City Council Packet - 08/27/2002()ri;2 I A a),
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TIGARD CITY COUNCIL
MEETING
AUGUST 27, 2002
COUNCIL MEETING WILL BE TELEVISED
RUEANNIEMOCSIMPKTI
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 -es-timn-ate-d-, 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 n.m.
Assistive Listening Devices are available for persons with impaired hearing and should be
scheduled for Council meetings by noon on the Monday prior to the Council meeting. Please
call 503-639-4171, Ext. 309 (voice) or 503-684-2772 JDD - 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
0 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 JDD - Telecommunications Devices for the Deaf).
SEE ATTACHED AGENDA
COUNCIL AGENDA - August 2 7, 2002 page I
AGENDA
TIGARD CITY COUNCIL MEETING
August 27, 2002
6:30 PM
0 STUDY SESSION
UPDATE - WATER ISSUES
4- Councilor Patton
UPDATE - RANDALL GRANT PROGRAM
City Administration 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
I BUSINESS MEETING
1.1 Call to Order - City Council ax Local Contract Review Board
1.2 Roll Call
1.3 Pledge of Allegiance
1.4 Council Communications 8T Liaison Reports
1.5 Call to Council and Staff for Non-Agenda Items
7:35 PM
2. CERTIFICATE OF RECOGNITION - COUNCILOR JOYCE PATTON
Presentation by Mayor Griffith
7:40 PM
3. MAYORS'PINEWOOD DERBY
Announcement by Mayor Griffith
7:45 PM
4. VISITOR'S AGENDA (Two Minutes or Less, Please)
COUNCIL AGENDA - August 27,2002 page 2
7:50 PM
5. 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:
5.1 Approve Council Minutes: August 13, 2002
5.2 Approve Amendment to Municipal Court judge Michael 1. O'Brien's Personal
Services Contract
Consent Agenda - Items Removed for S?Rarate 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.
7:55 PM
6. CONSIDER AMENDMENT TO CHAPTER 12.02 (SANITARY SEWER AND
SURFACE WATER MANAGEMENT) OF THE TIGARD MUNICIPAL CODE
MAKING APPROPRIATE NAME AND TITLE CHANGES
a. Staff Report: Finance Staff
b. Council Discussion
C. Council Consideration: Ordinance No. 02-
8:00 PM
7. CONSIDER AMENDMENT TO CHAPTER 12.03 (BILLING AND COLLECTION
OF UTILITY CHARGES) OF THE TIGARD MUNICIPAL CODE CLARIFYING
PROCEDURES IN THE COLLECTION OF UTILITY CHARGES AND MAKING
APPROPRIATE NAME AND TITLE CHANGES
a. Staff Report: Finance
b. Council Discussion
C. Council Consideration: Ordinance No. 02-
8:05 PM
8. CONSIDER GRANTING A TELECOMMUNICATIONS FRANCHISE TO TIME
WARNER TELECOM OF OREGON LLC
a. Staff Report: Finance Staff
b. Council Discussion
C. Council Consideration: Ordinance No. 02-
8:10 PM
9. CONSIDER INCREASING, ADDING, AND ELIMINATING CERTAIN WATER
CHARGES BY AMENDING EXHIBIT A TO RESOLUTION NO. 02-06
a. Staff Report: Finance Staff and Public Works Staff
b. Council Discussion
C. Council Consideration: Resolution No. 02-
COUNCIL AGENDA - August 2 7, 2002
page 3
8:15 PM
10. CONSIDER AMENDMENT TO CHAPTER 12.10 (WATER SYSTEM RULES ex
REGULATIONS) OF THE TIGARD MUNICIPAL CODE (TMC) UPDATING
SEVERAL PROVISIONS OF WATER SERVICE TO ALIGN TIVIC REQUIREMENTS
WITH CURRENT UTILITY SERVICE PRACTICES AND OTHER TMC
PROVISIONS
a. Staff Report: Public Works Staff
b. Council Discussion
C. Council Consideration: Ordinance No. 02-
8:20 PM
11. PUBLIC HEARING TO CONSIDER AUTHORIZATION OF THE ISSUANCE AND
SALE OF THE CITY OF TIGARD'S GENERAL OBLIGATION BOND AND
GENERAL REFUNDING BOND TO THE. QREGON ECONOMIC AND
COMMUNITY DEVELOPMENT DEPARTMENT TO FINANCE THE COSTS OF
THE NEW TIGARD LIBRARY
a. Open Public Hearing
b. Summation by Finance Staff
C. Public Testimony
d. Staff Recommendation
e. Council Discussion
f. Close Public Hearing
9. Council Consideration: Resolution No. 02 -
8:40 PM
12. COUNCIL AS LOCAL CONTRACT REVIEW BOARD TO CONSIDER THE
AWARD OF THE CONTRACT FOR ARCHITECTURAL AND DESIGN SERVICES
FOR THE NEW TIGARD LIBRARY
a. Staff Report: Engineering Staff
b. Board Discussion
C. Board Consideration: Motion to award the contract.
8:50 PM
13. CONTINUATION OF PUBLIC HEARING (QUASI-] UDICIAL) FROM JULY ?3,
2002 - CONSIDER AN ORDINANCE TO EXEMPT PROPERTIES THAT A ~E
ZONED MUR I OR 2 THAT WERE ZONED COMMERCIAL PRIOR TO MAR(H
28, 2002, FROM MEETING CERTAIN REQUIREMENTS BEFORE BEING
PERMITTED TO HAVE A COMMERCIAL USE
REQUEST: The request Is to modify the existing Development Code language to
exempt properties that were zoned commercial prior to March 28, 2002 from being
COUNCIL AGENDA - August 2 7, 2002 page 4
required to meet minimum residential density requirements prior to being permitted
to have a commercial use on the property. There are 10 parcels (5.25 acres) within
the City of Tigard's portion of the Regional Center that this exemption will apply to
and are Impacted by this amendment. Approximately 1.63 acres were identified as
vacant or re-developable In determining target capacity numbers for the Regional
Center, therefore, the number of units that would be lost If no residential use were
constructed on these lots Is approximately 42 units (If minimum densities were
constructed). LOCATION: The Washington Square Regional Center area Is
bounded generally by Fanno, Creek on the west, SW Greenburg Road and Hall
Boulevard on the east, Red Tall Golf Course to the north, and Highway 217,
Including the Ash Creek area on the southern border. The MUR I and 2 zones are
located within the Regional Center, generally west of Hall Blvd and east of Ash Creek.
ZONE: Mixed Use Residential (MUR) 1 SZ2. APPLICABLE REVIEW CRITERIA:
Community Development Code Sections 18.380.020, 18.390.060; Comprehensive
Plan Policies 1.1.1, 2.1.1 2.1.2, 5.1 and 6.1.1; Statewide Planning Goals 1, 2, 9,
and 10; and Metro Functional Plan Titles I and 7.
a. Open Public Hearing - Continued from July 23, 2002
b. Declarations or Challenges
C. Staff Report: Community Development Department
d. Public Testimony
Proponents
Opponents
Rebuttal
e. Staff Recommendation
f. Council Questions
9. Close Public 'clearing
h. Council Consideration: Ordinance No. 02-
9:00 PM
14. CONSIDER POLICY DIRECTION FOR BULL MOUNTAIN ANNEXATION
a. Staff Report- Community Development Staff
b. Council Discussion
C. Council Consideration: Resolution No. 02-
COUNCIL AGENDA - August 2 7, 2002 page 5
9:30 PM
15. CONSIDER RENEWAL OF THE INTERGOVERNMENTAL AGREEMENT WITH
WASHINGTON COUNTY FOR THE CITY OF TIGARD TO PROVIDE
PLANNING-, BUILDING-, AND ENGINEERING-RELATED SERVICES TO THE
URBAN SERVICES AREA
a. Staff Report: Community Development Staff
b. Council Discussion
C. Council Consideration: Motion to authorize the Mayor to sign the Urban
Services Intergovernmental Agreement between the City of Tigard and
Washington County, amending and extending the agreement for five years.
9:40 PM
16. COUNCIL LIAISON REPORTS
9:45 PM
17. NON AGENDA ITEMS
9:50 PM
18. 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.
10:00 PM
19. ADJOURNMENT
1AADMXCATHYACCA%020827.D0C
W
COUNCIL AGENDA - August 27,2002 page 6
'4 'W
A.
JLUUY ac"lull
> UPDATE - WATER ISSUES
Councilor Patton
UPDATE - RANDALL GRANT PROGRAM
City Administration Staff
Administrative Items
- Update on Rall-Voludon
- Discuss public testimony regarding Policy. Direction For Bull Mountain Annexation,
Item 14
- Update on Council candidates
Executive Session
The Tigard City Council may go Into Executive Session. If an Executive Session Is called
to order, the appropriate ORS dtadon will be announced Identifying the, applicable
statute. All discussions are confldendal 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 flnal action or making any
flnal decision. Executive Sessions are closed to the public
1:\ADMCATHY%COUNCILICCUST\020827.DOC
> 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 dellned as uany meeting or part of
a meeting of a governing body, which Is closed to certain persons for dellberadon on certain
matters."
Permissible Purposes for Executive Sessions:
192.660 (1) (a) -
Employment of public officers, employees and agents,
If the body has satisiled certain prerequisites.
1 92.660 (1) (b)
Discipline of public officers and employees (unless affected person requests
to have an open hearing).
192.660 (1) (c) -
To consider matters pertaining to medical staff of a public hospital.
192.660 (1) (d) -
Labor negotiations. (News media can be excluded In this Instance.)
192.660 (1) (e) -
Real property transaction negotiations.
192.660 (1) M -
Exempt public records - to consider records that are "exempt by law from
public Inspection." These records are specifically Idendfled In the Oregon
Revised Statutes.
192-660 (1) (g) -
Trade negotiations - Involving matters of trade or commerce In which the
governing body Is competing with other governing bodies.
192.660 (1) (h) -
Legal counsel - Executive session are appropriate for consultation with
counsel concerning legal rights and dudes regarding current litigation or
litigation likely to be f1led.
192.660 (1) (1) -
To review and evaluate, pursuant to standards, criteria, and policy
directives adopted by the governing body, the employment-related
performance of the chief executive officer, a public officer, employee or
staff member unless the affected person requests an open hearing. The
standards, criteria and policy directives to be used In evaluating chief
executive officers shall be adopted by the governing body In meetings open
to the public In which there has been an opportunity Ibr public commenL
192.660 (1)
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 I
1:\ADMCATH'ACOUNCIL\CCLIST\020827.DOC
Agenda item No. 4,1
Meeting of
COUNCIL MINUTES
TIGARD CITY COUNCIL MEETING
August 27, 2002
Mayor GrIff1th called the meeting to order at 6:33 p.m.
Council Present: Mayor Griffith; Councilors Dirksen, Patton, and Scheckla
0 STUDY SESSION
> UPDATE - WATER ISSUES
Councilor Par-on updated Council on the status of the following activities
regarding water supply and service:
Bull Run Drinking Water Agency
A public hearing was held last Thursday before the Policy Steering
Committee on the draft principles of an agreement for a Bull Run
Drinking Water Agency. Councilor Patton noted there was a limited
amount of public testimony with some concerns expressed about
whether this agency would be the appropriate mechanism to provide
regional water services.
It is anticipated that the Policy Steering Committee will finalize the
principles of agreement and four technical policy papers by the end of
September. Once these items are completed, they will be forwarded to
each participating jurisdiction to review. ]urisdictions will then develop
their own public involvement process.
Draft financial numbers were distributed at the last meeting for each
jurisdiction for a 20-year planning cycle. This Information will need to
be reviewed by staff and Councilor Moore (newly appointed water-issue
Council liaison) and then distributed to Council.
Each jurisdiction will review the principles of agreement, develop a
public Involvement process and then deten-nine whether to go forward
with membership In the Drinking Water Agency. Councilor Patton
expects that some of the jurisdictions currently involved may drop out
quickly. She said she would like to see Tigard remain In the process,
but said It would be best If Tigard could be the last agency to decide
whether to move forward with the Agency because the financial
numbers will be more firm. The current estimates for a long-term
COUNCIL MEETING MINUTES - August 27, 2002 page I
water source for Tigard are not unrealistic advised Councilor Patton.
As a member of the Agency, Tigard would be able to buy ownership
Into the Agency. Councilor Patton suggested It might be better to
develop a buy-in scenario based on a shorter capital Improvement
program (CIP) period of 5, 10 or IS years (draft numbers are now
based on a 20-year CIP).
City Attorney Ramis advised that Tigard would ultimately be given
some sort of option as to what degree Tigard will want to buy-in.
After the statement of the principles of agreement has been finalized,
the next step will be to develop and approve a detailed contract for
participating jurisdictions.
Participating jurisdictions will not receive water rights; those will stay
with Portland. However, Portland will contractually provide all the
legal rights jurisdictions will need as partners.
]oInt Water Commission
Clean Water Services has a significant role in the feasibility study
process. The biggest problem at this time is the lack of federal funding,
which is slowing down the project. It Is hoped that the timeline can be
followed; however additional funds will be needed from participating
jurisdictions. Assistant Public Works Director Koellermeler explained
that if the partners pick up the federal funding anticipated to be
allocated in the future, then the partners would be -reimbursed when
the funding Is received. More information will be presented to the
Council on this matter next month.
The study is focused on the feasibility of raising Scoggins Dam. There
has been an active public involvement process with neighbors of Hagg
Lake (Scoggins Dam); the reception has been positive.
k.). Water Supply Plan
The Water Supply Plan Is updated every five years. Councilor Patton referred
to information distributed to the City Council, Including a questionnaire
regarding conservation and Its role in the future of water supply. Council
members were asked to take a few minutes to fill out the survey.
The update should be completed by summer/fall 2003.
COUNCIL MEETING MINUTES - August 27, 2002 page 2
4. Aquifer Storage Recovery (ASR)
Assistant Public Works Director Koellermeler advised that the ASR project Is
going exceptionally well. Tigard has been using water from the wells since
]uly I and will continue to do so until the end of September.
Long-Ten-n Water Contract with Portland
Assistant Public Works Director Koellermeier reported that a comparison
would be done for continued costs associated with continuing a long-terrn
contract compared to a contractual bupin In an agency. Councilor Patton
added that an interim wholesale contract would be needed even If the Council
determInes to proceed with the buy-in option.
UPDATE - RANDALL GRANT PROGRAM
Assistant to the City Manager Newton reviewed the status of this Item. The
City was awarded $10,667.99 from the Department of justice for
reimbursement of 50 percent of the cost of bulletproof vests. Randall
Identified the grant opportunity and prepared the grant on behalf of the City.
The City has requested assistance from Randall to pursue funding through the
Meyer Memorial Trust for Improvements to the open space portion of the
new library site for an environmental educational component. Also, the City's
contact at Randall has Identified new federal legislation that may be a source
for funding mobile data terminals for the police. Funding may also be
available, due to support from Senators Wyden and Smith and Congressman
Wu, for a Tualatin River pedestrian bridge.
ADMINISTRATIVE ITEMS
Assistant City Manager Newton advised that Washington County
offlcials Tom Brian and Dennis Mulvihill would be attending the
upcoming Rall-Volution Conference in Washington D.C.
Assistant to the City Manager Newton advised there might be people
attending tonight's business meeting who will want to comment on
Agenda Item No. 14 regarding the proposed Bull Mountain
Annexation policy direction. This is not a public hearing; there will be
a public Information and Involvement plan developed If Council adopts
the proposed resolution. After discussion, It was determined that If
people are present to comment on this matter, that they may do so
when the Council Is reviewing the Item (No. 14). Public comments are
to be limited to the Issue before the'Council, which Is a proposed
COUNCIL MEETING MINUTES -August 27, 2002 page 3
resolution directing staff to proceed with preparation of an annexation
plan In coordination with Washington County for the November 2003
ballot.
Pending completion of the nomination process, there are three
candidates for the two available Council positions that will appear on
the November 5, 2002 ballot. Those candidates are: Mark Mahon,
Sydney Sherwood and Nick Wilson. There is one mayoral candidate:
Jim Griffith.
Ms. Newton advised a candidate's forum Is scheduled for the October
3 Citizen Involvement Team (CIT) meeting.
* EXECUTIVE SESSION: Not held
Meeting recessed at 7:24 p.m.
1 BUSINESS MEETING
1.1 Mayor Griffith called the City Council & Local Contract Review Board
meeting to order at 7:34 p.m.
1.2 Council Present: Mayor Griffith; Councilors, Dirksen, Patton, and Scheckla.
1.3 Pledge of Allegiance
1.4 Council Communications & Liaison Reports: None
1.5 Call to Council and Staff for Non-Agenda Items: None
2. CERTIFICATE OF RECOGNITION - COUNCILOR 3OYCE PATTON
Mayor Grifflth presented a certificate of recognition to Councilor Patton for
outstanding service to the community. Counclior Patton is moving from the City of
Tigard and submitted a letter of resignation effective September 1, 2002. Councilor
Patton noted that it has been an honor to serve the citizens of Tigard.
Councilor Scheckla thanked Councilor Patton for her contributions as a member of
the committee that provides Tigard citizens with the 41 of July celebration. Councilor
Dirksen noted his appreciation of the efforts and guidance provided by Councilor
Patton.
Curtis Tigard, Sue Kasson, and Lorin Hoklin thanked Councilor Patton for her
contributions as a member of the New Library Construction Committee. Her
assistance was instrumental in attaining voter approval of the new library building.
Assistant to the City Manager Newton thanked Councilor Patton for her help with
reviewing contracts and the work she provided on the Tigard Beyond Tomorrow
visioning project.
COUNCIL MEETING MINUTES -August 27, 2002 page 4
3. MAYORS'PINEWOOD DERBY
Mayor Griffith urged people to attend the Mayors' Pinewood Derby contest at the
Rose Garden on September 7, 2002, 8:30 a.m. About 30-area mayors are
participating with the Cub Scouts.
4. VISITOR'S AGENDA
Individuals who had signed in on the Visitor's Agenda indicated they wanted to speak
to the City Council about Agenda Item No. 14. The Mayor advised they would be
allowed to speak at the time the Council reviewed this agenda Item; although this Is
not a public hearing. Comments should pertain to what Is before the Council for
review.
S. CONSENT AGENDA: Motion by Councilor Scheckla, seconded by Councilor
Patton, to adopt the Consent Agenda.
5.1 Approve Council Minutes: August 13, 2002
5.2 Approve Amendment to Municipal Court judge Michael 1. O'Brien's Personal
Services Contract - Resolution No. - 02-51
The motion was approved by a unanimous vote of Council present:
Mayor Griffith
Yes
Councilor Dirksen
Yes
Councilor Patton
Yes
Councilor Scheckla
Yes
6. CONSIDER AMENDMENT TO CHAPTER 12.02 (SANITARY SEWER AND
SURFACE WATER MANAGEMENT) OF THE TIGARD MUNICIPAL CODE
MAKING APPROPRIATE NAME AND TITLE CHANGES
Finance Director Prosser who characterized the proposed amendments as
"housekeeping" presented the Staff Report.
Motion by Councilor Dirksen, seconded by Councilor Patton, to adopt Ordinance
No. 02-28.
ORDINANCE NO. 02-28 - AN ORDINANCE AMENDING CHAPTER 12.02
(SANITARY SEWER AND SURFACE WATER MANAGEMENT) OF THE
TIGARD MUNICIPAL CODE MAKING APPROPRIATE NAME AND TITLE
CHANGES.
COUNCIL MEETING MINUTES - August 27,2002 page 5
The motion was approved by a unanimous vote of Council present:
Mayor Griffith
Yes
Councilor Dirksen
Yes
Councilor Patton
Yes
Councilor Scheckla
Yes
7. CONSIDER AMENDMENT TO CHAPTER 12.03 (BILLING AND COLLECTION
OF UTILITY CHARGES) OF THE TIGARD MUNICIPAL CODE CLARIFYING
PROCEDURES IN THE COLLECTION OF UTILITY CHARGES AND MAKING
APPROPRIATE NAME AND TITLE CHANGES
Finance Director Prosser reported on this agenda item. He advised that the proposed
ordinance amendment would update the procedures in collection of utility charges to
reflect current practices. He reviewed several of the changes, which are outlined in
the staff report, which is on flie in the City Recorder's office. The Intergovernmental
Water Board has reviewed the proposed amendments and recommends adoption.
Motion by Councilor Scheckla, seconded by Councilor Dirksen, to adopt Ordinance
No. 02-29.
ORDINANCE NO. 02-29 - AN ORDINANCE AMENDING CHAPTER 12.03
(BILLING AND COLLECTION OF UTILITY CHARGES) OF THE TIGARD
MUNICIPAL CODE CLARIFYING PROCEDURES IN THE COLLECTION OF
UTILITY CHARGES AND MAKING APPROPRIATE NAME AND TITLE
CHANGES
The motion was approved by a unanimous vote of Council present:
Mayor Griffith
Yes
Councilor Dirksen -
Yes
Councilor Patton -
Yes
Councilor Scheckla -
Yes
8. CONSIDER GRANTING A TELECOMMUNICATIONS FRANCHISE TO TIME
WARNER TELECOM OF OREGON LLC
Finance Director Prosser reported on this agenda item. He reviewed the highlights of
the proposed ordinance and franchise agreement as outlined in the staff report, which
is on file in the City Recorder's office.
COUNCIL MEETING MINUTES - August 27, 2002 page 6
Motion by Councilor Patton, seconded by Councilor Dirksen, to adopt Ordinance
No. 02-30.
ORDINANCE 02-30 - AN ORDINANCE GRANTING TO TIME WARNER
TELECOM OF OREGON LLC A FRANCHISE TO CONDUCT A
TELECOMMUNICATIONS BUSINESS IN THE CITY OF TIGARD, OREGON,
INCLUDING THE RIGHT TO PLACE POLES, WIRES, AND OTHER APPLIANCES
FOR TELECOMMUNICATION PURPOSES IN THE PUBLIC RIGHTS OF WAY;
AND AUTHORIZING THE MAYOR TO SIGN THE AGREEMENT
The motion was approved by a unanimous vote of Council present.
Mayor Griffith -
Yes
Councilor Dirksen -
Yes
Councilor Patton -
Yes
Councilor Scheckla -
Yes
9. CONSIDER INCREASING, ADDING, AND ELIMINATING CERTAIN WATER
CHARGES BY AMENDING EXHIBIT A TO RESOLUTION NO. 02-06
Finance Director Prosser reported on this agenda item. He noted the changes to the
Exhibit A were reviewed by the Intergovernmental Water Board, which recommended
the changes be made as presented.
Motion by Councilor Patton, seconded by Councilor Scheckla, to adopt Resolution
No. 02-52.
RESOLUTION NO. 02-52 - A RESOLUTION AMENDING RESOLUTION 02-
06 BY AMENDING EXHIBIT A THERETO AND INCREASING, ADDING, AND
ELIMINATING CERTAIN WATER CHARGES
The motion was approved by a unanimous vote of Council present:
Mayor Grifflth -
Yes
Councilor Dirksen -
Yes
Councilor Patton -
Yes
Councilor Scheckla -
Yes
10. CONSIDER AMENDMENT TO CHAPTER 12.10 (WATER SYSTEM RULES ez
REGULATIONS) OF THE TIGARD MUNICIPAL CODE (TMQ UPDATING
SEVERAL PROVISIONS OF WATER SERVICE TO ALIGN TIVIC
COUNCIL MEETING MINUTES - August 27,2002 page 7
REQUIREMENTS WITH CURRENT UTILITY SERVICE PRACTICES AND OTHER
TMC PROVISIONS
Assistant Public Works Director Koellermeler presented the staff report. Staff
recommended that the Council amend the TMC to update several provisions of water
service to align municipal code requirements with current utility service practices and
other TMC provisions.
Motion by Councilor Patton, seconded by Councilor Dirksen, to adopt Ordinance
No. 02-31.
ORDINANCE NO. 02-31 - AN ORDINANCE AMENDING CHAPTER 12.10
WATER SYSTEMS RULES AND REGULATIONS OF THE TIGARD MUNICIPAL
CODE
The motion was approved by a unanimous vote of Council present.
Mayor Griffith
Yes
Councilor Dirksen -
Yes
Councilor Patton -
Yes
Councilor Scheckla -
Yes
11. PUBLIC HEARING TO CONSIDER AUTHORIZATION OF THE ISSUANCE AND
SALE OF THE CITY OF TIGARD'S GENERAL OBLIGATION BOND AND
GENERAL REFUNDING BOND TO THE OREGON ECONOMIC AND
COMMUNITY DEVELOPMENT DEPARTMENT TO FINANCE THE COSTS OF
THE NEW TIGARD LIBRARY
a. Mayor Griffith opened the public hearing.
b. Finance Director Prosser presented the staff report. Mr. Prosser explained the
background with regard to the need to issue a City of Tigard general obligation
bond and a general refunding bond to the Oregon Economic and Community
Development Department. Bonds will be available to the public through the
Oregon Bond Bank. Information about the bonds is available on the City's
web site: wwwxi.figard.onus.
C. There was no public testimony.
d. Staff recommended that the City Council adopt the proposed resolution.
e. Mayor Griffith closed the public hearing.
COUNCIL MEETING MINUTES - August 27, 2002
page 8
Motion by Councilor Patton, seconded by Councilor Dirksen, to adopt
Resolution No. 02-53.
RESOLUTION NO. 02-53 - A RESOLUTION OF THE CITY OF TIGARD
AUTHORIZING THE ISSUANCE AND SALE OF ITS GENERAL
OBLIGATION BOND AND GENERAL OBLIGATION REFUNDING
BOND TO THE OREGON ECONOMIC AND COMMUNITY
DEVELOPMENT DEPARTMENT
The motion was approved by a unanimous vote of Council present.
Mayor Griffith
Yes
Councilor Dirksen -
Yes
Councilor Patton -
Yes
Councilor Scheckla -
Yes
12. COUNCIL AS LOCAL CONTRACT REVIEW BOARD TO CONSIDER THE
AWARD OF THE CONTRACT FOR ARCHITECTURAL AND DESIGN SERVICES
FOR THE NEW TIGARD LIBRARY
City Engineer Duenas presented the staff report and recommended that the Board
approve award of a contract in the amount of $999,600 for
architectural/engineering services for the new Tigard library to SRG Partnership, PC.
Three members of the team from SRG (Skip Stanaway, ]on Schleuning, and Laura
Hill) were present and noted how they were looking forward to working on the
project.
Motion by LCRB Board Member Dirksen, seconded by LCRB Board Member
Scheckla, to approve award of a contract in the amount of $999,600 and authorize
the City Manager to sign the contract.
