The URL can be used to link to this page

City Council Packet - 07/09/2002TIGRD CI COUNCIL MEETING J U LY 9, 2002 COUNCIL MEETING ILL E TELEVISED H NJ EANNIEIDOCS%CCPKTI 13125 SW Hall Blvd., Tigard, OR 97223 (503) 639-4171 TDD (503) 684-2772 CITY OF TIGARD OREGON PUBLIC NOTICE: Anyone wishing to speak on an agenda item should sign on the appropriate sign-up sheet(s). If no sheet is available, ask to be recognized by the Mayor at the beginning of that agenda item. Visitor's Agenda items are asked to be two minutes or less. Longer matters can be set for a future Agenda by contacting either the Mayor or 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 mm. 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 - July 9, 2002 page 1 AGENDA TIGARD CITY COUNCIL MEETING July 9, 2002 6:30 PM • STUDY SESSION ➢ BRIEFING ON THE URBAN GROWTH BOUNDARY REVIEW PROCESS BY METRO STAFF 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 statute. 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. 7:30 PM 1. BUSINESS MEETING 1.1 Call to Order - City Council a Local Contract Review Board 1.2 Roll Call 1.3 Pledge of Allegiance 1.4 Council Communications a 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. CONSENT AGENDA: These items are considered to be routine and may be enacted in one motion without separate discussion. Anyone may request that an item be removed by motion for discussion and separate action. Motion to: 3.1 Approve Council Minutes for June 11 and June 18, 2002 3.2 Receive and File: a. Council Calendar b. Tentative Agenda 3.3 Local Contract Review Board: COUNCIL AGENDA - July 9, 2002 page 2 a. Award Contract for Construction of O'Mara Street Sanitary Sewer Reimbursement District No. 23 to Fisher Construction, Inc. Consent Agenda - Items Removed for Separate Discussion: Any items requested to be removed from the Consent Agenda for separate discussion will be considered immediately after the Council has voted on those items which do not need discussion. 7:45 PM 4. BRIEFING ON "CELEBRATE OUR COMMUNITY" EVENTS a. Staff Report: Administration Staff b. Council Discussion 7:50 PM 5. POLICE DEPARTMENT OVERVIEW a. Staff Report: Police Staff b. Council Discussion 8:20 PM 6. PUBLIC HEARING TO CONSIDER AN ORDINANCE REPEALING TIGARD MUNICIPAL CODE CHAPTER 11.05 PERTAINING TO RESIDUAL SOLID WASTE a. Open Public Hearing b. Summation by Finance Staff C. Public Testimony d. Staff Recommendation e. Council Discussion f. Close Public Hearing g. Consideration by Council: Ordinance No. 02 - 8:35 PM 7. CONSIDER AN ORDINANCE AMENDING TIGARD MUNICIPAL CODE CHAPTER 1. 16 PERTAINING TO CIVIL INFRACTIONS, AND DECLARING AN EMERGENCY a. Staff Report: Community Development and Finance Staff b. Council Discussion C. Consideration by Council: Ordinance No. 02 - COUNCIL AGENDA - duly 9, 2002 page 3 8:50 PM 8. PUBLIC HEARING (INFORMATIONAL) TO CONSIDER ESTABLISHING SANITARY SEWER REIMBURSEMENT DISTRICT NO. 25 - CARMEN STREET a. Open Public Hearing b. Summation by Engineering Department C. Public Testimony d. Staff Recommendation e. Council Discussion f. Close Public Hearing 9. Consideration by Council: Resolution No. 02 - 9:00 PM 9. COUNCIL LIAISON REPORTS 9:10 PM 10. NON AGENDA ITEMS 9:20 PM 11. 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 statute. 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 ,raking any final decision. Executive Sessions are closed to the public. 9:30 PM 12. ADJOURNMENT I: VADM\CATH Y\C CA\020709. DOC COUNCIL AGENDA - July 9, 2002 page 4 AG.EN ®A TIGARD CIT`>f COUNCI AADMINISTRATIVE ITEMS FOR RE` IEW ]Of 9,.260 • 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 statute. 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. 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(l) (a) - Esmployment'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(l) (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(l) (g) - Trade negotiations - involving matters of trade or commerce in which the governing body Is competing with other governing bodies. 192.660(l) (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(l) (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) (j) - Public investments - to carry 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. I:=MICATHYiC0UNC1UCCLIST020011.DOC July 9, 2002 Jill Tellez 9280 SW 80th Avenue Portland, OR 97223 Dear Ms. Tellez: Thank you for your letter of July 5, 2002, regarding the recent Cityscape newsletter which listed the Council workshop discussion of June 18, in particular, the discussion held with Kathy Lehtola of Washington County. Attached is a copy of the minutes of that meeting which makes reference to the Washington Square Regional Plan Implementation, Urban Growth Boundary Issues, and Ms. Lehtola's background. While it is not an all-inclusive list of the many cooperative projects which Washington County and Tigard are involved in, the discussion did focus on the continued working relationship between the county and city and Tigard's appreciation of Kathy's current involvement in the commuter rail project, the cooperative project which Kathy has the most knowledge of. I expect that Tigard's relationship with Washington County, and the benefits brought to the community by the cooperative relationship, will continue to be productive and beneficial to the community. I do not plan to revise the Cityscape newsletter as, in my opinion, Kathy did discuss cooperative projects with our City Council. The intent of the meeting was to have a brief discussion, not an all-inclusive update. Sincerely, William A. Monahan City Manager c: Tigard City Council, w/atts Tom Brian, Washington County, w/atts Kathy Lehtola, Washington County, w/atts I'NAD LLLLETTERS12002%TELLEZ RE LEHTOLADOC 13125 SW Hall Blvd., Tigard, OR 97223 (503) 639-4171 TDD (503) 684-2772 Feasibility Study work has been focusing on source options. A preliminary report will be coming out this fall for Council review. b) Proposed Bull Run Regional Drinking Water Agency - A consulting team has been working with 13 participating agencies. Work has been divided into four groups: 1. Engineering - what would be supply assets of new agency 2. Financial - a rate model is being developed to determine the cost scenarios for participants 3. Governance/Legal (see notes below) 4. Public Involvement - keeping the citizenry of the Metro area aware of the progress of this project Mr. Wegner reviewed with the City Council governance options along with a comparison of criteria relating to governance options that was prepared by the Policy Steering Committee. After Council review and discussion, the consensus was that the ORS 190 Organization was the preferred governance option of the Tigard City Council. Mr. Wegner distributed a chart outlining the key characteristics of an ORS 190 organization. It was noted that Portland Commissioner Erik Sten is no longer representing Portland on water issues. Commissioner Dan Saltzman is now the head of the Portland Water Bureau. It has been reported that Commissioner Saltzman is supportive of the study concerning the Bull Run Regional Drinking Water Agency. 4. DISCUSS WASHINGTON COUNTY/CITY OF TIGARD COOPERATIVE PROJECTS WITH WASHINGTON COUNTY LAND USE AND TRANSPORTATION DIRECTOR KATHY LEHTOLA Land Use and Transportation Director Kathy Lehtola visited with the City Council and visited briefly about some of the various projects that the City and County are undertaking cooperatively. Ms. Lehtola was appointed to the Director position last month and shared with Council that she has a masters degree in geology, has worked in the public works field for 29 years with experience as the "regulated" and the "regulator." She referred to the importance of maintaining good interpersonal relationships with staff and elected officials and said she enjoys the close association that has been established among the Washington County cities and the County. She responded to a question about the status of the Washington Square Regional Plan implementation. Washington County is doing work on this project and the Board action (ordinance) is on its 2003 agenda schedule. Community Development Director Hendryx explained that the City of Tigard had primary responsibility to meet COUNCIL MINUTES - June 18, 2002 page 2 Copies to: s Mayor/Council V Other: ~ City Manager Y2et:T C il Fil n ; t e ounc Mr. Bill Monahan, City Manager; Mayor, and City Council Members The City of Tigard 13125 SW Hall Blvd. Tigard, OR 97223 Dear Mr. Monahan, Mr. Mayor and Council Members; ._.flf Jill Tellez 9280 S.W. 8oth Ave. Portland, OR 97223 July 5: 2002 JUL. U <'s filC~{ Admil- -On I was surprised to read in the current Cityscape newsletter a recap of City Council highlights, which states there was a discussion of Washington County/City of Tigard cooperative projects with Washington County Land Use Transportation Director ]Kathy Lehtola. I attended the hearing, and there were no cooperative projects mentioned in spite of fact that the item was listed on the agenda and was my purpose for attending. What Ms. Lehtola did disclose was that Washington County won't be holding:any public hearings on the Washington Square Regional Center until March through October, 2003. This was new information, since it was announced this past spring that Washington County would be holding hearings for the Washington Square Regional Center in the summer of 2002 (Tier 2.) The Director of Land Use and Transportation spent most of the allotted time discussing her background, what she majored in in college, that she came from San Diego, and her previous experience in public works. She did not answer any specific questions about transportation issues or the commuter rail. To print in the Cityscape newsletter that cooperative projects were discussed during the hearing is an incorrect statement. Could you-please print a correction in the next newsletter? I was disappointed no specific cooperative projects or ordinances were talked about during•the hearing, as advertised. There are many exciting and new developments which will impact the future of our local communities, and I look forward to hearing about them. Respectfully Yours; J~~[ A~~_ ill Tellez cc: Tom Brian, Washington County Commissioner Agenda Item No. +1 Meeting of 811Z.3/02- COUNCIL MINUTES TIGARD CITY COUNCIL MEETING July 9, 2002 Mayor Griffith called meeting to order at 6:30 p.m. Council Present: Mayor Griffith; Councilors Moore, Patton, and Scheckla. ➢ BRIEFING ON THE URBAN GROWTH BOUNDARY (UGB) REVIEW PROCESS BY METRO STAFF Metro Representatives Present: Brenda Bernards, Senior Regional Planner; Lydia Neill, Principal Regional Planner; David Bragdon, Metro Councilor; and Carl Hosticka, Metro Councilor. Metro Councilor David Bragdon introduced this topic. Metro is currently reviewing the 20-year land capacity of the UGB. Three of these sites are near Tigard boundaries with two sites (identified as Tier One, Areas 63 and 64) as being the most likely to be eventually added to the City of Tigard. Area 65 is adjacent to King City. Council received written information from Community Development Director Hendryx reviewing the issues associated with this potential expansion: 1. Allow for park acreage in the expansion areas when projecting future densities. 2. Allocate acreage for parks-deficient Bull Mountain in the expansion areas. 3. Create a mechanism to pay for parks in expansion areas. Metro Representatives discussed with the Council the policy issues for which they would like input including: How much of the future growth should be accommodated within the UGB (increased densities within town centers and along corridors)? ® What are the concerns about the maintenance of separation between communities (referred to Sherwood, Tualatin, and Wilsonville)? o Should most of future expansion occur in a single area or should it be assigned piecemeal? o Should needs that develop because of growth be addressed on a regional or sub-regional basis? COUNCIL MEETING MINUTES - July 9, 2002 page 1 After discussion, the summary of the key points brought out included the following: • the City would most likely ultimately have the planning authority for Tier 1 areas 63 and 64 • the City would like to see a requirement that areas must annex before development occurs the City would like for Metro to formally acknowledge that areas identified as residential also will need to provide for commercial and Industrial sites to provide service or employment to the residents • the City does not want new regulations to be imposed on Town Centers, since opening up a new public hearing process before the newly established Town Centers have time to evolve would be detrimental to the regional center concept • the City would like Metro to support parks system development charges on a unifonn basis ® there is a deficiency of large-lot Industrial areas in the region and sites need to be identified for this use in Metro's study area • the Bull Mountain area will likely become part of the City of Tigard in the future (a question of "when?") - a survey is now being conducted about the question of annexing this area and the Tigard Council will have some information in August about whether annexation will occur in the near future In August, Mike Burton, Metro Executive Director, will make a recommendation to the Metro Council about whether there is sufficlent capacity within the current UGB to meet growth needs. It is suspected that additional land will be needed to accommodate the growth. After Mr. Burton submits his report, the Metro Council will begin its review. Additional technical information will be released in about two weeks. 1. BUSINESS MEETING 1.1 Call to Order - Mayor Griffith called the City Council 8z Local Contract Review Board to order at 7:35 p.m. 1.2 Roll Call: Mayor Griffith; Councilors Moore, Patton and Scheckla 1.3 Pledge of Allegiance 1.4 Council Communications 8z Liaison Reports: Mayor noted he had received a number of compliments about the Tigard Balloon Festival and 41 of July events. COUNCIL MEETING MINUTES - July 9, 2002 page 2 1.5 Call to Council and Staff for Non-Agenda Items: None 2. 