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City Council Packet - 05/19/2009
114 City of T r NI Tigard Workshop Meeting — Agenda ... E:!. ? ^a.. ,.. ,. 11, 4 %. .,. r W n , _ .A v i.. ...., 4 ,. , 7...::. ,^' . ...,., ?>....' , ....XMC -, WW.: . .... ...., ,r `�. TIGARD CITY COUNCIL MEETING DATE /TIME: May 19, 2009 - 6:30 p.m. - Workshop Meeting MEETING LOCATION: City of Tigard - Town Hall, 13125 SW Hall Blvd., Tigard, OR 97223 lilt PUBLIC NOTICE: Times noted are estimated. 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. 2410 (voice) or 503- 684 -2772 (TDD - Telecommunications Devices for the Deaf). Upon request, the City will also endeavor to arrange for the following services: • Qualified sign language interpreters for persons with speech or hearing impairments; and • Qualified bilingual interpreters. Since these services must be scheduled with outside service providers, it is important to allow as much lead time as possible. Please notify the City of your need by 5:00 p.m. on the Thursday preceding the meeting by calling: 503- 639 -4171, ext. 2410 (voice) or 503- 684 -2772 (TDD - Telecommunications Devices for the Deaf). Workshop meetings are cablecast on Tualatin Valley Community TV as follows: Replay Schedule for Tigard City Council Workshop Meetings - Channel 30 • Every Sunday at 11 a.m. • Every Monday at 6 a.m. • Every Tuesday'` at 2 pm ( "Workshop meetings are not aired line Tuesday broadcasts are a replay of the most re amt workshop n etir .) • Every Thursday at 12 p.m. • Every Friday at 3 a.m. SEE ATTACHED AGENDA TIGARD CITY COUNCIL AGENDA - MAY 19, 2009 ..... ... .:......... City of Tigard I 13125 SW Hall Blvd., Tigard, OR 97223 I 503 - 639 -4171 I www.tigard- or.gov I Page 1 of 2 iiii City of Tigard , Ti gard Workshop Meeting — enda wccoft,,,, d.:(s . r. .w,. v ,.. M , M ,,, s'.M .; ,.,,,; .,, s ,fte,, ..,1 1 4e «, & - Pi K • € = g.. ':z TIGARD CITY COUNCIL MEETING DATE /TIME: May 19, 2009 - 6:30 p.m. - Workshop Meeting MEETING LOCATION: City of Tigard - Town Hall, 13125 SW Hall Blvd., Tigard, OR 97223 6:30 p.m 1. WORKSHOP MEETING 1.1 Call to Order - City Council 1.2 Roll Call 1.3 Pledge of Allegiance 1.4 Council Communications & Liaison Reports 1.5 Call to Council and Staff for Non - Agenda Items 2. JOINT MEETING WITH THE LIBRARY BOARD • Staff Report: Library Department 3. MUNICIPAL COURT ANNUAL REPORT • Staff Report: Administration Department 4. DISCUSS ORDINANCE MODIFYING TIGARD MUNICIPAL CODE (TMC 7.70 - SECONDHAND DEALERS AND TRANSIENT MERCHANTS) TO UPDATE AND CLARIFY PROCEDURES AND DEFINITIONS • Staff Report: Police Department 5. DISCUSS COMPREHENSIVE PLAN AMENDMENT (CPA) 2008 - 00011: TIGARD TRANSPORTATION SYSTEM PLAN AND COMPREHENSIVE PLAN AMENDMENTS TO INCORPORATE TIGARD 99W IMPROVEMENT AND MANAGEMENT PLAN RECOMMENDATIONS • Staff Report: Community Development Department 6. BRIEFING ON TIGARD TRANSPORTATION SYSTEM PLAN • Staff Report: Community Development Department 7. BRIEFING ON STATUS OF PERIODIC REVIEW WORK • Staff Report: Community Development Department 8. ADJOURNMENT TIGARD CITY COUNCIL AGENDA - MAY 19, 2009 City of Tigard I 13125 SW Hall Blvd., Tigard, OR 97223 I 503 - 639 -4171 I www.tigard- or.gov I Page 2 of 2 Agenda Item # Meeting Date May 19, 2009 COUNCIL AGENDA ITEM SUMMARY City Of Tigard, Oregon Issue /Agenda Title Joint Meeting with the Library Board Prepared By: Margaret Barnes /ag Dept Head Approval: City Mgr Approval: (� ISSUE BEFORE THE COUNCIL This is the regularly scheduled, annual joint meeting between City Council and the Library Board. STAFF RECOMMENDATION N/A KEY FACTS AND INFORMATION SUMMARY Annual meeting with the library Board to provide information to the City Council. The Library Board is prepared to update the Council about the following areas of library service: * Update on the various technologies available for the public - Skype Demonstration * Review of the assistance the library provides to the community * Update on the Anniversary Celebration OTHER ALTERNATIVES CONSIDERED None. CITY COUNCIL GOALS N/A ATTACHMENT LIST None. FISCAL NOTES None. \ \tig20 \inetpub \tig20 \wwwroot \forms \form dots \council agenda item summary sheet 07.doc Agenda Item # 3 Meeting Date May 19, 2009 COUNCIL AGENDA ITEM SUMMARY City Of Tigard, Oregon Issue /Agenda Title Tigard Municipal Court Annual Report Prepared By: Judge O'Brien & N. Robin ept Head Approval: al City Mgr Approval: ISSUE BEFORE THE COUNCIL Judge Michael O'Brien and Nadine Robinson, Administrative Services Manager, will provide an update on the status of the Municipal Court for 2008 and information on recent activities. STAFF RECOMMENDATION No action required KEY FACTS AND INFORMATION SUMMARY • The court's total caseload declined by 9.9% compared to CY 2007. The largest contributing factor was the decrease in traffic citations, including a 33% decrease in speeding violations. Adult non - traffic complaints decreased substantially, though the total number remains small. The one area we did see an increase was in citations for civil infractions, cases went from 26 in 2007 to 102 in 2008. • During CY 2008 the court imposed fines, penalties, costs and assessments totaling $964,960, a decrease of 13% over 2007. • The court continues to offer traffic and youth diversion programs on a limited basis. The primary goal of these programs is to enhance public safety in Tigard through education. • The court continues to provide public information, which includes brochures, handouts, court rules, a comprehensive website and a monthly "Rules of the Road" column in Cityscape. OTHER ALTERNATIVES CONSIDERED N/A CITY COUNCIL GOALS N/A ATTACHMENT LIST Court Report Memorandum PowerPoint Presentation FISCAL NOTES Funds are budgeted-for the current programs. S V IMEMORANDUM • TIGARD TO: Honorable Mayor and City Council FROM: Michael J. O'Brien, Presiding Judge Nadine Robinson, Court Manager RE: Annual Report from Tigard Municipal Court DATE: May 19, 2009 Thank you for the opportunity to meet with Council and the City Manager for our tenth annual review of Municipal Court operations. The highlights of the 2008 calendar year are presented below. As always, we would be happy to answer any questions you may have. 1. Caseload for 2008: As reflected in Table 1, the court's caseload decreased by 9.9% compared to 2007: Table 1 - Total Annual Court Caseload 2008 6,229 2007 6,920 2006 6,372 2005 6,037 2004 7,397 Last year's caseload was at approximately the same level as 2005 -06. As discussed below, recent trends suggest a return to higher volumes of traffic citations in 2009. As shown in Table 2, most of the change in the court's 2008 caseload is attributable to a decline of 10.4% in traffic and parking violations. By contrast, the number of code enforcement cases increased, though the total number remains small compared to previous years. The Youth Court caseload decreased by about 14 %, while the number of adult city code violations declined to negligible levels. Table 2 - Caseload Fluctuations: 2007 & 2008 CATEGORY 2007 2008 Traffic and parking 6,767 6,060 Adult city code misd /vio 62 11 Youth Court 65 56 Code Enforcement 26 102 1 2. Traffic caseload in 2008: Most of the decline in the court's traffic caseload is the result of a one -third decrease in the number of violations involving speeding and traffic - control devices (Table 3). Table 3 - Changes In Citations For Selected Violations 2007 -08 Violation 2007 2008 Speeding 2,296 1,486 Traffic control devices* 1,162 768 No safety belt 232 351 Following too closely 229 320 Fail to stop for a ped 15 155 [ *primarily traffic signals and stop signs] By contrast, the number of safety -belt violations increased by 51% in 2008. The court is anticipating continued increases in this category due to renewed funding for Oregon's participation in the Three Flags program with Washington and British Columbia. Largely due to this multi - jurisdictional effort, the court processed 2,573 safety -belt citations from 2003 through 2008. Other notable changes during 2008 include increases in citations for Failing to stop for a pedestrian and Following too closely, a violation that frequently involves rear- end collisions. In cases where no collision occurs, citing officers typically rely on the Distance Between Cars (DBC) laser technology to detect and prove unsafe following distances. Annual fluctuations in caseload tend to reflect enforcement priorities, personnel levels, training schedules and funding in the Tigard Police Department. 3. Tigard Youth Court: Since its inception in 2002, Youth Court has adjudicated approximately 600 misdemeanor and status offenses. In most delinquency cases, the court imposes various conditions of probation during a specified period. These may include community service, a counseling program, letters of apology, a court diversion fee and, as appropriate, restitution to victims. Youth Court continues to coordinate its operations with Peer Court and the Washington County Juvenile Department. 4. Sanctions: Maximum and minimum fines for traffic violations are set by state statute. Reductions for most violations are limited to 25% of the "base fine," the amount entered on the front of each ticket by the citing officer. Minimum base fines are set by the Oregon Judicial Department according to a formula established by statute. Tigard's current base fines average about 4% higher than the minimums applied by state circuit courts. Fines for municipal -code violations are not subject to the same statutory standards that apply to traffic citations. Penalties are typically based on the following criteria: proof of compliance, prior violations, the recommendation of City staff, and any 2 mitigating circumstances brought to the court's attention by either party. A Unitary Assessment of $37 is added to each fine, as provided by state statute. 5. Diversion Programs: These programs continue on a very limited scale for qualified defendants. Juvenile first offenders and qualified seniors over the age of 65 may be given the opportunity to participate in a diversion program that generally requires payment of a fine, attendance at a traffic school (such as Trauma Nurses Talk Tough) and a probationary period during which they must receive no new citations. 6. Public Information and Education: The court continues to pursue additional ways to increase its outreach and promote public understanding of traffic safety and the requirements of Oregon law. The judge's "Rules of the Road" column has appeared in the Cityscape newsletter every month since September, 2007. The column appears on the court's website and it is also converted into a handout which is available to the public in the City Hall lobby. 7. Continuing Education and Training: The judge and court manager attended the Oregon Department of Transportation's judicial education program at the Oregon coast in March. Except for the registration fee and evening meals, ODOT assumes all costs for these annual conferences. The court manager also attended the Oregon Association for Court Administration's spring conference in Cottage Grove. 8. New technologies: The use of video evidence at trial continues to expand as more cameras have been installed on police vehicles. The Court has worked with Tigard PD and IT to ensure that this valuable evidence can be efficiently presented during trials. Videotapes assist the court in resolving cases at trial and, where violations are demonstrated, encourage defendants to confront their driving behavior. 9. Revenues: During CY 2008 the court imposed fines, penalties, costs and assessments totaling $964,457, a decrease of 13% compared to CY 2007. Of the total sum collected (Table 4), $247,406 was disbursed to other agencies under a statutory formula for unitary assessments, medical liability accounts, county assessments and court security fees. The recipients include the Oregon Department of Revenue, Oregon Judicial Department and Washington County. Table 4 - Collected fines, penalties and assessments 2007 2008 Fine $695,873 $580,897 Civil Penalties 17,881 5,607 Mandated assessments 288,878 247,406 Collections Total $1,002,632 $833,910 10. Current activities: The court has absorbed a substantial increase in its caseload during recent months, including 933 violations in March — the highest volume for a single month in the court's history. Despite the dramatic increase in violations, it 3 would be premature to conclude that it represents a long -term trend rather than a short- term fluctuation. In another development, Tigard PD recently applied for a grant to purchase devices that would enable officers to issue electronic citations at the scene of a traffic stop. If the grant is awarded, the court's existing FullCourt software has the functionality to manage an e-cites caseload. Electronic citations would allow the court to process cases more efficiently and at less cost per citation. Thank you for giving us the opportunity to present our tenth Annual Report to the Council. 4 Tigard Municipal Court g il t Municipal Court Programs P. 2009 Annual Report to Council 1. Traffic 2. Youth Court PE Michael O'Brien, Presiding Judge 3. Civil Infractions Nadine Robinson, Manager 4. Public information 1 aid Municipal Court iiiimoi — 1110110 h _,, -,. Fr 4_ 2008 Caseload: highlights Total caseload 2004 -08 6,229 violations adjudicated. s"o" 7'397 6920 7000 6.372 6,22.6 Total caseload decreased by 9.9% compared to 20 bow 6,037 1/3 decline in citations for speeding and traf. sa00 I control devices. 2 4000 •> -:: & , Juvenile caseload decreased by 14 w 3O °° Civ infractions increased to 102. Adult non - traffic complaints declined. i , i pi ,„... ,.