The motion was approved by a unanimous vote of Board Members present:
Board Chair Griffith -
Yes
Board Member Dirksen -
Yes
Board Member Patton -
Yes
Board Member Scheckla -
Yes
13. CONTINUATION OF PUBLIC HEARING (QUASI-JUDICIAL) FROM JULY 23,
2002 - CONSIDER AN ORDINANCE TO EXEMPT PROPERTIES THAT ARE
ZONED MUR I OR 2 THAT WERE ZONED COMMERCIAL PRIOR TO MARCH
28, 2002, FROM MEETING CERTAIN REQUIREMENTS BEFORE BEING
PERMITTED TO HAVE A COMMERCIAL USE
COUNCIL MEETING MINUTES -August 27, 2002 page 9
a. Mayor Griffith opened and continued the hearing from July 23, 2002.
b. Associate Planner Julia Hajduk presented the staff report reminding Council
that the hearing had been continued to allow for renotice after an omission was
discovered on the vicinity map. Notice was remalled and republished with a
corrected map that Included all affected property owners.
C. There were no declarations or challenges.
d. There was no additional public testimony (See July 23, 2002, hearing for
public testimony on that date.)
e. Mayor Grifflth closed the public hearing.
f. Motion by Councilor Scheckla, seconded by Council Dirksen, to adopt
Ordinance No. 02-32, which exempted properties that were zoned
Commercial prior to being zoned Mixed Use Residential I or 2 from being
required to meet minimum residential density requirements in order to
develop a commercial use.
ORDINANCE NO. 02-32 - AN ORDINANCE EXEMPTING PROPERTIES
THAT ARE ZONED MUR I OR 2 THAT WERE ZONED COMMERCIAL
PRIOR TO MARCH 28 2002, FROM MEETING CERTAIN
REQUIREMENTS BEFORE BEING PERMITTED TO HAVE A
COMMERCIAL USE
The motion was approved by a unanimous vote of Council present:
Mayor Griffith -
Yes
Councilor Dirksen -
Yes
Councilor Patton -
Yes
Councilor Scheckla -
Yes
14.
CONSIDER POLICY DIRECTION FOR BULL MOUNTAIN ANNEXATION
Community Development Director Hendryx presented the staff report. Over the past
year the City has explored the possibility of annexing the Bull Mountain area.. Based
on these efforts, three non-island annexation policy alternatives were developed and
presented to the Council on August 20, 2002. The Council had before it a
proposed resolution to proceed with preparation of an annexation plan in
coordination with Washington County.
COUNCIL MEETING MINUTES - August 27,2002 page 10
Mr. Hendryx, In response to a question from Mayor G.-Iffith, reviewed the timellne of
the annexation plan - a five- to seven-month endeavor that would Include notices,
several public opportunities along the way, and a hearing before the City Council. At
several points during the process, there would be opportunities for the Council to
decide whether to terminate the plan.
The phone survey conducted by Riley Research Associates was reviewed by the City
Council on August 20, 2002. The results Indicated that public outreach and
education was needed for both Bull Mountain residents and Tigard residents regarding
potential annexation.
Several Bull Mountain residents asked to comment:
Stuart P. Byron, 15650 SW 1331 Avenue, Tigard, OR 97224, advised he has been
Involved In the discussions regarding the annexation Issue. He said It seems as If there
is an "agenda is already In place." He said 80 percent of the people on Bull
Mountain don't want the City to move forward with the annexation question. He
said there was no parks or open space land available and he also referred to revenue
shortfalls projected for this area. He said that annexation would mean a negligible
Increase in services. He also said that If the annexation matter did move forward that
only the Bull Mountain residents should be allowed to vote on the Issue. There was
brief discussion about the projected shortfall of more than $7 million for the capital
needs In the area.
George E. Morgan, 14130 SW 1441 Avenue, Tigard, OR 97224, said this is a
complex subject and not many people understood the policies and procedures, and
this understanding would be necessary If people were to be Included as a partner in
the annexation effort. He referenced the need to determine how to avoid an
adversarial procedure. He noted the need for planning for the area and to develop a
list of policies Important to the City of Tigard with regard to what would be provided
for streets, sewers, and sidewalks. He said he would hate to see any options forfeited
and suggested that "common ground" be Identified for those affected.
Holly Shumway, 14535 SW Woodhue, Tigard, OR 97224, noted her negative
experience with annexation when she lived on Whidbey Island, Washington. She said
she would like to become educated on what Is being proposed and added that she
thought only Bull Mountain residents should have a voice on whether or not the area
Is annexed.
tracy, 14400 SW 1411 Avenue, Tigard, OR 97224, advised he has lived on Bull
Mountain for 22 years. He said annexation would mean higher taxes and more
government. tracy advised he Is vehemently against annexation.
COUNCIL MEETING MINUTES -August 27, 2002 page I I
Todd Marshall, 14245 SW Bull Mountain Road, said the area he lives In Is beautiful
and would like for It to stay that way. He said communication methods need to be
better rather than relying on U.S. Mail, Oregonian, or rigard 77mes.
Ellen Blelstein, 14630 SW 1301, Tigard, OR 97224, advised she has been Involved
in the annexation talks. She said the annexation plan before the Council would set
forth a course of action toward annexation. She advised she was astounded the City
needed seven to nine months more review on the matter and suggested the Council
90 ahead an make its decision now. She referred to a previous study noting under
one scenario $7.5 million In capital Improvements would be needed and in another
$9.9 million. She did not see where there would be a beneflt to the residents of Bull
Mountain. She moved from the City of Tigard to unincorporated Bull Mountain and
advised the only difference she noticed was lower taxes.
Mrs. Todd Marshall, 14610 SW 1301h, Tigard, OR 97224, agreed with earlier
comments that only the citizens on Bull Mountain should have a say on whether or
not they should be annexed, since they were the only ones Impacted.
Councilor Dirksen addressed several of the Issues brought forward. A summary of his
comments included:
• There is a responsibility on the part of Council to review this matter fully to make
an informed decision.
• The Council has made no final decision.
• More review is needed to determine whether tile perception is correct that Bull
Mountain residents are receiving benefits without paying for these benefits. And,
if so, how much.
• Bull Mountain area Is in the urban growth boundary and, therefore, Is zoned
similarly for land development and density as Is the adjacent Incorporated area.
• Outreach is needed that will Involve both Bull Mountain residents and City of
Tigard residents since both are affected.
Councilor Patton's comments Included the following:
Troubled that assumptions have been articulated that this City Council has already
made a decision.
Washington County does not want to provide services to this area.
Council represents the Interests of the City of Tigard residents who are paying
taxes; Bull Mountain residents are receiving services and are not paying for these
services.
Concerned about using staff resources and time with the adversarial tone
represented by the audience. Therefore, suggested the City call a halt to the
process until Washington County gets more "serious" about their position of
COUNCIL MEETING MINUTES -August 27, 2002 page 12
wanting this area to become part of the City and there Is more desire and Interest
on the part of the residents to become a part of the City.
Councilor Scheckla noted:
• Bull Mountain residents are using Tigard services but added that some residents in
the Metzger area are In a similar position.
• Concern expressed that If the area Is brought In unwillingly, then the City will not
be able to move forward with projects and programs because there will be a large
block of "no" voters.
Mayor Griffith said that:
It is preferable to have a cohesive community. However, the survey showed that
once more was known about annexation Issues, attitudes changed. This can be a
win-win situation. Supported moving forward so an Infori-ned, educated decision
can be made, which would Include a public Involvement process.
Stuart Byron addressed the Council again and reiterated that only Bull Mountain
residents should vote on the question of annexation. He urged the Council to not
pursue the annexation plan.
Community Development Director Hendryx advised that the proposed resolution, if
approved, would not lock the Council Into a vote In November 2003.
Councilor Scheckla asked questions about workload for staff. Community
Development Director Hendryx said all departments would be involved in developing
Infon-nation for Council and citizens to make an informed decision. Councilor
Scheckla suggested staff could work on other priorities such as the Washington Square
project.
Councilor Patton said she would not vote In favor of the proposed resolution because
It did not appear to be the right time to move forward and expend more staff
resources on this matter. She noted that there was enough negative momentum that
would defeat "all best-Intentioned efforts" on the part of the City. At some future
point, annexation may end up "looking like a good deal."
Motion by Councilor Dirksen, seconded by Councilor Scheckla, to adopt Resolution
No. 02-54.
RESOLUTION NO. 02-54 A RESOLUTION DIRECTING STAFF TO PREPARE
AN ANNEXATION PLAN FOR THE BULL MOUNTAIN AREA FOR
COUNCIL'S CONSIDERATION.
COUNCIL MEETING MINUTES - August 27,,2002 page 13
The motion failed with a tie vote as follows:
Mayor Griffith
Yes
Councilor Dirksen
Yes
Councilor Patton
No
Councilor Scheckla
No
Legal Counsel Ramis conflrmed that the motion falls with a tie vote. The matter could
be brought up again with a full Council.
15. CONSIDER RENEWAL OF THE INTERGOVERNMENTAL AGREEMENT(IGA)
WITH WASHINGTON COUNTY FOR THE CITY OF TIGARD TO PROVIDE
PLANNING-, BUILDING-, AND ENGINEERING-RELATED SERVICES TO THE
URBAN SERVICES AREA
Community Development Director Hendryx presented the staff report. Staff
recommended that Council authorize the Mayor to sign the Urban Services
Intergovernmental Agreement between the City of Tigard and Washington County,
amending and extending the agreement for another five years.
Motion by Councilor Patton, seconded by Councilor Dirksen, to approve the IGA.
The motion passed by a majority vote of Council present:
Mayor Griffith
Yes
Councilor Dirksen -
Yes
Councilor Patton -
Yes
Councilor Scheckla -
No
16. COUNCIL LIAISON REPORTS: None
17. NON AGENDA ITEMS: None
18. EXECUTIVE SESSION: Not held
19. ADJOURNMENT: 9:55 p.m.
Attest:
AD k'e~-
Catherine Wheatley, City Re~order 6-
I-M y-orc CIt-TZ
Wate:_ 01.T1f1n1'btr, /D 2,062-
1:%ADMXCATHY~CCM\RECAPkO2O827.DOC
COUNCIL MEETING MINUTES - August 27, 2002 page 14
AD
COMMUNITY NEWSPAPERS
P.O. BOX 370 PHONE (503)684-0360 NotICOTT 10 12 0
BEAVERTON, OREGON 97075
Legal Notice Advertising
7777-7r
*City of Tigard
13125 SU Nall Blvd. CITY OF TIGARD
*Tigard,oregon 97223 A41 OREGON
Accounts Payable
The following will be considered by the TIGARD CITIV COUNCIL
ON TUESDAY, AUGUST 27, 2002, AT 7:30 -P.M. at the Tigard
Civic Center - Town Hall Room, 13125 SW Hall Bpuleyard, Tigird,
Oregon 97:223. Both public oral and written testimony is invited.
AFFIDAVIT OF F The public hearing on this matter will be conducted in accordanoe
STATE OF OREGON, with ORS 197,763, ORS 227.175, the rules of Chapter 18.390 of the
COUNTY OF WASHINGTON, SS. Tigard Municipal Code and any rules and procedures.adopted by the
Tigard City Council.
1,-Kaj--hy. Snyd,-_r Failure to raise an issue in person or by letter at some point.prior to
being first duly sworn, depose and sgy. th the close of the hearing on the request accompanied by statements or
Director, or his principal clerk, of theTiq evidence sufficient to allow the Hearings Authority and all parties to
a newspaper of general circulation as di respond on the request, precludes an appeal to the Land Use Board of
and 193.020; published at Tigard Appeals based on that issue, and failure to specify the criterion from
aforesaid county and state; that the the Community Development Code or Comprehensive Plan at which
PuhliL_~~7071 2002-0 a comment is directed precludes. an appeal based on that criterion.
a printed copy of which is hereto annexel Further information is available at City Hall and may be obtained
from the Community Development Director or City Recorder at the
ON
entire issue of said newspaper for same location, or by calling (503) 639-4171.
consecutive in the following issues: PUBLIC HEARING ITEM:
r~=ONTINUED -FROM JULY 23,2.002
August 15,2002
ZONE ORDINANCE AMENDMEN'I'tZAJA Auuz-vAu."
'
N
MIEKED USE RESIDENTIAL (MUR 1 & 2) DEVELOPMENT
T
.
CODE AMEND F.NT5
'ent
-j ~QUEST. The request.is tomodify the cFxisting development
roperties that were zoned commercial
t
xem
t
cia
r s
p
p
o e
code language
e
2002 from being required to meet minimum res-
March 28
t
i
P
J
,
o
or
pr
idential density requirements. prior to being permitted'to havee a
There are 10 parcels (5.25 acres)
t
r
re me this.!-
swornn tt,,bee re me thisL!
Subscribed and
A
s
y.
mmer6ial use on the proper
c, City of Tigard's portion of the Regional Center that this
within the
exemption apply to and are impacted by this amendment.
devel-
ant or re-
d
"
o
.
as vac
= imately 1.63 acres were identifie
et capacity numbers for the Regional
tar
in
i
d
g
g
n
eterm
in
the number of units that would be lost if no resi-
therefore
Center
My Commission Expires:
,
,
dential use were constructed on these lots is approximately 42 units
(if minimum densities were constructed). LOCATION: The
b
AFFIDAVIT
y
Washington Square Regional Center area is bounded generally
SW Greenburg Road and Hall Boulevard
t
,
Fanno Creek on the wes
d Tail Golf Course to the north, and Highway 217,
R
e
on the cast,
including the Ash Creek area on the southern border. The MUR I
ional Center, generally west
ithin the Re
d
g
w
and 2 zones. are locate
d "'bfMh Creek. ZONE: Mixed Use
,~OgU.,BlyO:gn, e"
Resi 6`rffiA'(MUR) 1*2-- PLIC"00UVIEW CRITERIA:
Cohiffihitit~,Develophient; Code-SeotienA18.380.020, 18.390.060;
Comprehensive Plan Policies 1.1.1, 2.1.1 2.1.2, 5.1 and 6.1.1;
Statewide Planning Goals 1.- 2, 9, and 10; and Metro Functional
Plan Titles I and 7.
TT 10 120 -Publish August 15, 2002.
P.O.~~
*City of Tigard
13125 S11 Hall Blvd.
oTiqard,oregon 97223
Accounts Payable
0
0 13 Duplicate Affidavit
0
AFFIDAVIT OF PUBLICATION
STATE OF OREGON,
COUNTY OF WASHINGTON,
1, Knij-ijr Snyder
being first duly sworn. depose and of that I(f theAdtvqrnti
,gar ua a , siFimes
Director, or his principal clerk, of th
a newspaper of general circulation as defined in ORS 193.010
and 193.020; published at--- Tigard in the
aforesaid county and state; that the
Public HearinaZZOA 2002-00003
a printed copy of which is hereto annexed, was published in the
entire issue of said newspaper for ONE successive and -
consecutive in the following Issues:
August 15,2002
Subscribed and aworn=3wie methi 15th day of Aucrust,2002
8. , OFFICIAL BEAL
Ncddrv Public for Oregon ROBIN A BURGESS
NOTARY PLIBLIC-OREGON
My Commission Expires: COMMISSION NO. 3"680
)MMISSION EXPIRES MAY 16. 2M
AFFIDAVIT
COMMUNITY NEWSPAPERS
P.O. BOX 370 PHONE (503)684-0360
BEAVERTON, OREGON 97075
Legal
Notice T T 10126
Legal Notice Advertising
oCity of Tigard 0
13125 STI Hall Blvd.
Tigard,oregon 97223 0
0 Accounts Payable 0
0 Tearsheet Notice
0 Duplicate Affidavit
AFFIDAVIT OF PUE
STATE OF OREGON, SS.
COUNTY OF WASHINGTON, )
CITY OF TMARD,,~-"7~~
IDREGON'_
i. I<athy Snyder
OTICE OF PUB
a
being first duly sworn, depose and sa
, ithat I CITY OF TIGARb
Director, or his principal clerk, of the n
gar, Notice In pursuant to ORS 29j'i§-.443(3) that at,7:30
a newspaper of general circulation as defin i4!_ y give
7, cla pm.~onAdost 27,2002, the Tigard City Couricd;Wi miaiiTjj,3,;'d
and 193.020; published at r d
aforesaid county and state; that the Hall, 13125 SW Hall Boulevard, Tigard, OrdgJdb-,_ ..cad., 'Is
ubfic hearing. The Council will consider the adopti'6"'~ai~ii~6*;'-;
A
Public HearingZO.E.C.D , BQnd. P bb1ig4#dA'bdq - d
tion authorizing the City of Tigard to issue a genera
a printed copy of which is hereto annexed, vy and sell the bond, to the Oregon Economic an6-CC6MJiMUrftty
Development Department to finance the costs of the~;'*
entire issue of said newspaper for 01-ID
Library. Written comments may be submitted to Cathy Wh&fi!*Dy,"" -1h,
consecutive in the following issues: Recorder, City of Tigard, 13125 SW Hall Blvd., Ti944. 04i,
9011
97223 or by e-mail: cathy(goi.tigard.or.us prior to 5"p.m. oti
August B,2002 Tuesday, August 27, 2002; public testimony may also li~ submittea
during the hearing. Questions prior to the hearing should be directed
to Craig Prosser, Finance Director 503-6394171, Ext. 2486 or
craig@ci.tigard.or.us.
TT 10 126 - Publ ish August 8, 2002..
Subscribed and sworn t e emethis8l-'h day of Augus-t-.,2002
Axtode2o OFFICIAL SEAL
No Public for Oregon ROBIN A BURGESS
CO~
O.MMISSIO
16)r VNOTARY PUBLIC-OREGON
COMMISSION NO. 344589
My Commission Expires: MY COMMISSION EXPIRES MAy 16.2MM5
11
AFFIDAVIT
City of Tigard, Oregon
Afridavit of Posting
CITY OF TIGARD
OREGON
In the Matter of the Proposed Ordinance(s)
STATE OF OREGON
County of Washington ss.
City of Tigard
I, pold P1 A 0 being first duly sworn (or affirmed), by
oath (or affirmation), depose and say:
That I posted in the following public and conspicuous places, a copy of
Ordinance Number(s) 2 jq. 3 0 3 / JL 3), which were adopted at
the City Council meeting of d0- 0~1 with a copy(s) of said
Ordinance(s) being hereto attached and by reference made a part hereof, on the
day of a t4
i
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
Signature of Person who Perfbrmled Posting
Subscribed and sworn (or affirined) before me this 'y q LD day of
6UQL~5t- 20 C, 2-
.a
OFMCIAL SEAL Signature of Notary Public for Oregon
GREER A GASTON
KWARY PUBUC-OREOM
COMMMS" NO. 327906
UMISSION EXPIRES O= iG6 2DO3
\\TIG333\USR\DEPTS~ADM\GREERkFORMS\AFFIDAVITS\AFFIDAVIT OF POSTING - ORDINANCEDOC
CITY OF TIGARD, OREGON
ORDINANCE NO. 02_Dj
AN ORDINANCE AMENDING CHAPTER 12.02 (SANITARY SEWER AND SURFACE WATER
MANAGEMENT) OF THE TIGARD MUNICIPAL CODE MAKING APPROPRIATE NAME AND
TITLE CHANGES.
WHEREAS, the municipal code references the Unified Sewerage Agency and the name of the Agency was
recently changed to Clean Water Services; and
WHEREAS, the municipal code references the position of City Administrator and this position is now titled
City Manager; and
WHEREAS, the municipal code references Clean Water Services Ordinances and Resolutions, but does not
indicate that the reference applies to any future amendments to the Ordinances or Resolutions.
NOW, THEREFORE, THE CITY OF TIGARD ORDAINS AS FOLLOWS:
SECTION 1: Tigard Municipal Code 12.02 is amended to reflect the name and title change of Unified
Sewerage Agency to Clean Water Services; and City Administrator to City Manager;
and Clean Water Services Ordinances and Resolutions are referenced as amended, as
shown in Attachment A.
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 (AIMMIMMS vote of all Council in bers present after being read by nurnber
and title only, this 4222'dav of, 2002.
'6~therine' Wheatley, City kecorder
&1^
APPROVED: By Tigard City Council this day x ad)L-01~- '2W2.
0
A A
F I F
s E. Griffitb-, W2V
Approved as to form:
'City Attorney
2--
Date
ORDINANCE No. 02-SO
Page I
ATTACHMENT A
TIGARD MUNICIPAL CODE
Chapter 12.02 SANITARY SEWER AND I control of the property on behalf of the owner;
SURFACE WATER
MANAGEMENT.
Sections:
12.02.010
Title.
12.02.020
Definitions.
12.02.030
Purpose.
12.02.040
Clean Water Services Unifletl
Washingt6n C4unty-Rules
Adopted.
12.02.050
Use And Operation; Charges
Imposed For Use; Appeal
Procedures And Enforcement.
12.02.060
Charges, Rates And Fees;
Associated Penalties.
12.02.070
Pretreatment By Industrial
Users.
12.02.080
Temporary Adoption Of
TT-M-A
FO
S A
eRG
x
-
g
g
3j
Clean Water Services
Ordinances, Resolutions And
Orders.
12.02.090
Immediate Remedial Action
Required.
12.02.100
Penalty.
12.02.010 Title.
This chapter shall be known as the "sanitary sewer
and surface water management chapter" and may
also be referred to as "this chapter." (Ord. 94-19)
12.02.020 Definitions.
As used in this chapter:
"Responsible party" means the person responsible
for curing or remedying a violation of this
chapter, and includes:
(a) The owner of the property, or the
owner's manager or agent or other person in
(b) The person occupying the property,
including lessee, tenant or other person having
possession;
(c) The person who is alleged to have
committed the acts or omissions, created or
allowed the condition to exist, or placed or
transported the eroding soil. (Ord. 94-19)
12.02.030 Purpose.
This chapter adopts the ordinance and rules of
Clean Water Service gie-Unifie4-Sewem-ge
Agemy that pertain to the operation and use of
sanitary and surface water systems and to systems
development charges. This chapter does not
regulate the collection of user fees. (Ord. 94-19)
12.02.040 Clean Water ServicesUaifleil
Sewer-age Agency-Of
Washington C4uaty-Rules
Adopted.
Clean Water Services Uniffied gewefage-Agenvy
e -f Wan shingten Go" Resolution and Orders No.
9147 (excluding Chapter 2) as amende ,
Construction Standards and Regulations
pertaining to the sanitary sewerage and storm and
surface water management systems are adopted
and shall be in full force and effect as part of this
code. (Ord. 94-19)
12.02.050 Use And Operation; Charges
Imposed For Use; Appeal
Procedures And Enforcement.
Clean Water Services Unifie-d- sem.,enige-AgeaW
Ordinance Nos. 26 through 28 as a-mende are
adopted by reference and shall be in full force and
effect as part of this municipal code. (Ord. 94-19)
12.02.060 Charges, Rates And Fees;
Associated Penalties.
12-02-1 SE Update: 12101
ATTACHMENT A
TIGARD MUNICIPAL CODE
proceed to remedy the infraction as provided in
Clean Water Services U-niffiedd Seev,%Fage Ageney Section 1. 16.340 of this code. (Ord. 94-19)
Resolution and Order No. 93-33 as amende is
adopted by reference and shall be in full force and 12.02.100 Penalty.
effect as part of this municipal code. (Ord. 94-19)
12.02.070 Pretreatment By Industrial
Users.
(a) Each day that violation of this Chapter is
committed or is permitted to continue shall
constitute a separate violation.
Clean Water Services TT-Zr.-A 0---p A-p-,
Resolution and Order No. 92-60 as ~M'ende is
adopted by reference and shall be in full force and
effect as part of this municipal code. (Ord, 94-19)
12.02.080 Temporary Adoption Of -Qf
Clean Water Services Unified
Sewer-age Ageney Ordinances,
Resolutions And Orders.
The City Manag Administr-ateF, without prior
Council approval, may adopt and enforce
amendments and revisions to any Ordinances
and/or Resolutions and Orders promulgated by 4he
Unified se-*,eFage Ageney.-Clean. Water Services
to be in effect for a period of no longer than
ninety days from the date of adoption by the
Manager AAniinistateF. In order for such
Ordinances and/or Resolutions and Orders to
remain in effect permanently, the City Council
must adopt them prior to the expiration date of the
temporary adoption by the . hLana=
A-d-Mini-Afffa-t-Aff. (Ord. 94-19)
12.02.090 Immediate Remedial Action
Required.
If the Code Enforcement Officer determines that
there has been a violation of this chapter, or that
conditions exist that are likely to result in a
violation, the officer may require immediate
remedial action by the responsible party. If the
Code Enforcement Officer is unable to serve a
notice of infraction on the responsible party or, if
after such service, the responsible party refuses or
is unable to remedy the infraction, the City may
(b) A finding of a violation of this Chapter
and imposition of a fine pursuant to this code shall
not relieve the responsible party of the duty to
abate the violation. A civil fine imposed pursuant
to this Section is in addition to and not in lieu of
any other remedies available to the City.
(c) If a provision of this Chapter is violated
by a fir-in or corporation, the officer or officers, or
person or persons responsible for the violation
shall be subject to the penalties imposed by this
Section.
(d) A finding of a violation of this Chapter
shall not result in imprisonment, nor shall a jury
trial be available in the adjudication of an
allegation of such violation.
(e) A finding of a violation of this Chapter
shall be a civil infraction pursuant to Tigard
Municipal Code Section 1.16 and may be
prosecuted in the Municipal Court of the City.
(Ord. 94-19) 0
12-02-2 SE Update: 12101
CITY OF T`IGARD, OREGON
ORDINANCE NO. 02- ~,K?
AN ORDINANCE AMENDING CHAPTER 12.03 (BILLING AND COLLEC-17ION OF UTILITY CHARGES) OF
THE TIGARD MUNICIPAL CODE CLARIFYING PROCEDURES IN THE COLLECTION OF UnLITY
CHARGES AND MAKING APPROPRIATE NAME AND TrME CHANGES.
WHEREAS, the municipal code references the Unified Sewerage Agency and the name of the Agency was recently
changed to Clean Water Services; and
WHEREAS, the municipal code references the position of City Administrator and this position is now titled City
Manager, and
WHEREAS, the municipal code references procedures that are out-of-date and no longer apply; and
WHEREAS, after-hour reconnection of service due to disconnection of service from delinquent account(s) is no
longer recommended due to low frequency and cost .
NOW, THEREFORE, T14E CITY OF TIGARD ORDAINS AS FOLLOWS:
SEC'nON 1: Tigard Municipal Code 12.03 is amended to reflect current procedures in the billing and
collection of utility charges; the name and title change of Unified Sewerage Agency to Clean
Water Services; and City Administrator to City Manager, and the practice of after-hours
reconnection of service is discoptinued, as shown in Attachment A.
SEC'17ION 2: This ordinance sball be cffective 30 days after its passage by the Council, signature by the
Mayor, and posting by the City Recorder.
PASSED: By Ufq C1 &I M QU5 v te of all (~uncil members present after being read by number and title
only, this dayof/.-T-UC 0 7
L -t4 ,2002.
Wheatley, City Recorde"r
Ca
&k
APPROVED: By Tigard City Council this d,
Approved as to form:
(eity Attome;
. 7 - D 2
Date
ORDINANCE No. 02-.-.)q
Page I
ATTACHMENT A
Chapter 12.03
Sections:
TIGARD MUNICIPAL CODE
BILLING AND COLLECTION
OF UTILITY CHARGES. I
12-03.010
Definitions.