3. VISITOR'S AGENDA Pavel Goberman, P O Box 1664, Beaverton, Oregon, noted that he had been a candidate for the Bureau of Labor and that he plans to run against Senator Wyden in 2004. Mr. Gobenman said he was a fitness instructor. He would like to give speeches for educational purposes to citizens about health and fitness activities; however, library staff would not give him permission to lecture in a re-, .M at the library. He noted that he has been able to do this at other libraries in the area. Assistant to the City Manager Newton said she would have staff determine what the differences are between Tigard's policies relating to programming or use of rooms and other area libraries. CONSENT AGENDA: Motion by Councilor Scheckla, seconded by Councilor Patton to approve the Consent Agenda as follows: 3.1 Approve Council Minutes for June 11 and June 18, 2002 3.2 Receive and File: a. Council Calendar b. Tentative Agenda 3.3 Local Contract Review Board: a. Award Contract for Construction of O'Mara Street Sanitary Sewer Reimbursement District No. 23 to Fisher Construction, Inc. The motion was approved by a unanimous vote of Council present: Mayor Griffith - Yes Councilor Moore - Yes Councilor Patton - Yes Councilor Scheckla - Yes 4. BRIEFING ON "CELEBRATE OUR COMMUNITY" EVENTS Assistant to the City Manager Newton presented the staff report on this item. Council consensus was to support the proposed events and for staff to proceed with planning. The events are briefly described as follows: Events of September 11, 2001 impacted local communities, including Tigard, in addition to the devastation and tragedy experienced in New York City and Washington D.C. Plans are being made nationally and locally to provide opportunities to respectfully commemorate the first anniversary of that date. There will be a variety of events on Wednesday, September 11, and volunteer COUNCIL MEETING MINUTES - July 9, 2002 page 3 projects in local communities September 11 - September 14. The City of Tigard staff has done some preliminary planning for a community gathering In the evening of September 11 at Cook Park and for volunteer opportunities on Saturday, September 14. Three volunteer projects are set on 141 at Summerlake Park. The most significant activity on September 14th would be planting a grove to trees in Summerlake Park, which would serve as a permanent commemoration of this event and a tribute to the Tigard community. Other volunteer activities would include planting trees and shrubs in Fanno Creek Park and improving the riparian area. 5. POLICE DEPARTMENT OVERVIEW Chief Ron Goodpaster reviewed a PowerPoint slide presentation, highlighting the activities of the Police Department. After the presentation, in response to Council member questions, Chief Goodpaster reported that the main issue at Washington Square is theft related. Chief Goodpaster advised that he has been talking with Washington Square representatives about establishing a substation in the Center for an officer outpost. He reported that the Department works closely with Washington Square security personnel. Chief Goodpaster said Tigard police offers do not work traffic patrol on 1-5, but assist other law enforcement officers as needed on this highway. 6. PUBLIC HEARING TO CONSIDER AN ORDINANCE REPEALING TIGARD MUNICIPAL CODE CHAPTER 11.05 PERTAINING TO RESIDUAL SOLID WASTE a. Mayor Griffith opened the public hearing b. Finance Manager Tom Imdieke presented the staff report, which is on file in the City Recorder's office. C. There was no public testimony. d. Staff recommended repealing Tigard Municipal Code Chapter 11.05 relating . to residual solid waste because of a recent decision by the United States Court of Appeals for the Ninth Circuit Court. e. Mayor Griffith closed the public hearing. COUNCIL MEETING MINUTES -July 9, 2002 page 4 f. Motion by Councilor Moore, seconded by Councilor Patton, to adopt Ordinance No. 02-26. ORDINANCE NO. 02-26 - AN ORDINANCE REPEALING TIGARD MUNICIPAL CODE CHAPTER 11.05 RELATING TO RESIDUAL SOLID WASTE. The motion was approved by a unanimous vote of Council present: Mayor Griffith - Yes Councilor Moore - Yes Councilor Patton - Yes Councilor Scheckla - Yes 7. CONSIDER AN ORDINANCE AMENDING TIGARD MUNICIPAL CODE CHAPTER 1. 16 PERTAINING TO CIVIL INFRACTIONS, AND DECLARING AN EMERGENCY Housing Inspector Albert Shields, Code Compliance Specialist Christine Darnell, Court/Records Manager Nadine Robinson, and Hearings Officer Michael O'Brien reviewed the staff report and presented the rationale behind the staffs proposal for the proposed ordinance to update Chapter 1.16 - Civil Infractions. The amendments to the Code will allow the use of a short form citation, add a "first court appearance" (similar to traffic court), and allow an increase in penalties for first-time offenders. Motion by Councilor Scheckla, seconded by Councilor Patton, to adopt Ordinance No. 02-27. ORDINANCE NO. 02-27 - AN ORDINANCE AMENDING CHAPTER 1.16, CIVIL INFRACTIONS, OF THE TIGARD MUNICIPAL CODE AND DECLARING AN EMERGENCY. The motion was approved by a unanimous vote of Council present: Mayor Griffith - Yes Councilor Moore - Yes Councilor Patton - Yes Councilor Scheckla - Yes COUNCIL MEETING MINUTES - )uly 9, 2002 page 5 8. PUBLIC HEARING (INFORMATIONAL) TO CONSIDER ESTABLISHING SANITARY SEWER REIMBURSEMENT DISTRICT NO. 25 - CARMEN STREET a. Mayor Griffith opened the public hearing. b. Project Engineer Greg Berry presented the staff report on this item, which if approved would establish Sanitary Sewer Reimbursement District No. 25. After a brief discussion with Councilor Scheckia, Mr. Berry advised staff uses the tax assessment rolls to contact property owners and staff will recheck to make sure the list is current. A copy of the staff report is on file in the City Recorder's office. C. Public Testimony: ® Mr. Henry Tiernan, 12025 SW Carmen Street, Tigard, Oregon. Mr. Tieman noted a concern about the number of houses that are below street grade and also that there have been lengthy power outages in this area in the past. He asked if a pump would be necessary for these properties. Mr. Berry advised that the sewer would be constructed to utilize gravity flow and pumping would not be necessary. d. Staff recommended that the Council adopt the proposed resolution, which would form Reimbursement District NO. 25. e. Mayor Griffith closed the public hearing. f. Motion by Councilor Moore, seconded by Councilor Patton, to adopt Resolution No. 02-45. RESOLUTION NO. 02-45 - A RESOLUTION ESTABLISHING SANITARY SEWER REIMBURSEMENT DISTRICT NO. 25 (CARMEN STREET) The motion was approved by a unanimous vote of Council present: Mayor Griffith - Yes Councilor Moore - Yes Councilor Patton - Yes Councilor Scheckla - Yes 9. 10. COUNCIL LIAISON REPORTS: None. NON AGENDA ITEMS: None. COUNCIL MEETING MINUTES -July 9, 2002 page 6 11. EXECUTIVE SESSION: Not held. 12. ADJOURNMENT: 8:59 p.m. Attest: or, v f r Date: /3 \kTI G333\USRO EPTS\ADMICATHY\CCM\020709. D OC i atherine Wheatley, City Recorder COUNCIL MEETING MINUTES - July 9, 2002 page 7 City of Tigard, Oregon Affidavit of Pasting CITY OF TIGARD OREGON In the Matter of the Proposed STATE OF OREGON ) County of Washington ) ss. City of Tigard ) I, and y: being first duly sworn, on oath, depose That I posted in the following public and conspicuous places, a copy of Ordinance Number(s) a Z- , which were adopted at the City Council meeting of with copy(s) of said ordinance(s) being hereto attached and by reference made a part hereof, on the day of , 205~~• 1. Tigard City Hall, 13125 SW Hall Blvd., Tigard, Oregon 2. Tigard Public Library, 13125 SW Hall Blvd., Tigard, Oregon 3. Tigard Water Building, 8777 SW Burnham, Tigard, Oregon +L?PFXN& SEAL ORM A GAS= NOTARY P COMSSION NO. =I= ON nl~r "MUM OOw M Subscribed and sworn to (or affirmed) before me this day of ~7 ,c~ , 20 D 2- Notary Public for Oregon \\TIG333\USR\DEPTS\ADM\GREER\FORMS\AFFIDAVITS\AFFIDAVIT OF POSTING ORDINANCE.DOC CITY OF TIGARD, OREGON ORDINANCE NO. 02- D CO AN ORDINANCE REPEALING TIGARD MUNICIPAL CODE CHAPTER 11.05 RELATING TO RESIDUAL SOLID WASTE WHEREAS, Tigard Municipal Code Chapter 11.05 contains provisions relating to the collection and transportation of solid waste and recyclables, and WHEREAS, this code was adopted in response to a United States District Court decision that prevented the regulation of the price, route or service in the transportation of source separated recyclables and/or mixed loads containing solid waste and recyclable materials from single generator, non-residential accounts, transported to a manufacturer, recycling facility or material recovery facility, and WHEREAS - recent decision by the United States Court of Appeals for the Ninth Circuit Court reversed the District Court's decision therefore making the residual solid waste code unnecessary. NOW, THEREFORE, THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: Tigard Municipal Code Chapter 11.05 is hereby repealed. 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 u1?G M MUDS vote of all Council members present after being read by number and title only, this(! _4 day of , 2002. J d, -,,e- CO Catherine Wheatley, City Recorder APPROVED: By Tigard City Council this day of 12002. es E. G Tith, r Approve s to form: .1 Cl/ C Attomey Dtx-a - &6, a DDatCJ (7 ORDINANCE No. 0200 Page 1 CITY OF TIGARD, OREGON ORDINANCE NO.02- D-7 AN ORDINANCE AMENDING CHAPTER 1.16, CIVIL INFRACTIONS, OF THE TIGARD MUNICIPAL CODE AND DECLARING AN EMERGENCY WHEREAS, Chapter 1.16 of the Tigard Municipal Code establishes civil procedures for the enforcement of certain provisions of the Tigard Municipal Code; and WHEREAS, the current process established by Code is lengthy and a more efficient process is needed to expedite the disposition of less complex cases; and WHEREAS, the expeditious resolution of less complex cases is in the best interest of the public and the City; and WHEREAS, increased sanctions for repeat offenders may act as a deterrent for future violations. NOW, THEREFORE, THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: The Tigard City Council does hereby amend Chapter 1.16 of the Tigard Municipal Code as shown in the attached Exhibit "A". ORDINANCE No. 02-&2-7 Page 1 SECTION 2: The City of Tigard declares that an emergency exits so that this ordinance takes affect upon passage, thereby allowing the code enforcement officers and court to immediately begin using the new format. PASSED: By U,n MMIMS vote of all Council members present after being read by number and title only, this day of 2002. atherine Wheatley, City Recorder(j APPROVED: By Tigard City Council this day of - 2002. (9 (1 LIAM, J es E. Griffi , M yo Approv as to form: Attorney q n~ Da ORDINANCE No. o2-a'7 Page 2 Exhibit A TIGAR D MUNICIPAL CODE Chapter 1.16 CIVIL INFRACTIONS. Sections: 1.16.010 Title For Provisions. 1.16.020 Establishment And Purpose. 1.16.030 Definitions. 1.16.040 Use Of Language. 1.16.050 Reference To State Law. 1.16.060 Culpability-Chapter Provisions Not Exclusive. 1.16.070 Effect Of This Chapter. 1.16.080 Severability. 1.16.090 Reports Of Infractions. 1.16.100 Review Of Reports-Sufficiency 1 16 11 Of Evidence. - - . . 0 1.16.120 1 16 130 Notiee Val d Noti I~F El ti 2 And 3 . . e ee-- ass 1.16.140 InfreetiAnss Time To Remedy Infraction After Notice. 1.16.150 Immediate Remedial Action Required When. 1.16.160 Notice-Methods. 1.16.170 Notice-Computation Of Time Period. 1.16.180 Notice-Information Required= 1.16.190 Failure To Respond To Notice. 1.16.200 Voluntary Compliance Agreement. 1.16.210 Uniform Civil Infraction Summons And Complaint- Timing. 1.16.220 Uniform Civil Infraction Summons And Complaint- Form. 1.16.230 Uniform Civil Infraction Summons And Complaint- Service-Failure To Receive- Default. 1.16.240 Uniform Civil Infraction Summons And Complaint- Respondent's Answer Required Response. 1.16.250 No Right To Jury. 1.16.260 Representation By Counsel. 1.16.270 Opportunity To Be Heard- Cross-Examination. 1.16.280 Witnesses. 1.16.290 Hearing-Admissible Evidence. 1.16.300 Hearing-Decision By Hearings Officer. 1.16305 Civil Penalty-Abatement Requirements. 1.16.310 Civil Penalty-Assessment Of Fees. 1.16320 Hearing-Records. 1.16330 Finality Of Decision-Appeals. 1.16340 Remedial Action By City- Costs. 1.16350 Default Judgment. 1.16.360 Enforcement-Rules And Regulations. 1.16.370 Lien Filing And Docketing. 1.16380 Continuous Infractions. 1.16385 Failure To Comply With Judgment Order. 1.16390 Penalty-Payment Due When. 1.16.400 Penalty-Classifications. 1.16.410 Penalty-Assessment. 1.16.415 Penal = Repeat Violation. 1.16.420 Penal _ Prior Lo Hearing. 1.16.4205 Delinquent Civil Penalties. 1.16.010 Title For Provisions. The ordinance codified in this chapter shall be known as the "civil infractions ordinance," and may also be referred to herein as "this chapter." (Ord. 86-20 § I (Exhibit A(1)), 1986). 1.16.020 Establishment And Purpose. (a) The purpose of this chapter is to establish civil procedures for the enforcement of certain provisions of the Tigard Municipal Code (TMC). 