City Council Packet - 08/28/2001
I F TIGARD
OREGON
TIGARD CITY COUNCIL
MEETING
AUGUST 28, 2001
COUNCIL MEETING WILL BE TELEVISED
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13125 SW Hall Blvd., Tigard, OR 97223 (503) 639-4171 TDD (503) 684-2772
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AGENDA
TIGARD CITY COUNCIL STUDY SESSION
August 28, 2001
The Study Meeting Is held In the Red Rock Creek Conference Room. Enter at the back of Town Hall. The
Council encourages interested citizens to attend all or part of the meeting. If the number of attendees exceeds
the capadty of the Conference Room, the Cound' may move the Study Meeting to the Town Hall.
> EXECUTIVE SESSION: The Tigard City Council will go into Executive Session to discuss
labor negotiations under ORS 192.660(1) (d). All discussions are confidential and those
present may disclose nothing from the Session. Representatives of the news media are
allowed to attend Executive Sessions, as provided by ORS 192.660(3), but must not
disclose any Information discussed. No Executive Session may be held for the purpose of
taking any final action or making any final decision. Executive Sessions are closed to the
public.
> STRATEGIC PLANNING DISCUSSION
• Administration Department Staff
> ADMINISTRATIVE ITEMS:
0 Discuss Metro Meeting - September 10, 2001 (Information Distributed from Long Range
Planning Manager Barbara Shields)
0 Discuss joint Meeting with City of Tualatin - Scheduled for October 15 at Tualatin at
either 6 or 6:30 p.m. - details are being finalized)
0 Discuss League of Oregon Cities Assessment for Telecommunications Legal Fees
(Information Distributed from Finance Director Craig Prosser)
0 Discuss Draft Agenda for the City Council Meeting of September 11, 2001 (40"'
Birthday Celebration)
0 Receive Washington County Cities Tax Rate Comparison (Chart Distributed)
0 Discuss Request for Waiver of Conflict by Attorney Ed Sullivan
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Executive Session -
The Public Meetings Law authorizes governing bodies to meet in executive session in certain
limited situations (ORS 192.660). An "executive session" Is defined as "any meeting or part of
a meeting of a governing body, which Is closed to certain persons for deliberation on certain
matters."
Permissible Purposes for Executive Sessions:
192.660 (1) (a) - Employment of public officers, employees and agents,
if the body has satisfied certain prerequisites.
192.660(l) (b) - Discipline of public officers and employees (unless affected person requests
to have an open hearing).
192.660 (1) (c) - To consider matters pertaining to medical staff of a public hospital.
192.660 (1) (d) - Labor negotiations. (News media can be excluded in this Instance.)
192.660(l) (e) - Real property transaction negotiations.
192.660(l) (f) - Exempt public records - to consider records that are "exempt by law from
public Inspection." These records are specifically Identified in the Oregon
Revised Statutes.
192-660 (1) (g) - Trade negotiations - Involving matters of trade or commerce In which the
governing body Is competing with other governing bodies.
192.660 (1) (h) - Legal counsel - Executive session are appropriate for consultation with
counsel concerning legal rights and duties regarding current litigation or
litigation likely to be filed.
192.660 (1) (1) - To review and evaluate, pursuant to standards, criteria, and policy
directives adopted by the governing body, the employment-related
performance of the chief executive officer, a public officer, employee or
staff member unless the affected person requests an open hearing. The
standards, criteria and policy directives to be used in evaluating chief
executive officers shall be adopted by the governing body in meetings open
to the public In which there has been an opportunity for public comment.
192.660 (1) Public investments to cant' on negotiations under ORS Chapter 293 with
private persons or businesses regarding proposed acquisition, exchange or
liquidation of public investments.
192.660 (1) (k)- Relates to health professional regulatory board.
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CITY OF TIGARD
Community Development
ShapingA Better Community
MEMORANDUM
CITY OF TIGARD
TO: Honorable Mayor, City Council Members and Planning Commission Members
FROM: Barbara Shields, Long Range Planning Manager
DATE: August 24, 2001
SUBJECT: Metro 2040 Fundamentals Discussion
During the workshop meeting of August 21, 2001, City Council and Planning Commission
discussed with Jim Hendryx information that City Council and Planning Commission would like to
share with Metro at its September 10, 2001, meting.
At this meeting, Community Development Division staff was asked to obtain a copy of a recent
public opinion survey prepared by Metro to develop information regarding public attitudes in the
region towards growth management.
A summary of this survey is attached to this memorandum. A copy of the complete report (90
pages) is available at the Community Development Department and can be mailed separately to
City Council and Planning Commission members before the September 10, 2001, meeting.
att
cc: Bill Monahan
Jim Hendryx
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Barbara Shields - D&H Executive Summary Page 1
mavis & Hibbitts, Inc.
Market and Public Opinion Research
1100 NW Glisan 300-B, Portland, OR 97209
Phone (503) 220-0575, FAX 220-0576
email: dhm@dhm-inc.com
METRO Public Opinion Study Summary
May 2001
Introduction
The Metro Public Opinion Study was designed to develop reliable information regarding
public attitudes in the region towards growth management, land use, transportation, wildlife
habitat, and parks and open spaces. 750 residents in the tri-county area (including 150 in the
Damascus area) were interviewed on the phone in mid-May, 2001.' The complete report
presents noteworthy regional and other subgroup variations for all questions.
Area Challenges and Quality of Life Changes
A quarter (25%) of those surveyed identified traffic congestion as the biggest problem facing
the region, compared with 15% in 1997. Compared to regional and specific county results,
those in the Damascus area were most likely to say traffic congestion was the biggest
problem.
Over half (54%) thought quality of life in the region over the next 20 years would get worse,
while 24% though it would stay the same and 16% saw it getting better. Response patterns in
1996 were very similar. When asked about quality of life in their neighborhood, only 27%
thought it would get worse, while 46% said it would stay about the same. Respondents were
satisfied with a variety of neighborhood features, including visual appearance, proximity to
and number of parks and natural areas, and transit service and maintenance of public places.
Values
Asked what they valued most in the tri-county area, respondents across all groups put at the
top of their list a home with yard and privacy, followed by less traffic congestion and
forest/farmland preservation.
'Any sampling of opinions or attitudes is subject to a margin of error, which represents the difference between a sample of a
given population and the total population. For a sample size of 600, the margin of error would be +/-4.0%.
This project was funded in part by a grant from the Oregon Department of Land Conservation and Development as part of
Metro's Task 1.1 Periodic Review Work Program.
Executive Summary - Metro Public Opinion Study May 2001
Barbara Shields - D&H EXeCLtiye Summary Page 2
Population Growth & Planning
Over three-quarters (76%) of all respondents agreed that planning for growth was necessary
if the region is keep its livability, with 57% agreeing strongly. A quarter said traffic
congestion was the highest ranked concern they had about population growth. The next most
important concern was urban growth using up forest and farm land, followed by increased
crime and crowded schools. Traffic congestion also was the highest rated concern about
population growth, followed by increased air and water pollution and impacts on fish and
wildlife.'
A solid majority (56%) agreed somewhat or strongly in both 2001 and 1997 that Metro and
their local government ought to try to slow growth down. Half wanted to keep the UGB as it
is and 24% liked the idea of making some changes to give the region more room to build
residences. Only 14% wanted to eliminate the UGB.
Highway and street system improvements and public transit options were rated and ranked
the most important features that could be part of any growth in areas within the region that
serve as "Centers."
When asked about how to pay for the cost of growth, close to half (46%) chose fees paid by
developers as their first choice. State taxes and local improvement districts were a distant
second and third. As for who should pay for growth, opinion was divided on whether
developers and new residence buyers should be responsible for all costs or if existing
residents and new businesses should provide some assistance or equally share costs.
Transportation
Respondents were somewhat divided on whether they thought today's transportation system
was adequate - 47% saying yes and 41% saying no - with a majority (53%) in Multnomah
County saying it was adequate. Similar percentages agreed (480/6) and disagreed (41%) with
current policy to maintain existing roads before adding capacity. Slightly more than half
(53%) said they would be willing to pay more in taxes to improve the transportation system if
they could specify exactly how the money would be spent, similar to 1997 (56%). When
asked how they would budget those tax dollars, preferences were spread evenly among
freeway expansion, maintaining bridges and roads, and light rail expansion.
Parks & Open Spaces
Regarding parks and open spaces in the region, 47% favored focusing on maintenance and
use of open space and lands already in public ownership, while 40% preferred purchasing and
protecting as much open space as possible. Damascus respondents preferred purchasing land
' Ranked in this context means more respondents said traffic congestion was the most important concern than any other
when read a list of concems about population growth,. Rating in this context means traffic congestion had the highest mean
when respondents were asked to rate how concerned they were about population growth concerns on a scale of 1--not at all
concerned to 5=very concerned.
This project was funded in part by a grant from the Oregon Department of Land Conservation and Development as part of
Metro's Task 1.1 Periodic Review Work Program.
Executive Summary - Metro Public Opinion Study May 2001
Page 3
Barbara Shields - D&H Executive Summary
(48% to 40%). The top priority for parks and open spaces spending was operations and
maintenance of existing parks and natural areas, followed by acquiring property along
streams to protect fish and wildlife and planning and development of land recently acquired
for parks.
Regional Environmental Management
Most respondents (79%) said they did not have old chemical products in their household.
There was some concern (52% very or somewhat) about potential hazards of chemical
products they used. Compared to a year ago, most had the same level of concern. About half
(49%) said they had not made any recent changes in lawn and garden maintenance such as
using fewer chemical products.
Civic Engagement & Communications
Most (80%) felt they were well informed (28% very) about growth, land use and other issue
in the tri-county area. No more than one-third of all respondents reported having been
involved in any of seven civic activities because of concern about growth, land use,
transportation, and environmental issues. Respondents said they were most likely to use the
ability to call in or provide written comments, viewing a town hall style program, and direct
mail newsletters as ways to keep informed and involved, although there were no strong
preferences.
Conclusions & Observations
Stability of some public attitudes. There was little change in attitudes over the last 4-5 years
about population growth and about the future quality of life in the area, suggesting some
stability in public attitudes. However, changes in the economy, energy supply, or other
factors could affect this apparent stability.
Positive view of neighborhoods. Notably fewer respondents (27%) felt the quality of life in
their neighborhood would get worse in the next 20 years compared to 54% for the region.
They also had a fairly high level of satisfaction with several neighborhood features.
Population growth key quality of life issue. Population growth was the major reason
respondents gave for why they felt the area and their neighborhood would get worse in the
next 20 years.
Traffic congestion key specific quality of life issue. Traffic congestion was at the top of the
list of the biggest problems facing the region and of specific population growth concerns.
Along with concern about population growth generally, it also was why respondents thought
the area and their neighborhood would get worse in 20 years.
Natural resources key specific quality of life issue. Forest/farmland preservation was the
third most important value related to quality of life in the area. Respondents gave air and
This project was funded in part by a grant from the Oregon Department of Land Conservation and Development as part of
Metro's Task 1.1 Periodic Review Work Program.
Executive Surnmary - Metro Public Opinion Study May 2001
4
'j Page Barbara Shields - D&H Executive Summary
water pollution the second highest "very concern" rating among reasons f 3r being concerned
about population growth and gave the second highest "strongly support" rating to spending
public parks money on acquiring property along streams to protect fish and wildlife habitat.
Balanced approach to transportation system. Although traffic congestion was consistently
raised as a big problem, respondents did not call for wholesale building of new freeways,
rather preferring a variety of approaches to improving the transportation system.
Tax increase for transportation. A plurality felt the transportation system is adequate today,
and only a modest majority were willing to consider paying more taxes to improve it if they
could specify how the money was spent. There also wasn't any consensus on how more
money should be spent.
Center features. Respondents rated having highway/street system improvements, public
transit options, and a park or access to a park as the most important features of any growth in
centers or areas which serve as a "hub" for goods and services delivery.
Developers should pay for growth. "Fees paid by developers" was the preferred method of
paying for the costs associated with future growth and development in the tri-county area.
Less than 20% of respondents favored any kind of tax to pay for these costs.
Regional focus for parks and open spaces. Although results appeared split on acquisition, a
higher percentage favored maintaining what is already in public ownership. Half of all
respondents strongly supported operations and maintenance of existing parks.
This project was funded in part by a grant from the Oregon Department of Land Conservation and Development as part of
Metro's Task 1.1 Periodic Review Work Program.
Executive Summary - Metro Public Opinion Study May 2001
MEMORANDUM
TO: Bill Monahan, .ity Manager
FROM: Craig Prosse , inance Director
RE: LOC Assessment for Telecommunications Legal Fees
DATE: August 27, 2001
On August 24, 2001, the League of Oregon Cities (LOC) sent a letter to all Oregon cities updating
them on the status of Qwest vs. the City of Portland and other industry actions questioning the
validity of local franchise fees. I have also been working closely with the Telecommunications
Group, a subcommittee of staff from various cities concerned about telecommunications issues.
As background, this summer, Qwest filed suit against the City of Portland claiming that Portland's
franchise fees violate provisions of the Telecommunications Act of 1996. Qwest also sent letters
to 30 cities in Oregon, including the City of Tigard, informing us that Qwest will no longer pay
local franchise fees, pending a resolution of Qwest vs. the City of Portland. In August, Verizon
sent the City of Tigard a letter informing us that it was paying its scheduled franchise fees under
protest and that it would request a refund should Qwest prove successful in its suit.
The City of 'Tigard budgeted to receive $420,240 in franchise fees from Qwest, Verizon, and all
other telecommunications providers. Telecommunications companies represent the second
largest source of franchise fee revenues to the City of Tigard. (Electricity fees are the largest
source.) The City anticipates a total of $2.3 million in franchise fees from all utilities in FY 2001-
02.
If Qwest is successful in its suit against Portland, this could result in a drastic limiting (if not total
elimination) of franchise fees paid by all telecommunications companies to cities.
City Attorneys from cities across the state have been working with LOC on this issue. Together,
they have determined that six additional cities should intervene in Qwest vs. the City of Portland.
The six intervening cities are Happy Valley, Keizer, North Plains, Pendleton, Redmond, and
Salem.
LOC has retained legal counsel to represent the intervening cities and the interests of all cities in
Oregon. LOC is requesting a voluntary payment from all cities equal to 3% of their anticipated
revenue from telecommunication franchises. For the City of Tigard, this contribution would be
$12,607. This payment was not anticipated in the FY 2001-02 budget.
This is a crucial issue for Tigard and all cities in Oregon. The city attorneys working with the
League feel that Qwest's case is resting on a faulty interpretation of the Telecommunications Act
of 1996 and a faulty interpretation of a case in the State of Washington (Auburn vs. Qwest). I
recommend that Tigard participate in the defense of its traditional authority over public rights-of-
way by contributing to LOC's legal defense fund. If Council agrees with this recommendation, I
will prepare a resolution to amend the City budget.
August 24, 2001
Dear Mayor,
Your city's authority to charge franchise fees for the use of your telecom-
munications right of way is in serious jeopardy. As you may know, Qwest has
discontinued paying franchise fees for the privilege to occupy cities' rights of
way. It also has filed suit against the City of Portland, stating that Portland has no
right to charge such franchise fees. The outcome of this Qwest v. Portland case
will determine whether or not your city can collect franchise fees for the use of
r your right of way. Our legislative experts also believe that cities' authority to
charge any fees (telecom or otherwise) for the use of your right of way will be
challenged in the next legislative session, should Qwest should win this lawsuit.
Municipal telecommunications experts and attorneys strongly recommend
that the League financially support a coordinated effort, with separate Legal
Counsel, to intervene (join) in the Qwest v. Portland lawsuit. The League
Board of Directors has agreed to do so. We believe that the intervention of a
small, organized, and well-represented group of six cities is likely to show the
Court that Qwest should not win the suit based solely on its legal arguments. This
intervention will instead focus on demonstrating that there are differing factual
circumstances (such as various franchise agreements) throughout Oregon cities.
Oregon cities need your municipality's financial assistance now. As you
know, litigation is costly. The League did not budget for such expenses in the
upcoming fiscal year; however, our leadership feels compelled to address this
situation. Due to cities' Fiscal reliance on franchise fees, almost every municipal
budget in Oregon is at risk of serious losses should Owest win this lawsuit.
We deeply regret having to ask our financially-strapped cities to once again fund
litigation. Please understand that we would not do so if it weren't crucial to the
financial future of all Oregon cities. If you have any questions, please don't
f hesitate to call the League or log on to our website (www.orcities.org). League
staff covering this Qwest issue are David Barenberg (telecommunications issues)
and Christy Monson (legal issues). Thank you in advance for your assistance and
support in this matter.
Sincerely,
~0 Lki
Susan Roberts Richard C. Townsend
President, LOC Executive Director, LOC
Mayor, Enterprise
cc: City Manager and City Attorney
lC'nr~!ilig togc lber for lirable Urc,,f,, orr co in ill rrrrit ies
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(Your city's copy)
Qwest Litigation Contribution
Due September 31, 2001
City of
1. City's annual telephone franchise receipts: $
2. Multiply by 3% X .03
3. Total contribution: $
Make check payable to: League of Oregon Cities
PO Box 928
Salem OR 97308
%r-............... as-............
Please detach and send with contribution
Qwest Litigation Contribution
Due September 31, 2001
f
City Of
c
E
1. City's annual telephone franchise receipts: $
2. Multiply by 3% X .03
3. Total contribution: $
Make check payable to: League of Oregon Cities
PO Box 928
Salem OR 97308
(Your city's copy)
Qwest Litigation Contribution
Due September 31, 2001
City of
1. City's annual telephone franchise receipts: $
2. Multiply by 3% X .03
3. Total contribution: $
Make check payable to: League of Oregon Cities
PO Box 928
Salem OR 97308
Sc......
Please detach and send with connibution
Qwest Litigation Contribution
Due September 31, 2001
City o
1. City's annual telephone franchise receipts: $ _
2. Multiply by 3% X .03
3.. Total contribution: $
a
s
1 Make check payable to: League of Oregon Cities
PO Box 928
Salem OR 97308
Washington County Cities
Tax Rate Comparison
(Rate per $1,000 of Assessed Value')
(Note: Tax Rates listed are for city governments ONLY. Residents of these cities also pay taxes to other jursdictill so the total tax rates they pay will be higher.)
Permanent Local Option Other Bond Permanent Local Option Other Bond
Levy Levy (Urban Levy Total Levy Levy (Urban Levy Total
C' (Operating) (Operating) (Renewal, etc. (Debt) Levy city (Operating) J(Operating) (Renewal, etc. (Debt) Levy
ALPHABETICAL BY SIZE OF LEVY
Banks $1.9700 $1.8000 $3.7700 Rivergrove $0.0000 $0.0000
Beaverton $3.2499 $0.5366 $3.7865 Durham $0.4927 $1.3906 $1.8833
Conclius $3.9836 $0.3648 $0.3352 $4.6836 King City $1.5261 $0.4615 $1.9876
Durham $0.4927 $1.3906 $1.8833 Tigard $2.5131 $0.0880 $2.6011
Gaston $6.6146 $6.6146 Wilsonville $2.5208 $0.1520 $2.6728
Forest Grove $3.9554 $0.7284 $4.6838 North Plains $2.1712 $0.5190 $2.6902
Hillsboro $3.6665 $1.1000 $4.7665 Tualatin $2.2665 $0.6372 $2.9037
King City $1.5261 $0.4615 $1.9876 Banks $1.9700 $1.8000 $3.7700
Lake Oswego $4.7034 $0.7501 $5.4535 Beaverton $3.2499 $0.5366 $3.7865
North Plains $2.1712 $0.5190 $2.6902 Sherwood $3.2975 $1.0944 $4.3919
Portland $4.5770 $2.0595 $0.2592 $6.8957 Col lius $3.9836 $0.3648 $0.3352 $4.6836
Rivergrove $0.0000 $0.0000 Forest Grove $3.9554 $0.7284 $3.6838
Sherwood $3.2975 $1.0944 $4.3919 Hillsboro $3.6665 $1.1000 $4.7665
Tigard $2.5131 $0.0880 $2.6011 Lake Oswego $4.7034 $0.7501 $5.4535
Tualatin $2.2665 $0.6372 $2.9037 Gaston $6.6146 $6.6146
Wilsonville $2.5208 $0.1520 $2.6728 Portland $4.5770 $2.0595 $0.2592 $6.8957
Average Rate $2.9693 $0.2329 $0.1287 $0.4057 $3.7366 Average Rate $2.9693 $0.2329 $0.1287 $0.4057 $3.7366
1. Assessed value no longer equals Market Value (changed by Measure 50)
The current ratio of Assessed Value to Market Value in Washington County is:
Residential - 77%
Commercial - 65%
These ratios will drop over time as Market Values tend to increase more than the 3% per year allowed increase for Assessed Value.
2. Other taxing jurisdictions include:
Washington County
School Districts
Tualatin Hills Parks & Rec. District
Other Special Districts (enhanced sheriffs patrol, etc.)
Community Colleges
Education Service Districts
Metro
Port of Portland
Cathy Wheatley -.Sullivan waiver request Page 1
From: Bill Monahan
To: Dick Bewersdorff; Jim Hendryx
Date: 8/27/01 1:59PM
Subject: Sullivan waiver request
Ed Sullivan has asked for a waiver to represent Ken Rea who desires to convert a home on Tigard Street
to an office. I will give you both a printout of the e-mail Ed sent me at home. We need to have your input
on whether you have any issues on this before the council meeting tomorrow night. I will ask Council for
input at that time so I can advise Ed on Wednesday. Thanks.
Bill Monahan
City Manager
(503) 639-4171, ext 306
bill@ci.tigard.or.us
CC: Cathy Wheatley
lag /C)
cur-,~t r~~.
e
Page 1 of 1
Ed Sullivan has asked for aWaiver to represent Ken Rea who desires to convert a home on Tigard Street to an
office. I will give you both a printout of the e-mail Ed sent me at home. We need to have your input on whether
you have any issues on this before the council meeting tomorrow night. I will ask Council for input at that time so
I can advise Ed on Wednesday. Thanks.
Bill Monahan
City Manager
(503) 639-4171, ext 306
billOci.tigard.or.us
IMII
file://C:\WINDOWS\TEMP\GW) 00003.HTM 8/27/01
MCI
+ r
Subj: Waiver of Conflict
Date: 8/24/013:31:57 PM Pacific Daylight Time
From: esulli%e@pr+estongates.com (Sullivan, Ed (PTQ)
To: mo42or@aol.com ('Monahan, Bill)
CC: ken@pcez.com (4een@pcez.com), garyf@rccb.com ('Firestone, Gary)
Bill:
Re been approached by Ken Rea, who just completed a
pre-application conference with City planning staff to convert a residence
at 9570 SW Tigard St. to an office. The property is zoned IP. He wants me
to look over the conditions and exactions. We are not at the point at which
would do anything more than provide him advice; however, he may wish me to
speak with the City staff on the conditions and to help his application
along.
As you know, our firm does the City's bond work. We request a
waiver of conflict in order for me to assist Mr. Rea and his company,
PCEZCOM. The waiver would last only through any final City decision or
decisions. If there were an appeal, I would seek a further waiver if I were
to represent Mr. Rea and our interests were adverse. Please let me know if
the City will waive the conflict.
Best personal regards,
Ed Sullivan
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From: "Sullivan, Ed (PTI_)" <esulliva@prestongates.com>
To: "Monahan, Bi11"' --mo42or@aol.com>
Cc: "ken@pcez.com" <ken@pcez.com>, "Firestone, Gary" <garyf@rccb.com>
Subject: Waivver of Conflict
Date: Fri, 24 Aug 2001 15:31:27 -0700
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Friday, August 24. mot AmsAem OnUm No12or Paps: 1
IMM 1111111N I 1111111 =J
'fIGAIZD CITY COUNCIL
BU SINESS,MEETING'
August2'8, 200 i ' 30. p.m. CITY OF TIGARD
T1Gs►RD. CITY.HALL
.13125 SW'h1AU BLVD
TIGARD, OR: 97223 -
PUBLIC NOTICE:
Anyone wishing to speak on an agenda item should sign on the appropriate sign-up sheet(s).
If no sheet is available, ask to be recognized by the Mayor at the beginning of that agenda
item. Visitor's Agenda items are asked to be two minutes or less. Longer matters can be set
for a future Agenda by contacting either the Mayor or the City Manager.
Times noted are estimated: it is recommended that persons interested in testifying be present
by 7:15 p.m. to sign in on the testimony sign-in sheet. Business agenda items can be heard
in any order after 7:30 p.m.
Assistive Listening Devices are available for persons with impaired hearing and should be
scheduled for Council meetings by noon on the Monday prior to the Council meeting. Please
call 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
• 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 by calling: 503-639-4171, x309 (voice) or 503-684-
2772 (TDD - Telecommunications Devices for the Deaf).
SEE ATTACHED AGENDA
COUNCIL AGENDA - August 28, 2001 page l
AGENDA
TIGARD CITY COUNCIL BUSINESS MEETING
AUGUST 26, 2001
6:30 PM
• EXECUTIVE SESSION: The Tigard City Council will go into Executive Session to
discuss labor negotiations under ORS 192.660(l d). All discussions are confidential
and those present may disclose nothing from the Session. Representatives of the news
media are allowed to attend Executive Sessions, as provided by ORS 192.660(3), but
must not disclose any information discussed. No Executive Session may be held for the
purpose of taking any final action or making any final decision. Executive Sessions are
closed to the public.
• STUDY SESSION
> STRATEGIC PLANNING DISCUSSION
Staff Report: Administration Department
7:30 PM
1. BUSINESS MEETING
1.1 Call to Order - City Council 8L Local Contract Review Board
1.2 Roll Call
1.3 Pledge of Allegiance
1.4 Council Communications 81 Liaison Reports
1.5 Call to Council and Staff for Non-Agenda Items
7:35 PM
2. VISITOR'S AGENDA (Two Minutes or Less, Please)
7:40 PM
3. PROCLAMATIONS:
a. Proclamation - Disability Employment Awareness Month, October 2001
b. Proclamation - National Alcohol and Drug Addiction Recovery Month,
September 2001
C. Proclamation - Undoing Racism Day, September 20, 2001
i
i
i 7:45 PM
i 4. CONSENT AGENDA: These items are considered to be routine and may be enacted
i in one motion without separate discussion. Anyone may request that an item be
removed by motion for discussion and separate action. Motion to:
4.1 Approve Council Minutes: June 26, 2001
s 4.2 Local Contract Review Board
a. Award Contract for the Construction of Fiscal Year 2001-2002
Pavement Major Maintenance Program to Eagle-Elsner
COUNCIL AGENDA - August 28, 2001 page 2
b. Award Contract for the Construction of Fanno Creek Trail - Segment
3 (Tiedeman Avenue to Woodard Park) to Tri-Mountain Excavating
C. Approve Purchase of Four 2002 Ford Victorias from Gresham Ford
4.3 Support Participation in the ICMA International Resource Cities Program -
Resolution No. 01
Consent Agenda - Items Removed for Separate Discussion: Any items requested
to be removed from the Consent Agenda for separate discussion will be considered
immediately after the Council has voted on those items which do not need
discussion.
7:50 PM
5. RECOGNITION OF NANCY IRWIN AND LARRY BECK FOR SERVICE ON THE
LIBRARY BOARD
o Mayor Griffith
7:55 PM
6. CONSIDER APPROVING THE NEW TIGARD LIBRARY CONSTRUCTION
COMMITTEE'S RECOMMENDED SITE FOR THE PROPOSED NEW LIBRARY
a. Staff Report: Library Staff
b. Council Discussion, Questions, Comments
C. Council Motion: Should the Council approve the recommended site for the
new library?
8:15 PM
7. HEAR AN INITIAL PROGRESS REPORT FROM THE TRANSPORTATION
FINANCING STRATEGIES TASK FORCE
a. Staff Report: Engineering Staff
b. Council Discussion, Questions, Comments
8:35 PM
8. QUASI-JUDICIAL PUBLIC HEARING - CONSIDER AN ORDINANCE
VACATING APPROXIMATELY 11,702 SQUARE FEET OF PUBLIC RIGHT OF
WAY ON SW BEVELAND STREET, IN THE CITY OF TIGARD, WASHINGTON
COUNTY, OREGON (VAC2001-00002)
REQUEST: The applicant is requesting that the City of Tigard vacate an unused
portion of public right of way on SW Beveland Street, west of SW 72"d Avenue.
Southwest Beveland Street west of SW 72nd Avenue has been relocated south to
align directly with SW Beveland Street east of SW 72nd Avenue. The new
alignment was constructed across tax lots 2S l 01 AB-02705, 2S 101 AB-02706
and 2S101AB-02707, which are owned by Lowe's Hardware. The purpose for
the relocation was to ensure better traffic flow at the SW Beveland/SW 72nd
intersection. The land needed for that improvement and the associated right of way
COUNCIL AGENDA - August 28, 2001 page 3
was dedicated by Lowe's Hardware to the City of Tigard. As a result of the
relocation, the old right of way for SW Beveland Street has effectively been
abandoned. LOCATION: The section of SW Beveland Street public right of way,
which lies west of SW 72nd Avenue. Date request was filed: May 15, 2001
a. Open Public Hearing
b. Declarations or Challenges
C. Staff Report: Community Development Staff
d. Public Testimony: Proponent, Opponents, Rebuttal
e. Staff Recommendation
f. Council Discussion, Questions, Comments
g. Close Public Hearing
h. Council Consideration: Ordinance No. 01 -
8:45 PM
9. CONSIDERATION OF A RESOLUTION ADOPTING THE FINAL ORDER
APPROVING THE BLUE HERON PARK SUBDIVISION (SUB2001-00001,
ZON2001-00002, SLR2001-00003, VAR2001-0002)
On June 11, 2001, the Planning Commission denied a request for approval of an
18-lot subdivision on 4.15 acres. The lots are to be developed with attached single-
family homes. Lot sizes within the development average just over 3,800 square feet.
Development is to be clustered on the west side of the development site, allowing for
the preservation and enhancement of the pond, wetland, and stream area on the
eastern portion of the property. A sensitive lands review is required for the
development due to the presence of steep slopes, a wetland, and a natural
drainageway on the site. On June 22, 2001, an appeal was filed regarding the
Planning Commission's denial of the project. On August 14, 2001, the Council
held a public hearing on the appeal; the proposed resolution adopting the Final
Order is now before the Council. LOCATION: 12450 SW Walnut Street; WCTM
2S 103BC-03900. The project site is located on the south side of SW Walnut
Street, opposite of SW 124' Avenue and west of SW 121' Avenue. ZONE: R-
4.5: Low-Density Residential District. The R-4.5 zoning district is designed to
accommodate detached single-family homes with or without accessory residential
units at a minimum lot size of 7,500 square feet. Duplexes and attached single-
family units are permitted conditionally. Some civic and institutional uses are also
permitted conditionally. REVIEW CRITERIA BEING APPEALED: Community
Development Code Chapter 18.390.
a. Staff Report: Community Development Staff
b. Council Discussion, Questions, Comments
C. Council Consideration: Resolution No. 01-
COUNCIL AGENDA - August 28, 2001 page 4
8:55 PM
10. PUBLIC HEARING - CONSIDER A ZONE ORDINANCE AMENDMENT TO
EXEMPT CERTAIN EXISTING BUILDINGS ABUTTING MAIN STREET FROM
ADDITIONAL OFF-STREET PARKING IN CERTAIN CIRCUMSTANCES
(ZOA2000-00004), AMENDING CHAPTER 18.765 OF THE TIGARD
COMMUNITY DEVELOPMENT CODE
The City of Tigard is requesting approval of a Zone Ordinance Amendment to
allow existing buildings directly abutting Main Street to be exempt from having to
add additional off-street parking for a change of use. However, construction of new
buildings and entertainment uses abutting Main Street will be required to meet the
off-street parking standards according to Table 18.765.2 (Minimum and Maximum
Required Off-Street Vehicle and Bicycle Parking Requirements) In the Tigard
Community Development Code. LOCATION: All properties abutting SW Main
Street. ZONE: CBD: Central Business District. The CBD zoning district is
designed to provide a concentrated central business district, centered on the City's
historic downtown, including a mix of civic retail and office uses. Single-family
attached housing, at a maximum density of 12 units/net acre, equivalent to the R-
40 zoning district, are permitted outright. A wide range of uses, including but not
limited to adult entertainment, utilities, facilities with drive-up windows, medical
centers, major event entertainment and gasoline stations, are permitted
conditionally. APPLICABLE REVIEW CRITERIA: Statewide Planning Goals 1, 2,
5 and 9; Comprehensive Plan Policies 1.1.1, 2.1.1, 2.1.2, 2.1.3 and 5.3; and
Community Development Code Chapters 18.380, 18.390 and 18.765.
a. Open Public Hearing
b. Staff Report: Community Development Department
C. Public Testimony
d. Staff Recommendation
e. Council Discussion, Questions, Comments
f. Close Public Hearing
g. Council Consideration: Ordinance No. 01 - la
9:10 PM
11. CONSIDER AN ORDINANCE AMENDING THE TIGARD MUNICIPAL CODE
REGARDING PERMIT ISSUANCE CONDITIONS FOR OVERSIZED LOADS
a. Staff Report: Police Staff
b. Council Discussion, Questions, Comments
C. Council Consideration: Ordinance No. 01 - 13
a
COUNCIL AGENDA - August 28, 2001 page 5
MINE
9:15 PM
12. CONSIDER AN ORDINANCE AMENDING THE TIGARD MUNICIPAL CODE
TO CLARIFY PROCEDURES FOR LIBRARY BOARD MEMBER APPOINTMENT
AND TERMS, AND THE PROCEDURE FOR EXCLUSION FROM THE LIBRARY
a. Staff Report: Library Staff
b. Council Discussion, Questions, Comments
C. Council Consideration: Ordinance No. 01 - it/-
9:25 PM
13. DISCUSS PROVISIONS OF THE TIGARD MUNICIPAL CODE CONCERNING
THE BUILDING APPEALS BOARD
a. Staff Report: Community Development Staff
b. Council Discussion, Questions, Comments
9:35 PM
14. COUNCIL LIAISON REPORTS
9:45 PM
15. NON AGENDA ITEMS
9:50 PM
16. 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 the applicable statue. All discussions are confidential and
those present may disclose nothing from the Session. Representatives of the news
media are allowed to attend Executive Sessions, as provided by ORS 192.660(3),
but must not disclose any information discussed. No Executive Session may be held
for the purpose of taking any final action or making any final decision. Executive
Sessions are closed to the public.