„,,,,,_,_ Traffic Program Video Demonstration 6,060 traffic violations processed, 10.4% less that "r 2007. Speeding violations: 1/3 decrease. -. Traffic control devices: 1/3 decrease. Increases in citations for Following too close), Failure to stop for a pedestrian and Safety bdr - -,•` violations. NIMIIIIIIIIIIIIIIIib Youth Court Evaluation I Tigard Municipal Court .: ... ... a rrrar� Sanctions: traffic violations Driver Improvement Programs Base tine and minimum fines se • - s , • Strict standards for eligibility: Maximum reduction (most CAS Juvenile first offenders Seniors (over 65) ivitb clean da Safety belt violations: dean 'record rrauited Requirements: c5I ,.. ,, , `tton, extent of comply. �P;.: Traffic school (e.g., Trauma Nurses 'lalk lough) { recommendation of citing officer, '' ,:, ., No citations fora specified period (6 - 12 months) j 3 Tigard Youth Court Sanctions: civil infractions Misdemeanors and status offenses such as theft, Maximum $254 per day (('lass 1). curfew violations, minor in possession of tobacco. No rtninimums set by ordinance. 600 adjudications sirtt the in Mitigation: C ce„ sio prior record, other 22 starlt8 _ sion fee exourrs ngprogc : , r„ diver # i apology, restitution to victims, Pro '.;)12:,::; - ' Double or quadruple pet _I; • : : , . . • • • • is Operations coordinated with Peer Court and the previous 24 months Juvenile Department. '• Noncomplying defendants '`". Court Revenues Failure to appear., pay a fine or obey a court order result in: 964,457 in fines, fees, costs and assessrnc. unposed. Default judgment A deexease of Id% rtmnparod to 2007. Suspension of fight to drive in Oregon. 247,406 disbursed to OtegotiPeparimcnt of 25' fi e test n r - f t 1 a s , � , y d 3 v .5 4 p ' W.Y jg f !' q € sL -� i Youth Court Evaluation 2 ' i Tigard Municipal Court Recent activities Allocation of $250 base fine 933 total violations filed in March. 2009: record number for a single month. $5 $2 ]fine Too early to determine whether a long -term trend or elk 1 n Lin ..n.`e'ry temporary fluctuation. i • County lad 4 Assessment $188 s acourt sec my ! CMeClce+lietitty l Recent activities (continued) Tigard Municipal Court TI l ' IM ' Refunding of Three Flags program � t e ne,, likely to produce further increases in iii i „ „ citations for Safety belt violations ' I I ^ (` Functionality exists to process e -cites if TPI)'s grant application is 13125 S.W. I fall Blvd. approved. I'tgard, Video evidence at trial becoming much more common o,a:a do.� /may_ simr/ iiiiiiii 1 Youth Court Evaluation 3 i Ag enda Item # y Meeting Date May 19, 2009 COUNCIL AGENDA ITEM SUMMARY City Of Tigard, Oregon Issue /Agenda Title Approve an Ordinance Modifying Tigard Municipal Code (TMC 7.70 - Secondhand Dealers and Transient Merchants) to Update and Clarify Procedures and Definitions Prepared By. Chief Bill Dickinson Dept Head Approval: `N 111 O City Mgr Approval: Cup ISSUE BEFORE THE COUNCIL Should the City Council approve an ordinance amending Tigard Municipal Code 7.70 incorporating changes that have been proposed to the City's Secondhand Dealers Transient Merchants' Code, updating and clarifying procedures and definitions? STAFF RECOMMENDATION Staff recommends that the City Council approve the Secondhand Dealers and Transient Merchants Code. KEY FACTS AND INFORMATION SUMMARY The Council's purpose in adopting this chapter is to regulate certain business activities that present an extraordinary risk of being used by criminals to dispose of stolen property. This risk is present despite the best efforts of legitimate • secondhand dealer businesses because these businesses process large volumes of goods and materials that are frequently the subject of theft. The changes in the code are intended to reduce this type of criminal activity by providing timely police awareness of such property transactions and by regulating the conduct of persons engaged in this business activity. These regulations are necessary and the need for the regulations outweighs any anti - competitive effect that may result from their adoption. The amended code would give the Chief of Police the authority to update the administrative policies and procedures that prescribe the definitions of regulated property, and provides instructions to secondhand dealers on the reporting requirements. In addition, there are certain conditions in the amended code that would increase the hold period to 30 full days from the date of acquisition for any received regulated property. Regulated properties that are part of a pawnbroker loan would be exempt under this provision and would be subject to ORS chapter 726. The revised code contains certain conditions that would grant the Chief of Police the authority to designate the format for the transfer of information and may direct that it be communicated to the Criminal Investigations Unit by means of mail, the internet, or other computer media. OTHER ALTERNATIVES CONSIDERED Not pursue the amended updates for TMC 7.70 and continue to use the existing code. CITY COUNCIL GOALS N/A ATTACHMENT LIST A. Proposed Changes to TMC 7.70 B. Proposed Changes to Administrative Policies and Procedures C TMC 7.70 as it would appear if proposed changes are adopted. D. Administrative Policies and Procedures if proposed changes are adopted. FISCAL NOTES N/A TIGARD MUNICIPAL CODE Exhibit A - Draft Showing Proposed Changes to TMC 7.70 Chapter 7.70 SECONDHAND DEALERS property transactions and by regulating the AND TRANSIENT conduct of persons engaged in this business MERCHANTS. activity. The Council finds that these regulations are necessary and the need for the regulations / Comment: Deleted entire original Section 7.70.020, Items 1 through 11 c Sections: outweighs any anti- competitive effect that may / regarding, "Definitions." Adopted result from their adoption. / entirely new language, Items 1 -21 7.70.010 Purpose. / regarding, "Definitions." 7.70.020 Definitions. 7.70.020 Definitions / 7.70.030 Special License Required. i Comm Added: "7.70.035, p q / Minimum Standards." 7.70.035 Minimum Standards As used in this Chapter, unless the context / -- Comment: Deleted: "7.70.040, 7.70.040 Special License.[ requires otherwise: " License To Be Conspicuously Posted." 7.70.045 Surety Bond Requireii Added: "7.70.040, Special License." 7.70.050 Issuance and Renewal of 1. "Acceptable identification" means either a - -{ Comment: Added: "7.70.045, Surety Special Permit.L current driver's license, a State of Oregon l Bond Required." 7.70.060 Special License Fees Identification Card issued by the Dffkartment of - - Comment: Deleted: "7.70.050, Surety 7.70.070 Property Sales. Motor Vehicles, or two current United States, ' Bond Required." Added: "7.70.050, p " \ Issuance and Renewal of Special Permit." 7.70.080 Reporting of Secondhand state- or local government- issued identification Dealer Transactions cards one of which has a hoto h of the seller. Comment: Deleted: "7.70.060, Record a II - _ Forms." Added: "7.70.060, Special 7.70.090 Regulated Property Sale License Fees." Limitations 2. "Acquire" means to take or transfer any N. Comment: Deleted: "7.70.080, 7.70.100 Tagging Regulated Property for interest in personal property in a voluntary Articles To Be Tagged." Added: "7.70.080, Reporting of Secondhand Identification transaction, including but not limited to: sales; Dealer Transactions." 7.70.110 Inspection of Property and consignments; memoranda between a Dealer an d Comment: Deleted: `7.70.090, Records. aprivate party seller; leases; trade -ins; loans; and Inspection Of Articles And Records." 7.70.120 Prohibited Acts abandonment's. Any acquisition of replated A Added: "7.70.090, Regulated Property 7.70.130 Civil Penalties.' property by_a Dealer will be _presumed to be an \\ \ Sale Limitations." 7.70.140 Revocation or Suspension of acquisition on behalf of the Secondhand Dealer \ \\ " Comment: Deleted: "7.70.100, Permi business. Notwithstanding_ the forgoing, \ \ AdvertisingToDisclosei License And "t \ Bond." Added: "7.70.100, Tagging 7.70.150 Appeals "acquire" does not include: \ \ \ \ Regulated Property for Identification." 7.70.155 Administrative Policies and �\ \ \ Comment: Deleted: "7.70.110, Procedures.' a. An,y loans made in compliance with \ \ \ Violation-Penalty." Added: "7.70.110, state laws by persons licensed as \ \ Inspection of Property and Records." 7.70.010 Purpose _pawnbrokers bb the State of Oregon; \ \ \ I Comment Added: "7.70.120, or -7 \ \ \ Prohibited Acts." The Council's purpose in adopting this \ \ \ \ Comment Added: "7.70.130, Civil Chapter is to regulate certain business activities b. Memoranda between a Secondhand \ \ \ . Penalties." ` that present an extraordinary risk of being used by Dealer and a person engaged in the \ \ \ Comment r Added: s: of 4 criminals to dispose of stolen property. The business of selling regulated property. \ \ , Council finds that this risk is present despite the \ Comment: Added: "7.70.150, best efforts of legitimate secondhand dealer 3. "Business Location " means any physical \ businesses because these businesses process large location where the Dealer conducts business. , ,; Added: "7.70.155, volumes of goods and materials that are Administrative Policies and Procedures." frequently the subject of theft. This Chapter is 4. "Chief of Police" means the Chief of the Comment Deleted entire original language regarding Section 7.70.010, intended to reduce this type of criminal activity by Tigard Police Department or his or her designee. "Purpose." Adopted an entirely new providing timely police awareness of such paragraph, changing the language of Section 7.70.010, "Purpose." 7 -70-1 Code Update: 5/08 TIGARD MUNICIPAL CODE 5. "Criminal arrests or a conviction" refers property in any one -year period will to any offense defined by the statutes of the State be categorized as an "Occasional of Oregon or ordinances of the City of Tigard, Secondhand Dealer." The term unless otherwise specified. Any arrest or - "Dealer" in this Chapter and all conviction for conduct other than that denoted by regulations herein refer to the statutes of the State of Oregon or ordinances Secondhand Dealers, Occasional of the City of Tigard, as specified herein, will be Secondhand Dealers and Pawnbrokers considered to be equivalent to one of such unless specifically stated otherwise. offenses if the elements of such offense for which the person was arrested or convicted would have c. "Dealer" does not include: constituted one of the above offenses under the applicable Oregon statutes or City of Tigard (1) A business whose acquisitions of ordinance provisions. regulated property consist exclusively of donated items 6. "Dealer" or "Secondhand Dealer' and/or purchases from 501(C)3 organizations; or a. Means any: (2) A person whose only business (1) Sole Proprietorship, partnership, transactions with regulated limited partnership, family property in the City of Tigard limited partnership, joint venture, consist of the sale of personal association, cooperative, trust, property acquired for household estate, corporation, personal or other personal use; or holding company, limited liability company, limited liability (3) A person whose only business partnership or any other form of transactions with regulated organization for doing business property in the City of Tigard and that: consist of a display space, booth, or table maintained for displaying (2) Either: or selling merchandise at any trade show, convention, festival, Acquires regulated property at or fair, circus, market, flea market, from business locations within the swap meet or similar event for City of Tigard, or on behalf of less than 14 days in any calendar such a business regardless of year. where the acquisition occurs, or 7. "Held Property" means any regulated Offers for sale regulated property. property that cannot be sold, dismantled or otherwise disposed of for a proscribed period of (3) Pawn broker licensed under the time as more specifically enumerated in Section Oregon Pawnbroker's Act, 7.70.090. ORS 726.020, 726.990. 8. "Investment purposes" means the b. Dealers that acquire or offer for sale purchase of personal property by businesses and not more than 50 items of regulated the retention of that property in the same form as 7 -70 -2 Code Update: 5/08 TIGARD MUNICIPAL CODE purchased, for resale to persons who are the Administrative Policies and Procedures, purchasing the property primarily as an Section I, and shall be updated by June 30 of investment. each year by the Chief of Police. A copy will be kept on file in the Police Department. 9. "Medication" means any substance or preparation, prescription or over - the - counter, used 16. "Remanufactured" means that an item has in treating or caring for ailments and/or conditions been altered to the degree that the main in humans or animals. components are no longer identifiable as the original item. 10. "New" means anything conspicuously not used. 17. "Seller" means any person who: 11. "Pawnbroker" means any business a. Offers items of regulated property in required by Oregon Revised Statute 726.040 to exchange for money or other hold an Oregon pawnbroker's license. property; or as collateral for a loan; or Pawnbrokers are required by Chapter 7.70 to have a Secondhand Dealer Permit. As a Dealer, all b. Donates or abandons items of transactions occurring within their business regulated property. (loans, buys, or consignments) are subject to all requirements within this Chapter unless otherwise 18. "Trade Show" means an event open to the stated. public, held in a venue other than a Dealer's business location, at which vendors of a specific 12. "Person" means a natural person. type of merchandise may exhibit, buy, sell, or trade items that may include regulated property. 