12.03.020
Rates, Charges, Fees, Penalties,
Collections.
12.03.030
Delinquent Collection
Procedures.
12.03.040
Delinquency Collection
Procedures - Sewer Only
Customers.
12.03.050
Other Fees And Charges.
12.03.060
Utility Charge Adjustments
And Payment Agreements.
12.01070
Customer Appeal Process.
12.03.010 Deflnitions.
(a) Utility Charges.
Any combination of water service charges,
sanitary sewer service charges, surface water
charges or other fees and charges authorized by
the Tigard City Council or the lunified- -9681.vefage
Agene, Clean Water Service imposed on users
of utility ser~ices.
(b) Delinquent.
Utility charges not paid by the due date specified
on the bill for such charges are considered
delinquent.
(c) User.
User shall mean any person who uses property
which maintains connection to, -discharge to, or
otherwise receives services from the City's storm,
surface water, sanita sewer or water systems.
The occupant of occupied property is deemed the
user. If the property is not occupied, the person
who has the right to occupy it shall he deemed the
user.
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ATTACHMENT A
TIGARD MUIN
12.03.020 Rates, Charges, Fees, Penalties,
Collections.
(a) Unified Ssev;er-age Ageney Clean Wat
Service Resolution and Order number 95-34 and
Ordinance' Number 26,27,28,and 29 as amended
are hereby adopted by reference and shall be in
full force and eff6ct as part of this municipal code.
(b) Collections from utility customers will
be applied first to interest, penalties or other fees
and charges, then VrQportionately among the rest
of charges for services billed or as provided by
contract with Clean Water -Service . to SuFfaee
Water- charges, then to Sanitary Sewer- Ghar-ges,
and final!), to Water- charges.
(c) All Fees and Charges set forth in this
chapter shall be set by resolution by the Tigard
City Council.
12.03.030 Delinquent Collection
Procedures.
(a) Billing Cycle - Utility charges will be
billed to users every other month or as water
meters are read. Utility bills will be placed in the
United States Mail after the water meter is read or
60 days after the prior billing for non water
customers. Such utility bills shall state the
amounts and types of charges included in the bill
and shall state the due date for the utility charges.
Such due date shall not be less than 14 days from
the date bills are mailed.
(b) Reminder Notice - For those Utility
Charges not paid by the due date, a reminder
notice will be sent to the customer. The Notice
shall state the amounts and types of charges past
due and the date by which such charges must be
paid to avoid turn off procedures. The reminder
notice shall be placed in the United States Mail
not less than 14 days after the original due date on
the original bill.
1ICIPAL CODE
(c) Shut off Notice - For those utility
charges not paid by the due date stated on the
reminder notice, a shut off notice shall be hung on
the front door of the dwelling or place of business
at least 48 hours prior to the scheduled actual shut
off. The City shall maintain a list of all shut off
notices indicating the time and location the notice
was placed and by whom. The shut off notice
shall state the amounts and types of charges past
due and the date and time such charges must be
paid to avoid actual shut off of services.
(d) Shutoff Procedure - All accounts
detem ined to be unpaid 48 hours after a shut off
notice has been placed on the premises shall be
listed and scheduled for shut off. 'Me 48 hours
shall be counted on business days only and shall
not include Holidays or weekends. On the day
scheduled for shutoff, the drop b -daily
payments
r-eceipt will be reviewed to determine if any
applicable payments have been received. Ile list
as amended will then be delivered to the
appropriate crew members who will then shut off
and lock those meters on the list.
(e) Water Disconnection Charge for Non-
Paymen Resennec-tion Char-go - A charge will
be added to each account that has not been paid
prior to the time indicated on the shut off
notice.been sbut off h-e-fere ;v-Ater-- sep.tice ran he
reeenneGW. ---De- char covers a I costs
Ze
associated with the delinquent collection process,
Who Omr-ge Gover-s the eest Af the delinquen
Gelleetion pFeGess and the A-A--F;t Relf the newal
tuming eff and en e--f- the meoef. The
tiewcharge shall apply even if actual shut
off is not performed due to the payment of the,
past due balance made to the crew member in the
field or in the offigg, just prior to shut off. The
r-eeenneGtien shar-ge shall he greatff feF
Feoemesti4
h(NIFF; An~ 'will Ce
Water service
reconnecied the same day as disconnection if th
outstanding bill and related charges are paid i
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ATTACHMENT A
TIGARD MUNICIPAL CODE
full -by 5:00 PM. If 12nment is not made prior t using the following collection methods in lieu of
5:00 PM the custpmer's water will not be the sbutoff procedure set forth in 12.03.020 (c),
reconnected until the next rep-ular business day. I (d), (e):
No water will be reconnected after tjormal
operating hours or on weekends.
(f) Meter Disconnection Cliarg - A
Charge shall be added to each account in which a
meter is turned off and locked for non payment if
the customer or other party cuts the lock and turns
the meter back on without prior approval of the
City. In ad-d-ition tA the leele Ghar-ge-,the The meter
will be removed from the ground and the water
service capped off. Water service shall not be
reconnected until the customer has paid the past
due utility charges- inaluding the r-eGenneGtie
charge water disconnection charge, the-loc4
ehar-g and the meter disconnection cliarge.:r-and
basis.
(g) Multifamily Housing collection process
- When accounts for multifamily housing
complexes using master meters rather than
individual meters becomes delinquent, the
company or individual responsible for payment of
the utility bills shall be notified of the past due
status of the account in the normal process set
forth in section 12.03.030. However, in lieu of
the shut off procedure, the responsible party shall
be notified in writing that the shutoff procedure
will be followed if the delinquent utility charges
are not paid within thirty days. Notification will
also be made to all tenants known by the Cijy to
the extent possible. Accounts not paid within the
thirty days will be notified and turned off in
accordance with section 12.03.030 (c) and (d).
12.03.040 Delinquency Collection
Procedures - Sewer Only
Customers.
For utility charges on accounts without water
service, delinquent amounts may be collected
(a) Delinquent utility charges may be
collected through the use of a collection agent.
'Me Finance Director or designee shall have the
authority to select a collection agent and sign
necessary documents.
(b) Delinquent utility charges may be
collected by filing a claim in the appropriate
court. The Finance Director shall have the
authority to request pursuit of such claims by the
City Attorney and shall have the authority to sign
and file necessary documents.
(c) Delinquent utility charges may be
collected by turning the uncollected balance over
to the Washington County Tax Assessor for
inclusion on tax bills as allowed by ORS 454 22
454.225. 'Ibis method of collection shall only be
used if the user of the services being billed is also
the owner of the premises connected to the
system. The owners approval must be received in
writing allowing the turnover. Accounts being
collected in this manner shall be' charged a
turnover fee and shall be turned over to the
Assessor each year by July 15.
(d) Delinquent utility charges may also be
collected by disconnecting utility services.
Disconnection may involve the physical
disconnection of incoming or outgoing utility
service pipes and facilities. Disconnection shall
only be pursued with the approval of the City
Manage Administr-ate . Actual costs of
disconnection shall be calculated and must be paid
by the utility service user before reconnection is
established.
12.03.050 Other Fees And Charges.
(a) Returned Che ck Charge - A charge will
be added to accounts for any checks returned from
12-03-3 SE Update: 12101
ATTACHMENT A
TIGARD MUIS
the bank unpaid for any reason. The charge shall
be set by resolution of the Ci1y Council. kipen
. . - etumed Gherk staff will eentaet the
r'13RtArAP-V And
ston-e- ask if they would prefei; to have th
cheek redeposited, r-epla(;ed by anothei,--Wk-,
Gash or- money or-den if t Fedeposited eherSk- is
again r-eWmed by the bank, an additional chafgee
;yfll hp~ ;Iddpd to thia nrAmint. The f:elated paymen
applied to t a- iyill h-F0 r*-a;,P-r-6P-d- md th
obligatien for- the utility eharges will be Feinstated.
After- a eheck is rehimed twine f;:Rvn the bank
, reason, eash or- money or-der will
unpaid for- a~
be requir-ed to aweid- the Wimeff pr-oGedur-
(b) Repair or replacement of no
eenstmetion water meters and services - Once
installed, new meters plaeed- -for- nev'r Gonstmetion
v.411 h-e- the responsibility of the meter- pur-ehasen
Amy gny-costs associated with the repair or
replacement of damaged or missing meters and
services will be charged to the
pur-Ghase owner of the proM . Such costs may
include but are not limited to gaskets, meter
boxes, lid inserts, meters, pressure regulator
valves_and related labor, equipment, vehicles, and
materials.
[ICIPAL CODE
(a) The Finance Director or designee shall
have the authority to waive utility charges up to
$250.00 $50.00. Such waiver may be made
based upon a wTitten request from the customer
and for good cause. Good cause may include but
is not limited to correction of user or account
information, failure of the City to send a bill,
demonstrated failure of a user to receive a bill,
correction of measurement of either fixture units
or equivalent service units and adjustments to the
time in which requester became the user. Waivers
may include returned check charges,
disconnection FeGonneetion charges or utility
charges. The Finance Diventer. shall fnalee
quaFter-ly e City AdministFate
indizating ad suo--h ;.*aivers giving the amounts
aln-d- r--0--A.1-W9;;s afneunts wer-e waived.
(b) The City Manage AdrainkInte or
designee shall have the authority to waive utility
charges up to-$5L0-0Q- $250.00. Such waiver must
be made based upon a written request from the
customer and for good cause as defined in
subsection (a . Good eause may inelude but is not
12.03.060 UtiHty Charge Adjustments
And Payment Agreements.
Errors in billing or collection shall be corrected in
a timely manner by the City. Resulting credits on
accounts or refunds shall be made as
expeditiously as possible. Disputed billings or
other collection transactions shall be dealt with as
follows:
In recognition of the taxistenee of- need for
exceptions to ne:Mall eireum-stanees in some
cases, Authoiity authori is granted as follows for
adjustments to utility charges and to the
implementation of payment agreements. All
waivers granted under 12.03.060 (a) (b) shall be
reported to the Intergovernmental Water Board
each month upon their request.
12-034
Z
"If I I
4Y. r-eGeive a bill,
norr-artim; Af
er- equivalent sem.riee units and adjustment& to the
fiffle in whieh r-equester hename the user-. The
City Manage A dminig*Att; shall receive a
written report of findings from staff and then
weigh the evidence presented by the customer and
the staff before making any such waiver.
(c) Any requests to waive utility charges
above $500.00 $250.0 shall be made in writing
to the Intergovernmental Water Board. The
Finance Director or desimee may schedule the
request on the next available agenda and so notify
the customer at least one week in advance. All
materials related to the request shall be made
available to the Board and the customer may be
allowed to make a presentation to the Board at the
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ATTACHMENT A
TIGARD MUNICIPAL CODE
discretion of the Board Chairman.
(d) The Amman Dive f~i~may enter
into - payment agreement with a customer to
facilitate the payment of delinquent utility
charges. Such agreements shall not exceed the
term of three years, current charges must be paid
when due, and the agreement must be signed by
both parties and must be a legally binding
agreement. Breach of such an agreement by the
customer shall result in further collection efforts.
Payment agreements for amounts over $ 1 0,000-.N
must be approved by the Tigard City Council.
12.03.070 Customer Appeal Process.
(a) Customers shall have the right to appeal
billing decisions made by staff. If a customer is
not'satisfied with a decision, the customer may
appeal to the Finance Director within fourteen
days of the decision in writing explaining the-
issue and justification for the customers position.
Finance Director decisions may be appealed to the
CityManage Administrator- within fourteen days
of the decision in a similar fashion. City Manag
AdMiHiStFatff decisions may be appealed within
fourteen days of the decision to the
Intergovernmental Water Board. Board decisions
are considered final. (Ord. 96-02). 0
12-03-5 SE Update: 12101
CITY OF TIGARD, OREGON
ORDINANCE NO. 02- 3
AN ORDINANCE GRANTING TO TIME WARNER TELECOM OF OREGON LLC A FRANCHISE TO
CONDUCT A TELECOMMUNICATIONS BUSINESS IN THE CITY OF TIGARD, OREGON,
INCLUDING THE RIGHT TO PLACE POLES, WIRES, AND OTHER APPLIANCES FOR
TELECOMMUNICATION PURPOSES IN THE PUBLIC RIGHTS-OF-WAY; AND AUTHORIZING
THE MAYOR TO SIGN TFHS AGREEMENT.
WHEREAS, The ten-year franchise for the com ' munication facilities and services provided by Time
Warner Telecom of Oregon LLC, described in the title of this ordinance is now before the City Council for
approval. The Council believes that the franchise should be approved under the terms and conditions set
forth in Exhibit A, attached hereto, and by this reference made a part hereof.
THE CITY'OF TIGARD ORDAINS AS FOLLOWS:
SECTION 1. The terms and conditions of the attached franchise agreement, Exhibit A, are hereby
approved and adopted as part of this ordinance as if specifically set forth.
SECTION 2. The Mayor is authorized and directed to sign the attached agreement on behalf of the
Council.
SECTION 3. The City Council determines that the fee imposed by this franchise is not a tax subject to the
property tax limitations of Article XI, Section 11 (b) of the Oregon Constitution.
PASSED: By L) 1) A lYi m Du5vote of all Council members present after being read by number and title
only, this 0-7i_0 day of u 2002.
("Z:!~ a jo_~~~
C-atherine'Wheatley, City RecZo-rder Q
_~77
APPROVED: This day 2002.
A0
s G Ai-0315ylr~//
Approved as to form: ;JUes riffA
&ity Attorney
y Z 2--7 d Z_
Date I
ORDINANCE No. 02-3o
EXHIBIT "A"
TELECOMMUNICATIONS FRANCHISE AGREEMENT
A nonexclusive, ten (10) year franchise between the City of Tigard and Time Warner Telecom of
Oregon LLC to conduct a telecommunication business within the City of Tigard.
NOW, THEREFORE, in consideration of the mutual promises and covenants hereinafter
contained, the sufficiency of which is acknowledged, the parties hereto agree as follows:
SECTION 1. GRANT AND ACCEPTANCE OF FRANCHISE
The City of Tigard, OR (herein referred to as "City) grants to Time Warner Telecom of Oregon
LLC (herein referred to as "Grantee"), subject to applicable City codes, ordinances, regulations,
and the terms of this agreement, the privilege to use the rights of way of the City of Tigard for a
telecommunications business for the purpose of furnishing telecommunications services as -
defined in State and Federal Law. This grant includes the right to erect, construct, place, replace,
reconstruct, lay, maintain, and operate poles, wires, switching equipment, amplifying equipment,
fixtures, facilities, appliances, structures and other devices including, but not limited to,
electronic, optical and mechanical devices customarily associated with Grantee's function and
purpose of serving as a telecommunications utility in, on, upon, above, beneath, within, along,
across, under and over the City's rights of way.
This franchise is granted solely for the privilege of providing telecommunications services as
defined by State and Federal Law. This franchise does not include the right to conduct the
business of providing a "cable system" as defined in applicable law. Should the Grantee desire
to provide a cable system within the City, it must comply with the City's regulations relating to
cable communications in force at that time.
Grantee accepts the grant of the franchise and agrees to comply with Tigard Municipal Code
Chapter 5.14, the resolution granting the franchise, and all other applicable laws, ordinances, and
regulations.
SECTION 2. FRANCHISE FEE
Grantee shall pay an annual franchise fee in the amount of $7,500 or the amount established
under the following subsection, whichever is greater:
a. Five percent (5%) of gross revenues generated within the City. Gross revenue generated
within the City includes monthly service charges paid by customers within the City, the
full amount of charges for separately charged transmissions originating and received
ORDINANCE No. 02-3 0
Exhibit A, Page I
within the City, half the amount of separately charged transmissions that either originate
or are received within the City, but are received or originate outside the City, any
amounts received for rental of facilities within the right of way, and any other amounts
received by the franchisee for services tincluding resale services) provided by the
franchisee that use facilities within the right of way.
In the event that a transmission is sent or received by a mobile device (e.g., cellular
phone), the mobile device shall be deemed to be in the jurisdiction where the bills for use
of the device are sent, regardless of actual location at the time of the transmission.
b. The franchise fee is compensation for use of rights of way and reimbursement of the
City's cost of administering the program. The franchise fee is separate and distinct from
any other legally authorized federal, state or local taxes or fees.
C. The franchise fee is not subject to the property tax limitations of Article XI, sections
11 (b) and I I (19) of the Oregon Constitution and is not a fee imposed on property or
property owners by fact of ownership and is not a new or increased fee.
d. The franchise fee shall be payable semi-annually on or before March 15 for the six month
period ended December 31, and September 15 for the six month period ended June 30.
The Grantee shall pay interest at the rate of one percent (1 per month for any payment
made after the due date. However, the first six month payment shall be prorated based on
the effective date of this franchise.
SECTION 3. TERM
The rights, privileges and franchise hereby granted shall commence when signed by both parties
and continue to be in full force for a period of ten (10) years from the date this agreement
becomes effective. Grantee may renew its franchise as provided by Tigard Municipal Code.
This agreement shall be subject to any and all State or Federal laws and regulations.
SECTION 4. TRANSFER OR ASSIGNMENT
Grantee shall not transfer or assign this franchise to any other party without the express written
consent of the City, except that no prior written consent shall be required (1) if the transfer or
assignment is to a parent, affiliate or subsidiary of Grantee or (2) if the assignment is to a
commercial lending institution solely for security purposes in connection with a financing
transaction and Grantee continues to be responsible for compliance with the Agreement. A
transfer of ownership or control of a majority interest in the Grantee shall constitute a transfer of
the franchise.
If the franchise is assigned or transferred, the assignee or transferee shall become responsible for all
facilities of the existing transferee at the time of transfer. The City shall allow the transfer or
ORDINANCE No. 02-.30
Exhibit A, Page 2
assignment if a transfer fee in an amount determined by resolution has been paid, the transferee or
assignee meets all requirements imposed on franchisees, and the transferee or assignee agrees in
writing to be bound by the franchise agreement and all applicable City Code and regulations as they
exist at the time of transfer. A transfer or assignment of a franchise does not extend the term of the
franchise.
SECTION 5. LEASING OF FACILITIES
Grantee may lease capacity or bandwidth in its facilities within City rights of way only if it
provides City with the name and business address of lessee.
SECTION 6. SERVICE TO CITY
If City contracts for the use of Grantee's services, Grantee agrees to charge its most favorable rate
offered to customers in the Portland local calling area buying similar services and volumes only
in Oregon under the same terms and conditions.
SECTION 7. INSURANCE
a. Grantee shall provide and keep in force public liability insurance, with a thirty (30) day
cancellation clause, with a combined single limit of three (3) million dollars, which shall
be evidenced by a certificate of insurance filed with the City Recorder at City of Tigard,
13125 SW Hall Blvd., Tigard, OR 97223. The City shall be named as an additional
insured on the policy to the extent of Grantee's insurable indemnity obligations under this
franchise agreement. The insurance shall indemnify and hold the City harmless against
liability or damage which may arise or occur from any claim resulting from the Grantee's
operation under this agreement. In addition, the policy shall provide for the defense of
the City for any such claims.
b. In lieu of the third-party public liability insurance policy required by subsection a of this
section, Grantee may provide and keep in force self-insurance in an amount at least equal
to the limits identified in the preceding paragraph. The Grantee hereby further agrees to
cover the City as a co-insured under this self-insurance program. The Grantee shall
indemnify, defend and hold harmless the City through its self-insurance program against
any and all claims, actions and suits (including attorney fees and costs) arising out of or
resulting from Grantee's activities. The Grantee shall provide proof of self-insurance to
the City before this agreement shall take effect.
SECTION 8. DEFENSE, INDEMNITY AND HOLD HARMLESS
Grantee shall defend, indemnify and hold harmless the City and its officers, employees, agents and
representatives from and against any and all damages, losses, and expenses, including reasonable
ORDINANCE No. 02- -3 L)
Exhibit A, Page 3
attorney fees and costs of suit or defense, arising out of or resulting from the negligent, careless, or
wrongful acts, omissions, failure to act or other misconduct of the Grantee or its affiliates, officers,
employees, agents, contractors, subcontractors or lessees in the construction, operation,
maintenance, repair, or removal of its telecommunications facilities, and in providing or offering
telecommunications services over the facilities or network, whether such acts or omissions are
authorized, allowed, or prohibited by this agreement or by Tigard Municipal Code Chapter 5.14.
Grantee shall defend at its own cost the City and its officers, employees, agents and
representatives from and against any and all claims alleged to arise out of or result from the
negligent, careless, or wrongful acts, omissions, failure to act or other misconduct of the Grantee
or its affiliates, officers, employees, agents, contractors, subcontractors or lessees in the
construction, operation, maintenance, repair, or removal of its telecommunications facilities, and
in providing or offering telecommunications services over the facilities or network, whether such
acts or omissions are authorized, allowed, or prohibited by this agreement or by Tigard
Municipal Code Chapter 5.14.
SECTION 9. DAMAGE TO GRANTEE'S FACILITIES
The City shall not be liable for any damage to or loss of any telecommunications facility as a
result or in connection with any work by or for the City or for any consequential damages or
losses resulting from such work unless the damage or loss is the direct and proximate result of
willful, intentionally tortious, gross negligence, or malicious acts by the City.
SECTION 10. PERFORMANCE SURETY
The Grantee shall provide a performance bond reasonably acceptable to the City as security for
the full and complete performance of this agreement, to cover any costs, expenses, damages or
loss the City pays or incurs because of any failure attributable of the Grantee to comply with the
codes, ordinances, rules, regulations or permits of the City. The bond shall be in an amount
sufficient to pay for the removal of all of Grantee's facilities within the right of way.
Prior to installing new telecommunications facilities in any right of way, the Grantee shall
provide a performance bond or other surety acceptable to the City in an amount equal to at least
110% of the estimated costs of construction of the new facilities within the rights of way. The
surety shall remain in force until 60 days after substantial completion, including restoration of
public rights of way and other property, as determined by the City. The surety shall guarantee
timely compietion, construction in compliance with applicable plans, permits, codes and
standards, proper location, restoration of public rights of way and other property, and timely
payment and satisfaction of all claims, demands or liens for labor, material or services.
SECTION 11. NOTICE
ORDINANCE No. 02- 3
Exhibit A, Page 4
All notices and approvals required under this agreement shall be in writing. The Grantee shall
provide the City with the name, position and phone number of Grantee staff that can be contacted
for administration of this Agreement and for contact with construction-related questions and
comments.
Such notices and approval shall be directed to the City as follows:
City Engineer, City of Tigard
13125 SW Hall Blvd.
Tigard, OR. 97223
(503) 639-4171
and to Grantee as follows:
Time Warner Telecom of Oregon LLC
Attn: Tina Davis, V.P. & Deputy General Counsel
10475 Park Meadows Drive
Littleton, CO 80124
With a Copy to:
Time Warner Telecom of Oregon LLC
Brian Thomas, V.P. Regulatory - North West
520 Southwest Sixth Avenue, Suite 300
Portland, OR 97204
SECTION 12. AUDIT
a. Within ten (10) business days of a written request from the City, Grantee shall furnish the
City:
Infon-nation sufficient to demonstrate that Grantee is in compliance with this
agreement and Tigard Municipal Code Chapter 5.14.
2. Access to all books, records, maps and other documents maintained by Grantee
with rcspect to its facilities in City rights of way so that the City may perform an
audit Orantee shall provide access to City within the Portland, Oregon
metrodolitan area.
b. 11- the City's audit shows that Grantee has underpaid the ftanchisee fee by five percent
(5'Yo' or more in any one year, Grantee shall reimburse City for the cost of the audit, and
in addition to paying any underpayment, pay interest specified in Tigard Municipal Code
Section 5.14.080(e) from the original due date. All payments shall be made within sixty
(60) days of delivery to Grantee of the audit results.
ORDINANCE No. 02-3-0
Exhibit A, Page 5
Grantee may designate portions of the information provided to the City under this section
as confidential. The City shall maintain the confidentiality of such information to the
extent permitted by Oregon Public Records Law (ORS; 192.410 to 192.505).
Confidentiality may be claimed under ORS 192.501(2) (trade secrets), ORS 192.501(19)
(audits of telecommunications carriers), or other applicable exemptions from Public
Records Law.
SECTION 13. LOCATION OF FACILITIES
Grantee agrees to locate telecommunications facilities underground when the City requests in
writing that the specific facility be placed underground. The City agrees that it will not require
that any above ground facilities be placed underground unless all other telecommunications
facilities within the same stretch of right of way are also required to be placed underground.
SECTION 14. INTERFERENCE WITH RIGHTS OF WAY
Grantee shall locate and maintain all its telecommunications facilities so that they do not
unreasonably interfere with the use of rights of way. Grantee agrees to complete all construction
in rights of way so as to minimize disruption of the right of way and utility service and without
interfering with other public and private property. Grantee agrees that it will not conduct any
work in a right of way during a moratorium on right of way work, except as permitted by the
City in case of an emergency.
SECTION 15. CONSTRUCTION PERMIT
Grantee shall obtain a construction permit prior to engaging in any construction or installation
activities within a City right of way and shall comply with all permit terins.
SECTION 16. FACILITIES
Grantee shall install, construct, operate and maintain its telecommunications facilities in City
rights of way in accordiince with all applicable federal, state and local statutes, codes, ordinances,
rules and regulations. Grantee agrees not to place any of its telecommunications facilities on or
in any City pole, conduit, box or similar equipment without a separate agreement from the City
authorizing such placement.
SECTION 17. AS BUILT DRAWINGS
ORDINANCE No. 02-3 C~,
Exhibit A, Page 6
Grantee shall provide City with two complete sets of engineered plans in a form reasonably
acceptable to the City showing the location of all its telecommunications facilities within rights
of way after initial construction of its system and shall provide the City two updated complete
sets of as-built plans at the end of each year whenever any change in location of Grantee's
facilities occurs.
SECTION 18. RESTORATION OF RIGHTS OF WAY
When Grantee, or those acting on its behalf, engages in work in or affecting a right of way or
City property, the Grantee shall promptly, at its own expense, restore the right of way or other
City property, to good order and condition unless otherwise directed by the City.
If weather or other conditions do not permit the complete restoration required by this section, the
Grantee shall temporarily restore the affected rights of way or property. Such temporary
restoration shall be at the Grantee's sole expense and the Grantee shall promptly undertake and
complete the required permanent restoration when the weather or other conditions no longer
prevent such permanent restoration. Any corresponding modification t9 the construction
schedule may be subject to approval by the City.
If Grantee fails to restore rights of way or property to good order and condition, the City shall
give Grantee written notice and provide the Grantee a reasonable period of time not exceeding
thirty (30) days to restore the rights of way or property. If, after said notice, the Grantee fails to
restoie the rights of way or property to as good a condition as exited before the work was
undertaken, the City shall cause such restoration to be made at the expense of the Grantee.