10:00 PM
17. ADJOURNMENT
I: ADMkCATHMCCA\010828.000
COUNCIL AGENDA - August 28, 2001 page 6
Agenda Item No. 3. I
Meeting of
MINUTES
TIGARD CITY COUNCIL MEETING
AUGUST 28, 2001
Council Present: Mayor Griffith, Councilors Dirksen, Moore, Patton, and Scheckla
• EXECUTIVE SESSION: The Tigard City Council went into Executive Session at
6:32 p.m. to discuss labor negotiations under ORS 192.660(1 d).
Council convened into Study Session at 7:00 p.m.
• STUDY SESSION
> STRATEGIC PLANNING DISCUSSION
City Manager Monahan led the discussion on strategic planning. Mr. Monahan
referred to infonnation summarized from an Executive Staff review of the strategic
plan. Mr. Monahan noted the financial issues facing the City of Tigard.
Council discussed tax increment financing options that may work for the Washington
Square area. In response to a comment from Councilor Scheckla that Metro should
also contribute to the Washington Square area, Mr. Monahan advised that Metro is a
clearinghouse for funding; therefore, it is valuable to have a plan in place to justify
requests for funding.
Mr. Monahan referred to information distributed to the City Council with regard to
the Washington County cities' tax rate comparison. (Tax rate comparison table is on
file with the City Recorder.) He noted that Tigard compares favorably to other cities
in Washington County. Staff has determined a need to evaluate current fees and
consider potential fees to ensure that the people who are requesting services are
paying for services. With regard to the information distributed to the City Council,
Mr. Monahan noted that the Financial Plan is a living document that is a tool for
planning and adjusting. Councilor Dirksen noted the benefit of establishing a priority
list is to promote a "domino effect" that make it more clear as to which priority must
be addressed first before another can be brought forward.
> ADMINISTRATIVE ITEMS
® Council reviewed a memorandum from Barbara Shields, Long Range
Planning Manager regarding Metro 2040 Fundamentals Discussion. A
recent public opinion survey was prepared by Metro to develop
COUNCIL MINUTES - August 28, 2001 page i
information regarding public attitudes in the region toward growth
management. A complete report will be sent to the City of Tigard soon.
Councilor Scheckla asked for a copy of the full report when received.
• City Manager noted that joint meeting with the City of Tualatin is
scheduled for October 15 in Tualatin to begin at 6 or 6:30. Details are
being finalized.
• The League of Oregon Cities' (LOC) request for assistance to fund
litigation that challenges cities' authority to charge franchise fees for the use
of telecommunications in public right of way was discussed. Council
received a memorandum dated August 27, 2001, to Bill Monahan from
Craig Prosser regarding this issue and a copy of this memorandum is on file
with the City Recorder. Consensus of Council was to support staff's
recommendation to support LOC's request for assistance in funding legal
fees in this litigation.
• Council briefly discussed the plans for the upcoming meeting to celebrate
the City's 401 birthday, September 11, 2001.
• City Manager Monahan noted that Attorney Ed Sullivan has asked for a
waiver of conflict of interest to represent Ken Rea, who desires to convert
a home on Tigard Street to an office. After brief discussion, consensus of
the City Council was to approve a waiver of conflict interest.
Business meeting convened at 7:30 p.m.
1. BUSINESS MEETING
1.1 Call to Order - City Council 8t Local Contract Review Board
1.2 Roll Call - Present: Mayor Griffith; Councilors Dirksen, Moore, Patton, and
Scheckla
1.3 Pledge of Allegiance
1.4 Council Communications 8z Liaison Reports: None.
1.5 Call to Council and Staff for Non-Agenda Items: None.
2. VISITOR'S AGENDA: None.
3. PROCLAMATIONS:
Mayor Griffith issued the following proclamations:
a. Proclamation - Disability Employment Awareness Month, October 2001
b. Proclamation - National Alcohol and Drug Addiction Recovery Month,
September 2001
C. Proclamation - Undoing Racism Day, September 20, 2001
COUNCIL MINUTES - August 28, 2001 page 2
4. CONSENT AGENDA - Motion by Councilor Moore, seconded by Councilor
Patton, to approve the Consent Agenda:
4.1 Approve Council Minutes: June 26, 2001
4.2 Local Contract Review Board
a. Award Contract for the Construction of Fiscal Year 2001-2002 Pavement
Major Maintenance Program to Eagle-Eisner
b. Award Contract for the Construction of Fanno Creek Trail - Segment 3
(Tiedeman Avenue to Woodard Park) to Tri-Mountain Excavating
c. Approve Purchase of Four 2002 Ford Victorlas from Gresham Ford
4.3 Support Participation in the ICMA International Resource Cities Program -
Resolution No. 01-53
The motion was approved by a unanimous vote of City Council present:
Mayor Griffith - Yes
Councilor Dirksen - Yes
Councilor Moore - Yes
Councilor Patton - Yes
Councilor Scheckla - Yes
5. RECOGNITION OF NANCY 1RWiN AND LARRY BECK FOR SERVICE ON THE
LIBRARY BOARD
Mayor Griffith presented to Nancy Irwin a Certificate of Appreciation and a City of
Tigard logo pin. (Mr. Beck was unable to attend the meeting.)
6. CONSIDER APPROVING THE NEW TiGARD LIBRARY CONSTRUCTION
COMMITTEE'S RECOMMENDED SITE FOR THE PROPOSED NEW LIBRARY
Library Director Margaret Barnes introduced New Library Construction Committee
members George Burgess and David Chapman. A PowerPoint presentation was
reviewed with the City Council and is on file with the City Recorder. Mr. Burgess
gave background of the Committee's membership and reviewed that "Site E" was the
site the Committee recommended for the proposed new library. This site is located
along the east side of Hall Boulevard across from the intersection at O'Mara Street.
A digital photograph is on file with the City Recorder depicting the site location.
Mr. Burgess also reviewed the criteria established by the Committee for site selection.
He asked the City Council to accept this site.
COUNCIL MINUTES - August 28, 2001 page 3
Mr. Chapman noted that the New Library Construction Committee unanimously
selected "Site E." He asked that the City Council direct City Staff to enter
negotiations to enter into negotiations with the property owner to place an option on
the site.
Discussion followed with the City Council members. It was noted that nothing in the
proposed concept for the building or site development would affect the wetland area.
Motion by Councilor Dirksen, seconded by Councilor Moore, to accept "Site E."
The motion was approved by a unanimous of City Council present:
Mayor Griffith - Yes
Councilor Dirksen - Yes
Councilor Moore - Yes
Councilor Patton - Yes
Councilor Scheckla - Yes
Motion by Councilor Moore, seconded by Councilor Patton, to authorize the staff to
enter into negotiations with the property owner for an option on the property.
The motion was approved by a unanimous of City Council present:
Mayor Griffith - Yes
Councilor Dirksen - Yes
Councilor Moore - Yes
Councilor Patton - Yes
Councilor Scheckla - Yes
7. BEAR AN INITIAL PROGRESS REPORT FROM THE TRANSPORTATION
FINANCING STRATEGIES TASK FORCE
City Engineer Gus Duenas introduced Task Force Member Bev Froude. A
PowerPoint presentation was reviewed with the City Council and copy of the
presentation is on file with the City Recorder.
a The Task Force was formed by the City Council to evaluate reasons for failure of the
November 2000 transportation bond measure and to determine funding strategies.
3 The Task Force met four times since April 2001. Tonight's report is the initial report
to the City Council. The Task Force is seriously considering recommending
implementation of a street utility fee for maintenance and is continuing to review
other funding sources for street improvements. The presentation included an in-
depth look at street maintenance, including preventative and corrective maintenance.
COUNCIL MINUTES - August 28, 2001 page 4
IM,
Funding is also needed for widening and reconstruction of major collectors to meet
existing and future traffic demands and to meet current geometric alignment
standards. It was noted that preventative maintenance pays off by increasing the life
of a street before major work is needed.
After the presentation, City Council discussed the feasibility of implementing a street
utility fee for the City of Tigard. Majority consensus of City Council was favorable.
Councilor Scheckla said he was reluctant to agree to this type of fee and was
concerned about how this would be accepted by citizens. He also referred to past
issues he has had concerning SW North Dakota Street.
Motion by Councilor Patton, seconded by Councilor Moore, to go forward with the
study of the street maintenance fee.
The motion was approved by a majority of City Council present:
Mayor Griffith - Yes
Councilor Dirksen - Yes
Councilor Moore - Yes
Councilor Patten - Yes
Councilor Scheckla - No
In response to a question from Mayor Griffith about whether the Task Force is
looking into a proposing a bond measure, Councilor Moore advised that at this time
such an effort has been set aside and possibly reconsidered in about three years.
8. QUASI-JUDICIAL PUBLIC HEARING - CONSIDER AN ORDINANCE
VACATING APPROXIMATELY 11,702 SQUARE FEET OF PUBLIC RIGHT OF
WAY ON SW BEVELAND STREET, IN THE CITY OF TIGARD, WASHINGTON
COUNTY, OREGON (VAC2001-00002)
REQUEST: The applicant is requesting that the City of Tigard vacate an unused
portion of public right of way on SW Beveland Street, west of SW 72"d Avenue.
Southwest Beveland Street west of SW 72"d Avenue has been relocated south to
align directly with SW Beveland Street east of SW 72"d Avenue. The new
alignment was constructed across tax lots 2S 101 AB-02705, 2S 101 AB-02706
and 2S 101 AB-02707, which are owned by Lowe's Hardware. The purpose for
the relocation was to ensure better traffic flow at the SW Beveland/SW 72nd
intersection. The land needed for that improvement and the associated right of
way was dedicated by Lowe's Hardware to the City of Tigard. As a result of the
relocation, the old right of way for SW Beveland Street has effectively been
abandoned. LOCATION: The section of SW Beveland Street public right of way,
which lies west of SW 72"d Avenue. Date request was filed: May IS, 2001
COUNCIL MINUTES - August 28, 2001 page 5
a. Mayor Griffith opened the public hearing.
b. Mayor Griffith asked for declarations or challenges. There were none.
C. Community Development Director Jim Hendryx presented the staff report.
The City Council was considering the vacation of a portion, approximately
11,702 square feet, of public right-of-way in what is commonly known as SW
Beveland Street.
d. Public Testimony:
• Frank Flynn, Attorney, Stoel Rives, et al, 900 SW Fifth Avenue, Portland,
Oregon. Mr. Flynn reported on negotiations among property owners (Mr.
and Mrs. Stober and Mr. Wood). Mr. Flynn explained the process
wherein the Stobers asked to be reassured that they would maintain full
access to their property. Negotiations have been ongoing with regard to
the access and easement width.
The easement width needs to be modified. City Attorney Ramis advised
that a change to the easement width does not appear to be a substantial
change. Community Development Director Hendryx confirmed that staff
reviewed the request for a change in the easement's width.
e. Staff recommended the vacation request be approved as modified by the
applicant.
f. Mayor Griffith closed the public hearing.
g. Council consideration:
Motion by Councilor Scheckla, seconded by Councilor Dirksen, to adopt
Ordinance No. 01-11.
ORDINANCE NO. 01-11 - AN ORDINANCE CONCERNING
VACATION OF APPROXIMATELY 11,702 SQUARE FEET OF PUBLIC
I RIGHT OF WAY ON SW BEVELAND STREET, IN THE CITY OF TIGARD,
i WASHINGTON COUNTY, OREGON (VAC 2001-00002).
i The motion was approved by a unanimous of City Council present:
a
Mayor Griffith - Yes
s Councilor Dirksen - Yes
Councilor Moore - Yes
Councilor Patton - Yes
Councilor Scheckla - Yes
COUNCIL MINUTES - August 28, 2001 page 6
9. CONSIDERATION OF A RESOLUTION ADOPTING THE FINAL ORDER
APPROVING THE BLUE HERON PARK SUBDIVISION (SUB2001-000011
ZON2001-00002, SLR2001-00003, VAR2001-0002)
On June 11, 2001, the Planning Commission denied a request for approval of an
18-lot subdivision on 4.15 acres. The lots are to be developed with attached
single-family homes. Lot sizes within the development average just over 3,800
square feet. Development is to be clustered on the west side of the development
site, allowing for the preservation and enhancement of the pond, wetland, and
stream area on the eastern portion of the property. A sensitive lands review is
required for the development due to the presence of steep slopes, a wetland, and a
natural drainageway on the site. On June 22, 2001, an appeal was flied regarding
the Planning Commission's denial of the project. On August 14, 2001, the
Council held a public hearing on the appeal; the proposed resolution adopting the
Final Order is now before the Council. LOCATION: 12450 SW Walnut Street;
WCTM 2S103BC-03900. The project site is located on the south side of SW
Walnut Street, opposite of SW 1241 Avenue and west of SW 1211 Avenue.
ZONE: R-4.5: Low-Density Residential District. The R-4.5 zoning district is
designed to accommodate detached single-family homes with or without accessory
residential units at a minimum lot size of 7,500 square feet. Duplexes and attached
single-family units are permitted conditionally. Some civic and institutional uses are
also permitted conditionally. REVIEW CRITERIA BEING APPEALED:
Community Development Code Chapter 18.390.
Planning Manager Dick Bewersdorff presented the staff report. Mr. Bewersdorff
highlighted the elements of the Final Order, including four additional City Council
conditions. The four conditions addressed fencing adjacent to dwelling units, the
planting of two-inch caliper trees in setbacks, establishment of an escrow account to
recover damage to retained trees over 12 inches in caliper, and study of the need
for a painted crosswalk at the intersection of 124' Avenue and a private street.
City Council discussed elements of the findings. It was noted that the development
will have good-neighbor fencing on the developed portion of the site.
There was lengthy discussion on the escrow account to recover damage to retained
trees over 12 inches in caliper. Fifty-one trees were potentially affected by
construction. Total value for these trees was estimated to be approximately
$200,000. Safeguards to protect trees included the provision that the applicants
are responsible for the trees and if damage occurs, then $47,000 would be
charged for additional mitigation.
Mr. Matt Sprague and Mr. Al Jeck were present to represent the applicant. Mr.
Jeck advised that the third condition added by the City Council with regard to the
COUNCIL MINUTES - August 28, 2001 page 7
security to cover the value of the trees was of concern. He asked for flexibility in
the pledging of funds to meet the intent of the third condition, which is to protect
trees. There was discussion with regard to how such wording should be set forth in
the Final Order. Councilor Moore said the wanted to be sure that the trees were
protected, but also not encumber the development with an unnecessary
requirement. If a line-of-credit would accomplish the intent of this condition, then
this would be acceptable to Councilor Moore. City Attorney Ramis suggested using
the word "security" in a form acceptable to Planning Director in the amount of
$100,000 to cover the value of all 12-inch or greater trees. It was noted that the
proposed resolution would need to be amended to reflect this change.
Motion by Councilor Moore, second by Councilor Dirksen, to adopt Resolution
No. 01-54 with the Findings and Final Order as amended to be signed after review
by the Mayor.
Councilor Dirksen clarified that the damage to trees, as referred to in the Final
Order, would be "caused by construction."
Motion was approved by a majority of City Council present:
Mayor Griffith - Yes
Councilor Dirksen - Yes
Councilor Moore - Yes
Councilor Patton - Yes
Councilor Scheckla - No
Council meeting recessed at 9:00 p.m.
Council meeting reconvened at 9:10 p.m.
10. PUBLIC HEARING - CONSIDER A ZONE ORDINANCE AMENDMENT TO
EXEMPT CERTAIN EXISTING BUILDINGS ABUTTING MAIN STREET FROM
ADDITIONAL OFF-STREET PARKING IN CERTAIN CIRCUMSTANCES
(ZOA2000-00004), AMENDING CHAPTER 18.765 OF THE TIGARD
COMMUNITY DEVELOPMENT CODE
The City of Tigard is requesting approval of a Zone Ordinance Amendment to
allow existing buildings directly abutting Main Street to be exempt from having to
add additional off-street parking for a change of use. However, construction of new
buildings and entertainment uses abutting Main Street will be required to meet the
off-street parking standards according to Table 18.765.2 (Minimum and Maximum
Required Off-Street Vehicle and Bicycle Parking Requirements) in the Tigard
Community Development Code. LOCATION: All properties abutting SW Main
COUNCIL MINUTES - August 28, 2001 page 8
IRWIN =MJ
Street. ZONE: CBD: Central Business District. The CBD zoning district is
designed to provide a concentrated central business district, centered on the City's
historic downtown, including a mix of civic retail and office uses. Single-family
attached housing, at a maximum density of 12 units/net acre, equivalent to the R-
40 zoning district, are permitted outright. A wide range of uses, including but not
limited to adult entertainment, utilities, facilities with drive-up windows, medical
centers, major event entertainment and gasoline stations, are permitted
conditionally. APPLICABLE REVIEW CRITERIA: Statewide Planning Goals 1, 2,
5 and 9; Comprehensive Plan Policies 1.1.1, 2.1.1, 2.1.2, 2.1.3 and 5.3; and
Community Development Code Chapters 18.380, 18.390 and 18.765.
a. Mayor Griffith opened the public hearing
b. Community Development Director ]im Hendryx presented the staff report.
The issue before the City Council was whether the City Council should adopt
an ordinance that would allow existing buildings directly abutting SW Main
Street to be exempt from having to add additional off-street parking for a
change of use and new construction to replace existing square footage.
Construction of new buildings and entertainment uses abutting SW Main Street
would be required to meet off-street parking standards according to Table
18.765.2 of the Tigard Community Development Code.
Note: The Council considered Agenda Item No. 11 at this point in the meeting
while Community Director Hendryx researched the Code to determine how
entertainment uses would be affected with respect to the proposed revisions to
the Code. He advised that, as an example, a bingo parlor would be required
to meet off-street parking requirements.
C. Public Testimony: None.
d. Staff recommended that the City Council adopt the proposed ordinance.
e. Mayor Griffith closed the public hearing.
f. Council consideration:
Motion by Councilor Patton, seconded by Councilor Moore. to adopt
Ordinance No. 01-12.
ORDINANCE NO. 01-12 - A ZONE ORDINANCE AMENDMENT (ZOA
2000-00004) AMENDING CHAPTER 18.764 OF THE TIGARD
COMMUNITY DEVELOPMENT CODE.
COUNCIL MINUTES - August 28, 2001 page 9
The motion was approved by a unanimous of City Council present:
Mayor Griffith - Yes
Councilor Dirksen - Yes
Councilor Moore - Yes
Councilor Patton - Yes
Councilor Scheckla - Yes
11. CONSIDER AN ORDINANCE AMENDING THE TIGARD MUNICIPAL CODE
REGARDING PERMIT ISSUANCE CONDITIONS FOR OVERSIZED LOADS
City Manager Bill Monahan reviewed the staff report prepared by Chief of Police Ron
Goodpaster. He noted restrictions for moving of oversized loads would apply during
weekday time periods. Because Council members had questions with regard to the
Code language for weekend activity, consideration on this item would be delayed until
Chief Goodpaster could clarify his intent with weekend activity. This item was set
over to September 25, 2001. (City Recorder's note: City Council reviewed this
item on October 9, 2001.)
12. CONSIDER AN ORDINANCE AMENDING THE TIGARD MUNICIPAL CODE
TO CLARIFY PROCEDURES FOR LIBRARY BOARD MEMBER APPOINTMENT
AND TERMS, AND THE PROCEDURE FOR EXCLUSION FROM THE LIBRARY
Library Director Margaret Barnes presented the staff report. The issue before the City
Council was whether the City Council should amend the Tigard Municipal Code
sections 2.36.030, 2.36.040, 7.100.10 and 7.100.40 to clarify procedures for
Library Board member appointment and terms and the procedure for exclusion from
the Tigard Public Library. Details of the proposed amendments are contained in the
staff report, which is on file with the City Recorder.
Motion by Councilor Scheckla, seconded by Councilor Patton, to adopt Ordinance
No. 01-13.
ORDINANCE NO. 01-13 - AN ORDINANCE AMENDING CHAPTERS
2.36.030, 2.36.040, 7.100.10 AND 7.100.40, OF THE TIGARD MUNICIPAL
CODE TO CLARIFY PROCEDURES FOR LIBRARY BOARD MEMBER APPOINT
AND TERMS, AND THE PROCEDURE FOR EXCLUSION FROM THE TIGARD
PUBLIC LIBRARY.
COUNCIL MINUTES - August 28, 2001 page 10 effil
1111111111111 E11111111111111111 mi
The motion was approved by a unanimous of City Council present:
Mayor Griffith - Yes
Councilor Dirksen - Yes
Councilor Moore - Yes
Councilor Patton - Yes
Councilor Scheckla - Yes
13. DISCUSS PROVISIONS OF THE TIGARD MUNICIPAL CODE CONCERNING
THE BUILDING APPEALS BOARD
Building Official Gary Lampella reviewed the staff report. The question before the
City Council was whether Tigard Municipal Code Chapter 2.09, Building Appeals
Board, should be revised or retained in its current format. After discussion with
the City Council, the consensus was to reduce the number of board members from
13 to 7 or 8. Mr. Lampella will return to the City Council at a future meeting
date with an ordinance to adjust the number of board members.
14. COUNCIL LIAISON REPORTS: None.
15. NON AGENDA ITEMS: None.
16. EXECUTIVE SESSION: No Executive Session was held.
17. ADJOURNMENT: 9:40 p.m.
3-44W A e- LJ2
Catherine Wheatley, City R~corder
Attest:
yor, (Cit-y-bf rd
ate: / a0v t
I: W D NP CAT HYICC M1010828. D OC
COUNCIL MINUTES - August 28, 2001 page 11
COMMUNITY NEWSPAPERS
0. BOX 370 PHONE (503)684-0360 Legal
1
2ZCVDIM AU G 13 26 BEAVERTON, OREGON 97075 Notice TT 9934
Legal Notice Advertising
RECEIVED C.O.T. ~
"City of Tigard ❑ Tearsheet Notice AUG 14 2001
13125 SW Hall Blvd.
'2igard, Or. egon 9 7 2 2 3 • ❑ Duplicate Affidavit
Administration ;
"Accounts Payable •
AFFIDAVIT OF P1 IQI Il'ATI^Ll
_
STATE OF OREGON, The following will be considered by thaj 0,,
COUNTY OF WASHINGTON, ) ss' Tuesday, August 28,2001, st 7:30 p.m: at-the Tigard Civic Center
TbwwfIall, 13125, SW Hall Boulevard, Tigard, Oregon. The Council
I, ua t h y Snyc1 e r wi11 receive a recippmendatioa from the Planning Commission. .
Public oral or. written testimony is invited. The public hearing on this j
being first duly sworn, depose and say th. niatier'will be conducted in: accordance with Chapter 18.390 of the
Director, or his principal clerk, of this Tigard Municipal Code and the'rules of. procedure' adopted by•the
a newspaper of general circulation as d Council and available.at-Ci Ball or the rules of procedure set forth
and 193.020; published at Tictarc . .
sn Section 18.390.060E of the community Development Code.
aforesaid county and state; that the f
~~hli e IIe a r; n a / Z 07, 2 0 0 0 - 0 Q ! F~• information Wray. be, obtained from the City of Tigard i
Planning Division at 13125 SW Fall Blvd.; Tigard, Oregon 97223, or
a printed copy of which is hereto annexe. b' calling503-639-4171. . • .
entire issue of said newspaper for U LIC HEARING ITEM: -
ZONE ORDINANCE AMENDMENT (ZOA) 2000-00004
consecutive in the following Issues: > DOWNTOWN PARVJNC CODE AMENDMENT <
The City, of Tigard is -requesting approval, of a Zone Ordinance
August 9 , 2 0 01 Amendment to allow existing; buildings directly abutting Main Street
to be exempt from having to, add additional ofd street. parking for a
change . of use. However, construction of new bui'Idings and
entertainment uses abutting, Main: Street' viill be required to •ineet the
off-street parking standards according to Table 18.765.2 (Minimum
and Maximum Required Off Sheet', Vehicle and Bicycle Parking.
Requirements) in the.'•Ti*d" Community Development Code.
Subscribed or o ore me thi LOCATION: All- properties abutting -SW Main Street. ZONE: i
CBD: Central.Business District. The. CBD zoning district is designed.
to provide a concentrated central business district„- centered on the
City's historic downtown, including a mix, of civic, retail and office
Ni uses. Single-family attached housing,'at a maximum. density of 12
units/net acre; equivalent to the R-40 zonin district, are p tted
My Commission Expires: outright. A wife range or uses4 including but not,lttntted WmON,
entertainment, utilities, facilities with drive-up 'windows, medical 1
AFFIDAVIT centers, major event entertainment and lose -stations, are
permitted conditionally. APPLICABLE dMM_*;:CRUIRRIAt
Statewide Planning Cbals 1, 2, S and-9; Compt'ejiensive' Phan Policies
.1.1.423.1, 2.1.2,-!.1 :3 and 5.3; and Community Dcvelopment Code
'Chaptcc's 18.380. 18.390 and 18:76 ~
V'tCt?It4°9Pt31M
ffisloas'assae[
,1fh42i190Q~44 ' .
• s~:ssaaams
ia01V117G1NH..:i .
COM
ANEN ENI
r ~ w A" i
+ t ~ q
Isublish AtlguB 9,"2001, ;
TT"934
'ills
CITY OF TIGARD, OREGON
AFFIDAVIT OF POSTING
In the Matter of the Proposed
STATE OF OREGON )
County of Washington ) ss.
City of Tigard )
I, k6k begin first duly sworn, on oath,
depose and y:
That I posted in the following public and conspicuous places, a copy of Ordinance
Number (s)
which were adopted at the Council Meeting dated ! copy(s)
of said ordinance(s) being reto attached and by reference made a part hereof, on the _
1 day of 1 34 "NuN , 20 0 l
1. Tigard City Hall, 13125 SW Hall Blvd., Tigard, Oregon
2. Tigard Library, 13125 SW Hall Blvd., Tigard, Oregon
3. Tigard Water Department, 8777 SW Burnham, Tigard, Oregon
Subscribed and sworn to before me this day of A/o Fern be.- , 20 n I
Notary Public for Oregon
My Commission Expires:
OFFMAL SEAL
CAREER A GASTOIaI
NOTARY PUBLo.ME90N
COMMMSION NO. 327906
IiW COMMiS M EXPIRES OCT. 19. 2003
f ~
Attachment 1
CITY OF TIGARD, OREGON
ORDINANCE NO.OI--LL-
AN ORDINANCE CONCERNING THE VACATION OF APPROXIMATELY 11,702
SQUARE FEET OF PUBLIC RIGHT-OF-WAY ON SW BEVELAND STREET, IN THE
CITY OF TIGARD, WASHINGTON COUNTY, OREGON (VAC2001-00002).
WHEREAS, the Tigard City Council initiated this vacation request pursuant to Section 15.08.040
of the Tigard Municipal Code on July 10, 2001, and
WHEREAS, the approximate 11,702 square foot portion of the right-of-way had previously been
dedicated to the public; and
WHEREAS, SW Beveland Street has been realigned to ensure better traffic flow at the SW
Beveland/SW 72nd Avenue intersection; and
WHEREAS, the applicant has requested that the City of Tigard vacate the approximate 11,702
square foot portion of public right-of-way; and
WHEREAS, the said portion of public right-of-way may no longer be necessary; and
WHEREAS, the Tigard City Council finds it appropriate to vacate the requested public right-of-
way;
WHEREAS, the City will no longer have maintenance responsibility of this area; and
WHEREAS, all affected service providers, including utility companies and emergency service
providers, have reviewed the'vacation proposal and have provided no objections; and
WHEREAS, notice has been mailed to all property owners abutting said vacation area and all
owners in the affected area, as described by ORS 271.080; and
WHEREAS, in accordance with Tigard Municipal Code 15.08.120, notice of the public hearing
was posted in the area to be vacated and published in the newspaper; and
WHEREAS, the property owners of the majority of the area affected have not objected in writing;
and
WHEREAS, the City Council having considered the request at a public hearing on August 28,
2001, finds that it is in the public interest to approve the request to vacate said public right-of-way
as the public interest will not be prejudiced by this vacation, as provided by ORS 271.120 and
TMC Section 15.08.130.
ORDINANCE No. 01- 1
i:\citywide\ord\ VACBE V ELANDORD.doc
Page i of 2
111=~~ 0 1111111111 loll
~ t
NOW, THEREFORE, THE CITY OF TIGARD ORDAINS AS FOLLOWS:
SECTION 1: The Tigard City Council hereby orders the vacation of an approximate 11,702
square foot portion of public right-of-way as more particularly described in
Exhibit "A" and Exhibit "B" and by reference, made a part hereof.
SECTION 2: This ordinance shall be effective 30 days after its passage by the Council,
approval by the Mayor, and posting by the City Recorder.
PASSED: By un (LyY% 10UlS vote of all Council members present after being read by
number and title only, this c'W `l day of , 2001.
'n11 GC~
atherine Wheatley, City ecorder
APPROVED: By Tigard City Council this 2j day of 2001.
J G r
Approved as to form:
Attorney
a~ ayQ
=~~~4- Date
ORDINANCE No. 01- 1
i:\citywide\ord\VACBEVELANDORD.doc
Page 2 of 2
Exhibit A
Grtiffinl LANd SURVEyiegq
12700 SW North Dakota St. - Suite 180, PMB 218 - Tigard, Or. 97223 Office: (503)5798503
Fare (503)579-6823
April 30, 2001
S.W. l3eveland Road - Right of Way Vacation
Legal Description .
