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City Council Packet - 02/20/2001r- Revised February 15, 2001 PUBLIC NOTICE: 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 503-639-4171, Ext. 309 (voice) or 503-684-2772 (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 m 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 by calling: 503-639-4171, x309 (voice) or 503-684-2772 (TDD - Telecommunications Devices for the Deaf). SEE ATTACHED AGENDA COUNCIL. AGENDA - February 20, 2001 page 1 AGENDA TIGARD CITY COUNCIL WORKSHOP MEETING February 20, 2001 6:30 PM 1. WORKSHOP MEETING 1.1 Call to Order - City Council 1.2 Roll Call 1.3 Pledge of Allegiance 1.4 Council Communications 8t Liaison Reports 1.5 Call to Council and Staff for Non Agenda Items 6:35 PM 2. LONG-TERM WATER SUPPLY a. Staff Report: Public Works Staff b. Council Discussion, Questions, Comments 7:05 PM 3. JOINT MEETING WITH THE PLANNING COMMISSION • Introduction: Community Development Staff 3.1 Transportation funding 3.2 Recreation district 3.3 Water 3.4 Comprehensive plan amendments and zone change criteria 3.5 Commuter rail 3.6 Oregon Department of Transportation funds - 99W 3.7 Planning Commission's role in the future 3.8 Annexation policy 8:05 PM 4. TIGARD CENTRAL BUSINESS DISTRICT ASSOCIATION UPDATE a. Staff Report: Community Development Staff b. Council Discussion, Questions, Comments 8:35 PM 5. REVIEW OF THE NOISE PERMIT PROCESS a. Staff Report: Administration Staff b. Council Discussion, Questions, Comments C. Council Direction: Should staff proceed with recommendations to amend the "noise ordinance"? COUNCIL AGENDA - February 20, 2001 page 2 9:05 PM 6. DISCUSSION OF MEASURE 7 {CONTINUED FROM THE FEBRUARY 13, 2001, CITY COUNCIL STUDY MEETING. a. Staff Introduction: City Administration 9:10 PM 7. COUNCIL LIAISON REPORTS 9:20 PM 8. NON-AGENDA ITEMS 9:30 PM 9. EXECUTIVE SESSION: The Tigard City Council may go into Executive Session. If an Executive Session is called to order, the appropriate ORS citation will be announced identifying for what purpose the Session is being held. All discussions within this session are confidential; therefore those present may disclose nothing from this meeting. Representatives of the news media are allowed to attend this session, but must not disclose any information discussed during this session. No executive session may be held for the purpose of taking any final action or making any final decision. 9:45 PM 10. AD]OURNMENT I: ADWCATHY\CCA1010220.D0C COUNCIL AGENDA - February 20, 2001 page 3 da®nda Item No. X18@tinq of _3- 13 - M TIGARD CITY COUNCIL MEETING MINUTES - FEBRUARY 20, 2001 1. WORKSHOP MEETING 1.1 Mayor Griffith called the meeting to order at 6:31 p.m. 1.2 Council present: Mayor Griffith; Councilors Dirksen, Moore, Patton, and Scheckla. 1.3 Mayor Griffith led those present in the Pledge of Allegiance. 1.4 Council Communications at Liaison Reports: None. 1.5 Call to Council and Staff for Non Agenda Items Councilor Scheckla asked for an update on the staff review and response to the Nordlings regarding issues with street sweeping of the Winco parking lot. (See the bulleted paragraph just before Agenda Item No. 6.) 2. LONG-TERM WATER SUPPLY • Public Works Director Ed Wegner and Operations Manager Mike Miller updated the Council. Mr. Wegner introduced Mr. Norm Penner of the Tigard Water District and member of the Intergovernmental Water Board. Mr. Wegner advised that it had been three months since the last staff report; very little has happened since that last update. He referred to a recent Westside Economic Alliance meeting where the Tualatin Valley Water District (TVWD) and the City of Wilsonville updated their progress on the Willamette River water treatment plant, which will be online by April 2002. TVWD said it would be about 20 years before it will need to draw from this source. Mr. Wegner recapped the status of the three water sources: 1. South Fork (Clackamas River) - At this time, West Linn and Oregon City are not interested in restructuring to allow additional ownership of this water source. One of the reasons is the bond convenances specify that restructuring cannot be done while the bond is outstanding. South Fork. does have excess water rights (they own 55 mgd, but need 32 mgd). There is a possibility that they might give away some of these rights; however, West Linn is not interested in any expansion of the plant because the current Council does not want to promote growth. It would be very expensive for the City of Tigard to build its own plant. There will be a meeting on March 15 where a draft proposal will be presented. 2. Portland Wholesale Water Contract - Review of this option has progressed very slowly. Last July, Portland presented a "strawman" contract. TIGARD CITY COUNCIL MEETING MINUTES - February 20, 2001 page 1 Suggestions were made and Portland estimates they will get back to the contract participants by the end of April. Two wholesale purchasers' contracts expire in 2003. Portland has indicated that they would be willing to continue the current contract; however, the penalty for "peaking" -during summer months would remain in place, which is very costly. The wholesale buyers would prefer to have a new contract without the "peaking" provisions. The wholesale managers have agreed that if nothing is offered by Portland by the end of April, then they would ask elected officials to become involved to urge Portland to "move" [forward on the contract]. Mayor Griffith commented that Portland Mayor Katz and Commissioner Stenn have discussed the possibility of regionalizing water service. Mr. Wegner confirmed he had heard this also; however, he was uncertain whether Commissioner Stenn was very enthusiastic about this idea. There was discussion about an organization called the Bull Run Heritage Group. Their mission is to preserve, protect, and use the Bull Run watershed. They appear to support the concept that the wholesale purchasers of water should have some rights rather than just have rules and regulations dictated to them. 3. joint Water Commission (Trask River, Barney Reservoir, Hagg Lake). The City of Tigard is still waiting for a Memorandum of Understanding indicating that Tigard may be able to partner with the Commission provided another source of water is found. The Commission has been working with Tigard to allow the purchase of surplus water. Several jurisdictions (including; Unified Sewerage Agency) are interested in devising a plan for an additional water source for this system, not only to provide water for use but also to address problems identified in the Endanger Species Act. A project manager has been hired to study the feasibility of raising the dam at Hagg Lake. Mr. Wegner commented that all three options would take 8-10 years before the work is completed and the City of Tigard will no longer have to rely on surplus water contracts. Mr. Miller reported on Aquifer Storage Recovery. The first phase will include identifying which one of the wells is best suited. Testing will occur in the next two weeks. A preliminary report should be available in April. Mr. Miller reported on the Beaverton interne, where a third connection is being sought to provide greater capacity. He referred to the Bradley Comer connection and the efforts to get this back in operation for 10 mgd. Lake Oswego cannot produce enough water to meet Tigard's needs during the summer. While the City should have adequate water this summer, it will "be tight." TIGARD CITY COUNCIL MEETING MINUTES - February 20, 2001 page 2 3. JOINT MEETING WITH THE PLANNING COMMISSION Planning Commission Members Present: Judith Anderson, Darrel Glenn Mores, Judy Munro, Mark Padgett, Shei Scolar, Scot Sutton, Steven Topp, Nick Wilson. Community Development Director Hendryx introduced the Commission members, said a few introductory remarks, and asked Nick Wilson, Chairperson of the Commission, to comment. Commissioner Wilson introduced his ideas with regard to planning for Tigard's future. He noted the problems associated with Highway 99W and the revitalization of the downtown area. With most of the vacant land developed, Tigard's housing stock is now aging. In order to make it attractive for residents to stay in Tigard and reinvest/upgrade their property, it is important to provide a reason for them to want to stay. Commissioner Wilson said that the revitalizaton of the downtown could be such a reason. He suggested that the City look again at an Urban Renewal District in the downtown area and to provide the transportation infrastructure (a Walnut to Hunziker connection) to alleviate the load on Highway 99W. Commissioner Padgett noted a component of the downtown revitalization would be commuter rail and a multi-level parking structure. He reviewed some funding possibilities including an option identified in the 99W Corridor Study. Councilor Moore noted that a Task Force has been formed by the Council to look at funding sources for transportation improvements. The Washington Square area also needs attention with regional dollars since it is a regional project. Mayor Griffith noted that money measures, in recent City history, have not been dealt with properly. He said that the City would look to the Planning Commission for more involvement in transportation planning. The Mayor also noted the Council is reviewing recreation services in the City of Tigard. He referred to an upcoming Youth Forum (February 27 at Tigard City Hall) to determine what services are being offered and what facilities might be available to provide recreation opportunities for youth. The Planning Commission will be asked to be more involved in recreation planning. There is a need to update funding for parks through Systems Development Charges (SDC) on new development. Because new development is slowing, the amount of dollars available has decreased. It was also noted that Washington County does not collect SDC funds in the unincorporated area; City officials have approached the TIGARD CITY COUNCIL MEETING MINUTES - February 20, 2001 page 3 County about charging SDCs to provide funding needed for future parks. City staff will continue to follow up on this Issue. Commissioner Padgett suggested the Code be amended to allow development where It has not been allowed in the past. Mayor Griffith updated the group on the status of the commuter rail. Washington County has agreed to fund $25 million. The City of Tigard will also need to contribute approximately $2 million. Two stations are planned in Tigard; one at Washington Square and one in the downtown area. The Mayor noted the New Library Construction Committee is working on selecting a site for a new library. Preference is to locate the building in the downtown. Proposed library building size is 47,000 square feet. Annexation policy for non-island areas adjacent to the City of Tigard will be discussed on March 20, 2001. Mayor Griffith advised that staff and Council will be reviewing if there is a benefit to residents and the City for annexation; if it is detennined that there is no benefit, then the City will not pursue annexation of these areas. The Mayor said that there are no plans to review the Metzger area. Commissioner Padgett brought up the goal of the County 2000 plan, which was for the County to encourage urban developed areas to annex to cities. There was brief discussion. While the County has made some strides in encouraging urban-developed unincorporated areas to annex to cities, they have also done things (such as the recent enhanced sheriffs patrol levy) to obtain funding to provide a higher level of service. The County has not done any park planning in the City's area of interest and the City is reluctant to purchase any more land outside the City limits. Councilor Scheckla asked the Commissioners' opinion on speed humps. He said TVFatR has problems with speed humps and their equipment. There was brief discussion about other traffic calming techniques. Commissioner Wilson commented that connectivity reduces traffic load throughout the City. Council meeting recessed at 8:06 p.m. Council meeting reconvened at 8:16 p.m. 4. TIGARD CENTRAL BUSINESS DISTRICT ASSOCIATION UPDATE Community Development Director Hendryx introduced this agenda item. Members present from the Tigard Central Business District Association (TCBDA) included: Tyler Ellenson (President), Penny Connor, Kate Dormer, and Tamara Johnson. (See Council packet materials for additional information distributed to the City Council on the Tigard Blast - A celebration of Family and Community, which was formerly known as Tigard Country Daze; an application for Community Incentive funding; and other materials relating to activity in the downtown area.) TIGARD CITY COUNCIL MEETING MINUTES - February 20, 2001 page 4 Penny Connor reviewed the activities planned for the Tigard Blast, scheduled for August 3, 4 and 5, 2001. (A multi-cultural festival featuring ethnic food, entertainment and arts and crafts. Also planned: a beer garden, parade, static displays of fire and police equipment, dances, bands, and a walk/run.) Mr. Ellenson reported that all openings on the Association's board have been filled. He also noted appreciation for the continued good relationship and assistance from the Police Department. The Association is working on implementing a "sustainable funding program." Kate Dormer, member of the Association presented PowerPoint slides outlining the accomplishments of the TCBDA and a review of funding methods including formation of an Economic Improvement District (EID) and a Business Improvement District (BID). The assessments for the TCBDA's income would be dependent upon promotions, membership fees, contributions from the City of Tigard (est. $26,667), and from the EID and BID. Next steps include: • focus group meetings with key business and property owners; • refine the budget and programs; • keep Council and members updated; • obtain support of the Council through adoption