Grantee, or another person acting on its behalf, shall use suitable barricades, flags, flagging
attendants, lights, flares and other measures as required for the safety of all members of the
general public and to prevent injury or damage to any person, vehicle or property by reason of
such work in or affecting such rights of way or property.
All such work shall be done in strict compliance with the rules, regulations, ordinances or orders
which may be adopted from time to time during the continuance of this franchise by the City
Council or City Engineer or as may be otherwise provided by law. The City shall have the right
to fix a reasonable time within which such repairs and restoration shall be completed and upon
failure of such repairs and restoration being made by Grantee, City shall cause such repairs to be
made at the expense of Grantee.
SECTION 19. CONSTRUCTION COORDINATION
Grantee agrees to make a good faith effort to coordinate construction schedules with the City and
other uses of City rights of way. Grantee's coordination efforts shall include, but not be limited
to:
4P
ORDINANCE No. 02-6-0
Exhibit A, Page 7
a. Providing a work schedule to the City prior to January I for known construction work
affecting City right of way for the year starting that date.
b. Meeting with the City once per calendar year to schedule and coordinate work.
C. Obeying orders of the City Engineer or designee relating to the coordination of
construction projects.
SECTION 20. RELOCATION OR REMOVAL
Grantee shall temporarily or permanently remove, relocate, change or alter the position of any
telecommunications facility within the public right of way when requested to do so in writing by
the City. The removal, relocation, change or alteration shall be at Grantee's expense when the
removal, relocation, change or alteration is needed because of construction, repair, maintenance,
or installation of public improvements or other operations of the City within the right of way or
is otherwise in the public interest. In the event that the removal, relocation, change or alteration
is needed to accommodate private development or other private use of the right of way, the
developer or other private party requiring the action shall be responsible for the cost of removal,
relocation, change or alteration. The Grantee shall be under no obligation to remove, relocate,
change or alter its facilities to benefit a private party unless and until the private party pays a
deposit for costs to the Grantee. The City shall specify in the written notice the amount of time
for removal, relocation, change or alteration. In the event of emergency, the Grantee shall take
action as needed to resolve the emergency, and the City may use any form of communication to
direct the Grantee to take actions in an emergency to protect the public safety, health and
welfare.
SECTION 21. DISCONTINUANCE OR REMOVAL OF
TELECOMMUNICATIONS FACILITIES
When Grantee plans to discontinue any telecommunications facility, the Grantee shall submit a
plan for discontinuance to the City. The plan may provide for removal of discontinued facilities
or for abandonment in place. The City Engineer shall review the plan and issue a written order
to Grantee specifying which facilities are to be removed and which may be abandoned in place.
The order shall establish a schedule for removal. The Grantee shall remain responsible for all
facilities until they are removed.
Within thirty (30) days written notice to do so from the City, the Grantee shall, at its own
expense, reinove unauthorized facilities and restore the right of way. A telecommunications
facility that the City Engineer has approved to be abandoned in place is not an unauthorized
telecommunications facility. A telecommunications system or facility is unauthorized under the
following circumstances:
ORDINANCE No. 02-30
Exhibit A, Page 8
a. The telecommunications system or facility is outside the scope of authority granted by
this agreement.
b. The system or facility has been abandoned and the City Engineer has not authorized
abandonment in place.
C. The facility is improperly constructed or installed or in a location not permitted by this
agreement.
If Grantee fails to remove any facility when required to do so under this agreement, the City may
remove the facility and the Grantee shall reimburse the City for the full cost of the removal and
any administrative costs incurred by the City in removing the facility and obtaining
reimbursement.
SECTION 22. TERMINATION
The City may terminate this agreement for the reasons stated in Tigard Municipal Code Section
5.14.500, applying the standards set forth in Tigard Municipal Code Section 5.14.5 10. Prior to
termination, the City shall provide the notice and opportunity to cure provided for in Tigard
Municipal Code Section 5.14.520.
SECTION 23. EQUALTERMS
If at any time subsequent to the execution of this agreement, any other similarly situated provider of
similar telecommunications services shall enter into an agreement with the City governing the use
of public rights of way whose terms and conditions as a whole are more favorable to that provider
than are the terms of this agreement to Grantee, then this agreement may, upon request of Grantee,
be modified such that the terms and conditions as a whole as applicable to Grantee are just as
favorable as the terms and conditions of the other agreement as a whole are to the other
telecommunications service provider.
SECTION 24. NATURAL DISASTER
For purposes of this subsection, the term "Force Majeure" shall mean acts of God, landslides,
earthquakes, lightning, fires, hurricanes, volcanic activity, storms, floods, washouts, droughts, civil
disturbances, acts of terrorism or of the public enemy, partial or entire failure of utilities, strikes,
explosions, lockouts or other industrial disturbances, insurrections, public riots or other similar
events which are not reasonably within the control of the parties hereto. If the Grantee is wholly or
partially unable to carry out its obligations under this agreement as a result of Force Majeure, the
Grantee shall give the City prompt notice of such Force Majeure, describing the same in reasonable
detail, and Grantee's obligations under this agreement shall not be deemed in violation or default
for the duration of the Force Majeure. Grantee agrees to use its best efforts to remedy as soon as
possible, under the circumstances, Grantee's inability, by reason of Force Majeure, to carry out its
responsibility and duties under this agreement.
ORDINANCE No. 02130
Exhibit A, Page 9
SECTION 25. COMPLIANCE WITH LAWS AND REGULATIONS
Both parties reserve the right to seek a change, amendment, or modification to this agreement to
conforin to any applicable state or federal judicial or administrative ruling, state or federal
statute, and or state or federal codes, standards, or regulations as may hereafter be enacted,
adopted or promulgated.
SECTION 26. SEVERABILITY
If any section, sentence, clause or phrase of this agreement should be held to be invalid or
unconstitutional by a court of competent jurisdiction, the parties shall negotiate changes to the
agreement to the extent necessary to make it valid and enforceable.
SECTION 27. CAPTIONS
Captions are intended to facilitate reading and reference to the sections of this agreement. Captions
may be used as a reference aid in interpreting the agreement but shall not be interpreted to be
inconsistent with or to alter the written terms stated in the text.
SECTION 28. SEPARATE COUNTERPARTS
This agreement may be executed in separate counterparts, each of which when so executed shall
be deemed to be an original. Such counterparts shall, together, constitute and be one and the
same instrument.
7 WITNESS WHEREOF,
n~ 2002.
I CA
the parties have executed this agreement this,~~7 1-ay of
CITY OF TIGARD
OREGON, a Municipal Corporation
By:
Mayor jln~riffith
ATTEST:
Catherine Wheatley, City Recorder
Date: 4(-.er,4j,4 Q--2 a L--o~
GRANTEE:
TIME WARNER TELECOM OF OREGON LLC
By: Time Warner Telecom Holdings Inc.,
Its sole member
By:
Title:
Date:
ORDINANCE No. o2-3o
Exhibit A, Page 10
CITY OF TIGARD, OREGON
ORDINANCE NO. 02,31
AN ORDINANCE AMENDING CHAPTER 12. 10 WATER SYSTEMS RULES AND REGULATIONS
OF THE TIGARD MUNICIPAL CODE
WHEREAS, Chapter 12.10 of the Tigard Municipal Code establishes the rules and regulations for, the
Water system; and
WHERAS, there are code sections relating to operational procedures and practices which no longer apply
that need to be deleted; and
WHEREAS, changes are needed to Chapter 12. 10 of the TMC to clarify roles and responsibilities of water
customers; and
WHEREAS, code provisions need to align with current business practices that have evolved over time.
NOW, THEREFORE, THE CITY OF TIGARD ORDAINS AS FOLLOWS:
SECTION 1: The Tigard City Coucil does hereby amend Chapter 12. 10 of the Tigard Municipal Code
as shown in the attached Exhibit "All.
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 UnO-11) 61 0'-kO - vote of all Council members present after being read by number
and title only, thiso__t_24_'f' day of 2-0- 0-2-
Catherine Wheatley, City Re der
APPROVED: By Tigard City Council this -day of jjja,~-, 2002.
Ir
Jaffi-es E. Griffiffi,
Approved as to fo
'tity Attorney'
~ , I ~
Date
&A
ORDINANCE No. 02- 31
Page I
Exhibit A
TIGARD MUNICIPAL CODE
Chapter 12.10 WATER SYSTEM RULES
AND REGULATIONS.
Sections:
12.10.010
Application For Service.
12.10.020
Use Of Water.
12.10.030
Service Size.
12.10.040
Separate Connection.
M
M
12,10.045
12.10.050
etffjng
aster
Furnishing Water.
12.10.060
Private Service Pipes.
12.10.070
Credit For Water Leaks.
12.10.080
Jurisdiction.
12.10.090
Waste - Plumbing - Inspection.
12.10.100
Physical Connections With
Other Water Supplies Or
Systems.
12.10.110
Cross Connection Control
Program.
12.10.120
Payment - Delinquency.
(Repealed By Ord. 96-02).
12.10.130
Water Rates.
12.10.140
Discontinuance Of Service.
12.10.150
Interrupted Service - Changes
In Pressure.
12.10.160
Service Connection
Maintenance.
12.10.170
Main Extensions.
12.10.180
Limitation On The Use Of
Water.
12.10.190
Temporary Or Transient
Service.
12.10.200
Construction Water.
12.10.210
Meter Out-Of-Order - Test.
12.10.220
Fire Hydrants.
12.10.230
Fire Hydrant - Temporary Use.
12.10.240
Illegal Use Of Fire Hydrant Or
Meter.
12.10.250
Amendments - Special Rules -
Contracts.
12.10.260
Grievances.
12.10.270
The Public Works Director And
Authorized Representatives.
12.10.280
Power To Grant Variances.
12.10.300
Findings And Declaration Of A
Water Emergency.
12.10.310
Levels Of Prohibition.
12.10.320
Enforcement.
12.10.330
Penalties.
12.10.340
Water Shut-Off.
12.10.350
Definition.
12.10.010 Application For Service.
No service will be supplied or water
furnished to any premises without customer first
requesti - ith the City, _o*eept uppe.
AARAtt-m _F11-l"eft-on- en printed fefms of the Gity.
(E) f- d. 9 -3 _3 4 "
12.10.020 Use Of Water.
Water will be furnished for ordinary
domestic, business and community purposes, and
fire protection only. No water will be furnished
for the direct operation of steam boilers,
machinery or golf courses, except on an
interruptible basis, and the City will assume no
responsibility therein. (Ord. 93-34)
12.10.030 Service Size.
A
t
d
fi
d
i
en
with
5/82-*
3/4
"
s
an
af
t
il
ee emmee
sefy
i
!led ~&em
l b
,
the
main
to the
m
e
er-, w
b
e
ns
t
fi
Th
nt
of-the
sif
eet
eter-
eur-
eF
:nsWlafi
y
ne.
e
pr-eper
e shall
en ebEff
aee
ou
emp
my all
n
h
ti
g
t
r-
ma
b
be
re
ui
red fer-
ap
e
p
a
ons.
i
e
s
y
ar-ger- rfle
f
Th
i
et
q
er- sh
all be
d
ees
ieFv
d b
i
ze o
.
e s
m
Cit
th
m
ent
Th
e Cit
e
h
tefm
ll
y
ne
ib
y manage
e
f
b
th
b
il
.
s
din
y
to be
s
a
d
pr-eser-
e
ft
er- o
e num
d
t
u
h
g
9e
Fye
em o
er- an
sue
ne me
i
u -
-
-
sh
an
all b
fi
e final.
bus
Hnil
Ne eastemer- shall
institutien
e
iness
fiifn
F
r-
ffl
A
emise
ate.
s othe
h
y
y,
h
,
,
t
t
d b
th
i
p
-
r-
evided
t
h
an t
ese eee
th
t
a
eus
e
y
ep
!b
Cit
G
il
eme
m
r
i p
a
e
;
n-nit a
o
wev
a
er-,
'
e
y
etme
th
th
-h
y p
us
tefae0s
eu
ste
i
me
ers
m
a
h
i
i
hi
u
t
e
eu
steme
se
i
Fy
e
ll b
e eennee
h
eyen
e
t
en,
n w
ddifi
l
d
nth
fni
l
nifatim
w
fi3
r- ea
e e
afge
eb additi
fne
ena
an a
enal oustemer- so
sup
y
plied.
Sueh
12-10-1 SEICode Update: 12101
TIGARD MUNICIPAL CODE
pemit may be feveked and sepmMe sefvie-e
eenneefiens fequir-ed at any fifne. (Ord. 93 34)
Upon the application for new water service, and
12gyment of all charges, the City will install a
:ction and meter of such size and
location as--approved by the Public Works
Department, Wier and water service piping-ahaU
bg_.Iized as usina the fixture count method as
described in the State of Oregon Uniform
Plumbing Code, The minimum size of any wate
meter- which connects to the city water system.
shall be five-efizthgffl=e-fQ3jrths inch.
12-10-2 SEICode Update: 12101
TIGARD MUNICIPAL CODE
12-10.040 Separate Connection.
A separate service connection will be
required for each dwelling, apartment or motel,
place of business, and institution. All outlying
buildings and premises used as a part of such
dwelling place or business or institution may be
served from such connection, as well as all
buildings on such premises operated under the one
management. City shall prescribe the number of
buildings to be served from one meter and such
determination shall be final. Ne eustemer-
Pamish water- te any family, businesq, insfitutiep
ether- than these eeeopied by that
reAded, hewever- that the G-40o-
toc MpItl2cutttmb Ifequifee tit any uFner.
12,10,045 Master Mrtering.
The City
more than o
may 12errnitAhe master metering of
ne water service- - The muer shall
desioate the
12erson who will be responsible for
the payment
of all water charges and will acce
Vt
service of a
.
ll--water related notices,
If any
payment is n
ot made in full-w-ben due. the City
-
may terminat
J if partial payment is
tendered by
other occupants of the premises,
12.10.050 Furnishing Water.
The City shall not be obligated to furnish and
install, at its expense, system facilities for all
property within the City. The City shall, so far as
reasonable and practicable and within its financial
means, however, provide adequate source of
supply, necessary primary feeder mains, storage
facilities and other improvements necessary to
make water service generally available to all areas
within the City. Extensions to furnish water to
areas not now served by the City will be made at
the expense of those persons requesting service.
Such extensions will be made by the City or by
those expressly authorized by the City. All
applications for line extensions to provide new
service are subject to review by the City Council.
Consideration will be given to the City's ability to
serve and to eligibility for annexation to the City
of the property to be served. The City may
contract with other governmental entities for the
provision of water. The terms of service will be
defined by agreement and consistent with the
terms of this Chapter. (Ord. 93-34)
12.10.060 PAvate Seiwlee Pipes. Service
Pipe Standard and
Maintenance,
All pipes
mu t be inst
ffem t
alled i
he meter- te
d
th .
ith
engneefifi
r-aetiee
n aeeef
mee
a
d
i
t
i
w
d i
g p
er-der- b
the e
,
ust
n
ma
n
a
Pi
ne
n geed
b
y
inehes dee
r-
eme
evided
n
pes Fau
ith
t
st
e laid 24
d
p, p
fer- dfaina
e
e
n
-a
fl
w
a s
ep an
waste valve
f
v
g
,
kind ffmst be s
-
-
e leeate
d
a~eier-ed en
e
efil
~ in
st
All
ed
n
net to inteflbr-e
with
,
d
-
h
-
-
-
a
s
t
.
es must be
e
well
F
r- en
-Bnge.
t
t
t
d
e me
een All
.
.
93 34)
Sr,rvice pi
the premisea.,
p
e
-of
whether
ee
e
all sizes, with
r domeslic.
(Gr-d.
in or without
commercial.
or fire pLQJect
ion 12u
ses. must
be materials.
quality, class.
and siz
e as apecified
by the state
plumbing code
Tho
or regul
ati ns of the
within the
Cily~
pumises and
throughout its
entire le
ngth the w
ater meter or
to he pMea
line if
-water meter
is set bphind
the propeM li
ne. mu
st b kept i
n rMair and
protected from
freezi
ng at the ex
pense of the
customer. less
ee. or
- a2ent. wh
o shall be
12.10.070 Credit For Water Leaks.
When a water leak occurs on the customer's
side of the water meter resulting in an unusually
12-10-3 SEICode Update: 12101
TIGARD MUNICIPAL CODE
high water bill, customers may apply for a credit.
The credit is limited to the difference between the
average wholesale cost of water multiplied by the
number of water units estimated to have leaked,
and the total amount of the water bill less normal
usage. The average wholesale cost of water is the
per unit average cost of water as established by
the Intergovernmental Water Board at the
beginning of each fiscal year. The application to
the City for the credit must be in writing and must
include proof of the leak being fixed within 10
days of discovery of the leak.
Any applications for credits greater than this
code section allows will be considered by the
Intergovernmental Water Board. (Ord. 96-39;
Ord. 96-02; Ord. 93-34)
12.10.080 Jurisdiction of Water System.
uts
All se
of the
rviee e
s
t
emeeti
th
etts, m
h
hi
eter-9,
h
mains
i
and
-
d
p
emee
t the
ys
em
i
retig
b
w
e
d th
weAe
r-
s set
ve
,
h
p
r-e
e
Ft
e
p
pes
f th
eyen
Cit
e
d
Fnete
d
i
r-, are
l
t
e
i
p
p
eentf
y
el
N
e
e
er-se
y, a
n
the
n
un
- th
er-
ts
th
P
exe
u
bli
W
s
ye
d
Dir-ee
.
ter- e
p
r- a
th
e
r
-i
d
an
e
u
h
ll
e
i
t
ll
e
Es
sefvi
ee
m
ti
e
ake an
r
ze
p
t
i
er-son
t
s
a
th
ns
a
t
any
eff-
,
er-
t
y
h
-
i
ex
ens
t
en,
uf
i
n
e
t
&
wa
er- e
i
h
n er-
h
,
water
e
- er- th
The o
er
w
se
e system
peration
ampe
. (Ord
and re
r- er-
. 93-34
pair o
n
ef
r-
)
f the C
e w
t
ity's w
t
e
ate
syste
m-
includin
g pi
pQs.
valves
- pu
mps.
reser
voirs.
fixtur
es, et
c. is
the
com
plete
respo
nsibil
ity of
lhe
Cily's
Publ
ic W
orks
Depa
rtmen
t. No
plumb
eL con
tracto
r. or o
tbe
perso
n wil
l be all
owed t
o conn
ect to
or ope
rate
any-m
art o
f the C
ity's w
ater s
ystem
un to
and
12.10.090 Waste - Plumbing - Inspection.
Water will not be furnished to premises
where it is allowed to run or waste to prevent
freezing or through defective plumbing or
otherwise. Plumbing should be of high test and
first class and in conformance with the
appropriate codes of the jurisdiction issifing the
building permit and where pressures may become
high on 5/8" x 3/4" and I" meters, a pressure
regulator may be installed at the meter by the City
to control varying pressures. (On meters 1 1/2"
and larger, customer is responsible for installing a
pressure regulator.) The City will not be
responsible for damage from varying pressures.
The Public Works Director or authorized person
may inspect pipes and plumbing at proper times.
(Ord. 93-34)
12.10.100 Physical Connections With
Other Water Supplies Or
Systems.
Neither cross connections nor physical
connections of any kind shall be made to any
other water supply, whether private or public,
without the written consent and approval of the
City Council, and the written approval of the
Oregon State Board of Health. (Included in this
category are all pipe lines, appurtenances and
facilities of the City system and all pipes,
appurtenances, pumps, tanks, storage reservoirs,
facilities, equipment, appliances, etc., of other
systems whether located within or on public or
private property, or the premises of a water
customer.)
The City's Public Works Director or other
authorized representative shall have the right, at
all reasonable times, to enter upon private
property to inspect the premises of customers for
physical connections with other water supplies.
However, before entering upon private property,
the Public Works Director or other authorized
representative shall obtain the consent of an
occupant or a warrant of the Municipal Court
authorizing entry for the purpose of inspection.
Any such connection shall be removed by the
customer within ten days after written notice to
remove is given by the City. If not removed
within the time specified, the City may remove or
discontinue any connection which it may have for
servicing the property.
12-10-4 SEICode Update: 12101
TIGARD MUNICIPAL CODE
No search warrant shall be issued until an
affidavit has been filed with the Municipal Court
showing probable cause for the inspection by
stating the purpose and extent of the proposed
inspection citing this Chapter as the basis for the
inspection whether it is an inspection instituted by
complaint or other specific or general information
concerning physical connections with water
supply systems violations.
Rules, Ch. 333-61.070).
C. It shall be the objective of the City to
protect the potable water system from
contamination or pollutign due to cross
connections. Water service to any premises shall
be contingent upon the customer providing cross
connection control in a manner approved by the
City. Backflow devices required to be installed
shall be a model approved by the Oregon State
Health Division.
No person shall interfere with or attempt to
prevent the Niblic Works Director or other
authorized representative from entering upon
private premises and inspecting the property when
an emergency exists or the Public Works Director
or authorized representative exhibits a warrant
authorizing entry. (Ord. 93-34)
12.10.110 Cross Connection Control
Program.
The purpose of this section is to protect the
water supply of the City from contamination or
pollution from potential cross connections; and to
assure that approved backflow devices are tested
annually as follows:
A. The installation or maintenance of any
cross connection which would endanger the water
supply of the City is prohibited. Any such cross
connection now existing or hereafter installed is
hereby declared unlawful and shall be rectified as
directed by the City or its authorized
representative(s).
B. The control or elimination of cross
connections shall be in accordance with the
regulations of Oregon State Health Division. The
policies, procedures, and criteria for determining
appropriate levels of protection shall be in
accordance with the Accepted Procedure and
Practice in Cross Connection Control Manual,
Amer. Water Works Association, Pacific
Northwest Section, current edition (OR Admin.
D. Authorized employees of the City with
proper identification shall have free access at
reasonable hours of the day to those parts of a
premise or within buildings to which water is
supplied. Water service may be refused or
terminated to any premise for failure to allow
necessary inspections.
E. These requirements must be strictly
observed as a matter of public health and to
prevent any possible contamination of the water
system. (Ord. 93-34)
12.10.120 Payment - Delinquency.
(Repealed by Ord. 96-02).
(Repealed by Ord. 96-02, Ord. 96-02; Ord. 93-34)
12.10.130 Water Rates.
All rates, fees and charges shall be set by
resolution of the Tigard City Council. (E)Fd. 93
34)
12.10.140 Tem gqry Discontinuance Of
Service.
_Tslup W discontinuance of service for 30
-QL -
days or m ore will be ma le-2goff-Hilb2UL~
upon when the customer notifies the City of date
of intent. ti "tten
e"heatien, md provided all bills
are paid. 'Ord. 93-34)
12-10-5 SElcode Update: 12101
TIGARD MUNICIPAL CODE
12.10.150 Interrupted Service - Changes
In Pressure.
The water may be shut off at any time for
repairs or other necessary work with or without
notice. Conditions may cause a variation of the
pressure. The City will not be responsible for any
damage caused by interruption of service or
varying pressure. When service is interrupted, hot
water faucets should be kept closed to prevent
backflow of hot water or steam. (Ord. 93-34)
12.10.160 Service Connection
Maintenance.
The City will maintain all standard service
connections in good repair without expense to the
customers. Each customer is required to use
reasonable care and diligence to protect the water
meter and meter box from loss or damage by
freezing, hot water, traffic hazards, and other
causes, in default of which, such customer shall
pay to the City the full amount of the resulting
damage.
Each customer is required to maintain
ve,eetation and other obstruction free zone of
minimum of two feet around the meter box. Clear
access to the meter shall be fro the street side in
a direct l2ath to the Water m --r. ---Failure to
maintain the area will result in City personnel
clearing the area to meet the City's meter readinLy
and maintenance needs, -Customer will be
charged any relate - expenses of the City in
clea ng the area. City shall have no liability for
trimmini! or . taining vggetation in order to
=ad meters. (Ord. 93-34)
12.10.170 Main Extensions.
All extens:e-s Faftifis and4atefa6-of
the City, andAnstalled by the G
' shall be paid
0/
Plus 10,
and supeFvisien, and 83; for- engineering. The
estimated eest thefeef-, tegethef: with stieh 18Vo,,
shall be deposited with the GIty wh
i-en appheatien
fer- seeh main extensiea&+j-nmde.-
B. Designed by Gthem,-4nstalled-by--the
"Sien ef
illsWlatien ef impr-evements is pei-Tefined by
lieensed engifteen, s*eet te appr-eyal by the
City, and ifisWled by the Gity, a fee shall be paw
ef 10% fer- ad-i-is-tien inspeetiens, weAer- less,
sampling, ete., and 294 &1
Ths PnQt
eest thefeef-, tege W
-iiiA,1Zll be depesited with the Gity when
a"heatien fer- stieh main extensieng is made.
G. Designed and Installed by Others.
When design or supervision of
installation of improvements is performed by
licensed engineers, and installation is performed
and paid for by others, subject to approval by the
City, a fee in accordance- with the Fees and
Charges Schedule shall b ed ef-42-Va-ef
eenstm-t;en shall be imposed fe
Size of such extensions, type of pipe,
location, gate valves, fixtures, fire hydrants and
other fittings shall be under City specifications
and subject to City approval, and such mains shall
be laid from the end of the existing main to the far
end of the property to be served. No lines or
laterals shall be laid until the estimated cost
thereof, as hereinabove set forth, shall have been
deposited with the City. All such extensions of
mains and laterals, and installation of fire hydrants
shall be the sole property of the City, without right
of immediate refund on the part of the person or
persons paying for such extension or on the part
of any person or persons whomsoever. No
extension of main will be permitted, accepted or
served by the City unless such line be at least a 6-
12-10-6 SEICode Update: 12101
TIGARD MUNICIPAL CODE
inch diameter pipe. Short extensions, such as cul-
de-sacs, can be of small diameter upon approval
of the City.
When a person is required to pay the
cost of extending a water main adjacent to
property other than that person's own so that water
service for domestic use is provided for such other
property without further extension of the water
main, the City shall require the owner of the other
property, prior to providing water service to that
property, to refund to the person required to pay
the cost of extending the water main, a pro rate
portion of the cost of extension. The right to
require such reffind shall not continue for more
than 10 years after the date of installation of the
extension of the water main. The amount to be
refunded shall be determined by the City and such
determination shall be final.
Each construction contractor shall be
approved by the City's Public Works Director
prior to installing pipe lines, pumps, etc. Those
installations made by private contractors will be
thoroughly inspected and approved by the City to
ensure compliance with plans and specifications.
Back-filling of trenches prior to City approval is
unauthorized.
If water main extension is necessary to
serve an existing single family dwelling and the
main size required by the City is larger than a 6"
The expense of the installation across the front of
their property, plus the cost of the meter will bo
with the developer or owner requesting the
extension.
The developer or owner requesting the
construction project shall be liable for any added
cost due to design difficulties. Applicant(s) will
agree to be bound by and comply with the City's
main extension policy and rules and regulations
and any subsequent revisions or amendments to
same which may be made from time to time.