1-16-1 S&Code Update: 11/01 TIGARD MUNICIPAL CODE (b) The civil infraction procedures established herein are for the purpose of decriminalizing penalties for infractions of certain civil ordinances and for the purpose of providing a convenient and practical forum for the hearing and determination of cases arising out of such infractions. The civil infractions procedure is intended to be used for all violations of the TMC other than certain violation- of Title 7 and Title 10. (c) The civil infractions abatement procedures established herein are for the purpose of authorizing the City to proceed to abate such infractions if it is determined that the infraction presents an immediate danger to the public health, safety or welfare. (d) This chapter is adopted pursuant to the home rule powers granted the City of Tigard by Article IV, Section 1, and Article XI, Section 2, of the Oregon Constitution; Oregon Revised Statutes 30.315, and Sections 4 and 21 of the Charter of the City of Tigard. (Ord. 86-20 § ](Exhibit A(2)), 1986). Exhibit A with a civil infraction. (d) "Voluntary compliance agreement" means an agreement, whether written or verbal, between the Code Enforcement Officer and the respondent, which is intended to resolve the alleged civil infraction. (Ord. 86-20 § ](Exhibit A(4)), 1986). Lee) "Violation" means failure to comply with a requirement imposed directly or indirectly by this code. "Violation" may also mean civil infraction, except as used in those portions of Chapter 7 and of Chapter 10 that do not use the civil infraction procedure. f) "Civil Infraction" shall mean the failure to comply with a code provision other than certain provisions of Chaoter 7 and Chapter 10 and shall also mean the process of imposing a civil nal under this chapter. References to "uniform infraction" throu out the code other than in certain provisions of Ch_ apter 7 and Chapter 10 shall be deemed to be references to "civil infraction." 1.16.030 Definitions. For the purposes of this chapter, the following definitions shall apply: (a) "Civil Infractions Hearings Officer" means the Municipal Judge or the individual appointed by the Municipal Judge-, with the delegated authority to preside over the code enforcement hearings and to perform the related functions as specified by this chapter. 1.16.040 Use Of Language. As used in this chapter, pronouns indicating the masculine gender shall include the feminine gender, singular pronouns shall include the plural; and "person" shall, where appropriate, include any partnership, corporation, unincorporated association, the state of Oregon, or other entity. (Ord. 86-20 §I(Exhibit A(14)), 1986). (b) "Code Enforcement Officer" means the individual or individuals appointed or designated by the Director of Community Development or the Ck Manager to enforce the provisions of this chapter. (c) "Respondent" means a person charged 1.16.050 Reference To State Law. Any reference to a state statute incorporates into this chapter by reference the statute in effect on the effective date of the ordinance codified in this chapter. (Ord. 86-20 § ] (Exhibit A(11)), 1986). 1-16-2 SE/Code Update: I1/01 TIGARD MUNICIPAL CODE 1.16.060 Culpability-Chapter Provisions Not Exclusive. (a) Acts or omissions to act which are designated as an infraction by any City ordinance do not require a culpable mental state as an element of the infraction. (b) The procedures prescribed by this chapter shall be the exclusive procedures for imposing civil penalties; however, this section shall not be read to prohibit in any way alternative remedies set out in the Tigard Municipal Code which are intended to abate or alleviate code infractions, nor shall the City be prevented from recovering, in any manner prescribed by law, any expense incurred by it in abating or removing ordinance infractions pursuant to any code provision. (Ord. 86-20 §1(Exhibit A(3)), 1986). 1.16.070 Effect Of This Chapter. (a) Citations or complaints issued and filed with the municipal court prior to the effective date of the ordinance codified in this chapter shall be processed in accordance with the provisions in effect at the time the complaint was issued. (b) Nothing in this chapter shall be construed as a waiver of any prior assessment, bail or fine ordered by the municipal court. (Ord. 86-20 § 1(Exhibit A(12)), 1986). 1.16.080 Severability. The provisions of this chapter are severable. If any section, sentence, clause or phase of this chapter is adjudged to be invalid by a court of competent jurisdiction, that decision shall not affect the validity of the remaining portions of the chapter. (Ord. 86-20 § 1(Exhibit A(13)), 1986). 1.16.090 Reports Of Infractions. 1-16-3 SNCode Update: 11/01 Exhibit A All reports of or complaints of infractions covered by this chapter shall be made or referred to the an authorized Code Enforcement Officer. (Ord. 86-20§1(Exhibit A(5)(A), 1986). 1.16.100 Review Of RepoAs Assessment. (a) Assessment. When an alleged infraction is reported to the Code Enforcement Officer, the Code Enforcement Officer shall prvpme - of: the foots and shed review the facts and circumstances surrounding the alleged infraction and if he or she deems it appropriate will proceed with appropriate enforcement actions. (b) Sufficiency of Evidence. The Code Enforcement Officer shall not proceed further with the matter if the Officer determines that there is not sufficient evidence to support the allegation, or if the Officer determines that it is not in the best interest of the City to proceed. (Ord. 86-20 §1 (Exhibit A(5)(B)), 1986). h d d an fe twenty days reeedin the issuanee of t he if p g un eFm 2 9 1.16.180 Notice . Notice of the alleged infraction may be given to the respondent before a tmi€em civil infraction summons and complaint is issued for Glass I an infraction. It is not a prerequisite to the issuance of the summons and complaint, and the giving of notice is at the sole discretion of the. Code Enforcement Officer. (Ord. 86-20 §1(Exhibit TIGARD MUNICIPAL CODE A(5)(C)(2)), 1986). Netiee efthe alleged infiestien shall be given to -th aClass 3 infraction.(Ord 86 20-§ l(EyAtthit 1.16.140 Time To Remedy Infraction After Notice. If a Notice of Violation is iven to a respondent pursuant to this Chapter, the Code Enforcement Officer shall give the respondent a reasonable time to cure or remedy the alleged infraction after the notice is given. The time allowed shall not be less than seven-clays twen - four hours, nor more than thirty days. Where there is an extreme hardship, as determined by the Code Enforcement Officer, the Officer may grant additional time to the respondent. (Ord. 86-20 § I (Exhibit A(5)(C)(4)), 1986). 1.16.150 Immediate Remedial Action Required When. Notwithstanding the remedial time period contained in Section 1.16.140, if the Code Enforcement Officer determines that the alleged infraction presents an immediate danger to the public health, safety or welfare, or that a_y continuance of the violation would allow the respondent to Profit from the violation or would otherwise be offensive to the ublic at large the Officer may require immediate remedial action. If, in such cases, the Code Enforcement Officer is unable to serve a notice of infraction on the respondent or, if after such service the respondent refuses or is unable to remedy the infraction, the City may proceed to remedy the infraction as provided in Section 1.16.340 of this chapter. Exhibit A (Ord. 86-20§I(Exhibit A(5)(CX5)), 1986). 1.16.160 Notice-Methods. If a Notice of Infraction is ig yo to a respondent ursuant to this chapter, service of such notice may be made as follows: (a) A notice of the alleged infraction may be given to the respondent in person by the Code Enforcement Officer. (b) Notice of the alleged infraction may be ig ven by a telephone call to the respondent. If notice is given in this manner, the respondent shall alse be provided with may 1p gjyen, at the code enforcement officer's discretion, a notice of infraction by first class mail sent to his last known address as soon as possible after the initial notice by telephone. (c) A notice of the alleged infraction may be given by mailing to the respondent at his last known address. . (Ord. 86-20 § I (Exhibit A(5)(C)(6)), 1986). (d) A notice of the allied infraction may be ig ven by affixing to the main door of th e ro e or premises. If notice is ig ven in this manner, the Code Enforcement Officer may' at his or her discretion, also rovide the respondent with a notice of infraction by mail sent to the respondent's last known address as soon as possible after the initial notice by posting. 1.16.170 Notice-Computation Of Time Period. (a) Where the notice of infraction is delivered in person; or by telephone the time period shall begin to run immediately upon such delivery. 1-164 SE/Code Update. 11/01 Exhibit A TIGARD MUNICIPAL CODE (b) Where the notice of infraction is mailed to the respondent, for the purposes of computing any time period prescribed by this chapter, notice shall be considered complete three days after such mailing, if the address to which it is mailed is within the state, and seven days after mailing if the address to which it is mailed is outside the state. (c) Where the notice of infraction is affixed to the main door of the ro or premises notice shall be considered complete three days after such affixation. (Ord. 86-20 §1(Exhibit A(5)(Cx7)), 1986). 1.16.180 Notice-Information Required. . The following information shall be included in the notice of infraction if one is given: (a) A description or identification of the activity or condition constituting the alleged infraction, and the identification of the recipient as the respondent; (b) A statement that the Code Enforcement Officer has determined the activity or condition to be an infraction; civil infraction summons and complaint will be issued and a forfeiture in the maximum amount provided for the particular infraction may be imposed. The following information may be included in the notice of infraction at the discretion of the code enforcement officer. Le) An invitation to contact the Code Enforcement Officer to discuss M questions the respondent may have about the alleged violation, the requirements for compliance, and aM possibility of enterin into a voluntary compliance agreement. (Ord. 86-20 §1(Exhibit A(5)(CX8)), 1986). 1.16.190 Failure To Respond To Notice. When If notice is given, and the respondent either receives or rejects the notice of infraction and fails to remedy or cure the alleged infraction within the time specified in the notice of infraction, the Code Enforcement Officer shall. serve the respondent with a uni€eFm civil infraction summons and complaint. (Ord. 86-20 § 1(Exhibit A(5)(C)(9)), 1986). 1.16.200 Voluntary Compliance Agreement. (c) A statement of the action required to remedy or cure the alleged infraction, and the time and date by which the remedy must be completed unless a voluntary compliance agreement is executed; (d) An invit-Atien to paFtieipaie in an infiaetien and the pessibility of the r-espendent ---(e) A statement advising the respondent that if the required remedy is not completed within the time specified and the respondent has not entered into a voluntary compliance agreement, a uni€erm (a) Effect of Agreement. (1) The Code Enforcement Officer may enter into a written voluntary compliance agreement with the respondent. The agreement shall include time limits for compliance and shall be binding on the respondent. (2) The fact that a person alleged to have committed a civil infraction enters into a voluntary compliance agreement shall not be considered an admission of having committed the infraction for any purpose. 1-16-5 SE/Code Update: 11/01 TIGARD MUNICIPAL CODE (3) The City shall abate further processing of the alleged infraction during the time allowed in the voluntary compliance agreement for the completion of the necessary corrective action. The City shall take no further action concerning the alleged violation if all terms of the voluntary compliance agreement are satisfied, other than steps necessary to terminate the waiver enforcement action. (b) Failure to Comply with Agreement. The failure to comply with any term of the voluntary compliance agreement constitutes a an additional and separate Class -1 eivil infraction, and shall be handled in accordance with the procedures established by this chapter, except that after the voluntary compliance ageement has been signed no further notice after the velun", aefripli agreement has been need be given before the a uei€effn civil infraction summons and complaint is issued. The City may also proceed on the alleged infraction that gave rise to the voluntary compliance agreement. (Ord. 86-20 § I (Exhibit A(5)(C)(10)), 1986). Exhibit A expired and the infraction has not been cured. (Ord. 86-20 § 1(1Exhibit A(5)(Dxl)), 1986). 1.16.220 Uaifena--Civil Infraction Summons And Complaint- 11`mm Process Renuirements (a) eemplaint shall eensist of at least three pages. A dFlitienal pages may be inserted fe administrative purpeses. The required pages The physical form taken by a civil infraction summons and complaint is not material. What is material is the substance, the information contained therein. The C~ may utilize various physical formats for the summons and complaint. A "long form" and a "short form" are specifically authorized but other formats may be used. The state uniform citation may be used. Any form prepared by the Cfty should normally contain or solicit the following information, but no complaint or summons shall be considered invalid for failure to comply with these rules, so long as the basic information re ag rding the infraction and the court date is included. (1) The . 