A portion of SW Beveland Road as platted in "Hermoso Park" a subdivision filed In Washington
County Plat Records, situated In the NE 114 of Section 1, TA., RIK, W.M., City of Tigard,
Washington County, Oregon, being more particwiariy described as follows:
Beginning at the Southwest comer of Lot 18 of said 'Hermosa Parr;
Thence Easterly along the North right of way One' of said SW Beveland Road to a point 46 feet
vmsterly, when Ineasured•st right angles, from the centertine of SW 72nd Avenue; •
Thence parallel with said centerline. S 2033'30' W, 30.17 lest to the canterline of said SW
Beveland Road;
Thence continuing parallel with the centerline of said SW 72nd Avenue, S 2'3330' W, 22.37
feet
Thence along the are of a curve concave Westerly, having a radius of 20.00 feet, through a
central angle of 22"24'32" (chord bears S 13°45'48" W, 7.77 feet) a distance of 7.82 feet to the
South right of way line of said SW Beveland Road;
Thence along Bald South right of way line, N 81°5422" W, 150.17 feet;
Thence along the arc of a non-tangent cxirve concave Northeasterly, radius point gars
N 29•27'42` E, 245.00 feet, through a central angle of 9"1659" (chord bears N 55°53'48' W,
39.65 feet) a distance of 39.69 feet;
Thence along the arc of at reverse curve concave Southvwesterly, having a radius of 305.00 feet,
through a central angle of 5'35'28' (chord bears H 54603'62" W. 29.75 feet) a distance of 29.75
feet to a point S 8°05'38' W from.the Southwest comer of said Lot 18;
Thence N 8°05'38' E, 28.71 feet to the point of beginning.
Courses in the above description are derived from a Record of Survey prepared In March 2001
by Minister-Glaeser Surveying Inc.
i
REGISTERED
PROFESS I®NA11-
LAND SURVEYOR
OREGON
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72ND AVENUE
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Community ,elopcl►ent
CITY OF TIGARD, OREGON
ORDINANCE NO. 01-)a
A ZONE ORDINANCE AMENDMENT (ZOA2000-00004), AMENDING CHAPTER 18.765 OF
THE TIGARD COMMUNITY DEVELOPMENT CODE.
WHEREAS, the Main Street area is envisioned as a "focal point" for the community in "Tigard Beyond
Tomorrow";
WHEREAS, current buildings abutting SW Main Street are historical in character and possess a distinctive
shape and size that help define this area;
WHEREAS, buildings abutting SW Main Street are exempt from the off-street parking standards for a
change of use, which will help maintain these buildings' viability for use, thereby maintaining the area's
character; and
WHEREAS, construction of new buildings abutting Main Street and entertainment uses will be required to
meet the off-street parking standards according to Table18.765.2 (Minimum and Maximum Required Off-
Street Vehicle and Bicycle Parking Requirements); and
WHEREAS, the Planning Commission opened a Public Hearing on the request on November 6, 2000, and
indicated they were supportive of the proposed amendment with the addition that "new construction to
replace existing square footage is also not required to add additional off-street parking" and directed staff to
prepare langauge and an Ordinance for Council review and approval; and
WHEREAS, the City Council will determine that the proposed language adequately addresses concerns
regarding the exemption of off-street parking for a change of use in existing buildings abutting SW Main
Street, however, requiring new buildings and entertainment uses to meet current off-street parking
standards.
NOW, THEREFORE, THE CITY OF TIGARD ORDAINS AS FOLLOWS:
SECTION 1: Table 18.765.2 of the Tigard Development Code is hereby amended to add the
following language: (see Exhibit A)
151 Existing buildings directly. abutting Main Street are not required to add additional
off-street narking for a change of use except for entertainment uses New buildings or
existing buildings that: undergo. remodeling_nrovided. the original square footage of
the buildings remain the same. -also., are not required to add additional off-street
arkin Entertainment, uses: an(f construction of nd*-I buildings abutting Main .Street
require narking according ta.die standards of TAW.1.&.165.2,
SECTION 2: This ordinance shall be effective 30 days after its passage by the Council, signature by
the Mayor, and posting by the City Recorder.
ORDINANCE No. 01-~
Pagel of 2
11 11111 -
PASSED: By U Y10 nl M DU5vote of all Coun5c'1 members present after being read by number and
title only, this cDV201 day of : 2001.
Lk
Catherine Wheatley, City Recorde
APPROVED: By Tigard City Council this day of , 2001.
7~es E. Griffith, 14#1
A roved as to form:
ity Attorney
Date
1:Urp1nM)eth\parking amendment\zoa2000-00004.Ord.doc
ORDINANCE No. 01
-
Page 2 of 2
1illio
1 ME
a.ZRAFT.......ZRAFT..as..a.DRAFT DRAFT DRAFT........ DRAFT...... EXHIBITA
ADDITIONS: Indicated in highlight& undeAlne
DELETIONS: NONE ::1
Table 18.765.2 Minimum and Maximum Required Off-street Vehicle and Bicycle Parking Requirements (Cont.)
M - 001V11M
MINIMUM ZONE A ZONE B BICYCLE
Postal Services 2.5/1,000 3.0/1,000 4.5/1 000 0.3/1,000
Public Support Facilities none none none none
Religious Institutions 1.0/2 seats in main assembly area (M) 1.0/1.7 seats in main assembly area 1.0/1.3 seats in main assembly 1.0/20 seats in main assembly
M area area
Schools Preschool: 5.0+1/classroom Preschool: 7.0+1.0 classroom Preschool: 10.0+1/classroom Preschool: 1.0/classroom
Elementary!JR: 2.0/classroom Elementary/JR:2.5/classroom Elementary/JR:3.5/classroom Elementary/JR: 6.0/classroom
SR: 1.015 students/staff M SR: 1.0/3.3 students/staff M SR: 1.0/3.3 students/staff SR: 6.0/classroom
Social/Fraternal Clubs/Lod es 10.0/1000 main assembly area 12.0/1,000 main assembly area 14.0/1000 main assembly area 2.0/1000 main assembly area
COMMERCIAL.
Commercial Lodging 1.0/room 1.2/room. 1.4/room 1.0/10 rooms
Eating and Drinking Fast food: 9.9/1,000 (M) 12.4/1,000 (M) 14.9/1,000 (M) All: 1.0/1,000
Establishments other: 15.311000 M 19.1/1000 23.0/1000 M
Entertainment - Oriented
Major Event Entertainment 1.0/3 seats or 1.0/6' bench 1.0/2.5 seats or 1.012 seats or 1.0/10 seats or 40' bench
1.015' bench 1.0/4' bench
Outdoor Entertainment 4.0/1,000 M 4.511 000 5.0/1 000 0.411 000
Indoor Entertainment 4.3/1,000 (M) 5.411,000 (M) 6.511,000 (M) 0.511,000
Theater: 1.0/3 seats M Theater: 1.0/2.5 seats M Theater 1.0/2.0 seats M 1.0/10 seats
Adult Entertainment 2.5/1,000 3.5/1,000 4.511,000 0.511,000
1.0/3 seats 1.0/1.25 seats M 1.0/2.0 seats M 1.0/20 seats
General Retail
Sales - Oriented 3.7/1.,000 M 5.1/1 000 M 6.2/1,000 0.3/11000
Personal Services 2.5/1,000 3.011,000 4.5/1,000 1.0/1,000
Bank with drive in: 4.3/1,000(M) 5.4/1000 6.5/1,000 M 1.0/1000
Repair - Oriented 3.3/1,000 4.011000 4.5/1,000 0.311000
Bulk Sales 1.0/1,000 but no less than 10.0 1.3/1,000 2.0/1,000 0.3/1,000
Outdoor Sales 1.0/1,000 sales area 1.3/1,000 sales area 2.0/1,000 sales area 0.111,000 sales area
Animal - Related 3.3/1,000 4.0/1,000 4.5!1,000 0.3/1,000
abutting a' Street are roguircd to dd additional off-street arkin for a change f u §e except for entertainment use . Entertainment uses and
c2LgRdon w in ark' according t the-slMdards of Table 8 7 2. New uil ffi s or existing uildin s at under rem eling-Rrovided
ft gliigi a g , g fbgt4go of the buildings reMain the same also are not required to add additional off-street parking.
Off-Street Parking and Loading Requirements 18.765-16 11126198
(i:Urpln\beth\parking amendment\=2000.00004.table 18.doc Revised 1-Aug-01)
Sr OlOORA►IIIC INFORM ITIOM ST41eY
VICINITY MAP
S~
H
C<q~ 3T Q` p eo_ ~ eee- a eee- ee~
x m ZOA2000-00004 _
ea eee. ees• ee~ ®e~ a ,e
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5~ "s PARKING
0° c CODE
AMENDMENT
A
Properties that directly abut SW Main Street A
are indicated in hash marks N
0 200 400 6W Feet
1'• 437 feel
City of Tigard
T
InfOn'680n on We neap Is for genenl location only end
4hould be veASed Wth the Development Servlcae Diwzion,
13125 SW Hal Blvd
T igeN, OR 97223
(503) 631+.4171
httP:fAwAv.Ci.UPrd.or.ue
Community Development Plot date: Oct 2, 2000; C:LnagicVvIAGIC03.APR
1
CITY OF TIGARD, OREGON
ORDINANCE NO. 01- /3
AN ORDINANCE AMENDING CHAPTERS 2.36.030, 2.36.040, 7.100.10, AND 7.100.40, OF THE
TIGARD MUNICIPAL CODE TO CLARIFY PROCEDURES FOR LIBRARY BOARD MEMBER
APPOINTMENT AND TERMS, AND THE PROCEDURE FOR EXCLUSION FROM THE TIGARD
PUBLIC LIBRARY.
WHEREAS, certain sections of the Tigard Municipal Code referring to the operation of the library board
are outdated;
WHEREAS, current code provisions regarding exclusion from the Tigard Public Library are outdated
and/or ambiguous, and are in need of revision;
WHEREAS, the public interest is served by clarifying the Tigard Municipal Code in these areas;
NOW, THEREFORE, THE CITY OF TIGARD ORDAINS AS FOLLOWS:
SECTION 1: Section 2.36.030(b)(1) of the Tigard Municipal Code is amended to read as follows:
(1) The term for each library board members shall be four (4) years. Terms commence on
July 1 and end on June 30 four years after commencement. Existing members shall
complete their terms, with two terms ending each June 30 of each year, except that only
one term shall end on June 30, 2005 and each fourth year after that.
SECTION 2: Section 2.36.030(b)(2) of the Tigard Municipal Code is amended to read as follows;
(2) The City Council shall appoint a person to a four year term on expiration of the term of
any member of the library board. If a vacancy occurs for any reason other than
expiration of a term, the City Council shall appoint a new member to serve for the
duration of the unexpired term. The library board shall advise the City Council of any
unfilled vacancies.
SECTION 3: Section 2.36.030(b)(3)of the Tigard Municipal Code is amended to read as follows:
i
(3) No person may serve more than two (2) consecutive full terms on the library board. A
person who is appointed to fill an unexpired term may serve two full consecutive terms
immediately after the partial term. A person who has served two consecutive full terms
may be appointed to the library board no sooner than one full calendar year after
expiration of the last term the person served. For purposes of this section, a person who
starts a full term is deemed to have served the full term, even if that person does not
complete the term.
SECTION 4: Section 2.36.030(d) of the Tigard Municipal Code is amended to read as follows:
ORDINANCE No. 014-5-
Page 1
(d) Officers. The library board shall, at its first meeting after July 1 of each year, elect a 1
chairperson and a chairperson pro tem. The chairperson shall preside over meetings of
the board, and the chairperson pro tem shall preside over meeting when the chairperson
is absent. If both the chairperson and the chairperson pre tem are absent and a quorum
is present, the members present shall by motion decide which of the members present
shall preside over the meeting. Any member may preside over the motion to elect the
person to preside over a single meeting. If the chairperson or chairperson pro tem
should resign, the board shall elect a replacement at the first possible opportunity. All
terms as chairperson or chairperson pro tem shall temninate on election of a successor.
SECTION 5: Section 2.36.030(e) shall be added to the Tigard Municipal Code and read as follows:
(5) The Director of Library Services or designee shall serve as secretary to the library board
and shall keep accurate records of all board meetings, which records shall be made
available to the city manager, city council, and the public.
SECTION 6: Section 2.36.040(1) of the Tigard Municipal Code is amended to read as follows:
(1) To represent the community and to communicate the library needs of the community to
the City Council;
SECTION 7: The following sentence which appears at the end of Chapter 2.36 is deleted:
For statutory provisions enabling a city to establish, equip and maintain a free library,
see ORS 357.410.
SECTION 8: Section 7.100.10.A of the Tigard Municipal Code is amended to read as follows:
A. A person may be excluded from the Tigard Public Library for a period of up to ninety
(90) days if the person commits one of the following acts:
1. Theft of Tigard library materials or unlawful detention of Tigard library property;
2. Acts that constitute any degree of any of the following crimes or violations under
state law or this code, if committed within the Tigard Public Library or on Tigard
Public Library grounds:
a. Assault;
b. Stalking;
e. Criminal Mischief;
i d. Riot or disorderly conduct;
i e. Menacing;
f. Recklessly endangering another;
g. Harassment;
h. Unlawfully applying graffitti;
i. Possession of a firearm or dangerous weapon in a public building;
j. Criminal trespass.
ORDINANCE No. o1-13
Page 2
0
3. Refusing to leave the library when told to do so by library personnel or a police
officer, or returning to the library on the same calendar day after being told to leave.
SECTION 9: Section 7.100.30 of the Tigard Municipal Code is amended to read as follows:
Within thirty (30) days of the actions listed in Section 7.100.10.A as a basis for
exclusion or within thirty (30) days of the issuance of a second warning notice, the City
may issue a written exclusion notice excluding the person from the Tigard Public
Library. The notice shall specify that the person is to be excluded from the Tigard
Public Library, the period of exclusion, and the time the exclusion is to commence. The
notice shall provide information concerning the right to appeal the exclusion notice to
the Civil Infractions Officer. The City employee issuing the notice shall ask the person
to whom the exclusion notice is issued to sign an acknowledgment of the notice. If the
person to whom the notice is issued refuses to sign, the person issuing the notice shall
make a written record of the refusal. The exclusion notice may be issued at the time of
arrest, if an arrest is made.
At the time of the occurrence of any conduct listed in Section 7.100.103, the City may
issue a written wanting notice. The notice shall describe the reason why the warning is
issued and state that a second notice within ninety (90) days shall be grounds for
exclusion or loss of library privileges. The wanting notice shall contain information
concerning the right to seek vacation of the order by submitting a written appeal to the
Director of Library Services within five (5) days of the issuance of the warning notice.
If the Director of Library Services receives a written appeal of a warning notice, the
Director of Library Services may vacate the notice on a determination that the actions of
the person to whom the notice was issued did not justify a warning notice.
SECTION 10: Section 7.100.40.A of the Tigard Municipal Code is amended to read as follows:
An appeal of the exclusion must be filed, in writing, within five (5) calendar days of the
notices issuance with either the office of the Director of Library Services or the Chief of
Police. The notice of appeal shall include the following:
1. the appellant's name, address and telephone number;
2. a concise statement as to why the issuance of the exclusion notice was in error; and,
3. a copy of the notice of exclusion appeal form.
i
1
SECTION 11: Section 7.100.40.C of the Tigard Municipal Code is amended to read as follows:
1
i
C. At the hearing on appeal, the City shall have the burden to show by a preponderance of
the evidence that the exclusion is justified by this chapter.
s
SECTION : This ordinance shall be effective 30 days after its passage by the Council, signature by
the Mayor, and posting by the City Recorder.
ORDINANCE No. 01-B
Page 3
MMJ
PASSED: By Ur1MIWUS vote of all Council members present after being read by number and Q
title only, this day of tr , 2001.
Brine Wheatley, City Recorder
bG~
APPROVED: By Tigard City Council this_ day o 2001.
es E. r
Approved as to form--
Y Y'
Attorney
u s a~ av~1
Date
ORDINANCE No. 01-13
Page 4
TIGARD MUNICIPAL CODE
Chapter 2.36. PUBLIC LIBRARY'. mayor, subject to confirmation by the city council,
shall appoint a person to a four-year term. If a
2.36.010 Title. vacancy occurs for any reason other than
2.36.020 Established. expiration of a term, the mayor, subject to
2.36.030 Board-Established-Term- confirmation by the city council, shall appoint a
Appointment-Meetings new member to serve for the duration of the
2.36.040 Board-Responsibilities. unexpired tern.
2.36.050 Donated funds.
2.36.060 Fees. (3) No person may serve
more than two full consecutive terms on the
2.36.010 Title. library board, notwithstanding prior appointment
to an unexpired term. After a one-year interval, a
The ordinance codified in this chapter former member who had served two terms may
shall be known and may be cited as '"The City of be reappointed.
Tigard Library Ordinance." (Ord. 72-30 §1,1972).
(4) Members of the library
board shall receive no compensation.
2.36.020 Established.
(c) Meetings. The library board shall
A public library is established in and for meet at least six times a year and every meeting of
the city of Tigard, Oregon. (Ord. 72-30 §2,1972). the board shall be publicized in advance and shall
be open to the public.
2.36.030 Board-Established-Tern-
Appointment-Meetings (d) Officers. The library board shall,
-Officers. at its first meeting after July 1, 1977, and at least
annually thereafter elect. a chairman and a
(a) Established. There is established chairman pro tem. The chairman shall preside
library board of seven members, six of whom shall over the meetings of the board. The head
be residents of the city and one of whom may librarian, or his authorized designee, shall serve
reside within or outside the Tigard corporate as secretary to the library board and shall keep
limits. accurate records of all board meetings which
records shall be made available to the city
(b) Tern. administrator, city council and interested public
upon request. (Ord. 84-35 %1, 2, 1984: Ord. 77-57
(1) The terms of the members §1,1977.Ord. 72-30 §3,1972).
presently serving on the library board shall
terminate according to the following schedule: 2.36.040 Board-Responsibilities.
Mary Slemmons, June 30,1978; The library board shall have the following
Don Jacobs, June 30,1078; responsibilities:
New Member, June 30,1979;
New Member, June 30,1979; (1) To represent the library needs of
Yvonne Burgess, June 30,1980; the community and communicate those needs to
Jeri Cundiff, June 30,1980; the city council;
Betsy Chick, June 31, 1981.
(2) To recommend library policies as
(2) At the expiration of the deemed desirable in the operation and utilization
tern of any member of the library board, the of library facilities to the council;
2-36-1 Reformatted 1994
TIGARD MUNICIPAL CODE
(3) To encourage and support active
volunteerism in support of the use and
improvement of library facilities;
(4) To advise, as the council may
request, in furtherance of the goal to provide the
best library service to the public as possible within
the constraints of available resources, space and
manpower. (Ord. 91-20 §l, 1991: Ord. 77-57 §2,
1977: Ord. 72-30 §4,1972).
2.36.050 Donated funds.
All funds donated to the city for library
purposes shall be subject to the same rules,
regulations and expenditure control as applicable
to appropriated funds; provided, however, that
such donated funds shall be accounted for under
the caption of "public library donations," and such
funds shall be subject to expenditure only for the
purposes for which donated, except that funds
received from donors without specific limitations
as to use may be used for general library
purposes. (Ord. 72-30 §5,1972).
236.060 Fees.
(a) Users and patrons who reside in
or have their business in the city limits of Tigard
shall not be required to pay a library privilege fee,
but shall be liable to pay such fines or late charges
as may be prescribed by resolution of the council.
(b) All fees and charges received
shall be accounted for as general fund receipts
under the heading of "public library." (Ord. 84-35
§3,1984: Ord. 76-55 §1,1976: Ord. 72-30 §6,1972).
* For statutory provisions enabling a city to
establish, equip and maintain a free library, see
ORS 357.410.0
2-36-2 Reformatted 1994
TIGARD MUNICIPAL CODE
Chapter 7.100. EXCLUSION FROM TIGARD 8. Possession of a firearm or
PUBLIC LIBRARY dangerous weapon in a public building as
prohibited by ORS 166.370 (1995);
7.100.10 Exclusion from Tigard Public
Library 9. Menacing as defined in Tigard City
7.100.20 Persons Authorized to Issue Code Section 7.20.020,
Exclusion or Warning Notices.
7.100.30 Issuance of Exclusion Notices or 10. Recklessly endangering another
Warning Notices. person as defined in Tigard City Code 7.20.030;
7.100.40 Right of Appeal.
7.100.50 Variances. 11. Harassment as defined in Tigard
City Code 7.20.040;
7100.10 Exclusion from Tigard Public
Library 12. Criminal Trespass as defined in
ORS 164.243 to 164.265 (1995)
A. A person is subject to exclusion from the
Tigard Public Library for a period of up to ninety B. In addition to the above, a person is
(90) days in the event they have been arrested subject to exclusion or may otherwise have their
and/or convicted for any of the following library privileges restricted or suspended for a
conduct: period of up to ninety (90) days in the event they,
(or a person under their control or direction) has
1. Assault as defined in ORS Chapter been issued at least two (2) Tigard Library
163 (1995) in and/or around the Tigard Public warning notices within any ninety (90) day period
Library; for any of the following conduct:
2. Stalking as defined is ORS Chapter 1. Sleeping using bedding, sleeping
163 (1995); bag or other sleeping matter in the Tigard Public
Library unless such use has been approved in
3. Theft as defined in ORS Chapter advance by the Director of Library Services;
164 (1995) of Tigard library materials;
2. Use of Tigard Public Library
4. Criminal mischief as defined in facilities and/or equipment for activities
ORS Chapter 164 (1995); unrelated to the purposes of the Library as those
purposes may be determined by the Tigard
5. Any of the graffiti-related offenses Library Board.
as defined in ORS Chapter 164 (1995) involving
publicly owned structures within the city limits of 3.. Loud or excessive noise or use of
Tigard; amplified recording or sound production
equipment including but not limited to radios,
6. Wilful detention of library property tape recorders, compact disc (CD) players such
as defined in ORS 357.975 (1995); that the sound produced thereby is audible five
(5) feet from the device unless such use has been
7. Riot, disorderly conduct, or approved in advance by the Director of Library
j harassment as defined in ORS 166.015, 166.025, Services.
f 166.065 (1995);
C. As used in subsection (A) above, the
term "library privileges" means the ability to
obtain the free use of any printed material,
7-100-1 Rev. 4/23/96
711GARD MUNICIPAL CODE
pictures, sound recordings or symbols as may be
kept in whatever form or manner, be it owned or At the time of the occurrence of any conduct
controlled by the Tigard Public Library or other identified in TCC Section 7.100.10A (or within
public or private libraries with which Tigard may thirty (30) calendar days thereafter) the Director of
through agreement or otherwise have access. Library Services (or such other Library personnel
(Ord. 96-15) as the Director of Library Services from time to
time may authorize) may issue a written Tigard
7.100.20 Persons Authorized to Issue Library Warning Notice. The notice shall specify
Exclusion or Warning Notices. that in the event a second notice is issued to the
individual within the time specified in TCC
The Chief of Police and the Director of Section 7.100.108, that person shall be subject to
Library Services are hereby designated as the exclusion from the Tigard Public Library and/or
persons-in-charge of the Tigard City Library for lose such other privileges as the Director' of
purposes of issuing exclusion notices in Library Services may in their discretion determine
accordance with this Chapter. Either the Chief or to be appropriate for a period of up to ninety (90)
the Director of Library Services may authorize days. The Warning Notice shall also contain
other Police or Public Library personnel to issue information concerning the right of the individual
exclusion notices consistent with this Chapter and, to seek its vacation by appealing to the Director of
in addition to the ability to authorize personnel Library Services within five (5) days of its
issuance of exclusion notices under this Chapter, issuance. (Ord. 96-15)
the Director of Library Services may also
authorize personnel under his or her direction and 7.100.40 Right of Appeal.
control to issue Tigard Public Library Warning
Notices. (Ord. 96-15) The individual to whom an exclusion notice
is issued shall have the right to an appeal from the
7.100.30 Issuance of Exclusion Notices or issuance of the notice.
Warning Notices.
A. An appeal of the exclusion must be
At the time of the arrest of an individual for filed, in writing, within five (5) calendar days of
any of the conduct(s) identified in T CC Section the notice's issuance with either the office of the
7.100.10 A, (or within thirty (30) calendar days Director of Library Services or the Chief of Police.
thereafter) the arresting officer, the Chief of Police The notice of appeal shall state the following:
or the Director of Library Services (or such other
person(s) as either the Director of Library 1. the appellants name;
Services or Chief may have authorized) may issue
a written exclusion notice excluding the person 2. their address and a telephone
y+ from the Tigard Public Library. The notice shall number where they can be reached;
x specify that the person is to be excluded from the
Tigard Public Library, the period of the exclusion, 3. a concise statement as to why the
the time the exclusion is to commence as well as issuance of the exclusion notice was in error; and,
contain information concerning the right to appeal
the exclusion notice to the Civil infractions officer 4. attach a copy of the notice of
as provided for under Chapter 1.17 of this Code. exclusion appealed from.
The person to whom the exclusion notice is is;:ued
shall sign a written acknowledgment of the receipt A hearing on the appeal shall be had as
of the exclusion notice; if the person refuses to so provided for in Chapter 1.17 of this Code and take
sign, the arresting officer shall make a written place no more than ten (10) calendar days after
record of the refusal.
7-100-2 Rev. 4/23/96
mill
TIGARD MUNICIPAL CODE
the filing of the appeal, except in the event the
Civil Infractions Officer determines otherwise.
8. The exclusion shall not take effect
during the pendency of the appeal. In the event
no appeal is properly and timely filed, then the
exclusion shall take effect on the sixth calendar
day following the issuance of the notice.
C. The City shall have the burden to show
by a preponderance of evidence that the exclusion
is based on conduct enumerated in TCC Section
7.100.10A or is based on the issuance of two
Tigard Public Library Warning Notices for the
conduct Identified in TCC Section 7.100.108. A
determination by a court of competent jurisdiction
that the arresting officer had probable cause to
effect the arrest of the individual for the conduct
used as the basis of the exclusion shall be prima
facie evidence that the exclusion is well founded.
D. Copies of any and all documents in its
control which are intended to be used by the City
at the hearing shall be made available to the
appellant at least two (2) days in advance of the
hearing. (Ord. 96-15)
7.100.50 Variances.
Variances from the exclusion may be granted
at any' time during the exclusion by either the
Chief of Police or the Director of Library Services.
(Ord. 96-15)®
7-100-3 Rev. 4/23/96
Study
AGENDA ITEM # Session
FOR AGENDA OF 8128/01
CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUMMARY
ISSUE/AGENDA TITLE Strategic Planning Discussion _
PREPARED BY: Bill Monahan DEPT HEAD OK CITY MGR OK a~
ISSUE BEFORE THE CQ MC_1L.
In a study session format, staff is returning to Council to discuss the potential prioritization of the major funding
issues that face the community over the next several years. The questions before Council include, 1) is Council in
agreement with the priorities noted, 2) are other issues either present or anticipated that should be added to the list
or replace other issues presently noted, and 3) are the preliminary dollar figures assigned about right, too high, or
too low?
STAFF RECOMMENDATION
Staff recommends that the City Council engage in a discussion with staff about the strategic plan issues, determine
if the priority list developed is acceptable for now or suggest changes, and select a future meeting date when the list
should be revisited.
INFORMATION Si h4MARY
Over the past several months, the city Executive Staff and City Council have identified and discussed several
financing issues that will require action by the community over the next several years. The issues are primarily
impacted by the availability of general fund revenues to provide improved public facilities and programs. In recent
years, the City has been unsuccessful in attempts to obtain voter approval of money measures. A plan to address
the community financial needs in a systematic manner would appear to increase the likelihood of success while
addressing the most significant needs first.
On May 15, 2001, in a workshop setting, Council gave input to the preliminary list of issues identified by staff.
Council asked the Executive Staff to continue working on the question and attempt to further refine the timelines,
priorities, and financial need estimates. The staff has completed that effort and prepared a list showing issues that
likely should be addressed in 2002 and 2004 while noting that several other issues loom "on the horizon" which
must be taken into account.
Council should discuss the work product to date and provide additional input.
OTHER ALTERNATIVES CONSIDERED
Address each individual municipal financial issue independently as it comes before City Council.
VISION TASK FORCE GOAL AhM ACTION COMETTEE STRATE
Several of the issues being reviewed are mentioned in the Tigard Beyond Tomorrow document. Specifically, the
need to evaluate the need to construct a new library is mentioned, as well as the need to identify and develop
funding resources to address growing transportation and traffic needs are mentioned in the visioning document.
A=ACBJ ENT LIST
1. Strategic Plan Memo - August 21, 2001
2. May 15, 2001 Council Agenda Item Summary - Strategic Planning of Funding for Library, Transportation,
Recreation and Public Facility Needs/General Fund.
3. Minutes of the May 15, 2001 Council discussion of the agenda topic
4. Power Point presentation given at the May 15 City Council workshop
5. Strategic Planning List developed by the Executive Staff since May 15, 2001.
FISCAL NOTES
Each component of the strategic plan has a financial consequence. The Strategic Planning List shows
preliminary estimates of cost.
I:NOMIC" COUNGLMCOUNCIL AGENDA REM SUMMARIES\STRATEGIC PLANNING DISCUSSION.DOC
Attachment 1
MEMORANDUM
CITY OF TIGARD, OREGON
TO: Honorable Mayor nd City Council Members
FROM: Bill Monaha(; ]
DATE: August 21, 2001
SUBJECT: Strategic Plan
On May 15, 2001, in a workshop setting, City Council discussed the major funding issues
which are pending for the next five years. Following a financial forecast presentation by
Finance Director Craig Prosser, I reviewed election requirements for future bond issues,
the potential election dates for future actions, and some of the "knowns" that are in place.
Council identified a series of issues which face the community. The consensus of council
was that the library was the highest priority requiring attention. An election for a
construction bond likely will be placed before voters in 2002. Council also suggested that
transportation improvement needs were high on the list.
Council directed the City Manager and executive staff to review the list of issues which
were identified and return with additional timelines and funding information, if known. The
executive staff met on a couple occasions after the May workshop. A list of issues,
prioritized as to a time frame of 2002 or 2004, was developed.
The attached Strategic Planning List was developed by the executive staff. At this point,
council's review of the issue list and acknowledgement that the issues represent the focus
of City Council and staff energies is sufficient. The list then will be consulted periodically to
determine if adjustments to the schedule and priorities are appropriate.
aft
%0WW U%STRATEQA= MEMO=1-05 PL4N.WC
Attachment 2
AGENDA ITEM # 5
FOR AGENDA OF _5-15-01
CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUMMARY
ISSUE/AGENDA TITLE: Strateiic Planning ofFunding _for Library, Transportation, Recreation & Public
Facility Needs/ General Fund.
PREPARED BY: William A. Monahan DEPT HEAD OK CITY MGR OK
ISSUE BEFORE THE COUNCIL
Council should have a discussion of the major funding issues which are pending requiring Council review and
decisions over the next few years. Since the resources that are available to the community are limited, some
prioritization of needs should occur as well as scheduling potential bond measures.
STAFF RECOMMENDATION
Staff recommends that the City Council discuss the major funding issues facing the community and determine a
tentative schedule for addressing these needs.
INFORMATION SUMMARY
The City has several financial issues facing it in the next several years related to the availability of general fund
revenue and the need for providing improved public facilities and programs. In recent years, the City has failed to
obtain voter approval of both a public facility bond in 1998 and a transportation funding package in 2000. In
addition, voters rejected the Atfalati Recreation District proposal in 2000. Presently, the City Council, staff, and
citizen committees are evaluating the need and funding options for a new library facility as well as transportation
improvements. Meanwhile, the Atfalati Recreation District or some other entity may consider seeking funding at
some time for recreation programs and facilities.
With several funding issues facing the City, it is important that the City Council be briefed on the City's financial
situation, possible funding sources, and the potential funding needs for a new library and road improvements. Each
of the issues impacts the other. In addition, because the City has not been successful in passing voter approved
bonds to finance major improvements, there is a need for a coordinated effort and planned out scheduling of any
financial package that goes to the voters.
On May 15 staff will lead a discussion with Council on the information presently known on the funding needs for a
new library, trends and costs related to transportation improvements under the City's jurisdiction, and other general
fund related issues. Craig Prosser will brief the Council on the Financial Plan and the options available to the City
to reverse the direction of the general fund. A local option levy, as allowed by Oregon law, should be explored as
an option to provide additional general fund dollars for City operations in future years.
Based upon the discussion on May 15, the Council and staff should continue to prepare a prioritization and
sequence of activities which can then be used to guide the plans and actions of Council, advisory groups, and staff.