(Ord. 93-34)
12-10-7 SEICode Update: 12101
TIGARD MUNICIPAL CODE
12.10.180 Limitation On The Use Of
Water.
A. Limitation on the use of water as to
hours, purpose, or manner may be prescribed from
time to time by order of the Public Works
Director, based on a finding that the limitation is
reasonable given the available and projected water
supply and demand. Any order under this section
shall be reviewed by City Council at its next
session following issuance of the order. The City
Council may affirm, withdraw or amend the order.
12.10.210 Meter Out-of-Order - Test.
If a meter shall fail to measure accurately, the
bill shall be the average for the same periods in
prior years. Tests will be made periodically
without charge to the customer. A customer may
demand a test upon payment of a charge for such
test. The rates, fees and charges for this test shall
be set by resolution of the City Council. (Ord. 93-
34)
B. The Public Works Director, the City
Manager or the City Council may call for
voluntary reductions in water use, including, but
not limited to, voluntary rotational watering plans.
(Ord. 01-15 §1, Ord. 93-34)
12.10.190 Temporary Or Transient
Service.
Temporary or transient service for
construction work will be rendered upon deposit
in advance of connection charge and one month's
estimated water bill, and payment on the first of
each month of all accrued charges. Upon
discontinuance of service, refund will be made for
all connection materials usable by the City at their
depreciated value, less the cost of removal and all
charges due. No temporary service shall be
installed for any residence or building where
permanent service connection may later be
installed. (Ord. 93-34)
12.10.200 Construction Water.
Rates, fees and charges for water used via a
permanent meter installation for construction
purposes shall be set by resolution of the City
Council. The charges shall be billed at
completion of construction, but shall not exceed a
period of 6 months, unless authorized by the City.
(Ord. 93-34)
- Fi~e hydr-ants will be installed b
t i
advan
i
t
f
y the GiVy
ee ef the
n
paymen
upon r-eee
p
o
fia
f th
h
df-ant
t
ti
A
d
in
q-
--and
e
e
y
,
ees
es
me
e
g
,
installatien, plids 10% fer- ever-head. (O
rd. 93 3 4)
12.10.230 Fire Hydrant - Temporary Use.
Any person who desires to use a fire hydrant
for temporary water supply must obtain
permission of the City. The charge for temporary
use shall be set by resolution of the City Council.
Customer is responsible for repair and/or
replacement of damaged meter. (Ord. 93-34)
12.10.240 Illegal Use Of Fire Hydrant Or
Meter.
The penalty fer- eenneetien Connection o, a
fire hydrant or meter without proper authority is a
SWO fine. Class I civil infraction, (Ord. 93-34)
12.10.250 Amendments - Special Rules -
Contracts.
The City may at any time amend, change or
modify any rule, rate or charge, or make any
special rule, rate or contract, and all water service
is subject to such power. (Ord. 93-34)
12-10-8 SEICode Update: 12101
TIGARD MUNICIPAL CODE
12.10.260 Grievances.
Any grievance as to service or complaints
shall be made to the Public Works Director, who
shall attempt to resolve the problem. Any
unresolved grievances as to service or complaints
shall be reported and will be considered by the
Intergovernmental Water Board at the Board's
next meeting. (Ord. 93-34)
failure or any other event, the City Council may
declare a water emergency and require that water
usage must be curtailed. The declaration shall
include the effective date, the reason for the
declaration and the level of prohibition declared.
The City Council may include an estimated time
for review or revocation of the declaration. (Ord.
01-15 §2)
12.10.310 Levels Of Prohibition.
12.10.270 The Public Works Director And
Authorized Representatives.
The Public Works Director or an authorized
representative are not authorized to make any
changes in these rules, rates, or regulations. (Ord.
93-34)
12.10.280 Power To Grant Variances.
A. Except when prohibited by subsection B
of this section, upon application, the
Intergovernmental Water Board may grant
variances from the water system rules and
regulations enacted by the City of Tigard when it
finds that: 1) strict application of the rules and
regulations create undue economic hardship for
the applicant with no significant benefit to the
water system; 2) the variance requested has no
material adverse effect upon the water system and
it is consistent with established policies of the
Tigard City Council.
B. The Intergovernmental Water Board
may not grant variances relating to annexation of
property, fire protection requirements, cross-
connection requirements, fees, rates and charges.
(Ord. 93-34)
12.10.300 Findings and Declaration of a
Water Emergency.
Upon finding that the municipal water supply
is incapable of providing an adequate water
supply for normal usage due to a drought, system
A. Level I - Limited. The following
activities or actions are prohibited under a Level I
declaration:
1. Watering, sprinkling or irrigating
lawn, grass or turf; exceptions:
(a) New lawn, grass or turf that
has been seeded or sodded 90
days prior to declaration of a
water shortage may be watered
as necessary until established;
(b) High-use athletic fields that
are used for organized play;
(c) If the Level I declaration so
provides, a mandatory
rotational watering plan may
be imposed rather than an
absolute prohibition on
watering.
2. Watering, sprinkling or irrigating
flowers, plants, shrubbery, ground
cover, crops, vegetation or trees
except from 6:00 p.m. to 10:00 a.m.
3. Washing, wetting down or
sweeping with water, sidewalks,
walkways, driveways, parking lots,
open ground or other hard surfaced
areas; exceptions:
12-10-9 SEICode Update: 12101
TIGARD MUNICIPAL CODE
(a) Where there is a
demonstratable need in order
to meet public health and
safety requirements, such as:
to alleviate immediate fire or
sanitation hazards; for dust
control to meet air quality
requirements mandated by the
Oregon Department of
Environmental Quality;
(b) Power washing of buildings,
roofs and homes prior to
painting, repair, remodeling or
reconstruction, and not solely
for aesthetic purposes.
and streams, unless the water is
recirculated through the decorative
water feature. Water features that
do not include continuous or
constant inflowing water are not
included.
6. Wasting water by - leaving
unattended hoses running.
7. Water line testing and flushing in
connection with construction
projects; exception:
(a) Testing and flushing of critical
water facilities.
4. Washing trucks, cars, trailers,
tractors and other land vehicles or
boats or other water-borne vehicles,
except by commercial
establishments or fleet washing
facilities which recycle or reuse the
water in their washing processes or
by bucket and hose with a shut-off
mechanism; exception:
(a) Where the health, safety and
welfare of the public is
contingent upon frequent
vehicle cleaning, such as: to
clean garbage trucks and
vehicles that transport food
and other perishables, or
otherwise required by law.
Owners/operators of these
vehicles are encouraged to
utilize establishments that
recycle or reuse the water in
their washing process.
5. Cleaning, filling or maintaining
decorative water features, natural or
manmade, including, but not
limited to, fountains, lakes, ponds
8. Other actions that the City Council
determines should be restricted,
consistent with a Level I situation,
including any restriction or
curtailment imposed on the City by
water suppliers or applicable law,
regulation or order.
B. Level 11 - Moderate. The following
activities or actions are prohibited under
a Level 11 declaration:
1. Actions and activities prohibited in
a Level I situation.
2. Watering of any lawn, grass or turf,
regardless of age or usage.
3. Watering, sprinkling or irrigating
flowers, plants, shrubbery,
groundcover, crops, vegetation or
trees.
4. Washing of vehicles other than in
establishments that recycle.
5. Power washing of buildings,
regardless of purpose, is prohibited.
12-10-10 SEICode Update: 12101
TIGARD MUNICIPAL CODE
6. Any additional actions that the City
Council determines should be
restricted consistent with a Level II
situation.
C. Level III - Severe. In addition to the
restrictions imposed under Level I and
Level 11, the City Council may impose
any other restriction on water use or
activities that may require the need for
water supplies, consistent with the City
water supply contracts. Activities that
may require the need for water supplies
include fireworks displays and other
events that create a risk of fire. In
imposing a Level III restriction, the City
Council shall consider any restriction
recommended by the Public Works
Director or by any Fire District serving
the City. (Ord. 0 1 - 15 §3)
12.10.320 Enforcement.
A. Warning. The City shall send a letter of
warning for each violation of a
curtailment restriction if no previous
letter of warning has been sent to the
person responsible for the violation.
The letter of warning shall specify the
violation, may require compliance
measures and shall be served upon the
person responsible for the violation.
Service may be in person, by office or
substitute service or by certified or
registered mail, return receipt requested.
12.10.330 Penalties.
A. First Violation - Warning letter.
B. Second Violation of the same type -
Class 3 infraction $50.
C. Third violation of the same type - Class
2 infraction $100.
D. Fourth and subsequent violations of the
same type - Class I infraction $250.
(Ord. 01-15 §5)
12.10.340 Water Shut-Off.
Aller the third violation of a curtailment
restriction, the Public Works Director may order
that the water service to the location where the
violation has occurred shall be shut-off or
reduced. A shut-off notice shall be posted on the
property at least 48 hours prior to the scheduled
shut-off or reduction. The shut-off notice shall
specify the reasons for the shut-off or reduction.
Any person wishing to avoid a shut-off must
provide the Public Works Director with evidence
that the shut-off will create a health or ~afety risk.
All shut-offs imposed under this section shall be
temporary, not to exceed thirty (30) days,
provided the applicable charges are paid prior to
reconnection. The reconnection charge and, if
applicable, the meter disconnection charge
imposed under Section 12.03.030 shall be paid
before the reconnection. (Ord. 0 1 - 15 §6)
12.10.350 Definition.
B. Civil Infraction. After the person
responsible for the violation has
received a warning letter, any
subsequent violation shall be treated as
a civil infraction under Chapter 1.16.
(Ord. 01-15 §4)
As used in Sections 12.10.180 through
12.10.350:
"Rotational watering plan" means a plan for
watering lawns and/or gardens on specific days or
at specific times and not on other days or times.
A rotational watering plan may be voluntary or
mandatory. (Ord. 01-15 §7) 0
12-10-11 SEICode Update: 12101
CITY OF TIGARD, OREGON
L21:z,
ORDINANCE NO. 02- /
AN ORDINANCE EXEMPTING PROPERTIES THAT ARE ZONED MUR I OR 2 THAT WERE
ZONED COMMERCIAL PRIOR TO MARCH 28, 2002 FROM MEETING CERTAIN
REQUIREMENTS BEFORE BEING PERMITTED TO HAVE A COMMERCIAL USE.
WHEREAS, the Washington Square Regional Center Plan was a multi-year plan that was started in 1997
and adopted and implemented in February 2002, and
WHEREAS, there were several new zoning districts designated in the Regional Center including the Mixed
Use Residential (MUR) I and 2 zoning designations; and
WHEREAS, the MUR I and 2 zoning designations permit commercial uses only after the minimum
residential density is met; and
WHEREAS, there are 10 properties that had been zoned commercial prior to the implementation of the
Regional Center Plan and zoning; and
WHEREAS, many of these properties have already been developed with commercial uses which would
become non-conforming, and other properties were vacant and the owners had plans to develop as
commercial only uses; and
WHEREAS, the City Council felt it appropriate to address this unique issue so as not to create inuncdiate
non-confonning uses or add undue burden on property owners' ability to develop their property; and
WHEREAS, if these 10 properties are exempted from meeting the residential density requirement, the City
would continue to comply with Metro's target capacity requirements; and
Vv`HEREAS, the propertics would continue to be permitted and encouraged to develop with all residential
or mixed use developments; and
WHEREAS, the Planning Commission held a public hearing, which was noticed in accordance with the
City standards, on 6-17-02 and voted unanimously to recommend approval of the requestcd amendments to
the City Council; and
WHEREAS, the City Counci I held a public hearing, which was noticed in accordance with City standards,
on 7-23-02 and 8-27-02 and voted to approve the proposed amendments; and
WHEREAS, the decision to adopt was based on compliance with Oregon Statewide Planning Goals #1, #2,
119, and It 10; Metro functional Plan Titles I and 7; Comprehensive Plan Policies 1. 1. 1, 2.1.1, 2.1.2, 5.1 and
6. 1. 1; and Conununity Development Code Chapters 18.380.020 and 18.390.060 as detailed in the staff
report (Exhibit A),
ORDINANCE No. 02-32-
Page I
NOW, THEREFORE, THE CITY OF TIGARD ORDAINS AS FOLLOWS:
SECTION 1: The requested amendments are approved based on the analysis and findings in the staff
report (Exhibit A).
SECTION 2: The adopted development code text amendments, are shown in Exhibit B and the
affected properties are shown in Exhibit C.
SECTION 3: 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 LAYUMiMOU5 vote of all. Council members present after being read by number
and title only, this Q-1 dayof`A~~~ 2002.
, city
L-k
APPROVED: By Tigard City Council this Q-1 day 2002.
r,
hPAIIJ I k , a I
1F41P 4 4 9 M - -
es 11 CO -,I o
Amroved as to form:
Attorney
I . -)_-I , d
Date
ORDINANCE No. 02-:32-
Page 2
EXHIBIT "A"
PLANNING COMMISSION
RECOMMENDRION TO THE
TIGARD CITY COUNCIL
CITY OF TIGARD
Community
Development
Shaping A Better
Community
SECTION 1. APPLICATION SUMMARY
CASE NAME: MIXED USE RESIDENTIAL (MUR 1 &2) DEVELOPMENT CODE AMENDMENTS
CASE NO.: Zone Ordinance Amendment (ZOA) 2002-00003
PROPOSAL: The request is to modify the existing Tigard Development Code language to exempt
certain Mixed Use Residential (MUR 1 and 2) properties from being required to meet
minimum residential density requirements prior to being permitted to have a commercial
use on the property. The exemption would only apply to properties in the Washington
Square Regional Center that were zoned commercial prior to March 28, 2002. There are
10 parcels (totaling 5.25 acres) within the City of Tigard's portion of the Regional Center
that this exemption applies to and are impacted by this amendment. Approximately 1.63
acres were identified as vacant or re-developable in determining target capacity numbers
for the Regional Center, therefore, the number of units that would be deducted from the
potential capacity numbers, if no residential use were constructed on these lots, is
approximately 42 units.
APPLICANT: City of Tigard
13125 SW Hall Blvd.
Tigard, OR 97223
ZONE: Mixed Use Residential (MUR) 1&2
LOCATION: The Washington Square Regional Center area is bounded generally by Fanno Creek
on the west, SW Greenburg Road and Hall Boulevard on the east, Red Tail Golf
Course to the north, and Highway 217, including the Ash Creek area on the southern
border. The MUR 1 and 2 zones are located within the Regional Center, generally west
of Hall Blvd. and east of Ash Creek. The specific parcels affected by this amendment
are identified as Assessor's map and tax lot numbers: 1S135AA-0400, 1S135AA-1400,
1S135AA-1900, 1S135AA-1901, 1S135AA-2000, 1S135AA-2500, 1S135AA-2600,
1 S1 35AA-2700, 1 S1 35DA-2000, and 1 S1 35DA-1 900.
APPLICABLE
REVIEW
CRITERIA: Community Development Code Sections 18.380.020, 18.390.060; Comprehensive Plan
Policies 1.1.1, 2.1.12.1.2, 5.1 and 6.1.1; Statewide Planning Goals 1, 2, 9, and 10; and
Metro Functional Plan Titles 1 and 7.
SECTION 11. RECOMMENDATION
The Planning Commission recommends that the City Council APPROVE the requested Zone
Ordinance Amendment.
PLANNING COMMISSION RECOMMENDATION AND FINDINGS ZOA2002-00003
MIXED USE RESIDENTIAL DEVELOPMENT CODE AMENDMENT PAGE I
EXHIBIT "All
SECTION 111. BACKGROUND INFORMATION and REQUEST
The City Council adopted the Washington Square Regional Center Plan and code amendments in March of
2000. The effective date of those amendments was delayed until March of 2002 at which time the Council
reviewed the work completed by the Task Force for the implementation phase of the plan. It was
determined that the implementation plan adequately addressed Council's previous concerns and Council
passed a resolution implementing the plan. At the City Council hearing, however, testimony was received
from a property owner who owned property zoned neighborhood commercial and who would no longer be
able to build as he had planned under the new zoning of mixed use residential (MUR). The MUR 1 and 2
zones allow commercial development but require that the minimum density be met in order to have a
commercial component. While the Council felt that the plan itself was acceptable and implemented the
zoning, they felt that it was necessary to look at this issue in more detail and directed staff to provide
additional information on the issue. A concern for staff was that all similar properties be treated the same
and, if Council felt changes were needed, it should be simple, fair and consistent among all similarly
affected properties. Staff determined that there are 10 properties in the City of Tigard that had a
commercial zone and were changed to mixed use residential (MUR 1 or MUR 2). Because these
properties were at one time not required to be mixed use in order to develop any commercial uses and the
new standards could result in a non-conforming use or properties having restrictions, it was determined
that an exemption to the minimum density requirement may be appropriate. On the direction of Council,
staff drafted a proposed amendment to the development code which exempts the 10 properties previously
zoned commercial from being to required to build a minimum residential density before being permitted to
construct a commercial use.
The total acreage of these 10 properties is 5.25 acres. Only 1.63 acres were considered vacant or re-
developable for computation of target population numbers. Potential removal of this 1.63 acres from
residential development equates to a loss of approximately 42 units. The densities provided by the
Washington Square Regional Center bring the City above its target capacity number requirements by more
than this amount. Therefore, if these properties do not include a residential component, the City would
continue to exceed its target capacity numbers. It should be noted that residential only and mixed use
developments would continue to be permitted and encouraged on these properties if they develop or re-
develop.
The Planning Commission held a public hearing on June 17, 2002. After deliberation, the Planning
Commission voted unanimously to forward a recommendation of approval to the City Council.
SECTION IV. SUMMARY OF APPLICABLE CRITERIA
Chapter 18.380 states that legislative text amendments shall be undertaken by means of a Type IV
procedure, as governed by Section 18.390.060G.
Chapter 18.390.06OG states that the recommendation by the Commission and the decision by tile
Council shall be based on consideration of the following factors:
A. The Statewide Planning Goals and Guidelines adopted under Oregon Revised Statutes
Chapter 197;
B. Any federal or state statutes or regulations found applicable
C. Any applicable Metro regulations
D. Any applicable Comprehensive Plan Policies; and
E. Any applicable provisions of the City's implementing ordinances.
PLANNING COMMISSION RECOMMENDATION AND FINDINGS ZOA2002-00003
MIXED USE RESIDENTIAL DEVELOPMENT CODE AMENDMENT PAGE 2
EXHIBIT "A"
SECTION V. ANALYSIS
A. The Statewide Planning Goals and Guidelines adopted under Oregon Revised Statutes
Chapter 197;
Notice was provided to DLCD 45 days prior to the first scheduled public hearing as required. In addition,
the Tigard Development Code and Comprehensive Plan have been acknowledged by DLCD. The
following are Statewide Planning Goals that are applicable to this proposal:
Statewide Planning Goal I - Citizen Involvement:
This goal outlines the citizen Involvement requirement for adoption of Comprehensive Plans and
changes to the Comprehensive Plan and implementing documents.
Analysis: This goal has been met by complying with the Tigard Development Code' notice
requirements set forth in Section 18.390. Notice was mailed to all affected property owners (property that
was zoned commercial prior to the implementation of the Washington Square Regional Center Plan) and
properties within 500 feet of the affected properties. Notice was also published in the Tigard Times
Newspaper prior to the hearing. In addition, after the hearing before the Planning Commission, additional
notice was published prior to the City Council Hearing. Two Public Hearings are held (one before the
Planning Commission and the second before the City Council) in which public input is welcome.
Conclusion: This goal is met.
Statewide Planning Goal 2 - Land Use Planning:
This goal outlines the land use planning process and policy framework.
Analysis: The Comprehensive Plan was acknowledged by DLCD as being consistent with the
statewide planning goals. The Development Code implements the Comprehensive Plan. The
Development Code establishes a process and policies to review changes to the Development Code
consistent with Goal 2. The City's plan provides analysis and policies with which to evaluate a request for
amending the Code consistent with Goal 2.
Conclusion: This goal is met.
Statewide Planning Goal 3 - Agricultural Lands
This goal requires, in part, that adopted comprehensive plans be revised to preserve and maintain
agricultural lands.
Analysis: This goal is not applicable to the proposed Development Code amendment because the
amendment does not affect any designated agricultural land.
Conclusion: This goal is not applicable.
Statewide Planning Goal 4 - Forest Lands
This goal requires, in part, that adopted comprehensive plans be revised to preserve and maintain
forest lands.
Analysis: This goal is not applicable to the proposed Development Code amendment because the
amendment does not affect any acknowledged forest lands.
Conclusion: This goal is not applicable.
PLANNING COMMISSION RECOMMENDATION AND FINDINGS ZOA2002-00003
MIXED USE RESIDENTIAL DEVELOPMENT CODE AMENDMENT PAGE 3
EXHIBIT "All
Statewide Planning Goal 5 - Natural Resources
Requires the Inventory and protection of natural resources, open spaces, historic areas and sites
suitable for removal and processing of mineral and aggregate resources.
Analysis: This goal is not applicable to the proposed Development Code amendment because the
amendment does not affect any natural resources. While several properties are located within the 100
year floodplain, the provisions of the amendment will not allow any more development within or adjacent to
the floodplain than the current standards. All regulations protecting these resource areas will continue to
protect them.
Conclusion: This goal is not applicable.
Statewide Planning Goal 6 - Air, Water and Land Resource Quality
This goal is intended to maintain and improve the quality of air, water and land resources of the
state by controlling waste and process discharges.
Analysis: This goal is not applicable to the proposed Development Code amendment because the
amendment does not have an impact on the compliance with Air, Water and Land Resource Quality
regulations.
Conclusion: This goal is not applicable.
Statewide Planning Goal 7 - Natura('Disasters and Hazards
This goal is intended to protect life and property from natural disasters and hazards.
Analysis: This goal is not applicable to the proposed Development Code amendment because the
amendment does not have an impact on the compliance with natural disaster and natural hazard
regulations.
Conclusion: This goal is not applicable.
Statewide Planning Goal 8 - Recreational Needs
This goal requires that the recreational needs of the citizens of the state and visitors be considered
and, where appropriate, to provide for the siting of necessary recreational facilities including
destination resorts.
Analysis: This goal is not applicable to the proposed Development Code amendment because the
amendment does not have an impact on the compliance of Statewide Planning Goal #8.
Conclusion: This goal is not applicable.
Statewide Planning Goal 9 - Economic Development:
This goal requires the provision of adequate opportunities for a variety of economic activities.
Analysis: The proposed amendment continues to provide a variety of economic activities (both
commercial and residential). In addition, properties that were intended to be developed as commercial
only uses will not be required to go through a re-design process in order to comply with the new standards.
Mixed use development continues to be an acceptable and encouraged alternative.
Conclusion: This goal is met.
PLANNING COMMISSION RECOMMENDATION AND FINDINGS ZOA2002-00003
MIXED USE RESIDENTIAL DEVELOPMENT CODE AMENDMENT PAGE 4
EXHIBIT "A"
Statewide Planning Goal 10 - Housing:
This goal requires that plans encourage the availability of adequate numbers of needed housing
units at various price ranges and rent levels and allow for flexibility of housing location, type and
density.
Analysis: The amendment will continue to allow for mixed use and residential only development for
these MUR properties, therefore the availability of housing on these properties remains.
Conclusion: This goal is met because the opportunity for housing at various price ranges and rent levels
remains the same.
Statewide Planning Goal 11 - Public Facilities and Services
This goal requires planning and development of a timely, orderly and efficient arrangement of
public facilities and services to serve as a framework for development. Required public facilities
and services are to be provided at levels necessary and suitable for existing uses.
Analysis: This goal is not applicable to the proposed Development Code amendment because the
amendment does not have an impact on compliance with the Statewide Planning Goal #11.
Conclusion: This goal is not applicable.
Statewide Planning Goall. 2 - Transportation
This goal Is intended to provide and encourage a safe, convenient and economic transportation
system. This Goal Is implemented by Oregon Administrative Rule 660-12, which is also known as
the Transportation Planning Rule (TPR). Section 660-12-060 states that plan amendments which
significantly affect a transportation facility shall assure that allowed land uses are consistent with
the identified function, capacity, and level of service of the facility.
Analysis: This goal is not applicable to the proposed Development Code amendment because the
amendment does not have an impact on compliance with the Statewide Planning Goal #12 and
transportation facilities are not altered as a result of this amendment.
Conclusion: This goal is not applicable.
Statewide Planning Goal 13 - Energy Conservation
This goal requires that land and uses developed on land shall be managed and controlled so as to
maximize the conservation of all forms of energy, based upon sound economic principles.
Analysis: This goal is not applicable to the proposed Development Code amendment because the
amendment does not have an impact on compliance with the energy conservation goals.
Conclusion: This goal is not applicable.
Statewide Planning Goal 14 - Urbanization
This goal requires the orderly and efficient transition from rural to urban land use.
Analysis: This goal is not applicable because the urban growth boundary and transition from urban to
rural zoning is not part of the proposed Development Code amendments.
Conclusion: This goal is not applicable.
PLANNING COMMISSION RECOMMENDATION AND FINDINGS ZOA2002-00003
MIXED USE RESIDENTIAL DEVELOPMENT CODE AMENDMENT PAGE 5
EXHIBIT "All
Statewide Planning Goal 15 - Willamette River Greenway
Required protection, conservation and enhancement of lands along the Willamette River Greenway.
Analysis: The Washington Square Regional Center is not within the Willamette River Greenway,
therefore, this goal does not apply.
Conclusion: This goal is not applicable.
Statewide Planning Goal 16 - Estuarine Resources
This goal requires recognition and protection of unique environmental, economic and social values
of each estuary and associated wetlands and, where appropriate, protect, maintain and restore the
long-term environmental, economic and social values diversity and benefits of Oregon's estuaries.
Analysis: The Washington Square Regional Center does not have any estuaries, therefore, this goal
does not apply.
Conclusion: This goal is not applicable.
Statewide Planning Goal 17 - Coastal Shorelands
This goal requires conservation, protection and, where appropriate, restoration of coastal
shorelands.
Analysis: The Washington Squarec' Regional Center is not located at the beach or along a coastal
shoreland, therefore, this goal is not applicable.
Conclusion: This goal is not applicable.
Statewide Planning Goal 18 - Beaches and Dunes
This goal requires conservation, protection, and where appropriate, restoration of coastal beaches
and dunes.
Analysis: The Washington Square Regional Center is not located at the beach and there are no dunes
within the Regional Center, therefore, this goal is not applicable.
Conclusion: This goal is not applicable.
Statewide Planning Goal 19 - Ocean Resources
This goal requires conservation of the long-term values, benefits, and natural resources of the
nearshore ocean and the continental shelf.
Analysis: The Washington Square Regional Center is not located at the beach or along a coastal
shoreland, therefore, this goal is not applicable.
Conclusion: This goal is not applicable.
FINDING: The proposed amendment Is in compliance with all applicable statewide land use
goals as documented In the above analysis and conclusions.