1.16.210 Unifemn Civil Infraction Summons And Complaint- Timing. A uni€erm civil infraction summons and complaint may be served on the respondent: (a) Immediately upon discovery of the infraction i f it i r,""" , in ffaeti . (b) Where a notice of infraction is given, when and the response period in the netiee-ef infiaetien violation notification has expired; or (c) Where a voluntary compliance agreement has been executed, whether verbal or written. when the period for compliance has -rhe (3) The statement of foots prepared by the Code Offieer -ursuant (b) The fient of the uniform infiaetien The civil infractions summons and complaint shall contain the following information (1) the Hearings Offieer; The name and address of the respondent-, (2) I he nsrsne and address of tha 1-16-6 SEICode Update: 11/01 TIGARD IVIUNICIPAL, CODE resp A description of the infraction that can be understood by a person malting a reasonab!e effort to do so; (3) The in€iaetie r-with which the r respondent is s s r-eduee the wneunt ef the penalty when paid-by-the r-espendent pu-s-e- 4- subseetien (e)(3) of this seetien. The date, time, and place at which the infraction is alleged to have been committed. If the infraction is alleged to be ongoing, the civil, infractions summons and complaint shall so state and shall list a date on which the infraction was observed. (4) The date, time and plaee at whieh the hearing en the infiaefien is to talie plaae, an explanation of the appee& at th I.. ..a mount elf the C. il.. ; A file or reference number; ht .e fi (5) An expla hearin ith natien of the re ht t th i spondent's t ti g b eeuns g, w el at effienal e o pr e r g th i h esen a on t t y examine p -advars9 witn xpense, e r g a d the o er-ess i ht • eem uls e3 , ee esses, n OF- f t A 4 g e AZ Af p 3 pr ess er th f fees, may be e ehar-ged te inffaetien as a_ . The date the civil infraction summons and complaint was issued; The name of the enforcement officer issuin the citation; (7) The time, date, and location at which the respondent is to appear in court; Exhibit A W A notice that a complaint based on the violation will be filed with the court: The amount of the maximum civil penal for he infraction; 10 An explanation of the respondent's obligation to ap ep_ar at the hearin and that a monetary judgment may be entered for ap to the maximum penalties if the respondent fails to make all required court appearances. A space wherein the respondent many admit having committed the alleged infraction. (2 12) The time period for returning the form to the court; denies havin e emmifted the alle ed inftastien g fmd re uests h g i t t i di--,--l - th q a frent of the ear ng on a e n fl e th f i e seour ,i- ees denial , ; (4.L3) A notice that, if the respondent admits having committed the infraction as charged, payment, in the amount shown on the €Fent,&Phe summons and complaint or as a rg eed with the Code Enforcement Officer pursuant to 1.16.420 of this chapter, as may be appropriate, must accompany the admission. (d) 1-16-7 SVCode Update: 11/01 Exhibit A TIGAID MUNICIPAL CODE 1 Th d t -d me and laae-M ( ) e a e, p -1 n i ti f the d ature time ate and plaee the nu ng a een e i i fi , d b b - , the Cede went en was e aet n 2 T ve y sei d te h ..h:eh t he ` , ) was-issued.; a e he per-sen whe signed the eemplaint the signabdr-e ef that ; (4 14 A form of verification that the person signing the complaint swears that the person has reasonable grounds to believe, and does so believe, that the respondent committed the alleged infraction-e" a true copy of the summons and complaint, together with a statement of the date, time and place at which service was made, must be mailed to the respondent at the respondent's last known address. Service will be considered complete upon such a mailing. Service by any other method reasonably calculated, under all the circumstances, to apprise the respondent of the existence and pendency of the infraction and to afford a reasonable opportunity to respond shall be acceptable. (b) Service on particular respondents, such as minors, incapacitated persons, corporations, limited partnerships, the state, other public bodies and general partnerships shall be as prescribed for the service of a civil summons and complaint by the Oregon Rules of Civil Procedure. (5) A netiee to the fspondent that--a eivii eemplaint has been filed with VP7 ti (Ord. 8641 §§1-4, 1986; Ord. 86-35 §§1-4, 1986; Ord. 86-20 §I(Exhibit A(5)(D)(2)), 1986). 1.16.230 Unifffm Civil Infraction Summons And Complaint- Service-Failure To Receive- Default. (a) Service of the unifeFm civil infraction summons and complaint may be made by personal service on the respondent or an agent for the respondent s; by substitute service at the respondent's dwelling or office; by affixin to the main door of the roe or premises, or by tugistered certified mail, return receipt requested, to the respondent at his last known address. In the event of substitute service at the respondent's dwelling, the person served must be at least fourteen years of age and residing in the respondent's place of abode. Service at the respondent's office, must be made during regular business hours to the person who is apparently in charge. If substitute service is used, (c) No default shall be entered against any respondent without proof that the respondent had notice of the unifeFm civil infraction summons and complaint. A sworn affidavit of the Code Enforcement Officer outlining the method of service, including the date, time and place of service shall create a rebuttable presumption that the respondent had such notice. (Ord. 89-21 §1, 1989: Ord. 86-20 § 1(Exhibit A(5)(D)(3)), 1986). 1.16.240 Uniferet Civil Infractions Summons And Complaint Respondent's Aaswer Response Required. (a) AnsweF Response Required - A respondent served with a unifeFm civil infraction summons and complaint shall answeF respond to the complaint by personally appearing at the scheduled answeF may be made first appearance or by making a written response by mail or personal delivery to the Gede-Eafere weeiked by the Gitywithinten days b) and (a) below court. 1-16-8 SWCode Update. 11/01 Exhibit A "TIGARD MUNICIPAL CODE (b) Admission. (1) If the respondent admits the infraction, the respondent may eemplete the so indicate on the beele e€eaeh summons and forward the form to the court. Payment in the amount of the civil penalty for the infraction, as shown on the €rent ef the summons or as agreed with the Code Enforcement Officer pursuant to section 1.16.420 of this chapter, shall be submitted with the ensweF response. An appropriate er-der findings shall be entered in the records of the Civil Infraction Hearings Officer indicating the receipt of the civil penalty. e the (2)-~4-per~er}--vvhe-edn}its .e n infiaetien shall have ten days ftem the date the anmant e€ -irnemay be speei€red: (c) Denial. First Appearance If the respondent does not admit the infraction, the respondent must appear at the scheduled first appearance. At the first appearance, the respondent may deny the infraction and re uest a hearing, admit the infraction, or not contest the inf-4etion. If the respondent either admits or does not contest the infraction the respondent shall be given the opportunity to rp ovide a statement. Based on the statement provided by the respondent and a_y additional information provided by the Code Enforcement Officer, the Civil Infractions Hearings Officer shall impose a anal not to exceed the maximum enal allowed for the infraction. If the respondent requests a hearin a hearing shall be scheduled. 1-16-9 tegOthff Wit h the #e 4.e > > t d Th h ll b fees r-eeeived e e en ere . s a d t t h ll b ent the en his u e e re urne s a pend p eflep te- 2 Th . i t fees be waive ( ) - e y n li ti f th d nt Th e app ea on o e Fespen e . n 4 1996 -a 86 3 19 5 §S 86 86 20 Ord 1 0 ; s' (Eiihibit n (c) Firn , ; . 1.16.250 No Right To Jury. Any hearing to determine whether an infraction has been committed shall be held before the Civil Infraction Hearings Officer without a jury. (Ord. 86-20 § I (Exhibit A(5XF)(1)), 1986). 1.16.260 Representation By Counsel. The respondent may be represented by legal counsel; however, legal counsel shall not be provided at public expense. if legal-ee nsel-is-te appear-wWritten notice shall be provided to the Hearings Officer and Code Enforcement Officer no later than five days prior to the hearing date gay appearance by legal counsel at an appearance or hearing. (Ord. 86-20 § I (Exhibit A(5)(Fx2)), 1986). 1.16.270 Opportunity To Be Heard- Cross-Examination. At a hearing The a respondent shall have the right to present evidence and witnesses in the respondent's favor, to. cross-examine any witnesses who testify against the respondent, and SWCode Update. 11/01 Exhibit A TIGARD MUNICIPAL CODE to submit rebuttal evidence. (Ord. 86-20 §I(Exhibit A(5)(FX3)),1986). 1.16.280 Witnesses. (a) The respondent may request that witnesses be ordered by subpoena to appear at the hearing. The respondent shall make such request in writing to the Hear-ings Offleer- at the time the answer-:9 Fetumed, er- subsequently by ma . time court at least five days prior to the scheduled hearing. Adeposit -fer- eaeb witness shall aseempmw the feffinded if no eivil penalty is assessed by the final be in the ameunt equal te the witwss-fee 1pFeseAbed by state statute fer- witnesses in eir-e eeuA. (b) Subject to the same five-day limitation, the Code Enforcement Officer, the citizen who signed the complaint, or the City Attorney, as appropriate, may also request in writing that the HeaFings-OffieeF court order certain witnesses to appear by subpoena. If a civil penalty is declared in the final order, the order shall also provide that the respondent shall pay any witness fees payable in connection with the hearing. (Ord. 86-20 § I (Exhibit A(5)(F)(4)), 1986). 1.16.290 Hearing-Admissible Evidence. (a) Admissible Evidence. (1) Relevant Evidence. The hearing shall be limited to production of evidence only on the infraction alleged in the complaint. (2) Oral Evidence. Oral evidence shall be taken only upon oath or affirmation administered by the Civil Infractions Hearings Officer. Evidence shall be admitted if it is of the type which responsible persons are accustomed to rely on in the conduct of serious affairs, regardless of the existence of any common law or statutory rule which might render such evidence inadmissible in civil actions in courts of competent jurisdiction in this state. (4) Exclusion of Evidence. Irrelevant or unduly repetitions evidence shall be excluded. (b) Burden of Proof. The complainant or, if the City is the complainant, the Code Enforcement Officer, shall have the burden of proving the alleged civil infraction by a preponderance of the evidence. (Ord. 86-20 § 1(Exhibit A(SXFx5) and (6)), 1986) . 1.16300 Hearing--Decision By Hearings Officer. The Hearings Officer shall determine if the respondent committed the infraction as alleged in the complaint. When the infraction has not been proven, a written order dismissing the complaint shall be entered in the court reeerd3--ef 9 Heaiflgs-Aff®er-. When the Hearings Officer finds that the infraction was committed, a written order findings shall be prepared which sets out sufficient information to substantiate the commission of the infraction. Written orders, including fin ings, shall be prepared within ten working days of the oral decision. A sepy-ef the the res Code Enfer-eamen Afi'aP P. nThe court shall serve true copies of the Hearings Officer's findings, order and judganent on all parties, either personally or by mail. (Ord. 89-21 §2, 1989: Ord. 86-20 § 1(Exhibit A(5XFx7)), 1986). 1.16305 Civil Penalty-Abatement Requirements. (3) Admissibility of Evidence. 1-16-10 SE/Code Update: 11/01 Exhibit A TIGARD MUNICIPAL CODE Upon a finding that the infraction was committed by the respondent, the Hearings Officer may require the respondent to abate the ordinance . infraction within a specified time period identified in the final order. (Ord. 89-21 §3, 1989). 1.16.310 Civil Penalty-Assessment Of Fees. Upon a finding that the infraction was committed by the respondent, the Hearings Officer may assess a civil penalty pursuant to Sections 1.16.380 through 1.16.420 of this chapter, plus hearing costs and witness fees, if any. (Ord. 86-20 § I (Exhibit A(5)(F)(8)), 1986). 1.16.320 Hearing-Records. The Hef;-o~ court shall maintain a record of the hearin proceedings. A mechanical recording of the hearing, accompanied by any written documents, correspondence or physical evidence associated with the matter, shall be sufficient to meet the requirements of this section. (Ord. 86-20 §l(Exhibit A(5)(F)(9)), 1986). 1.16330 Finality Of Decision-Appeals- The determination of the Hearings Officer shall be final. Review of the Hearing Officer's determination shall be to the circuit court by writ of review, pursuant to Chapter 34 of the Oregon Revised Statutes. (Ord. 86-20 §1(Exhibit A(5)(F)(10)), 1986). 1.16340 Remedial Action By City- Costs. (a) Upon finding that an infraction was committed, as determined by a final decision of the Hearings Officer, the City may, after obtaining a warrant to enter the property and abate the infraction, remedy the infraction and charge the remedial costs back to the respondent. For the purposes of this subsection "a final decision of the Hearings Officer" means a final decision for which judicial review was not sought within the time allowed by law or a decision of the Hearings Officer that was upheld by a final decision in the judicial review and appeal process. (b) In the case of an immediate danger to the public health, safety or welfare declared under Section 1.16.150 of this code, the City may remedy the infraction and charge the remedial cost back to the respondent, after obtaining a warrant to enter the property and abate the infraction. If the immediate danger constitutes an emergency threatening immediate death or physical injury to persons, the City may abate the infraction without obtaining a warrant if the delay associated with obtaining the warrant would result in increased risk of death or injury, and may charge the remedial costs back to the respondent. (c) The Code Enforcement Officer shall have the right at reasonable times to enter into or upon property in accordance with law to investigate or to remedy the infraction. This provision does not authorize a warrantless entry when a warrant is required by state. or federal law. (d) The Finance Officer shall keep an accurate record of all the costs incurred by the City in remedying the infraction. The Finance Officer shall notify the respondent by certified mail, return receipt requested, of these costs, and advise the respondent that the costs will be assessed to and become a lien against the respondent's property if not paid within thirty days of the notice, and shall further notify the respondent that the respondent is entitled to a hearing to contest the amount of the costs to be assessed. (e) The respondent shall be entitled to request that he G Ae--EflfeF8effKwA-0ffie(W 1-16-11 SE/Code Update: 11/01 TIGARD MUNICIPAL CODE sehedule a hearing to consider the amount of the costs assessed to remedy the alleged infraction. That hearing shall be conducted pursuant to the procedures established in Sections 1.16.250 through 1. 