of an "enabling" ordinance; • Council to hold hearings; • passage of the EID and BID. Discussion followed on the EID and BID structure. Ms. Dormer advised that the EID and BID would be formed for a five-year period. Councilor Dirksen noted that assisting the Downtown District is on the Council goals. Councilor Patton noted that the TCBDA board has done what it has been asked to do and she indicated she would support funding for the first year, but cautioned the Association members that there would be no guarantee that City funding would be available every year. Councilor Moore also indicated his support of the Association's plans as presented. Councilor Scheckla asked about availability of training programs to businesses outside of the Association's membership. Mr. Ellenson responded that training would not be exclusive to membership; however, there may be a fee for those who are not members. Mayor Griffith noted the successes of the Association so far. Mr. Hendryx advised that the first focus group meeting Is tentatively scheduled for April 5'. TIGARD CITY COUNCIL MEETING MINUTES - February 20, 2001 page 5 The Association supports the commuter rail project and has sent letters to the Governor noting their support. The general consensus of the City Council was in support of the efforts to date by the TCBDA board and membership. S. REVIEW OF THE NOISE PERMIT PROCESS City Recorder Cathy Wheatley presented the staff report and a PowerPoint slide presentation, which is on file with the meeting packet material. Also present to answer questions were Chief of Police Ron Goodpaster, Community Development Director Jim Hendryx and Deputy City Recorder Greer Gaston. The purpose for bringing this matter before the City Council was prompted by the administration of the provisions contained in Section 7.40.200. This section pertains to when permits are required for exceeding allowable noise levels. Section 7.40.200(a) states: The use of amplified voice and music or creation of noise at levels, which would otherwise exceed those permissible under Section 7.40.130 through 7.40.190, may be allowed upon application to the City Manager or designee. Application for an amplified sound permit shall be made to the City Manager or designee on forms prepared by the city. The applicant shall identify the date, location and time of the event for which the permit is sought, and shall provide an estimate of the duration of the event. At this time, permits to exceed allowable noise levels are not processed for private parties in neighborhoods. Section 7.40.200 states that: The City Manager or designee shall grant a pt.:.it in any instance in which the event and its accompanying noise will not, in his judgment, interfere unreasonably with the peace of those likely to be affected by the noise. In making this judgment, the City Manager or designees shall take into account the nature of the surrounding properties and the benefit to the community of the event for which the application is made. The permit shall contain a condition stating that the maximum noise levels permissible in Table 1, shall not be exceeded by more than ten decibels. The permit may also contain additional conditions deemed necessary by the City Manager or designee to protect the peace of those likely to be affected by the noise. The permit shall be subject immediate revocation by the City Manager or designee if any conditions of the permit are violated. TIGARD CITY COUNCIL MEETING MINUTES - February 20, 2001 page 6 The City receives a variety of requests for noise permits, especially in warmer weather months. Often those requests are for backyard wedding receptions, holiday parties, or birthday parties. The current Code does not give definition or guideline to what is meant by "benefit to the community." The City Manager has decided when taking "into account the nature of the surrounding properties and the benefit to the community of the event for which the application is being made," that private pa: ties in neighborhoods must stay within the maximum noise levels shown in Table I (Section 7.40.140). Ms. V:'i eaVey reviewed the current noise permit application process and the issues and rec; on-iiatendations with regard to permit processing. Summary of Staff Recommendations 40. The Community Development Department, with assistance from the Police Department, will take the lead in developing proposed ordinance amendments and permit processing rules. (Staff also proposes that Community Development Department would take the lead in processing exemption permits described in TMC Section 7.40.190.) Staff to research and develop updated language with regard to sound measuring, certification of equipment, and appropriate training on the equipment. ❖ Staff to review and update Code language. ❖ Staff to review language and develop proposed definitions to clarify terms used in the Code. As an example, define what is meant by "benefit to the community." ❖ Staff to develop language that would clarify guidelines with regard to deadlines for applications, neighbor notification, or other restrictions. ❖ Staff to review language and research Codes from other jurisdictions and recommend to Council if more specific language is needed for noise emanating from public facilities and whether a permit, exemption or exclusion process should be outlined for community events. (Definitions should be clear with regard to terms; for example, "community event" would be defined.) ❖ Staff to research and propose a processing fee to recoup some of the costs for processing permits. The 11ce should be set by resolution. Staff will also TIGARD CITY COUNCIL MEETING MINUTES - February 20, 2001 page 7 review whether there are instances where a fee waiver could be granted (e.g., a City-sponsored community event). ❖ Staff to research and propose language outlining standards that can be used to determine whether a violation of the noise ordinance has occurred. Staff would like to entertain the possibility that more than one method can be used. ❖ Include a public involvement component to develop the final proposal for Council review. Council agreed that staff should prepare an amending ordinance as outlined above. It is anticipated that proposed amendments to the Noise Ordinance would be ready in about six months, given the current staff workload and the complexity of some of the issues. Council also did not object to the interim process proposed, which includes the following: Administration staff would work with Community Development Staff to transition the responsibility to process permits for events that meet all of the following criteria: 1. The event is open to the public. (Regardless of whether or not a fee is charged.) 2. The event contributes to the overall good of the community. (Examples to help define "overall good of the community" include community- sponsored events, events sponsored by community-based nonprofit organizations, or an event receiving a City contribution or in-kind services.) Non-Agenda Item Councilor Scheckla asked for an update on the citizen complaint about late-night parking lot sweeping at the Winco property. Community Development Director advised that his staff was reviewing the situation and would report the outcome to the City Council. 6. DISCUSSION OF MEASURE 7 (CONTINUED FROM THE FEBRUARY 13, 2001, CITY COUNCIL STUDY MEETING. City Manager Monahan reported that no new information was available on Measure 7; discussion was deferred to the February 27, 2001, City Council meeting. 7. ADMINISTRATIVE ITEMS: ❖ City Manager Monahan reminded the Council of the Employee Recognition Reception at 3 p.m. on Thursday, February 22. TIGARD CITY COUNCIL MEETING MINUTES - February 20, 2001 page 8 ❖ Council members confirmed that the practice will be that staff members do not need to report to a Council meeting for Consent Agenda Items unless a Council member has called (in advance of the meeting) requesting more information. Mayor Griffith and Councilors Patton and Dirksen plan to attend the March 12 ceremony planned at the State Legislature to acknowledge the contributions of Mayor Jim Nicoli. Councilor Scheckia advised that he would be able to attend the Mayor's "Youth Forum Meeting" on February 27. Councilor Dirksen said he would also try to attend. ❖ Council members indicated they would support Mayor Rob Drake for reappointment to the joint Policy Advisory Committee on Transportation (]PACT). 8. EXECUTIVE SESSION: No Executive Session was held. 9. ADJOURNMENT: 9:34 p.m. Attest: ayor ity f r : a Za te LAD M\CATHY\CCM\010220. D 0C Catherine Wheatley, City ecor e TIGARD CITY COUNCIL MEETING MINUTES February 20, 2001 page 9 AGENDA ITEM # FOR AGENDA OF February 20, 2001 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Lon Term water su i u gate 4 41 PREPARED BY: Mike Miller 1IV~~EPT HEAD OK CITY MGR OK ISSUE BEFORE THE COUNCIL Public Works staff will update the City Council on the progress of the Portland Water Contract negotiations, Clackamas River (South Fork Water Board) option and the Joint Water Commission. STAFF RECOMMENDATION Staff recommends continuing to work on these three long term water options, until such time that sufficient data is available to make a decision by Tigard and it's Intergovernmental Water Board partners. INFORMATION SUMMARY Staff will brief Council and invited Intergovernmental Water Board members that are present on the interim purchase and long-term partnership opportunities with the Joint Water Commission. Additional information on the Joint water Commission option will be available after February 9, 2001. In addition staff will update Council on the two other alternatives; the Portland Water Wholesale Contract and the Clackamas River (South Fork Water Board) option. OTHER ALTERNATIVES CONSIDERED VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY Securing a long term water supply is the Vision Task Force goal to "actively participate in regional development of drinking water sources" and the Action Committee Strategy to "investigate developing partnership or contracts with other jursdications to develop a long term source of water". ATTACHMENT LIST FISCAL NOTES Each water supply option will have its own financial impact on the ratepayer of the Tigard Water Service Area. Currently we are not far enough along with these options to have firm preliminary developmental costs. AGENDA ITEM # 13 FOR AGENDA OF February 20, 2001 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Joint Meeting with Plannine Commissi PREPARED BY: Jim Hendrvx DEPT HEAD OK & ~ TY MGR OK ISSUE BEFORE THE COUNCIL The City Council holds an annual meeting with the Planning Commission to discuss current issues pertaining to the city. STAFF RECOMMENDATION N/A INFORMATION SUMMARY The Planning Commission and City Council meet annually to discuss items of common concern. Among the topics to be discussed at this year's joint meeting are: ➢ Transportation Funding ➢ Recreation District ➢ Water ➢ Comp plan amendments and zone change criteria A Commuter Rail ➢ ODOT Funds - 99W ➢ Planning Commission's role in the future ➢ Annexation policy OTHER ALTERNATIVES CONSIDERED N/A VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY Community Character & Quality of Life - Goal #1, City will maximize the effectiveness of the volunteer spirit to accomplish the greatest good for our community; Goal #2, Citizen involvement opportunities will be maximized by providing educational programs on process, assuring accessibility to information, providing opportunities for input and establishing and maintaining a program of effective communication. V ATTACHMENT LIST None FISCAL NOTES N/A is\cdadm\jerree\sum-pc meeting with council.doc AGENDA ITEM # FOR AGENDA OF Februarv 20. 2001 ISSUE/AGENDA TITLE CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY PREPARED BY: Jim Hendrvx DEPT HEAD OK TY MGR OK ISSUE BEFORE THE COUNCIL The Tigard Central Business District Association (TCBDA) contracted with the Oregon Downtown Development Association (ODDA) to develop a long term financial mechanism. TCBDA will provide an update on its activities at the February 20, 2001 Council meeting. STAFF RECOMMENDATION No action is necessary. INFORMATION SUMMARY The City has had a long term goal of assisting in revitalization of the downtown. Two and a half years ago, the TCBDA was formed to promote the economic health and development of the Central Business District. Made up of business and property owners in the downtown, with assistance from the City, TCBDA has contracted with ODDA to help secure an alternative source of long term funding for the Association and the downtown. The Association has established a tentative budget and work program, and developed funding options to meet the work program and budget. Preliminarily, the budget totals $90,000 with businesses, property owners, and the City contributing equal shares of approximately $27,000. Additional funding would come from promotional activities. TCBDA needs to update the Council on its activities over the last four months and outline its tentative funding proposal before focus meetings and community outreach is initiated. Council's concurrence is essential before the next phase of outreach occurs. TCBDA will provide an overview of its activities since November and outline funding options. OTHER ALTERNATIVES CONSIDERED N/A VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY Community Character and Quality of Life/Downtown, Goal #1 - Provide opportunities to work proactively with Central Business District (CBD) businesses and property owners and citizens of Tigard to set the course for the ftiture of the central downtown area; Strategy #1 - Tigard's CBD: Be Proactive; Action Plans - Explore options: Outside expertise (i.e., Economic Dev. Dir., Livable Oregon). FISCAL NOTES Community Development has $50,000 approved in the 2000/01 budget for consultant services to assist in preparation of downtown planning. Funding for the