PLANNING COMMISSION RECOMMENDATION AND FINDINGS ZOA2002-OM3
MIXED USE RESIDENTIAL DEVELOPMENT CODE AMENDMENT PAGE 6
EXHIBIT"Apy
B. Any federal or state statutes or regulations found applicable;
The amendment removes the requirement to construct the minimum residential density in the MUR 1 and 2
zones before being permitted to have a commercial component. There are no federal or state statutes that
require a mixed use zone to develop with a residential component (while this is encouraged). Regional
(Metro) requirements apply and are discussed further in this report.
FINDING: There are no federal or state statutes or regulations applicable to this amendment.
C. Any applicable Metro regulations;
Metro Title 1, which specifies requirements for housing and employment accommodation and Metro Title 7,
which discusses affordable housing requirements are applicable to this amendment.
The Washington Square Regional Center Plan was developed in accordance with the policies of Metro's
2040 Growth Concept. In addition, the densities required in the regional center help the City and
Washington County to achieve their target population numbers. The removal of density could therefore
impact the compliance with the target population numbers. In the case of this amendment, however, it has
been determined that the amendment will not result in the City being out of compliance with its target
capacity requirements. The City exceeds its target capacity requirements by approximately 200 units. If
the MUR properties previously zoned commercial were all developed as commercial only uses, it would
result in a loss of approximately 42 units. This calculation takes into account the properties considered
vacant or re-developable when the initial capacity calculations were completed. In addition, while this
amendment removes the requirement to have a residential use, it does not prohibit a developer from
constructing a mixed. use or residential only development.
FINDING: The amendment does not bring the City out of compliance with any Metro
regulations.
D. Any applicable Comprehensive Plan Policies; and
Policy 1.1.1(a) requires that legislative changes are consistent with statewide planning goals and
the regional plan adopted by Metro.
The proposal is consistent with Statewide Planning Goals as addressed above under 'Statewide Planning
Goals'. The proposal is consistent with the applicable portions of the Metro "Urban Growth Management
Functional Plan" that was adopted in October, 1996, by Metro, as discussed within this report.
Citizen Involvement: Policy 2.1.1 states that the City shall maintain an ongoing citizen involvement
program and shall assure that citizens will be provided an opportunity to be involved In all phases
of the planning process. Policy 2.1.2 states that opportunities for citizen involvement shall be
appropriate to the scale of the planning effort.
The Planning Commission and City Council hearings have been legally advertised. Notice has been sent
to property owners of affected properties and within 500' of affected properties and has been published in
the Tigard Times to ensure that citizens will have the opportunity to learn about the hearing and to
participate in it.
Policy 5.1 states that the City shall promote activities aimed at the diversification of the economic
opportunities available to Tigard residents with particular emphasis placed on the growth of the
local job market.
The proposed amendment continues to provide a variety of economic activities (both commercial and
PLANNING COMMISSION RECOMMENDATION AND FINDINGS ZOA2002-00003
MIXED USE RESIDENTIAL DEVELOPMENT CODE AMENDMENT PAGE 7
EXHIBIT "A"
residential). In addition, properties that were intended to be developed as commercial only uses will not be
required to go through a re-design process in order to comply with the new standards. Mixed use
development continues to be an acceptable and encouraged alternative.
Policy 6.1.1 states that the City shall provide an opportunity for a diversity of housing densities and
residential types at various prices and rent levels.
The amendment will continue to allow for residential development for these MUR properties, therefore the
availability of housing on these properties remains.
FINDING: Based on the analysis above, the applicable Comprehensive Plan policies have been
met.
E. Any applicable provisions of the City's Implementing ordinances.
The only applicable City Development Code standard is Chapter 18.380 which regulates amendments.
While 18.520 will be amended, there are no specific criteria in 'this section that needs to be reviewed in
order to make this decision. The Tigard Development Code Section 18.380 outlines the process for
reviewing Development Code Text Amendments.
FINDING: This staff report and the findings herein show that all applicable provisions of the
Tigard Development Code have been addressed and are met with the proposed
amendment.
SECTION VI. ADDITIONAL CITY STAFF AND OUTSIDE AGENCY COMMENTS
City of Tigard Current Planning Division, City Administration, Planning and Engineering
Technicians, City of Beaverton, Metro Land use and Planning Growth Management, DLCD, The
Oregon Department of Transportation, and Washington County have all had an opportunity to review
this proposal and have offered no comments or objections to the proposed zone change.
e~a /4;w-
PREPARXBY: )fflia HaJduk
Associate Planner
June 24, 2002
DATE
SIGNED: Marlf Padgett
Planning Commission Chair
1:\Irpln~ulia\zoa\mur\zoa2OO2-00003PC recommendabon.doc
PLANNING COMMISSION RECOMMENDATION AND FINDINGS
MIXED USE RESIDENTIAL DEVELOPMENT CODE AMENDMENT
t J- 2- ~ -,q)t,
DATE
ZOA2=-00003
PAGE 8
EXHIBIT "B"
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'All permitted and conditional uses subject to special development standards contained in
18.520.050A.
2 Permitted subject to requirements Chapter 18.742.
3 See Chapter 18.798 Wireless Communication Facilities, requirements for permitted and
restricted facilities.
4 Uses operating before 7:00 AM and/or after 10:00 PM are conditional uses.
5AII permitted, limited and conditional uses must meet special development standards in
18.520.050B.
6 Residential units permitted by right, as a mixed use in conjunction with a commercial
development, on or above the second floor of the structure, at densities not to exceed 12
units/net acre.
7 Limited to 10,000 gross square feet in size, except retail food and beverage outlets, which are
limited to 40,000 gross square feet or less.
8 Limited to motor vehicle cleaning only.
9When combined in single structure, each separate establishment shall not exceed 5,000 gross
square feet.
loUses operating before 6:00 AM and/or after 11:00 PM; or drive-up windows are conditional
uses.
"A single-family unit providing that , Ii is located on the same site with a permitted or conditional
use in and is occupied exclusively by a caretaker or superintendent of the permitted or
conditional use. Multi-family housing is permitted as part of a PD, subject to Chapter 18.350.
12Cleaning, sales and repair of motor vehicles and light equipment is permitted outright; sales
and rental of heavy vehicles and farm equipment and/or storage of recreational vehicles and
boats permitted conditionally.
"Multi-family residential units, developed at R-40 standards, as a mixed-use in conjunction with
commercial development on or above the second floor of the structure, only in the C-P District
within the Tigard Triangle and Bull Mountain Road district.
14 Restaurant permitted with restriction in size in conjunction with and on the same parcel as a
commercial lodging use.
"As accessory to offices or other permitted uses, the total space devoted to a combination of
retail sales and eating/drinking establishments may not exceed more than 20% of the entire
square footage within the development complex.
16 May not exceed 10% of the total square footage within an office complex.
17Single-family attached and multi-family residential units, developed at R-40 standards, except
the area bounded by Fanno Creek, Hall Boulevard, O'Mara, Ash Avenue and Hill Street, within
Proposed NIM- I and NfUR-2 code changes
which property zoned for CBD development which shall be designated R-12 PD and shall be
developed as planned developments in conformance with the R-12 District standards.
"Motor vehicle cleaning only.
'9Drive-up Windows permitted conditionally.
20AII permitted and conditional uses subject to special development standards contained in
18.520.050C.
21 Multi-family residential, at 25 units/gross acre, allowed outright. Pre-existing detached single-
family dwellings are permitted outright.
22 New Retail and sales uses may not exceed 60,000 gross leasable area per building within the
Washington Square Regional Center or Tigard Triangle, except for those areas zoned C-G at
the time the MUE zoning district was adopted in the Tigard Triangle.
23AII activities associated with this use, except employee and customer parking, shall be
contained within buildings.
24Permitted as accessory to a pqrmitted use as long as this use is contained within the same
building as the permitted use, and does not exceed the floor area of the permitted use.
2*5 Permitted provided the use is no larger than 60,000 square feet of gross floor area per building
or business.
2'3Household living limited to single units, attached, and multi-family including but not limited to
apartments, attached condominiums, townhouses and rowhouses at a minimum density of 25
dwelling units per acre and a maximum density of 50 dwelling units per acre.
27Wireless only as attached to structure within height limit - see Chapter 18.798
28AII Permitted and Conditional Uses subject to special development standards contained in
18.630
29Group living with five or fewer residents permitted by right; group living vvrith six or more
residents permitted as conditional use.
30 Pre-existing housing units permitted. Conversion of pre-existing housing units to other uses is
subject to the requirements of Chapter 18.630
31 Permitted for pre-existing housing units, subject to requirements Chapter 18.710.
32 Except water, storm and sanitary sewers, which are allowed by right.
33in-home day care which meets all state requirements permitted by right; freestanding day care
centers which meet all state requirements permitted conditionally.
34This use is allowed only in mixed-use developments in the Washington Square Regional
Center. Commercial uses shall occupy no more than 50% of the total floor area within the
mixed-use development, and shall be permitted only when minimum residential densities are
Proposed MLJR- I and MUR-2 code changes
met. Aft-e~M to the requirement that co=ercial uses may be permftted-QDIY if residential
Proposed MLJR-I and MUR-2 code changes
3-~"The maximum building footprint size permitted for any building occupied entirely by a
commercial use or uses shall be 7,500 square feet. -An except* to the limit on the size of a
buildina occupied by c!2mmercial uses is l2rovided for properties zoned commercial prio,LW
implementation of the Washington Square Regional Center Plan (3/28/2002). The exe
MUR--2 zoning district apply which may limit the ultimate size of commercial development
C
lz~dm
AGENDA ITEM #
FOR AGENDA OF S, Q-7, Oa
CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUMMARY
ISSUE/AGENDA TITLE Update on Randall Grant Program --44
VV
PRE-PARED BY: Liz Newton DEPT BEAD OK ~,Qk^w ~GR OK
ISSUE BEFORE THE COUNCIL
An update on the Randall Funding and Development Grant Program.
STAFF RECOMMENDATION
No action necessary,
INFORMATION SUMMARY
As Council is aware, the city's contract with Randall Funding and Development expired on June 12, 2002.
However, Randall Funding and Development will continue to provide services to the city at no cost for the 2002-03
fiscal year. Specifically, the city continues to receive weekly grant alerts and Randall will provide grant research
and write foundation, competitive, and non-competitive grants as requested by the city in letters of authorization.
Since the last update to Council on April 23, 2002, the city was awarded $10,667.99 from the Department of Justice
for reimbursement of fifty percent of the cost of bullet proof vests. Randall identified the grant opportunity and
prepared the grant on behalf of the city.
The city will pursue fimding through the Meyer Memorial Trust for improvements to the open space portion of the
new library site for an environmental education component. A letter of authorization for assistance has already been
submitted to Randall. There is no deadline for grant submissions to the Meyer Memorial Trust so the timing of
preparation of that grant request will be determined as the library project progresses.
The city's contact at Randall has identified new federal legislation that was just approved that may be a source for
funding mobile data terminals (MDTs) for police vehicles. The grant description should be released around October
at the beginning of the federal fiscal year. We will review the description and determine whether or not to apply at
that time.
OTHER ALTERNATIVES CONSIDERED
None.
N/A
VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY
ATTACHMENT LIST
None.
FISCAL NOTES
No cost associated with this report.
I.-%ADMkCrrY COUNCIOCOUNCIL AGENDA ITEM SUMMARIES\RANDALL DRAW PROGRAM UPDATE.DOC
MEMORANDUM
TO: . Honorable Mayor & City Council
FROM: Cathy Wheatley, City Recorder
RE: Additional Materials for the August 27, 2002, City Council Meeting
DATE: August 23, 2002
Attached are the following materials for the August 27, 2002, Council meeting:
• Item 5.2 - A revised resolution and Page I of the municipal court judge's contract to
reflect that the contract terms are retroactive to July 1, 2002.
• Item 12 - Information on the staffs recommendation with regard to awarding the
contract for architectural and design services for the new Tigard library. (This is a
Local Contract Review Board item.)
• Item 14- A proposed resolution directing staff to prepare an annexation plan for the
Bull Mountain area.
1AAWCATHY1COUNCIUCOVER MEMO - B-27-02 ADDIL CC MATERIALDOC
PUBLIC COMMENT
RECOGNITION OF
COUNCILOR JOYCE PATTON
Due to Time Constraints
City Council May Impose
A Time Limit on Testimony
AGENDA ITEM NO. 2
Date: August 27, 2002
Name
Street Address
City, State, Zip
0-\IKK \ I ~ 0, ft Z)
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9-9(-,s
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%\TIG333\USRXDEPTSIADM\GREER%CITY COUNCIL%CCSIGNUFr%PUBLIC COMMENT TESTMNY RECOG PATTONDOC
AGENDA ITEM # c;~
FOR AGENDA OF -Auggst 27,2002
CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUMMARY
ISSUEIAGENDA TITLE Presentation of Certificate of Recoenition - Councilor Joyce Patton
PREPARED BY: C&thy Wheatley -DEPT BEAD OK W 5-xzKy MGR 04qum"
ISSUE BEFORE THE COUNCIL
Presentation by Mayor Griffith of a Certificate of Recognition to Councilor Joyce Patton for her years of service
(1999-2002) on the Tigard City Council.
STAFF RECOMMENDATION
N/A
INFORMATION SUMMARY
Councilor Patton submitted her resignation as Tigard City Councilor effective September 1, 2002 (see attached
letter). To acknowledge Councilor Patton's service to the City of Tigard as a Tigard City Councilor (1999-2002),
Mayor Griffith will present a Certificate of Recognition to Councilor Patton during the August 27, 2002, Council
meeting.
OTHER ALTERNATIVES CONSIDERED
N/A
VISION TASK FORCE GOAL AND ACTION CQhDETTEE STRATEGY
N/A
AIT
ACHMENTLIST
Letter dated August 12, 2002, from Tigard City Councilor Joyce Patton submitting her resignation as
Councilor efflective September 1, 2002.
FISCAL YOTES
N/A
[:\ADMXPACKET VZ%20020827\ACKNOWLEDGE PATTON AISDOC
August 12, 2002
City of Tigard
Attn: Mayor James Griffith
13125 SW Hall, Blvd.
Tigard, Oregon 97223
RE: Letter of Resignation
Dear lkyp~ffith;
it is with regret that I must submit my resignation as a Tigard City Councilor eff~ctive September
1, 2002. 1 will be moving out of the jurisdiction and must step down. It has been an honor and a
privilege to serve with you and my fellow councilors. I am confident that, with such dedicated
leadership, the City of Tigard is in good hands.
I also want to commend the outstanding City staff that I have been fortunate enough to meet and
work with for the past several years. I particularly want to thank Bill Monahan, his executive
statX and all of the Department Directors for their leadership, professionalism and dedication to
the citizens of the City of Tigard,
Finally, I am grateful to have had the opportunity to serve the citizens of Tigard. This has been
my community for almost 20 years. My son attended Tigard/ Tualatin schools. It is not easy to
move out of the City, although we are not going far -just across the way to Beaverton.
However, I want you to know that I plan to continue my involvement with the City of Tigard to
the extent that my job commitments allow.
Sincerely,
ajoycee Patton
Tigard City Councilor
cc:
Councilor Brian Moore
Councilor Craig Dirksen
Councilor Ken Scheckla
Mr. William Monahan, City Manager
AGENDA ITEM NO. 4 - VISITORS AGENDA DATE: August 27, 2002
(Limited to 2 minutes or less, please)
Please sign on the appropriate sheet for listed agenda Items. The Council wishes to hear from you on other issues
not on the agenda, but asks that you first try to resolve your concerns through staff. Please contact the City Manager
prior to the start of the meeting. Thank you.
NAME, ADDRESS & PHONE
71
TOPIC
STAFF CONTACTED
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VISITOR'S AGENDA Page I
AGENDAITEM#
FOR AGENDA OF Au" 2 2002
CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUMMARY
pprove Amendment to Munigipal Court Judge's Contract
ISSUE/AGENDA TITLE A
PREPARED BY: N. Robinson 44&&~-DEPT HEAD OK CITY MGR OK
ISSUE BEFORE THE COUNCIL
The City and Nfichael J. O'Brien entered into a two-year contract in 2001 for judicial services. The contract allows
for review of compensation in the 2002-2003 fiscal year.
STAFF RECOMMENDATION
Approve the resolution amending Michael O'Brien's 2001-2003 personal services contract.
INFORMATION SUMMARY
In 2001 the City and Michael J. O'Brien entered into a two-year contract for judicial services. Section 2 of the
contract states that compensation will be reviewed at the end of 2001-2002 to determine what adjustment is
appropriate. Ibe Judge's 2001-2002 compensation of $25,285.00 was based on a projected hourly rate of
$70.00 per hour. Review of the Judge's timesheets show he worked 434 hours last fiscal year. This lowers his
hourly rate to $58.26.
The increase in the Judge's hours was due to a 20% increase in caseload, including an unusually large volume of
code compliance cases, and the time spent coordinating and establishing the juvenile court program. Caseload
projections for this fiscal year are slightly higher, so it is logical the court hours will stay in the same range.
Given the additional workload and hours it is appropriate to adjust Judge O'Brieres compensation. The
amended contract increases the Judge's compensation to $30,000.00. At $70.00 per hour, this allows for 428.5
hours ofjudicial time.
Section 3 "COMPENSATION" of Judge O'Brien's contract is the only section of the contract being amended.
OTHER ALTERNATIVES CONSIDERED
Do not increase the Judge's compensation. This would require a reduction in caseload and court hours.
VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY
N/A
Resolution and Amended Contract
AT-FACHMENT LIST
FISCAL NOTES
Sufficient funds have been allocated in the 2002-2003 budget.
AGENDA ITEM # (D
FORAGENDAOF Augiist27.2002
CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUMMARY
ISSUE/AGENDA TITLE An Ordinance Amending Chapter 12.02 (Sanit= Sewer and Surface Wate
Management) of the Tigard Municipal Code Maldn2 Appimpriate Name and Title Changes.
PREPARED BY: Tom Irndieke DEPT BEAD OK CITY MGR OK 4,fJIVI r1l fV
- (V
Should the Council amend Tigard Municipal Code (TMC) 12.02 to reflect the name change of Unified Sewerage
Agency to Clean Water Services, the title of City Administrator to City Manager, and reference Clean Water
Services Ordinances and Resolutions as amended?
Amend TMC 12.02 to reflect the recommended changes.
As part of the continuing effort to update the Tigard Municipal Code, certain name and reference changes are being
recommended in the Tigard Municipal Code that applies to the management of sanitary sewer and surface water
management. The Unified Sewerage Agency has changed the Agency name to Clean Water Services and the title
of City Administrator is no longer used. The title of this position is now City Manager. In addition, the existing
code references Clean Water Services Ordinances and Resolutions (Resolution and Orders No. 91-47, Ordinance
Nos. 26 through 28, Resolution and Order No. 93-33, and Resolution and Order No. 92-60) as being "in full force
and effect" as part of TMC 12.02. However, it does not indicate whether future amendments would apply as well.
This change would make future amendments to the Clean Water Services ordinances and resolutions be applicable.
Retain TMC 12.02 as written.
Does not apply.
Ordinance with attachment.
There is no cost associated with this action.
0.
I:b
AGENDA ITEM # '7
FOR AGENDA OF Aueust 27- 2002
CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUMMARY
ISSUE/AGENDA TITLE An Ordinance Amending Chapter 12.03 (Billing and Collection of Utility Charges)
of the Tigard Municipal Code Clafif3dng Procedures in the Collection of I itility Charges and Making Appropriat
Name and Title Changes.
PREPARED BY: Tom Irndieke -DEPT HEAD OK Ole CITY MGR 10 At~~y
Should the Council amend Tigard Municipal Code (TMC) 12.03 to reflect current procedures in the collection of
utility charges; discontinue after-hour reconnection of service; and reflect the name change of Unified Sewerage
Agency to Clean Water Services and the title of City Administrator to City Manager?
Amend TMC 12.03 to reflect the recommended changes.
In addition for the need to update TMC 12.03 to reflect the name change of Unified Sewerage Agency to Clean
Water Services and the title change of City Administrator to City Manager, there are clarifications and changes
being recommended to the procedures for the billing and collection of utility charges. The recommendation
includes the following changes and clarifications:
12.03.010 - Adds the word sanitary in front of sewer to clarify reference.
12.03.020 - Clarifies the distribution of collections between fimds so that it is proportionate among surface
water management, sanitary, and water when there are partial payments of a utility bill.
12.03.030 (d) - There are several methods for a customer to make a payment now, each should be checked
before the cutoff date and time for shutoff.
12.03.030 (e) - Clarifies collection of disconnection charge and discontinues the practice of after-hour
reconnection. Service would be reinstated if the customer pays any delinquent charges by 5:00 p.m. on the
shutoff day.
12.03.030 (f) - No change other than clarifying existing procedure.
12.03.050 (a) - Clarifies and simplifies language for the returned check charge. No change in fee.
12.03.050 (b) - Clarifies that repair and maintenance of water meters is the responsibility of current owner and
not initial purchaser.
12.03.060 - (a), (b), and (c) - Increases the level of authority to which adjustments can be made to reflect the
increase in costs that have occurred since the last revision of the code.
Retain TMC 12.03 as written.
01~
Does not apply.
Ordinance with attachment.
There is no cost associated with this action.
AGENDA ITEM # 8
FOR AGENDA OF August 27,2002
CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUMMARY
ISSUE/AGENDA TITLE An ordinance granting to Time Warner Telecom of Oregon LLC a franchise to
conduct a telecommunications business in the Cijy of Tigard, Oregon, including th right to place poles, wires,
and other gppliances for telecommunication pMoses in the public rights-of-wgy, and authorizing the MAyor to
sign this agreement.
--j CE_CITYMGROK~,-4aV WW
PREPARED BY: Craig Prosser DEPT HEAD OK
ISSUE BEFORE THE COUNUIL
Should the City of Tigard grant a telecommunications franchise to Time Warner Telecom of Oregon LLC?
STAFF RECONEVIENDATION
Approve the franchise
INFORMATION SUMMAKY
Time Warner Telecommunications of Oregon LLC has requested a franchise to provide telecommunications
services within the City of Tigard. Time Warner has paid the telecommunications franchise application fee as
required by TMC 5.14.
TMC 5.14 establishes the procedure, terms, and conditions for granting new telecommunications franchises. This
chapter establishes a standard franchise agreement, which may be approved by the Council by resolution if agreed
to by the applicant. If the applicant requests substantive changes to that standard agreement, the franchise must be
approved by ordinance.
Time Warner reviewed the City's standard franchise agreement, and accepted most of the terms and conditions, but
also requested a few semantic and style changes and a few substantive changes. The substantive changes to the
standard agreement include:
1. Section 2 Franchise Fee - Time Warner asked to prorate its first six-month minimum payment. The agreement
establishes a franchise fee of $7,500 per year or 5% of gross revenue (which ever is greater) payable semi-
annually. If approved by Council, this agreement will take effect on Sept. 26, 2002, leaving approximately 3
months remaining in the calendar year. Time Warner asked to pay for 3 months of the year, rather than a full 6
inonths.
2. Section 4 Transfer or Assignment - Time Warner asked for language clariBling that it could transfer this
franchise to a parent, affiliate, or subsidiary company and that it can assign the franchise to a commercial
lending institution as collateral for a financing transaction without prior City approval.
3. Section 6 Service to City - The City's standard agreement provides for the franchisee to charge the City its
most favorable rate offered in Oregon for a similar volume of service should the City desire service from the
franchisee. Time Warner requested a change to the most favorable rates in the Portland local calling area for
similar services and volumes.
4. Section 8 Defense, Indemnity and Hold Hannless - Time Warner requested additional language clarifying its
responsibility to indemnify and hold the city harmless from allegations of negligence, carelessness, wrongful
acts, failure to act, or other misconduct.
5. Section 12 Audit - Time Warner requested additional language clarifying its ability to request confidential
treatment under Oregon law of any information it submits in conjunction with an audit of its franchise fee paid.
6. Section 17 As Built Drawings - Time Warner requested a change in language so that it has to submit as-built
drawings in each year that it changes location o f facilities rather than each year.
7. Section 23 Equal Terms - Time Warner requested the addition of this section to allow it to request modification
of this agreement if the City should offer better terms to a similarly situated provider at any time during the life
of this agreement.
8. Section 24 Natural Disaster - Time Warner requested the addition of this section to deal with the impacts of
natural disasters and acts of God on its ability to perform under this franchise.
9. Section 25 Compliance with Laws and Regulations - Time Warner requested the addition of this section to
allow either the City or Time Wamer to re-open the terms of this franchise to conform to any changes in state or
federal laws, standards, or regulations.
10. Section 26 Severability - Time Warner requested the addition of this section to allow either the City or Time
Warner to renegotiate this agreement if any one section is held to be invalid or unconstitutional by a court of
law.
11. Section 27 Captions - Time Warner requested the addition of this section to clarify the use of section captions
in interpreting the meaning of the sections of this agreement.
12. Section 28 Separate Counterparts - Time Warner requested the addition of this section to allow this agreement
to be signed in separate counterparts.
The City Attorney has reviewed and approved all of these requested changes.
This agreement will not go into effect until it has been signed by both parties and until September 26, 2002. Time
Warner is interested in beginning construction on its system as soon as possible. The City Attorney and staff have
informed Time Warner that they may apply for all necessary permits after this agreement is approved by Council
but before the effective date of the ordinance to start the permitting process. Staff will not, however, issue any
permits until after this agreement has been signed and until after the effective date of this ordinance.
OTHER ALTERNATIVES CONSIDERED
Attempt to renegotiate specific provisions of the franchise agreement. However, under the Telecommunications
Act of 1996, cities may not set up requirements that create a barrier to entry into the local telecommunications
market.
VISION TASK FORCE GOAL AND ACTION CONQvHTTEE STRATEGY
NA
ATTACHMENTLIST
Ordinance, including Attachment A to the Ordinance
FISCAL NOTES
Time Warner telecommunications of Oregon has agreed to pay the standard City of Tigard Telecommunications
Franchise fee of $7,500 per year (except in the first year of operation) or 5% of gross revenues, whichever is
greater.
AGENDA ITEM # q
FOR AGENDA OF Auguat 27,2002
CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUMMARY
ISSUE/AGENDA. TITLE A Resolution Amending Resolution 02-06 by Amending Exhibit A Thereto and
Increasing. Adding. and Eliminating Certain Water CbarSps
PREPARED BY:- Tom ImdiekgMennis Koellermeic DEPT HEAD OK CITY MGR OKtotuo/r
Shall the City Council amend, add and eliminate certain water charges in the Fees and Charges Schedule to reflect
current practices and recoup actual costs?
STAEE RECOMMENDATI
Amend Fees and Charges Schedule to reflect the recommended changes.
INFORMATION S
Chapter 12.03 and 12. 10 of the Tigard Municipal Code provides that fees and charg es for water and related services
be established by Resolution of the City Council.