16.330 of this chapter. (f) If the remedial costs are not paid, the Finance Officer shall follow the procedures for lien filing and docketing as contained in Section 1.16.370 of this chapter. (Ord. 99-01; Ord. 86-20 a71(Exhibit A(6)),1986). 1.16.350 Default Judgment. Subject to the limitations set forth in Section 1.16.230(c), a default judgment shall be entered €ei: in an amount uo to the maximum civil penalty applicable to the charged infraction if the respondent fails to appear at the scheduled hearing. if the Fespendent fails to appear- far- the L- shall be-feffeited te-the C%- (Ord. 86-20 § 1(Exhibit A(7)), 1986). 1.16360 Enforcement-Rules And Regulations. The Code Enforcement Officer is authorized to promulgate any rules he or she considers necessary to enforce this chapter. To be effective, such rules must be approved by the City Council by resolution. (Ord. 86-20 § 1(Exhibit A(10)), 1986). 1.16370 Lien Filing And Docketing. (a) When a judgment is rendered by the Hearings Officer in favor of the City for the sum of ten dollars or more, exclusive of costs and disbursements, the Code Enforcement Officer shall, at any time thereafter while the judgment is enforceable, file with the City Finance Officer a certified transcript of all those entries made in the docket of the Hearings Officer with respect to the action in which the judgment was entered. Exhibit A (b) Upon receipt of this transcript, the Finance Officer shall enter the judgment of the Hearings Officer on the City's lien docket. (c) From the time of entry of the judgment on the City's lien docket, the judgment shall be a lien upon the real property of the person against whom the judgment was entered in the hearing. Except as provided in subsection (d) of this section, entry of the judgment in the City's lien docket shall not thereby extend the lien of the judgment more than ten years from the original entry of the judgment at the hearing. (d) Whenever a judgment of the Hearings Officer which has been entered pursuant to this subsection is renewed by the Hearings Officer, the lien established by subsection (c) of this section is automatically extended ten years from the date of the renewal order. (e) The Finance Officer shall file the transcript of the judgment with the Washington County clerk for entry in the judgment docket of the circuit court. All costs associated with the filing of the transcript shall be added to the amount of the judgment. (Ord. 86-20 §1(Exhibit A(9)), 1986). 1.16380 Continuous Infractions. When an infraction is of continuous nature, unless otherwise specifically provided, a separate infraction shall be deemed to occur on each calendar day the infraction continues to exist. (Ord. 86-20 § 1(Exhibit A(8j(A)), 1986). 1.16385 Failure To Comply With Judgment Order. Failure to abate an infraction or pay the civil penalty or court costs imposed within the time allowed for abatement or payment shall constitute 1-16-12 SFJCode Update: 11/01 Exhibit A TIGARD MUNICIPAL CODE a Class I civil infraction. Failure to comply with a judgment order is a continuous infraction and a separate infraction will be deemed to occur each calendar day the failure to comply infraction continues to exist past the time allowed in the judgment order. (Ord. 89-21 §4, 1989). 1.16.390 Penalty Payment Due When. Any civil penalty assessed shall be paid no later than thirty days after the final order. Such period may be extefided upon order of the Hearings Officer. (Ord. 86-20 §1(Exhibit A(8)(B)), 1986). 1.16.400 Penalty-Classifications. For the purpose of determining civil penalties, infractions are classified in the following categories: (a) Class 1 infractions; (b) Class 2 infractions; (c) Class 3 infractions. (Ord. 86-20 § I (Exhibit A(8XC)), 1986). 1.16.410 Penalty-Assessment. The civil penalty to be assessed for a specific infraction shall be as follows: (a) For Class 1 infractions, an amount not to exceed two hundred fifty dollars; (b) For Class 2 infractions, an amount not to exceed one hundred fifty dollars; (c) For Class 3 infractions, an amount not to exceed fifty dollars. (Ord. 86-20 § I (Exhibit A(8)(D)), 1986). 1-16-13 1.16.415 Penal _ Repeat Violations. The maximum amounts of the civil penalties set forth in section 1. 16.410 above shall be doubled in the event that the respondent is found in violation of a second and similar violation within 24- months of the initial violation and quadrupled in the event of a third or subsequent repetition within 24-months of the initial violation. 1.16.420 Penal - Prior to Hearing-, The Code Enforcement Officer is authorized to reduce the amount of the enal to be paid by the respondent, if the enal amount is paid in full on or before the time and date of the first appearance. 1.16.420 5 Delinquent Civil Penalties. Delinquent civil penalties and those imposed by default judgment which were assessed for infractions may, in addition to any other method, be collected or enforced pursuant to Oregon Revised Statutes 30.310. (Ord. 86-20 §I(Exhibit A(8)(E)), 1986).® SEICode Update. 11/01 AGENDA ITEM # 5iU PiSIV CNI FOR AGENDA OF 7/9/02 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Briefing on the Urban Growth Bound w Process by Metro Staff M Revi e PREPARED BY: Barbara Shields DEPT HEAD OK ie l ~'T CITY MGR OK~ I V ° ' " ISSUE BEFORE THE COUNCIL Metro planners will present an update on Metro's review of the Urban Growth Boundary (UGB). Metro is currently reviewing the 20-year land capacity of the UGB and assessing potential expansion sites. Three of these sites are near Tigard boundaries; the attached memo reviews issues associated with this potential expansion. The Metro presentation will provide an overview of the issues, process and schedule for a final decision (expected in December 2002). STAFF RECOMMENDATION No action necessary. INFORMATION SUMMARY Over the last year, Metro has been analyzing the current urban growth boundary's ability to absorb projected employment and population growth for the next 20 years. State law requires Metro to maintain a 20-year supply of urbanizable land in the UGB, and Metro must demonstrate this capacity every 5 years and designate future expansion lands if needed. There are 80,000 acres under review for the entire region. Metro classified these potential UGB expansion lands in order of priority, based on farm and forest land preservation. Near Tigard's boundaries, there are 644 acres classified in the top Tier, or the first group of lands to be considered for expansion. The two sites west of Bull Mountain are of the most interest to the City, which comprise 479 acres; the third site would be better served by King City. The attached memo discusses potential impacts of the UGB expansion on Tigard (Attachment 1). In its final decision, Metro will consider 1) population and employment forecasts; 2) housing supply/demand, forecast; 3) estimated growth in Regional and Town Centers; 4) need and land types for industrial land; 5) acres for open space, parks. Mike Burton, Metro's executive officer, will present to Metro Council his recommendation regarding any UGB land expansion on August ls`. Metro Council will then hold hearings in October. OTHER ALTERNATIVES CONSIDERED N/A VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY Growth and Growth Management Goal #1: Growth while protecting the character and livability of new and established areas while providing for natural environment and open space throughout the community. Growth and Growth Management Goal Urban services are provided to all citizens within Tigard's urban growth boundary and recipients of services pay their share. ATTACHMENT LIST Attachment 1: Memo with Exhibits "A," "B," and "C." FISCAL NOTES N/A Attachment 1 LsNk razamm CITY OF TIGARD Community Development Shaping A Better Community MEMORANDUM CITY OF TIGARD TO: Mayor Griffith and City Council FROM: Jim Hendryx DATE: June 26, 2002 SUBJECT: Metro presentation on 7/9/02 At the July 9th Council Meeting, Metro planners will present an update on Metro's review of the Urban Growth Boundary (UGB). Metro is currently reviewing the 20-year land capacity of the UGB and assessing potential expansion sites, and Metro planners are visiting with metro-area City Councils to review this process with local officials. The objective of this memo is to review potential impacts of the UGB expansion on Tigard. According to Metro's correspondence, the July 9th presentation will allow for the following (Exhibits A and B • an overview of the issues, process and schedule for a final decision (expected in Dec.2002); • Council comment on the expansion's potential effects on Tigard. Three of the possible UGB expansion sites lie near Tigard's borders. Please see attached map for locations (Exhibit C). The two sites west of Bull Mountain are of the most interest to the City; the third site would be better served by King City. Upon review of these two parcels, we find three primary issues that Metro will need to consider as it completes its UGB analysis and examines these specific parcels: 1) Allow for parks acreage in the expansion areas when projecting future densities. The two sites comprise 479 acres. Metro has not indicated the type and level of development for these areas. However, if this area were to develop as single-family homes at R-7 density, it would require approximately 63 acres of parkland at City standards. Metro will need to allow for a significant amount of parkland in this specific area to maintain the City's standards and future residents' quality of life. 2) Allocate acreage for parks-deficient Bull Mountain in the expansion areas. The adjacent unincorporated Bull Mountain area is park deficient. If this area is annexed, it would be park deficient in the range of approximately 60 acres today to 98 in the future, according to the Nov. 2001 Bull Mountain Annexation Study. These numbers are based on current City park standards of 7.6 acres per 1000 residents. Considering the high land costs in the area, acquiring land in the Bull Mountain area may be costly and difficult. Therefore, the expansion lands would offer a more cost- effective alternative for siting the area's parks. Without this allowance, this parks deficiency will continue for Bull Mountain residents. Combined with the expansion areas' estimated need for parks, Metro must allow for a significant amount of parkland in the expansion areas to maintain the City's standards and future residents' quality of life. 3) Create a mechanism to pay for parks in expansion areas. This issue raises the most concern for both current and future unincorporated areas. Because the City now can only charge systems development charges (SDCs) for new development within its limits, no money is collected for parks in unincorporated areas. While the City loses hundreds of thousands of dollars for park development, it also loses the chance to acquire land when prices are lower and its money can go farther. Metro should consider establishing mechanisms to help local park providers collect SDCs in expansion areas during the period between inclusion in the UGB and annexation. This will allow local jurisdictions to land bank when prices are lower and to adequately plan for future parks. Exhibit List: Exhibit A: Letter from Mike Burton at Metro dated 5/10/02 Exhibit B: Presentation Outline - Letter from Metro dated 6/13/02 Exhibit C: Map of potential expansion sites near Tigard 600 NORTHEAST GRAND AVENUE I PORILAN O, OREGON 97232 2736 TEL S03 7 9 7 1 7 0 0 F A X S 0 3 7 9 7 1 7 9 7 M ETRO May 10, 2002 The Honorable Jim Griffith Mayor of The City of Tigard 11825 SW Greenburg Road, Suite A3 Tigard, OR 97223-6460 Dear EXHIBIT "A" As Metro s ff and I begin to prepare a draft recommendation for the Metro Council to consider t i fall, I want to offer you the opportunity to be briefed on the issues, process and schedu of the ongoing urban growth boundary periodic review work. I would like to schedule a meeting between you, your council and representatives of the Metro's Planning Department staff in June to discuss these issues. A member of the Metro staff will be calling you in the next few days to set up a meeting. 1 appreciate you taking time to think about how a possible urban growth boundary decision might impact on your community and how we can make our regional community a better place to live. Your feedback is important to help shape Metro's work program and future Metro Policy Advisory Committee and Metro Council decisions. cerel , ike Burton Metro Executive Officer cc: Planning Director EXHIBIT "B" Juner 13, 2002 Ms. Barbara Shields Long Range Planning Manager City of Tigard 13125 S. W. Hall Boulevard Tigard, OR 97223 Regarding: City of Tigard briefing - UG13 Periodic Review Process - June 2002 Dear Ms. Shields: Metro staff, Principle Planner Lydia Neill and Senior Planner Brenda Bernards, will present an update on Metro's Periodic Review of the urban growth boundary to the Tigard City Council on July 9, 2002 at 6:30pm. Metro is currently reviewing the 20-year land capacity of the urban growth boundary and assessing the suitable of lands for future urbanization. Mike Burton, Metro's Executive Officer, will present his recommendation to the Metro Council regarding an urban growth boundary addition and changes to growth management policies on August 1 st. The Metro Council will conduct hearings in October and make a final decision by December 2002. The staff presentation on July 9th will be about 15 to 20 minutes long and will cover the following information: State Requirements ORS 197 Priority of lands 20 year supply Identifying efficiencies inside he UGB Goal 14 - which are the bbst lands for urbanization Efficiency Locational factors Agricultural land Compatibility 2040 Overview Complete Communities Importance of Centers Multi-modal transportation. system Safe and stable neighborhoods Land for jobs near housing Periodic Review Process Timeline Open Houses Hearings in the fall Final decision December Thank you for the opportunity to come before the City Council. Sincerely, Mary A. Weber, Manager Community Development Metro PYI•IIRIT •'C•• s ~e i~ •I ~ _ - Z I- { "1~(I X10; ~ ~ b~ la 0 135TH AVM, '-+ti1 ~ .O of • ~ _ -•j ! . _ - ~ - 99W '......1s,.