part-time Downtown M::nager and contracting with ODDA are included in this amount. Out of the $50,000 budgeted, Council has authorized $35,860 for the part time Downtown Manager and incidental office expenses, contracting with ODDA, and banners for Main Street. To date, $24,883.26 has been spent for purchase of the banners, contracting with ODDA, and expenses for the Downtown Manager. is\cdadm\jerree\jim\general\tcbda 2-20-01 sum.doc y Dr. Brad Smith Tigard Central Business District Association - Funding Proposal j~ 1 Dr. Brad Smith Tigard Central Business District Association - Funding Proposal Dr. Brad Smith Tigard Central Business District Association - Funding Proposal Dr. Baud Smith Tigard Central Business District Association - Funding Proposal 4 Co un 61*2 Meehi n i5te TIGARD BLAST "A celebration of Family and Community" August 3rd, 4"' and 51h (Fri., Sat., and Sun.) Friday August 3rd: 5PM to 10:30 PM Multicultural Festival featuring Ethnic food and entertainment as well as Arts and Crafts. A Beer Garden and a Candlelight vigil down Main Street in remembrance of a passed loved one. Saturday August 4th Parade 9AM to 10:30AM Continuous family entertainment on the stage Kids interactive play area Arts and Crafts booths Food Booths Hi-Tech Booths Professional/Community Service booths Display of Firetruck, Police vehicles, National Guard Portland Fire Dancers Display of Vintage/Classic Cars Petting Zoo Street Clowns Magicians Face Painting Pony Rides Small Train Rides Bathtub Race Teen Dance Beer Garden (5PM to 10:30PM) Friday and Saturday Showband and Dance (5:30 PM to 10:30 PM) Saturday Sunday August 5`h Tigard Chamber of Commerce Sponsored Walk/Run *This is a proposed list of events and is subject to change Tigard Central Business District Association 12420 Sw 14ain street Tigard. Oregon 97223 503 799 3693 Craig Prosser February 4, 2001 Finance Director City of Tigard13125 SW Hall Blvd Tigard, Oregon 97223 Dear Mr. Prosser: Thank you for your inquiry regarding grant funds for the Tigard Days Festivities, as it relates to the City of Tigard FY 2001-02 budget. The Tigard Central Business District Association (TCBDA) will, for the first time, be the official sponsor of this City-wide event. As you may be aware, there was no one that stepped forward and made the effort to stage the event last year (2000) and the Association has already set into motion the necessary planning and scheduling for the City's annual event. The TCBDA strongly believes that Tigard needs to have an annual festival with which its citizen can identify, the principal reason for us to sponsor the event. We are also aware that there is some negative image that arose from past efforts that the citizenry did not appreciate. To overcome this we feel that there should be a contest to name the future festivals, one that may acknowledge the past but most definitely recognizes that Tigard is definitely part of the regions future. As this is a new undertaking for this Association, we are without a historical precedence for conducting this festival, i.e. actual past expenditures, audit report for last fiscal years event, etc. However, let me be quick to point out that for the previous two months, we have drawn up plans and schedules for the events of the festival, and have our preliminary budget for your consideration. It is my understanding that the City has a copy of TCBDA's Articles of Incorporation, our tax exempt status, and organization bylaws submitted to justify the commitment by the City of Tigard of grant money to permit the start-up of our organization. Thank you for your consideration of our request. If you would also like to meet with the Festival committee to determine the status or commitment to successfully presenting this City-wide event, please contact me. Sincerely, William Wadman Downtown Manager, TCBDA Cc: Alex Tancuan, Chair Penny Connor, co-chair John Sundquist, co-chair BUDGET FY 2001 TIGARD DAYS FESTIVAL BUDGET ITEM TOTAL TWO DAY COST S Sound System 1,600 Stage Lighting 250 Stage with canopy and safety rails 1,630 Audience cover 440 Delivery and set-up charge 125 Beer Garden Canopy with side walls 810 Dressing Tent (next to stage) 300 Astro Turf (children' area in front of stage) 200 Tables, 30 -36" round 450 Chairs, 180 630 Beer Garden lighting 100 Licenses and Permits undetermined this date Raffle Ticket Printing - 100,000 individually numbered tickets 3,588 Entertainment Costs: (Includes 300 for Stage Manager for Friday and Saturday) Friday night 300 Saturday Day 800 Saturday Night 2,500 3,600 Advertising 5,000 Staff/Volunteer T-shirt identity Security - orange; Volunteers - yellow 310 Postage 310 Printing 100 Portable Toilets 465 Dumpster Donated by Vendor 000 Trash containers on wheels, donated by vendor 000 Hand-held radios for security and volunteer supervisors 400 Electrical Contractor, undetermined this date Street cleaning Donated by vendor Coast Sweeping 000 FUNDING TCBDA Funds on hand 2,500 Corporate Sponsorships - To Be Solicited March-April approx 7,500 TIGARD FESTIVAL PROJECTED BUDGET AS OF Feb. 2, 2001 Expenditures 20,338 Pre-Festival Funding 10,000 Current Pre-Festival Start-up Deficit <10,338> TCBDA believes that our first Festival will break even CITY OF TIGARD, OREGON 13125 SW HALL BLVD TIGARD, OREGON 503 639 4171 FY 2001-02 COMMUNITY EVENT FUNDING REQUEST Event Name: TIGARD DAYS FESTIVAL Address: 12420 SW Main Street City, State, Zip Tigard, Oregon 97223 Contact Name: William W. Wadman, Downtown Manager, TCBDA Telephone Number(s): 503 799 3693, or, 503 636 7326 1. Request: (e~oss in whole dollar amounts) Cash $10,000 In-Kind Services: Police: Fri night 4-8 Sat Parade Approx 20 route dependent Sat PM Approx 8-12 Sun C of C run, up to 20 route dependent Maintenance: Sat Parade Barricades, 8 workers Sat PM partial street barricades 8 workers Sat PM or Sun AM barricade removal 9 workers OHCS - COMMUNITY INCENTIVE FUND APPLICATION SUPPORT DISCUSSION - January 29,2001 - PORT-LAND My name is William (Bill) Wadman. I am the recently hired Downtown Manager of the Tigard Central Business District Association, (TCBDA). The Association was formed two years ago when the District Businesses and the City of Tigard recognized the need to revitalize the Downtown Area. The Downtown area growth rate began to diminish when an overcrossing for Pacific Highway, also know as State Highway 99 West, was built to cross Fanno Creek, Tigard Avenue, Commercial Ave and three railroad tracks that crossed SW Main Street. This overcrossing bypasses SW Main Street. It is that overcrossing that brings this application forward to you at OHCS. The southern most end of the overcrossing, closest to Fanno Creek, has a pedestrian path to provide safe crossing under Pacific Hwy, as it is typically referrred to in Tigard. For years this undercrossing for pedestrians and bicycles has afforded safe passage for our citizen users. The entry under the bridge is about 150 feet from the sidewalk on SW Main Street. The path is somewhat a meandering one with buildings close to SW Main St and shrubbery and earthen embankments as one enters under the bridge structure proper. Even in the daylight hours the light intensity in the undercrossing immediately under the bridge structure decreases markedly as one approaches the center of the overhead structure. At night, there is no artificial light under the bridge, and that area of the pathway and adjacent areas are almost black. Within the last two years, the area has become a haven to increasing numbers transients, alcoholics, and purveyors of illicit chemicals. The layout is quite convenient to flight from either direction when law enforcement approaches, which they must do on foot from either direction. The lack of a lighted understructure does not permit ready surveillance by a slowly passing police cruiser. The distance from the street down the meandering path complicates the visual line of sight for the surveillance. Preliminary engineering studies have determined that exclusion cages can be built on the ODOT right-of-way upon which the overcrossing structure is built to prevent the use of the areas to each side of the pathway as a haven for unwanted activities. This will require some regrading, addition of rip-rap, and installation of the gated, exclusion structure. In addition to that, the installation of vandal-resistant lighting with sufficient luminescence would provide ample lighting for ready surveillance of the area from the street by the Police Department. The lighting would also permit pedestrian traffic to see that the area is clear of any questionable loitering persons. And, lighting would discourage the use of the area as a transient sleeping location. A powerline drop from nearby electric power poles would need to be installed. We have received citizen-on-the-street comments that have made us aware that mothers from a nearby SW Main Street apartment complex that walk their children, or push their strollers during evening walks are very apprehensive about using the current pathway. Many businesses on SW Main Street have commented about the concerns for the activities, filth, and concerns for safety of their workers that use the pathway, and the impression its condition makes on downtown visitors and clients. One area of concern during passage through that area in daylight hours is that of very young students from the St. Andrews Parochial School on Pacific Highway are led down that pathway to walk to the City of Tigard Library on Hall Avenue. Parents of I" and 2nd graders have told me of their childrens' comments about seeing underwear, liquor bottles and trash, sleeping transients and more. The budgetary process has been disrupted by the passage of various measures that have impacted the ability of city, county and state government to remediate problem areas such as this pathway. It for that reason that the OHCS Community Incentive Fund is so valuable. The proposed solution will cost $22,000.00. Several parties have tried to respond to the solving this problem. The City of Tigard budget is too limited to offer partial financial support at this time. The PGE electric company has neither the budget nor the responsibility, but was approached regarding donated lighting. The Oregon Department of Transportation is willing to perform the construction, installation of lighting supporting $10,000.00 of the cost. That leaves approximately $10,000.00 for the matching of the ODOT funds, plus $2,000.00 to provide metered power to the sight, which we are requesting as a grant from the OHCS Community Incentive fund. We request this as a grant, rather than a loan, because the TCBDA is in its formative stages and does not yet have a sustainable source of funding. Thank you for your interest, and consideration of this project for funding to help make our downtown a safer place to visit, anytime. OHCS USE ONLY Oregon Livability Initiative Project # COMMUNITY INCENTIVE FUND APPLICATION (Complete for all applications). PROJECT NAME: Downtown Tigard Pacific Ave (SR 99W) Pedestrian Undercrossing Safety Upgrades Project Address: 12420 SW Main Street Tigard \ 97223 Washington Street Address City Zip County BRIEF PROJECT DESCRIPTION: An undercrossin from SW Main, on the SF side of Pacific Highway, to the NW side of Pacific highway is in need of regrading of the slot erecting exclusion canes and installing vandal resistant lighting to imyrove usability, safety, for our citizens and workers. FUNDING REQUESTED OWNER ENTITY Total Project Cost $ 22 000.00 X Not For Profit Entity Other Funds $ 10 000.00 _X Local Government Total Amount Requested $ 12,)00.00 _ For-Profit Entity Grant Amount: $ 1.2 000.00 Loan Amount: $ Willing to accept either yes no X Credit Enhancement $ APPLICANT/SPONSOR: Name: Tigard Central Business District Association Contact: William Wadman Address: 12420 SW Main St Tigard. OR 97223 Phone:503 799 3693_ / Fax: E-mail WWWadmanllI n netscape net Applicant Tax 1D# 1108841-3 (OR) OWNER: (if different than above i.e. Corp, or LLP) Name: Contact: Address: Phone: / Fax: E-Mail Co-Applicant Tax ID9 Indicate to Whom OHCS Should Direct All Indicate the entity that will be responsible for Correspondence: the development and compliance of the project and to whom funds should be awarded and disbursed. Name: William W. Wadman III Name: Tigard Central Business District Association- Address: 12420 SW Main St Tigard, QR 97223 The undersigned, being duly authorized to submit this application on behalf of the named Applicant, hereby represents and certifies that the information provided, to the best of his/her knowledge, is true, complete, and accurately describes the proposed project. If funding is received, undersigned further agrees that Applicant will comply with all state and or federal requirements that apply to the use of the requested funds. Name and Signature of Authorized Individual. Signature: Title Downtown Manager Name (Please Print) William W. Wadman M Date January 19 2001 PROTECT DESCRIPTION PROJECT TYPE Economic Development/Jobs _ Number of jobs created Housing or Mixed-Use Development -Total Number of Housing Units _ Commercial square footage _ Number of years affordable X Public Facility X Infrastructure ANTICIPATED PROJECT ~ Property Acquisition (if any) Final Engineering Design: Contract Award : Construction Start: Construction Completion: SCHEDULE None March 30, 2001 April 2, 2001 May 1, 2001 May 15, 2001 SITE CONTROL LEGISLATIVE DISTRICT OF PROJECT Deed Congressional Land Sale Contract State Senate Earnest Money: Expiration date State House LOCATION OF PROJECT SERVICE AREA APPLICATION CHECKLIST (include all items) X Inside city limits Application/Project Description Outside the city limits, but within the UGB Response to Narratives of Applicable budget (Housing or mixed-use, Urban unincorporated community Economic development/business; Public Rural community Facility; or Infrastructure) with attachments (served by community water & sewer) Preliminary design Rural service center Letter from local planning agency that site is (served by community water & sewer) properly zoned for intended development and located in eligible area (city, UGB, urban unincorporated community, rural community, or rural service center Interest/commitment letters from other resources Respond to the following narrative requests. Keep in mind that the responses should be brief (no more than 250 words each) but still provide enough information to fully describe your proposal. 