13.09. The District shall be the area shown and described on Exhibit B. The District shall be known as "Sanitary Sewer Reimbursement District No. 14." i SECTION 3 Payment of the reimbursement fee as shown in Exhibit A is a precondition of receiving City permits applicable to development of each parcel within the Reimbursement District as provided for in TMC 13.09.110 SECTION 4 An annual fee adjustment, at a rate recommended by the Finance Director, shall be applied to the Reimbursement Fee. SECTION 5 The City Recorder shall cause a copy of this resolution to be filed in the office of the County Recorder and shall mail a copy of this resolution to all affected property owners at their last known address, in accordance with T MC 13.09.090. PASSED: This I day of 1999. or - City of Tigar ATTEST: City Recorder - City of Tigard 4 1 H 3 AGENDA ITEM # FOR AGENDA OF August 22, 2000 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Consider Appointment of Interim Mayor PREPARED BY: Cathy Wheatley DEPT HEAD OK CITY MGR OK ISSUE BEFORE THE COUNCIL Select an individual to serve as Interim Mayor. STAFF RECOMMENDATION Select Interim Mayor. INFORMATION SUMMARY By the August 22, 2000, meeting Council will have conducted interviews of the eight individuals who applied for consideration to be appointed as Interim Mayor. The Interim Mayor will be appointed by the Council on August 22, and sworn in at the September 12, 2000, City Council meeting. The Interim Mayor will serve until the March 2001 election results are certified with regard to the Mayor's position. OTHER ALTERNATIVES CONSIDERED N/A VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY N/A FISCAL NOTES N/A OADWGREERkAGENDA ITEMS\SUM - MAYOR INTERVIEWS.DOC