For instance, if the Council chooses to place a library facility bond on the ballot in 2002, ahead of other funding
requests, what would the logical next package entail and when would it be considered by the voters? Based upon
the direction given by Council, staff can return with alternatives and information on the impact that the alternatives
have on the City's financial position.
Citizen members of the Budget Committee will be invited to attend the workshop session and participate. While no
final decisions on the specifics of a strategic plan for funding are necessary at this time, if direction is given, better
long-range planning can result.
OTHER ALTERNATIVES CONSIDERED
Address each municipal funding issue independently as it comes before Council.
VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY
ATTACHMENT LIST
FISCAL NOTES
Once a final decision is made on a strategic plan, each individual element of the plan will have fiscal consequences.
LtADu CRY GOUNGLILOUMGL AGENDA REIN SUMMARIMSTRATEGIC PLANNING OF FUNDING.DOC
Attachment 3
F • Cable television showcase programs for this year are planned for the Library and
the 401 Birthday Celebration.
• Suggestion: Include the Budget Committee minutes on the website.
• A copy of the first "Goal Guide" was distributed to the City Council.
4. DURHAM QUARRY UPDATE
Community Development Director Hendryx introduced this agenda item and also
distributed information to the City Council. He introduced Larry Eisenberg from
Washington County who updated the City Council on the status of the Durham
Quarry.
This has been a collaborative process among the jurisdictions of Washington County
and the cities of Tigard, Tualatin and Durham.
Mr. Eisenberg recapped the history of this property and the plans envisioned for its
future to create a mixed-use, destination development. He also discussed the current
high volumes and traffic situation, and described how these issues could be addressed.
Council received information about proposals from "world class developers" from
Teresa Wilson, Property Manager for Washington County. A staff recommendation
for a developer will be submitted to the Washington County Board of Directors on
May 22.
> Russ Rutledge, Tigard High School Envoy, gave his update to the City Council. A
copy of his Student Envoy Report is on file with the City Recorder. Mr. Rutledge
introduced Mr. Nathan Leamy who will be the City Council Envoy for the next
school year. It was noted that Mr. Rutledge received the "Community Leader of the
Year Award."
5. STRATEGIC PLANNING OF FUNDING FOR THE LIBRARY,
TRANSPORTATION, RECREATION AND PUBLIC FACILITY NEEDS/GENERAL
FUND
City Manager Monahan introduced this agenda item. A copy of the PowerPoint
presentation illustrating the highlights of the information offered to the City Council is
on file with the City Recorder.
Finance Director Prosser reviewed the financial forecast. City Manager Monahan
reviewed the election requirements, potential dates, and "realities."
Discussion followed, with key issues idendfled (brainstormed) as followed:
I. Library
2. Transportation
COUNCIL MEETING MINUTES - May 15, 2001 page 3
Elements: major collectors; alternatives to Pacific Highway 99
Operations and maintenance of roads
3. Local Operating Levies
4. Washington Square Implementation
Transportation
Open space
Drainage
5. Recreation
Programs
Facilities
6. Water Supply Revenue Bond
7. Downtown Redevelopment
8. City Facilities
Renovate library building for offices
Renovate City Hall offices
(possibly from funds set aside now for the Library)
Determine whether feasible or desirable to purchase the water building
Relocate public works
Determine whether to sell the current Public Works yard
Extend life of police building by utilizing the "Niche" building
9. Parks and Trails
Acquisition
Development
10. Sewer Extension Program
11. Commuter Rail
12. Bus System and Shelters
13. Sidewalks
14. Annexation - Operating and Equipment Costs
15. Urban Growth Boundary Expansion
16. Social Services
17. Affordable Housing
18. Population Diversity
19. Funding Mechanism for Development - Infrastructure
- Downtown
- Triangle
- Washington Square
City staff will review the above list and come back to the City Council at its ]une 19
workshop meeting with timelines (trigger points) and funding information.
Councilor Patton noted the urgency to move forward on the library in light of the
tight timelines.
COUNCIL MEETING MINUTES - May 15, 2001 page 4
Council consensus was that the library would be addressed first. Components of
transportation could also be addressed as a high priority. The Transportation
Financing Strategies Task Force Is not ready to make a proposal, according to City
Engineer Duenas.
Meeting recessed at 9:17 p.m.
Meeting reconvened at 9:21 p.m.
6. REVIEW OF PROPOSED REVISIONS TO TIGARD MUNICIPAL CODE CHAPTER
13.09, REIMBURSEMENT DISTRICTS
City Engineer Duenas reviewed this agenda item. A copy of the staff report and the
PowerPoint presentation is on file with the City Recorder.
After brief discussion, Council agreed to the staff recommendations updating the
TMC, as outlined by staff.
• Retain the flexibility of the existing ordinance.
• Allow administrative overhead costs to be included in the reimbursement fee.
• Allow the cost of purchasing an easement within the reimbursement district to be
included in the reimbursement fee.
Staff will propose an incentive program on June 12, 2001.
7. DISCUSSION OF CITY ATTORNEY RATE INCREASE
City Manager Monahan noted this agenda item was a continuation of the discussion
from the May 8, 2001, City Council meeting. A copy of the staff report outlining
the rate increase proposed by City Attorney staff is on file with the City Recorder.
Staff recommended that the City Council approve the rate increase effective July 1,
2001. Council consensus was for staff to proceed by placing this item on the Council
business agenda.
(Note: Item No. 10, Non Agenda Items, was discussed at this time.)
8. CITY MANAGER REVIEW
Mayor Griffith distributed a summary of tabulated results of a performance review
form that was completed by the City Council for City Manager Monahan. He advised
that, primarily, all areas of performance were commented on favorably. Areas of
concern were in "organization and planning" insofar as comments were made that
Council members would like to see the City Manager place greater emphasis on long-
range planning, with more day-to-day items delegated to the department heads.
COUNCIL MEETING MINUTES - May 15, 2001 page 5
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Attachmnt 5
2002 - 2004 Strategic Planning List
CITY OF TIGARD
OREGON
2002
o May -November, Library, $17 million, City
o Water Revenue Bond, City or IWB participants (Referred by voters)
o Transportation User Fee - Creating fee/ maintenance, City
o November Youth Activities/ Operating Funds (Facility and/or Program),
City, Recreation District, or other
Horizon:
o Discussion of Funding for Washington Square Infrastructure
• Options: Tax Increment Financing
Private Financing through Impact Fee
o General Fund Condition
• Evaluate fees on a regular basis
• Consider a local option levy to supplement general fund revenues to
continue providing service at established levels (see 2004)
o Additional Water Supply - (Studies, agreements, infrastructure
connections, major capital)
o Plan for and make decisions on reuse of library, remodeling of office space
in library and City Hall
o Annexation of Bull Mountain Study
o Parks - Acquisition, development, maintenance
o Property Sale - Sell Ash Avenue parcels to help offset library costs
2004
o Transportation Bond $12 million
o General Fund concern - Operating Levy? Include consideration of library
staffing and programs for the new library.
o Youth Activity - Capital Funding Request?
o Water $4 million for improvements (Estimated by Ed Wegner)
o Renovate City Facilities:
• Using up to $3 million set aside in the capital facilities account over
four budget years.
o Buy Water Building (Remaining portions from our partners)
o Moving Expenses
o Washington Square Funding
Horizon:
o Recreation Programs/ Facilities
WDtfOMSTRATEGRSTRATKi1C PLAN UST.DOC
AGENDA ITEM NO.2 - VISITOR'S AGENDA DATE : August 28, 2001
(Limited to 2 minutes or less, please)
Please sign on the appropriate sheet for listed agenda items. The Council wishes to hear from you on other issues
not on the agenda, but asks that you first try to resolve your concerns through staff. Please contact the City Manager
prior to the start of the meeting. Thank you.
NAME, ADDRESS & PHONE TOPIC STAFF CONTACTED
VISITOR'S AGENDA Page 1
Agenda Item No. 3 , CL_
Meeting of v ! as ! D 1
0
t
11rr
Disability Employment Awareness Month
WHEREAS, 20% of the population of the United States of America is comprised of
people with disabilities, and
WHEREAS, current studies place unemployment among the country's people with
disabilities at more than 70%, and
WHEREAS, more than two-thirds of adults with disabilities In this country desire to work
but cannot find employment, and
WHEREAS, the Americans with Disabilities Act provided civil rights protection for
America's 49,000,000 persons with disabilities, and
WHEREAS, America's shrinking labor force requires employers to utilize untapped
human resources, such as persons with disabilities,
NOW THEREFORE BE IT RESOLVED THAT 1, James E. Griffith, Mayor of Tigard,
on behalf of the entire Qty Council, do hereby proclaim:
The month of October, 2001, Is designated as Disability
Employment Awareness Month In the City of Tigard
s And I, Mayor James E. Griffith, call upon the residents of the City of Tigard to observe i
the month by teaming about people with disabilities, their strengths, abilities, and
ter, programs which serve their needs.
r
Dated this day of 02001
IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City
$ Fr, of Tigard to be affixed.
s - James E. Griffith, Mayor'
Qty of Tigard
S 1 ✓ .
Attest:
t
Qty Recorder v .
. I
I
r4 f ~ ~ 'd Y.t
i
Agenda Item No. b
Meeting of g lag(pl
National Alcohol and Drug Addiction Recovery Month
D 1
WHEREAS, in the past ZO years medical science has made great strides in learning about '
substance use and the nature of addiction; and
WHEREAS, addiction is a chronic, relapsing illness that involves a number of brain chemistry
disorders. Treatment for addiction Is as effective as treatments for other chronic medial
conditions, such as diabetes and high blood pressure; and f,
i
c_. WHEREAS, substance use and addiction result in huge societal and economic costs. It was
3 recently estimated that the cost of untreated addiction in the United States is $276 billion a
year. Clearly, the toll substance abuse takes on the family and friends of the individual battling
with addiction Is Immeasurable. But recover is possible. Every day in every part of the United
States, men, women, and youth are entering treatment and beginning the road to recovery
and families seek trope and recovery in support programs and counseling; and t
WHEREAS, National Alcohol and Drug Addiction Recovery Month celebrates the tremendous
strides taken by individuals who have undergone successful treatment families In recover, and L
recognizes those in the treatment field who have dedicated their lives to addiction treatment
i and recovery and chase they directly or indirectly impact It embraces the theme [We Recover
Together. Family, Friends, and Community/; and t
WHEREAS, The U.S. Department of Health and Human Services, Substance Abuse and
Mental Health Services Administration's Center for Substance Abuse Treatment Invite all
residents of the City of Tigard to participate in National Alcohol and Dmg Addlcdon Recovery
Month,
~ I
NOW THEREFORE BE IT RESOLVED THAT 1, Mayor James Griffith of the City of
Tigard, Oregon, do hereby proclaim the month of September, 2001 as
National Alcohol and Drug Addiction Recovery Month
in Tigard, Oregon and encourage all residents to promote the benefits of drug and alcohol
{ addiction treatment and recovery and to support community treatment programs.
Dated this day of , 2001. M -
IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of
Tigard to be affixed.
James Griffith, Mayor
City of Tigard s
Attest:
City Recorder
i w";
NUNN= 111111 Iwo is
Agenda Itenn No. C_
Meeting of I l O t
US,
o ~
/
:T PROCLAMATION
j
Undoing Rachm Day d
WHEREAS, by Act of Congress of the United States dated July 2, 1964, the Civil
Rights Act of 1964 was adopted banning discrimination because of a person's color,
* race, national origin, religion, or sex; and
WHEREAS, by Act of Congress of the United States dated December 6, 1865, the 131
` Amendment of the Constitution of the United States was adopted abolishing slavery; and
WHEREAS, by Act of Congress of the United States dated July 9, 1868, the 14'"
Amendment of the Constitution of the United States giving all persons born or
naturalized in the United States the right to due process and equal protection under the
s law; and
i5. • ` WHEREAS, by resolution of the National League of Cities, we declare racism unjust and
advocate equal rights for all;
NOW THEREFORE BE IT RESOLVED THAT I, James E. Griffith, Mayor of Tigard, s'
on behalf of the entire City Council, do hereby proclaim:
~ I
September 20, 2001 as
Undoing Racism Day
i ~ S S
In the City of Tigard, Oregon
s ~
and urge all citizens to join together today for the second annual 'Undoing Racism Day"
to reaffirm our commitment to ensure equality and freedom for all the people regardless
of race, religion, sexual preference, or gender.
i
i s - -l
Dated this day of 2001.
i IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City
of Tigard to be affixed.
James E. Griffith, Mayor '
City of Tigard r
I Attest: l I
y'KS ,f i~ t
City Recorder
N
1
f :i
AGENDA ITEM # a .
FOR AGENDA OF August 28,2601
CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUMMARY
ISSUE/AGENDA TITLE: Award of Contract for the Construction of FY 2001-2002 Pavement Major
Maintenance Pro am MMP
PREPARED BY: Vannie N~ e.~-
g_u ~i DEPT HEAD OK: A.P. Duenas CITY MGR OIL: Bill onahan
ISSUE BEFORE THE COUNCIL
Shall the Local Contract Review Board approve the contract award for the construction of FY 2001-2002
Pavement Major Maintenance Program (PMMP)?
STAFF RECOMMENDATION
Staff recommends that the Local Contract Review Board, by motion, approve the contract award to Eagle-
Elsner in the amount of $119,952.40.
INFORMATION SUMMARY
The City of Tigard's Pavement Overlay Backlog list identifies streets that need corrective overlays/inlays and
slung seals. The backlog has been reduced gradually. However, due to limited funding, only a few streets from
the list can be addressed this fiscal year. The proposed project for FY 2001-02 includes Kable Street (between
Naeve Street and 103`d Avenue), 121" Avenue and North Dakota Street (between Scholls Ferry Road and
Springwood Drive). These streets will receive a combination of pavement inlay and slurry seal treatment. Ash
Avenue (between Scoffins and Commercial Street) and Meadow Street (east of Tiedeman Avenue) will receive
inlay treatment. Also included in the proposed project is slurry seal treatment for the following streets in
Washington County: 157' Avenue and 158' Terrace (north of Roshak Road) and Baker Lane (east of 158`
Terrace).
This project was first advertised for bids on June 26, 2001. However, the PMMP work was combined with the
installation of embedded crosswalk lights at the intersection of 12155 Avenue and Springwood Drive. There were
only 2 bids submitted at the bid opening on July 10, 2001. These bids were extremely high because the prime
contractors had to sub-contract the lighting work to electrical contractors and mark up the price. In the Council
meeting of July 24, 2001, the local Contract Review Board rejected all bid proposals.
Staff has separated the PMMP and the Embedded Crosswalk Lighting project into 2 projects for lower bids and
better competition. The PMMP project was advertised for bids on July 30, 2001. The Embedded Crosswalk
Lights will be advertised for bids in about two to three weeks.
The bid opening for the PMMP project was conducted on August 13, 2001. The bid results are:
Eagle Elsner Tigard, OR $119,952.40
Morse Brothers Sherwood, OR $128,312.60
K.F. Jacobsen Portland, OR $138,860.54
Engineer's Estimate $129,000
OTHER ALTERNATIVES CONSIDERED
None
VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY
None
ATTACHMENT LIST
Project location map
FISCAL NOTES
The amount in the bid for City streets is approximately $112,000. The County's portion of the work is
approximately $8,000.
The amount of $130,000 has been budgeted in FY 2001-2002 from the State Gas Tax revenue for the PMMP
project. This amount is sufficient to pay for the work on the City streets of $112,000. $8,000 will be paid by the
County in accordance with the Urban Services Area (IGA).
1Adtywidelsum\Agenda Summary for 2001-02 PMMP-2'd bid.doc
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AGENDA ITEM # LI b-
FOR AGENDA OF August 28. 2001
CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUMMARY
ISSUE/AGENDA TITLE Award of Contract for the Construction of Fanno reek Trail - Segment 3 (from
Tiedeman Avenue to Woodard Park) r~
PREPARED BY: Vannie Ngu e DEPT DEAD OK: A.P. Duenas CITY MGR OK:_ Bill Mo; an
ISSUE BEFORE THE COUNCIL
Shall the Local Contract Review Board approve the contract award for the construction of Fanno Creek Trail -
Segment 3 (from Tiedeman Avenue to Woodard Park)?
STAFF RECOMMENDATION
Staff recommends that the Local Contract Review Board, by motion, approve the contract award to Tri-
Mountain Excavating in the amount of $68,460.00.
INFORMATION SUMMARY
The Fanno Creek Trail - Segment 3 project (from Tiedeman Avenue to Woodard Park) has been included,
along with other 7 trail projects, in the Parks System Program of the City's Capital Improvement Program since
FY 1998-99. Since July 1998, 4 trail segments have been constructed. This project is a companion to adjoining
upstream 2,225-foot trail segments (Segment 1 and 2) that were completed and opened to the public. Segment 1
connects North Dakota Street with an existing pathway at Tigard Street. Segment 2 runs between Tigard Street
and Tiedeman Avenue.
Trail Segment 3 runs in 2 directions: an easterly direction that connects Tiedeman Avenue with Katherine Street
and a southerly direction that begins from Katherine Street, meanders through Woodard Park, and ends at the
existing bridge by Johnson Street. This project includes construction of approximately 1,925 feet of a 10-foot
wide asphaltic concrete pathway and two 2.5-foot gravel shoulders. No easements are required for the project
and no wetlands are impacted by this project. The new paved pathway that runs in a southerly direction through
y the park replaces an existing narrow pathway. The pavement in the existing pathway is highly deteriorated and
requires reconstruction. The pathway alignment is designed to meander through the park to minimize removal
y of existing trees and relocation of existing facilities.
i
The bid opening was conducted on August 6, 2001 and the bid results are:
Tri-Mountain Excavating Ridgefield, WA $68,460.00
KJS Gervais, OR $68,884.50
Andersen Pacific Ridgefield, WA $70,777.00
CR Woods Trucking Sherwood, OR $74,835.00
JP Contractors Portland, OR $76,590.00
Daneal Construction Wilsonville, OR $76,825.00
Eagle Elsner Tigard, OR $77,865.00
BCI Contracting Portland, OR $79,897.00
Sunquest Construction West Linn, OR $80,063.25
New Quest Construction Tigard, OR $80,800.00
Brant Construction Vancouver, WA $84,630.00
GVS Contracting Newberg, OR $95,958.50
Engineer's Estimate $79,500
OTHER ALTERNATIVES CONSIDERED
N/A
VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY
N/A
ATTACHMENT LIST
Project location map
FISCAL NOTES
This project is funded in the amount of $50,000 through a grant by the Parks and Recreation Division of the
State of Oregon. It is also funded in the amount of $38,000 from the Metro Greenspaces fund of the Parks
System Program of the FY 2001-02 CIP. The total amount of $88,000 is sufficient to award the contract of
$68,460.00 to Tri-Mountain Excavating.
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AGENDA ITEM # `1.0 C_.
FOR AGENDA OF 08/28/01 _
CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUMMARY
ISSUE/AGENDA TITLE Purchase of four, (4) police vehicles
PREPARED BY: Ronald D. Goodpaster DEPT HEAD OK CITY MGR OK
ISSUE BEFORE THE COUNCIL
The purchase of four (4) police vehicles.
STAFF RECOMMENDATION
Staff recommends approval of the purchase of four (4) 2002 Ford Victorias.
INFORMATION SUMMARY
All four of these vehicles were included in the 2001/2002 budget and funds are available.
OTHER ALTERNATIVES CONSIDERED
Not purchase vehicles.
VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY
This purchase is consistent with our Public Safety category.
FISCAL NOTES
n The vehicles are $19,707 each. With the required police equipment, the total cost is $78,828, and funds were
at budgeted for this purchase.
iAcitywid6sumdot
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■ URCHASE REQUISITION
CITY OF TIGARD
13125 SW Hall Blvd. Date: 8/8/01
Tigard, Oregon 97223 From: Capt. R. Wheeler
(503) 639-4171 Fax (503) 639-1471 Dept: Police
TO: Gresham Ford
Attn: Earl Day
Phone: 503-665-0101
Fax: 503-665-0497
Federal ID No.: (For services only)
DELIVER TO:
❑ 13125 SW HALL BLVD F] 8720 SW BURNHAM STREET
❑ 12800 SW ASH STREET X 8777 SW BURNHAM STREET
Vendor Item Dept/AcoDunt Unit Extended
QtY No. Description No. Price Price
4 2002 Ford Sedan Full Size Crown Vic, V-8 style 100-1120-703000 19,707.00 78,828.00
P71 4 Dr Police Interceptor, Color: Exterior #UA
Black, Interior #2 Light Graphite. Ford fleet.
Purchase off of State of Oregon #7501
Contract.
4 Keyed Alike (keycode 1284)(), #432 40.00 160.00
4 Aux Fuse Panel six circuit, #417 41.00 164.00
4 Power Door Locks, #157 18.00 72.00
4 Windows Controlled by Driver and Front Pass. 18.00 72.00
#948
4 Roof Reinforcement, #185 61.00 244.00
4 Silicone Hoses for Wate System, #17D 267.00 1,068.00
4 Blisten Shocks (4) per vehicle, Special Option 438.00 1,752.00
4 Radio Suppression Pkg, #53M 62.00 248.00
4 6-Way PWR Driver Seat, #21A 321.00 1,284.00
Comments:
H.
Vendor Item Dept/Account Unit Extended
Qty No. Description No. Price Price
I Mum Rim
4 Anti-Lock Braking System, #552 534.00 2,136.00
4 Ignition Powered Door/ IP Decklid Release, 54.00 216.00
#61H
4 Courtesy Lamp Disable, #478 13.00 52.00
4 HD Rubber Floor Covering, #127 23.00 92.00
4 Limited Slip Differential, #45C 85.00 340.00
4 Drivers-side Spot Lamp Prep Pkg, #51 B 80.00 320.00
4 Driver-side 6" Spot Lamp - 160,000 CP bulb, 151.00 604.00
#51A
Manual - Shop Maintenance/Repair Instruction 211.70 211.70
1 Manual - Emissions 168.86 168.86
Manual - Electrical Schematic 31.68 31.68
1 Manual - Technical Service Bulletins/Updates 92.40 92.40
No Charge Items:
4 - 4.6L SEFI V8 Engine, 4 - #44U 4-Speed
Elec. - Controlled Auto Transmission w/OD,
4 sets #t23-P225/60VR16 All-Season SBR
BSW Tires, 4 - #H Cloth Front Buckets/Cloth
Rear Bench Seats, 4 sets #64C Hub Caps,
4 - #513 Removable Headliner/Dual Beam Map
Lamps, 4 - #96C Front Door Body-Side
Moldings, 4 - #153 Front License Plate Bracket
Shipping & Handling $25.00 each
Comments: 22,417.64 88,156.64
St&'N s 100.00
TOTAL..
88,256.64
APPROPRIATION BALANCE: AS OF: PURCHASING AGENT:
APPROVALS:
(IF UNDER $50) DEPARTMENT DESIGNEE:
(IF UNDER $2500) DEPARTMENT DESIGNEE:
(IF UNDER $7500) DEPARTMENT HEAD/DESIGNEE: -
(IF UNDER $25000) CITY MANAGER:
(IF OVER $25000) LOCAL CONTRACT REVIEW BOARD: WLI_ Z-oc-ap na
CAPITAL EXPENDITURES NOT BUDGETED: (IF UNDER $2500) DIRECTOR OF FINANCE:
(IF OVER $2500) CITY MANAGER:
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AGENDA ITEM # 4 A 3
FOR AGENDA OF 8/28/01
CITY OF TIG.AR.D, OREGON
COUNCIL AGENDA ITEM SUMMARY
ISSUE/AGENDA TITLE A Resolution Supporting Participation in The IC'MA International Resource Cities
Program
PREPARED BY: William A. Monahan DEPT HEAD OK - _ CITY MGR OK
ISSUE BEFORE THE COUNCIL
Should the City Council choose to support the City of Tigard participating in the International City/Council
Management Association (ICMA) International Resource Cities Program?
STAFF RECOMMENDATION
Staff has investigated the elements of the ICMA program, has met with the director of the program, and has
determined that the benefits available to the city make this a very worthwhile endeavor for the city, the benefitting
community, and the participating staff members. Staff recommends that the City Council endorse the city's
participation in the program by passing the attached resolution formalizing our participation in the ICMA/USAID
International Resource Cities Program.
INFORMATION SUMMARY
The International Resource Cities Program is a very successful program administered by ICIVIA in cooperation with
USAID. The program matches cities and counties from the United States with communities that ICMA and USAID
have determined are in need of assistance in dealing with issues with the intent of building institutions for good
governance. In October 2000, USAID awarded ICMA a contract to develop up to 12 partnerships between
Indonesian cities and counties with American cities and counties. On February 27, 2001, the City of Samarinda,
and the county of Kutai, Indonesia, signed agreements indicating interest in participating in the program. ICMA has
identified the City of Tigard and Washington County as a suitable team to partner with Samarinda and the county
of Kutai.
Tigard and Washington County were identified for participation by Jon Bonnet, Director of the International
Resource Cities Program. Jon was previously the City Manager in Sherwood, Oregon, before he joined ICMA over
a year ago.
The program was formed several years ago when the United States government determined that many of the
answers to the world's problems lie with local government. They identified United States city/county managers and
their staffs as the best experts in decision-making and problem solving to provide as resources to communities in
need. The program creates an international task force between a United States and international city, focused on
one or more issues, and gives them 18-24 months to develop concrete answers and direction.
The benefits to a participating city like Tigard are many. Among them is the opportunity for our participants to
develop their problem solving skills in a different environment, one with different factors and resources. Also, our
staff members, who are truly experts in their fields, will be given the opportunity to share their knowledge with
others who are in need of the resource. Of course, the participants will learn something from the international city
staff that is applicable in Tigard. Overall, it is a learning experience as well as an opportunity for participants to
stretch beyond their normal comfort zone to share their expertise with a community that is seeking assistance. The
opportunity to work with our counterparts from Washington County, as we have in the past on numerous local
issues, should prove to be very rewarding, working together to problem solve in a larger arena. Finally, being
selected for the program is an acknowledgement of the quality of community we have and the excellent staff that
we have.
Samarinda is the capitol city of East Kalimantan Province. The county of Kutai is also located in East Kalimantan
Province.
The initial diagnostic report on the needs of Samarinda and Kutai County, prepared by the ICNL4, staff based in
Indonesia, concluded that Samarinda could benefit from partnering with an organization with staff members who
can assist in negotiating agreements with other government levels and institutions. Budget and finance are key
elements as well as creation of development standards for government land. Kutai County requires assistance in
land development policies, involvement strategies, and environmental cleanup.
Assistance from the City of Tigard and Washington County would come in the form of staff visits by various small
teams of professionals. Participation will be voluntary as it is recognized that the program entails considerable
travel inconvenience and some almost negligible risk associated with travel to a third world emerging democracy.
City and county employees will be paid their regular salary while on this assignment.
The staff members selected to make the visits would possess the skills and expertise relevant to the identified
issues. The visits would take place over a period of approximately eighteen to twenty-four months. Representatives
of Samarinda and the county of Kutai, Indonesia, would also be visiting Washington County and the City of Tigard
during that period, up to a total of nine visits. All travel expenses will be paid for by USAID.
OTHER ALTERNATIVES CONSIDERED
The city can choose to not participate in the program.
VISION TASK FORCE GOAL AND ACTION COMMITTEE ST AR FGV
N/A
N
ATTACHMENT LIST
1. Resolution Supporting Participation
2. ICMA Resource Cities
3. City of Samarinda and county of Kutai, Indonesia, International Resource Cities Diagnostics
18%EM Doom 01 1111M111111111
FISCAL NOTES
Cost to the City of Tigard is the contribution of the staff resources needed to participate in the program over
eighteen months or so. It is estimated that the total time contribution between city and county staff will be twenty-
four trips lasting 10 to 14 days. If the City of Tigard contributes one half of the staff resources during the program
and the trips last an average of seven work days, the city contribution is estimated to be 84 days of staff time.
IAADM%CRV COUNCIL%COUNCIL AGENDA ITEM SUMMARIESUCMA-IRCP.DOC
1
I
1
A com I O'M A
RESOURCE CITIES
"Global Problems... Local So/rations"
ICMA, in cooperation with the United States Agency for International
Development (USAID) and other international agencies, is very pleased to invite
your city, county, or association to participate in our international partnership
project - International Resource Cities Program (IRCP). Through this
program, the skills and successes of US local governments and local
government associations are shared with local governments in developing and
transitional countries around the world. Under this initiative, US cities, counties,
or associations are partnered with counterparts in developing and transitional
countries to provide technical assistance in improving professional municipal
management, supporting participatory and inclusive governance; supporting'
economic development, promoting sound financial management, and improving
delivery of environmental services.
Since its commencement in 1997, the IRCP has sponsored more than 25
partnerships between US cities and counties with cities and counties in
developing and transitional countries across Eastern Europe, Southern Africa,
Asia, and Latin America. Funds cover the costs of international travel,
accommodations, and related expenses. The designated Resource Cities, both
in the US and overseas, are expected to pay the salaries of their employees
while they are participating in short-term overseas assignments.
US city/county managers, association executives, and chief administrative
officers (including mayors when applicable) are expected to provide the
organizational leadership and overall management for the program, and serve as
the principle liaison with ICMA. The manager/chief executive is also expected to
select from his/her staff the appropriate individuals to participate in overseas
exchanges. When a US Resource City is partnered with an overseas
counterpart, the manager/chief executive will be expected to obtain from the
Mayor and City/County Council or Board of Directors a resolution indicating their
support for the city's participation in the Program.
ICMA is extending an outreach to city/county managers and association
executives who may have an interest in participating in the Program. This initial
expression of interest does not constitute a formal commitment, but will enable
ICMA staff to provide additional information to interested managers/executives
and to assess the pool of potential cities, counties, and associations.
1111 M
M Eli
Program Goals
• To provide technical expertise to enable local government managers in
developing and transitional countries to address pressing urban management
issues.
• To establish new professional development opportunities for professional
urban managers in the US and overseas.
• To establish substantive professional relationships between US municipal
governments and associations and their counterparts in developing and
transitional countries.
• To facilitate greater understanding of the mutual benefits that can be derived
when community leaders in the US, and their overseas partners, achieve sus-
tainable solutions that enhance the capacities of democratic local
government.
Program Description
The IRCP provides direct, flexible and low-cost access to US cities, counties, and
associations. The program builds practical, problem-solving relationships
between US local governments and associations and their counterparts in
developing and transitional countries to support international technical
assistance, information sharing and technology exchange. Under this initiative,
over 30 US cities have been partnered with cities and counties overseas to
provide technical assistance in the following strategic areas:
o improving professional municipal management
® supporting participatory and inclusive governance
o supporting economic development
promoting sound financial management
o improving delivery of environmental services and enhancing accessibility to
these services
The IRCP is a joint partnership between USAID, ICMA, and ICMA members.
Funding for the partnerships is provided by USAID. These funds cover the costs
of international travel, accommodations, and related expenses. ICMA staff
provide technical and logistical support to both the US and overseas partners.
The designated Resource Cities, both in the US and overseas, are expected to
cover the salaries of their employees while they are participating in short term
overseas assignments, which are not expected to exceed two weeks per trip.
ICMA is soliciting expressions of interest from US cities, counties, and
associations interested in being considered for participation in the program. This
expression of interest does not constitute a formal commitment, but will enable
ICMA to assess the pool of potential candidates.
LM III IlIlls-
Obligations of US Resource Cities
US cities, counties, and associations participating in the program will be
expected to enter into an agreement with ICMA to provide specific short-term
technical assistance to a designated counterpart overseas. This assistance will
be provided primarily through staff, but may also be provided by other individuals
not directly affiliated with the city, county, or association (e.g., universities,
Chambers of Commerce, other non-profit organizations, etc.). The exact scope
of assistance will be determined in consultation with the overseas counterpart
and outlined in a Memorandum of Understanding (MOU). It is anticipated that
the MOU will be drafted and signed by official representatives of bath local
governments/associations and ICMA during or following the first exchange visit.
The city, county, or association will continue to pay the salaries of the employees
who are involved. Time overseas will generally be short term, usually not
exceeding two weeks.