1. Describe the overall concept of the project. What will the project accomplish and what are its physical characteristics. 2. Describe why the project is needed in your area. 3. Describe how the project is consistent with local community goals or comprehensive plan. 4. Describe how the project meets one or more of the Livability Initiative objectives (refer to specific initiatives listed under Background in the program overview materials). 5. Describe how the project promotes achievement of the Governor's Quality Development Objectives (listed in the program overview materials). 6. Describe what you have done or will be doing to obtain assistance from other funding sources to pay for the project and discuss timelines for commitment. If you are a benefited property owner describe any investment or equity in the project. (please attach letters of interest or commitments for other resources, if available) 7. Describe the requested financing mechanism (loan, grant, credit enhancement) for the Community Incentive Funds and describe any ability to repay the funds. For loans, describe proposed term. 8. Describe the proposed development team, their roles and qualifications for undertaking this project (for example, developer, architect, city staff persons; etc who may be working on the project). 9. Describe who or what jurisdiction/entity(s) will own, operate and/or maintain the proposed project and how on going operation and maintenance will be finance Tigard Central Business District Association 12420 SW Main Streel Tigard, Oregon 97223 503 799 3693 NARRATIVE: TCBDA Undercrossing Upgrade Project Application (numbers per page 2 of application) A pedestrian undercrossing between SW Main Street and the NW side of Pacific Ave (State Route 99W) is located at the foot of the SW base of the overcrossing of Pacific Highway over Fanno Creek, Tigard Ave and the three sets of railroad tracks. The dark and recessed path has become a haven for transients, alcoholics, and drug dealers, and is not readily accessible to police surveillance. Citizens and workers from the downtown district that utilize the path feel that they are at increased risk using this formerly safe crossing. A joint solution between the city police, Oregon Dept. of Transportation (they own the overcrossing), the city ( they own the undercrossing), and the Tigard Central Business District Association (they are pledged to revitalize the downtown area and make it safer), is to install vandal resistant lighting, regrade and rip-rap the banks, and install exclusion cages with gates for ODOT use. According to an informal survey of former users and users of this undercrossing, this improvement would allay the worst of there fears while using the undercrossing. ODOT does not have an adequate budget to perform the project at this time. Because the remedial work is on an ODOT rightof way and would be under the general control and maintenance of ODOT, the City of Tigard feels that they should not be involved in the funding, beyond patrolling it. PGE has neither the budget nor authority to install their systems under ODOT strucrures. ODOT has approximately have of the necessary amount for the project. We at TCBDA are seeking the remainder in order to complete this much needed safety improvement. ODOT has agreed to do the engineering, and the construction and installation with their personnel. William Wadman of TCBDA will maintain oversight and co-coordination of the project for our organization. 2. The project will discourage the undesirable element from congregating there. It will permit visibility for the police to establish their presence in the night time hours in order to determine if action is necessary. It will provide safer passage for the downtown workers and local citizens. It will help the TCBDA to revitalize the downtown business district. 3. A major goal in the overall community and especially the Downtown District is to provide a safer, better lighted, pedestrian friendly area for citizens to move freely through the business district and along the Fanno Creek Park pathways. 4. This project will have a direct influence on the revitalization of the Downtown district and SW Main Street by providing a safe, well lighted, undercrossing to a very heavily traveled four lane thoroughfare. Many of the residents of a nearby apartment complex on SW Main St. enjoy evening walks, and are also desirous of expanding their walking area. This project would serve them as well. 5. The Governor's Quality Development Objectives would be addressed by the improvement in the livability of the area because of the improve safety for the user/citizens. This undercrossing is a public resource with decreasing usage because of the increase in the unpleasant activities being conducted under the cover and remoteness of this undercrossing. 6. There have been meetings, written and telephone communications between the City of Tigard Planning Department, City of Tigard Police Department, Portland General Electric (PGE) Oregon Department of Transportation (ODOT), and the Tigard Central Business District Association (TCBDA). The City of Tigard supports and patrols the undercrossing but has no authority to reconstruct the undercrossing that is on ODOT right-of--way and the associated overstructures. PGE understands the program, but has neither the budget nor authority to attach lighting to ODOT structures. ODOT is both willing and able to perform the engineering of the exclusion fencing and lighting, but lacks the adequacy of budget to carry the entire project at this time. Without matching funding, this project to improve the safety of the undercrossing area will not be accomplished in a timely manner. The passing of measure 47 has sharply curtailed the amount of funding available for many project without high visibility. Each week that passes pennit our problem population under this overcrossing to become larger, as that element to feel safer with their use of the location. The TCBDA timelines for this project, assuming a 60 day review and approval period, and an added 30 days for fund allocation, permit a startup date of May 2, 2001, with completion in approximately two weeks. 7. TCBDA is a new organization, and is currently working on a funding mechanism to provide the necessary budget to support the Association offices, staff and provide for promotional budget to acquire funding for revitalization projects for the District. Without a guarantee of achieving this, we have no funding mechanism from which to repay a loan. We therefore respectively submit our application into that of the Grant Category. 8. Our partner in this project is the ODOT. ODOT has agreed in writing to engineer, regrade and rip- rap banks, buy and install the lighting, and design, construct and install the exclusion cages for the area necessary of the underscrossing. ODOT has only one half of the budgetary resources, and has pledged that amount toward this project. They have provided TCBDA with the estimate budget within which they can achieve the completion of the project. 9. ODOT will have construction knowledge of the facility. The facility resides on their right-of=way, and will therefore be maintained by ODOT. OREGON January 25, 2001 Tigard Central Business District Association 12420 SW Main St. Tigard OR 97223 Approximately one year ago, the Tigard Police Department brought your attention to a safety concern regarding the pedestrian underpass below Highway 99W, near the Fanno Creek Trail. The area has erupted into a mecca for loitering and transient camps. The safety of the area is challenged by evidence of human feces, used syringes and condoms, decaying food and garbage of all types. At times, people congregate to engage in alleged illegal activity. All these facets litter the area under the overpass and along portions of the trail. A factor that appears to foster the attraction to loiter and abuse the area is the remoteness and darkness the overpass affords. This agency contacted the Oregon Department of Transportation, who controls this public right of way. After a tour of the area, ODOT's regional manger concurred with us that the problem is serious. It became apparent to everyone involved that there is an immediate need to enhance the safety of area. However, we were immediately faced with what means can improvements be made. ODOT upfront advised this office of significant budgetary retrains. ODOT and Tigard Police agree that lighting would likely produce immediate positive results. Police on routine patrol along Main St. would have dramatic improved visibility of the underpass area-directly from their patrol vehicle. I cannot stress enough the importance of "healthy usage" for this trail area and pedestrian walkway. At present, common knowledge for some of the "locals" is that the area is unsafe-and as a result we do not benefit from the citizenry providing the additional "eyes and ears" that the police rely heavily on in efforts to reduce crime. If the area can be enhanced, we are confident that would encourage the solid citizenry to utilize the area more and therefore bring a natural surveillance to the area to maintain its livability. Another problem the 99W overpass fosters is ability for transients to establish "camps" under one of the bridge supports. This area, coincidentally is immediately adjacent to the underpass area previously mentioned, however not directly accessible from it. ODOT made suggestion to install fencing to prohibit entering into this weather-protected area that has attracted the camps. Concerns are escalated during colder weather months as evidence of significant "camp fires" scar extensive portions of the overpass walls. Once again, unsanitary litter and filth cover the area at times. 13125 SW Hall Blvd., Tigard, OR 97223 (503) 639-4171 MD (503) 684-2772 The Tigard Police is always available in efforts to help resolve the safety issues of the area. However, our resources can limit our ability to make long term improvements. The need for physical improvements such as lighting and fencing is paramount to our ability to enhance the safety of the area. The Tigard Police Department strongly advocates the need for the improvements. The Tigard Central Business District and this department have partnered in numerous efforts to cooperatively make Tigard Downtown an enjoyable and desirable location to visit. We strongly support your efforts to secure the necessary funding to accomplish that. Sincerely, Ron Goodpaster, Chief of Police Tigard Police Department January 25, 2001 Tigard Central Business District Association 12420 SW Main Street Tigard, Oregon 97223 OREGON I am writing in support of the Tigard Central Business District Association's application for a Community Incentive Fund grant to partially fund the Downtown Tigard Pedestrian Undercrossing Upgrade project. I understand the project's goal and its importance and firmly agree with the Business Association's strategy of focusing on the undercrossing upgrade as its top priority improvement project. The area in question has long been an attractive nuisance and its use as a transient hangout is a major obstacle to the creation of a walkable and safe mixed use downtown area. The installation of vandal resistant lighting under the pedestrian segment of the bridge structure along with the other proposed improvements will advance an important crime prevention effort. Poor lighting contributes to the area's present high crime conditions. Better lighting would increase the visibility of the area for police, downtown residents, and customers. Although not touched on in the application, the undercrossing project is important from another standpoint. The area targeted by the grant proposal includes a needed portion of the City's highest priority trail system. The underpass pathway is a key link in the future Fanno Creek Trail proposed to extend along the length of Fanno Creek as it flows through the Tigard community. The City has been working steadily to complete a continuous trail along the creek. New trail segments upstream and downstream of the underpass were completed and open to the public just a few months ago. A new upstream segment is programmdd for construction during the summer of 2001. The next scheduled link, tentatively scheduled for summer 2002 construction, will connect to the underpass path. Significantly, the Tigard trail is part of the Regional Trails System and the historic 40-Mile Loop. The completed trail system will connect seven different communities located in two different counties. In addition to being part of a larger strategy to revitalize the older downtown area, if selected for grant funding, the underpass project will play an important role in advancing the City and regional strategy of interconnecting westside communities with a high use greenway bicycle/pedestrian trail. 13125 SW Hall Blvd., Tigard, OR 97223 (503) 639-4171 MD (503) 634-2772 In conclusion, we applaud the downtown association's ongoing efforts to revitalize Tigard's historic downtown. The proposed project will contribute importantly to the Association's and City's goal of creating an active and reinvigorated Main Street area and to the achievement of other important community goals. We urge your support of the Association's grant proposal to upgrade the Pacific Highway underpass. Sincerely William A. Monahan City Manager s Key people for forum Pat Furrer Attorney at Law Mike Scott Attorney At Law Dan Dolan A-Boy Dennis THompson Main Street Car Wash & Shell Alex Tancuan Cyber Cafe Nip Capistrano Various Property Jerry Cash Realtor Penny Connor Razz Ma Tazz Martha Bishop Property Owner Doug Lee Cafe Alegro Thelma Magno Magno Humphries Shelley Brown Ted Blocker Holster, Inc. Toby Wiltse Kadel's Autobody Main Street Village Property Owner W. Mccall Rite Aid Complex Page Stevens Steven's Marine George Kady Tigard Cylce & Ski S. 