13. "Principal" means any person who will be directly engaged or employed in the management Events commonly known as flea markets or swap or operation of the Secondhand Dealer business, meets, in which goods of many types are including any owners and any shareholders with a exhibited, sold or traded, are not considered trade 5% or greater interest in the company. shows for the purpose of this Chapter. 14. "Receive" means to take property into the 19. "Transaction Report" means the record of inventory, possession, or control of a Dealer. the information required by Section 7.70.080, transmitted to Tigard Police Department by the 15. "Regulated property" means property of a means required in section 7.70.080. type that has been determined by the Chief of Police to be property that is frequently the subject 20. "Used" means anything that has been put of theft, including new items as defined in this into action or service. section as well as used items such as precious metals, precious gems, watches, sterling silver, 21. "PPDS" (Portland Police Data System) electronic equipment, photography equipment, means the computerized record keeping system tools, musical instruments and cases, firearms, Tigard Police Department utilizes to manage data, sporting equipment, and household appliances. In including, but not limited to, Secondhand Dealers' order to enhance the Police Department's ability transaction reports. to reduce property crimes and recover stolen goods, a list of regulated property is included in 7 -70 -3 Code Update: 5/08 TIGARD MUNICIPAL CODE 2. Dealers shall comply with all applicable federal, state and local regulations. 7.70.030 Special License Required., _ — Comment: Deleted entire original 7.70.040 Application for Special License — Section 7.70.030, Items 1 through 4 1. No person or business shall engage In, — \ regarding "Special License Required." conduct or carry on a secondhand dealer business 1. An applicant for a Secondhand Dealer \ Adopted entirely new language, Section in the City of Tigard without a valid Secondhand Special License shall complete and submit an . 7.70.030, Items I-4b regarding, "Special License Required." Dealer Special License issued by the City of application (including required personal history Tigard. A special license shall be in forms) that sets forth the following information: Comment: Deleted entire original g ] e required g Section 7.70.040, "License To Be addition to a business license or special certificate Conspicuously Posted." This required by Chapter 5.04 of the Tigard Municipal a. The name, address, telephone requirement is now covered under Code, or any other city license or permit. number, birth date and principal Section 7.70.050, Item 5. occupation of all owners and any Added an entirely new Section 7.70.040, 2. Upon acquiring or offering for sale more person who will be directly engaged Items 1-4, "Application for Special License" This requirement was than 50 items of regulated property during any or employed in the management or previously covered under Section one -year period, an Occasional Secondhand operation of the business or the , 7.70.030, "Special License Required." Dealer shall apply for and obtain a Secondhand proposed business; Dealer Special License before acquiring any more items of regulated property. b. The name, address and telephone number of the business or proposed 3. Any person or business that advertises or business and a description of the otherwise holds him/herself out to be acquiring or exact nature of the business to be offering for sale regulated property within the operated; City of Tigard will be presumed to be operating as a Dealer subject to the terms of Chapter 7.70. c. The web address of any and all web pages used to acquire or offer for sale 4. The sale of regulated property at events regulated property on behalf of the commonly known as "garage sales," "yard sales," Dealer, and any and all intemet or "estate sales" is exempt from these regulations auction account names used to if all of the following are present: acquire or offer for sale regulated property on behalf of the Dealer. a. No sale exceeds a period of 72 consecutive hours; and d. Written proof that all principals are at least 18 years of age; b. No more than four sales are held at the same location in any twelve- e. Each principal's business occupation month period. or employment for the 3 years immediately preceding the date of 7.70.035 Minimum Standards. L application; _ — Comment: Added Section 7.70.035, Items 1 -2, "Minimum Standards." 1. No person or business may operate as a f. The business license and permit Dealer within the City of Tigard unless the person history of the applicant in operating a or business maintains a fixed physical business business identical to or similar to location. those regulated by Chapter 7.70; 7 -704 Code Update: 5/08 TIGARD MUNICIPAL CODE g. A brief summary of the applicant's dates, telephone numbers, and business history in any jurisdiction principal occupations, along with including; all other information required of any individual applicant, of every (1) The business license or permit officer, director, members or history of the applicant; and, managers, and shareholder (owning more than five percent of (2) Whether the applicant or any the outstanding shares) and the principal has ever had any number of shares held by each; business - related license or permit revoked or suspended, the reasons i. If the applicant does not own the therefore, and the business business premises, a true and activity or occupation of the complete copy of the executed lease applicant or principal subsequent (and the legal description of the to the suspension or revocation. premises to be permitted) must be attached to the application; h. Whether the applicant will be a sole proprietorship, partnership, limited j. All arrests or convictions of each partnership, family limited principal enumerated in Paragraphs 1 partnership, joint venture, association, through 7 of this Section; cooperative, trust, estate, corporation, personal holding company, Limited k. Upon request, principals and Liability Company, limited liability employees shall submit to the Tigard partnership or any other form of Police Department the following organization for doing business. information: fingerprints, passport- size photographs, and a copy of the (1) If a partnership, the application signature initials to be used by must set forth the names, birth persons on transaction report forms. dates, addresses, telephone Principals and employees must numbers, and principal submit new photos if requested to do occupations, along with all other so by the Tigard Police Department. information required of any individual applicant, of each 1. Any other information that the Chief partner, whether general, limited, of Police may reasonably feel is or silent, and the respective necessary to accomplish the goals of ownership shares owned by each; this Chapter. (2) If a corporation, or limited 2. The Secondhand Dealer shall notify the liability company, the application Chief of Police of any changes in the information must set forth the corporate or required in Section A within ten business days. company name, copies of the articles of incorporation or 3. New employees of Dealers shall complete organization and the corporate and submit the personal history form as required by -laws or operating agreement, in Section A of this Subsection. Employees may and the names, addresses, birth not acquire regulated property until all required 7 -70 -5 Code Update: 5/08 TIGARD MUNICIPAL CODE information has been reviewed and approved by business, or any person who owns a the Tigard Police Department. The criteria used five percent or more interest in the to review a new employee will be the same as business, has previously owned or those used in the review of an initial application in operated a business regulated by Chapter 7.70. Chapter 7.70; and 4. The personal and business information (1) The license or permit for the contained in the application forms required business has been revoked for pursuant to Section 7.70.040 are subject to the cause that would be grounds for requirements of the Oregon Public Records Law, revocation pursuant to Chapter ORS 192.410 et seq. 7.70; or Section 7.70.045 Surety Bond Required.[ (2L The business has been found to — Comment: Previously referred to as, constitute a public nuisance and "Section 7.70.050, Surety Bond No person shall engage in business as a abatement has been ordered. Required." Surety nd e, "Section ir pets gag 7.70.045, Surety Bond Required." transient merchant until such knerchan4 has filed — Comment Changed, "Person" to with the City Recorder of the City a ten thousand b. Any person listed on the initial "Merchant." dollar bond, with a surety company licensed to do application or renewal application has business in the state of Oregon as surety, for the been convicted of one or more of the benefit of any person damaged by false, offenses listed below or has violated fraudulent, or misleading representations of the any section of Chapter 7.70. The transient merchant in the conduct of his business. offenses include: (Ord. 83 -26 §8,1983). (1) Any felony. Section 7.70.050 Issuance and Renewal of Special Permit_ _ _ _ (2L Any misdemeanor or violation — Comment: Added entire Section involving either bribery, 7.70.050, Items 1 -7, "Issuance and 1. Upon the filing of an application for a controlled substances, deception, Renewal of Special Permit" Secondhand Dealer Special License and payment dishonesty, forgery, fraud, or Language regarding the issuance and of the required fee, the Chief of Police shall theft, or any attempt or renewal of a Special Permit was previously covered under Section conduct an investigation of the applicant and all conspiracy to commit any of the 7.7.030, "Special License Required." principals and employees listed according to the listed offenses. requirements in Section 7.70.040. The Chief of Police shall issue the permit within 90 days of c. The Chief of Police finds by a receiving the application if no cause for denial preponderance of the evidence that exists. the applicant or any principal or employee has committed any offense 2. Except as provided in Section 7.70.050 relating to fraud, theft or any attempt the Chief of Police shall deny an application for a or conspiracy to commit theft, or any Secondhand Dealer Special License if any of the offense listed in Section 7.70.120. following apply: c. The Chief of Police finds by a a. The applicant, or any person who will preponderance of the evidence that be directly engaged in the the applicant or any principal or management or operation of the employee who will be involved in the 7 - 70 - 6 Code Update: 5/08 TIGARD MUNICIPAL CODE business has violated any law where 4. Secondhand Dealer Special Licenses are the elements of such law are valid for one year and expire at 12:00 am. on equivalent to the provisions of January 15 of each year. The permits are Chapter 7.70; nontransferable and are valid only for a single business location. When the business location is d. Any statement in the application is to be changed, the permit holder shall provide the false or any required information is address of the new location in writing to the Chief withheld; or of Police for approval at least 14 days prior to the change. e. The Chief of Police finds by a preponderance of the evidence that 5. Secondhand Dealer Special Licenses must the applicant, or any person who will be displayed at the business location in a manner be directly engaged or employed in readily visible to patrons. the management or operation of the business, or any person who owns a 6. Upon denial of an application for a five percent or more interest in the Secondhand Dealers Special License, the Chief of business, has previously owned or Police shall give the applicant written notice of operated a business regulated by the denial. Chapter 7.70 or any laws or statutes equivalent to the provisions of a Service of the notice will be Chapter 7.70, and the business has accomplished by mailing the notice to violated applicable state, federal or the applicant by certified mail, return local requirements, including receipt requested. permitting requirements. b. Mailing of the notice will be prima 3. Notwithstanding Section 7.70.050, the facie evidence of receipt of the notice. Chief of Police may grant a permit after consulting with the City Council despite the c. The denial will be effective the date presence of one or more of the enumerated factors the notice is sent if the applicant establishes to the Chief of Police's reasonable satisfaction that: 7. Denial of a permit may be appealed by filing written notice of an appeal within 10 days a The behavior evidenced by such of the date of denial in accordance with Section factor is not likely to recur; or, 7.70.150. b. The behavior evidenced by such 7.70.060 Special License Fees. — comment: Deleted entire original factor is remote in time; or, Section 7.70.060, Items I -7, "Record covered This Sequon Every Dealer shall complete and submit all covered under Section 7.70.080, c. The behavior evidenced by such required forms to the Chief of Police and pay a "Reporting of Secondhand Dealer factor occurred under circumstances non - refundable fee as set forth by the City of Transactions." that diminish the seriousness of the Tigard Master Fees and Charges Schedule. Added entire new section, "Special factor as it relates to the purpose of License Fees." This requirement was Chapter 7.70. previously covered under Section 7.70.030, "Special License Required." 