For More Information:
For additional information or questions you may have, please contact IRCP
Director Jon Bormet at (202) 962-3508 or jbormete-icma.org.
Intemational
City/County
I 777 North Capitol Street NE
Q;) Suite 500
Washington, OC 20002-4201
Management
Association
Sill 1111
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City of Sarnarinda
International Resource Cities Diagnostic
March 21 - 229 2001
I%mMA
RESOURCE CITIES
Submitted by:
Deborah Kimble, Senior Municipal Governance Advisor
Tristanti Mitayani, Partnership Manager
USAID Cooperative Agreement
N -ME NINE-
CITY OF SAMAlII0tD A
International Resource Cities Diagnostic
Submitted by:
Deborah Kimble, Senior Municipal Governance Advisor
Tristanti Mitayani, Partnership Manager
Summary
Samarinda is the capital of East Kalimantan Province and has a population of
approximately 500,000 people. Geographically divided by the Mahakam River,
Samarinda may face difficulties in delivering services to its citizens. These difficulties
arise from the reliance on the bridge, which connects the two sides of the city.
More than 50% of the population of Samarinda earns their living from the service sector,
while 30% work in industry and another 10% work as farmers. Like many cities in
Indonesia, Samarinda must deal with the problems associated with transferring
employees from the provincial and national levels, to lower levels of government.
The annual budget for development in Samarinda comes from two sources. The first
source is regional revenue, which accounts for about 10% of the total budget. The
remaining 90% comes from shared finances provided by the national government.
Development decisions are made by the Secretary of the City, who heads the senior
management team, which builds the annual work plan for the city.
Samarinda officials identified two primary issues that should be considered through the
partnership:
1. Securing the revenues from the central government promised under Law No.25/1999
on Regional Autonomy and subsequent PP 104-108 (Government Regulation).
Staff explained that in order to secure funds from the Ministry of Finance, they were
required to travel to Jakarta to meet with finance officials. These meetings were
scheduled at the Ministry's convenience and cost valuable time and money.
Compounding the hardship of travel was the lack of trust in the reporting
mechanisms for determining the funds to which cities were entitled. While city
officials are guaranteed natural resource revenues, per the revenue sharing formula,
they question the revenue that industries report. Such industry reports are the basis
for the formula used to allocate national resource revenues and finance a large
percentage of the overall budget in Samarinda. Collecting the actual funds,
therefore, proves to be extremely problematic.
2. Defining the actual authority of central government versus the local government as it
relates to management and development of forest and mining sectors.
Staff raised concerns about decisions that were or could be made by the central
government, regarding sale or use of natural forests, by outside investors. All
officials felt that local approval was needed to ensure that the central
government/investors were in compliance with local plans. Furthermore, they felt that
new central government laws, being drafted for forestry and mining, should include
comments by and participation of the LGU staff.
City of Samarinda 1
THE RESOURCE CITIES PROJECT
On February 27, 2001 Kota Samarinda (city of Samarinda) signed a Memorandum of
Understanding indicating their interest in participating in the Building Institutions for
Good Governance (BIGG) Program of ICMA-USAID in Indonesia. Specifically, they
agreed to participate in the International Resource Cities Program (IRCP) component of
BIGG. Given this commitment, a municipal diagnostic was required to determine:
The conditions of the city, as well as conditions that will influence the effectiveness of
the exchange.
■ A profile of the city that can be used to select the most appropriate US city partner of
the program.
■ The appropriate type of technical assistance or resources that should be exchanged
in the partnership.
■ A framework for the partner's technical exchange work plan.
On March 21 and 22, 2001 Deborah Kimble, ICMA Municipal Governance Advisor and
Tristanti Mitayani, ICMA Partnership Manager for the IRCP of BIGG, met with members
of the executive and administrative staff of Samarinda.
This report provides an overview of the meetings and findings of the diagnostic trip, as
well as an analysis of the findings as they relate to meeting the current main objectives
of Samarinda. These objectives include developing and implementing a financial policy
that can be used as the performance measurement for all revenue sources and can flag
delinquent revenue payments. The diagnostic report also offers a list of potential
technical approaches that partners may want to pursue. The report is divided into four
sections:
■ Section 1: Background on the process;
■ Section 2: Summary of the meetings conducted;
■ Section 3: Descriptions of the context that guided the analysis of the findings; and
■ Section 4: Recommendations on the scope of technical exchange for the
partnership.
1. Background on the Diagnostic Process
The diagnostic in Samarinda is part of a province-wide process of tying four local
government units - Kabupaten Pasir, Kota Balikpapan, Kota Samarinda and Kabupaten
Kutai - through the budget and financial training program. As a result, many issues that
deal with financial practices in the city, were investigated earlier by ICMA Senior Budget
and Finance Advisor Philip Rosenberg and ICMA Budget and Finance Specialist,
Charles Poluan Jr.
Meetings in Samarinda were limited to one and half days due to the schedules of the
local officials. However, the cooperation of staff during the meetings proved to be
sufficient enough to meet the objectives of the diagnostic.
On Wednesday, March 21, 2001 Deborah Kimble and Tristanti Mitayani met with
Walikota Samarinda (the Mayor of Samarinda) Drs. H. Ahmad Admins, Sekretaris Kota
(Secretary to the city), Ketua BAPPEDA (Chairman of Regional Planning Agency) H.
Mochdar Hasan, and Kepala Bagian Keuangan (Finance Director) H.M. Saili. The issues
that were laid out during this meeting focused on the relationship between the central
government and the city. Two issues in particular were raised as concerns:
City of Samarinda 3
m Securing the revenues from the central government promised under Law No.25/1999
on Regional Autonomy and subsequent PP 104-108 (Government Regulation).
Several issues were identified. Staff explained the importance of having to go to
Jakarta and meet with Ministry of Finance officials (at the ministry official's
convenience), in order to secure funds. This is something that takes time and money.
Furthermore, city officials indicated that, while they were guaranteed natural
resource revenues per the sharing of revenue formula, they did not feel they could
trust the reported revenue from the industries; the base on which the formula was
applied. A large percentage of the overall budget for Samarinda is financed by the
shared revenues; problems in collecting the actual funds (for either of the reasons
stated) will prove extremely problematic.
■ Defining the actual authority of central government versus the local government as it
relates to management and development of forest and mining sectors.
Staff raised concerns about decision that were or could be made by the central
government regarding sale or use of natural forest by outside investors. All officials
felt that local approval was needed in order to ensure that they were in compliance
with local plans. Furthermore, they felt that new central government laws drafted for
forestry and mining should include comments by and participation of the LGU staff.
Finally, when asked what the biggest challenge was for the city to achieve a random list
of development activities' for Samarinda, they stated that lack of funds (real/actual funds
not only as promised) and human resources (both staff and citizen) were inhibitors. They
characterized the human resource problem as "no action/talk only." Individual meetings,
as summarized next, provided more insight into these two concerns.
2. Summary of the Meetings
Three individual meetings were convened. Staff that was interviewed included: the
Secretary to the city-H. Mardiansyah, Chairman of Planning Agency-H. Mochdar Hasan,
and Director of Finance-H.M. Saili.
Interview Findings
Secretary to the city: H. Mardiansyah
As Secretary to the City, Mardiansyah provided information related to the general
conditions of Samarinda's human resources and identified challenges that needed to be
addressed to develop better skills. He strongly believes in skill development, for both
staff and citizens. The Secretary understands that, given the natural resource base of
Samarinda and the subsequent international investor interest, there is opportunity for
both gain by and abuse of the citizens. In particular, Mardiansyah felt that citizens and
staff needed to have a better understanding of how international firms conducted
business so that local entrepreneurs. might be able to secure contracts for projects.
Examples of the types of training he felt people needed (staff and citizens) include:
English language training, international business management, and contract
List of activities included traffic, market, housing, cleaning of river, harbor, airport, bridges and general infrastructure
City of Samarinda 4
negotiations. If entrepreneurs had training in these areas, he felt the city could act as an
intermediary, bringing entrepreneurs and investors together.
Finance Department: H.M. Saili
The meeting with Sail and his staff was extremely detailed. Saili elaborated on the
relationship between how things used to be done and the changes that needed to be
implemented for the new autonomy to be successful. In particular, he emphasized the
need for the local government to follow the "reinventing government model" and to
ensure that the "real" needs of the citizens were addressed. He felt that currently, "the
city had adopted the spirit [but not the intent] of open and transparent government."
The Director of Finance indicated that in the past, performance was measured by the
portion of the budget financed by local revenues only. The measurement that was used
was simply the collection of revenues. He indicated that now performance budgeting had
to link expenditures with outcomes, to show how specific revenues sources are linked to
specific development expenditures. This new measurement improved the lives of
citizens and helped to show the community how the local government was responding to
their needs.
Some of the challenges in accomplishing this were provided by his staff. They include:
understanding and adopting double-entry accounting system standards, using the
performance based budgeting as a decision-making tool and merging the routine and
development budgets so that a comprehensive financial assessment could be made.
Practical solutions offered by the Finance Department included:
• Upgrading the computer systems
• Training for staff on how to implement responsibilities under new autonomy
• Producing good and appropriate financial reports.
The final area of discussion focused on the overall organizational structure, as it related
to implementing transparent financial management. Basically, the finance department
described two organizational structures: one that facilitated administrative actions and
one that facilitated financial decision-making actions. Assuming that the latter is
confirmed by the Mayor, it provides a workable structure for the promotion of new
financial management.
3. Analysis of the Findings
For purposes of analysis, ICMA/USAID developed a four-point structure to determine the
most useful technical information for each of the local government units in Indonesia, as
they implement Laws 22 and 25. The four points are:
3.1 Organizational Capacity
The personalities of the senior executive staff in Samarinda provide an important
resource for the successful implementation of Laws 22 and 25. In particular, the
Secretary to the Mayor is versed in western business and financial practices, at least as
they relate to making investment decisions. As a result he has begun to develop the
skills of the administrative staff to ensure that they are able to "hold their own" during
negotiations with foreign firms.
While not official, Samarinda is, in practice, organized similarly to a council manager
structure of government. This was noted by the Finance Director who, along with his
staff, brings considerable talent and knowledge to the organization, which will enhance
the Kota's ability to implement Law 25. In practice, the secretary to the mayor is
City of Samarinda
5
min
functioning much as a city manager would in the budget process. The Director of
Finance, the Planning Agency and the Secretary make up the budget committee,
reviewing departmental requests and taking responsibility for integrating the routine and
development budgets. This practice is one of the first noted, vis-a-vis the completion of
the seven diagnostics, which brings the status of the finance director on par with that of
the Planning Agency.
As with all autonomous regions in Indonesia, reorganizing the local government is an
ongoing and iterative process. Samarinda seems to be taking steps forward informally,
but did not address why such steps had not been taken formally. However, given the
number of expected new presidential and ministerial degrees yet to be passed, informal
reorganization may be the most efficient way to move forward for the time being.
3.2 Transparent Budget and Financial Systems
The richness of East Kalimantan's natural resource base makes securing the special
revenue funds from the central government a priority. Like Kutai Kabupaten, Samarinda
officials felt that it will be critical to:
• Lobby Jakarta for timely and accurate transfer of funds;
• Develop a mechanism that provides an accurate estimate of the income
generated from the natural resources so that the transfers from the GOI are
complete.
Contrary to other local governments interviewed, Samarinda financial officers addressed
the expenditure side of the budgetary and financial systems. Due to lack of experience
and limited computer capacity, however, the progress made in reforming budget and
finance practices is conceptual. Moving from concept to reality should be part of the
partnership work plan.
3.3 Effective Citizen Participation
Samarinda officials describe their programs as citizen oriented, with citizen based
budgeting and an investment strategy that provides citizens opportunities to secure
contracts. There is, however, no evidence that citizens have been involved in these
processes or that a strategic development plan (one which addresses the needs of
citizens in a logical and orderly fashion) is in place. The latter is illustrated by the list of
capital projects that the Mayor mentioned (see footnote 1).
3.4 Efficient Delivery of Urban and Environmental Services
Little discussion ensued regarding the delivery of actual services. The city officials are
primarily focused on securing revenues. Samarinda's potential wealth, as defined by the
projected revenues to be derived from natural resources, can become a disincentive for
developing efficient management practice for the delivery of services. When cities have
excessive or at least sufficient revenues, political will to instill financial discipline is often
times not exercised. Building a transparent financial and budgetary system will provide a
mechanism by which to determine how, or if, the Kota (both legislative branch and the
executive branch) are making good financial decisions.
4. Recommendations for the Partnership Exchange
Samarinda would benefit from developing the staffs ability to negotiate agreements with
other levels of government and other institutions. Inherent in this skill set is the ability to
analyze information and make realistic projections. This internal skill set should be
gained from the budget and finance training that will be given to the staff. In terms of
City of Samarinda 6
how this can be applied to the partnership, it is recommended that one or more of the
following types of agreements should be pursued:
■ A plan for rental or other compensation for public use of city land by province and
central govemment (don't quite understand this sentence... does she mean a tax
program in lieu of something else, or simply a tax program-the sentence isn't
grammatically correct.)
Intergovernmental agreements on development standards of central government
owned land.
■ Partnership with local institutions for small business economic development training
and/or certificate.
It is recommended that the partner cities (both US and Indonesian), should work
collaboratively to develop an effective lobbying program. This recommendation is based
on the need to define the actual authority of the local government (as it relates to the
management of natural resources), as well as the need to be able to secure actual
revenues, from the central government, that are common among several of the local
governments in East Kalimantan. This can and should be done in cooperation with the
associations. In the early stages of development, East Kalimantan might become one of
the associations' pilot advocacy activities, which can be replicated in other provinces as
the associations capacity to advocate on behalf of their members improves.
City of Samarfnda 7
County of Kutai
International Resource Cities Diagnostic
March 29, 2001
RESOURCE CITIES
Submitted by:
Deborah Kimble, Senior Municipal Governance Advisor
Tristanti Mitayani, Partnership Manager
USAID Cooperative Agreement
9
COUNTY OF KUTAI
International Resource Cities Diagnostic
Submitted by:
Deborah Kimble, Senior Municipal Governance Advisor
Tristanti Mitayani, Partnership Manager
Summary
Kutai County is a large administrative area (27,283 km2) located in the Province of East
Kalimantan with a relatively low population density (slightly over 400,000 people). The
center of the county (equivalent to US County Seat) is Kecamatan (Sub-District)
Tenggarong, less than an hour trip from the capital city of the province, the City of
Samarinda.
Kutai, famous as the oldest Kingdom in Indonesia, has natural resources such as coal,
oil, gas, agriculture and forestry, gold and other mining products. Kutai is also famous for
its river, the Mahakam, which has both tourism and transportation uses, but is prone to
floods during the rainy season. Kutai currently accounts for about 30% of the total
revenue for the Province.
Despite this, people in Kutai County still live in poverty, and in unsafe, damaged
environments. Although Kutai has several big or foreign companies, their quality of life is
still inappropriate. Most of the people still earn their living from farming (38%),
handicrafts (18%), and trading (10%). As Regional Autonomy is implemented, one of the
principles interests for Kutai County is how to attract investment to be able to finance
sustainable development.
County of Kutai 4
THE RESOURCE CITIES PROJECT
On February 27, 2001 Kabupaten Kutai (the County of Kutai) signed a Memorandum of
Understanding indicating their interest in participating in the Building Institutions for
Good Governance (BIGG) program, implemented by ICMA. Specifically, they agreed to
participate in the International Resource Cities component of BIGG. Given this
commitment, a municipal diagnostic was required to:
■ Define the conditions of the County of Kutai; conditions that will influence the
effectiveness of the exchange.
• Provide a profile of the county that can be used to select the most appropriate US
partner.
• Identify the appropriate type of technical assistance or resources that should be
exchanged in the partnership.
■ Establish a framework for the technical exchange work plan of the partnership.
On March 28 and 29, 2001 Deborah Kimble, Senior Municipal Governance Advisor and
Tristanti Mitayani, Partnership Manager from ICMA, - BIGG met with members of the
executive and administrative staff of the County.
This report provides an overview of the meetings and findings of the diagnostic trip as
well as an analysis of the findings as they relate to meeting the objectives of the
county-flood control and development. Further, the diagnostic report offers a list of
potential technical approaches that the partners may want to pursue. The report is
divided in to four sections:
1) Background on the process;
2) Summary of the meetings conducted;
3) Description of the context that guided the analysis of the findings; and
d) Recommendations on scope of technical exchange for the partnership.
1. Background on the Diagnostic Process
The diagnostic in the County of Kutai is part of a province-wide process of tying four
local government units-the County of Pasir, the County of Kutai, the City of Samarinda
and the City of Balikpapan-through the budget and financial training program of the
ICMA-BIGG program. As a result, a fair amount of the issues dealing with financial
practices in the county were investigated earlier by Senior Budget and Finance Advisor
Philip Rosenberg and Budget and Finance Specialist Charles Poluan.
The general review meeting held on Thursday morning, March 29, 2001 focused on the
overarching issues that might be addressed through the Resource Cities partnership.
The common problems of autonomy - resource sharing, human resource capacity,
i merging the routine and development budgets, and financing of infrastructure, to name
just a few-were submitted as the critical areas of concern for Kutal. Participants in the
March 29 meeting indicated that Kutai faced the specific challenges of improving the
economic condition of the county. In particular, staff identified the following as areas in
which action was necessary:
Environmental clean up of the river,
• Land development and land control, and
Balanced investment strategies.
Each of these issues is discussed in more detail below.
County of Kutai 5
r
2. Analysis Of Diagnostic Findings
Kutai County has around 426,000 people in an administrative area of about 27,263 km2.
It is located at the north of the City of Samarinda and is linked with its famous river
Mahakam from the upstream to the downstream at the sea.
Environmental Clean Up: Recently Kutai was divided into three separate counties. While
this made geographic sense-creating more manageable sized areas-it has created
new problems. One of the more serious problems is the down-stream pollution, which
has resulted in the dying off of the fish and contamination of the river, both potential
resources for economic development.
Kutai Staff feel that two systemic issues need to be addressed if the pollution problem is
to be properly addressed-development of a regional pollution control program and
increasing the local council's understanding of their role in a regional problem. In both
instances, the onset of autonomy changes the role local government plays in the design
and implementation of both.
Land Development And Land Control: Land development and control is linked to the
environmental issues, but further implications of a weak development and control policy
relate to the use of land for industrial development. Staff indicated they wanted to
determine how to use development policy as a way to create more economic opportunity
for the people of the community and not just the large corporations.
Further, members of the BAPPEDA (regional development planning board) staff
indicated that consideration now had to be given to conflicts that could arise between
local land regulations and those decrees and regulations adopted by the ministries and
president. The conflict stems from the lack of clear understanding of the delineation of
responsibility and authority between local dinas (service departments) and line ministers
in such areas as natural resource management, mining, forestry, etc.
Balanced Investment Strategy., Development of an investment strategy is contingent on
improving the county's ability to estimate financial resources and expenditures. As with
other LGU's in East Kalimantan, this is highly influenced by the special revenue transfers
from the central government. Several factors that must be considered in resolving the
financial questions include:
C Gathering data about the natural gas resources so that an accurate estimate of
tax revenues can be calculated. The local government has to rely on the
government data; data that they feel is not used in calculations that benefit the
county.
Increasing the predictability of revenue transfers and collection. Beyond the issue
of having access to better data, several staff members indicated that collecting
the taxes from both the central government and local business firms (those fees
and taxes that are locally levied) is a problem.
Increasing the amount of money collected locally from local taxes. Several
people indicated that the county needed to negotiate better tax schemes with the
larger businesses and that the amount of local tax revenue should be increased,
offsetting the eventual decline in future central government revenue transfers.
3. Interview Findings
For purposes of analysis, ICMA/USAID developed a four-point structure by which to
determine the most useful technical information for each of the local government units in
County of Kutai 6
Indonesia as they implement Laws 22 and 25. The four points are (including Kutai's
steps to improve in each area):
1. Organizational capacity
• Developingrntroducing new analytical skills that correspond to new autonomy
responsibilities
• Building citizen involvement programs that contribute to the community
consensus.
2. Transparent budget and financial systems and practices
• Estimating tax revenues from all sources
• Improving revenue collection
• Conducting a revenue analysis for purposes of developing an investment
strategy to attract business.
3. Efficient deliver of services
• Adopting a regional pollution control plan
• Creating an investment strategy that benefits low income/low skilled citizens.
4. Effective citizen participation
No such citizen participation programs indicated from the interviews, as Kutai is
interested in trying to find the better way to increase the regional revenue by itself so
they could run the development without being heavily dependent on national
government.
4. Recommended Approaches For IRCP For Kutai County
Recommended approaches for an IRCP for Kutai County could go through several
issues that are expected by the government staff, such as:
■ Environmental clean-up of the river
■ Land development and land control policies
• Balanced investment strategies to increase the regional revenue.
County of Kutai
AGENDA ITEM #
FOR AGENDA OF A YI?ust 28.2001
CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY
ISSUE/AGENDA TITLE Recognition of Nancy Irwin and Lga Beck for service on the Library Board
PREPARED BY: Susan Koeppingj DEPT HEAD OK ITY MGR OK
ISSUE BEFORE THE COUNCIL
Recognition of Nancy Irwin's and Larry Beck's contribution to the Library Board
STAFF RECOMMENDATION
On behalf of the Tigard community, Mayor Griffith' and City Council will express appreciation to Nancy Irwin and
Larry Beck for the time, energy and expertise they contributed while serving on the Library Board. Mayor Griffith
will present certificates of appreciation to Ms. Irwin and Mr. Beck.
INFORMATION SUMMARY
Nancy Irwin was appointed to the Library Board in May, 1993 and served through June of 2001.
Larry Beck was originally appointed to the Library Board in September, 1995 and served through June of 2001.
The Library experienced significant growth in usage during their years of service.
OTHER ALTERNATIVES CONSIDERED
None
VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY
Goal: City will maximize the effectiveness of the volunteer spirit to accomplish the greatest good for our
community.
FISCAL NOTES
None
t:%ADMISUSANKITASKFORC\TASKFORMUM8b1LBECK IRWIN RECOG..DOC
AGENDA ITEM #
FOR AGENDA OF August 28, 2001
CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUMMARY
ISSUE/AGENDA TITLE Recommendation for a site for the proposed new library from the New TiR
Library Construction Committee.
PREPARED BY: Mariaret Barnes DEPT HEAD O CITY MGR OK
ISSUE BEFORE THE COUNCIL
Shall the City Council approve the recommended site for the proposed new library?
STAFF RECOMMENDATION
The staff recommendation is for the City Council to approve the recommended site for the proposed new library.
In addition, the staff recommendation is for the City Council to authorize staff to work with the property owner to
pursue an option for the property.
INFORMATION SUMMARY
The New Tigard Library Construction Committee has been meeting since August of 2000. This past year the
Committee has regularly presented information to the City Council regarding the progress of the Committee. The
criteria developed by the Committee and BML Architects to evaluate potential sites for the proposed new library
has been reviewed with Council during past presentations.
The site being recommended for the proposed new library of 47,000 sq. ft. is a 14.7-acre property located along
Hall Boulevard near O'Mara Street. The land is relatively flat with services located nearby, making this an easy-to
develop site. This site will accommodate a two-story structure, future expansion and the necessary parking
required for such a facility. There is access to public transportation, a bus line serves the site and a transit center is
located within a half-mile radius. The site is also accessible from Hall Boulevard, which is a major arterial street.
This site will enable the library to remain in close proximity to the City Hall complex. This proximity would allow
for citizens to continue to access a variety of city services in a convenient manner.
Finally, this property is located along the Fanno Creek Trail system and has the potential to enhance the existing
network of trails available for public use. Since the property includes a high quality natural area located along the
back part of the site, the location is park-like and has potential for views within the facility. There is also the
potential for other cultural/outdoor activities to be developed on this site.
At this time, the Committee is prepared to make a site recommendation to Council for the proposed new library.
OTHER ALTERNATIVES CONSIDERED
Not approve this recommendation and begin a new site selection process.
EMENE 1111111151 1111MIMII~Mmsj
VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY
Goal #3: Adequate facilities are available for efficient delivery of life-long learning programs and services for all
ages.
Strategy #1: Form a construction committee to explore the feasibility of new library space.
ATTACHMENT LIST
Set of PowerPoint Slides.
GIS Photo.
FISCAL NOTES
The preliminary estimated cost for the proposed new library project is between $14,000,000 and $17,000,000.
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New Tigard Library Construction Committee 3
AGENDA ITEM # I
FOR AGENDA OF August 28, 2001
CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUMMARY
ISSUE/AGENDA TITLE Transportation Financing Strategies Task Force Initial Progress Report
.e/ .J
PREPARED BY: A.P. uenas DEPT HEAD OK CITY MGR OK
ISSUE BEFORE THE COUNCIL
Initial report to City Council by the Transportation Financing Strategies Task Force on the Task Force progress to
date.
STAFF RECOMMENDATION
The Task Force requests Council direction to determine the feasibility of implementing a Street Utility Fee for the
City of Tigard.
INFORMATION SUMMARY
City Council, through Resolution No. 01-06, formed a Transportation Financing Strategies Task Force to re-
evaluate the bond package submitted to the voters during the November 2000 election, determine what went wrong
with the bond issue, and make recommendations to City Council for future funding strategies. The Task Force has
met three times since April 2001. At its first meeting, the Task Force selected Beverly Froude and Paul Owen as
Chair and Vice Chair respectively. The Task Force is currently in the process of evaluating a wide variety of
funding sources for both corrective and preventive maintenance of City streets, and expansion of major collectors
to accommodate current and future traffic.
As operating costs rise each year, the amount available from the State Gas Tax for corrective and preventative
maintenance continues to drastically decrease. The Task Force is seriously considering implementation of a
Transportation User Fee (also known as a Street Utility Fee) to help protect the City's investment in the street
infrastructure. This is a monthly fee that everyone pays to finance corrective and preventative maintenance on the
City streets. Each household and business in the City would be charged a proportionate share and the amount would
be included in the monthly utility bill. There are established methods for determining the appropriate monthly
charges. The City of Portland recently included such a fee in their Fiscal Year 2001-02 budget. The cities of
Tualatin, Wilsonville, Eugene, and others have initiated that type of fee for their street maintenance work. The City
of Tualatin implemented their fee about a decade ago and has had a great deal of experience in the administration of
that fee. On June 21, 2001, the Task Force listened to a presentation by Dan Boss, Operations Director of Tualatin,
on the process that they used to initiate and administer that City's Street Maintenance Fee.
As an initial step, the Task Force recommends that the City pursue the initiation of a Street Utility Fee. The Task
Force therefore requests Council direction to study the establishment and implementation of such a fee and prepare
a detailed report to be brought back to Council for consideration. The report would include: justification for
implementation of the fee, legal authority for implementation, the basis for the charges to be established, the
proposed charge to each household and business, the annual amount that would become available from the fee, the
work that would be performed from the revenues collected, timing for implementation, and most important, the
public process to obtain input from the public prior to adoption of the fee.
It should be noted that the League of Oregon Cities (LOC) has warned the various cities about attempts by the state
legislature to cap or preempt street utility fees. The City of Tigard has gone on record to strongly oppose any such
legislative attempts to preempt Oregon cities from initiating such fees. Mayor Griffith has sent letters to both
Senator Deckert and Representative Williams strongly opposing any legislative action to preempt these fees. The
latest LOC bulletin stated that the legislative efforts did not garner sufficient support during the last legislative
session, but that future attempts may be expected.
The Task Force will continue meeting to evaluate other sources of funding. A high priority is determining sources
that could be used to provide additional capacity within the existing collector network. The next Task Force report
will be scheduled for February or March 2002. The detailed report on the Street Utility Fee will be scheduled for
presentation to Council after it has been completed and reviewed by the Task Force.
OTHER ALTERNATIVES CONSIDERED
Do not pursue initiation of a Street Utility Fee.
VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY
The formation of this task force meets the "Tigard Beyond Tomorrow" goal of "Identify and develop funding
resources" strategies "Establish a task force to examine current and possible new sources of funding" and
"Implement task force recommendations." Any funding sources developed would fund projects that meet the
"Tigard Beyond Tomorrow" goals of "Improve Traffic Safety" and "Improve Traffic Flow."
ATTACHMENT LIST
Resolution No. 01-06
FISCAL NOTES
No costs have been determined to date. The study to establish the Street Utility Fee may need an outside
consultant to assist staff in various aspects of the report including determination of the appropriate charges and
justification for those charges.
IACitywide\Surn itial Transportation Financing Strategies Task Force Report.doc
CITY OF TIGARD, OREGON
RESOLUTION NO. 01- Olo
A RESOLUTION TO ESTABLISH A TRANSPORTATION FINANCING STRATEGIES TASK
FORCE TO EVALUATE THE ELECTION RESULTS ON THE UNSUCCESSFUL
TRANSPORTATION BOND MEASURE, DETERMINE WHAT WENT WRONG WITH THE
BOND ISSUE, EXPLORE FEASIBLE FUNDING STRATEGIES, PRESENT FINDINGS AND
PROVIDE RECOMMENDATIONS TO CITY COUNCIL ON THOSE FUNDING STRATEGIES
THAT SHOULD BE FURTHER PURSUED, THEN ASSIST IN THE DEVELOPMENT AND
IMPLEMENTATION OF THOSE STRATEGIES.
WHEREAS, one of the 1999 City Council goals was to complete the City's transportation program
development; and
WHEREAS, one element of that goal was to identify and provide a list of transportation projects and
develop a package of projects for a year 2000 bond measure; and
WHEREAS, a Transportation Bond Task Force was created by City Council Resolution No. 99-19 to
identify transportation, safety, sidewalk, and pedestrian/bike path projects for inclusion in a bond
measure to be submitted for voter approval in the year 2000; and
WHEREAS, the Tigard City Council appointed a group of individuals representing a broad range of
interests, backgrounds, and areas of concerns to this Task Force to participate in the development of the
transportation bond measure; and
WHEREAS, in April 1999, this Council-appointed Transportation Bond Task Force began a yearlong
process to identify transportation, safety, sidewalk, and pedestrian/bikepath projects that would meet the
City's goals of improving traffic safety, improving traffic flow, and enhancing pedestrian and bike
transportation; and
WHEREAS, the Task Force, after careful consideration of public input, prepared and submitted a list of
projects and other recommendations to the Planning Commission on April 17, 2000 and to the City
Council on May'9, 2000; and
WHEREAS, the Proposed Transportation Bond Issue in the amount of $16 million was placed on the
November 2000 election ballot as Measure 34-20; and
WHEREAS, the Transportation Bond Issue failed at the ballot by a 64% to 36% margin with that margin
relatively consistent throughout all the precincts in the Ci:y; and
i
WHEREAS, the transportation infrastructure improvement needs remain and must be addressed to
accommodate the existing and future travel demands of the automobile and alternate modes of
i transportation; and
WHEREAS, City Council wishes to create a task force to evaluate the election results and determine
reasons the bond measure failed, and
RI'SO)I. H [ON NO. 01
I'agc I
WHEREAS, City Council further wishes the task force to explore feasible strategies for funding these
urgently needed transportation system improvements and to recommend strategies for funding and public
process that takes into account the post-election evaluation findings; and
WHEREAS, the Transportation Bond Task Force was assigned a specific mission to place a package of
projects on the election ballot in the year 2000, successfully accomplished it, and was subsequently
deactivated; and
WHEREAS, because the new task force will be exploring financing strategies, which could include but are
not limited to a fixture bond issue, the task force to be established should be named appropriately to reflect
the assigned mission; and
WHEREAS, the mission for the new task force conforms to the Tigard Beyond Tomorrow Transportation
and Traffic goal and strategy of examining current and possible new sources of funding via formation of a
task force.
NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council that:
SECTION 1: The Transportation Financing Strategies Task Force is hereby established. Its
membership- shall consist of those individuals listed on the attached Exhibit "A"
SECTION 2: The mission of the Task Force is to:
(1) Evaluate the election results on Measure 34-20 and determine through whatever
means deemed reasonable by the Task Force the reasons the measure failed; and
(2) Review the package of projects in Measure 34-20 and determine if the project
listings and bond issue amount should be revised as part of the overall evaluation;
and
(3) Explore feasible funding strategies and develop recommendations for City Council
discussion and direction; and
(4) Determine actions required -to enhance the passage of any future funding measures,
including the public process essential for enhancing public awareness and support
of the projects; and
(5) Report to City Council the Task Force findings and recommendations on the project
package, public process and funding strategies that should be further pursued; and
(G) Based on Council direction, spearhead efforts to further develop and implement
strategies with the goal of funding a transportation improvement package over the
next two years.