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F U p C a U- 3 X # C Cp 0.C n" h y v r:' a Z U U 0 U U raj Q ❑ a> 4 y G" 0 L1 U ; m Co vi 0 ro Y a-t ro uF0 w_ .0" A t7A 0 0' Gft7 c 0 0 9 0 o a c o3 0 0 a RE c~ ; j C L SEP Opp i A6 a November 16, 2000 trying to get Officer: Wetre policing' struction in the 12100 block of back to the old Style The Tigard Police Department 'yogi, 15660S.W,pacific Highway. f Southwest o ed the overnight,ODOTalsoplansto the following arrests eAvandalNov.9brokelookson Some ~one l NOv.BLp npP 2 U, 9009 S.W. door lock on a vehicle parked at the ■ Continued from Page Al ing re erred a trailer at Factory install lights and to fence off a ttOU' between Saturday, Nov. 4, and 16106 hi Hall Blvd. a and other refuse dumped in a vacant blesome area once funds are avail Nov,10; teen Nissan Durham Park Apartments, . Attempt to elude- i; menacing ® Nov, 9 Two stole ma a les in pink a g area beside the building, wc able " i h bottle of wine S' IS A burglar Nov. 8 stole a blood attractedkids, In addition, a pedestrian path and Friday, 2{ criminal mischief l;resist• 10650S.A . g "We haven't had enough man- ded through 6; from 7-Eleven, pressure cuff and ate candy at a resi• bikeway will be exten in arrest - 1; drug-related - suit power to allow me to do this as often Y it more inviting for g 1; war• McDonald St. dente in the 13200 block of HUGHES . 9 damaged a Dinen said, "I told the area, making theft 13; trespassing - ■ A vandal Nov Southwest as 1 would like:' the eneral public to use, rant who has been with the s - l; assaults 4; restraining vehicle with shaving cream and nail Walnut Street. the chief 1 would like to do this at Dinen, wh order violation -2; runaway -1; in the 11800 block of III Two customers Nov.' 7 left The following individuals are least once a week for two hours. olish paying for haircuts from being sought by the sheriff's and Police Department for three information to a police P without Masola's Shears Ahead, 10163 S.W ouicet County -been bus training recruits, but now Tig 1 forgery Southwest Tigard Drive. ofiice• Mfit ~lattftew Lake ' Y g ears after previously serving with giving false officer -1; burglary - ; ®Someone Nov. 9broke the win- Road. ltughes'(5-feet-11, 200 we've got the positions filled and 1 he Multnomah County Sheriff's Of 2; driving under the influence - f Nov. 7 stole cigarettes pounds, brown hair, blue will have more time, office, is hopeful that by the end of 1 and dow out of a motor home that was Greenberg p "We're trying to get back to the 1; attempted murder - parked in the 14500 block of ® A thief eyes), age 29, is wanted on a this year, he will be able to work on and compact discs from a vehicle at ful use of )weapon-l• warrant for failure to appear old-style to have more con- n Y a Someone Saturday broke into a Southwest 103rd Avenue. Irked at Batting's Pie House, tact with people. I'm an unofficial Main Street a regular basis unlaw at the Autumn Oaks Apartments, 1 1477 S.W. Pacific Highway. a probation violation hearing to P instead of fittin ng it into his other vehicle parked at Winco, 7500 SA ®A burbler Nov. 9 entered a unit parked member of the downtown business duties. ®An 18-year-old male Nov. 7 in authorized with a charge of was s set at use $55of 55a vehicle. how I met all walk u Damnouth St. Nov. 11200 S .W. Greenberg Road• tried to pass a counterfeit $100 bill at Baud unauthorized assocrahon, and "When I getI iere , l try to up ® A burglar sometime from 12144 S W fe ~et•0, . i A thief Nov. 9 stole mountam Jr. Restaurant, Jasumy Leo Sult 46 the business people and have gotten and down the street and to be a visi- 8 to Saturday entered a residence in Road. 200 pounds, blond hair, blue " Dirren said. "I the 1000 block of Southwest bike parked at Tigard High School, Carl's Scholls ferry to know their concerns and goals. ble presence, 9000 S.W. Durham Road. burglar Nov. 6 stole food eyes), ago 24, is wanted They were thrilled to have a face to haven't been in every business yet, ® A white male in the back seat of ® A burg ear warrants, recognize." p blue but I'm working on it. It would be Elmhurst Street. two failure to app ~t tee juvenile males Saturday dark colored ford Taurus Nov. 9 from a unit at the Tigard Terrace in connection with hearings on Apartments, 12345 S.W. Hall Blvd possession of a In addition meeting local bus' real if I could say that this is my told a man in the 11700 hatch of a us someone Nov. 4 stole tools charges of Southwest Tigard Drive that they fired a cap gun at students at Tigard AP ness people face ce to face, Dirren also district I wouldioveto have a deli rive h School, 9000 S.W. Durham parked at Home controlledsubstance (metham• receives copies of all reports on inci from a vehicle PIrS W Sequoia pheiamine) and failure to Gated time each weekday to be here. were goin to get a gun and kill him Road. De ot, 1G8o0 appear l. Bail totaled 9111,110. dents that occur when he is off duty, rule chief is excited about this ®A vandal Friday knocked over le Three Road. Anyone with information so he can follow up with the people concept of old-fashioned policing. recycling bins and a basketball hoop Hispanic males Nov 9 p involved. 115570 S.W. Pacific ®A thief within the last month about their whereabouts o ' roblems that He has a vision. In thee: old days, in the 9800 block of Southwest View • 3afew ay ~ out ofd vehicle parked at prole three checks and cashed them 'should contact the Detectives One of the on,omg p after police got off their horses and Terrace. 7320 S.W. switched to cars, they drove convert- A thief N ov. B stole a dishwash from The Carl Grou Division at 846 2500. has significantly improved is remov- A burglar Friday entered a 1lighway. p, ing transients Who were staying ibles so it would be easy forpeople home and stole a wallet in the 8900 a overnight under the 99W overpass. to have face-to-face contact with block of Southwest Center Street A er and range from a house under con Hunziker St. man and his wife were at home at the "We've had a few problems+'tth them. The chief has suggested that 8 homeless people," Di ren said. maybe I can ride around in a con time. "LaborReady attracts transient peo- vcrtible to retain that contact. I s Someone Nor. 9 broke a wine i q t ple, and the first ones there in the could live with that" dow and entered a vehicle parked in mental anti mo,,ing'get thejobs. Last summer, Presently, the department has a the 14800 block of Southwest 106th p~ t rr I 11 some would sleep overnight in their Volkswagen Bug for a police car, so Avenue. ~ a cars to be there first in the morning. a convertible is definitely y not ® An employee Nov. 9 allegedly -tune-up ~y t' h~4pggq ! y"a . With the liquor store on the comer, it beyond the realm of possibility. stole $1,590 from the safe at Hog' 'hcPUiGa'y ~n XA$ wasn't a good combination. . ' "Others lived under the bridge g dmn i~ ley g! were dealin ,dunking, g Feist Gorge" l Under New Management ru i drugs. They made little homes up Expandzd services under there, andjust dwingac on Clip°on Hair .ieces Hair Nails Tanning dTattooing flair removal there:the street, you couldn't see back in Ld Open Every Sunday a.m. ' Soon 1 ! The police have been working &Fun 10,30 A at • Mud Treatments i with the Oregon Department of yap''ars School Coming Soo eEasy 1 a Transportation, which owns 99W, to . oQHICk 800 N Sherwood Blvd spa services A4aomi * Facials S problem. Signs have Sherwood, Oregon Call about our great holiday gif resolve the p n Colors been posted prohibiting manyactiv- n1 l operra~ed 'ties such dumping, sett'nfires, Ayalable $15/month unlianaged WiTsseeing up tents or lean-tos and stay Tai as 1®w as 1 09k Great I co7n7nu asft,~ 503) 692-3848 r 503, Q~l6i84 lednrli,~,-=$qunr0.,it{lua~n(i N. • • iaxa~°~I~ d- • - 95 - enGY. Anderson (9v Apeointrnent) . ► AGENDA ITEM # 15 FOR AGENDA OF February 20, 2001 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Review and Discuss Proposed Amendments to the "Noise Ordinance" PREPARED BY: C. Wheatley, G. Gaston DEPT HEAD OK _ CITY MGR OK ISSUE BEFORE THE COUNCIL Review and discuss the proposed amendments to the City of Tigard "noise ordinance." STAFF RECOMMENDATION Staff recommends that the "noise ordinance" be amended to aid in the administration and enforcement of the Code's provisions. A list of staff recommendations is contained in Attachment 1, Page 7. In addition, staff recommends that the process to amend the ordinance include opportunity for public comment. INFORMATION SUMMARY Attached is a detailed report on the current "noise ordinance" outlining the problem areas and staff recommendations for strategies to address the problems. City Recorder Cathy Wheatley and Deputy Recorder Greer Gaston met with Police Chief Ron Goodpaster and Community Development Director Jim Hendryx to identify, issues with the current "noise ordinance." These issues are outlined in Attachment 1. OTHER ALTERNATIVES CONSIDERED Add to or modify the staff's proposed recommendations for amending the "noise ordinance." VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY Community Character and Quality of Life - Communication, Goal No. 1 - To include an opportunity for input on community issues and effective two-way communication. ATTACHMENT LIST Attachment 1 - Review of Tigard Municipal Code - Article IV - Nuisances Affecting the Public Peace. Attachment 2 - Excerpt from the Tigard Municipal Code - 7.40, Article IV. Attachment 3 - Summaries of information about "noise ordinances" from other jurisdictions. FISCAL NOTES Fees to process permits and enforce this section of the Code are not being charged at this time. If Council decides to approve a processing fee when the ordinance is presented, then some of the expenses associated with noise permits would be recovered. I:\ADM\CITY COUNCIL\COUNCIL AGENDA ITEM SUMMARIES\NOISE 020220.DOC Review of Noise Ordinance Attachment 1 Review of Tigard Municipal Code Article IV - Nuisances Affecting the Public Peace - Noise Introduction: Current Code Provisions and Application of Section 7.40.200 The purpose for bringing this matter before the City Council was prompted by the administration of the provisions contained in Section 7.40.200. This section pertains to when permits are required for exceeding allowable noise levels. Section 7.40.200(a) states: The use of amplified voice and music or creation of noise at levels which would otherwise exceed those permissible under Section 7.40.130 through 7.40.190 may be allowed upon application to the City Manager or designee. Application for an amplified sound permit shall be made to the City Manager or designee on forms prepared by the city. The applicant shall identify the date, location and time of the event for which the permit is sought, and shall provide an estimate of the duration of the event. Tigard Municipal Code 7.40, Article IV is attached (Attachment 2) and outlines what is commonly referred to by staff as the "Noise Ordinance." At this time, permits to exceed allowable noise levels are not processed for requests for private parties in neighborhoods. Section 7.40.200 states that: The City Manager or designee shall grant a permit in any instance in which the event and its accompanying noise will not, in his judgment, interfere unreasonably with the peace of those likely to be affected by the noise. In making this judgment, the City Manager or designees shall take into account the nature of the surrounding properties and the benefit to the community of the event for which the application is made. The permit shall contain a condition stating that the maximum noise levels permissible in Table I, shall not be exceeded by more than ten decibels. The permit may also contain additional conditions deemed necessary by the City Manager or designee to protect the peace of those likely to be affected by the noise. The permit shall be subject immediate revocation by the City Manager or designee if any conditions of the permit are violated. Review of Noise Ordinance - Page 1 The City receives a variety of requests for noise permits, especially in warmer weather months. Often those requests are for backyard wedding receptions, holiday parties, or birthday parties. The current Code does not give definition or guideline to what is meant by "benefit to the community." The City Manager has decided when taking "into account the nature of the surrounding properties and the benefit to the community of the event for which the application is being made," that private parties in neighborhoods must stay within the maximum noise levels shown in Table I (Section 7.40.140). Following are two pages outlining steps to obtain a City of Tigard Noise Permit. The first page is for permits in general. The second page outlines steps for obtaining a City of Tigard Noise Permit for the Tigard Armory. The reason for the two processes occurred after neighbors experienced problems with events scheduled at the Armory. After working with the Police Department and City Administration Staff, the Armory staff agreed to work with the City and follow the process outlined. Review of Noise Ordinance - Page 2 Steps for obtaining a City of Tigard Noise Permit Applicant contacts City Admin and relays details of the event City Manager gives initial approval/disapproval whether event meets criteria to qualify for noise permit: • if the event and its accompanying noise will not, in his judgement, interfere unreasonably with the peace of those likely to be affected by the noise • take into account