7 -70 -7 Code Update: 5/08 TIGARD MUNICIPAL CODE 7.70.070 Subsequent Locations., 60 days to comply with the new — — Comment: Deleted entire original format requirements. If unable to Section 7.70.070, Items 1 -3, "Property Sales." This requirement is now covered 1. Dealers must file an application for a implement the reporting system under Section 7.70.090, Items 1 -7, permit for a subsequent or additional business before the deadline, a Dealer must "Regulated Property Sale Limitations." location with the Tigard Police Department and submit a written request for additional Added entire new Section 7.70.070, Items pay a non - refundable fee as set forth in the City of time to the Chief of Police before the 1 -2, "Subsequent Locations." Tigard Master Fees and Charges Schedule; deadline. provided the information required for the subsequent or additional business location is c. Pawnbrokers are required to report identical to that provided in the application for the only new transactions. Loan renewals prior location with the exception of that required do not need to be reported. by Section 7.70.040. 2. The Tigard Police Department will 2. Secondhand Dealer Special Licenses provide all Secondhand Dealers with transaction issued for subsequent or additional business report forms at cost until 60 days after such time locations will be subject to all the requirements of that the Chief of Police directs a change in the this Chapter, and the term of the permit issued for reporting method. The Chief of Police may a subsequent or additional location will expire on specify the format of the transaction report form. the same date as the initial permit. The Chief of Police may require that the transaction report form include any information 7.70.080 Reporting of Secondhand Dealer relating to the regulations of this Chapter. Dealers Transactions may utilize their own forms, in lieu of those — — Comment: Deleted entire original supplied by the Tigard Police Department, if the Section 7.70.080, "Articles To Be 1. Dealers shall provide to the Tigard Police Chief of Police has approved such forms. The Tagged." under re Sect tion ion 7 .700 .1001s now covered undtier , 7, Department all required information as set forth Declaration of Proof of Ownership will be "Tagging Regulated Property for by the Tigard Police Department for each considered to be included in references in this Identification regulated property transaction (not including Chapter to the transaction report form, as Added entire new Section 7.70.080, Items sales). The Chief of Police may designate the appropriate. 1 -2, "Reporting of Secondhand Dealer format for the transfer of this information and ma y previously ioouusly c co sly r This vered under emeot was o Section direct that it be communicated to the Criminal 7.70.090 Regulated Property Sale Limitations _ 7.70.060, Items 1 -7, "Record Forms." Investigations Unit by means of mail, the internet, Comment: Deleted entire original or other computer media. 1. Regulated property is subject to the Section 7.70.090, Inspection of Articles following limitations' And Records." This requirement is now covered under Section 7.70.110, a. In any such case that the Chief directs "Inspection of Property and Records." that the information be transmitted via a. Holding Period: Regulated property computer media, the Chief may also acquired by any Secondhand Dealer Added entire new Se 7.70.090, Items com p � y � y y 1 -7, "Regulated Property Sale direct the system that will be utilized must be held for a period of 30 full Limitations." This requirement was in order to ensure conformity among days from the date of acquisition. previously covered under Section all Secondhand Dealers. Pawnbroker loan transactions are 7.70.070, Items 1 -3, "Property Sales." exempt from the 30-day hold b. If, after establishing the format and requirements of 7.70.090 because of requirements for the transmission of the redeemable nature of the loans computerized reports of transactions, and the holding requirements in ORS the Chief of Police alters the required 726. However, if the loan is format, Dealers will be given at least converted to a buy by the pawnbroker 7 - 70 - 8 Code Update: 5/08 L TIGARD MUNICIPAL CODE within 30 days from the date of the that Dealer with the original pawn transaction, the difference receipt. between the original date of the pawn and the buy will count toward the 30- 2. Notwithstanding Section 7.70.090, the day hold requirement. All other Chief of Police may determine that certain types provisions of 7.70.090 remain in of transactions pose a reduced risk of being an effect. outlet for the sale of stolen property and therefore may modify the hold period and /or reporting b. Requirements of held property: All requirements for those types of transactions. held property must remain in the Those transactions and the modified requirements same form as when received, must not are described in Section 7.70.120. be sold, dismantled or otherwise disposed of, and must be kept 3. Upon reasonable belief that an item of separate and apart from all other regulated property is the subject of a crime, any property during the holding period to peace officer may provide notice to any Dealer prevent theft or accidental sale and to that a specifically described item of regulated allow for identification and property must be held in a separate Police Hold examination by the Tigard Police area for a period not to exceed 30 days from the Department. Held property must be date of notification, and is subject to the kept at the business location during requirements of Chapter 7.70.090, Subsection l.b, this holding period so that it can be above. The hold may be extended an additional inspected during normal business 30 days upon notice provided to the Dealer that hours (as provided in Section additional time is needed to determine whether a 7.70.110). Held property, other than specific item of regulated property is the subject property on Police Hold, may be held of a crime. The Dealer shall comply with the hold in a place within public view, as long notice and notify the Tigard Police Department as the other requirements of Chapter Criminal Investigations Unit of the hold notice no 7.70.090, Subsection 1.b, are met. later than five calendar days from the day the notice was received, either by telephone, fax. e- c. Held property requirements do not mail or in person. A Dealer must notify the apply if: Criminal Investigations Unit of their intent to dispose of any item of regulated property under (1) The property is received from a Police Hold at least 10 days prior to doing so. Secondhand Dealer regulated by the City of Tigard who has a. A Police Hold area must meet the already satisfied the holding following criteria: requirements of this Chapter and the Dealer records the original (1) Located out of public view and transaction report number on the access, and transaction report completed for the new transaction, or (2) Marked "Police Hold," and (2) If a customer, who originally (3) Contain only items that have been purchased property from a put on Police Hold. Secondhand Dealer, returns it to 7 -70 -9 Code Update: 5/08 TIGARD MUNICIPAL CODE b. Dealers may maintain up to three conform to all the requirements found in Chapter Police Hold areas as necessary for the 7.70.090, Subsection l.b. safe storage of high value items, physically large items, and general 6. If a Dealer receives information that leads merchandise put on Police Hold. to an objectively reasonable basis to believe that any property already at his/her business location c. If it is not possible or practical to has been previously lost or stolen, he /she must move an item to or store an item in report that belief to the Tigard Police Department the Police Hold area, a Dealer may by day's end. The notice must include the submit a written request to the Chief transaction report number and any additional of Police or his/her designee for information regarding the name of the owner, if approval to keep the item with other known. held property. Approval may be granted with the understanding that 7. If a peace officer seizes any property from the item will be clearly marked as a Dealer, the Dealer must notify the Tigard Police being on Police Hold and kept from Department of the seizure no later than five public view and access. calendar days from the day the seizure occurs. The Dealer must provide the name of the agency, 4. Upon probable cause that an item of the name of the peace officer, the number of the property is the subject of a crime, the Chief of receipt left for the seizure, and the seized property Police or his/her designee may take physical information. Notification to the Tigard Police custody of the item or provide written notice to Department may be given by telephone, fax, any Dealer to hold such property for a period of email, or in person. time as determined by the Chief of Police, not to exceed the statute of limitations for the crime 7.70.100 Tagging Regulated Property for being investigated. Any property placed on hold Identifi.cation.L , —I Com ment: Deleted entire original pursuant to this subsection is subject to the II Sect 7 .70.100, "Advertising To requirements found in Chapter 7.70.090, Dealers shall affix a tag to every item of Disclose License And Bond" Subsection l.b, and will be maintained in the regulated property, which must contain a unique, Police Hold area unless seized or released by the legible number. That unique number must either Police. Seizure of property will be carried out in be the same as the transaction report number for accordance with Oregon Revised Statutes. that item or be referenced to the transaction report required by the Tigard Police Department. After 5. If a Dealer acquires regulated property the holding period has expired, the transaction with serial numbers, personalized inscriptions or number must remain identifiable on the property initials, or other identifying marks which have until the sale of the property. been destroyed or are illegible due to obvious normal use, the Dealer shall continue to hold the 1. After the applicable holding period has property at the business location for a period of 90 expired, hand tools, or items that are sold with full days after acquisition. The Dealer must notify other like items and have no identifiable numbers the Tigard Police Department by writing "90 day or markings need not remain tagged. hold" next to the item on the transaction report or by an electronic means approved by the Tigard 2. After the applicable holding period has Police Department. The held property must expired, items that are remanufactured need not remain tagged. 7 -70 -10 Code Update: 5/08 TIGARD MUNICIPAL CODE b. To receive property prohibited by this 7.70.110 Inspection of Property and Records Chapter, including — — Comment: Deleted entire original Section 7.70.110, "Violation - Penalty" This requirement is now covered under Upon presentation of official identification, a (1) Medications; Section 7.70.130, "Civil Penalties." Dealer shall allow any representative of the Tigard Police Department to enter the business (2) Gift cards, in -store credit cards, or Added new Section 7.70.110, "Inspection of Property and Records." This location to ensure compliance with the provisions activated phone cards; requirement was previously covered of Chapter 7.70. The inspection will be for the under Section 7.70.090, "Inspection of limited purpose of inspecting the business (3) Property with serial numbers, Articles and Records." location, regulated property, and related records as personalized inscriptions or provided in this Chapter. Except by mutual initials or other identifying marks agreement with the Dealer or by court order, any that appear to have been inspection under this Section may occur only intentionally altered or rendered during the Dealer's normal business hours. illegible. 7.70.120 Prohibited Acts c. To receive property that a reasonable — — Comment: Added Section 7.70.120, person under similar circumstances Items 1 -2, `Prohibited Acts." 1. It is unlawful for any person regulated by would believe is more likely than not Chapter 7.70: stolen. Determination regarding whether or not an item is found to be a. To receive any property from any stolen will not be used as a factor to person determine whether a Dealer has violated this subsection. (1) Known to the principal, employee or Dealer to be prohibited from 2. Any violation of Section 7.70 is selling by a court order, punishable, upon conviction, by a fine of not more than $500 and a jail sentence of up to six months. (2) Under the age of 18 years unless the person's parent or guardian completes the applicable information on the Declaration of 7.70.130 Civil Penalties.` — — comment: Added Section 7.70.130, Proof of Ownership, Items 1 -2d, "Civil Penalties." This assess civil under Section n7. 