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SECTION 3: The Task Force shall provide progress reports to City Council at least once a quarter
and shall present the initial report on the findin s and recommendations no later than the
end of August 2001.
j SEC'T'ION 4: The City Engineer shall be assigned as staff liaison to the Task Force. Other City staff
shall be used to support the Task Force activities as deemed necessary throughout the
entire process.
RESOLUTION No 01 -CU)
Page 2
SECTION 5: At the first meeting the Task Force shall select a chair to preside over the meetings. The
Task Force shall operate under Roberts Rules of Order. All meetings shall be noticed
and conducted in accordance with the State of Oregon public meetings law. A quorum
consisting of at least 5 members shall be required for the Task Force to meet. Minutes
shall be recorded at every official meeting of the Task Force.
SECTION 6: The need for continuation of the Task Force shall be evaluated one year after formation.
The Task Force mission shall be deemed accomplished after City Council is satisfied
that the mission of the Task Force has been accomplished. Task Force deactivation shall
be by resolution at that time.
PASSED: This 13 - day of U 2001.
ayor - City f Tig
ATTEST:
City Recorder - City of Tigard
i c*ywweAezW-st bkVwrarA of a TransporlaWn Fi~warq SUalegies Task Force
N
RF.SOI.l ITION NO. 01
Page 3
Exhibit ccA"
Trmsp®rtati®n Financing Strategics Task Force
Task Force Members
John Olsen Beverly Froude
11760 S W Gaarde St. 12200 SW Bull Mountain Rd
Tigard, OR 97223 Tigard, OR 97224
Paul Owen Steve Clark
10335 SW Highland Dr c/o Time Publications
Tigard, OR 97224 6975 SW Sandburg St
Tigard, OR 97223
Joe Schweitz Brian Moore
14352 SW 90th Ave Council Liaison
Tigard, OR 97224. 9835 SW Kimberly Dr
Tigard, OR 97224
Cam Gilmour Craig Dirksen
12695 SW Morning Hill Drive Council Liaison
9131 SW Hill St
Tigard, OR 97223 Tigard, OR 97223
Darrell Glenn Mores
12897 SW Falcon Rise Drive
Tigard, OR 97223
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Mai
Transportation Financing
Strategies Task Force
Transportation Financing
Strategies Task Force Formed by City Council to
- Evaluate reasons for failure of November 2000
bond measure
- Determine funding strategies for
Initial Report to City Council Corrective and preventative maintenance of City
August 28, 2001 Streets
• Reconstruction and widening of collector streets to
meet current and future traffic demands
2
Transportation Financing
Strategies Task Force The City's Funding Needs
• Status • Street Maintenance
I las nut lour times since April 2001 - Preventative Maintenance
Initial report to City Council at this meeting Corrective Maintenance
Is seriously considering implementation of a • Widening and reconstruction of major
Street Utility Fee for maintenance collectors
Is continuing to look at other funding sources to meet existing and future traffic demands
fix street improvements - to meet current geometric alignment standards
Street Maintenance Street Maintenance
Pavement Petformance Curve Pavement Peiforniance Curve
EXC"NT
GCl7D 14%pcph On>tl' 31 DO brYnratton ltn
N
FAIL
~ MCS tl%4ephad/
s WE Coe 311J0
.r w.k mKn VERY twat laaw to MA0lfas
J
R FAMM
T] Yrteat., 1 1 ] 1 6 6 1 if n 10
b~elpir vtwea
s n
1
Street Maintenance Street Maintenance
Pavement Performance, Cu .e Pavement Performance CuK Ve
Law
Te'~~ MNn•~d9r e
Street Maintenance Needs
Street Maintenance Needs Fundiag Sh;., all
• State gas tax is primary source of f Aln
n~.wu...«c . rurc.u for street maintenance
street R«onmuction $590 ,000 • Gas tax has not increased in a decade
Pavennt Overt $470000 • Funding for overlays and slurry seals has
Slurry sews $1,010,000 steadily decreased over the years - in FY
,.tdc.ets $:070000 2001-02 that amount is $207,000
• Gas tax has ceased to be a viable source of
funds
e ~o
Unfunded Projects Task Force Review of
Major Street Improvements Potential Funding Souirces
Local Gas Tax Urban RenewaI T- `
• 121st Avenue (Walnut to North Dakota)'
• Walnut Street (Tiedeman Avenue to 121 st) Block Grants Increment Funds
Traffic Impact Fee Street Utility Fee
1 121st Avenue (Gaarde Street to Walnut)
i Local Improvement Local Option Funds
--]II Burnham Street (Main Street to Hall) Districts (LIDS) Oregon Transportation
• Fortner Street (Walnut to 11Sth Avenue) Transportation Bond Infrastructure Bank
3 • Tigard Street (South Side-Main to Tiedeman) General Fund Transfers Systems Development
• Wall Street Extension (Hunziker to Hall) General Obligation Charges
Bonds TEA-21 funding 12
2
Eli
Street Maintenance Fee
Street Maintenance Fee Use By Other Cities
• Allocates costs to users of the system • Other cities adopting the fee include
• Fees are equitable based on established and Tualatin, Medford, Wilsonville, Portland,
accepted trip generation rates Ashland, etc.
• Resources are dedicated to specific • Residential rates vary from $1.42 to $5.12
transportation services (i.e. maintenance) per month
• Collected through existing utility bills • Implemented through Council action
• Can be implemented through Council action
Street Maintenance Needs Street Maintenance Needs
m
12 1 sl Avenue Meadow Street
bid
Ash Street
Kable Street
,e
s
Unfunded Project Unfunded Project
121st Avenuc (Walnut to North Dakota) 121st Avenue (Gaarde to Walnut)
i
all,
3
a
7
,e
n
3
Unfunded Project Unfunded Project
Burnham Street (Main Street to Mall ; lvd) Fonner Street (Walnut to 11 Sth.Avenue)
Center tum lane only
,P whae needed
to o
Unfunded Project Unfunded Project
Tigard Street (Main to Tiedeman,`S. Side) Wall Street Extens'o
s'
31
Unfunded Project
i Wall Streel Extension Task Force Recommendation
• IX1p9`" Request Council direction to pursue
initiation of a Street Maintenance Fee:
- Study establishment and implementation of a
Street Maintenance Fee
- Prepare a detailed report to be brought back to
tires Y\_~~~~ r Council
3] to
4
Street Maintenance FeezS d Future Task Force .4c#'
• Should include: • Will continue to explore other sours'
- Legal authority for implementation funding
- Basis for the charges • Priority will be on funding sources for
- Proposed monthly charge to each household major collector improvements
and business • Next report will be in early 2002
- Annual revenues
- Work to be performed Detailed report on the Street Maintenance
Fee will be scheduled after Task Force
- Public process prior to adoption of the fee review is completed
n 7•
Transportation Financing
Strategies Task Force
Initial Report to City Council
August 28, 2001
27
' s
AGENDA ITEM No. 8 Date: August 28, 2001
PUBLIC HEARING
(QUASI-] U DICIAL)
TESTIMONY
SIGN-UP SHEETS
Please sign on the following page(s) if you wish to testify before City Council on:
CONSIDER AN ORDINANCE VACATING
APPROXIMATELY 11,702 SQUARE
FEET OF PUBLIC RIGHT OF WAY ON
SW BEVELAND STREET, IN THE CITY
OF TIGARD,
WASHINGTON COUNTY, OREGON
(VAC2001-00002)
Due to Time Constraints
City Council May Impose
A Time Limit on Testimony
MADMRGREER\CCSIGNUROH TESTIMONY OJ.DOC
AGENDA ITEM No. 8
PLEASE PRINT
Pro onent - (Speaking In Favor O onent - S eakin Against
Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No.
s2rj0~
570' e l r ri G C
f' od ?w ~ h i9c! C
Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No.
Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No.
Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No.
Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No.
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Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No.
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IRWIN
AGENDA ITEM #
FOR AGENDA OF 8.28.01
CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUMMARY
ISSUE/AGENDA TITLE: Beveland Street 72"d Avenue Public Right-of-Way Vacation AC2001-00002 .
PREPARED BY: Mathew Scheideg,-er DEPT HEAD OK ITY MGR OK
ISSUE BEFORE THE COUNCIL
Should the City Council vacate an approximately 11,702 square foot portion of public right-of-way commonly
known as SW Beveland Street?
STAFF RECOMMENDATION
It is recommended that Council approve the Vacation as requested by adopting the attached Ordinance.
(Attachment 1)
INFORMATION SUMMARY
The City Council initiated this Vacation on July 10, 2001 (Attachment 2, Resolution No. 0142) to consider the
above vacation request. The next step in the process is for the City Council to hold a public hearing.
For the vacation of streets, easements and other public dedicated areas, the City Council begins the process by
passing a Resolution to schedule a formal public hearing to consider such requests.
Stoel Rives, LLP, on behalf of Lowe's Hardware (2S101AB-02706 and 2S101AB-02707), Louie A Stober
(2S101AB-01604), and Whitethom, LLC (2S101AB-01900), is requesting that the City Council vacate a
portion of SW Beveland Street at SW 72nd Avenue. The portion of SW Beveland Street right-of-way that has
been requested to be vacated lies to the north of the newly configured SW Beveland Street and to the west of
SW 72nd Avenue. The portion of SW Beveland Street right-of-way to be vacated is due to the new alignment
of SW Beveland to align directly with SW Beveland Street east of SW 72nd Avenue. If the requested vacation
is approved, the vacated land will revert to the abutting property owners to the north located at 2S101AB-01604
and 2S101A13-01900. The new alignment was constructed across tax lots 2S101AB-02705, 2S101AB-02706
and 2S101AB-02707, which are owned by Lowe's Hardware. The purpose for the relocation was to ensure
better traffic flow at the SW Beveland/SW 72nd intersection. The land needed for that improvement and the
associated right-of-way was dedicated by Lowe's Hardware to the City of Tigard. As a result of the relocation,
n a small portion of parcels 02706 and 02707 remains to the north of the relocated SW Beveland Street and south
of the old right-of-way. The left over portion of land is to be quit-claimed to tax lot 2S101AB-01900 to the
north after the old right-of-way for SW Beveland Street has effectively been abandoned.
Appropriate agencies have been contacted for comments and no objections were received. These include utility
companies and emergency service providers.
OTHER ALTERNATIVES CONSIDERED
Take no action at this time.
VISION TASK FORCE GOAL. AND ACTION COMMITTEE STRATEGY
Not applicable.
ATTACHMENT LIST
Attachments: Attachment 1- (Ordinance)
Attachment 2 - (Resolution No. 01-42 Initiating The Vacation)
Exhibits: Exhibit "A" - (Legal Description)
Exhibit "B" - (Site Plan)
Exhibit "C" - (Vicinity Map)
FISCAL NOTES
There are no direct fiscal impacts as a result of this request as all fees have been paid by the applicant.
Attachment 2
CITY OF TIGARD, OREGON
RESOLUTION NO.01- z4Z
A RESOLUTION INITIATING VACATION PROCEEDINGS TO VACATE A. APPR07aMATE
11,702 SQUARE FOOT PORTION OF PUBLIC RIGHT-OF-WAY ON SW BEVELAND STREET AT
THE INTERSECTION OF SW 72ND AVENUEWVMU
WHEREAS, the approximate 11,702 square foot portion of the right-of-way had previously been dedicated
to the public; and
WHEREAS, SW Bcveland Street has been realigned to ensure better traffic flow at the SW Beveland/SW
72nd Avenue intersection; and
WHEREAS, the applicant has requested that the City of Tigard initiate Vacation proceedings to vacate an
approximate 11,702 square foot portion of public right-of-way; and
WHEREAS, the said portion of public right-of-way may no longer be necessary; and
WHEREAS, the Tigard City Council finds it appropriate to initiate Vacation proceedings for the requested
public right-of-way vacation.
NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council that:
SECTION 1: The Tigard City Council hereby initiates a request for the vacation of an approximate
11,702 square foot portion of public right-of-way as more particularly described in
Exhibit "A' and Exhibit "B" and by rcfcrence, m adc a part hcrcof.
SECTION 2: A public hearing is hereby called to be held by the City Council on August 28, 2001, at
7:30 PM in the Town Hall at Tigard City Hall, 13125 SW Hall Boulevard, within the
City of Tigard, at which time and place the Council will hear any objections thereto and
any interested person may appear and be heard for or against the proposed vacating of
said public right-of-way.
PASSED: This q, day of 2001.
C/ 0
ZULU 1i
For -City &Q,
ATTEST:
City Recorder - City of Tigard
RESOLUTION NO. 014-P,
Page 1 cm~,a.xn,e~ a~
Du bmi.
FranLF-I l
. L~ g .
AFTER RECORDING, RETURN TO:
Mr. and Mrs. Louie A. Stober DRAFT
7305 SW Beveland Road
Tigard, OR 97223
QUITCLAIM OF EASEMENT
Lowe's HIW, Inc., a Washington corporation ("Grantor"), releases and quit claims to Louie A.
Stober and Jessie L. Stober, husband and wife ("Grantee"), a nonexclusive, perpetual easement and right-
of-way over and across that certain real property described on attached Exhibit A ("Grantor's Property")
for single family residential use only providing pedestrian and vehicular access and egress for such
purposes from that certain property described on attached Exhibit B ("Grantee's Property"), and for no
other purpose, which access easement is described on attached Exhibit C and shown on the map on attached
Exhibit D. The rights of this access easement benefitting the Grantee, their successors or assigns
automatically shall terminate and be of no further force or effect in the event said easement is used for
purposes other than stated herein.
DATED this day of , 2001.
LOWE'S HIW, INC.,
[Corporate Seal] a Washington corporation
By: _
Title:
Pordndi-2073838.2 0021097.00006
Mimi,
STATE OF CALIFORNIA DRAFT
ss.
County of )
I a Notary Public for the State of California certify that
personally came before me this day of ,
2001 and acknowledged that in the capacity of
for Lowe's HIW, Inc., a Washington corporation, being authorized to do so, executed
the foregoing Quitclaim of Easement on behalf of the corporation.
[SEAL] Notary Public for California
My commission expires:
0
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Pordndl-2073838.2 0021097.0M 2
Exhibit A
Legal Description DRAFT
of Real Property Owned by
Lowe's MW, Inc.
A portion of vacated SW Beveland Road situated in the NE 1/4 of Section 1, T.2S., R1W., W.M., City
of Tigard, Washington County, Oregon, being more particularly described as follows:
Commencing at the Southwest corner of Lot 15 of "Hermoso Park," a subdivision filed in Washington
County Plat Records;
Thence perpendicular with the North right-of-way of said SW Beveland Road, S 8°05'38" W, 30.00 feet
to the TRUE POINT OF BEGINNING;
Thence S 81 °54'22" E, 100.72 feet to a point 46 feet westerly, when measured at right angles, from the
centerline of SW 72nd Avenue;
Thence parallel with said centerline, S 2°33'30" W, 22.37 feet;
Thence along the arc of a curve concave Westerly, having a radius of 20.00 feet, through a central angle
of 22°24'32" (chord bears S 13°45'46" Val, 7.77 feet) a distance of 7.82 feet; to the North line of Lot 31
of said "Hermoso Park";
Thence along the North lines of Lots 30 and 31 of said "Hermoso Park," N 81°54'22" W, 150.17 feet;
Thence along the arc of a non-tangent curve concave Northeasterly, radius point bears N 29°27'42" E,
245.00 feet, through a central angle of 9°16'59" (chord bears N 55°53'48" W, 39.65 feet) a distance of
39.69 feet;
Thence along the arc of a reverse curve concave Southwesterly, having a radius of 305.00 feet, through
a central angle of 5°01'31" (chord bears N 53°46'04" W, 26.74 feet) a distance of 26.75 feet to the
centerline of said SW Beveland Road;
Thence along said centerline, S 81 °54'22" E, 107.28 feet to the point of beginning.
Courses in the above description are derived from a Record of Survey prepared in March 2001 by
Minister-Glaeser Surveying Inc.
Portlndl•2073838.2 W21097-OM Page 1 of 1
Exhibit B DRAFT
Legal Description
of Real Property Owned by
Louie A. Stober and Jessie L. Stober
Parcel 1
Lot 16, HERMOSA PARK, in the City of Tigard, County of Washington, and State of Oregon.
Parcel 2
A portion of vacated SW Beveland Road as platted in HERMOSA PARK, a subdivision filed in
Washington County Plat Records, situated in the NE 1/4 of Section 1, Township 2 South, Range 1 West
of the Willamette Meridian, City of Tigard, Washington County, Oregon, being more particularly
described as follows:
Commencing at the SW corner of Lot 15 of HERMOSA PARK; thence perpendicular with the
north right-of-way line of vacated SW Beveland Road, South 8°05'38" West 30 feet to the centerline of
vacated SW Beveland Road; thence North 81 °54'22" West 107.28 feet along said centerline; thence North
8°05'38" East 28.71 feet to the SW corner of Lot 16 of HERMOSA PARK; thence easterly along the
South boundary line of Lot 16 to the SW corner of Lot 15 which is the terminus of this legal description.
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Pontndl•2073838.2 0021097.00006 Page t of 2
Exhibit C DKAFT.
Ingress & Egress Easemant to Stober .
Legal Description
A portion of vacated SW Beveland Road situated In the NE 1/4 of Section 1, T:2S., RIM,
W.M., City of Tigard, Washington County, Oregon, being more particularly described as follows:
Commencing at the Southwest comer of Lot 15 of "Hermoso Par)e,' a subdivision filed in
Washington County Piat'Records;
Thence perpendicular with the North right of way of said vacated SW Beveland Road,
S 8°05'38^ W, 30.00 feet to the TRUE POINT OF BEGINNING;
Thence'continuing S 8°05'38°W, 3.00 feet;
Thence parallel with the centerline of said vacated SW Beveland Road, N 81°54'22" W, 55.24
feet;
Thence S 65°52'33" W, 25.47 feet;
Thence along the arc of a non-tangent curve concave Northeasterly, radius, point bears
N 36°52'26" E, 245.00 feet, through a central angle of 1°52'15" (chord bears N 52°1't'26' W,
8.00 feet) a distance of 8.00 feet;
Thence along the arc of a reverse curve concave Southwesterly, having a radius of 305.00 feet,
through a central angle of 5°01'31' (chord bears N 53°46'04" W, 26.74 feet) a distance of 26.75
feet to the centerline of said vacated SW Beveland Road;
Thence along said centerline, S 81'54'22° E, 107.28 feet to the point.of beginning.
Courses in the above description are derived from a Record of Survey prepared in March 2001
by Minister Glaeser Surveying Inc.
FdEGl E' REM
PROF'ES91•01 DIAL
LAND SURVEY®R
OREGON
KEMNEM 0. GRIFFIN
214
Sc.c►~mi*_Q
Exhibit D F/lc~M le-
L 0 T 1 6
2S101A801604 L O T 1 5
STOBER LOUIE A f
JESSIE L ZS701AS07900
W 17MORN LLC
1 40'
HERMOSO PARK 1
SW COR LOT 15
/ OHERMOSO PARK"
/N6A+~ ESS 3 46'
S 81 4. ,
C3 10228•, 1' h
~ r 25,¢]• i ~ 700,72' a
a S es52 J3' W 200'
N 8154'22' N
ly N
150.f~•
7,870 SF Cl 5yp of
f
2.168°
T-0 N B63" 2'1
25101A802706
EAGLE HARDWARE
GARDEN INC. w
2SIDIABO2707 N
LOT 30 EAME
& HARDWARE
Cc
CARDENAG.
2
L o t 3 1
1140. RADIUS DELTA LENGTH .CHORD BEARING CHORD
Cl 20, 00' 22' 24' 32' Z 82' S13' 4S' 46 W 7.77-1 IR01V ROD IN
C2 245 00' 9'16'591 39. 69' N55* 53' 48' w 39, 65' MON. BOX
C3 305, 00' 5101,31' 26, 75' N53' 46'04'v M741 445+00
C4 20, O0' 68.29' 4P' 2291, SS9' 12' S3' W 2E 51'
C6 245, 00' 25'59'58' 111, 18' N73'32' 17'w 114 ge,
C6 27~ 00' 35 16' 57' 169 34' N68' 53'47- W 1156,69'
C7 245 OD' 1'52' 15' a DO' N:2.11'P6'W 00' f
11111 111mmull all
AGENDA ITEM #
FOR AGENDA OF 8.28.01
CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUMMARY
ISSUE/AGENDA TITLE Consideration of a Resolution adopting the Final Order approving the Blue Heron
Park Subdivision SUB2001-00001 PDR2001-00001 ZON2001-00002 SLR2001-00003 VAR2001-00002 .
PREPARED BY Dick Bewersdorff DEPT HEAD OK ITY MGR OK
ISSUE BEFORE THE OUNCIL
Should the City Council adopt the attached Resolution, Final Order and Findings approving the Blue Heron Park
Subdivision?
STAFF RECOMMENDATION
Adopt the attached Resolution, Findings and Final Order.
INFORMATION SUMMARY
On June 11, 2001 the Tigard Planning Commission held a public hearing to consider an application for an 18-lot
subdivision and planned development on 4.15 acres of land. The property is located at 12450 SW Walnut Street,
opposite the intersection of 124' Avenue and Walnut Street. The development proposal is for attached, single
family homes on individual lots. The Planning Commission denied the application, based on the finding that the
development would adversely affect the welfare of the City.
The applicants filed an appeal on June 22, 2001 of the Planning Commission's decision, based on the assertion that
the Planning Commission failed to: explain the criteria and standards considered relevant to the decision, state the
facts relied upon in rendering the decision, and explain the justification for the decision based on the criteria,
standards, and facts set forth. Staff reviewed the applicable decision criteria and found there is no criterion
regarding the effect of development on the welfare of the City. The City Council opened the public hearing on the
project on July 24, 2001. The City Council continued the hearing to August 14, 2001 to allow the applicant to meet
all notice and posting requirements. On August 14, 2001, the City Council resumed the public hearing, heard
testimony and voted to approve the project, subject to revised findings and four additional conditions. The four
conditions address fencing adjacent dwelling units, the planting of two inch caliper trees in setbacks, establishment
of an escrow account to cover damage to retained trees over 12 inches in caliper, and study of the need for a painted
crosswalk at the intersection of 124t'' Ave. and the private street. The attached Resolution includes the findings and
i additional conditions, as well as, adopts the staff report and conditions and the public record on the project.
OTHER ALTERNATIVES CONSIDERED
1. Revise the findings or conditions.
3
a VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY
N/A
ATTACHMENT LIST
1. Resolution/FinalOrder.
2. Staff Report/Planning Commission Final Order No. 2001-02 PC
3. Draft minutes of the August 14`h City Council meeting.
FISCAL NOTES
N/A
1:\curpln\kevin\subdivision\131ue Heron AIS 8-28-Ol.doc
1
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Attachment 1
`fY)i5 ~S G(C( S
CITY OF TIGARD, OREGON
RESOLUTION NO.01- L
A RESOLUTION ADOPTING THE FINAL ORDER APPROVING A SUBDIVISION, PLANNED
DEVELOPMENT, ZONE CHANGE, SENSITIVE LANDS REVIEW, AND VARIANCE (BLUE
HERON PARK SUBDIVISION - SUB2001-00001/PDR2001-00001/ZON2001-00002/SLR2001-
00003NAR2001-00002).
WHEREAS, the Planning Commission reviewed this case at its meeting of June 11, 2001; and
WHEREAS, the Planning Commission denied the application (Planning Commission Final Order No.
2001-02 PC); and
WHEREAS, the applicants submitted an appeal of the Planning Commission's denial of the application on
June 22, 2001, and
WHEREAS, a new public hearing with new testimony was provided on July 24, 2001 and continued to
August 14, 2001; and
WHEREAS, the City Council determined that the Planning Commission final order failed to explain the
criteria and standards considered relevant to the decision, state the facts relied upon in rendering a decision,
and explain the justification for the decision based on the criteria, standards, and facts set forth, as required
in Section 18.390.050.E of the Tigard Development Code, and
WHEREAS, the City Council reviewed the staff report and found that the proposed development would be
in compliance with all applicable decision criteria, as conditioned in the staff report plus four additional
conditions addressing privacy, tree retention, and traffic safety;
WHEREAS, the City Council found that the applicant proposed and was given a density bonus for
preservation of canopy coverage and trees. The trees and canopy to be retained were a major attribute of
the natural and physical environment of the site (code section 18.350.100.B.3.a) and that the trees were
proposed to be preserved by the applicant and it is, therefore, necessary to ensure that the trees retained on
the project and on adjacent properties are not damaged by project or home construction, and;
WHEREAS, the City Council found that given the site's location, density with respect to clustered units,
and nearness to other adjacent homes, that privacy for existing and future residents to help retain
compatibility between uses needs to be assured to decrease noise, provide visual barriers, privacy and
reduce the opportunity for trespass (code section 18.350.100.13.3.b.), and;
WHEREAS, the City Council found that existing and future traffic on Walnut Street, as well as the street
configuration with Walnut Street, 124' Avenue, and the project's private street, and the lack of full
improvements on Walnut Street all create potential safety hazards for pedestrians (code section
18.810.030.A.5.b and E. Lb and d);
RESOLUTION NO. 01- BLUE HERON PARK SUBDIVISION
Page 1 of 2 I:\CURPLN\Kcvin\Subdivision\Bluc Hcron 8-28-01 res..dot
Attachment 1
NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council that:
SECTION 1: The Tigard City Council hereby approves SUB2001-000OI/PDR2001-00001/ZON2001-
00002/SLR2001-00003NAR2001-00002 - BLUE HERON PARK SUBDIVISION,
based on the information provided in the public record and subject to the conditions of
approval in the Planning Commission's Final Order No. 2001-02 PC, and the addition of
four additional conditions as follows:
1. The site shall be fenced with "good neighbor fencing" as proposed by the applicant
on the north, west and south sides of the development adjacent to all existing
dwelling units.
2. All trees to be planted in the setback areas must be a minimum of two caliper inches.
3. Prior to any construction activity on site, the applicant shall establish an escrow
account in the favor of the City of Tigard in an amount established by the City's
Urban Forester to cover the value of all 12 inch or greater trees to be retained on site,
as well as, trees of 12 inches or greater immediately adjacent to the project site. Said
account will be made available to the City of Tigard for any damage caused to the
aforementioned trees during the construction of streets, sidewalk and utility
improvements on site, as well as, all dwelling units. No portions of the account will
be returned to the developer until all construction has been completed and the City
Urban Forester has conducted a final inspection and deducted value of any damage.
4. Prior to construction, the applicant's traffic engineer shall submit for City Engineer
review and approval, a study that will address whether or not a painted crosswalk
will be warranted across SW Walnut Street at the intersection of SW 124th Avenue
and the new private street. The study shall reference the Manual on Uniform Traffic
Control Devices (MUTCD). If a painted crosswalk is warranted, the applicant shall
provide the crosswalk and signage as a part of the construction of their development.
SECTION 2: The Final Order approved by the City Council is hereby made a part of the permanent
record.
PASSED: This day of 2001.
Mayor - City of Tigard
ATTEST:
City Recorder - City of Tigard
RESOLUTION NO. 01- BLUE HERON PARK SUBDIVISION
Page 2 of 2 1:\CURPLN\Kevin\Subdivision\Blue Heron 8-28-01 res-dot
MEM0Re N D U M
TO: Honorable Mayor & City Council
FROM: Cathy Wheatley, City Recorder 04~1~
RE: Agenda Item No. 9 - Blue Heron Final Order
DATE: August 20, 2001
f am preparing a draft set of minutes for the portion of the August 14, 2001, City Council
meeting for the Blue Heron Appeal Public Hearing. These draft minutes will be
forwarded to the City Council in the August 24, 2001, newsletter.
I: ADM\CATHY\000NCIL\MEMO - BLUE HERON HEARING.DOC
Item No.
For Council Newsletter dated ® UI
Draft Council Meeting Minutes Agenda Item No. 5 (August 14, 2001):
5. CONTINUATION OF QUASI-JUDICIAL PUBLIC HEARING - CONSIDER THE
APPEAL OF THE BLUE HERON PARK SUBDIVISION (SUB 2001-00001, PDR
2001-00001, ZON 2001-0002, SLR 2001-00003, VAR 2001-00002)
ITEM ON APPEAL: On June 11, 2001, the Planning Commission denied a
request for approval of an 18-lot subdivision on 4.15 acres. The lots are to be
developed with attached single-family homes. Lot sizes within the development
average just over 3,800 square feet. Development is to be clustered on the west
side of the development site, allowing for the preservation and enhancement of the
pond, wetland, and stream area on the eastern portion of the property. A sensitive
lands review is required for the development due to the presence of steep slopes, a
wetland, and a natural drainageway on the site. On June 22, 2001 an appeal was
filed regarding the Planning Commission's denial of the project. LOCATION:
12450 SW Walnut Street; WCTM 2S 103BC, Tax Lot 3900. The project site is
located on the south side of SW Walnut Street, opposite of SW 124' Avenue and
west of SW 1211 Avenue. ZONE: R-4.5: Low-Density Residential District. The R-
4.5 zoning district is designed to accommodate detached single-family homes with
or without accessory residential units at a minimum lot size of 7,500 square feet.
Duplexes and attached single-family units are permitted conditionally. Some civic
and institutional uses are also permitted conditionally. REVIEW CRITERIA BEING
APPEALED: Community Development Code Chapter 18.390.
a. Mayor Grififth continued the public hearing from July 24, 2001.
b. Declarations or Challenges - The Mayor read the following.
Do any members of Council wish to report any ex parte contact or
information gained outside the hearing, including any site visits?
Have all members familiarized themselves with the application?
Are there any challenges from the audience pertaining to the Council's
jurisdiction to hear this matter or is there a challenge on the
participation of any member of the Council?
Councilor Dirksen advised that he works with Planning Commissioner Glenn
Mores and they had discussed this item would be reviewed by the City Council
on appeal. Councilor Dirksen advised that his discussion with Commissioner
Mores will not prejudice his decision on this item.
Councilor Scheckia noted that he has visited the site and walked along the
property.
C. Staff Report: Community Development Planning Manager Dick Bewersdorff
reviewed the staff report, which is file with the City Recorder. During the staff
Draft Council Meeting Minutes - Agenda Item No. 5 (August 14, 200 1 ) - Page 1
report questions were asked by Councilor Scheckla with regard to who
determines the tree removal. Mr. Bewersdorff advised that each developer Is
asked to prepare a plan. Councilor Scheckla cautioned that where there Is
removal of trees, that the plan be conservative. Mr. Bewersdorff said that staff
reviews and approves tree removal plans.
d. Public Testimony:
Applicant's Presentation
• Introduced were Al Jeck, Urban Development Corporation, 9600 SW
Oak Street, Suite 230, Portland, Oregon, 97223, serving as representative
for the applicant the Blue Heron Park proposal. Also introduced were
development team members: Matt Sprague, Project Engineer from Alpha
Engineering, 9600 SW Oak Street, Suite 230, Portland, Oregon 972223
and Wetlands Biologist Martin Shott, Shott 8F Associates, 11977 S. Toliver
Road, Molalla, Oregon 97038.
Mr. Jeck advised that this proposed project by the applicant meets or
exceeds Code requirements. He said he did not think this project would
adversely affect the neighbors and he understands the concerns of the
neighbors. He added that the applicant wants to be responsive to the
neighbors' concerns.
Mr. Matt Sprague gave the presentation with regard to the scope of the
project. He described the design of the 18 units and identified wetland
areas. Each unit will be 1700-2000 square and 30-feet wide. He
reviewed the plan to preserve trees. The area is to be landscaped and he
noted the hammerhead street design. He also noted the location of the
pedestrian pathway. Mr. Sprague advised that there are additional buffers
on the site boundaries than what is required for a planned development.
Mr. Sprague reviewed the project issues on a PowerPoint slide presentation.
A copy of this presentation is on fiie with the City Recorder. Mr. Sprague
said the staff report was good.