During the updating of TMC 12.03 and 12.10, Public Works and Finance staff reviewed current practices and
associated charges. Staff determined that the charges for temporary hydrant usage and meter disconnection were
not recouping the City's costs associated with providing these services. Also, the fees for Meter Out-of-Order Test
and Water Main Extensions were not included in the Fees and Charges Schedule (Resolution No. 02-06). The
current practice of after-hour reconnection of service due to disconnection of service from delinquent account(s) is
being discontinued due to low usage and high cost. The fee associated with this service needs to be removed from
the Fees and Charges Schedule.
OTHER ALTERNATIVES CONSIDERE
Retain Fees and Charges Schedule as written.
VISION TASK FORCE GOAL AND ACIIQN COMMITTEE STRATEGY
Does not apply.
ATTACHMENT LIS
Resolution
Exhibit A attachment
There is no cost associated with this action.
AGENDA ITEM # 10
FOR AGENDA OF 8-27-02
CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUMMARY
ISSUE/AGENDA TITLE Amend Tigard Municipal Code 12. 10 - Water System Rules & Regulations
PREPARED BY: Dennis Koellen-neier DEPT HEAD OK CITY MGR 01~
ISSUE BEFORE THE COUNCIL
Shall the Council amend Tigard Municipal Code (TMC) 12. 10 to update several provisions of water service
to align municipal code requirements with current utility service practices and other TMC provisions.
STAFF RECOMMENDATION
Amend TMC 12. 10 to reflect the recommended changes.
INFORMATION SUMMARY
As part of the continuing effort to update the Tigard Municipal Code, certain changes are being
recommended to the water system rules and regulations section of the TMC. These changes are being
recommended to:
e Better clari-Py roles and responsibilities of water customers
Delete code sections relating to operational procedures or practices which no longer apply
Align code provisions with current business practices that have evolved over time.
Specifically, changes are being proposed to the following sections;
Application for Service (12.10.010)
Service Size (12.10.030)
Separate Connections (12. 10.040)
Service Pipe Standards and Maintenance (12.10.060)
Jurisdiction of Water System (12.10.080)
Temporary Discontinuance of Service (12.10.140)
Service Connection Maintenance (12.10.160)
Main Extensions (12.10.170)
Illegal Use of Fire Hydrant or Meter (12.10.240)
Staff is also recommending the addition of section 12.10.045 titled Master Metering, and the deletion of
sections Fire Hydrants (12.10.220) and Main Extensions, (12.10.170.A and B.) These changes were
considered by the Intergovernmental Water Board (IWB) at their August 14, 2002 meeting. Upon adoption
of these changes by the City Council, the IWI3 will need to adopt identical changes to their "Rules and
Regulations" so all customers in the Tigard Water service area are under the same criteria.
OTHER ALTERNATIVES CONSIDERED
Retain TMC 12. 10 as written
VISION TASK FORCE GOAL AND ACTION CQMfl!LE-E STRATE~
N/A
A=ACIM= LIST
1. Proposed ordinance with Exhibit "N'
FISCAL NOTES
There is no cost associated with this action.
AGENDA ITEM No. 11
Date: August 27, 2002
PUBLIC HEARING
TESTIMONY
SIGN-UP SHEET
Please sign on the following page(s) if you wish to testifV before City Council on:
Due to Time Constraints
City Council May Impose
A Time Limit on Testimony
1AADNAGREEMCSIGNUMPH TESTMNY UPDATED 6-13.DOC
AGENDA ITEM No. II Date: August 27, 2002.
PLEASE PRINT
nt - (Speaking In Favor) Opponent - (SReaKinAgain
Address & Phone No. Name, Address & Phone No.
j Name, Address & Phone No. I Name, Address & Phone
Address & Phone No. 11 Name, Address & Phone No.
Neutrai
Address & Phone No.
Name, Address & Phone
Name, Address & Phone No.
Name, Address & Phone No. 11 Name, Address & Phone No. I Name, Address & Phone No.
0 Name, Address & Phone No. 11 Name, Address & Phone No. 11 Name, Address & Phone No.
Name, Address & Phone No. j Name, Address & Phone No. 11 Name, Address & Phone No.
AGENDA ITEM No. 11 Date: August 27, 2002.
PLEASE PRINT
nt - (Speaking In Favor) Opponent - (spei
Address & Phone No. Name, Address &
IVeuW-di
Name, Address & Phone
Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No.
lirName, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No.
Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No.
Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No.
Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. I
AGENDA ITEM # .
FOR AGENDA OF
CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUMMARY
August 27, 2002
ISSUE/AGENDA TITLE A Resolution of the City of Tigard authorizing the issuance and sale of its General
Obligation Bond and General Obligation Refunding Bond to the Oregon Economic and Community
Development Department G
PREPARED BY: Craig Prosser DEPT HEAD OK CITY MGR OK_C w
ISSUE BEFORE THE COUNCIL
Should the Council authorize the sale of an interim bond and a permanent (i.e. refunding) bond to the Oregon
Economic and Community Development Department (OECDD) to fund the New Tigard Library project?
STAFF RECOMMENDATION
Approve issuance of the bonds
INFORMATION SUMMARY
On May 21, 2002, Tigard voters approved the issuance of $13,000,000 of General Obligation Bonds for the new
Tigard Library. Staff began the process to issue these bonds this fall. The Oregon Economic and Community
Development Department (OECDD) contacted the City in late June, however, with an offer to provide financing
for this project through the Oregon Bond Bank. (OECDD previously loaned the City money for the Cook Park
Project through this same program.) Staff analyzed the pros and cons of issuing bonds on our own or financing this
project through OECDD. Staff presented this analysis to Council on July 23, 2002, and the Council agreed with the
staff recommendation to finance this project through OECDD.
OECDD normally funds projects such as the New Library Project by loans, using a combination of state bond
proceeds and funds from the Oregon State lottery. In this instance, the City Attorney and bond counsel for
OECDD concluded that the City must issue a General Obligation Bond, as approved by the voters, in order to
pay for financing using the General Obligation Bond levy. The attached resolution and all documents are set up
to authorize the issuance of bonds.
One of the City's conditions in working with OECDD was to receive funds in hand no later than October 15,
2002 so that it can exercise the option to purchase the property. OECDD committed to meeting this schedule.
The State Treasurer, however, controls state bond sales. The Treasurer scheduled the OECDD bond sale for
November. In order to meet the City's need for funds in hand by October 15, OECDD has offered to provide
interim funding by purchasing a short-term (one year) bond that will be fully pre-payable. Once the Oregon
Bond Bank sells its bonds in November, the City will then issue a refunding bond to pay-off the interim
financing and to convert the financing to a 20 year term. There is no cost to the City and no negative impact on
interest rates from this arrangement. The resolution authorizes the City to issue both sets of bonds.
OTHER ALTERNATIVES CONSIDERED
The City could issue its General Obligation Bonds on its own. However, to do so, the City would have to pay
costs associated with the issuance of the bonds which would reduce the net amount of funding for the Library
project. These additional costs could range from $200,000 to $260,000. In addition, OECDD will obtain the
money to buy the City's bonds by issuing bonds of its own and then pass that interest rate on to the City.
OECDD will buy bond insurance to obtain a Aaa credit rating for its bonds, thereby achieving a lower interest
rate than the City could achieve for uninsured bonds.
VISION TASK FORCE GOAL AND ACTION COIv1MITTEE STRATEGY
NA
ATTACHMENT LIST
Resolution
FISCAL NOTES
Authorizing issuance of these bonds will obtain $13,000,000 for the New Library Project while avoiding up to
$260,000 in bond issuance costs.
Agenda Item No.:
Meeting of:
Packet Materials for
12
August 27, 2002
Local Contract Review Bard to Consider
the Award of the Contract for Architectural
and Design Services for the New Tigard
Library
will be available in hard copy by Friday, August 23, 2002 and will
be delivered to City Council in their Friday mail packet
Contact the City Recorder's Office at 503-639-4171
for more information
AGENDA ITEM # IQ.
FOR AGENDA OF August 27, 2002
CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUMMARY
ISSUE/AGENDA TITLE: Award of the Architectural/En ngi eering Services Contract for the New Tigard Library
Project
PREPARED BY: A.P. Duenas DEPT HEAD OK CITY MGR OK WW
ISSUE BEFORE THE COUNCIL
Shall the City enter into a contract with SRG Partnership, PC to provide architectural/engineering services for
the new library project?
STAFF RECOMMENDATION
That the Local Contract Review Board, by motion, approve award of a contract in the amount of $999,600.00
and authorize the City Manager to sign the contract.
INFORMATION SUMMARY
Eight firms responded to the Request for Proposals (RFP) for Architectural/Engineering Services on the new
Tigard Library Project. The proposals were carefully reviewed and five firms were selected for interview as the
next step in the selection process. The firms to be interviewed were determined by evaluating the qualifications
and experience of each firm as described in its proposal. Evaluation of experience included the general
experience of the firm and the staff to be assigned to the project along with the firm's specific experience with
libraries. Because there are state funds involved in the project funding, the selection process is required to be
qualification-based. Hence, the firms were not asked to include fees as part of the evaluation.
The five firms invited for interview are:
BML Architects, Portland, Oregon
SERA Architects, Inc., Portland, Oregon
SRG Partnership, PC, Portland, Oregon
Opsis Architecture, Portland, Oregon
Fletcher Farr Ayotte PC, Portland, Oregon
Following the interviews, the Selection Committee narrowed the five firms to the top two. Reference checks
were conducted on both firms. After extensive review of the credentials and strengths of the two firms, the
Selection Committee selected SRG Partnership, PC as the design consultant for the new Library Project. Staff
requested a fee proposal for the services in the RFP and negotiated an acceptable fee for the work. Award of the
contract would allow the design consultant to immediately begin the design work on the project.
OTHER ALTERNATIVES CONSIDERED
None
VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY
The design and construction of the new Tigard Library supports the Tigard Beyond Tomorrow Urban & Public
Services, Goal #3 - Adequate facilities are available for efficient delivery of life-long learning programs and
services for all ages.
ATTACHMENT LIST
None
FISCAL NOTES
Funding for this contract is authorized under the FY 2002-03 Capital Improvement Program under the City
Facilities System Program. There is sufficient funding allocated in the Facility Fund for the contract award.
I--TAfA ide%S=%9O d2 Rem Sun M Sheet fw UbrWY Project ME Conhad doc
TESTIMONY
SIGN-UP SHEETS
Please sign on the following page(s) if you wish to testify before City Council on:
COMMERCIAL USE
Due to Time Constraints
City Council May Impose
A Time Limit on Testimony
\\TIG3331USR\DEPTS\ADM\GREER\CITY COUNCIUCCSIGNUPIPH TESTIMONY QJ CONTINUED.DOC
E
AGENDA ITEM No. 13 Date: August 27,2002
PLEASE PRINT
Pro onent - S eakin In
Name, Address & Phone
Address & Phone
Opponent - (Speaking A air
Name, Address & Phone No
Name,
Name, Address & Phone No. 11 Name,
& Phone No.
& Phone
Neutrai
Address & Phone
Address & Phone
Name, Address & Phone No.
Address & Phone No. Name, Address & Phone No. Name, Address & Phone No.
Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No.
Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No.
AGENDA ITEM # 13
FOR AGENDA OF August 27.2002
CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUMMARY
PREPARED BY: Julia Haiduk DEPT HEAD OK
Should the Development Code be amended to exempt properties that were zoned commercial prior to being zoned
Mixed Use Residential 1 or 2 from being required to meet minimum residential density requirements in order to
develop a commercial use?
STAFF RECOMMENDATION
Adopt the proposed exemption amendment by adopting the attached Ordinance.
INFORMATION SUMMARY
At the City Council hearing on February 26, 2002, implementing the Washington Square Regional Center Plan
and Development Code amendments, testimony was received from a property owner of property zoned
neighborhood commercial who would no longer be able to build as he had planned under the new zoning of
mixed use residential (MUR). The MUR 1 and 2 zones allow commercial development but require that the
minimum density be met in order to have a commercial component. While the Council felt that the plan itself
was acceptable and implemented the zoning, it was felt that this issue should be looked at in more detail and
staff was directed to provide additional information on the issue. A concern was that all similar properties be
treated the same and, if Council felt changes were needed, it should be simple, fair and consistent among all
similarly affected properties. It was determined that there are 10 properties in the City of Tigard that had a
commercial zone and were changed to mixed use residential (MUR 1 or MUR 2). Because these properties
were at one time not required to be mixed use in order to develop any commercial uses and the new standards
could result in a non-conforming use or properties having restrictions, it was determined that an exemption to
the minimum density requirement may be appropriate. On the direction of Council, a proposed amendment to
the development code was drafted which exempts the 10 properties previously zoned commercial from being to
required to build a minimum residential density before being permitted to construct a commercial use.
The Planning Commission held a public hearing on the issue on June 17, 2002. No public testimony was
received and, after deliberation, the Planning Commission voted unanimously to forward a recommendation of
approval of the amendment to the City Council. The City Council opened the hearing on this issue at the July
23, 2002 meeting and continued the hearing to allow for re-notice after an omission was discovered on the
vicinity map that had been included in the original notice. Notice has been re-mailed and re-published with a
corrected map that includes all affected property owners.
OTHER ALTERNATIVES CONSIDERED
1. Do not adopt the proposed amendment.
2. Ask for revisions to the proposed exemptions.
ISSUE BEFORE THE COUNCIL
VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY
Growth and Growth Management Goal #1, Strategy #5, "Address planning and growth issues associated with the
Regional Center."
ATTACENIENT LIST
Attachment 1: Draft Ordinance
Exhibit A: Staff Report
Exhibit B: Proposed Development Code Amendments
Exhibit C: Map of affected properties
Attachment 2: Draft June 17th Planning Commission Minutes
FISCAL NOTES
N/A
Attachment 2
DRAFT
CITY OF TIGARD
PLANNING COMMISSION
Meeting Minutes
June 17, 2002
1. CALL TO ORDER
President Padgett called the meeting to order at 7:00 p.m. The meeting was held in
the Tigard Civic Center, Town Hall, at 13125 SW Hall Blvd.
2. ROLL CALL
Commissioners Present: President Padgett; Commissioners Anderson, Bienerth,
Munro, Scolar, Sutton, and Webb
Commissioners Absent: Commissioners Buehner and Mores
Staff Present: Julia Hajduk, Associate Planner; Dan Plaza, Parks Manager;
Duane Roberts, Associate Planner; Jaimie Dumdi,
Administrative Specialist; Jerree Gaynor, Planning
Commission Secretary
3. PLANNING COMMISSION COMMUNICATIONS
Next meeting will be July 15th.
4. PUBLIC HEARING
4.1 ZONE ORDINANCE AMENDMENT (ZOA 2002-00003)
MIXED USE RESIDENTIAL (MUR 1 & 2) DEVELOPMENT CODE AMENDMENTS
REQUEST: The request is to modify the existing development code language to
exempt properties that were zoned commercial prior to March 28, 2002 from being
required to meet minimum residential density requirements prior to being permitted
to have a commercial use on the property. There are 10 parcels (5.25 acres) within
the City of Tigard's portion of the Regional Center that this exemption applies to and
are impacted by this amendment. Approximately 1.63 acres were Identified as
vacant or re-developable in determining target capacity numbers for the Regional
Center, therefore, the number of units that would be lost if no residential use were
constructed on these lots is approximately 42 units (if minimum densities were
constructed). LOCATION: The Washington Square Regional Center area is
bounded generally by Fanno Creek on the west, SW Greenburg Road and Hall
Boulevard on the east, Red Tail Golf Course to the north, and Highway 217,
including the Ash Creek area on the southern border. The MUR 1 and 2 zones are
located within the Regional Center, generally west of Hail Blvd and east of Ash
Creek. ZONE: Mixed Use Residential (MUR) 1&2. APPLICABLE REVIEW
CRITERIA: Community Development Code Sections 18.380.020, 18.390.060;
Comprehensive Plan Policies 1.1.1, 2.1.1 2.1.2, 5.1 and 6.1.1; Statewide Planning
PLANNING COMMISSION MEETING MINUTES - June 17, 2002 - Page 1
DRAFT
Goals 1, 2, 9, and 10; and Metro Functional Plan Titles 1 and 7.
STAFF REPORT
Julia Hajduk presented the staff report on behalf of the City. Testimony received
at the City Council hearing raised concern that there are properties previously
zoned commercial prior to adoption of the Regional Center Plan that would be
negatively impacted by the new Mixed Use Residential zone designation. This
amendment proposes an exemption for only those properties that were
previously zoned commercial so that they do not have to meet the residential
component in order to be developed commercially. While not required to build to
the minimum residential density, they are encouraged to have a mixed used
development and must still meet all other Regional Center standards. Target
capacity numbers will continue to be met and therefore staff recommends the
Planning Commission forward a recommendation of approval to City Council.
In response to inquiry from President Padgett, Ms. Hajduk clarified that this
exemption applies only to properties that are now zoned mixed use residential
but were previously zoned commercial, regardless of whether or not they are
developed or vacant, i.e., parcels ready to be commercially developed as well as
parcels already developed with commercial uses.
PUBLIC TESTIMONY
None
PUBLIC HEARING CLOSED
Commissioner Webb moved that, based upon the findings in the staff report, the
Planning Commission recommend to the City Council to approve ZOA 2002-
00003. Commissioner Scolar seconded the motion. A voice vote was taken and
the motion passed unanimously.
4.2 BONITA PARK MASTER PLAN
Dan Plaza gave a PowerPoint presentation on the Bonita Park Master Plan
(Exhibit A). This is a 5-acre site located on Milton Court off Bonita Road by 74th
Avenue. Staff recommends the Planning Commission forward a
recommendation of approval to City Council. The City Council will consider the
plan at its next meeting on July 8, 2002.
Discussion items:
A CDBG (Community Development Block Grants) provide funding for
underprivileged areas.
➢ Staff is comfortable that public input has been satisfied. The site is small and
contains wetland areas and a buffer zone along the creek that limit what can
be developed on it. A picnic shelter may be added in the future.
PLANNING COMMISSION MEETING MINUTES - June 17, 2002 - Page 2
DRAFT
➢ The playground area will not be secluded by a ring of tall trees. Due to input
from the Police Department, it may be moved further south than what is
depicted in this plan in order to increase visibility.
➢ The City Forester will develop the tree plan.
➢ A nice portable restroom facility will likely be installed.
➢ Native landscaping, street lighting, and visibility will be emphasized.
➢ Milton Court has adequate parking on both sides. The other side of Milton
Court is zoned commercial.
➢ Through Metro, the City has use of 13 acres of green space to north.
➢ Bike racks will be installed.
➢ Nine-foot basketball rings are discouraged due to damage caused by dunking.
PUBLIC TESTIMONY
None
PUBLIC HEARING CLOSED
Commissioner Munro moved that, based upon the presentation by staff, the
Planning Commission recommend to the City Council to adopt the Bonita Park
Master Plan, incorporating comments heard from the Planning Commission at
this meeting. Commissioner Bienerth seconded the motion. A voice vote was
taken and the motion passed unanimously.
4.3 SUMMERLAKE PARK MASTER PLAN
Dan Plaza gave a PowerPoint presentation on the Summerlake Park Master Plan
(Exhibit B).
Discussion items:
➢ There is a very active dog park committee and maintenance of grass in the
dog and other areas is not anticipated to be a problem. The grass will likely
need to be restored after five years. Staff will check into whether there is a
specific type of grass that would be more suitable for the dog area.
➢ Development of the water areas will be reviewed by the City's risk department.
The final plan will be reviewed by the City's insurer.
➢ Native plantings and low or no irrigation is encouraged.
➢ Construction of the project will be phased over two years, but the order in
which specific areas are developed has not been prioritized. The playgrounds
and picnic shelters are likely to be developed first.
PLANNING COMMISSION MEETING MINUTES - June 17, 2002 - Page 3
DRAFT
PUBLIC TESTIMONY IN FAVOR
Michael Cox, 16697 SW 108th Ave., Tigard, OR 97224 - is a dog owner and
member of the dog park committee. The 8-person committee is very committed to
maintenance of the park through volunteers. Park users will be encouraged keep
dogs on-leash-use off-leash area. Numerous steps have been implemented to
maintain cleanliness and park aesthetics. He supports the plan.
Chris Garsteck, 11774 SW 125 h Ct., Tigard, OR 97223 - lives in Summerlake
Park area and member of the dog park committee. The City park master plan
shows a need for three dog parks in Tigard. A survey at last year's balloon festival
showed 90% of citizens are in favor of an off-leash dog park. She recommends
approval of this plan with an off-leash dog park area. Dog Park volunteers are
working with Susan Koepping to coordinate park maintenance efforts.
Steven Topp, 12566 SW Bridgeview Ct., Tigard, OR 97223 - lives in Winterlake
area-area residents are in favor of the park plan as proposed. A skateboard park
is not suitable for this area.
Michelle Sittel, 17085 SW Eldorado, Tigard, OR 97224 - member of dog park
committee - testified in support of the Summerlake Park Plan as proposed.
Jonathan Male, 12910 SW Winter Lake Dr, Tigard, OR 97223 - signed up to
speak, but chose not to.
Christie Smith, 11320 SW Ambiance Ct., Tigard, OR 97223 - signed up to speak,
but chose not to.
Gene McAdams, 13420 SW Brittany, Tigard, OR 97223 - wants the record to
show that the citizens who participated in development of this plan recommended
against the skate park and the BMX facility. These facilities are not suitable to the
nature of this park; the space required would diminish the beauty and benefits of
the park. It would be helpful if the square footage of the maintenance building
were specified. He recommends that the building blend into the park in a
harmonious fashion. Endorses open space in the park.
The Planning Commission noted that limited resources will ensure that the
building will not be any larger than is necessary.
PUBLIC TESTIMONY IN OPPOSITION
None
PUBLIC HEARING CLOSED
Discussion items:
➢ The Planning Commission endorses open spaces in the park.
PLANNING COMMISSION MEETING MINUTES - June 17, 2002 - Page 4
DRAFT
➢ The ofd leash dog area in front of the maintenance building will help to screen
the building. A road on the west side of parking lot goes through the trees to
access the facility.
➢ Use native plantings as much as possible.
➢ Have some areas that have no or low irrigation needs.
➢ Use a more hardy grass for the dog area.
Commissioner Eienerth moved that, based upon the presentation by staff and
testimony heard at this hearing, the Planning Commission recommend to the City
Council to adopt the Summerlake Park Master Plan, incorporating comments
heard at this meeting. Commissioner Anderson seconded the motion. A voice
vote was taken and the motion passed unanimously.
5. OTHER BUSINESS
None
6. ADJOURNMENT
The meeting adjourned at 8:15 p.m.
Jerree Gaynor, Planning Commission Secretary
ATTEST: President Mark Padgett
PLANNING COMMISSION MEETING MINUTES - June 17, 2002 - Page 5
Agenda Item No.: 14
Meeting of: August 27, 2002
The Resolution related to
Bull Fountain Annexation
will be available in hard copy by Friday, August 23, 2002 and will
be delivered to City Council in their Friday mail packet
Contact the City Recorder's Office at 503-639-4171
for more information
06-4 rr) 6t;
Co (16L fs • a3.0
AGENDA ITEM # I q
FOR AGENDA OF 8/27/02
CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUMMARY
ISSUE/AGENDA TITLE Bull Mountain Annexation Policy Direction
PREPARED BY:_ Jim Hendrvx DEPT HEAD OKCITY MGR OK
Over the past year the City has explored the possibility of annexing the Bull Mountain area. Based on these efforts,
three non-island annexation policy alternatives were developed and presented to Council on August 20, 2002.
Council concurred to proceed with preparation of an annexation plan in coordination with Washington County for
the November 2003 ballot. Council's action will be memorialized by resolution.
STAFF RECOMMENDATION
Adopt the attached resolution that directs staff to proceed with preparation of an annexation plan in coordination
with Washington County for the November 2003 ballot.
INFORMATION SUMMARY
In 2001, the Tigard City Council established a goal to develop an annexation policy for non-island areas, such
as Bull Mountain, and directed staff to study the feasibility of annexing the Bull Mountain area. Since July
2001, the City has been exploring annexation of the Bull Mountain area through a focus group with residents, a
study, an open house with residents, and most recently, a phone survey. The City hired Riley Research Associates
to poll both Bull Mountain and Tigard residents to determine their attitudes on issues related to annexation and
methods of annexation, including an annexation plan.
This information has been used in the development of three non-island annexation policy alternatives: 1) An
annexation plan, which provides a plan for the sequence of annexation, local standards of service, a schedule of
providing urban services, the effect on existing urban service providers, and long-term benefits of annexation;
2) Implementation of selected programs, which would develop a specific annexation policy and program
addressing targeted issues such as open space and UGB expansion; 3) Continuation of the existing approach,
which does not require annexations but assists property owners if they wish to annex.
At its August 20, 2002 Council meeting, staff was directed to return with a resolution to proceed with
preparation of an annexation plan in coordination with Washington County for the November 2003 ballot.
OTHER ALTERNATIVES CONSIDERED
Not adopt the attached resolution.
VISION TASK FORCE GOAL AND ACTION CQMMITTEE STRATEGY
Growth and Growth Management Goal #2, Urban services are provided to all citizens within Tigard's urban growth
boundary and recipients of services pay their share.
ATTACHMENT LIST
#I- Resolution directing staff to prepare an annexation plan for the Bull Mountain area for Council's
consideration, including Exhibit A - Annexation Plan Timeline
FISCAL NOTES
N/A
\\TIG333\USR\DEPTS\LRPLN\beth\Annexation\Council\AIS 8 27 02.doc
AGENDA ITEM #
FOR AGENDA OF Auavust 27 2002
CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUMMARY
ISSUE/AGENDA TITLE Washm on uoun uroan gerviuu~ r. 1~~1.=~..~ aV! / ,
PREPARED BY: Jim Hendryx DEPT HEAD OK ITY MGR OK
ISSUE BEFORE THE C UNCIL
Should Council renew the Intergovernmental Agreement (IGA) with Washington County to provide planning,
building, and engineering related services to the Urban Services Area?
STAFF RECOMMENDATION
It is staff s recommendation that Council authorize the Mayor to sign the Urban Services Intergovernmental
Agreement between City of Tigard and Washington County, amending and extending the agreement for another
5 years.
INFORMATION SUMMARY
Washington County and Tigard entered into an Urban Services Agreement in May of 1997. The agreement
initially provided for the City to provide for development related planning, building, engineering services, and
street maintenance activities. The agreement was subsequently amended, eliminating Tigard provision of street
maintenance activities. The latest agreement includes amendments reflecting current procedures and operating
practices and addresses the issue of collection of Park System Development Charges (SDCs) in the event the
City decides to do an annexation plan for the Urban Services Area and the voters approve the plan. This
provision would provide for SDC collections between the time the voters approve the plan and the time the area
is officially annexed into the City of Tigard. The revised agreement further clarifies that the County is
responsible for routine street maintenance while contracting with the City to provide surface maintenance
(overlays, etc.).