7.70.110, covered 1. The Chief of Police may under Section 7.70.110, Items 1 -2, (3) About whom the principal, penalties in an amount up to $500 for each , "Violation — Penalty." employee or Dealer has been violation of Chapter 7.70. given notice by law enforcement as having been convicted of 2. Procedure. burglary, robbery, theft or possession of or receiving stolen a. The Chief of Police, having made a property within the past ten years determination to seek civil penalties whether the person is acting in his as provided by this Section, shall give or her own behalf or as the agent the Dealer written notice of the of another who meets the above determination. criteria; 7 -70 -11 Code Update: 5/08 TIGARD MUNICIPAL CODE b. Service of the notice will be within ten business days after the accomplished by mailing the notice penalty becomes fmal; or by regular and certified mail, return receipt requested. e. If any statement contained in the application for the permit is false c. Mailing of the notice will be prima facie evidence of receipt of the notice. 2. The Chief of Police, upon revocation or suspension of any permit issued pursuant to this d. The civil penalty will be due ten days Chapter, shall give the Dealer written notice of the from the date of the notice unless revocation or suspension. such civil penalty is appealed in accordance with Section 7.70.150. a. Service of the notice will be accomplished by mailing the notice 7.70.140 Revocation or Suspension of Permit by regular and certified mail, return , — Comment: Add Section 7.70.140, receipt requested. Items 1-4, "Revocation or Suspension of 1. Along with the other regulatory Permit." This er edi und ent was g � �' previously covered under Secti on enforcement authority granted under this Chapter, b. Mailing of the notice by regular mail 7.70.110, Item 2, "Violation — Penalty." the Chief of Police may, after consulting with the will be prima facie evidence of receipt City Council, revoke or suspend any permit issued of the notice. pursuant to this Chapter: 3. Revocation will be effective and fmal ten a. For any cause that would be grounds days after the giving of notice unless the for denial of a permit; or revocation is appealed in accordance with Section 7.70.150 b. Upon finding that any violation of the provisions of this Chapter, federal, 4. Suspension will be effective immediately state or other local law has been upon the giving of notice, for the period of time committed and the violation is set in the notice not to exceed 30 days. connected with the operation of the permitted business location so that the 7.70.150 Appeals.[ — Comment: Added Section 7.70.150, person in charge of the business "Appeals." This requirement was previously covered under Sections location knew, or should reasonably 1. Any Dealer or person whose initial 7.70.030, Item 2, "Special License have known, that violations or application or renewal application for a Required," and 7.70.110, Item 2, offenses were permitted to occur at Secondhand Dealer Special License has been "Violation — Penalty." the location by the Dealer or any denied, or whose license has been revoked or principal or employee engaged or suspended, or who has been directed to pay a civil employed in the management or penalty by the Chief of Police, may appeal the operation of the business location; or action of the Chief of Police to the Civil Infractions Hearing Officer in accordance with c. A lawful inspection has been refused; Chapter 1.17 of the Tigard Municipal Code. or d. If payment of civil penalties has not been received by the City of Tigard 7 - - Code Update: 5/08 TIGARD MUNICIPAL CODE 2. The filing of a notice of appeal of revocation or suspension of a permit, or of a civil penalty imposed by the Chief of Police under this Chapter, will stay the effective date of the action until the Civil Infractions Hearing Officer has issued an opinion. 7.70.155 Administrative Policies and Procedural — — Comment: Added entire new Section 7.70.155, Items 1 -2, "Administrative Council shall grant the Chief of requirements and outlined in this 1. The City gT requirements outlined in this section Police the authority to change, modify or adjust pertain to a separate document entitled, the Definition of Regulated Property list "Administrative Policies and Procedures (Administrative Policies and Procedures, Section (Attached)." I), Completion of Secondhand Dealers Report (Administrative Policies and Procedures, Section II), or other sections specified in this chapter. Administrative Policies and Procedures, Sections I and II, will be maintained by the Tigard Police Department and copies will be provided to all Dealers. 2. The Chief of Police shall make available and publish a new Regulated Property List (Administrative Policies and Procedures, Section I) and Completion of Secondhand Dealers Report (Administrative Policies and Procedures, Section II) by June 30 of each year. If no modifications are made to Administrative Policies and Procedures, Sections I and II, from the previous year, the previous year's Administrative Policies and Procedures, Sections I and II, will remain in effect. 7 - - Code Update: 5/08 ADMINISTRATIVE POLICIES AND PROCEDURES ExhibitB - Draft Showing Proposed Changes to Policies and Procedures SECTION I - DEFINITION OF REGULATED PROPERTY — Comment: Created entire new addendum to Tigard Municipal Code 7.70, Secondhand Dealers And Transient Regulated property means: Merchants. Section 1 pertains to definition of A. Used items: regulated property. See Section 7.70.020, Item 15, in the 1. Precious metals. Examples include: any metal that is valued for its character, proposed Tigard Municipal Code for rarity, beauty or quality, including gold, silver, platinum, or any other such metals, details regarding regulated property. whether as a separate item or in combination as a piece of jewelry; and/or jewelry containing precious metals or precious gems including but not limited to: rings, necklaces, pendants, earrings, brooches, bracelets, or chains. 2. Precious gems. Examples include: any gem that is valued for its character, rarity, beauty or quality, including diamonds, rubies, emeralds, sapphires or pearls, or any other such precious or semi - precious gems or stones, whether as a separate item or in combination as a piece of jewelry. 3. Watches. 4. Sterling silver. Examples include: flatware, candleholders, coffee and tea sets, ornamental objects, champagne flutes, wineglasses, or serving pieces such as: platters, bowls, trays, water pitchers, open bakers, ice buckets, shell dishes, or salt and pepper shakers. 5. Electronic equipment: Examples include: a. Audio equipment including but not limited to: tape players, tape decks or players, compact/digital disc players, sound metering devices, tuners, amplifiers, speakers, transceivers, equalizers, receivers, phonographs, turntables, stereos, radios, car stereos, car speakers, microphones, broadcasting equipment, citizen band radios/transceivers, digital audio recorders or players. b. Video equipment including but not limited to: televisions, videotape or videodisc recorders, videotape or videodisc players, video cameras, video projectors, video monitors, digital video recorders or players. c. Electrical office equipment including but not limited to: telefax machines, laser printers, copiers, duplicators, typewriters, calculators, cash registers, transcribers, Dictaphones, computers, home computers, modems, monitors, any computer equipment or accessories having uniquely identifiable parts, or identifiable software. 210707 Page 1 of 9 ADMINISTRATIVE POLICIES AND PROCEDURES d. Telephones or telephone equipment including but not limited to: answering machines, cellular telephones, or satellite telephones. e. Game units and games that are handheld, console or played on a computer. f. Other electronic equipment including but not limited to: global positioning systems, electronic navigation devices or radar detectors. 6. Photographic and optical equipment and any accompanying bags including but not limited to: cameras, camera lenses, camera filters, camera motor drives, light meters, flash equipment, movie projectors, slide projectors, photography processing equipment, photography enlarging equipment, binoculars, telescopes, opera glasses, microscopes, surveying equipment both optical and electronic, rifle scopes, spotting scopes, electronic sighting equipment, tripods, accessories and components, digital image recorders or display devices. 7. Power yard and garden tools including but not limited to: garden tractors, lawn mowers, Rototillers, lawn sweepers, weed or brush cutters, edgers, trimmers, blowers, chippers, shredders, or ladders. 8. Power equipment and tools including but not limited to: air hammers, air tools, nail guns, power staplers, power saws, power sanders, chainsaws, power planers, power drills, routers, lathes, joiners, shop vacuums, paint sprayers and accessory equipment, generators, air compressors, pressure washers, logging equipment, welding or cutting equipment or components, measuring devices and gauges, or construction equipment. 9. Automotive and hand tools including but not limited to: wrench sets, socket sets, screw driver sets, pliers, vise grips, tool boxes, auto body hammers, jacks, timing lights, testing and analyzing equipment or components. 10. Musical instruments and any accompanying cases or bags including but not limited to: pianos, organs, guitars, violins, cellos, trumpets, trombones, saxophones, flutes, drums, percussion instruments, electronic synthesizers, or mixing boards. 11. Firearms including but not limited to: rifles, shotguns, handguns, revolvers, pellet guns, or BB guns. 12. Sporting equipment limited to: kayaks, bicycles, golf clubs, and bags, pool cues or cases, snow or water skis, hard plastic ski boots, snow or water boards, fishing rods or reels, skates, saddles or tack. 13. Outboard motors and boating accessories limited to: outdrives, props, inboard engines, boat covers, tops or unlicensed boat trailers. 2/0707 Page 2 of 9 ADMINISTRATIVE POLICIES AND PROCEDURES 14. Household appliances, including but not limited to: microwave ovens, sewing machines, vacuums, mixing and food preparation equipment. 15. DVD boxed sets. 16. Property that is not purchased by a bona fide business for investment purposes, limited to: a. Gold bullion bars (0.995 fine or better); b. Silver bullion bars (0.995 fine or better); c. All tokens, coins, or money, whether commemorative or an actual medium of exchange, adopted by a domestic or foreign government as part of its currency whose intrinsic, market or collector value is greater than the apparent legal or face value; or d. Postage stamps, stamp collections and philatelic items whose intrinsic, market or collector value is greater than the apparent legal or face value. B. New Items. 1. New items purchased from a licensed business are exempt from regulation under Section 7.70.090 if the Dealer has a bill of lading, receipt, invoice or the equivalent for the new items that specifies the seller's business name, physical and mailing address, date of transaction and a description of the purchased items. The bill of lading, receipt, invoice or the equivalent must be held by the Dealer for one year or as long as the property is in the Dealer's possession, whichever is longer. Upon reasonable belief that a specific licensed business is dealing in stolen property, the Chief of Police may deem that new items purchased from that specific licensed business are regulated property. 2. Items acquired from a manufacturer, manufacturer's representative or distributor that are discontinued or have been used for display or demonstration but not previously sold are new and exempt from regulation under 7.70.090 if the Dealer has a bill of lading, receipt, invoice or the equivalent that includes the information specified in Section B.1. The Dealer must hold the bill of lading, receipt, invoice or the equivalent for one year or as long as the property is in the Dealer's possession. 2/0707 Page 3 of 9 ADMINISTRATIVE POLICIES AND PROCEDURES C. Regulated property does not include any of the following property: 1. Vehicles required to be registered with the Oregon Motor Vehicles Division; 2. Boats required to be certified by the Oregon Marine Board; 3. Books and comic books; 4. Glassware, objects d'art, or sports cards and sports memorabilia; 5. Furniture; 6. Refrigerators, freezers, stoves, ovens, dishwashers, washers and dryers; 7. Game cartridges. SECTION II — COMPLETION INSTRUCTIONS FOR SECONDHAND DEALERS REPORTS_ _ — Comment: Section II was created as a set of instructions in completing the form, The following instructions are provided to assist in the proper completion of the Secondhand Dealers Report." Secondhand Dealers Report (SDR). The instructions correspond to the numbers See Section 7.70.080 in the proposed assigned to each block of the SDR on Page Five. Except for signatures and Clerk's Tigard Municipal Code for details initials, all entries must be printed. regarding this report. 1 Print the full name (last, first, middle name) of the person selling /pawning the regulated property. If the regulated property is purchased from a business or an estate, this block should contain the name of the business /estate. 2 Print your complete business name as it appears on your Secondhand Dealers Permit and your computer record number. If you use any abbreviations, be consistent. 3 Print the sex of the person selling/pawning the regulated property; "M" (male), "F" (female). 4 Indicate the race of the person selling/pawning the regulated property. A Other Asian or Pacific Islander B Black C Chinese H Hispanic I Native American Indian J Japanese U Unknown ✓ Vietnamese / Cambodian / Laotian / Thai W White / Arab 5 Print the height (in feet and inches) of the person selling/pawning the regulated property. 