the nature of the surrounding properties and the benefit to the community of the event for which the application is made Applicant is given a packet of information including: • Noise Limit Permit Application • Neighborhood Notice of Application for Noise Permit • Map of neighbors to be notified • Labels of neighbors to be notified within a 250 foot buffer of the event property Applicant completes Neighborhood Notice of Application for Noise Permit City Administration reviews and approves Neighborhood Notice of Application for Noise Permit. Okays Notice for mailing Applicant notifies residents within a 250 foot buffer surrounding the event property using your completed Neighborhood Notice form Applicant contacts City Administration when Notices have been sent/delivered City Administration prepares 3 copies of permit City Manager signs permits Permits are distributed as follows: • Applicant • Police Department • City Administration files LIAD,WNOISEISTANDARD PFRIAITSWANDARD NP PROCESS.DOC Steps for obtaining a City of Tigard Noise Permit For Tigard Armory Armory Manager directs applicant to City Administration Applicant is given a packet of information including: • Noise Limit Permit Application • Neighborhood Notice of Application for Noise Permit • Map of neighbors to be notified • Labels of 18 neighbors to be notified Applicant completes Neighborhood Notice of Application for Noise Permit City Administration reviews and approves Neighborhood Notice of Application for Noise Permit. Okays Notice for mailing Applicant notifies 18 residents surrounding the event using your completed Neighborhood Notice form Applicant contacts City Administration when Notices have been sent/delivered City Administration prepares 3 copies of permit City Manager signs permits Permits are distributed as follows: • Applicant • Police Department • City Administration files I:WDM\NOISEISTANDARD PERMITSIARMORY NP PROCESS.DOC Sample Permit Application and Permit A sample of the noise permit application packet and noise permit follows this page. This sample if for an American Legion event that was held last September. There were no problems associated with the event, but it is attached to illustrate the amount of work involved to issue a permit. Review of Noise Ordinance - Page 3 City of Tigard Noise Limit Permit Noise exceeding Allowable Noise Levels Set Forth in Tigard Municipal Code (7.40.130 - 7.40.200) Name at Address of Permittee: Tigard American Legion Post #158 8635 SW Scoffins St Tigard, OR 97223 Telephone Number: (503) 624-2332 Date of Event: September 16, 2000 Description of Event: Third Annual Luau Location of Event: same as above Time of Event: 2 to 10 p.m. The City Manager shall grant a permit in any instance in which the event and its accompanying noise will not, in his judgment, interfere unreasonably with the peace of those likely to be affected by the noise. In making this judgment, he shall take into account the nature of the surrounding properties and the benefit to the community of the event forwhich the- application is made. The permit shall contain a condition stating that the maximum.. noise levels. permissible in Table 1 (below) shall not be exceeded by more than.ten decibels. The permit.:may also contain additional conditions deemed necessary by the City Manager . to. protect the peace of those likely to be affected by the noise. THE PERMIT WILL BE SUBJECT TO IMMEDIATE REVOCATION BY THE CITY MANAGER OR THE CITY MANAGER'S DESIGNEE IF ANY CONDITIONS OF THE PERMIT ARE VIOLATED. Table 1 Maximum Noise Levels Land use dB Noise Level dB Noise Level of Source Day (7AM - 10PM) Night 0 0PM - 7AM) Noise Sensitive 50 40 Commercial 75 60 Industrial 75 60 "Noise Level" refers to the ambient noise level at the nearest noise sensitive land use.". Approve Date: S G O City Manager is \adm\cathy\noise\noiseper. doc City of Tigard Noise Limit Permit Application Noise exceeding Allowable Noise Levels Set Forth in Tigard Municipal Code (7.40.130 - 7.40.200) Name BE Address of Permittee Telephone Number: t QJ' (=Z11+Name J cs-o3233 2~ ~S of Group/Organization RED.S\vSID 3A 2000 G PV o~V~~oQM~Ni c~M~U Dates of Eve t• (From) 1(56 (To) ~C-) Time(s) of Event: (From) !OCR e14A (To) l0 00 P GVL Description of Event: / Location of Event: The City Manager shall grant a permit in any instance in which the event and its accompanying noise will not, in his judgment, interfere unreasonably with the peace of those likely to be affected by the noise. In making this judgment, he shall take into account the nature of the surrounding properties and the benefit to the community of the event for which the application is made. The permit shall contain a condition stating that the maximum noise levels permissible in Table 1 (below) shall not be exceeded by more than ten decibels. The permit may also contain additional conditions deemed necessary by the City Manager to protect the peace of those likely to be affected by the noise. THE PERMIT WILL BE SUBJECT TO IMMEDIATE REVOCATION BY THE CITY MANAGER OR THE CITY MANAGER'S DESIGNEE IF ANY CONDITIONS OF THE PERMIT ARE VIOLATED. Table 1 Maximum Noise Levels Land use dB Noise Level dB Noise Level of Source Day (7AM - IOPM) Night (IOPM - 7AM) Noise Sensitive 50 40 Commercial 75 60 Industrial 75 60 "Noise Level" refers to the ambient noise level at the nearest noise sensitive land use." Signature, Date: V "3 (-,c)o AAppfiLcant~ 1 \adm\cathy\noiseapp.doc NEIGHBOHOOB NOTICE OF APPLICATION FOR A City of Tigard Noise Limit Permit Location of Event: The Tigard American Legion Post #158 8635 S.W. ScoiTins St. Tigard, Or. 97223 Description of Event: Sons of The American Legion 3annual Lux., Date of Event: 0/16/2000 Time(s) of Event: 2:00p.m. - 10:00p.m. *Noise Permit expires at 10:00 p.m. Points of Contact: Police Dept.: Call the Non-Emergence No. For Washington County Communications - 692-0111 This agency will dispatch or communicate any Problems to the Tigard Police Officer on Duty. City Administration Office (M-F, 8 a.m. - 5 p.m.): Cathy Wheatley City Recorder 6394171 Date of Notice: 09/01/2000 SP-- 5EF r I to EVEJVT A LAM STED m AAl 1v24- 2332 August 30, 2000 Dear Mr. Stedman: Here are the steps for obtaining a City of Tigard Noise Permit: 1. Complete the enclosed Noise Permit Application. C r OF TIGARD OREGON 2. Complete the enclosed Neighborhood Notice of Application for Noise Permit. 3. Notify residents surrounding the event using your completed Neighborhood Notice form. For your convenience, labels for residents to be notified and map of the notification area are included. You may mail or hand deliver your Notice. 4. Return your completed Application and a copy of your Notification Notice to the Administration Department. There is no fee for the permit. Once we have received your documents, your request for a Noise Permit will be reviewed, and, if approved, will be issued within a few business days. We will contact you when it is ready. If you have any questions, please contact Cathy Wheatley or Greer Gaston at 639-4171. Good luck with your event! 1MDM\GREERW0ISE\GENERAL LETTER.DOC 13125 SW Hall Blvd., Tigard, OR 97223 (503) 639-4171 TDD (503) 684-2772 R'Yr~a d~/ 05 0 y~ -v 70 to c O~ v C- BLVD m ~D L c° = w lf~ rz~ R ~ m cn N C) ° - ) i 0 O le m z C 3 uo~ z~ N0 O P o o o m -i - - -n a a rn N o aK 0 °a s Smooth teed Sheets Use template for 51601"' TIGARD RESIDENT TIGARD RESIDENT TIGARD RESIDENT 12260 SW HALL BLVD 12280 SW HALL BLVD 12340 SW HALL BLVD TIGARD OR 97223 TIGARD OR 97223 TIGARD OR 97223 TIGARD RESIDENT TIGARD RESIDENT TIGARD RESIDENT 12360 SW HALL BLVD 8485 SW HUNZIKER RD 12060 SW MAIN ST TIGARD OR 97223 TIGARD OR 97223 TIGARD OR 97223 TIGARD RESIDENT TIGARD RESIDENT TIGARD RESIDENT 12175 SW HALL BLVD 12205 SW HALL BLVD 12265 SW HALL BLVD TIGARD OR 97223 TIGARD OR 97223 TIGARD OR 97223 TIGARD RESIDENT TIGARD RESIDENT TIGARD RESIDENT 8745 SW SCOFFINS ST 8915 SW COMMERCIAL 12345 SW HALL BLVD TIGARD OR 97223 TIGARD OR 97223 TIGARD OR 97223 TIGARD RESIDENT TIGARD RESIDENT TIGARD RESIDENT 8770 SW SCOFFINS ROAD 8730 SW SCOFFINS 12375 SW HALL TIGARD OR 97223 TIGARD OR 97223 TIGARD OR 97223 TIGARD RESIDENT TIGARD RESIDENT TIGARD RESIDENT 12405 SW ASH AVE 12430 SW ASH AVE 12435 SW ASH AVE TIGARD OR 97223 TIGARD OR 97223 TIGARD OR 97223 TIGARD RESIDENT TIGARD RESIDENT TIGARD RESIDENT 12437 SW HALL 8610 SW SCOFFINS ST 12525 SW HALL BLVD TIGARD OR 97223 TIGARD OR 97223 TIGARD OR 97223 TIGARD RESIDENT TIGARD RESIDENT TIGARD RESIDENT 8600 SW SCOFFINS ST 8602 SW SCOFFINS ST 8604 SW SCOFFINS ST TIGARD OR 97223 TIGARD OR 97223 TIGARD OR 97223 a AVERY') Address Labels Laser 51600 Noise Ordinance - Issues and Review Recommendations. o Permit Processitig The "Noise Ordinance" is enforced on a complaint basis. The department called upon to enforce the Code is either the Community Development Department or the Police Department. Currently, applications are processed in the City Administration Department. Most applications for a "noise permit" are issued for after hours or weekends; therefore, if there is a problem, it is most likely that the Police Department will be called upon to assist. Staff Recommendation: The Community Development Department, with assistance from the Police Department, to take the lead in developing proposed ordinance amendments and permit processing rules. (Staff also proposes that the Community Development Department would take the lead in processing exemption permits described in TMC Section 7.40.190.) o Certification of Equipment and Persotis Conducting Sound Level Measurements Section 7.40.180 (b) states that persons conducting sound level measurements shall have received training in the techniques of sound measurement and the operation of sound measuring instruments from the Department of Environmental Quality, a registered acoustical engineer or other competent body prior to engaging in any enforcement activity. DEQ is still named in the Oregon Administrative Rules to facilitate cooperation among units of state and local governments in establishing and supporting noise control programs and to encourage the enforcement of viable local noise control regulations. However, a call to a DEQ office confirmed that DEQ has not had funding (since about 1995) to administer this program. A DEQ representative advised Tigard staff that Oregon Counties Sheriffs' Departments were given this responsibility. A call to the Washington County Sheriff's Department was made to determine how noise complaints are handled. Washington County only responds to issues in unincorporated areas. Staff Recommendation: Staff to research and develop updated language with regard to sound measuring, certification of equipment, and appropriate training on the equipment. Review of Noise Ordinance - Page 4 ♦ Outdated Code Language Section 7.40.180 (c) states that noise measurements shall be taken in accordance with Chapter 340, Oregon Administrative Rules (OAR), Division 35, Noise Control Regulations for Industry and Commerce. The OAR provisions exist; however, there is no staff support from DEQ in administering the OAR's and some tables and reference materials referred to in the OAR's no longer exist. Staff Recommendation: Staff to review and update Code language. ♦ Definitions of Terms Used in the Code Should be Clarified or Created An example of this issue is described below: The standards allowing the City Manager or designee to issue a permit to exceed the allowable noise levels are discretionary. Section 7.40.200 (c) states that the City Manager or his designee shall grant a permit in any instance in which the event will not, in his judgment, interfere unreasonably with the peace of those likely to be affected by the noise. In making this judgment, the City Manager or designee shall take into account the nature of the surrounding properties and the benefit to the community of the event for which the application is made. Staff Recommendation: Staff to review language and develop proposed definitions to clarify terms used in the Code. As an example, define what is meant by "benefit to the community" or delete this term if better performance- based standards can be developed. Code Administration Guidelines to be Developed Staff has developed procedures for processing applications with changes made to respond to issues. It would be helpful if the Code was more specific with regard to what guidelines the staff should develop and administer. Staff Recommendation: Staff to develop language that would clarify guidelines with regard to deadlines for applications, neighbor notification, or other restrictions. Review of Noise Ordinance - Page 5 o Standards for Public Facilities, such as Schools or Parks In a review of ordinances from other jurisdictions, staff found language that outlines standards for public facilities. (See example of "exclusion language" which is Attachment 7.) Currently, no noise permits are issued for parks or schools, except for community events, such as the Balloon Festival. Staff Recommendation: Staff to review language and research Codes from other jurisdictions and recommend to Council if more specific language is needed for noise emanating from public facilities and whether a permit process, exemptions or exclusions should be outlined for community events. (Definitions should be clear with regard to terms; for example, "community event" would be defined.) o The Code does not specify a permit-processing fee Staff proposes that at least some of the costs incurred to process a permit should be recovered through a fee. Staff Recommendation: Staff to research and propose a fee to recover the costs of processing an "average" permit. Staff will also review whether there are instances where a fee waiver could be granted (e.g., a City-sponsored community event or an event sponsored by a non-profit organization). ♦ Code definitions to be reviewed and updated As an example, 7.40.130 (a) says that the "ambient noise level is the level obtained when the noise level is