• -Iiti~ ~i ► j I Sr AVE` 21 ST- , . ® - - - ,Z j Cl) 10. a, 113 , F' I' ~ d d WNW j ~aNW ; 3' .r a ri a z d p ~f 10 e ~ H r Mz uGe ~ -o-n -7181©2. AGENDA ITEM! NO. 2 e VISITOR'S AGENDA DATE : JULY J, 2002 (Limited to 2 ifilnutes or less, please) Please sign on tho 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 PA-VoL C-i-obr-pule .OP VISITOR'S AGENDA Page 1 AGENDA ITEM # 3, T W FOR AGENDA OF July 9.2 02 MEMORANDUM CITY OF TIGARD, OREGON TO: Mayor and Council FROM: Greer Gaston DATE: June 27, 2002 SUBJECT: Three-Month Council Calendar Regularly scheduled Council Meetings are marked with an asterisk July 4 Thurs July 4th Holiday - City Offices Closed 9 * Tues Council Meeting - 6:30 p.m. Business Meeting with Study Session 16 * Tues Council Workshop Meeting - 6:30 p.m. 23 * Tues Council Meeting - 6:30 p.m. Business Meeting with Study Session August 13 * Tues Council Meeting - 6:30 p.m. Business Meeting with Study Session 20 * Tues Council Workshop Meeting - 6:30 p.m. 27 * Tues Council Meeting - 6:30 p.m. Business Meeting with Study Session September 2 Mon Labor Day Holiday - City Offices Closed 10 * Tues Council Meeting - 6:30 p.m. Business Meeting with Study Session 17 * Tues Council Workshop Meeting - 6:30 p.m. 24 * Tues Council Meeting - 6:30 p.m. Business Meeting with Study Session I:WDM\GREER\CITY COUNCIL\3 MONTH CALENDARMOC Agenda Item No. 3. 2.6 Meeting of 7-9-02- N N z 0 N ~ CD * p a C .0 y ° " S CD l99 ON 7 w CD C 3 Cp § C 9 » O I I _ > > _ N ~7 w CpCl~ p y 3 7 N w p~j ty N S CD C~ to B O v m c o v R c a d m w w w cn 0 Z cD tD tD o Z x_ y w w z .Oo o 'o y N tD CD 7 3 0 » 7 3 7 cr > 0 0 r 0 10 c w 0 c a to O c ~ w 3 2 3 0 °3 @ = m w ~ < (D 13) (B o. w y (D CD M > c a > y > CD n, o o ~ 0 CD j3 (A CD Z.! (j) m CD c. to w m a ~ ~ r y m a m to r. ° w a to = ~ C/) c 0 o y o N w c N p ~ N D w d O p N M ° ~~Wpp = 'a W n Z C 0 p p t~f M y N ° w m W D c w 3 y i m„ ? CD m t w CD c o v o 3 cr o 5 u y to c- m o cr. y X p w a Z C A CD 3 ~ ' ? W c y m -I ca. c - 9 ~ n n M o ?CD - ° 0 c ° Z ° ~ o n 3 Tr c a 3, sp 'o m > ' > d 3 7 a ~ ° d p w 9 p N t0 W a ' 3 5 m » m m f 0 ~ c c v, v ` 0 w y 0 'C "D 0 @ c - n n w C y O CW O w p p CL C p C CD a W CD = ° t0 a. n 0 - - - r O O 7 H A 3 N tp CD N , N s a CA CD CD N T N C/) 3 CD 7 CD CD p c = W O N A cf. w C N CE C04 -p CD y a C D p a' y C w ~ w ' O C N C CD W 7" w 7 0 to N . 7 CJf p 'CD i c C D y d CD w .W► O G ~ p d co 3 ~ w a w D c CL w 3 w - m \ y 0 7 C 7 w D C w p d f0 p m ? O to m CO N c a w ~ CD C/) 3 a C D ~ M o - ~ m CAD 3 U3 w ° a CL 7 N CQ Q ° ° 3 3 6) 3 ' CD I CD cn r c- tD p 7 0 ° j N _ 3 CD 3 CL 0 0 a CD " CD T _3. L J 7 - I ~ m E) d N 0 Z D CD 0 Q ~ tv n. T w CD CD CA N N O N -o m co CD ` C C LL u y 7 3 of o O Z $ CD c~u r a. R Qo o N C CD V? W N CL > A) (No ~ o 0 m 3 i a U3 m v g y $ m 7 m 0 CD m c O 3 CD n w ' 0) (D U C 0 O W 7 W = M C C/) M w L y a O CD C D w 3 ~ D OO r, ~ c~ f o CA c 0 N O 'O O c O 'a O O y 2, 7 D. 3 7 3 3 7 o • D 7 a ' 'c 3 N . K oo N 7 ~ ~ p C y a y W V7 C , N 3 p N H m c > > o m p y CA 0 CD 3 . y d C" y N o C , Z CD 02 CD to 13 3 r N a' > q D OQ 9 7 CD tl7 S. CD CD CD o W a CD m D fn Z G ~ CD O O < ro 7 a e p L CD U) CL .•r 1 N C a , ' N y O • 0 d Q c m , a w v~, D CC 0 CA g a se o N ~ _ O , y CCP ~ Cl) O O p O 3 W y N y Go N j Z C CD 7 7 fn = , CD O O FL O CCDD y a to CA !j a to G1 C 0) CD D to ( ~ 7 y CD CL 0 3 CD r a' m U3 C= C 3 cr 0 b o. CD CD -a 5r n -k < 3 to ® w 'p y y ~ j o n m d 3 i m c 0 cD . ni 9) o p C d m v , o a 0 5;2 • CD 1 O m 3 o CD m N ~ n 3 m 5 ca F a m o , I L I ~--i co N Q CD o D~ CD 0 M 0. N AGENDA ITEM # 0- FOR AGENDA OF July 9.2002 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE: Award of Contract for the Construction of O'Mara Street - Sanitary Sewer M✓ W f PREPARED BY: Vannie Nowen DEPT HEAD OK: A.P. Duenas CITY MGR OK: Bi ISSUE BEFORE THE COUNCIL Shall the Local Contract Review Board approve the contract award for the construction of O'Mara Street - Sanitary Sewer Reimbursement District No. 23? STAFF RECOMMENDATION Staff recommends that the Local Contract Review Board, by motion, approve the contract award to Fisher Construction, Inc. in the amount of $51,355.00. INFORMATION SUMMARY The proposed project would provide sewer service to 7 lots along O'Mara Street west of Chelsea Loop through Sewer Reimbursement District No. 23 of the Neighborhood Sewer Extension Program. Through this program, the City would install public sewer to each lot within the Reimbursement District and the owners would reimburse the City for a fair share of the cost of the public sewer at the time of connection to the sewer. In addition, each owner would be required to pay a connection fee of $2,335 before connecting to the line. Each owner would also be responsible for disconnecting the septic system according to County rules and any other plumbing modifications necessary to connect to the public line. Council authorized formation of Sewer Reimbursement District No. 23 by approving Resolution No. 02-28 on April 9, 2002. The bid opening for the O'Mara - Sanitary Sewer Reimbursement project was conducted on June 17, 2002. The bid results are: Fisher Construction Lake Oswego, Oregon $51,358.00 Miller & Sons Contractors Sherwood, Oregon $53,842.20 Dunn Construction Portland, Oregon $67,008.00 Engineer's Estimate $50,300 ERED OTHER ALTERNATIVES CONSID None VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY None ATTACHMENT LIST Project location map FISCAL NOTES The amount of $2,000,000 has been set aside in the approved FY 2002-03 budget for the Neighborhood and Commercial Area Sewer Extension Program. This funding is adequate to award a contract of $51,358.00 to Fisher Construction. 1*.%dtywlde%sumtagends summary for dmera street - sewer district 23.doo CL 0 (n O I- M J Z N W L!J W F- cn > c~ LLJM~ U~o aLLJ z 3:: W w~~ NAM ~Q~ W O -o.N;ac z AGENDA ITEM # -1 FOR AGENDA OF July 9.2002 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE _Inform City Council regarding City of Tigard "Celebrate Our Community" events on September 11 and 14, PREPARED BY: Susan Koepping ~1~ DEPT HEAD OK~Y MGR OK VW ISSUE BEFORE THE COUNCIL Council will be informed of the proposed community event on September 11, and volunteer activities on September 14, 2002 as part of "Celebrate Our Community". STAFF RECOMMENDATION Provide direction regarding the proposed event and volunteer events on September 11 and 14. INFORMATION SUMMARY Events of September 11, 2001 impacted local communities, including Tigard, in addition to the devastation and tragedy experienced in New York City and Washington D.C. Plans are being made nationally and locally to provide opportunities to respectfully commemorate the first anniversary of that date. There will be a variety of events on Wednesday, September 11, and volunteer projects in local communities September 11- September 14. The City of Tigard staff has done some preliminary planning for a community gathering in the evening of September 11 at Cook Park and for volunteer opportunities on Saturday, September 14. Three volunteer projects are set on 10 at Summerlake Park, The most significant activity on September 14th would be planting a grove to trees in Summerlake Park which would serve as a permanent commemoration of this event and a tribute to the Tigard community. Other volunteer activities would include planting trees and shrubs in Fanno Creek Park and improving the riparian area. A memo providing more details is attached. OTHER ALTERNATIVES CONSIDERED City of Tigard could have no community event on September 11 and the September 14 volunteer activities could go on unrelated to "Commemorate our Community". VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY Vision Community Character and Quality of Life Goal: City will maximize the effectiveness of the volunteer spirit to accomplish the greatest good for our community. ATTACHMENT LIST Memo from Susan Koepping to Bill Monahan and Liz Newton. FISCAL NOTES MEMORANDUM TO: Bill Monahan, Liz Newton FROM: Susan Koepping RE: September 11, 2001 "Celebrate Our Community" DATE: June 27, 2002 A little background: Plans are in progress nationally and locally to commemorate September 11, 2001. Various events and activities are taking shape in the Portland metropolitan area. The intent of all the events and activities is a respectful commemoration of the events on September 11, 2001 and a commitment to our local communities. There are two focuses: 1. Commemorative ceremonies on Wednesday, September 11 2. Volunteer opportunities September 11 -14 CEREMONIES Portland Metropolitan Area Commemorative ceremonies on Wednesday, September 11. Those will occur throughout the day in various communities throughout Clark, Clackamas, Multnomah and Washington Counties. A steering committee of local agencies and organizations headed by United Way is already in place and actively involved in planning. • Early morning events will be primarily faith-based. • Mid-day activities will focus primarily on youth • Evening events will focus on bringing communities together. The major event will be in Pioneer Square in Portland and will televised by NBC/KGW (Channel 8) from 7:00p.m.- 8:00p.m. KGW plans to shift their programming at 8:00p.m. to broadcast national ceremonies primarily from New York and Washington DC. Tigard Community Wednesday, September 11 1. Early morning faith-based activities. United Methodist Church is involved in planning. 2. Mid- day activities will focus on youth and are being planned by Tigard-Tualatin School District with a focus on police and fire fighters and community safety. The school district would work with the Tigard police and TVF&R on the activities. 3. Evening See following City of Tigard Wednesday, September 19 The City of Tigard could provide an opportunity for community people to gather at Cook Park in the evening Sept. 1, 7:00p.m. - 8:p.m. The purpose of this event would be to allow local residents to gather in their own community to commemorate September 11 and "everyday heroes". King City has expressed an interest in sharing in this event. This event might include: • Tualatin Valley Community Band with a short program of patriotic songs. • Tigard High School Band • Readings commemorating heroes, including everyday heroes • A candle lit moment of silence. • A large benner with a tribute to everyday heroes to be signed by anyone who wishes to do so. This banner would then be displayed at City Hall. VOLUNTEER ACTIVITIES City of Tigard Saturday, Sept. 14. That date had already been selected as one of the annual community volunteer involvement dates in Tigard. The City usually has 2-3 volunteer projects on those dates and will do that again this year. These activities will provide opportunities for people to act on the second focus of "Celebrate our Community" by volunteering in their community. The planned activities will be • Planting a grove of trees in Summerlake Park (See following paragraph.) • Planting trees and shrubs in Fanno Creek Park as part of the plan for that area. • Remove invasive plant species from the riparian area on Derry Dell Creek near Genesis Loop. This is the final clearing project. Planting native trees and shrubs will begin in October. "Celebrate Our Community" will likely become an annual commemorative day or week. In keeping with that long-term focus, one volunteer activity on Saturday, September 14 will be the establishment of a permanent memorial such as planting a grove of trees. Dan Plaza and the Parks staff have identified an appropriate place in Summerlake Park near the intersection of Winterlake Drive and 128th Street. A permanent marker such as a large stone and an inscribed plaque could be set at the edge of the grove. \\TIG333\USR\DEPTS\ADM\SUSANK\CELEBRATE COMMUMCOUNCIL MEMO.DOC AGENDA ITEM # FOR AGENDA OF July 9 .2002 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Police Department Presentation PREPARED BY: Ronald D. C odpaster DEPT HEAD OK - CITY MGR OK/Y1 e ISSUE BEFORE THE COUNCIL Issue before the Council is to receive information regarding the activities of the Police Department for the past fiscal year. STAFF RECOMMENDATION No action is necessary. INFORMATION SUMMARY The Department has prepared this presentation for your review regarding the activities of the Police Department and the showing of some of the special programs. OTHER ALTERNATIVES CONSIDERED VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY Information related to the Vision Task Force for Public Safety under the Tigard Visioning Plan. ATTACHMENT LIST None. FISCAL NOTES None. Chief Ron Goodpaster Tigard Police Deaartment Chief Ron Goodpaster City of Tigard Department Mission The mission of the Tigard Police Department is to preserve life, protect property and defend human rights, while partnering with the community to improve the overall quality of life. 7/2/2002 Department Profile v Three Divisions *Administration *Operations *Support Services Administration Responsible for the administration and management of the Department Prevents and suppresses crime through innovative and functional programming Preserves police resources through f, Ise alarm ordinance administration, Tigard Police Department Chief Ron Goodpaster Administration Administration Nearly 99 ZERO percent of Aaammmrw alarms reported to police are false Implemented ^P policy that i resulted in 14 percent decrease since 2001 Police Operations