2/0707 Page 4 of 9 ADMINISTRATIVE POLICIES AND PROCEDURES 6 Print the weight of the person selling /pawning the regulated property. 7 Print the hair color of the person selling /pawning the regulated property. 8 Print the date of birth (month/day /year) of the person selling /pawning the regulated property. 9 Print the date (month/day /year) that the transaction occurred. Include date also for purchases from a business or an estate. 10 Print the time (to include a.m. or p.m.) that the transaction occurred. Include time also for purchases from a business or an estate. 11 This box is for the initials of the person preparing the SDR. This must be the same person processing the loan or purchase. 12 Print the complete street address of the person selling /pawning the regulated property. If the regulated property is purchased from a business or an estate, this block should contain the address of the business /estate. If the regulated property is purchased from the interne, this block should contain the seller's email or web site address. 13 Print the city in which the person selling /pawning the regulated property lives. If the regulated property is purchased from a business or an estate, this block should contain the city of the business /estate. 14 Print the state in which the person selling/pawning the regulated property lives. Note: This should be the two letter state abbreviation. 15 Check the box to indicate the type of transaction. CONS Consignment LOAN Pawn BUY Purchase 16 Print the exact amount of the transaction in dollars and cents. 17 Clearly print the type of identification provided by the person selling/pawning the regulated property. Note: "Acceptable identification" means either a valid driver license, a State of Oregon Identification Card issued by the Department of Motor Vehicles, or some other valid government- issued identification card and a second piece of government- issued identification one of which has a photograph of the seller. The person completing the transaction needs to make sure that the photograph appears to be the customer who is presenting the identification, and from whom the 2/0707 Page 5 of 9 ADMINISTRATIVE POLICIES AND PROCEDURES regulated property is being obtained. REMEMBER: -- Social Security Cards are not acceptable identification. A. Birth Certificate B. Concealed Weapons Permit C. Correctional Facility Identification Card D. Draft Card E. Employee Identification Card (City, County, State, Federal) F. F.C.C. Licenses G. Fishing License H. Food Stamp Identification Card I. Hunting License J. INS Identification Card (Green Card) K. Job Corps Identification Card L. Library Card M. Medicaid Card N. Medicare Card O. Military Dependant Identification Card P. Military Identification Card (Active, Reserve, Retired) Q. Military Driver's License R Pilot's License. S. State Issued Licenses (Bar, Electrician, Medical, Real Estate) T. U.S. Passport U. Unconcealed Weapons Permit V. VA Patient Identification Card W. Voter Registration Card X. WIC Card 18 Print the state (2 letter state abbreviation) in which the identification was issued if known. If there is no state of issue, then just note the kind of identification used. 19 Refer to Block 17. 20 Refer to Block 18. Remember that only one item per line, 5 items per SDR, can be listed. In the case of non - serialized or unmarked items such as rings that all have the same description then the items can be listed on one line. Such as "3 YG Men's wedding bands." 21 Specify the appropriate code for the type of regulated property involved in the transaction. Refer to the Portland Police Data System (PPDS) property code lists. 22 In addition to the code in Box 21, clearly describe the regulated property involved in the transaction, including in this order: brand, model, type, size, color and other 2/0707 Page 6 of 9 ADMINISTRATIVE POLICIES AND PROCEDURES descriptive identifiers. In addition, make drawings of jewelry items if unable to adequately describe the jewelry 23 If applicable, print SN /followed by the serial number of the regulated property. Also if applicable, print OAN /followed by the applied marking if owners have applied numbers such as driver license numbers, social security numbers, company names, initials, etc. Note: if a regulated item is just sprayed or splashed with paint, do not list the paint as an OAN. 24 For all guns, print the Portland Police Data System (PPDS) code for the type of gun involved in the transaction. 25 For all guns, print the caliber of the weapon /gun involved in the transaction, such as .22, .38, .45, etc. 26 This block must be signed by the person selling/pawning the regulated property after the form is completed. 27 Print the ten -digit telephone number of the person selling /pawning the regulated property. Except for #34 through #37, the Declaration of Ownership on the backside of the SDR is to be completed by the seller. It is not required for pawned items. Ask the seller to print carefully. Do not accept the form if the entries are illegible. 28 Seller to check the appropriate box. 29 Seller prints the date he /she obtained the property. If unknown the seller will print their best estimate. 30 Seller prints the person from whom, or the store where, they received the regulated property. 31 Seller prints the location of the store or where they received the regulated property. 32 Seller signs and dates the Declaration of Ownership. 33 If the seller is a minor, the parent or guardian of the minor seller signs and dates the form. 34 The person who prepared the SDR and witnessed the seller's entries, signs in this space. This must be the same person processing the loan or purchase. 2/0707 Page 7 of 9 ADMINISTRATIVE POLICIES AND PROCEDURES 35 With the assistance of the person who prepared the SDR, the right thumbprint of the seller is placed on the form. This is not required on loans or for dealers that are exempt. 36 If available the buyer may enter the seller's vehicle description — make, model, year, style, color. 37 If available the buyer may enter the seller's vehicle license number. William M. Dickinson Date Adopted Chief of Police Tigard Police Department 2/0707 Page 8 of 9 ADMINISTRATIVE POLICIES AND PROCEDURES NAME LAST FIRST MIDDLE BUSINESS NAME AND NUMBER 1 2 SEX I RACE HOT WGT HAIR DOB DATE TIME TICKET NUMBER CLERK 3 1 4 5 6 7 8 9 10 16900 11 - ADDRESS (RESIDENCE) CITY STATE I CONS AMOUNT (TOTAL) 12 13 14 ILYN s 16 IDENTIFICATION RI STATE IDENTIFICATION 12 STATE 17 18 19 20 GUN CALIBER CODE ITEM DESCRIPTION SERIAL # OWNER .APPLIED B TYPE 21 22 23 24 25 SIGNATURE - Phone STATE LICENSE PAWN DEALERS REPORT 26 27 SECOND HAND PERMIT DEALERS REPORT TIGARD POLICE WARNING: USE OF A FALSE NAME OR IDENTIFICATION TO 13125 SW HALL BLVD PLEDGE, PAWN, OR SELL STOLEN PROPERTY TIGARD, OR, 97223 CONSTITUTES A FELONY AND VIOLATORS WILL BE (5031 839.6168 TIG 2/1/98 PROSECUTED, Declaration of Proof of Ownership I hereby certify 1 am the owner of the property described and listed on the reverse side. Purchased This property was 28 _ Received as a gift On 29 Other (explain) luau) 30 From 31 Where I certify that all information in this report is complete and accurate and that I am competent to sign this form. 32 ' 33 Customer Signature / Date Parent or Guardian I nate 34 35 $%mess (Ckra) • 36 37 Vehicle IJttnt Plate Thumb Print 2/0707 Page 9 of 9 Exhibit C — TMC 7.70 as it would appear of changes are adopted TIGARD MUNICIPAL CODE Chapter 7.70 SECONDHAND DEALERS property transactions and by regulating the AND TRANSIENT conduct of persons engaged in this business MERCHANTS. activity. The Council finds that these regulations are necessary and the need for the regulations Sections: outweighs any anti - competitive effect that may result from their adoption. 7.70.010 Purpose. 7.70.020 Definitions. 7.70.020 Definitions. 7.70.030 Special License Required. 7.70.035 Minimum Standards. As used in this Chapter, unless the context 7.70.040 Special License. requires otherwise: 7.70.045 Surety Bond Required. 7.70.050 Issuance and Renewal of 1. "Acceptable identification" means either a Special Permit. current driver's license, a State of Oregon 7.70.060 Special License Fees. Identification Card issued by the Department of 7.70.070 Property Sales. Motor Vehicles, or two current United States, 7.70.080 Reporting of Secondhand state- or local government- issued identification Dealer Transactions. cards, one of which has a photograph of the seller. 7.70.090 Regulated Property Sale Limitations. 2. "Acquire" means to take or transfer any 7.70.100 Tagging Regulated Property for interest in personal property in a voluntary Identification. transaction, including but not limited to: sales; 7.70.110 Inspection of Property and consignments; memoranda between a Dealer and Records. a private party seller; leases; trade -ins; loans; and 7.70.120 Prohibited Acts. abandonment's. Any acquisition of regulated 7.70.130 Civil Penalties. property by a Dealer will be presumed to be an 7.70.140 Revocation or Suspension of acquisition on behalf of the Secondhand Dealer Permit. business. Notwithstanding the foregoing, 7.70.150 Appeals. "acquire" does not include: 7.70.155 Administrative Policies and Procedures. a. Any loans made in compliance with state laws by persons licensed as 7.70.010 Purpose. pawnbrokers by the State of Oregon; or The Council's purpose in adopting this Chapter is to regulate certain business activities b. Memoranda between a Secondhand that present an extraordinary risk of being used by Dealer and a person engaged in the criminals to dispose of stolen property. The business of selling regulated property. Council finds that this risk is present despite the best efforts of legitimate secondhand dealer 3. "Business Location" means any physical businesses because these businesses process large location where the Dealer conducts business. volumes of goods and materials that are frequently the subject of theft. This Chapter is 4. "Chief of Police" means the Chief of the intended to reduce this type of criminal activity by Tigard Police Department or his or her designee. providing timely police awareness of such 7 - 70 - Code Update: 5/08 TIGARD MUNICIPAL CODE 5. "Criminal arrests or a conviction" refers property in any one -year period will to any offense defined by the statutes of the State be categorized as an "Occasional of Oregon or ordinances of the City of Tigard, Secondhand Dealer." The term unless otherwise specified. Any arrest or "Dealer" in this Chapter and all conviction for conduct other than that denoted by regulations herein refer to the statutes of the State of Oregon or ordinances Secondhand Dealers, Occasional of the City of Tigard, as specified herein, will be Secondhand Dealers and Pawnbrokers considered to be equivalent to one of such unless specifically stated otherwise. offenses if the elements of such offense for which the person was arrested or convicted would have c. "Dealer" does not include: constituted one of the above offenses under the applicable Oregon statutes or City of Tigard (1) A business whose acquisitions of ordinance provisions. regulated property consist exclusively of donated items 6. "Dealer" or "Secondhand Dealer" and /or purchases from 501(C)3 organizations; or a. Means any: (2) A person whose only business (1) Sole Proprietorship, partnership, transactions with regulated limited partnership, family property in the City of Tigard limited partnership, joint venture, consist of the sale of personal association, cooperative, trust, property acquired for household estate, corporation, personal or other personal use; or holding company, limited liability company, limited liability (3) A person whose only business partnership or any other form of transactions with regulated organization for doing business property in the City of Tigard and that: consist of a display space, booth, or table maintained for displaying (2) Either: or selling merchandise at any trade show, convention, festival, Acquires regulated property at or fair, circus, market, flea market, from business locations within the swap meet or similar event for City of Tigard, or on behalf of less than 14 days in any calendar such a business regardless of year. where the acquisition occurs, or 7. "Held Property" means any regulated Offers for sale regulated property. property that cannot be sold, dismantled or otherwise disposed of for a proscribed period of (3) Pawn broker licensed under the time as more specifically enumerated in Section Oregon Pawnbroker's Act, 7.70.090. ORS 726.020, 726.990. 8. "Investment purposes" means the b. Dealers that acquire or offer for sale purchase of personal property by businesses and not more than 50 items of regulated the retention of that property in the same form as 7 -70 -2 Code Update: 5/08 TIGARD MUNICIPAL CODE purchased, for resale to persons who are the Administrative Policies and Procedures, purchasing the property primarily as an Section I, and shall be updated by June 30 of investment. each year by the Chief of Police. A copy will be kept on file in the Police Department. 