The PowerPoint presentation outlined the vicinity plan, the existing
conditions plan, and the site plan. Project Issues were listed, including the
following:
Strong staff recommendation
Very few Issues of concern In staff report
3 of 7 Commissioners voted In favor of the development
Draft Council Meeting Minutes - Agenda Item No. 5 (August 14, 2001) Page 2
--IMMN NEIMI =J
No specific criteria were identified for denial
Project provides many important benefits to the City
Specific neighborhood concerns
Mr. Sprague's review of benefits were listed as follows:
- Enhancement of degraded wetlands and buffer area.
- Innovative water quality and detention facility.
- Preservation of large trees and tree canopy.
- Design minimizes impact on sensitive natural areas.
- Attractive streetscape and entry design.
- Enhanced architectural features and construction materials.
- Provides utility easement for the City.
The tree preservation plans were reviewed. It was noted that this was not
just a wetland enhancement, but also addressed the riparian corridor and
upland species. Mr. Sprague emphasized that 61 % of the trees are saved
on the developable land. He described the density bonus allowed by Code
was 1 % of every 2% of canopy preserved, up to a maximum of 20%.
Mr. Sprague also noted that all developable land is not being developed on
this property (see land type comparisons slides on the PowerPoint
presentation).
In response to a question from Councilor Dirksen, Mr. Sprague advised that
the trees planted for screening purposes are small, one- to two-year old
trees.
Councilor noted the screening issue (privacy) expressed by the neighbors
and commented that some buildings will not be screened.
Streetscape was reviewed by Mr. Sprague who noted that there was a
driveway around a tree island. These trees appear to be in good condition.
Mr. Sprague reviewed the architectural features for the building structures.
This includes covered front porches with decorative posts and arbors, front
gables that break up the building mass, distinctive materials and building
treatments. The materials reflect harmony with the natural surroundings.
Mr. Sprague noted that a utility easement would be designated to
accommodate sewer services to nearby properties. Development Review
Engineer Rager confirmed to Councilor Dirksen that there is a need for the
easement for future sewer connections.
Mr. Sprague reviewed the neighborhood concerns with regard to:
Draft Council Meeting Minutes - Agenda Item No. 5 (August 14, 2001) - Page 3
Traffic - with the Improvements to Walnut Street, there is an
additional traffic light at 121 1 Avenue and Gaarde Street, which will
provide for more breaks in traffic for vehicles to enter and exit off
the site. Councilor Scheckla asked the possibility of requiring a
right-turn only from the site. Mr. Rager said he would not
recommend a right-turn only noting that the predominant
movement will be to the east and the volumes would not warrant
such a restriction.
It was noted that there would be a sign to the east of the site,
warning of the new access at 1241.
Noise - Mr. Sprague noted that the gate was removed from the
plans. Another noise mitigation factor was that there would be a
good-neighbor fence built along some of the property; this will also
provide additional privacy.
Parking - There will be a sldewall on one side of the street. Each
home will have two-car garage, with two parking spaces in front,
which meets Code requirements.
Tree Removal - The applicant will retain as many trees as possible.
There will be an arborist on site, so the impact to trees will be
minimized.
Pond Maintenance - Maintenance has been addressed by designing
a pond that will require low or now maintenance.
Density Issues - Detailed information was outlined in the PowerPoint
presentation (see Pages 10 and 1 l of the presentation on file with
the City Recorder).
Consistency with surrounding development - Mr. Sprague said the
proposed development is consistent with surrounding housing types
and showed several slides of the variety of existing housing in the
area. The price range of the homes in the new development will be
$180,000 - 220,000.
Privacy - Mr. Sprague noted that the Code provisions have been
made and additional steps have been taken. He said they were
preserving as many trees along the boundary as possible. He
referred to the increased side-yard setbacks for additional buffer in
some locations.
Councilor Patton questioned whether the applicant had considered fencing
other lots than what was proposed. Mr. Sprague said they had discussed
fencing, but were unclear as to what issues the neighbors still needed to
have addressed.
Draft Council Meeting Minutes - Agenda Item No. 5 (August 14, 2001) - Page 4
In response to a question from Mayor Griffith, Mr. Sprague advised that
the construction timeline for this project Is not known at this time. He
noted that it Is very close to being too late to construct this year. Mayor
Griffith said that, if the proposal is approved and construction took place
later in the year, then erosion control would be a consideration.
Councilor Dirksen asked for Mr. Sprague to show where the Kessler
property was located. Mr. Sprague indicated the location on a map on
display.
In response to a question from Councilor Moore, Mr. Bewersdorff advised
that this is a Type lI decision. The property could provide for development
of 15 to 16 single family units. Mr. Sprague commented that it would not
be possible to place the maximum number of single family units on this
property because Code requirements could not be met.
Mr. Rager advised that Tualatin Valley Fire 8t Rescue Department has
accepted the proposed plan.
Council Meeting recessed at 8:56 p.m.
Council Meeting reconvened at 9:06 p.m.
Opponents
• Jim Vandehey, 12430 SW Walnut Street, Tigard, OR 97223. Mr.
Vandehey submitted his written comments to the City Council. He
reviewed the history of this property.
A copy of Mr. Vandehey's written testimony is on file with the City
Recorder. His issues concern whether or not this property falls under the
requirements for a flag lot. Also of concern to Mr. Vandehey are livability
issues and the harmful effect to the value of adjacent properties. Mr.
Vandehey expressed concerns with the additional traffic that would be
created with this development, which would also be detrimental to the
livability, property values, and future salability of the properties. He also
reviewed several issues with regard to the fact that there had been an illegal
fill on the property. He objected to small lot sizes and the density transfer
allowed by using wetlands (because the wetland area is not buildable). He
noted that there were more than 50 considerations that needed to be
satisfied on this conditional use application.
Draft Council Meeting Minutes - Agenda Item No. 5 (August 14, 2001) - Page 5
Mayor Griffith asked a question with regard to fill. Mr. Rager responded
that a soils report was done. As the property is developed the report will
be updated If needed along with a geotech report.
o Margie Kessler, 12425 SW Alberta Street, Tigard, Oregon 97223. Ms.
Kessler submitted written comments outlining her testimony, which is on
file with the City Recorder.
Ms. Kessler also referred to a model constructed to illustrate the scale of
the proposed structures and their vicinity to her home. She noted that
because her home Is situated lower on the topography that, essentially, the
new construction would represent three-story structures adjacent to her
property. Ms. Kessler also referred to an aerial-view map. She cited that
some trees were not listed in the tree inventory.
Ms. Kessler advised that she does not believe the proposed design is
compatible with the surrounding property. She questioned the good-
neighbor fence and who would be responsible for maintaining it. She noted
the need for continuous fencing around this property. Ms. Kessler
suggested that the proposal be restricted to 12 units so more trees could be
saved. Ms. Kessler noted she was concerned about damage to her trees
when others were removed.
Ms. Kessler presented summary in her report, which included the following:
She believed the proposed application violates the
Comprehensive Plan by diminishing the quality of life of existing
neighbors and their privacy.
The proposal violates the residential zoning code (18.5 10.0 10)
by not protecting the livability of existing neighborhoods.
- The application violates the Tigard Vision Statement by not
protecting the existing character and livability of an established
area and not preserving and protecting aesthetic qualities valued
by those who live and work In Tigard.
Copies of the photographs shown by Ms. Kessler during her presentation
are on file with the City Recorder.
® Sherry Murphy, 12470 SW Walnut, Tigard, Oregon, 97223. Ms.
Murphy noted her concerns about fir trees on the property that may be
damaged. Ms. Murphy testified that her home is the single-story home
adjacent to the entrance to the proposed Blue Heron development.
Draft Council Meeting Minutes - Agenda Item No. 5 (August 14, 2001) - Page 6
i
She noted It was a concern for her when quality and reason take a back seat
to maximum profit. She said profit was not a bad thing for a property
owner to seek for use of his property unless it causes irreversible negative
concern to existing residents, fowl, wildlife habitat, forestation, nature,
drainage ways.
She cited concern for the three Douglas fir trees that are two feet from the
property line because of the construction traffic that will occur near these
trees. She said that Alpha Engineering believes that additional compacting
around these trees will help save the trees. However, she said because
Douglas fir trees are surface rooted, and compacting would be detrimental.
She was concerned that the trees may no show damage immediately and
questioned could be done if the damage became evident two years later.
She noted that questions on saving trees have been ignored along with
questions about addressing the sidewalk design for her side of the private
street. She also noted concern that the noise issue due to trips in and out
of the development had not been addressed.
Ms. Murphy noted that the trees in the median areas are not surrounded
by asphalt at this time. These trees are underplanted with ferns and hostas.
Ms. Murphy said she purchased her home 12 years ago at this location
because of the treed setting. She objected to the loss of her privacy with
the two-story structures proposed for this development. She noted a
definite need for privacy fencing.
Ms. Murphy advised that the developer's density bonus should be denied
because the request Is based on restricted wetlands and unbuildable areas.
Also reforestation Issues should be addressed to safeguard neighbors'
property. She said the plan should be modified so that it would fit into the
Tigard Vision Statement, which the developer says is not applicable.
The developer should be requested to do an updated street sight-clearance
and volume speed on Walnut Street beginning with the advent of school In
September. The developer should be requested to focus not only on profit
but also on community character of the existing neighborhoods and the
quality of life for those residents. She said the developer could meet
Metro's standards with 12 units instead of 18. The City is not getting
anything of value for additional density while Tigard residents adjacent to
the development will end up "paying the price."
Draft Council Meeting Minutes - Agenda Item No. 5 (August 14, 2001) - Page 7
i
The City sewer is currently on Walnut Street and being utilized by
neighbors. The pond and drainage Is not a public use area and will never
be a park setting or useful for any recreation.
Carla Isaacson, 12520 SW Walnut Street, Tigard, Oregon 97223. Ms.
Isaacson also testified with regard to concerns about removal of trees. She
was concerned about noise generation that would adversely impact the
neighborhood.
• Donna Cameron, 12490 SW Walnut Street, Tigard, Oregon 97223. Ms.
Cameron asked the City Council uphold the Tigard Planning Commission's
decision to deny the application. She noted that she has a letter on file
with the City Council outlining her concerns with the density. Ms.
Cameron that she would have three structures next to her property and
referred to a site map. She expressed concern about protecting the trees
on her property.
In response to a question from Councilor Scheckla, Mr. Bewersdorff noted
that the City was meeting density requirements.
• Julie Rau, 12430 SW Walnut Street, Tigard, Oregon, 97223. Ms. Rau
submitted her written testimony to the City Council. She referred to the
Codes that had been cited in addition to the questionable density and
zoning issues. She also noted unanimous opposition from the neighbors.
She advised that it did not appear that the applicant was concerned about
the impacts to the homeowners. She referred to the gates planned for the
development, which she now understands will be removed; however, she
said she did not understand why the applicant would have thought the gate
would add value to the project.
She noted the close proximity of her home to the entrance/exit to the
development and the amount of traffic that would pass by, which would
affect the value of her home. She cited concern that the purpose of the
project was solely for making as much profit as possible. She advised that
the project would not enhance Tigard.
Ms. Rau referred to her objection to the Alpha Engineering proposal with
regard to crime prevention and the suggestion/assumption that neighbors
would be able to view the property and act as the Neighborhood Watch.
She noted the issues at stake, including loss of privacy, tree removal, and
the integrity of the remaining trees, wildlife, wetlands, traffic, safety, and
noise pollution. She asked that the City Council realize the negative Impact
Draft Council Meeting Minutes - Agenda Item No. 5 (August 14, 2001) - Page 8
to the established homeowners with nothing in return from the applicant
for the losses. Ms. Rau asked the City Council to deny the application.
• Mark Guz, 4753 NE 621 Street, Portland, Oregon. Mr. Guz testified that
he was a friend and associate of people in the neighborhood. He noted
with the development would come pollution from cars and fertilizers and
the impact this would have water quality. Fie also noted concern about loss
of privacy for the neighbors.
• Lee Hartfield, 12500 SW 124' Avenue, Tigard, Oregon 97223. Mr.
Hartfield noted he was concerned for the safety of visitors and children.
He noted that issues with traffic on Walnut (speeding). He also noted that
there was no provision for overflow parking.
Mayor Griffith polled the Council (per Council groundrules) noting the hour of the evening
and whether the City Council wished to continue with the meeting. Consensus of Council
was to proceed.
® Milt Fyre, 12121 SW Landsdowne, Tigard, Oregon 97223. Mr. Fyre
noted his background; he had served on the NPOs for two years and on
the Planning Commission for ten years. He noted that he had lived 34
years in the neighborhood and recommended denial of the application.
Mr. Fyre said the purpose of the Comprehensive Plan was to maintain the
quality of life. He noted the use of wetlands in calculating the density
transfer and issues with the property that included steep slopes, a pond,
and soil conditions. He said there was already a significant wetland
environment present and the proposed enhancement in return for density
transfer should not be considered. He said the proposal represented twice
as many homes that would translate to twice as many vehicle trips In the
area. He contended that the development is not consistent with the
surrounding area. Mr. Fyre urged the City Council to take a hard look at
the trade offered for a sewer easement, which should actually be a
a condition of approval.
i Mr. Fyre said the property should be developed, but not as a Planned
Development. He said single-family housing would be more consistent than
a Planned Development.
In response to a question to a question from Councilor Scheckla, Mr. Fyre
advised that density bonus provisions were initially set up to preserve open
space. He noted that the proposal for density transfer was based on
property that could not be built on regardless.
Draft Council Meeting Minutes - Agenda Item No. 5 (August 14, 2001) - Page 9
l
In response to a question from Councilor Patton where she asked Mr. Fyre
if he disagreed with Planned Developments, Mr. Fyre responded that If the
City would gain open space, then a density transfer was positive. He said
the City does not gain anything in this instance but increased density.
In response to a question from Councilor Scheckla, Mr. Fyre said he had
mixed feelings about the issues of trees. He noted that when trees are
taken down then the existing trees are subject to windthrow.
Rebuttal
Following are the highlights of Mr. Matt Sprague's rebuttal to the above
testimony:
• Mr. Sprague took issue with concerns about whether this was a flag lot.
He noted that it had been determined that this property was appropriate
for a planned development.
• He noted that the tree preservation being proposed for the number units
being proposed is "Incredible."
• He noted that the developer would work to ensure minimal Impact.
• He advised that the City arborlst has not mentioned any negatives with
regard to the proposal. He noted that the Plan had been revised to
reflect the concerns of the City arborist. He advised that the developer
will work diligently with the arborist.
• He referred to the canopy and tree preservation calculations that were
questioned. Exact calculations will not be known until a survey has been
completed. He noted the that tree canopy calculations are only for
trees greater than 12 inches on the applicant's site.
• He noted the applicant was trying to be responsive to the neighbors from
the concerns that were heard at the Planning Commission.
• He said the applicant was willing to provide additional buffering.
• He referred to concerns by Ms. Kessler about trees at the south
boundary line. He noted two trees are considered to be diseased.
• He referred to the south boundary and fencing and said this area was
used by wildlife and that it would make more sense to fence the
backyard.
• He said that fewer units would not mean that fewer trees would need to
be removed.
• He noted private outdoor space was provided behind all of the units.
• He expects that parents would take their children to the nearby park.
Draft Council Meeting Minutes - Agenda Item No. 5 (August 14, 2001) - Page 10
• He noted that their studies did not indicate that this proposal would
impact the value of adjacent properties. The proposal was for "nice,
attached single-family clustered" homes.
• He noted that Ms. Kessler was concerned that headlights would reflect
Into her kitchen window. He said this would not occur.
• He referred to comments about heavy equipment accessing the property
and potential damage to the trees; the arborist had not issued concerns
about this point.
• He shared with the Council a picture of Ms. Kessler's home as viewed
from the applicant's site.
• He noted that the applicant is not only preserving sensitive lands but a
quarter of the property that is being preserved is considered developable
land.
• The applicant is providing open space areas as required by the City.
• He noted that the proposed development would be consistent with the
homes that now exist in the area.
• He reviewed screening proposed for two adjacent properties. He
referred to concerns to the north for additional screening, fencing and
understory plantings.
• He noted that Mr. Fyre stated he had lived in the neighborhood for 34
years, but Mr. Fyre also constructed a development in the area. Alpha
Engineering assisted Mr. Eyre with his development.
• He reviewed the benefits that were offered from the site design.
In response to a question from Mayor Griffith, Mr. Sprague advised that the
homeowner's association would maintain the proposed pond, which would
require infrequent maintenance.
Mr. Sprague noted that a good-neighbor fence would be proposed and
described how this six-foot high wooden fence would be constructed.
In response to a question from Mayor Griffith, Mr. Sprague agreed with Ms.
Kessler that in an area that she cited, the majority of trees would have to be
removed.
Mr. Sprague noted that there will be a biofiltration area where trees will be
planted.
In response to a question from Councilor Patton, Mr. Sprague noted that a
reduction of 18 units to 16 would not make much difference to the impact
to the property.
Draft Council Meeting Minutes - Agenda Item No. 5 (August 14, 2001) - Page 11
i
In response to a question from Councilor Scheckla with regard to allowing
more parking, Mr. Bewersdorff advised that the applicant has met the
parking requirements.
Mr. Bewersdorff reviewed the concerns about whether or not the applicant's
property is a flag lot. He noted that the Planned Development requirements
preclude lot-size requirements.
e. Staff Recommendation: Staff recommended approval of the proposed
application with conditions.
f. Mayor Griffith closed the Public Hearing.
h. Council Consideration:
Councilor Scheckla suggested that deliberation be delayed as he would like time
to review the issues.
Councilor Patton advised that she had reviewed a large amount of information
received previously and she would be comfortable with making a decision at
this time. The Council proceeded with consideration.
Councilor Scheckla noted that in walking the property, he now has different
ideas about the proposal.
Councilor Dirksen advised that he had looked at this application trying to find a
reason to reject the proposal based on provision on the Code, but could not
find any reason. He noted that he was concerned with privacy Issues. He
recommended a condition that all of the property line be fenced on the north,
west and south sides. He noted that he would like to see larger trees
preserved. Councilor Dirksen noted concern about construction activity on
existing trees and referred to a recent project in the City where trees were
damaged due to construction. He recommended that there be a punitive
damage imposed if existing trees are not preserved or he suggested that a bond
of some kind be posted.
H
Councilor Moore noted that the applicant has met the provisions of the Code.
He referred to the arguments presented about quality of life issues but advised
that these types of arguments could be said for any proposed development.
He also noted he knew what it was like to lose privacy of a new development
and acknowledged that privacy will be diminished. He said that if a final
decision was issued based on quality of life criteria, the matter would most
likely go to the Land Use Board of Appeals, which would remand the Issue to
Draft Council Meeting Minutes - Agenda Item No. 5 (August 14, 2001) - Page 12
the City. This would only mean that the development would be delayed. He
said he supported Councilor Dirksen's recommendations and he also supports
reversing the Planning Commission's denial of this development.
In response to a question from Councilor Scheckla whether or not a certified,
independent arborist should be used to review the application, City Attorney
Ramis noted that they could continue the hearing to bring more evidence in to
address. Councilor Moore noted that the applicant supplied information from
a certified arborist and also the City's arborist has looked at the proposal.
Councilor Scheckla expressed concern that the arborist be independent.
Councilor Dirksen noted that the City's forester was stricter and was looking at
the property in an unbiased fashion. Councilor Patton noted that she felt
confident with City Forester Matt Stine's recommendations.
Councilor Patton agreed with Councilor Dirksen with regard to scrutinizing the
Code to determine if the application was in compliance with requirements.
She advised that she agrees with the staff report. She noted that she
sympathizes with the concerns of the neighbors for the loss of privacy. She
advised that she would like to see fencing on all units abutting adjacent
properties. Councilor Patton also noted concerns with safety with regard to
Walnut Street, especially at the entrance/exit of the development. She would
like some investigation as to whether any additional traffic mitigation could be
set as a condition. She agreed that the Planning Commission's denial should be
reversed as the Planned Development proposal meets Code requirements.
With regard to the request for the density bonus, she said that the reduction
from 18 to 16 units does not appear to make a significant difference to the
impacts on the neighbors. Councilor Dirksen noted he agreed with Councilor
Patton on this point.
Mr. Rager advised that the traffic study, which was done on May 8, 2000, at
124' and Walnut indicated that there were no traffic safety issues and nothing
further would be warranted. He advised that the sight distance to the east was
somewhat of a problem (a dip in the road) and the sight distance to the west
was acceptable. He also noted that Washington County will be improving
Walnut Street in the near future. From the period 1996-98, there were four
accidents reported at 1241 and Walnut, which is not considered to be
excessive.
Councilor Dirksen noted his concern about protecting trees due to careless
construction. Councilor Moore commented that some damage done may not
show up for several years.
Mr. 8ewersdorff reviewed the conditions as discussed by Council:
Draft Council Meeting Minutes - Agenda Item No. 5 (August 14, 2001) -.Page 13
t
1. The property is to be fenced behind and next to all dwelling units with
the exception of open areas.
2. Tree plantings in all buffer areas should be done with 2-inch caliper
trees.
3. The developer should be required to put in an escrow account the value
of every 12-inch tree that Is to be retained for the period of
construction. He noted that in other cases this period has been for
seven years. He said the "period of construction" would mean during
the construction of the streets and homes.
In response to a from Councilor Patton with regard to whether trees on
adjacent properties could be included, Mr. Bewersdorff advised that
conditions could be made specific with regard to certain trees.
The escrow account would contain funds for 12-inch trees as
determined by the City forester. The funds would be paid to the City
based on the value of trees lost. There is a methodology used to
determine the value of the trees and the replacement by caliper inches.
It was noted that the escrow account may be a large sum..
With regard to a question from Councilor Scheckla, City Attorney
Ramis noted that Measure 7 is not being enforced at this time, but if
ruled to be a valid limitation on local government, Measure 7 will affect
all decisions, including this one.
With regard to the traffic condition, Councilor Patton reiterated that she would
like to see some signage or additional ways to indicate that caution is needed
for the intersection. She noted that there will be a private drive plus a sidewalk
to a major collector and she would like drivers to be able to anticipate that
there may be people crossing the road. Mr. Rager acknowledged that this
situation is similar to other intersections although one of the legs happens to be
a private street. There is a possibility that the applicant could be required to
stripe a crosswalk. After discussion, it was determined that Mr. Rager would
review the Manual on Uniform Traffic Control Devices to determine what
safety measures could be required (such as striping a crosswalk or signage).
Councilor Moore indicated that these traffic conditions may be temporary
solutions because the County planned improvements on Walnut Street within
the next 12-18 months. Councilor Patton noted that she did not think this
Draft Council Meeting Minutes - Agenda Item No. 5 (August 14, 2001) - Page 14
/
would be a temporary solution for entering and exiting 124' Avenue at this
location. Councilor Patton said she would be comfortable In delegating to staff
the task of writing the proposed recommendation for Council review.
Councilor Moore noted his concern about the amount of dollars that may be
required for the escrow accounts for the trees. City Attorney Ramis noted that
if the amount is not workable, then the applicant could seek an amendment to
this condition through a hearing process.
Motion by Councilor Dirksen, seconded by Councilor Moore, to overturn the
Planning Commission's denial dependant upon the conditions discussed tonight
including additional fencing, increasing requirements of the tree size for new
trees, the traffic issue to be reviewed by the City Engineer, and the escrow
account for tree damage. The specifics of these conditions are to be defined
by staff and then considered by the City Council.
The motion was approved by majority vote (4-1) of City Council present:
Mayor Griffith - Yes
Councilor Dirksen - Yes
Councilor Moore - Yes
Councilor Patton - Yes
Councilor Scheckla - No
Draft Council Meeting Minutes - Agenda Item No. 5 (August 14, 2001) - Page 15
Page 1 of 2
Thanks, Al; I think the points you make are reasonable. There only seems to be a few issues. One is that we are
not sure that a bond works for us. If there are problems with tree damage, we will want easy access to the
money. Bonds cant' too much administrative costs for us to effectively utilize. I will forward this to Jim.
Ultimately the Council will have to decide what they want. I am not sure that 5% will be acceptable to them. You
may want to estimate the value of the trees and be able to compare that to the 5% of the undeveloped lots. It
doesnot appear that that figure would provide a reasonable guarantee for the value of trees. Also note that we
have found a number of problems with the builders especially because they have not been accountable in past
practice. That is when the damage occurs beyond the what occurs when the subdivision is constructed. Any
construction on the site, whether streets, waterlines, etc as well as home construction needs to be accountable to
any tree damage. Finally, we will be looking for a guarantee that limits are administrative costs. Just like the
administration of bonds, the costs of dealing with third party assessments, and ironing out difficults adds to the
administrative costs and time that we are not interested in being involved with. I believe the City Council will be
looking at this project with the viewpoint that your proposal is based on saving the trees and the costs should be
the developments. y®.-}...-
Dick Bewersdorff dick _ci.tigard z/ 7~ &Z
AI Jeck <amj@alpha-eng.com> 08/27/01 04:13PM
Dick,
Matt Sprague has kept me up to date on your Email correspondence regarding the tree escrow and other
conditions of approval. I would like to discuss these issues with you later today or tomorrow, either by phone or a
brief meeting. Here's my take on the issues as discussed so far:
1 Individual tree appraisal It appears that the trunk evaluation method from the Guide for Plant Appraisal is
a generally accepted standard for assessing the value of full or partial tree damage. As explained to me, the
method encompasses the condition, location, and extent of damage by species. Our only concern would be to
assure objectivity in applying the methodology to inspections and appraisal. If a dispute were to occur, we would
suggest bringing in a qualified 3rd-party appraiser to review the valuation. Let's discuss. Also, if a penalty were
assessed, would the funds be used to re-plant the property?
2 Escrow versus bond or other surety We would like to have some flexibility in how the security account is
structured. Depending on the total amount required, a fully funded escrow account may pose an unworkable
cash burden on the project. Bonds are commonly used instruments in similar "performance" situations-a bond
would seem appropriate here. Other options would be a bank letter of credit, or set-aside account as part of the
construction loan. We ask for some flexibility, as long as the city's ability to collect the funds (if required) is not
compromised.
3 Total amount of escrow/bond We are working on an estimate of the number and size of trees affected
where construction would occur within the drip line. We can evaluate this together when finished. At maximum,
we feel that a reasonable escrow amount would not exceed five percent of the value of the undeveloped lots.
4 Transferability of escrow/bond It is our intention to sell the lots to a home builder. Transferability of the
escrow or bond to the builder will be an issue for us. Does this create any particular problem for the City?
Our recommendation for rewording the four points in the resolution going to the Council (changes in bold):
1 The development portion of the site shall be fenced with "good neighbor fencing" as proposed by
the applicant on the north, west and south sides of the development adjacent to all existing dwelling units.
2 All trees to be planted in the setback areas adjacent to the site boundary must be a minimum of
two caliper inches.
3 Prior to any construction activity on site, the applicant shall establish an escrow account or other
appropriate surety (i.e., bond) in the favor of the City of Tigard in a reasonable amount to be
established by the City's Urban Forester, but not to exceed five percent (5%) of the value of the
file://C:\WINDOWS\TEMP\GW } 00009.HTM 8/27/01
AGENDA ITEM No. 10 Date: August 28, 2001
PUBLIC HEARING
(LEGISLATIVE)
TESTIMONY
SIGN-UP SHEETS
Please sign on the following page(s) if you wish to testify before City Council on:
CONSIDER A ZONE ORDINANCE
AMENDMENT TO EXEMPT CERTAIN
EXISTING BUILDINGS ABUTTING MAIN
STREET FROM ADDITIONAL OFF-STREET
PARKING IN CERTAIN CIRCUMSTANCES
(ZOA2000-00004), AMENDING CHAPTER
15.705 OF THE TIGARD COMMUNITY
DEVELOPMENT CODE
Due to Time Constraints
City Council May Impose
A Time Limit on Testimony
I:\NDM\GREER\CCSIGNUP\PH TESTIMONY LEG.DOC
AGENDA ITEM No. 10
PLEASE PRINT
Proponent - S eakin In Favor Opponent - (Speaking A ai t Neutral
Name, Address & Phone No. N e, Address & Pho o. Name, Address & Phone No.
, S 920
+~3^Gr.~^ 3[ t~
Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No.
Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No.
Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No.
Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No.
Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No.
AGENDA ITEM #
FOR AGENDA OF August 28, 2001
CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUMMARY
ISSUE/AGENDA TITLE: A Zoning- Ordinance Amendment (ZOA2000-00004) to allow existing- -buildings
directly abutting SW Main Street to be exempt from having to add additional off-street narking for a change of use
except for entertainment uses and construction of new buildings
PREPARED BY: Beth St. Amand DEPT HEAD OK TY MGR OK
ISSUE BEFORE THE COUNCIL
Should the City Council adopt the attached ordinance to allow existing buildings directly abutting SW Main
Street to be exempt from having to add additional off-street parking for a change of use and new construction to
replace existing square footage? However, construction of new buildings and entertainment uses abutting SW
Main Street will be required to meet the off-street parking standards according to Table 18.765.2 of the Tigard
Community Development Code.
STAFF RECOMMENDATION
Adopt the attached ordinance to amend the Tigard Community Development Code.
INFORMATION SUMMARY
Through discussions with the Tigard Central Business District Association, the City of Tigard has been asked to
come up with a solution to the limited parking of the downtown area. City staff drafted a Zone Ordinance
Amendment to allow existing buildings abutting Main Street to be exempt from additional off-street parking for
a change of use except for entertainment uses and construction of new buildings. The Tigard Central Business
District Association reviewed the amendment and gave their approval.
At the November 6, 2000, Planning Commission meeting, the Commissioners held a public hearing on the
requested Zone Ordinance Amendment. After the close of the hearing, the Commission deliberated and voted
to recommend approval to the City Council with the parking amendment also applying to new buildings or
existing buildings that undergo remodeling provided the original square footage of the buildings remain the
same.
With the passage of Measure 7, staff delayed sending this forward to Council for the second public hearing until
the City Attorneys advised us to proceed. Notice of the August 28`h public hearing was mailed to the required
property owners on August 1, 2001.
OTHER ALTERNATIVES CONSIDERED
Not applicable.
VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY
Community Character and Quality of Life, Downtown #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 future of
the central downtown area.
ATTACHMENT LIST
1. Proposed Ordinance
2. Exhibit A - Proposed Revisions to Table 18.765.2.
3. Exhibit B - Map of Affected Properties
4. Exhibit C - Planning Commission Meeting Minutes, Nov. 6, 2000
5. Exhibit D - Staff Report to the Planning Commission
FISCAL NOTES
No budgetary impact.
i:Vrpln\beth\parking amendment\zoa200o-0004.sum
EXHIBIT C
Excerpt -11/16/00 Planning
Commission Minutes
4. APPROVE MEETING MINUTES
Commissioner Padgett moved and Commissioner Anderson secondea the motion
to approve the October 2, 2000, meeting minutes as submitted. A voice vote was
taken and the motion passed by a vote of 5-0. Commissioner Incalcaterra arrived
after the vote was taken.
5. PUBLIC HEARING
5.1 ZONE ORDINANCE AMENDMENT (ZOA) 2000-00004 DOWNTOWN
PARKING CODE AMENDMENT
The City of Tigard is requesting approval of a Zone Ordinance Amendment to
allow existing buildings directly abutting Main Street to be exempt from having
to add additional off-street parking for a change of use. However, construction
of new buildings abutting Main Street will be required to meet the off-street
parking standards according to Table 18.765.2 (Minimum and Maximum
Required Off-Street Vehicle and Bicycle Parking Requirements) in the Tigard
Community Development Code. LOCATION: All properties abutting SW Main
Street. ZONE: CBD Central Business District. The CBD zoning district is
designed to provide a concentrated central business district, centered on the
City's historic downtown, including a mix of civic retail and office uses. Single-
family attached housing, at a maximum density of 12 units/net acre, equivalent
to the R-40 zoning district, are permitted outright. A wide range of uses,
including but not limited to adult entertainment, utilities, facilities with drive-up
windows, medical centers, major event entertainment and gasoline stations, are
permitted conditionally. APPLICABLE REVIEW CRITERIA: Statewide
Planning Goals 1, 2, 5 and 9; Comprehensive Plan Policies 1.1.1, 2.1.1, 2.1.2,
2.1.3 and 5.3; and Community Development Code Chapters 18.380, 18.390
and 18.765.