Patrol Division solves community problems and forms community partnerships The Traffic Unit strives to maintain safe vehicular traffic throughout the city 7/2/2002 Administration o Encouraging citizen involvement and input Patrol Division Targets crime and traffic problems in the community a Deploys resources to solve targeted problems Tigard Police Department 2 Chief Ron Goodpaster 7/2/2002 Patrol Calls For Service 'A r o 1999 34212 2000 38212 2001 39000 Traffic Unit Traffic "calming" methods to help make Tigard streets safer Police Support Services u Detective Unit and Special Investigations m Gang and Narcotic Enforcement Records Property and Evidence Tigard Police Department Traffic Unit Ensuring compliance to traffic laws by continual monitoring 3 Chief Ron Goodpaster Gang Enforcement Better enabling of r^. • sy~ gang awareness through i combined efforts with other law enforcement jurisdictions School Resource Officer Property and Evidence Maintains control and integrity of evidence and recovered property Assists with ' property recovery and the seizing of y r$ evidence in search warrants r' 7/2/2002 Gang Enforcement Target and suppress gang activity througr enforcement and education Records over 9000 reports ' processed Electronically stores and maintains all reports Processes all record r requests from the public and others Mouth Services Administers Peer Court and Youth Court Provides D.A.R.E. Summer Camp to juveniles in the community Supports additional school resources Tigard Police Department 4 Chief Ron Goodpaster Community Policing Efforts • Ongoing projects Fostering community partners Community Policing t , r We have formed a 20 partnership n , with the Tigard Central Business District 7/2/2002 Reserve Police Volunteers Tigard Police Reserves -.3ppM1 Or contribute hundreds of hours of service to Tigard every c ssa, month. Tigard Police Department AGENDA ITEM No. 6 Date: July S, 2002 PUB"LIC HEARING (LEGISLATIVE) TESTIMONY SIGN-UP SHEETS Please sign on the following page(s) if you wish to testify before City Council one CONSIDER AN ORDINANCE REPEALING TIGARD MUNICIPAL CODE CHAPTER 11.05 PERTAINING TO RESIDUAL SOLID WASTE Due to Time Constraints City Council May Impose A Time Limit on Testimony IAADM\GREER\CCSIGNUP\PH TESTIMONY LEG.DOC AGENDA ITEM No. 6 Date: July 9, 2002 PLEASE PRINT - (Speaking In Favor) Opponent ;;(Speaking A (dress & Phone No. Name, Address & Phone lVnuuai Name, Address & Phone No. 11 Name, Address & Phone No. 11 Name, Address & Phone No. 11 Name, Address & Phone No. 11 Name, Address & Phone No. Name, Address & Phone No. 11 Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. J Name. Address & Phone No. 11 Name, Address & Phone No. Name, Address & Phone No. Address & Phone No. 11 Name, Address & Phone No. 11 Name, Address & Phone AGENDA ITEM # lD FOR AGENDA OF July 9. 2002 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE An Ordinance Repealing Tigard Municipal Code Chanter 11.05 Relating to Residual Solid Waste PREPARED BY: Tom Lm_dieke DEPT HEAD OK_ CITY MGR OK ~ AA EYY-W Should the City of Tigard repeal Tigard Municipal Code Chapter 11.05 relating to residual solid waste given a recent decision by the United States Court of Appeals for the Ninth Circuit Court. Repeal Tigard Municipal Code Chapter 11.05 relating to residual solid waste. On May 9, 2000, the United States District Court for the District of Oregon entered a Permanent Injunction in the case of AGG Enterprises, Inc. v. Washington County and the City of Beaverton that prevented either jurisdiction from regulating the price, route or service in the transportation of source separated recyclables and/or mixed loads containing solid waste and recyclable materials from single generator, non-residential accounts, transported to a manufacturer, recycling facility or material recovery facility. AGG is a local hauler primarily doing commercial drop box business in the City of Portland and Multnomah County. The judge in this case found that Washington County and City of Beaverton regulations were preempted by the Federal Aviation Administration Authorization Act (FAAAA) of 1994 because they were regulating service performed by a motor carrier with respect to the transportation of property. The District Court decision was subsequently appealed to the United States Court of Appeals for the Ninth Circuit Court by Washington County and the City of Beaverton. Although the District Court's decision and permanent injunction was directly applicable to just one transporter and two jurisdictions, legal counsel and staff felt that it was prudent to refrain from enforcing the City's prohibition on non-franchisees hauling waste relating to activities that were in the scope of the injunction until the appeal of that decision was rendered. Therefore, in December 2000, the City Council adopted Ordinance No. 00-34 (Residual Solid Waste Ordinance) to establish a registration process for those motor carriers transporting exempt solid waste loads under the injunction. The registration process was implemented to seek a balance between the City's franchise obligations and the State's requirements for recycling given the District Court's preemption. At that time, the City alsc entered into an Intergovernmental Agreement with Washington County to administer this registration program. Washington County had also adopted an ordinance establishing a registration process and agreed to administer this program for other jurisdictions in the County. Then on March 12, 2002, the United States Court of Appeals for the Ninth Circuit Court issued its opinion with regard to AGG Enterprises, Inc. v. Washington County and the City of Beaverton. The Court found that the Federal Aviation Administration Authorizing Act (FAAAA) of 1994 does not preempt local regulation of the collection of mixed solid waste and reversed the District Court's decision. The City has received notice from Washington County of their intent to repeal the residual solid waste ordinance and related administrative rules and fees that were adopted by the Board of County Commissioners given the Ninth Circuit Court decision. Because of this, the County is also terminating the Intergovernmental Agreement effective July 5, 2002 that the City has with the County to administer the City's registration process. Given these events, staff and legal counsel feel it would now be appropriate for the City to repeal Tigard Municipal Code Chapter 11.05 (Residual Solid Waste Ordinance). Within the last few weeks, AGG Enterprises, Inc. has filed with the United States Supreme Court requesting the court to review the judgment and opinion of the Ninth Circuit Court. However, it is uncertain at this time whether the Supreme Court will elect to review the case. Given this uncertainty, staff and legal counsel are recommending that the City proceed with the repeal. Do not repeal the Tigard Municipal Code Chapter 11.05 relating to residual solid waste. This is not addressed in the City's visioning process. ATTACHMENT LIST Ordinance repealing Tigard Municipal Code Chapter 11.05. Does not apply. AGENDA ITEM # FOR AGENDA OF July 9.2002 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Update of Tigard Municipal Code 1 16 - Civil Infractions M PREPARED BY: N Robinson C. Darnell. A. Shields DEPT HEAD OK ~ CITY MGR OKtA ~ l~ ISSUE BEFORE THE COUNCIL Should Chapter 1.16 of the Tigard Municipal Code be updated to allow additional use of a short form, add a "first court appearance" similar to traffic court, and allow an increase in penalties for repeat offenders? STAFF RECOMMENDATION Approve the ordinance amendments as proposed. INFORMATION SUMMARY The proposed ordinance changes will allow the City to bring action against alleged offenders in a more prompt time frame. With acceptance of the new format, the Code Enforcement Officers will have the ability to cite alleged offenders using a "short form" and require immediate compliance. Cases that are simpler, but addressed in high volume, will be able to utilize the "short form" procedure. Most of these cases will be nuisance related such as illegal signs, noxious vegetation, and obstructing sidewalks. Cases that are more complex such as long- standing issues, issues with required witnesses, and issues with multiple unrelated code violations, will continue to be cited using the "long form" summons and complaint. Most of these will be planning, zoning, and building related cases. Adding a first appearance to the process will reduce the amount of preparation and waiting time needed to bring a case to court, and the time taken in the court appearance for most respondents, the Code Enforcement Officers and the Hearings Officer, thus increasing productivity and providing better service to the citizens including the complainant. A first appearance will be conducted in traffic court, where the respondent will have the opportunity to admit the violation and pay a court ordered fine, or request a hearing with the Code Enforcement Officers at a later date where testimony from both sides will be heard. Judgments resulting from the first appearance can be entered immediately. Contested or more complex cases will go to hearing in the same manner already utilized, and based on the evidence presented by both parties, the Hearings Officer will determine whether or not the alleged offender is in violation To discourage respondents from repeating their offense it is proposed that penalties increase with subsequent admissions or findings of violation. A second offense in the 24-months following the initial violation will double the maximum penalty and additional findings of violation in the same 24-months will quadruple the maximum penalty. OTHER ALTERNATIVES CONSIDERED Make no changes to the ordinances. VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY ATTACHMENT LIST 1. Cover Memorandum 2. Ordinance, including Exhibit A FISCAL NOTES No costs are anticipated with this change. Attachment #2 MEMORANDUM TO: Tigard City Council FROM: Christine Darnell, Albert Shields, Nadine Robinson RE: Proposed Update to Civil Infractions Process, Municipal Code CC: Jim Hendryx, Craig Prosser DATE: Monday, June 24, 2002 This recommends and requests approval of an amendment of the Civil Infractions provisions of the Tigard Municipal Code, Chapter 1.16. The specific changes to the current ordinance are detailed in the attached Fact Sheet, Draft Ordinance, and Exhibit. A. In Exhibit A, passages underlined and also shown in blue are to be added, and those stricken through and also shown in red are to be deleted. Chapter 1.16.350 of the Municipal Code authorizes Tigard's Code Enforcement Officers to promulgate rules necessary to enforce the chapter but, to be effective, such rules and rule changes require approval by resolution of the City Council. In any event, the changes herein proposed go beyond the setting of rules and involve changes to the existing ordinance, thus requiring a new ordinance, as submitted. The proposed changes represent a significant streamlining of the procedures and forms used in the civil infraction enforcement process. These changes will, when implemented, enable the City's code enforcement officers and the Municipal Court to address more violations more immediately, handle them more quickly, and dispose of them more efficiently without in any way impairing or diminishing the legal rights of respondents. All of the proposed changes have been thoroughly reviewed with and approved by the City Attorneys. Pre-printed Citations: The revisions specifically provide for the use of standardized and pre-printed "field forms" which will enable code enforcement officers to, in effect, "write tickets" in the field and on the spot when violations are observed instead of returning to the office to compose formal "long form" documents. "Long form" complaints and summonses will still be used for those more serious or complex issues for which they have proven themselves to be useful, "house moving" and "occupancy without inspection approval," for instance. Field forms will be particularly useful with many of the "nuisance" violations such as signs and noxious vegetation where immediate compliance is possible and where it can be facilitated by immediate citation and appearance in court. Further, the proposed changes specifically include authorization for code enforcement officers to require immediate compliance if allowing the violation to continue would allow the respondent to profit from the continuance while waiting for a court date. First Appearance: To facilitate a speedy court appearance and efficient disposition by the court, the revisions add a "First Appearance," similar to that used in the traffic court, to the existing Civil Infractions process. First Appearances require much less time in court than a formal Hearing so that, as with traffic court, a block of time can be scheduled and code enforcement can assign appearance dates and times in the field without contacting the court first. Many, if not most minor violations can be disposed of without the need of a more formal Hearing, saving time for respondents as well as for both code enforcement and the court. More complex cases and those where either responsibility or the amount of penalties are contested will be scheduled for formal Hearing. An additional benefit of disposing of many cases in a First Appearance is a substantial savings in the time it takes the court to complete paperwork since the "findings" called for following a First Appearance are much less formal and less time- consuming to prepare than the "Order" required following a Hearing. Another proposed change represents a strengthening of the civil infractions provisions. Repeat Violations: Current code language makes no provision for treating repeat violations any differently than first violations but experience shows that some individuals do not learn from a single appearance in court. Further, in the case of some violations, like signs, a repeated nominal penalty could be viewed by some individuals as an acceptable cost of doing business. The proposed changes would double the potential penalties for a second violation within twenty-four months and quadruple them for a third violation within twenty-four months. We believe that just the existence of these penalties as a potential will discourage repeat violations. Declaration of Emergency: The good weather of the summer months is, typically, when Tigard has the greatest incidence of violations of the noxious vegetation and sign ordinances. Without a declaration of emergency the proposed changes will not go into effect until after a 30-day delay. However, the "Field Form" and "First Appearance" procedures will be particularly effective against just those vegetation and sign violations and will provide a particularly efficient way to deal with them. Accordingly, this further requests that the Council declare that an emergency exists regarding the incidence of vegetation and signage infractions against which the proposed provisions will be particularly effective. Please let us know if you have any questions 4~~ PUBLIC HEARING (INFORMATIONAL) TO ESTABLISH SANITARY SEWER REIMBURSEMENT DISTRICT NO. 25 - CARMEN STREET Due to Time Constraints City Council May Impose A Time Limit on Testimony I:WDMIGREER\CCSIGNUP\PH TESTMNY FORM SAN SEWER DISTAOC AGENDA ITEM No. 9 Data: July 9, 2002 PLEASE PRINT Pro onent - 5 eakin In Favor O onent - S eakin A ainst Neutral Name, Address & Phone No. Name, Address & Phone No. Name, Address Phone No. 14 9AIR Y X03- S-719.