The terms of the agreement remained in effect for 5 years and the agreement expired May 12, 2002. It was
extended until September 9, 2002. By mutual agreement the contract may be terminated at any time. Unilateral
termination can only occur between the dates of March 151 and July 1St of any year, with 90 days written notice
to the other party.
OTHER ALTERNATIVES CONSIDERED
Terminate the agreement, as provided for in Section V.A. of the Intergovernmental Agreement with
Washington County.
VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY
Growth and Growth Management, Goal #2) Urban services are provided to all citizens within Tigard's urban
growth boundary and recipients of services pay their share; Strategy #1 Adopt criteria that outlines when and
under what circumstances areas on Bull Mountain will annex. Action Plans:
■ Provide targeted education program aimed at newcomers and specific Bull Mountain areas
■ Reach agreement with Wash. County that allows full provision of services by City including police service
and annexation.
■ Expand ability to get annexation waivers for provision of sewers to Bull Mountain.
■ Create agreement with County that establishes under what conditions City will accept County facilities.
ATTACHMENT LIST
Attachment 1 - Urban Services Agreement
FISCAL NOTES
The program is fee supported.
1 V '1C Attachment 1
URBAN SERVICES INTERGOVERNMENTAL AGREEMENT
BETWEEN
CITY OF TIGARD AND WASHINGTON COUNTY
This agreement is entered into this day of , 2002, by WASHINGTON COUNTY,
hereinafter "COUNTY" and the CITY OF TIGARD, hereinafter "CITY", both political'subdivisions of
the State of Oregon.
WHEREAS, ORS 190.007 provides for the furthering of economy and efficiency in local
government and that intergovernmental cooperation is a matter of state wide concern; and
WHEREAS, ORS 190.010 provides that units of government may enter into agreements for the
performance of any and all functions and activities that a party to the agreement, its officers or
agencies have authority to perform; and
WHEREAS, Article IV(B)(2) of the Urban Planning Area Agreement called for a study of the
transfer of responsibility for certain urban services from the COUNTY to the CITY to detennine
the cost effectiveness and feasibility of this transfer; and
WHEREAS, the COUNTY and the CITY believe it is in the best interest of efficiency and
economy to transfer responsibility of certain services to the local unit of government
consistent with the objectives of ORS 195;
WHEREAS, the COUNTY and the City entered into an urban services IGA dated May 12, 1997 and now
wish to update that agreement;
WHEREAS, this agreement provides for a newly designed method to provide governmental
services, is unique to the parties, and is subject to amendment; it is not intended to be used as a
model agreement for other jurisdictions;
URBAN SERVICES INTERGOVERNMENTAL AGREEMENT/TIGARD/WASHINGTON COUNTY
Page I
Attachment 1
NOW, THEREFORE, THE COUNTY AND THE CITY AGREE AS FOLLOWS:
1. AREA AFFECTED BY AGREEMENT
A. The area affected by the intergovernmental agreement is defined by Exhibit "I" to
this agreement and is hereinafter referred to as the "area."
II. DELEGATION OF AUTHORITY
A. The COUNTY agrees to delegate to the CITY any and all additional authority that
it possesses and which is needed by the CITY to carry out planning, development, road
functions and other related activities within the area. The effective date and terms of the
delegation of authority are as provided for in this agreement. Among the actions to be
authorized pursuant to this provisions will be:
1. Provision of planning information to applicants for development review for
all land development proposed for the area.
2. Performance of pre-application conferences.
3. Preparation of staff reports and performance of site visits for pending
applications.
4. Coordination and provision of public notice of land use applications.
5. Collection of fees pertaining to development applications, building permits
right-of-way use fees, systems development charges and traffic impact fees.
6. Presentation of staff recommendations pertaining to land use proposals at
public hearings.
7. Preparation of administrative decisions for those applications that do not
require public hearings, in keeping with the Tigard Community Development
Code.
8. Conducting of public hearings before the land use approval authority as
provided by the Tigard Community Development Code.
9. Conducting of appeal hearings before the land use approval authority as
provided by the Tigard Community Development Code.
10. Preparation of final orders for all final decisions made pursuant to this
agreement.
11. Representing the CITY in any appeal of a decision made by the CITY
under this agreement to LUBA or any other court and representing the CITY in
URBAN SERVICES INTERGOVERNMENTAL AGREEMENT/PIGARD/WASHINGTON COUNTY
Page 2
Attachment 1
mandamus actions or any other actions in state or federal court.
12. Review of construction activities related to development approvals granted
pursuant to this agreement for compliance with conditions of development
approval.
13. Coordination with engineering and other appropriate staff for review and
approval of public facilities related to development application and construction.
14. Interpretation of the applicable comprehensive plan and implementing
regulations for the area.
15. Exercise of subdivision authority within the area.
16. Processing and issuance of building permits for all construction activities
within the area. Performance of all building inspecting and enforcement relating to
permits issued.
17. Surface maintenance and improvements of roads within the area; all other
routine maintenance shall be provided by County.
18. Issuance of all access permits and right of way use and right-of-way
construction permits for the area.
19. Enforcement of code and permit violations including:
a. Development and zoning violations
b. Building code violations
c. Conditions of approval violations
d. Right of way permit violations
e. Road and street hazards
20. Reviewing OLCC and DMV land use compatibility statements.
21. Collection of Park System Development Charges pursuant to the provisions of
Exhibit 7.
III. RESPONSIBILITIES OF THE PARTIES
A. General Terms Regarding Responsibilities of the Parties.
It is the intention of the parties hereto that there be no cost to the CITY in the
undertaking of the responsibilities under this agreement. As to operational costs, the fee schedule
adopted for development review and building permit services is intended to fully cover all direct
and indirect costs to the CITY associated with development review and building permit functions.
URBAN SERVICES INTERGOVERNMENTAL AGREEMENTITIGARD/WASHINGTON COUNTY
Page 3
Attaclunent 1
As of the date of this Agreement, the parties contemplate that there are three broad areas
of cost of service in the Area which is the subject of this agreement. Those areas of cost are:
1. operational expenses,
2. defense of litigation, administrative and LUBA appeals occasioned by
development review and engineering review of development; and
3. liability under tort, constitutional and related theories.
It is the intent of the parties that the CITY will be fully compensated for operational
expenses relating to this Agreement through application fees collected by the City or by funds
transferred from the County. The remaining two described cost areas to the CITY will be
analyzed as provided in Section (IV)(B) and (VI).
B. The County agrees to perform the following activities as part of this
intergovernmental agreement:
1. Transfers of all special fund allocations to the CITY for specific services
denoted in this agreement shall be made in accordance with the provisions of Exhibit 3.
Any interest accrued by the CITY shall be used in furtherance of delivering such specific
services. In the event of funding short falls for operational expenses arising out of the
CITY's assumption of obligations under this agreement, the provisions of paragraph
IV(A)(1) shall govern the transfer of additional funds to the CITY by the COUNTY.
2. Any service under this agreement provided by CITY that requires payment
by COUNTY to CITY for such service shall only be required of the CITY as long
as COUNTY makes the payments to CITY as required by this agreement. This
agreement shall terminate if COUNTY is unable to make payments to CITY
required under this agreement due to reductions in the COUNTY budget.
3. Provide as needed technical assistance to the CITY to assist in those
services requiring COUNTY expertise. Such technical assistance shall be
delivered to the CITY at no charge and in a timely manner. More specifically, the
COUNTY agrees to provide technical assistance in development review to assist
the CITY's Community Development Department render appropriate land use
decisions including "areas of special concern" and floodplain/drainage hazard
areas, as defined in the COUNTY's Bull Mountain Community Plan.
4. Provide coordination with the CITY in updating and development of the
COUNTY's transportation capital improvement program.
5. Adopt provisions of Tigard's Municipal Code, allow the use of certain City
engineering standards (e.g., street width, curb type, sidewalk location), and other City
rules that are necessary for the CITY to have authority to fulfill the delegation provisions
listed under section II of this
agreement.
6. If at a quarterly meeting, it is determined that the COUNTY fee schedule is
URBAN SERVICES INTERGOVERNMENTAL AGREEMENT/I'IGARD/VVASHINGTON COUNTY
Page 4
Attachment I
not adequate to compensate CITY for services performed, upon presentation of
adequate documentation to this effect, COUNTY shall adjust its fee schedule for
the area to attempt to cover the cost of the service. In addition, the cost recovery
provisions of paragraph IV(A) shall apply consistent with the intent that there be
no net loss to the CITY for operational expenditures under this agreement.
C. The CITY agrees to perform the following activities as part of this intergovernmental
agreement:
1. Perform land development services (development assistance development
review) on a daily basis consistent with the CITY Community Development Code as
adopted by the COUNTY.
2. Perform building inspection services (plan review, electrical, plumbing,
mechanical, structural) on a daily basis consistent with the state law and the CITY
code as adopted by the COUNTY.
3. Utilize the COUNTY'S street standards or those City standards agreed to by
COUNTY in evaluating public and private development and/or projects in the area. The
County Engineer shall approve the standards to be used during plan review.
4. Perform surface maintenance work for County and public roads and receive
payment for such work from County and Urban Road Maintenance District (URMD), as
described in Exhibit 2 and 3.
5. Perform road capital improvements and receive payment for such
improvements from Traffic Impact Fees, as described in Exhibit 4.
6. Perform code enforcement services on a daily basis consistent with the
CITY codes as adopted by the County and receive payment for such enforcement,
as described in Exhibit 5.
7. As of the date of this agreement, CITY shall impose a condition upon any
applications which requires street lighting, that the applicant will agree to the
formation of a Street Lighting District.
8. Take responsibility for and complete inspections and reviews for all
existing building permits and complete review of all development permit
applications (including requests for extensions on existing permits) that are filed
after the effective date of this agreement and receive payments, as described in
Exhibit 6.
9. Collect all pertinent fees and taxes relevant to building permits, traffic impact
tax, sign permits, right-of-way use permits, sign permits and development application
fees. CITY shall apply its own fee schedules for all engineering, development, and
building permits. CITY may adopt revised fee schedules as necessary to fully recover
costs for providing services. CITY shall retain all fees it collects for its services.
COUNTY shall continue to collect Maintenance Local Improvement District (MLID)
URBAN SERVICES INTERGOVERNMENTAL AGREEMENT/TIGARD/WASHINGTON COUNTY
Page 5
Attachment 1
and URMD assessments for this area and transfer them as provided for in this agreement
under Exhibit 2.
10. All other actions reasonably necessary to carry out the authority given to
CITY as provided for in the attached Exhibits.
IV. OPERATING PROCEDURES AND RELATIONSHIPS
The COUNTY and CITY agree:
A. Operational Expenses.
It is expected that the City will adjust its fees as necessary over time to cover its
operating costs. If those funds transferred or fees gathered are not sufficient to pay for the
services required by this agreement, the COUNTY shall reimburse CITY for any deficiency
remaining at the end of each year. Such reimbursement shall be in accordance with the
provisions of Exhibit 3. To be eligible to receive such payments for the deficiency, the CITY is
required to:
1. Meet annually with COUNTY and give accounting records of the CITY's fund
for these services that describe the cost of services and the revenues
generated during the year. CITY shall also make estimates about levels of
services, staffing requirements and revenue projections for the next year. The
annual meetings shall aid in determining the fund transfers that are set in the
annual meeting as described below.
2. Maintain a separate fund and detailed accounting records for each functional
area and funding source covered by this agreement.
3. Be in compliance with all other provisions of this agreement.
B. Defense of Appeals/Liability
As described in paragraph II(A)(11) above, it is contemplated by the parties that LUBA
or other court actions may arise from the review of development in the area subject to this
agreement. The CITY will undertake responsibility for defense of such actions. The cost of such
defense will be borne by either the CITY or the COUNTY or a combination thereof as provided
for in this paragraph.
1. When the CITY receives notice from any party that a LUBA appeal, court
action or other legal review of the CITY's authority is contemplated by that party,
the CITY Community Development Director shall immediately notify the
COUNTY Land Use and Transportation Director in writing. The Directors or
their designee(s) shall confer to determine the source and nature of the requirement
resulting in the disputed and the CITY's decision on whether or not to defend the
action. The COUNTY shall have 10 days from the date of the CITY's notice in
which to decide whether it wants the CITY to proceed in the defense of such
action. If the COUNTY requests that the CITY proceed to defense where the
CITY would otherwise elect not to do so, the COUNTY will fully reimburse the
CITY for all costs of defense including direct and indirect costs. Similarly, if the
CITY believes it is important to proceed the defense where the COUNTY does
URBAN SERVICES INTERGOVERNMENTAL AGREEMENT/TIGARD/WASHINGTON COUNTY
Page 6
Attachment 1
not concur, the CITY will absorb the cost. In cases where both parties believe it is
important to defend an action, the parties will share equally the cost of defense.
The same process shall apply in all subsequent appeals from the LUBA or court
decision. In all other cases, the parties will resolve the dispute over cost using the
dispute resolution methods contained in this agreement. The parties here
recognize that the intent is that the party creating the cost should bear
responsibility for that cost.
2. For constitutional takings claims and inverse condemnation claims,
including civil rights actions alleging a taking County shall indemnify City for
City's acts or omissions to a maximum aggregate amount of $500,000 on a
"claims-made" basis. Claims must arise from acts or omissions occurring during
the term of this Agreement and be actually received no later than two years after
termination of this Agreement. This shall include defense costs, attorney fees and
any settlements or judgments. Indemnification shall be on a 50150 basis with the
City participating in the first dollar of defense costs and any judgment or
settlement, including attorney fees. In no event shall either party be responsible for
any punitive damages awarded against the other party, its officers, employees or
agents.
In the event any portion of the area covered by this Agreement annexes, County's
obligation under this paragraph shall cease as to any claims arising from the annexed
area after annexation is final. County shall bear full responsibility for claims resulting
from its approval of development prior to the effective date of this Agreement.
3. Consistent with the hold harmless provisions of paragraph VI, it is the
parties' intention that each be responsible for liability arising out of its own
employees' acts.
4. On July 1, 1997, County shall create a $500,000 insurance reserve fund or
account dedicated exclusively to satisfying its obligations under paragraph (2)
above. In no event shall County be responsible for any costs, damages, judgments,
settlements, or attorney fees arising from or relating to the acts or omissions of
City except to the extent of the remaining balance of this reserve. Notwithstanding
termination of this Agreement, this reserve shall continue until either of the
following occurs: The fund balance is expended in defense or on behalf of City as
described in paragraph (2) above or all claims against City filed within two years of
termination of this Agreement are finally resolved and paid.
Each fiscal year, County staff shall make a recommendation to the Board regarding
availability of funds to replenish the reserve and the Board shall seriously consider such
action. City may terminate this Agreement on 90 days' notice if County declines to
replenish the reserve in any future budget year.
5. City shall confer with County at the first opportunity if City has reason to
think that a land use application or decision of City is likely to be contested beyond
the City's internal review process or may give rise to a claim for damages.
C. Dispute Resolution.
URBAN SERVICES INTERGOVERNMENTAL AGREEMENT/TIGARD/WASHINGTON COUNTY
Page 7
Attachment I
To the extent possible, COUNTY and CITY staff will observe the rules, standards and
regulation reference by this agreement. In the case of a dispute about the terms of this agreement
or how to effectuate this agreement, the COUNTY and CITY staff will immediately refer the
dispute to the COUNTY Director of Land Use and Transportation and the CITY Community
Development Director to resolve the dispute. If the Directors have not resolved the dispute
within 30 days, the dispute shall be forwarded to the CITY and COUNTY Administrators. If the
matter cannot be resolved by the Administrators within 30 days, it shall be forwarded to the
Council and the Board for resolution. If the matter still cannot be resolved, the arbitration
provisions of ORS 190.710-190.800 shall apply.
D. Amendments.
Requested amendments to this intergovernmental agreement shall be submitted in
writing to both the COUNTY Land Use and Transportation Director and to the CITY
Community Development Director with adequate explanations as to the necessity of such
amendment. A decision by the Directors to either reject or accept the amendments must
be made in no more that 30 days from the receipt of the request. After review and
approval by the Directors, the amendments must be submitted to the CITY Manager and
COUNTY Administrator for signature or presentation to the Board and Council.
The CITY Council and the COUNTY Board of County Commissioners grant authority to
the CITY Manager and the COUNTY Administrator to make such changes as needed to this
intergovernmental agreement to effectuate the intent and purpose of this agreement. For
amendments that will result in a financial impact, the amount of the financial impact needs to be
within the Administrator's and Manager's delegated authority. Any amendments outside this
authority need to be made by the Council and the Board and must be submitted to the Board and
Council within 90 days of the Administrator's or Manager's receipt of the proposed amendments.
E. Annual Review.
COUNTY and CITY will jointly conduct an annual review of this intergovernmental
agreement beginning November 1 and ending no later than January 30 of each year to allow
adjustments to upcoming COUNTY and CITY budgets. Such joint review shall include an
evaluation of the effectiveness of the agreement, procedures, and the delivery of service in
meeting the requirements of the agreement. The annual review shall also evaluate the costs of
providing the services, reimburse the CITY for operating deficits described in section IV(A), and
adjust such moneys that are transferred to the CITY to render services under this agreement. The
CITY and COUNTY agree to take the results of this meeting, along with any amendments to the
agreement made pursuant to paragraph D above, to their respective Board and Council within 30
days of such meeting. The Board and Council agree to take action on such request consistent
with this agreement.
F. COUNTY will make changes in Article VIII of its Community Development Code
(CDC) necessary to adopt changes in the CITY's development code as it applies to the
area. COUNTY and CITY shall work together to ensure that all CITY code changes are
promptly adopted by COUNTY.
G. The parties agree to coordinate planning efforts under Metro's 2040 Growth
Concepts at a time mutually agreeable to the parties.
City shall maintain $3,000,000 aggregate general, professional and automotive
URBAN SERVICES INTERGOVERNMENTAL AGREEMENT/TIGARD/WASHINGTON COUNTY
Page 8
Attachment 1
liability insurance for claims arising from its acts and omissions in the area subject to this
Agreement. County, its officers, employees and agents shall be named as an additional
insured (except that County need not be named on professional insurance if that is
unavailable). County shall pay to City the first year premium to a maximum of $5,000.00.
The premium for subsequent years shall be paid by City as an operating expense.
City shall periodically monitor the insurance market to determine if coverage for takings
and inverse condemnation claims is available. If so, County may elect to pay the premium
for said insurance in lieu of maintaining the insurance reserve provided for herein.
1. In the event City elects to terminate this Agreement prior to the end of the five (5)
year term as provided for in section V, City agrees to return to County any equipment
purchased with proceeds furnished by the County pursuant to this Agreement.
V. TERM OF AGREEMENT
A. This agreement shall be effective upon execution by both parties and shall remain
in effect for five (5) years, or until terminated by mutual agreement of both parties. By
mutual agreement, this agreement may be extended for another five (5) years. Either party
may terminate this agreement between the dates of March 1 and July 1 of any year with 90
days written notice to the other party.
B. The CITY shall be responsible for processing all permits or applications for this
area which have not been completed at the time of the termination of this agreement.
C. Except for County's obligation to indemnify City for City's acts or omissions, the
parties' obligations as regards LUBA cases and to indemnify and defend each other
pursuant to Section VI shall survive termination as to any claim arising from the actions of
either party during the term of this Agreement. County's obligaii,nis to indemnify City for
City's acts or omissions shall survive only to the extent of claims within two years of the
termination of this Agreement and to the extent of funds remaining in the insurance
reserve.
VI. HOLD HARMLESS
A. Subject to the limitations of liability for public bodies set forth in the Oregon Tort
Claims Act, ORS 30.260 to 30.300, CITY shall hold harmless and indemnify COUNTY,
its Commissioners, employees, and volunteers agents against any and all claims, damages,
losses and expenses (including all attorney(s) fees and costs), arising out of or resulting
from CITY's performance of this agreement where the loss or claim is attributable to the
acts or omissions of the CITY, except as provided in section (IV)(B).
B. Subject to the limitations of liability for public bodies set forth in the Oregon Tort
Claims Act, ORS 30.260 to 30.300, County shall hold harmless and indemnify CITY, its
Councilors, employees, agents and volunteers against all claims, damages, losses and
expenses (including all attorney fees and costs) arising out of or resulting from
COUNTY's performance of this agreement where the loss or claim is attributable to the
acts or omissions of COUNTY, except as provided in section (IV)(B).
VII. GENERAL PROVISION
URBAN SERVICES INTERGOVERNMENTAL AGREEMENT/TIGARD/WASHINGTON COUNTY
Pagc 9
Attachment 1
A. SEVERABILITY: COUNTY and CITY agree that if any term or provision of this
contract is declared by a court of competent jurisdiction to be illegal or in conflict with any
law, the validity of the remaining terms and provisions shall not be affected, and the rights
and obligations of the parties shall be construed and enforced as if the contract did not
contain the particular term or provision held to be invalid.
B. THIS AGREEMENT CONSTITUTES THE COMPLETE AND EXCLUSIVE
STATEMENT OF THE AGREEMENT BETWEEN THE PARTIES RELEVANT TO
TIE PURPOSE DESCRIBED HEREIN AND SUPERSEDES ALL PRIOR
AGREEMENTS OR PROPOSALS, ORAL OR WRITTEN, AND ALL OTHER
COMMUNICATION BETWEEN THE PARTIES RELATING TO THE SUBJECT
MATTER OF THIS CONTRACT. NO WAIVER, CONSENT, MODIFICATION OR
CHANGE OF TERMS OF THIS CONTRACT WILL BE BINDING ON EITHER
PARTY EXCEPT AS A WRITTEN ADDENDUM SIGNED BY AUTHORIZED,
AGENTS OF BOTH PARTIES.
URBAN SERVICES INTERGOVERNMENTAL AGREEMENT/TIGARD/WASHINGTON COUNTY
Page 10
Attachment I
In WITNESS THEREOF, the parties have executed this Urban Services Intergovernmental
Agreement on the date set opposite their signatures.
WASHINGTON COUNTY, OREGON
By
Tom Brian
Chairman, Board of County Commissioners
Date
Approved as to form:
County Counsel
APPROVED WASHINGTON COUNTY
BOARD OF COMMISSIONERS
MINUTE ORDER #
DATE
BY
CLERIC OF THE BOARD
CITY OF TIGARD, OREGON
By I&AAAjjj~, I RAI 42T?
mes rif h
Mayor, City of Tig
Approved as to form:
V i
Ci Attorney
URBAN SERVICES INTERGOVERNMENTAL AGREEMENT/TIGARDAVASHINGTON COUNTY
Page I I
EXHIBIT 1
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EXHIBIT 2
Urban Road Maintenance District
CITY shall provide surface maintenance (asphalt overlays and seal coats) and improvements of URMD
roads (minor collector, local and public) in accordance with the work program to be negotiated each year
and the funding provided by the DISTRICT. DISTRICT shall provide all other routine maintenance.
CITY shall be responsible for responding to citizen complaints from the area concerning road conditions
and maintenance. CITY will forward to DISTRICT those complaints that are beyond the scope of this
agreement.
CITY shall keep a distinct accounting of all expenditures for repairs and maintenance under this fund.
Annually the CITY shall receive from COUNTY an amount that will be negotiated between the parties
for a work program for the following year. This amount shall be established during the annual meeting of
the parties as specified in the agreement and will include the estimated cost of the work plus 8% for
project design, administration and inspection. Payment shall be made by COUNTY within sixty days of
July 1 each year for the duration of the agreement.
URBAN SERVICES INTERGOVERNMENTAL AGREEMENT/TIGARD/WASHINGTON COUNTY
EXIBIT 3
Road Fund Maintenance
CITY shall provide surface maintenance (asphalt overlays and seal coats) and improvements of County
roads (arterial and major collector) in accordance with the work program to be negotiated each year and
funding provided by the COUNTY. COUNTY shall provide all other routine maintenance and traffic
operations. CITY shall be responsible for responding to citizen complaints from the area concerning road
conditions and maintenance. CITY will forward to COUNTY those complaints that are beyond the scope
of this agreement.
CITY shall keep a distinct accounting of all expenditures for repairs and maintenance under this fund.
Annually, the CITY shall receive an amount that will be negotiated between the parties for a work
program for the following year. This amount shall be established during the annual meeting of the parties
as specified in the agreement and will include the estimated cost of the work plus 8% for project design,
administration and inspection. Payment shall be made by COUNTY within sixty days of July I each year
for the duration of the agreement, or sixty days after the date of agreement on the negotiated amounts,
whichever is later.
URBAN SERVICES INTERGOVERNMENTAL AGREEMENTITIGARDJWASHINGTON COUNTY
EXHIBIT 4
Traffic Impact Fees
CITY shall assume responsibility for collecting traffic impact fees for the area as of date of the
agreement. Funds shall be spent for projects in the area as determined by CITY working with the
COUNTY in conjunction with the Washington County Coordinating Committee. A work program shall
be established for the area by the parties for the area at the annual meeting of the parties. Funds allocated
from the TIF shall used to finance the agreed upon work program.
CITY shall keep a subaccount of all expenditures for improvement made under this fund. CITY shall
collect these fees and shall be responsible for all accounting and auditing for these fees.
URBAN SERVICES INTERGOVERNMENTAL AGREEMENT/TIGARD/WASHINGTON COUNTY
EXHIBIT 5
Code Enforcement
CITY shall assume responsibility for code enforcement as of the date of this agreement. CITY shall
enforce codes and respond to citizens complaints and prosecute violators for violations of Washington
County Code Articles VIII and IX (Ordinances 487 and 488). CITY shall keep a log of all complaints
and the response time to these complaints, as well as the results of the complaints. CITY shall keep all
fines levied from violators.
URBAN SERVICES INTERGOVERNMENTAL AGREEMENT/TIGARD/WASHINGTON COUNTY
EXHIBIT 6
Building Permits
City shall issue all building permits, for all activities requiring permits under the Building Codes and
other CITY codes as adopted by COUNTY and perform all inspections in a timely manner. CITY shall
assume responsibility for completing existing permits on the date of this agreement and all building
permits requested for the area thereafter.
CITY shall keep an accounting of all funds collected and expenses in maintaining the building inspection
program. Funds collected by CITY shall be used to operate the CITY building permit program for the
area.
URBAN SERVICES INTERGOVERNMENTAL AGREEMENT/TIGARD/WASHINGTON COUNTY ms
EXHIBI'T' 7
Park System Development Charge
If the City undertakes the preparation of an Annexation Plan for the Bull Mtn. area, which the voters
approve, the County shall allow the City to collect a Park System Development Charge (SDC) for new
development for the period between the approval date of the Annexation Plan and the effective date of the
annexation. The initial SDC shall be the City's current rate at the time this provision is implemented, and
may be adjusted according to the City's procedures for changes to the SDC. To the extent practicable,
funds collected within the Bull Mtn. area shall be expended within the area.
URBAN SERVICES INTERGOVERNMENTAL AGREEMENT/TIGARD/WASHINGTON COUNTY