averaged over a minimum period of 15 minutes at a specific location without inclusion of noise from isolated identifiable sources." There have been times when this section of the Code has made it difficult to address a noise problem. For example, a loud noise could occur once (or several times) in a 15-minute time period for 24 hours a day and be within acceptable Code guidelines. This also means that a Code Enforcement or Police Officer must be present when the noise occurs so a measurement can be taken. Codes from other jurisdictions offer other methods to determine if there is a noise problem that needs to be addressed. The examples include the following when trying to determine if something is "too noisy": Review of Noise Ordinance - Page 6 Sound Measurement Based (which is what Tigard currently uses), Disturbance Based - lists examples of a disturbing noise, Disturbance Based - based on receipt of complaints (witnesses), Disturbance Based - unlawful for sound to be produced, which is "plainly audible" and "plainly audible" is defined, Disturbance Based - the standard is applied if a sound is deemed to be disturbing at certain distances away. Please see Pages 8 and 9 of this report for more detailed examples from other jurisdictions. These examples were selected to show that there are a variety of methods that are put to use in other municipal codes. Staff Recommendation: Staff to research and propose language outlining standards that can be used to determine whether a violation of the noise ordinance has occurred. Staff would like to entertain the possibility that more than one method can be used. (Note: Staff researched several other codes and spoke to representatives from other jurisdictions about noise ordinances. Please see Attachment 3 for a summaries from Beaverton, Bend, Hillsboro, Lake Oswego, and Milwaukie.) Review of Noise Ordinance - Page 7 Examples of Methods to Determine if a Violation of the Noise Ordinance has Occurred. Sound Measurement Based • Permissible sound levels, in dBA, for land use zones, as measured at any point on the lot line separating the source from the receiver. ZONE OF RECEIVER Residential Commercial Industrial ZONE Residential 55 60 65 OF Commercial 60 70 70 SOURCE Industrial 65 70 75 City of Portland The City of Tigard uses the following chart for maximum noise levels Land Use dB Noise Level dB Noise Level of Source Day (7 a.m. -10 p.m.) Night (10 p.m. - 7 a.m.) Noise Sensitive 50 40 Commercial 75 60 Industrial 75 60 "Noise Level" refers to ambient noise level at the nearest noise sensitive land use. Disturbance Based - Example • No person shall make any noise or excessive or unnecessary sound which disturbs, injures or endangers the comfort, convenience, repose, health, peace, safety or welfare of any other person or any residential neighborhood . Some examples of violations are: - Horns, signaling devices... - Radio, phonographs, loudspeakers, amplifiers - Animals Steam whistles Exhausts Defect in vehicle or load... Loading, unloading, opening boxes . . Construction or repair of buildings, streets during the nighttime period. Pile drivers, hammers, machinery during the nighttime period. - Domestic power tools used outdoors in residential areas during the iughttime period. City of Milwaukie Review of Noise Ordinance - Page 8 Disturbance Based - Witnesses o Civil infraction may be issued by an authorized enforcement officer for public disturbance noise upon receipt of at least three individual complaints. At least two of the complaints must hold an interest in real property located within the city or be a member of a [city] household. This third complaint may be a police officer. Multiple complaints from the same household shall count as one complaint. City of Mill Creek, Washington Disturbance Based - Plainly Audible v It is unlawful for any person to produce with or from a sound producing source, sound which: - Is plainly audible at any time between 10 p.m. and 6 a.m. the following day: - within a noise sensitive unit which is not the source of the sound, . "Plainly Audible" means any sound for which the information content of that sound is unambiguously communicated to the listener, such as, but not limited to, understandable spoken speech, comprehensive musical rhythms or vocal sounds. City of Hillsboro Disturbance Based - Distance • Unreasonably loud or raucous noise Motor vehicle noise that disturbs, injures, or endangers safety of persons 30 feet or more away Motorcycles outside the public right-of-way where the use disturbs the sleep, peace, quiet, comfort or repose of persons 30 or more feet away.. . Playing, using, or operating a radio, musical instrument for producing or reproducing sound in a manner that disturbs the sleep, peace, quiet, comfort or repose of other persons The operation of a machine audible to a peace officer at a distance of 50 more feet from the building, room, structure, or vehicle in which it is located shall be proof of violation. Loud speakers and amplifiers for producing or reproducing sound that is cast of public streets or other public property if it disturbs the sleep, peace, quiet, comfort or repose of persons more than 30 feet away. Excludes emergency announcements City of Bend Review of Noise Ordinance - Page 9 o Include a public involvement component to develop the final proposal for Council review. - The Vision Task Force Goal and Action Committee strategy includes a communication goal that an opportunity for public input should be incorporated when reviewing community issues. Effective two-way communication between the City and public is also part of the goal. Review of Noise Ordinance - Page 10 Summary of Staff Recommendations 1. The Community Development Department, with assistance from the Police Department, will take the lead in developing proposed ordinance amendments and permit processing rules. (Staff also proposes that Community Development Department would take the lead in processing exemption permits described in TMC Section 7.40.190.) 2. Staff to research and develop updated language with regard to sound measuring, certification of equipment, and appropriate training on the equipment. 3. Staff to review and update Code language. 4. Staff to review language and develop proposed definitions to clarify terms used in the Code. As an example, define what is meant by "benefit to the community." 5. Staff to develop language that would clarify guidelines with regard to deadlines for applications, neighbor notification, or other restrictions. 6. Staff to review language and research Codes from other jurisdictions and recommend to Council if more specific language is needed for noise emanating from public facilities and whether a permit, exemption or exclusion process should be outlined for community events. (Definitions should be clear with regard to terms; for example, "community event" would be defined.) 7. Staff to research and propose a processing fee to recoup some of the costs for processing permits. The fee should be set by resolution. Staff will also review whether there are instances where a fee waiver could be granted (e.g., a City-sponsored community event). 8. Staff to research and propose language outlining standards that can be used to determine whether a violation of the noise ordinance has occurred. Staff would like to entertain the possibility that more than one method can be used. 9. Include a public involvement component to develop the final proposal for Council review. Review of Noise Ordinance - Page 11 Conclusion Interim Process Proposed - If Council agrees with staff and gives direction to work with the City Attorney to develop amendments to the "Noise Ordinance," staff proposes an interim process be followed. It is anticipated that proposed amendments to the Noise Ordinance would be ready in about six months given the current staff workload and the complexity of some of the issues, which will need careful research and consideration. The Code currently allows the City Manager to appoint a designee to process and approve permits. Administration staff would work with Community Development Staff to transition the responsibility to process permits for events that meet all of the following criteria: 1. The event is open to the public. (Regardless of whether or not a fee is charged.) 2. The event contributes to the overall good of the community. (Examples to help define "overall good of the community" include community- sponsored events, events sponsored by community-based nonprofit organizations, or an event receiving a City contribution or in-kind services.) The reasons for instituting this "interim process" would be to: s Acknowledge a basic definition of what is considered to be the "overall good of the community." o Provide the Community Development Department staff and Administration staff an opportunity to work together to resolve problems and issues with permit processing while drafting proposed noise ordinance amendments. I:\ADM\NOISE\REVIEW OF TIGARD MUNICIPAL CODE.DOC Review of Noise Ordinance - Page 12 Attachment 2 Review of Noise Ordinance Excerpt from the Tigard Municipal Code 7.40, Article ITT TIGARD MUNICIPAL CODE private property any kind of rubbish, trash, debris, refuse, or any substance that would mar the appearance, create a stench or fire hazard, detract from the cleanliness or safety of the property, or would be likely to injure a person, animal, or vehicle traveling upon a public way. (Ord. 86-20 §4(Exhibit C(5)(6)),1986). ARTICLE IV. NUISANCES AFFECTING THE PUBLIC PEACE (a) Motor vehicles shall operate in a manner which complies with applicable state motor vehicle noise regulations. (b) The idling of engines and auxiliary equipment on motor vehicles on private property, which exceed the noise standards specified in Sections 7.40.170 and 7.40.180, shall not be permitted for a period greater than five minutes. (Ord 90-03 §1 (part), 1990). 7.40.130 Noise-Definitions. For purposes of this section and Sections 7.40.130 through 7.40.210, the following mean: (a) "Ambient noise" means the all- encompassing noise associated with a given environment, being usually a composite of sounds from many sources, near and far. For the purpose of this article, ambient noise level is the level obtained when the noise level is averaged over a minimum period of fifteen minutes at a specific location without inclusion of noise from isolated identifiable sources. (b) "Commercial land use" means any use which is a permitted or conditional use in the C-P, C-G, CBD, and C-N zoning districts, as identified in Title 18. (c) "Industrial land use" means any use which is a permitted or conditional use in the I-P, I-L, and I-H zoning districts as identified in Title 18. (d) "Noise-sensitive land use" means any portion of a church, children's day care, hospital, residential group care, school, single or multifamily dwelling unit, and mobile home that is intended for living, sleeping or eating. This definition includes areas or structures such as yard areas, patios, and garages. (Ord. 96-06; Ord. 90-03 §1(part),1990). 7.40.140 Motor vehicle noises. 7.40.150 Jake brakes prohibited. No person shall operate within the city limits of the city a motor vehicle exhaust-braking system commonly known as a "jake brake." For the purposes of this section, the exceptions set forth in Section 7.40.190 shall not apply and this section shall be read as an absolute prohibition of the operation of such motor vehicle braking systems within the city. (Ord. 90-03 §51(part),1990). 7.40.160 Noise emanating from certain property. Except as may be expressly allowed pursuant to the provisions of Sections 7.40.140, 7.40.190 and 7.40.200, no person shall cause or permit noise to emanate from the property under his or her control so as to cause the ambient noise level at the nearest noise sensitive land use to exceed the levels specified in Sections 7.40.170 and 7.40.180. (Ord. 90-03 §1(part),1990). 7.40.170 Maximum noise levels. For the purposes of Sections 7.40.130 through 7.40.200, the maximum noise levels, as measured pursuant to Section 7.40.180, are set forth in Table I below. 7-40-5 SEACode Update 03100 TIGARD MUNICIPAL CODE TABLEI Maximum Noise Levels Land Use dB Noise Level dB Noise Level of Source Day (7am-10_pm) Night (loam-lam) Noise Sensitive 50 40 Commercial 75 60 Industrial 75 60 "Noise Level" refers to the ambient noise level at the nearest noise sensitive land use. (Ord. 96-06; Ord. 90-03 §1 (part), 1990). 7.40.180 Standard for measurement. (a) Measurements shall be made with a calibrated sound level meter meeting the requirements of a Type I or Type II meter, as specified by the American National Standard Specification for Sound Level Meters (ANSI Standards 1.4-1971). For purposes of this article, a sound level meter shall contain at least a recording calibration curve for an "A" weighing network, and both fast and slow meter response capability. (b) Persons conducting sound level measurements shall have received training in the techniques of sound measurement and the operation of sound measuring instruments from the Department of Environmental Quality, a registered acoustical engineer or other competent body prior to engaging in any enforcement activity. The restrictions imposed by Sections 7.40.130 through 7.40.180 shall not apply to the following: (a) Emergency equipment not operating on a regular or scheduled basis; (b) Noise emanating from all public streets due to sounds created by the tires or motor of motor vehicles operating in a manner complying with applicable state motor vehicle noise regulations; (c) Sounds originating on construction sites and reasonably necessary to the accomplishment of work in progress; provided, however, that no construction work may be carried out between the hours of nine p.m. and seven a.m. Monday through Friday, nine p.m. and eight a.m. on Saturday, and nine p.m. and nine a.m. on Sunday except for bona fide emergencies where the public health or safety is threatened or for which a special permit, granted by the City Manager or designee, has first obtained in accordance with the procedures contained in Section 7.40.200; and (d) Sounds originating from construction projects for the purpose of building new or improving existing public facilities in public right of way including, but not limited to roads, bridges, waterlines, and sewers, may be permitted at any time if an' exemption is granted by the City Manager or designee. An exemption may be granted only after a noise mitigation plan is submitted to and approved by the City Manager or designee which: (c) Noise measurements shall be taken in accordance with Chapter 340, Oregon Administrative Rules, Division 35, Noise Control Regulations for Industry and Commerce. (Ord 90- 03 §1(part),1990). 