- y2ZG 11 Name, Name, Address & Phone No. 11 Name, Address & Phone No. Address & Phone No. 11 Name, Address & Phone No. 11 Name, Address & Phone 11 Name, Address & Phone No. 11 Name, Address & Phone No. 11 Name, II Name, Address & Phone I~ Name, Address & Phone No. Phone a No. Name, Address & Phone No. No. 11 Name, Address & Phone No. r. AGENDA ITEM # 8 FOR AGENDA OF July 9.2002 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Formation of Sanitary Sewer Reimbursement District No. 25 (Carmen) M48 PREPARED BY: G. Berry DEPT HEAD OK CITY MGR OK ISSUE BEFORE THE COUNCIL Formation of a sewer reimbursement district to construct a sanitary sewer project as part of the Neighborhood Sewer Extension Program. STAFF RECOMMENDATION Approval of the attached Resolution forming the Reimbursement District. INFORMATION SUMMARY The proposed project would provide sewer service to seventeen lots along SW Carmen Street east of SW 121St Avenue. Through the City's Neighborhood Sewer Extension Program, the City would install public sewers to each lot within the Reimbursement District and the owners would reimburse the City for a fair share of the cost of the public sewer at the time of connection to the sewer. In addition, each owner would be required to pay a connection fee of $2,335 before connecting to the line and would be responsible for disconnecting the existing septic system according to County rules and any otl i~_ r plumbing modifications necessary to connect to the public line. Each owner has been notified of the hearing by mail. The notice, mailing list and additional details are included in the City Engineer's Report attached as Exhibit A to the proposed resolution. If Council approves this request to form the Reimbursement District, bids from contractors to construct the sewer will be requested. Another resolution to finalize the formation of the Reimbursement District, with cost adjustments, will be submitted for Council action after construction is completed and actual construction costs are determined. OTHER ALTERNATIVES CONSIDERED None. VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY Not applicable. ATTACHMENT LIST Resolution to Establish District Exhibit A, City Engineer's Report Exhibit B, Map and list of owners Notice to Owners & Vicinity Map Resolution 01-46 FISCAL NOTES Funding is by unrestricted sanitary sewer funds. June 24, 2002 N OTICE Informational Hearing NOTICE IS HEREBY GIVEN THAT THE TIGARD CITY COUNCIL AT A MEETING ON TUESDAY, July 9, 2002 AT 7:30 PM IN THE TOWN HALL OF THE TIGARD CIVIC CENTER 13125 SW HALL BLVD TIGARD OR 97223 TO CONSIDER THE FOLLOWING: Proposes! Sanitary Sewer Reimbursement District No. 25. (Carmen Street) The Tigard City Council will conduct an informational public hearing to hear testimony on the proposed Reimbursement District formed to install sewers in Carmen Street. Both public oral and written testimony is invited. The public hearing on this matter will be conducted as required by Section 13.09.060 of the Tigard Municipal Code. Further information and the scheduled time for this item during the Council meeting may be obtained from the Engineering Department, 13125 SW Hall Blvd. Tigard, Oregon 97223, by calling 503 639-4171 extension 2468 or at www.ci.tigard.or.us. L%engtregYeimbursement dlsidc[M25 ca menVonns0oftotice I. formation hearing dm Proposed Sanitary Sewer Reimbursement District No. 25 (Carmen Street) At this meeting, City Council will be requested to form a sewer reimbursement district to provide your neighborhood with sewer service. Thera, is no requirement to connect to the sewer or pay any fee until connection is made. Each property owner's estimated fair share of the public sewer line is $6,860. This amount will be revised once construction is completed and final costs are determined. An annual increase of 6.05% simple interest will also be applied to this amount. The amount each property owner will be required to pay will be limited to $6,000 to the extent it does not exceed $15,000, for connections completed within three years of City Council approval of the final City Engineer's Report following construction, in accordance with Resolution 01-46. The owner would also be required to pay a connection fee of $2,335.00 at the time of connection to the sewer. In addition, property owners are responsible for disconnecting their existing septic system according to Washington County rules and for any other modifications necessary to connect to the public sewer. CARMEN STREET SANITARY SEWER IMPROVEMENTS REIMBURSEMENT DISTRICT 025 i w i I I I VICINITY MAP Hrs PROPERTIES INCLUDED IN REIMBURSEMENT DISTRICT M,etVVregWmMsemwd dlstdcts125 ca menVoi n2WrNvHce 1 letter.doc Property Owner Mailing List Carmen Street Sanitary Sewer Reimbursement District No. 25 TaxID Name Address City St Zip ate 2SI03BDO1400 FINSTAD TERRANCE E 12065 SW CARMEN ST TIGARD OR 97223 2SI03BD01500 DANIEL JAMES W 5150 SW LANDING DR APT 111 PORTLAND OR 97201 2S103BD01600 MALONE THOMAS E 11985 SW CARMEN ST TIGARD OR 97223 2SI03BDO1700 JOHNSON WARREN A 11945 SIX CARMEN ST TIGARD OR 97223 2SI03BDO1800 LIEBL THOMAS R & BONNIE 11905 SW CARMEN ST TIGARD OR 97223 2S103BD01900 IADANZA NICHOLAS E & 11865 SW CARMEN ST TIGARD OR 97223 2SI03BDO2000 JOHNSON DAVID W 11835 SW CARMEN ST TIGARD OR 97223 2S103BD02100 COPELAND BRIAN W 11805 SW CARMENT ST TIGARD OR 97223 2S103BDO2200 BOYEAS GEORGE M 11765 SW CARMEN ST TIGARD OR 97223 2SI03BDO2300 SMITH ROSS JAY 11760 SW CARMEN ST TIGARD OR 97223 2S103BD02400 CLARK OSCAR & DELORIS TRS 11800 SW CARMEN ST TIGARD OR 97223 2S103BD02500 RHONE HENRY JR 11860 SW CARMEN TIGARD OR 97223 2SI03BDO2600 MADDOX CLIFFORD L AND 11900 SW CARMEN ST TIGARD OR 97223 2S103BD02700 BIEHL PHILIP & LINDA 11940 SW CARMEN ST TIGARD OR 97223 2SI03BDO2800 REEVES MICHAEL & NADINE 11980 SW CARMEN ST TIGARD OR 97223 2S103BD02900 DOWNING JOHN & JANICE TRS 12020 SW CARMEN ST TIGARD OR 97223 2S103BD03000 GROSSWILER R EDWARD & 12780 SW 121ST AVE TIGARD OR 97223 CITY OF TIGARD, OREGON RESOLUTION NO. 01- 4iP A RESOLUTION REPEALING RESOLUTION NO. 98-51 AND ESTABLISHING A REVISED AND ENHANCED NEIGHBORHOOD SEWER REIMBURSEMENT DISTRICT INCENTIVE PROGRAM WHEREAS, the City Council has initiated the Neighborhood Sewer Extension Program to extend public sewers through Reimbursement Districts in accordance with TMC Chapter 13.09; and WHEREAS, on October 13, 1998, the City Council established The Neighborhood Sewer Reimbursement District Incentive Program through Resolution No. 98-51 to encourage owners to connect to public sewer. The program was offered for a two-year period after which the program would be evaluated for continuation; and WHEREAS, on September 26, 2000, the City Council extended The Neighborhood Sewer Reimbursement District Incentive Program an additional two years through Resolution No. 00-$0; and WHEREAS, City Council finds that residential areas that remain without sewer service should be provided with service within five years; and WHEREAS, Council has directed that additional incentives should be made available to encourage owners to promptly connect to sewers once service is available and that owners who have paid for service provided by previously established districts of the Neighborhood Sewer Extension Program should receive the benefits of the additional incentives. NOW, THEREFORE, BE IT RESOLVED by the Tigard City Counell that: SECTION 1: Resolution No. 98-51 establishing the Neighborhood Sewer Reimbursement District Incentive Program is hereby repealed SECTION 2: A revised incentive program is hereby established for the Neighborhood Sewer Extcnsion Program. This incentive program shall apply tO sower connections provided through the sewer reimbursement districts shown on the attached Table 1 or established thereafter. All connections qualifying under this program must be completed within three years after Council approval of the final City Engineer's Report following a public hearing conducted in accordance with TMC Section 13.09.105 or by two years from the date this resolution is passed, which ever is later, as shown on the attached Table 1. SECTION 3: To the extent that the reimbursement fee determined in accordance with Section 13.09.040 does not exceed $15,000, the amount to be reimbursed by an owner of a lot zoned single family residential shall not exceed $6,000 per connection, provided that the lot owner complies with the provisions of Section 2. Any amount over $15.000 shall be reimbursed by the owner. This applies only to the reimbursement fee for the sewer installation and not to the connection fee, which is still payable upon application for RESOLUTION NO.01 Page 1 sewer connection. SECTION 4: The City Engineer's Report required by TMC Chapter 13.09 shall apply the provisions of this incentive program. Residential lot owners who do not connect to sewer in accordance with Section 2 shall pay the full reimbursement amount as determined by the final City Engineer's Report. SECTION 5: Any person who has paid a reimbursement fee in excess of the fee required herein is entitled to reimbursement from the City. The amounts to be reimbursed and the persons to be paid shall be determined by the Finance Director and approved by the City Manager. There shall be a full explanation of any circumstances that require payment to any person who is not an original payer. The Finance Director shall make payment to all persons entitled to the refund no later than August 31, 2001. SECTION 6: The Sanitary Sewer Fund, which is the funding source for the Neighborhood Sewer Reimbursement District Program, shall provide the funding for the installation costs over $6,000 up to a maximum of $15,000 per connection. EFFEC'T'IVE DATE: July 10, 2001 PASSED: This 10 day of 2001. ATTEST: Recorder - City of tigard 7~yor Ci of 'and 1.AQWwi&\Res\R=1udon Revising the Neighborhood Smw tn=Wm Pwg= RESOLUTION NO.01-'r 111 Page 2 sewer connection. SECTION 4: The City Engineer's Report required by TMC Chapter 13.09 shall apply the provisions or this incentive program. Residential lot owners who do not connect to sewer in accordance with Section 2 shall pay the full reimbursement amount as determined by the final City Engineer's Report. SECTION S: Any person who has paid a reimbursement fee in excess of the fee required herein is entitled to reimbursement from the City. The amounts to be reimbursed and the persons to be paid shall be determined by the Finance Director and approved by the City Manager. There shall be a full explanation of any circumstances that require payment to any person who is not an original payer. The Finance Director shall make payment to all persons entitled to the refund no later than August 31, 2001. SECTION 6: The Sanitary Sewer Fund, which is the funding source for the Neighborhood Sewer Reimbursement District Program, shall provide the funding for the installation costs over $6,000 up to a maximum of $15,000 per connection. EFFECTIVE DATE: July 10, 2001 PASSED: This d - day of 2001. layor Ci of 'and ATTEST: tjW-Red6rder - City of Tigard 4\CiWM&\Res%=1udon Revising the NeighboftW Sewer Incrndve Program RESOLLMON NO.01- A111 Page 2 TABLE 9 RaImbumement DIStrICts W th Refunds Available DISTRICT FEE PER LOT REIMBURSEMENT AVAILABLE INCENTIVE PERIOD ENDS TMARD ST.No.8 5,193 No reirnbumement available FAIRHAVEN STANYNo.9 4,606 No reirirsemeM available HILLVIEW ST No.11 a,ovo July 11, 2003 10810 & JOHNSON No.12 5.598 No roUnbursomant available 100T16 INEZ No.13 8.000 Judy 11,2003 WALNUT & TIEDEMAN No.14 81000 July 11,2003 SEVELAND3HERMOSA No.15 5,036 No eebnbursemeni available DELMONTE No.18 8,000 July 11 ,2003 O'MARA No.17 'wALNUT a r21° No.ta 8,000 - July 11,2003 Amount eo bo rolmbursW vrtll be Turco years from sorvloe avaeabUlty 'ROSE VISTA No2O dafmTrilned once MW costs are determirml. ' Currently being constructed men S'treet- imbursement District No. 25 Total Estimated Cost- $116,560 Reimbursement Fee (Per Owner) $6,860 -The Reimbursement Fee will be reduced to $6,000 for owners with connections completed within three years. -In addition, each owner will be required to pay a $2,335 connection and inspection fee. a men S'treet- imbursement District No. 25 In addition, each owner will be required to pay: ❖ $2,335 connection and inspection fee funds treatment facility construction ❖ $50 (average) service charge - per two months operation and maintenance of the entire system