9. "Medication" means any substance or preparation, prescription or over - the - counter, used 16. "Remanufactured" means that an item has in treating or caring for ailments and /or conditions been altered to the degree that the main in humans or animals. components are no longer identifiable as the original item. 10. "New" means anything conspicuously not used. 17. "Seller" means any person who: 11. "Pawnbroker" means any business a. Offers items of regulated property in required by Oregon Revised Statute 726.040 to exchange for money or other hold an Oregon pawnbroker's license. property; or as collateral for a loan; or Pawnbrokers are required by Chapter 7.70 to have a Secondhand Dealer Permit. As a Dealer, all b. Donates or abandons items of transactions occurring within their business regulated property. (loans, buys, or consignments) are subject to all requirements within this Chapter unless otherwise 18. "Trade Show" means an event open to the stated. public, held in a venue other than a Dealer's business location, at which vendors of a specific 12. "Person" means a natural person. type of merchandise may exhibit, buy, sell, or trade items that may include regulated property. 13. "Principal" means any person who will be directly engaged or employed in the management Events commonly known as flea markets or swap or operation of the Secondhand Dealer business, meets, in which goods of many types are including any owners and any shareholders with a exhibited, sold or traded, are not considered trade 5% or greater interest in the company. shows for the purpose of this Chapter. 14. "Receive" means to take property into the 19. "Transaction Report" means the record of inventory, possession, or control of a Dealer. the information required by Section 7.70.080, transmitted to Tigard Police Department by the 15. "Regulated property" means property of a means required in section 7.70.080. type that has been determined by the Chief of Police to be property that is frequently the subject 20. "Used" means anything that has been put of theft, including new items as defined in this into action or service. section as well as used items such as precious metals, precious gems, watches, sterling silver, 21. "PPDS" (Portland Police Data System) electronic equipment, photography equipment, means the computerized record keeping system tools, musical instruments and cases, firearms, Tigard Police Department utilizes to manage data, sporting equipment, and household appliances. In including, but not limited to, Secondhand Dealers' order to enhance the Police Department's ability transaction reports. to reduce property crimes and recover stolen goods, a list of regulated property is included in 7 - 70 - Code Update: 5/08 TIGARD MUNICIPAL CODE 2. Dealers shall comply with all applicable federal, state and local regulations. 7.70.030 Special License Required. 7.70.040 Application for Special License. 1. No person or business shall engage in, conduct or carry on a secondhand dealer business 1. An applicant for a Secondhand Dealer in the City of Tigard without a valid Secondhand Special License shall complete and submit an Dealer Special License issued by the City of application (including required personal history Tigard. A special license shall be required in forms) that sets forth the following information: addition to a business license or special certificate required by Chapter 5.04 of the Tigard Municipal a. The name, address, telephone Code, or any other city license or permit. number, birth date and principal occupation of all owners and any 2. Upon acquiring or offering for sale more person who will be directly engaged than 50 items of regulated property during any or employed in the management or one -year period, an Occasional Secondhand operation of the business or the Dealer shall apply for and obtain a Secondhand proposed business; Dealer Special License before acquiring any more items of regulated property. b. The name, address and telephone number of the business or proposed 3. Any person or business that advertises or business and a description of the otherwise holds him/herself out to be acquiring or exact nature of the business to be offering for sale regulated property within the operated; City of Tigard will be presumed to be operating as a Dealer subject to the terms of Chapter 7.70. c. The web address of any and all web pages used to acquire or offer for sale 4. The sale of regulated property at events regulated property on behalf of the commonly known as "garage sales," "yard sales," Dealer, and any and all internet or "estate sales" is exempt from these regulations auction account names used to if all of the following are present: acquire or offer for sale regulated property on behalf of the Dealer. a. No sale exceeds a period of 72 consecutive hours; and d. Written proof that all principals are at least 18 years of age; b. No more than four sales are held at the same location in any twelve- e. Each principal's business occupation month period. or employment for the 3 years immediately preceding the date of 7.70.035 Minimum Standards. application; 1. No person or business may operate as a f. The business license and permit Dealer within the City of Tigard unless the person history of the applicant in operating a or business maintains a fixed physical business business identical to or similar to location. those regulated by Chapter 7.70; 7 -70 -4 Code Update: 5/08 TIGARD MUNICIPAL CODE g. A brief summary of the applicant's dates, telephone numbers, and business history in any jurisdiction principal occupations, along with including; all other information required of any individual applicant, of every (1) The business license or permit officer, director, members or history of the applicant; and, managers, and shareholder (owning more than five percent of (2) Whether the applicant or any the outstanding shares) and the principal has ever had any number of shares held by each; business - related license or permit revoked or suspended, the reasons i. If the applicant does not own the therefore, and the business business premises, a true and activity or occupation of the complete copy of the executed lease applicant or principal subsequent (and the legal description of the to the suspension or revocation. premises to be permitted) must be attached to the application; h. Whether the applicant will be a sole proprietorship, partnership, limited j. All arrests or convictions of each partnership, family limited principal enumerated in Paragraphs 1 partnership, joint venture, association, through 7 of this Section; cooperative, trust, estate, corporation, personal holding company, Limited k. Upon request, principals and Liability Company, limited liability employees shall submit to the Tigard partnership or any other form of Police Department the following organization for doing business. information: fingerprints, passport- size photographs, and a copy of the (1) If a partnership, the application signature initials to be used by must set forth the names, birth persons on transaction report forms. dates, addresses, telephone Principals and employees must numbers, and principal submit new photos if requested to do occupations, along with all other so by the Tigard Police Department. information required of any individual applicant, of each 1. Any other information that the Chief partner, whether general, limited, of Police may reasonably feel is or silent, and the respective necessary to accomplish the goals of ownership shares owned by each; this Chapter. (2) If a corporation, or limited 2. The Secondhand Dealer shall notify the liability company, the application Chief of Police of any changes in the information must set forth the corporate or required in Section A within ten business days. company name, copies of the articles of incorporation or 3. New employees of Dealers shall complete organization and the corporate and submit the personal history form as required by -laws or operating agreement, in Section A of this Subsection. Employees may and the names, addresses, birth not acquire regulated property until all required 7 - 70 - Code Update: 5/08 TIGARD MUNICIPAL CODE information has been reviewed and approved by business, or any person who owns a the Tigard Police Department. The criteria used five percent or more interest in the to review a new employee will be the same as business, has previously owned or those used in the review of an initial application in operated a business regulated by Chapter 7.70. Chapter 7.70; and 4. The personal and business information (1) The license or permit for the contained in the application forms required business has been revoked for pursuant to Section 7.70.040 are subject to the cause that would be grounds for requirements of the Oregon Public Records Law, revocation pursuant to Chapter ORS 192.410 et seq. 7.70; or Section 7.70.045 Surety Bond Required. (2) The business has been found to constitute a public nuisance and No person shall engage in business as a abatement has been ordered. transient merchant until such merchant has filed with the City Recorder of the City a ten thousand b. Any person listed on the initial dollar bond, with a surety company licensed to do application or renewal application has business in the state of Oregon as surety, for the been convicted of one or more of the benefit of any person damaged by false, offenses listed below or has violated fraudulent, or misleading representations of the any section of Chapter 7.70. The transient merchant in the conduct of his business. offenses include: (Ord. 83 -26 §8, 1983). (1) Any felony. Section 7.70.050 Issuance and Renewal of Special Permit. (2) Any misdemeanor or violation involving either bribery, 1. Upon the filing of an application for a controlled substances, deception, Secondhand Dealer Special License and payment dishonesty, forgery, fraud, or of the required fee, the Chief of Police shall theft, or any attempt or conduct an investigation of the applicant and all conspiracy to commit any of the principals and employees listed according to the listed offenses. requirements in Section 7.70.040. The Chief of Police shall issue the permit within 90 days of c. The Chief of Police finds by a receiving the application if no cause for denial preponderance of the evidence that exists. the applicant or any principal or employee has committed any offense 2. Except as provided in Section 7.70.050 relating to fraud, theft or any attempt the Chief of Police shall deny an application for a or conspiracy to commit theft, or any Secondhand Dealer Special License if any of the offense listed in Section 7.70.120. following apply: c. The Chief of Police finds by a a. The applicant, or any person who will preponderance of the evidence that be directly engaged in the the applicant or any principal or management or operation of the employee who will be involved in the 7 - 70 - Code Update: 5/08 TIGARD MUNICIPAL CODE business has violated any law where 4. Secondhand Dealer Special Licenses are the elements of such law are valid for one year and expire at 12:00 a.m. on equivalent to the provisions of January 15` of each year. The permits are Chapter 7.70; nontransferable and are valid only for a single business location. When the business location is d. Any statement in the application is to be changed, the permit holder shall provide the false or any required information is address of the new location in writing to the Chief withheld; or of Police for approval at least 14 days prior to the change. e. The Chief of Police finds by a preponderance of the evidence that 5. Secondhand Dealer Special Licenses must the applicant, or any person who will be displayed at the business location in a manner be directly engaged or employed in readily visible to patrons. the management or operation of the business, or any person who owns a 6. Upon denial of an application for a five percent or more interest in the Secondhand Dealers Special License, the Chief of business, has previously owned or Police shall give the applicant written notice of operated a business regulated by the denial. Chapter 7.70 or any laws or statutes equivalent to the provisions of a. Service of the notice will be Chapter 7.70, and the business has accomplished by mailing the notice to violated applicable state, federal or the applicant by certified mail, return local requirements, including receipt requested. permitting requirements. b. Mailing of the notice will be prima 3. Notwithstanding Section 7.70.050, the facie evidence of receipt of the notice. Chief of Police may grant a permit after consulting with the City Council despite the c. The denial will be effective the date presence of one or more of the enumerated factors the notice is sent if the applicant establishes to the Chief of Police's reasonable satisfaction that: 7. Denial of a permit may be appealed by filing written notice of an appeal within 10 days a. The behavior evidenced by such of the date of denial in accordance with Section factor is not likely to recur; or, 7.70.150. b. The behavior evidenced by such 7.70.060 Special License Fees. factor is remote in time; or, Every Dealer shall complete and submit all c. The behavior evidenced by such required forms to the Chief of Police and pay a factor occurred under circumstances non- refundable fee as set forth by the City of that diminish the seriousness of the Tigard Master Fees and Charges Schedule. factor as it relates to the purpose of Chapter 7.70. 7 - 70 - Code Update: 5/08 TIGARD MUNICIPAL CODE 7.70.070 Subsequent Locations. 