STAFF REPORT
Matt Scheidegger presented the staff report on behalf of the City. He explained
that the amendment would allow all existing buildings on Main Street to be exempt
from having to meet the off-street parking standards for a change of use. New
construction, change of use to entertainment purposes, or the addition of new
square footage to an existing building would have to meet the parking standards.
Dick Bewersdorff noted that these standards are common in other cities. The
purpose of this amendment is to maintain and improve the viability of the historic
downtown area.
Commissioner Incalcaterra asked if this exemption would apply even if a new
business in an existing building attracts more cars than the previous business. Mr.
Scheidegger said that is correct unless the new business is for entertainment use.
Jim Hendryx presented a brief background for this amendment. The City has made
at least two attempts for revitalizing the downtown area over the last 15 years, both
PLANNING COMMISSION MEETING MINUTES - November 6, 2000 - Page 2
of which failed. About two years ago the Tigard Central Business District
Association was formed. An action plan was adopted and a resource team was
brought in to develop a vision plan for the improvement and success of the
downtown area. The association recently hired a part time manager. One of the
key aspects for the next 18 months is to look at funding sources. The association
has contracted with the Oregon Downtown Development Association to look at a
funding mechanism to maintain the association, to continue to finance the part time
manager, and to work on promotional activities and other issues. Since there is a
lack of developable land in the downtown area, this amendment will encourage new
businesses to occupy existing buildings.
Commissioner Anderson asked about shared parking arrangements for businesses
that operate during different hours. Mr. Hendryx said that is allowed by the code. A
parking management plan will be developed later to address issues such as this.
Commissioner Topp asked if a new building would be exempt if it replaces an old
building of the same square footage. It was clarified that all new buildings will have
to meet parking requirements.
PUBLIC TESTIMONY - IN FAVOR
Mike Marr, 12420 SW Main Street, Tigard, Oregon, stated that parking is very
important for businesses in the downtown area. His building covers the entire
property and there is no spare land for parking. He feels that the existing code is
too prohibitive. The biggest problem is during the lunch hour. He is supportive of
this amendment and the Central Business District Association also supports the
amendment.
PUBLIC TESTIMONY - IN OPPOSITION
Vivian Davis, 10875 SW 89th, Tigard, Oregon, owns a building on Main Street.
Downtown parking is a serious problem. Four parking spaces in front of her
building were taken for use by Greyhound, which parks in that spot for 12 minutes,
12 times a day. This has caused numerous problems, including the impairment of
visibility when exiting the parking lot. For more than a year the City has promised to
move Greyhound, but has not done so. Ms. Davis was advised that this issue has
been addressed by the City Engineer and the bus stop was moved across the
street to the south side about a month ago. She was unaware that this had
occurred and is unsure if she is opposed to the amendment, she only knows that
parking downtown is a serious problem.
PUBLIC HEARING CLOSED
Commissioner Topp said he is troubled by the rebuilding part of the amendment.
New development is required to comply with the standards, but there will not be
very much new development. Development in the area will mainly consist of
redevelopment of older existing buildings. Requiring compliance for a new building
PLANNING COMMISSION MEETING MINUTES - November 6, 2000 - Page 3
that replaces an older run-down building will be a disincentive to rebuild if additional
parking is required. He agrees that if an existing building adds square footage it
should also add more parking. However, if a new building retains the existing
square footage, then it should be exempt from coming up to current parking
standards.
President Wilson pointed out that there is already a serious disincentive to rebuild
because currently an existing building must comply if the use changes. This
ordinance gives more flexibility in that regard.
Commissioner Padgett noted that an important distinction is that the Central
Business District is a specially designated area of the City, and the City has
recognized that the purpose and intent of this area is different from other general
commercial areas. Because of the unique characteristics and designation of the
area, it is important to clarify that this amendment only applies to the Central
Business District and the same theory does not apply to other commercial areas.
Matt Scheidegger reiterated that this amendment only applies to property abutting
Main Street. A brief discussion followed regarding inclusion of these concerns in
the recommendation for approval.
Commissioner Topp moved to recommend approval to City Council of the
Downtown Parking Code Amendment, Zone Ordinance Amendment (ZOA) 2000-
00004, as evidenced by Table 18.765.2 revised on 11/6/00 to include an
amendment to footnote #5 that existing buildings directly abutting Main Street are
not required to add additional off-street parking for a change of use or for
replacement of the existing square footage except for entertainment uses.
Commissioner Mores seconded the motion. A voice vote was taken and the motion
passed unanimously.
Commissioner Padgett left at 8:10 p.m.
5.2 COMPREHENSIVE PLAN AMENDMENT (CPA) 2000-00001/ZONE
ORDINANCE AMENDMENT (ZOA) 2000-00003 CODE AMENDMENT
INCORPORATING USA'S NEW WATER QUALITY DESIGN STANDARDS
The City of Tigard is proposing a Comprehensive Plan Amendment to Volume
II in order to recognize Unified Sewerage Agency's (USA) role in managing
water quality and to provide additional evidence of Metro Title 3 compliance. A
Zone Ordinance Amendment is requested with respect to Community
Development Code (Title 18), Chapters 18.370, 18.775 and 18.797, in order to
incorporate new USA Design and Construction Standards governing
development near streams, wetlands, and springs (collectively called Water
Quality Sensitive Areas). All lesser standards in the Community Development
Code that provide less protection than the USA standards will be deleted and a
requirement will be added that a USA permit be obtained. The USA
regulations have been put into place in response to Metro Stream and Wetland
PLANNING COMMISSION MEETING MINUTES - November 6, 2000 - Page 4
EXHIBIT D
Agenda Item: _ 5.1
Hearing Date: November 6.2000 Time: 7:30 PM
STAFF REPORT-T® THE
PLANNING ZOMMISSl®N . c►>YOFno,~D
' _ ~ Comrrtuni~tDevelopment
FOR THE CITY OF TIGAR®, REGON sii~Offietter~ogimuraty
SECTION I. APPLICATION SUMMARY
CASE NAME: DOWNTOWN PARKING CODE AMENDMENT
CASE NO.: Zone Ordinance Amendment (ZOA) ZOA2000-00004
PROPOSAL: The City of Tigard is requesting approval of a Zone Ordinance
Amendment to allow existing buildings directly abutting SW Main Street to
be exempt from having to add additional off-street parking for a change of
use. However, construction of new buildings abutting Main Street will be
required to meet the off-street parking standards according to Table
18.765.2 (Minimum and Maximum Required Off-Street Vehicle and
Bicycle Parking Requirements) in the Tigard Community Development
Code.
The proposal will amend The Tigard Community Development Code in
Chapter 18.765 (Table 18.765.2).
APPLICANT: City of Tigard OWNER: Same
13125 SW Hall Boulevard
Tigard, OR 97223
ZONE: CBD: Central Business District. The CBD zoning district is designed
to provide a concentrated central business district, centered on the
City's historic downtown, including a mix of civic retail and office uses.
Single-family attached housing, at a maximum density of 12 units/net
acre, equivalent to the R-40 zoning district, are permitted outright. A
wide range of uses, including but not limited to adult entertainment,
utilities, facilities with drive-up windows, medical centers, major event
entertainment and gasoline stations, are permitted conditionally.
LOCATION: All properties abutting SW Main Street.
APPLICABLE
REVIEW
CRITERIA: Statewide Planning Goals 1, 2, 5 and 9; Comprehensive Plan Policies
1.1.1, 2.1.1, 2.1.2, 2.1.3 and 5.3; and Community Development Code
Chapters 18.380, 18.390 and 18.765.
SECTION II. STAFF RECOMMENDATION
Staff recommends ,ahat1he-Planning:,C6rhmission,.forward a recommeiidationito5Ihe City ry
Council to APPROVE the requested Zone Ordinance 'Ameridme'nt
STAFF REPORT TO THE PLANNING COMMISSION 1116/2000 PUBLIC HEARING
20A2000.00004/ DOWNTOWN PARKING CODE AMENDMENT PAGE 1 OF 4
MOEN
SECTION III. BACKGROUND INFORMATION
Thropgh discussions with the Community Development Director, the Tigard Central Business
District Association expressed concerns for parking relative to changes of use. The
Association is concerned that strict parking standards and lack of developable land has
hindered new business from the downtown area. Allowing permitted uses to occupy
pre-existing buildings without having to meet the current parking ratios will encourage new
businesses in the future. However-, new construction will need to meet current parking
standards.
SECTION IV. SUMMARY OF APPLICABLE CRITERIA
Chapter 18.380 states that legislative text amendments shall be undertaken by means
of a Type IV procedure, as governed by Section 18.390.060G.
Chapter 18.390.060G states that the recommendation by the Commission and the
decision by the Council shall be based on consideration of the following factors:
The Statewide Planning Goals and Guidelines adopted under Oregon Revised
Statutes Chapter 197;
Notice was provided to DLCD 45 days prior to the first scheduled public hearing as required.
In addition, the Tigard Development Code and Comprehensive Plan have been
acknowledged by DLCD. The following are the applicable Statewide Planning Goals that are
applicable to this proposal:
Statewide Planning Goal 1 - Citizen Involvement:
This goal outlines the citizen involvement requirement for adoption of Comprehensive
Plans and changes to the Ccmprehensive Plan and implementing documents.
This goal outlines the citizen involvement requirement for adoption of Comprehensive Plans
and changes to the Comprehensive Plan and implementing documents. This goal has been
met by complying with the Tigard Development Code notice requirements set forth in Section
18.390. Notice was mailed to all property owners of property abutting SW Main and notice
was published in the Tigard Times Newspaper prior to the hearing. In addition, this
amendment has been mentioned at CIT meetings and after the hearing before the Planning
Commission, additional notice will be mailed and published prior to the City Council Hearing.
Two Public Hearings are held (one before the Planning Commission and the second before .
the City Council) in which public input is welcome.
Statewide Planning Goal 2 - Land Use Planning:
This goal outlines the land use planning process and policy framework.
This goal outlines the land use planning process and policy framework. The Comprehensive
Plan was acknowledged by DLCD as being consistent with the statewide planning goals.
The Development Code implements the Comprehensive Plan. The Development Code
establishes a process and policies to review changes to the Development Code consistent
with Goal 2. This goal is met because the City applied all relevant Statewide Planning
Goals, City Comprehensive Plan Policies, and Community Development Code requirements
in the review of the proposal.
Statewide Planning Goal 5 - Open Spaces, Scenic and Historic Areas, and Natural
Resources: This goal is to protect natural resources and conserve scenic and historic
areas and open spaces.
This goal outlines government responsibilities to adopt programs that will protect natural
resources and conserve scenic, historic, and open space resources for present and future
generations.
STAFF REPORT TO THE PLANNING COMMISSION 11/6/2000 PUBLIC HEARING
ZOA2000-000041 DOWNTOWN PARKING CODE AMENDMENT PAGE 2 OF 4
• r 1
The City has met this goal by allowing existing buildings on Main street to be exempt from
having to add additional off-street arking for a change of use. Allowing this exemption will
help maintain the present state of the historic "downtown" area without hindering potential
uses otherwise prohibited by off-street parking standards due to lack of developable space.
Any applicable Comprehensive Plan Policies; and
The proposal is consistent with the City's acknowledged Comprehensive Plan and
Development Code based on the following:
Comprehensive Plan Policy 1.1.1.a -General Policies:
This policy states that the City shall ensure that this Comprehensive Plan and all
future legislative changes are consistent with the Statewide Planning Goals adopted
by the Land Conservation and Development Commission, and the regional plan
adopted by the Metropolitan Service District.
This Policy is satisfied as the proposed changes are consistent with Statewide Planning
Goals as indicated above and the change will help to keep the Development Code current
with local needs.
Comprehensive Plan Policy 2.1.1 - Citizen Involvement:
This policy states that the City shall maintain an ongoing citizen involvement program
and shall assure that citizens will be provided an opportunity to be involved in all
phases of the planning process.
This Policy is satisfied, as the Tigard Central Business District Association has reviewed the
proposal and will have a chance to address it at the Public Hearing.
Comprehensive Plan Policy 2.1.2 - Citizen Involvement:
This policy states that the opportunities for citizen involvement provided by the City
shall be appropriate to the scale of the planning effort and shall involve a broad cross-
section of the community.
This Policy is satisfied as the proposal was created entirely by the Tigard Central Business
District Association under the direction of the City. Furthermore, all property owners that
abut SW Main Street have received notice of the public hearing and notice was published in
the Tigard Times and posted in the vicinity.
Comprehensive Plan Policy 2.1.3 - Citizen Involvement:
This policy states that the City shall ensure that information on land use planning
issues is available in an understandable form for all interested parties.
This Policy is satisfied as the staff report was made available more than seven (7) days prior
to the public hearing, including the proposed Code amendments.
Comprehensive Plan Policy 5.3 - Economy:
This policy states that the City shall improve and enhance the portions of the Central
Business District as the focal point for commercial, high density residential, business,
civic and professional activity creating a diversified and economically viable core
area.
This policy is satisfied as the change allows diverse uses to enter the downtown area without
having to meet current off-street parking standards thus not interrupting the fragile balance
between economic sustainability and the environmentally sensitive areas of the downtown
core area.
Any applicable provisions of the City's implementing ordinances.
STAFF REPORT TO THE PLANNING COMMISSION 11/612000 PUBLIC HEARING
ZOA200040004/ DOWNTOWN PARKING CODE AMENDMENT PAGE 3 OF 4
81 IN= I
The only applicable City Development Code standard is Chapter 18.380 which regulates
amendments. The Tigard Development Code Section 18.380.020 outlines the process for
reviewing Development Code Text Amendments. Section 18.390.060.13 establishes
procedures for legislative code changes and is satisfied according to the above findings and
Section 18.765 (Table 18.765.2) where the amendment takes place.
Numerous on-street parking stalls are available to downtown partisans as well as City lots
(i.e. Chamber of Commerce lot). Public transit facilities are in close proximity in order to
increase pedestrian traffic. Therefore, traffic hence the change would not create significant
congestion.
Based on the analysis above, staff finds that the attached Ordinance clarifies responsibilities
and liabilities. It is recommended that the Planning Commission forward the Ordinance to
the City Council with a recommendation for approval.
SECTION V ADDITIONAL CITY STAFF AND OUTSIDE AGENCY COMMENTS
City of Tigard Engineering Department has reviewed the proposal and has no objections
to i{.
City of Ti?02 rd Long Range Planning Division has reviewed the proposal and has no
objections it.
Oregon Department of Land Conservation & Development has reviewed the proposal
and has no objections to it.
City of Tigard Operations Department has reviewed the proposal and has no objections to
it.
City of Tigard Police Department has reviewed the proposal and has no objections to it.
October 24, 2000
PREPA D Y: athew Sc e r DATE
Assistant Plan er
0 -0) 0 October 24. 2000
PR VED BY: Richard Be rsdorff DATE
Planning M pager
is\curplnlmathew\zoa2000-00004 staff report.doc
STAFF REPORT TO THE PLANNING COMMISSION 11/6!2000 PUBLIC HEARING
ZOA2000-000041 DOWNTOWN PARKING CODE AMENDMENT PAGE 4 OF 4
~J V
~ a
(10- n
-1
AGENDA ITEM # I
FOR AGENDA OF 08/28/01
CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUMMARY
ISSUE/AGENDA TITLE TMC - Permit Issuance Conditions (oversize loads)
PREPARED BY: Ronald D. Goodl2aster DEPT HEAD OK CITY MGR OK
ISSUE BEFORE THE COUNCIL
Should TMC 10.050 be amended to read that "no move shall begin before 9:00 AM on weekdays and must be
completed by 3:00 PM."
STAFF RECOMMENDATION
Staff recommends that the change to the ordinance be approved.
INFORMATION SUMMARY
Currently the ordinance states that no move shall take place during the periods of 7:00 AM through 9:00 AM
without approval of the Chief of Police. The recommendation is that the language be changed to specifically
state that no move shall begin before 9:00 AM on weekdays and must be completed by 3:00 PM. The part
missing primarily is the completion time of 3:00 PM. This is just before the busy rush hour traffic starts. This
would be extremely beneficial to us and the general motoring public regarding navigating the streets during
extremely congested and busy times.
OTHER ALTERNATIVES CONSIDERED
No other alternatives considered.
VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY
The Tigard Beyond Tomorrow Public Safety strategy would cover this area.
ATTACHMENTS
There are no attachments.
FISCAL NOTES
There are no additional costs attached to this change.
Ocitywiae\sum.dot
waz)
CITY OF TIGARD, OREGON '4~t 0 V e-f.
ORDINANCE NO.01-
AN ORDINANCE AMENDING SECTION 10.50.080 OF THE TIGARD MUNICIPAL CODE
CHANGING SUB SECTION 10.50.080 (6) PROHIBITING MOVEMENT OF OVERSIZE LOADS ON
CITY STREETS BEFORE 9:00 AM AND AFTER 3:00 PM.
WHEREAS, Section 10.50.080 (6) the Tigard Municipal Code currently states "no move shall take place
during the periods of seven a.m. through nine a.m., without approval of the chief of police"; and
WHEREAS, movement of oversize loads after three p.m. causes severe traffic congestion at rush hour
times on weekdays; and
WHEREAS, public safety vehicles cannot move effectively through severely congested streets; and
WHEREAS, restricting movement of oversize loads will prevent this cause of traffic congestion.
NOW, THEREFORE, THE CITY OF TIGARD ORDAINS AS FOLLOWS:
SECTION 1: Section 10.50.080 (6) is amended to read as follows: No movement shall begin before
nine a.m. on weekdays and must be completed by three p.m.
SECTION 2: This ordinance shall be effective 30 days after its passage by the Council, signature by
the Mayor, and posting by the City Recorder.
PASSED: By vote of all Council members present after being read by number and
title only, this day of , 2001.
Catherine Wheatley, City Recorder
APPROVED: By Tigard City Council this day of , 2001.
James E. Griffith, Mayor
Approved as to form:
City Attorney
Date
MADM\ORDINANC\ORDINANCE AMENDMENT OVERSIZE LOADS.DOC
ORDINANCE No. 01
Page 1
TIGARD MUNICIPAL CODE
Chapter 10.50 MOVING OF OVERSIZE means the designee or designees appointed by the
LOADS director of community development who is
responsible for the building inspections and
Sections: enforcement of the building code.
10.50.010 Title. (3) City Engineer. "City engineer" means
10.50.020 Definitions. the city engineer or the city engineer's designee.
10.50.030 Permit required.
10.50.040 Permit application-Fee. (4) Street. "Street" means any highway,
10.50.050 Permit for moving or relocating road, street or alley as defined in ORS 487.005(1)
a building onto a lot. and (8).
10.50.060 Protection of public and private
property and utilities. (5) Structure. "Structure" means that which
10.50.070 Certificate of insurance. is built or constructed, an edifice or building of
10.50.080 Permit issuance conditions. any kind, or piece of work artificially built up or
10.50.090 Permit contents. composed of parts joined together in some
10.50.100 Permit revocation. definite manner.
10.50.110 Liability.
10.50.120 Protection of streets and (6) Chief of Police. "Chief of police"
property. means the designee appointed by the city
10.50.130 Project to continue administrator who is responsible for the
uninterrupted. administration of the police department and may
10.50.140 Cleanup. also be referred to herein as "Chief."
10.50.150 State highway/county road use.
10.50.160 Moving oversize loads on same (7) Oversize Load. "Oversize load" means
property. any building, structure or commodity which is to
10.50.170 Violation--Penalty. be moved along any city street upon a flatbed
truck, trailer, dollies or similar vehicles, which has
10.50.010 Title. a loaded width exceeding eight feet and/or a
loaded length exceeding fifty feet total, and/or a
This chapter shall be known as the "moving loaded height exceeding fourteen feet pursuant to
of oversize loads ordinance" and may also be ORS 818.080. (Ord. 90-18 §l(part), 1990)
referred to herein as "this chapter." (Ord. 90-18
§1 (part), 1990) 10.50.030 Permit required.
10.50.020 Definitions. (a) No person shall move an oversize load
across or along a street without first applying for
For the purposes of this chapter, the and obtaining a permit under this chapter.
following mean:
(b) No person shall move an oversize load
(1) Building. "Building" means any across or along a street in violation of a provision
structure used or intended for sheltering any use of this chapter or of the provisions of the permit
or occupancy. issued under this chapter. (Ord. 90-18 §1(part),
1990)
(2) Building Official. "Building official"
10-50-1 Reformatted 1994
TIGARD MUNICIPAL CODE
10.50.040 Permit application--Fee. information for design review approval.
(a) Application for a permit to move an (c) An application shall be signed by the
oversize load shall be made to the building official owner of the oversize load to be moved or by the
on forms provided by the building official and person engaged to move the building.
shall include the following information:
(d) A fee of ten dollars shall be paid prior to
(1) The name and address of a person the issuance of a permit. Should it be necessary
who owns the oversize load; for the city to provide any assistance in the
moving of an oversize load, the applicant shall
(2) The name and address of a person pay an amount equal to the cost of labor and/or
engaged to move the oversize load; materials, or any other cost incurred by the city.
These fees, pursuant to this section may be
(3) The location from which the amended by the city council by resolution. (Ord.
oversize load is proposed to be moved; 90-18 §1 (part), 1990)
(4) The proposed new site of the 10.50.050 Permit for moving or relocating
oversize load and its zoning classification (if in a building onto a lot.
the city);
The movement or relocation of any building
(5) The proposed route for moving the or structure (which would otherwise require the
oversize load; issuance of a building permit), within or into the
city, to be placed on a lot within the city, shall in
(6) The dimensions, type of addition to the provisions of this chapter, comply
construction and approximate age of the oversize with Chapter 14.20. (Ord. 90-18 §l(part), 1990)
load;
10.50.060 Protection of public and private
(7) The use or purpose for which the property and utilities.
oversize load was designed;
(a) The issuance of an oversize load permit
(8) The use or purpose to be made of is not an approval to remove, alter, interfere or
the oversize load at its new location (if in the endanger any public or private property, or utility
city); without first having obtained in writing, the
permission of the property owner(s), utility, or
(9) The proposed moving date and public entity to do so.
hours of moving;
(b) The applicant shall have made
' (10) Any additional information the arrangements to the satisfaction of the owner(s),
i
building official considers necessary for a fair utility or public entity for protecting the
determination of whether the permit should be installations or property, paying for whatever
issued. damage the moving causes them, and for
reimbursing the owner(s), utility or public entity
(b) In situations where the city's design for any costs of removal and reinstallation of the
review standards apply, the applicant shall also property that the move necessitates. (Ord. 90-18
make application and submit all necessary §1 (part), 1990)
10-50-2 Reformatted 1994
TIGARD MUNICIPAL CODE
10.50.070 Certificate of insurance. (1) The route for moving the oversize load;
A permit shall not be issued until the (2) The dates and times within which the
applicant furnishes proof of liability insurance moving is to be completed;
with a surety company authorized to do business
in this state, for the purposes of moving oversize (3) Whatever additional conditions the
loads, in an amount and form approved by the building official considers necessary to satisfy
building official. (Ord. 90-18 §1(part), 1990) ordinance requirements, to minimize the
obstruction of traffic to protect property, and to
10.50.080 Permit issuance conditions. protect the public safety and welfare. (Ord. 90-18
§ 1(part), 1990).
The building official shall issue the permit
subject to any necessary conditions if. 10.50.100 Permit revocation.
(1) The application complies with the The building official may refuse to issue a
requirements of this chapter; permit or may revoke a permit issued under this
chapter if:
(2) The moving can be accomplished
without damage to property, or in case of damage (1) The permittee violates or cannot meet a
to the property, it is consented to by the owner of requirement of the permit or a section of this
the property or is to be paid for to the owner's chapter;
satisfaction;
(2) Grounds, such as a misstatement of fact
(3) The building at its new site, if within the exist for revocation, suspension or refusal to issue
city, will conform to the requirements of the the permit. (Ord. 90-18 §l(part), 1990).
community development code;
10.50.110 Liability.
(4) All requirements of the building code
ordinance (Chapter 14.04) have been complied The permit shall not constitute an
with; authorization for damaging property. The permit
shall not constitute a defense against any liability
(5) The applicant shall be responsible for the permittee incurs for personal injury or
notifying the police department, fire department, property damage caused by the moving. (Ord. 90-
and all other affected agencies not less than that 18 §1(part), 1990)
required by the agency, but not less than forty-
eight hours prior to commencement of the move; 10.50.120 Protection of streets and
property.
(6) No move shall take place during the
periods of seven a.m. through nine a.m., without Equipment used to move oversize loads
approval of the chief of police. (Ord. 90-18 along or across the public streets of the city shall
§1 (part), 1990) be equipped with pneumatic tires, which shall be
the only part of the equipment to come in to
10.50.090 Permit contents. contact with the surfaces of the streets, except
planking as required by the city engineer. The
The permit shall specify: city engineer may require the permittee to proceed
10-50-3 Reformatted 1994
TIGARD MUNICIPAL CODE
on planking of specified dimensions when the city 10.50.160 Moving oversize loads on same
engineer considers the planking necessary to property.
prevent damage to a public street or other
property. (Ord. 90-18 §1(part), 1990) Section 10.50.030 shall not apply when an
oversize load is moved on the same or private
10.50.130 Project to continue property, or along a private street not controlled or
uninterrupted. maintained by the city, except that Section
10.50.050 shall apply in all cases. (Ord. 90-18
Once an oversize load has been moved onto a §1(part), 1990)
public street under a permit authorized by this
chapter, the person moving the oversize load shall 10.50.170 Violation--Penalty.
continue with the moving project without
interruption until it is completed, except as the Violation of this chapter (except for Section
permit for the moving of the oversize load 10.50.050) shall constitute a Class I infraction and
specifically allows to the contrary. (Ord. 90-18 shall be processed in accordance with the civil
§1(part), 1990) infractions ordinance, codified in Chapter 1.16 of
this code. (Ord. 90-18 §I(part), 1990)8
10.50.140 Cleanup.
A person moving an oversize load under a
permit authorized by this chapter shall promptly
remove from the public streets and private
property all litter produced by the moving. (Ord.
90-18 § l (part), 1990)
10.50.150 State highway/county road use.
The building official may waive any of the
requirements of this chapter regarding oversize
loads to be moved through the city upon a county
road or state highway from and to points outside
the city limits if.
(1) Movement will be made pursuant to a
permit issued by the appropriate state agency;
(2) Notice of the proposed movement and a
copy of the permit is submitted to the building
official before the movement; and
(3) The building official is satisfied that
adequate precautions have been taken to protect
the public safety and welfare. (Ord. 90-18
§1 (part), 1990)
10-50-4 Reformatted 1994
4 ~
AGENDA ITEM # FOR AGENDA OF August 28, 2001
CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUMMARY
ISSUE/AGENDA TITLE An ordinance amending sections 2.36.030, 2.36.040, 7.100.10 and 7.100.40 of the
Tigard Municipal Code.
PREPARED BY: Margaret Barnes DEPT HEAD OK Zrz- CITY MGR OK
ISSUE BEFORE THE COUNCIL
Should the Council amend Tigard Municipal Code (TMC) sections 2.36.030, 2.36.040, 7.100.10 and 7.100.40 to
clarify procedures for Library Board member appointment and terms, and the procedure for the exclusion from the
Tigard Public Library?
STAFF RECOMMENDATION
Amend TMC 2.36.030, 2.36.040, 7.100.10 and 7.100.40.
INFORMATION SUMMARY
TMC 2.36.030 contains procedures to be followed by the City when it wishes to appoint Library Board members,
the terms of the members, the frequency of meetings, the selection of officers for the Board and the record keeping
of board meeting. TMC 2.36.040 outlines the responsibilities of the Library Board.
The proposed amendment clarifies the operation of the Library Board and removes outdated language.
TMC 7.100.10 and 7.100.40 contains the procedure to follow to exclude a person from the Tigard Public Library.
The proposed amendment clarifies and updates the procedure to follow to exclude a person from the Tigard Public
Library and the process to appeal the exclusion.
OTHER ALTERNATIVES CONSIDERED
Retain TMC 2.36.030, 2.36.040, 7.100.10 and 7.100.40 as written.
VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY
N/A
ATTACHMENT LIST
Ordinance amending sections TMC 2.36.030, 2.36.040, 7.100.10 and 7.100.40
Current form of 2.36.030, 2.36.040, 7.100.10 and 7.100.40
Is= gill plawl WIEW EM
^y
FISCAL NOTES
There is no cost for this action.
4 O
AGENDA ITEM # 3
FOR AGENDA OF August 28.2001
CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUMMARY
ISSUE/AGENDA TITLE Tigard Municipal Code Update - Building Appeals Board
PREPARED BY: Gary Lampella DEPT HEAD OK ITY MGR OK IYvDN-
ISSUE BEFORE THE COUNCIL
Should Chapter 2.09 of the TMC, Building Appeals Board, be revised or retained in its current format? Should
Council appoint Building Appeals Board members?
STAFF RECOMMENDATION
No change to the TMC. Retain the local Building Appeals Board in its current format and appoint Building
Appeals Board members.
INFORMATION SUMMARY
On October 10, 1995, Ordinance No. 95-21 was enacted by Council adding Chapter 2.09 to the TMC, which
established the Building Appeals Board. The Council appointed thirteen members by Resolution No. 95-65 on
December 19, 1995 with a term limit of four (4) years. There has been one appeal since the formation of the
Building Appeals Board and the members' terms have since expired. Oregon Administrative Rules have been
changed as a result of the passage of Senate Bill 587 during the 1999 Legislative Session. OAR 918-001-0130
allows an alternate appeal procedure. Persons aggrieved by a decision of a local building official are now allowed
to choose whether to appeal though the local appeals process or appeal to the appropriate specialty code chief at the
State level. Persons aggrieved by the decision of either of these two appeal processes could still appeal to the
appropriate advisory board as allowed by ORS 455.690.
OTHER ALTERNATIVES CONSIDERED
Eliminate the local Appeals Board and rely on the State of Oregon Building Codes Division's specialty code
chiefs to make a final determination regarding a decision of the City of Tigard Building Official.
VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY
n
" N/A
ATTACHMENT LIST
#1 -Oregon Administrative Rule 918-001-0130 and Oregon Revised Statute 455.690.
FISCAL NOTES
N/A.
slims
Attachment 1
OAR 918-001-0130
Alternative Appeal Procedure
This rule allows persons aggrieved by a decision of a local building official or designee to choose whether to
appeal through the local appeals process, or through the division. If the appeal relates to an inspection pursuant
to the Electrical Specialty Code, the appeal process set forth in OAR 918-251-0040 shall be followed.
(1) A person aggrieved by the decision of a local building official or designee may, in lieu of using the local
appeals process, appeal to the appropriate specialty code chief. The aggrieved person may not change from one
process to the other on the same issue. Such appeal shall:
(a) Be made within 30 days of the municipality decision; and
(b) Include the name of the person making the appeal, a written description of the appeal, the name of the
authority having jurisdiction, the specific code or codes involved, and whether a "stop work" order has been
issued; and
(c) Be accompanied by $20 appeal fee.
(2) Upon receipt of an appeal, the specialty code chief shall seek information from the local building official or
designee and any other information necessary to make a decision.
(3) Upon final determination by the chief, the chief shall notify appropriate affected parties in writing.
(4) If the aggrieved person, or the person whose decision generated the appeal, chooses to further appeal the
decision of the specialty code chief to the appropriate state advisory board, the person shall:
(a) Request further appeal within 15 days after written notification of the decision of the specialty code chief;
and
(b) Provide additional information as needed by the division to process the appeal.
ORS 455.690 Appeal to advisory boards. Any person aggrieved by the final decision of a municipal appeals
board or a subordinate officer of the Department of Consumer and Business Services as to the application of
any provision of a specialty code may, within 30 days after the date of the decision, appeal to the appropriate
advisory board. The appellant shall submit a fee of $20, payable to the department, with the request for appeal.
The final decision of the involved municipality or state officer shall be subject to review and final determination
by the appropriate advisory board as to technical and scientific determinations related to the application of the
specialty code involved. [Formerly 456.850; 1993 c.744 s.98]