7.40.190 Noise-Exemptions to restrictions. 1. Maps the project noise impacts, and explains how the impacts will be mitigated. 2. Provides special consideration and mitigation efforts for noise sensitive land uses. 3. Outlines public notification plans. 4. Provides the City and the public 740-6 SE/Code Update 03100 TIGARD MUNICIPAL CODE access to 24-hour telephone contact numbers for information and complaints related to the project. (e) Lawn, garden or household equipment associated with the normal repair, upkeep or maintenance of property. (Ord. 99-29; Ord. 96-06; Ord. 90-03 §1(part),1990). 7.40.200 Permits required for exceeding allowable noise levels. Manager or designee if any conditions of the permit are violated. (d) The City Manager or designee may submit any question arising with respect to this section to the city council, and if any member of the city council requests its submission to the council, any such question shall be heard by the council. In either event, the decision of the city council shall be final. (Ord. 99-29; Ord. 96-06; Ord. 90-03 §1(part),1990). (a) The use of amplified voice and music or creation of noise at levels which would otherwise exceed those permissible under Section 7.40.130 through 7.40.190 may be allowed upon application to the City Manager or designee. Application for an amplified sound permit shall be made to the City Manager or designee on forms prepared by the city. The applicant shall identify the date, location and time of the event for which the permit is sought, and shall provide an estimate of the duration of the event. (b) In the case of a series of similar events to be conducted at the same location, the City Manager or designee may, at his or her discretion, issue the permit in a form extending to cover the entire series. (c) The City Manager or designee shall grant a permit in any instance in which the event and its accompanying noise will not, in his judgment, interfere unreasonably with the peace of those likely to be affected by the noise. In making this judgment, the City Manager or designee shall take into account the nature of the surrounding properties and the benefit to the community of the event for which the application is made. The permit shall contain a condition stating that the maximum noise levels permissible in Table I, shall not be exceeded by more than ten decibels. The permit may also contain additional conditions deemed necessary by the City Manager or designee to protect the peace of those likely to be affected by the noise. The permit shall be subject to immediate revocation by the City ARTICLE VI. VIOLATION-PENALTY 7.40.210 Penalty for chapter violations. (a) A violation of this chapter shall constitute a Class 1 civil infraction, which shall be processed according to the procedures established in the . civil infractions ordinance, set out at Chapter 1.16 of this code. (b) Each violation of a separate provision of this chapter shall constitute a separate infraction, and each day that a violation of this chapter is committed or permitted to continue shall constitute a separate infraction. (c) A finding of a violation of this chapter shall not relieve the responsible party of the duty to abate the violation. The penalties imposed by this section are in addition to and not in lieu of any remedies available to the city. (d) If a provision of this chapter is violated by a firm or corporation, the officer or officers, or person or persons responsible for the violation shall be subject to the penalties imposed by this chapter. (Ord. 99-01; Ord. 90-03 §1(part),1990).® 7-40-7 SEyCode Update 03100 Attachment 3 Review of Noise Ordinance Summaries of information about "noise ordinances" from other jurisdictions Ci : Beaverton Violation Criteria: Disturbance No person shall make, assist in making, continue or cause to be made any loud, disturbing or unnecessary noise which either annoys, disturbs, injures or endangers the comfort, repose, health, safety or peace of others. Some examples of violations are: - the keeping of any bird or animal which, by causing frequent or long- continued noise - the use of a vehicle or engine so out of repair, loaded or operated as to create any loud or unnecessary grating, grinding, rattling or other offensive noise - the erection, excavation, demolition, alteration, or repair of a building in a residential districts, other than between the hours of 7 a.m. and 7 .m. Responsible Office: Mayor's Office although approval of Code Enforcement, Police, Fire, and Public Works is required. Are Permits Granted? If so for what? Sound Amplification Permits granted for national, state, or city event, public festival, or outstanding events of a noncommercial nature. Must be accompanied by application for Major Community Event or Block Party Permit. The amplification shall not be audible for a distance of more than 1,000 feet from the source. Permits not granted if vehicular or pedestrian traffic is obstructed. Fees: None Comments: Applications for permits submitted one month in advance of event Ci : Bend Violation Criteria: Disturbance/Distance Unreasonably loud or raucous noise Some examples of violations are: - Motor vehicle noise that disturbs, injures, or endangers safety of persons 30 feet or more away - Motorcycles outside the public right-of-way where the use disturbs the sleep, peace, quiet, comfort or repose of persons 30 or more feet away - Horns - Playing, using, or operating a radio, musical instrument for producing or reproducing sound in a manner that disturbs the sleep, peace, quiet, comfort or repose of other persons The operation of a machine audible to a peace officer at a distance of 50 more feet from the building, room, structure, or vehicle in which it is located shall be proof of violation. - Loud speakers and amplifiers for producing or reproducing sound that is cast of public streets or other public property if it disturbs the sleep, peace, quiet, comfort or repose of persons more than 30 feet away. Excludes emergency announcements - Yelling, shouting, hooting, whistling, or singing on public streets between the hours of 10 p.m. and 7 a.m. - Constructing, demolishing, altering or repairing a building, street, sidewalk, driveway, sewer or utility line between the hours of 10 p.m. and 7 a.m., with exceptions. Responsible Office: City Manager/City Recorder Are Permits Granted? If so for what? - In cases of emergency or other urgent public necessity allowing the construction, demolition, alteration or repair of a building, street, sidewalk, driveway, sewer or utility line to take place at any hour. - For a concert or similar event Fees: None Comments: Noise section excludes emergency work performed on public improvements and utilities. Such activities may be conducted without restriction. Ci : Hillsboro Violation Criteria: Disturbance/ Sound Measurement Combination It is unlawful for any person to produce with or from a sound producing source, sound which: - When measured at or within the boundary of property on which a noise sensitive unit, not the source of the sound, is located exceeds: - 50 dbA at any time between 10 p.m. and 6 a.m. the following day, or - 60 dbA at any time between 6 a.m. and 10 p.m. the same day; or - Is plainly audible at any time between 10 p.m. and 6 a.m. the following day: - within a noise sensitive unit which is not the source of the sound, or - on a public right-of-way at a distance of at least 100 feet from the source Responsible Office: Administration/ City Manager, City Recorder (special events permits), Police (enforcement) - Permits reviewed by Streets Committee and are routed to Police and Fire Are Permits Granted? If so for what? Construction outside permissible hours Helicopter landings Special events Fees: None Comments: Ci : Lake Oswego Violation Criteria: Disturbance Unlawful for any person to create permit ...the continuance of any loud, disturbing or unnecessary noise in the City. Some examples of violations are: - The keeping of an animal which by frequent or loud continued noise shall disturb the comfort and repose of any person in the vicinity. - The use of a motor vehicle, motorcycle or motorized vehicle, whether or not in repair or operated in such a manner as to create loud or unnecessary grating, grinding, rattling, motor winding, squealing, screeching or other tire noise or any other unnecessary noise. - Use of a mechanical device, operated by compressed air, steam, gasoline or otherwise, unless noise is muffled. - Use or operation of any device designed for sound production or reproduction between the hours of 10 p.m. and 7 a.m., so as to be plainly audible within any dwelling unit which is not the source of the sound. - Gathering of any number of persons upon premises, whether public or private and the creation of excessive noise from the collective voices of such persons between the hours of 10 p.m. and 7 a.m. Excessive noise means noise which is plainly audible within and dwelling unit which is not the source of the sound. Responsible Office: Building Department Are Permits Granted? If so for what? No person, persons, or organization shall organize, promote, conduct or permit to be organized or conducted any special event without first obtaining a permit and having paid the necessary application fee. A special event is any dance, music festival, road race, parade, run, carnival or other gathering of a large group of people which is advertised to the public at large. Special events do include events sponsored or conducted by any school, religious, civic, or fraternal organization provided such events are held on premises specifically designed or constructed to house the organization and its activities and that such events are open to members and invited guests. Fees: Code refers to an application fee, but there is no charge. Comments: Ci : Milwaukie Violation Criteria: Disturbance/ Sound Measurement Combination No person shall make any noise or excessive or unnecessary sound which disturbs, injures or endangers the comfort, convenience, repose, health, peace, safety or welfare of any other person or any residential neighborhood Some examples of violations are: - Horns, signaling devices - Radio, phonographs - Loudspeakers, amplifiers - Animals - Steam whistles - Exhausts - Defect in vehicle or load - Loading, unloading, opening boxes - Construction or repair of buildings, streets during the nighttime period - Pile drivers, hammers, machinery during the nighttime period - Domestic power tools used outdoors in residential areas during the nighttime period Responsible Office: Police Department Are Permits Granted? If so for what? Information not available Fees: Information not available Comments: In addition to a fine, the court may enjoin further operation of the noise producing equipment or order any sound-producing device found to have been used -'late this chapter seized, confiscated and destroyed as contraband, or sold with the proceeds deposited in the city general fund. v ti A1045e 12e'IM < ~ a/avivl "Attachment 7" referred to in the Staff Report on the Noise Ordinance (Page b, 1st Bullet) Sample Exemptions for Public Facilities.... Hillsboro, Oregon (which is similar to Washington County's language) Exceptions... Sounds created by organized athletic or other group activities, when such activities are conducted by permit on public property generally used for such purposes, such as stadiums, parks, schools, fair grounds, airport and athletic fields... Kirkland, Washington The... provisions shall not apply to regularly scheduled events at parks, such as public address systems for baseball games or park concerts. 1: 1ADMWOISEIATTACHMENT - PUBLIC FACILITIES.DOC All,ni Yi -rf-a-ms - /1 (/0 n 0 CITY of BEA ERTON 4755 S.W. Griffith Drive, P.O. Box 4755, Beaverton, OR 97076 TEU 526.24SIV/TDD Fax 526.2571 ROB DRAKE MAYOR Mayor Jim Griffith City of Tigard 13125 SW Hail Blvd. Tigard, OR 97223 Dear Mayor Griffith: February 8, 2001 Copies to: Mayor/Council City Mana e~` CouneiiTe 1-~ Other: iCo This letter is to formally solicit your city's input regarding the appointment of a Washington County cities' representative to Metro's Joint Policy Advisory Committee on Transportation (JPACT). Metro has asked me to coordinate the nomination process. Nominees must be elected officials. Once we have collected nominations, Metro will send each Washington County city a ballot to vote on its choice for the JPACT representative. Your nomination can include a recommendation for the designated member and the alternate position. The member and alternate need to be from different cities. Nominations need to be returned to my office by 5:00 p.m. on Friday, February March 2, 2001. JPACT meetings are held the second Thursday of each month, at Metro, starting at 7:30 a.m. They usually last about two hours. I have enjoyed serving you as the designated representative for Washington County cities and would greatly appreciate continuing.to serve as your representative to JPACT. Beaverton will be forwarding my name to serve as the designated representative. Please contact me if you have questions. 9 Si cerely, Rob Drake Mayor cc: City Manager