60 days to comply with the new format requirements. If unable to 1. Dealers must file an application for a implement the reporting system permit for a subsequent or additional business before the deadline, a Dealer must location with the Tigard Police Department and submit a written request for additional pay a non - refundable fee as set forth in the City of time to the Chief of Police before the Tigard Master Fees and Charges Schedule; deadline. provided the information required for the subsequent or additional business location is c. Pawnbrokers are required to report identical to that provided in the application for the only new transactions. Loan renewals prior location with the exception of that required do not need to be reported. by Section 7.70.040. 2. The Tigard Police Department will 2. Secondhand Dealer Special Licenses provide all Secondhand Dealers with transaction issued for subsequent or additional business report forms at cost until 60 days after such time locations will be subject to all the requirements of that the Chief of Police directs a change in the this Chapter, and the term of the permit issued for reporting method. The Chief of Police may a subsequent or additional location will expire on specify the format of the transaction report form. the same date as the initial permit. The Chief of Police may require that the transaction report form include any information 7.70.080 Reporting of Secondhand Dealer relating to the regulations of this Chapter. Dealers Transactions. may utilize their own forms, in lieu of those supplied by the Tigard Police Department, if the 1. Dealers shall provide to the Tigard Police Chief of Police has approved such forms. The Department all required information as set forth Declaration of Proof of Ownership will be by the Tigard Police Department for each considered to be included in references in this regulated property transaction (not including Chapter to the transaction report form, as sales). The Chief of Police may designate the appropriate. format for the transfer of this information and may direct that it be communicated to the Criminal 7.70.090 Regulated Property Sale Limitations. Investigations Unit by means of mail, the internet, or other computer media. 1. Regulated property is subject to the following limitations: a. In any such case that the Chief directs that the information be transmitted via a. Holding Period: Regulated property computer media, the Chief may also acquired by any Secondhand Dealer direct the system that will be utilized must be held for a period of 30 full in order to ensure conformity among days from the date of acquisition. all Secondhand Dealers. Pawnbroker loan transactions are exempt from the 30 -day hold b. If, after establishing the format and requirements of 7.70.090 because of requirements for the transmission of the redeemable nature of the loans computerized reports of transactions, and the holding requirements in ORS the Chief of Police alters the required 726. However, if the loan is format, Dealers will be given at least converted to a buy by the pawnbroker 7 - 70 - Code Update: 5/08 TIGARD MUNICIPAL CODE within 30 days from the date of the that Dealer with the original pawn transaction, the difference receipt. between the original date of the pawn and the buy will count toward the 30- 2. Notwithstanding Section 7.70.090, the day hold requirement. All other Chief of Police may determine that certain types provisions of 7.70.090 remain in of transactions pose a reduced risk of being an effect. outlet for the sale of stolen property and therefore may modify the hold period and/or reporting b. Requirements of held property: All requirements for those types of transactions. held property must remain in the Those transactions and the modified requirements same form as when received, must not are described in Section 7.70.120. be sold, dismantled or otherwise disposed of, and must be kept 3. Upon reasonable belief that an item of separate and apart from all other regulated property is the subject of a crime, any property during the holding period to peace officer may provide notice to any Dealer prevent theft or accidental sale and to that a specifically described item of regulated allow for identification and property must be held in a separate Police Hold examination by the Tigard Police area for a period not to exceed 30 days from the Department. Held property must be date of notification, and is subject to the kept at the business location during requirements of Chapter 7.70.090, Subsection 1.b, this holding period so that it can be above. The hold may be extended an additional inspected during normal business 30 days upon notice provided to the Dealer that hours (as provided in Section additional time is needed to determine whether a 7.70.110). Held property, other than specific item of regulated property is the subject property on Police Hold, may be held of a crime. The Dealer shall comply with the hold in a place within public view, as long notice and notify the Tigard Police Department as the other requirements of Chapter Criminal Investigations Unit of the hold notice no 7.70.090, Subsection 1.b, are met. later than five calendar days from the day the notice was received, either by telephone, fax, e- c. Held property requirements do not mail or in person. A Dealer must notify the apply if: Criminal Investigations Unit of their intent to dispose of any item of regulated property under (1) The property is received from a Police Hold at least 10 days prior to doing so. Secondhand Dealer regulated by the City of Tigard who has a. A Police Hold area must meet the already satisfied the holding following criteria: requirements of this Chapter and the Dealer records the original (1) Located out of public view and transaction report number on the access, and transaction report completed for the new transaction, or (2) Marked "Police Hold," and (2) If a customer, who originally (3) Contain only items that have been purchased property from a put on Police Hold. Secondhand Dealer, returns it to 7 -70 -9 Code Update: 5/08 TIGARD MUNICIPAL CODE b. Dealers may maintain up to three conform to all the requirements found in Chapter Police Hold areas as necessary for the 7.70.090, Subsection 1.b. safe storage of high value items, physically large items, and general 6. If a Dealer receives information that leads merchandise put on Police Hold. to an objectively reasonable basis to believe that any property already at his /her business location c. If it is not possible or practical to has been previously lost or stolen, he /she must move an item to or store an item in report that belief to the Tigard Police Department the Police Hold area, a Dealer may by day's end. The notice must include the submit a written request to the Chief transaction report number and any additional of Police or his /her designee for information regarding the name of the owner, if approval to keep the item with other known. held property. Approval may be granted with the understanding that 7. If a peace officer seizes any property from the item will be clearly marked as a Dealer, the Dealer must notify the Tigard Police being on Police Hold and kept from Department of the seizure no later than five public view and access. calendar days from the day the seizure occurs. The Dealer must provide the name of the agency, 4. Upon probable cause that an item of the name of the peace officer, the number of the property is the subject of a crime, the Chief of receipt left for the seizure, and the seized property Police or his /her designee may take physical information. Notification to the Tigard Police custody of the item or provide written notice to Department may be given by telephone, fax, any Dealer to hold such property for a period of email, or in person. time as determined by the Chief of Police, not to exceed the statute of limitations for the crime 7.70.100 Tagging Regulated Property for being investigated. Any property placed on hold Identification. pursuant to this subsection is subject to the requirements found in Chapter 7.70.090, Dealers shall affix a tag to every item of Subsection 1.b, and will be maintained in the regulated property, which must contain a unique, Police Hold area unless seized or released by the legible number. That unique number must either Police. Seizure of property will be carried out in be the same as the transaction report number for accordance with Oregon Revised Statutes. that item or be referenced to the transaction report required by the Tigard Police Department. After 5. If a Dealer acquires regulated property the holding period has expired, the transaction with serial numbers, personalized inscriptions or number must remain identifiable on the property initials, or other identifying marks which have until the sale of the property. been destroyed or are illegible due to obvious normal use, the Dealer shall continue to hold the 1. After the applicable holding period has property at the business location for a period of 90 expired, hand tools, or items that are sold with full days after acquisition. The Dealer must notify other like items and have no identifiable numbers the Tigard Police Department by writing "90 day or markings need not remain tagged. hold" next to the item on the transaction report or by an electronic means approved by the Tigard 2. After the applicable holding period has Police Department. The held property must expired, items that are remanufactured need not remain tagged. 7 - 70 - 10 Code Update: 5/08 TIGARD MUNICIPAL CODE b. To receive property prohibited by this 7.70.110 Inspection of Property and Records. Chapter, including: Upon presentation of official identification, a (1) Medications; Dealer shall allow any representative of the Tigard Police Department to enter the business (2) Gift cards, in -store credit cards, or location to ensure compliance with the provisions activated phone cards; of Chapter 7.70. The inspection will be for the limited purpose of inspecting the business (3) Property with serial numbers, location, regulated property, and related records as personalized inscriptions or provided in this Chapter. Except by mutual initials or other identifying marks agreement with the Dealer or by court order, any that appear to have been inspection under this Section may occur only intentionally altered or rendered during the Dealer's normal business hours. illegible. 7.70.120 Prohibited Acts. c. To receive property that a reasonable person under similar circumstances 1. It is unlawful for any person regulated by would believe is more likely than not Chapter 7.70: stolen. Determination regarding whether or not an item is found to be a. To receive any property from any stolen will not be used as a factor to person determine whether a Dealer has violated this subsection. (1) Known to the principal, employee or Dealer to be prohibited from 2. Any violation of Section 7.70 is selling by a court order, punishable, upon conviction, by a fine of not more than $500 and a jail sentence of up to six months. (2) Under the age of 18 years unless the person's parent or guardian completes the applicable information on the Declaration of 7.70.130 Civil Penalties. Proof of Ownership, 1. The Chief of Police may assess civil (3) About whom the principal, penalties in an amount up to $500 for each employee or Dealer has been violation of Chapter 7.70. given notice by law enforcement as having been convicted of 2. Procedure. burglary, robbery, theft or possession of or receiving stolen a. The Chief of Police, having made a property within the past ten years determination to seek civil penalties whether the person is acting in his as provided by this Section, shall give or her own behalf or as the agent the Dealer written notice of the of another who meets the above determination. criteria; 7 - 70 - 11 Code Update: 5/08 TIGARD MUNICIPAL CODE b. Service of the notice will be within ten business days after the accomplished by mailing the notice penalty becomes final; or by regular and certified mail, return receipt requested. e. If any statement contained in the application for the permit is false c. Mailing of the notice will be prima facie evidence of receipt of the notice. 2. The Chief of Police, upon revocation or suspension of any permit issued pursuant to this d. The civil penalty will be due ten days Chapter, shall give the Dealer written notice of the from the date of the notice unless revocation or suspension. such civil penalty is appealed in accordance with Section 7.70.150. a. Service of the notice will be accomplished by mailing the notice 7.70.140 Revocation or Suspension of Permit. by regular and certified mail, return receipt requested. 1. Along with the other regulatory enforcement authority granted under this Chapter, b. Mailing of the notice by regular mail the Chief of Police may, after consulting with the will be prima facie evidence of receipt City Council, revoke or suspend any permit issued of the notice. pursuant to this Chapter: 3. Revocation will be effective and final ten a. For any cause that would be grounds days after the giving of notice unless the for denial of a permit; or revocation is appealed in accordance with Section 7.70.150 b. Upon finding that any violation of the provisions of this Chapter, federal, 4. Suspension will be effective immediately state or other local law has been upon the giving of notice, for the period of time committed and the violation is set in the notice not to exceed 30 days. connected with the operation of the permitted business location so that the 7.70.150 Appeals. person in charge of the business location knew, or should reasonably 1. Any Dealer or person whose initial have known, that violations or application or renewal application for a offenses were permitted to occur at Secondhand Dealer Special License has been the location by the Dealer or any denied, or whose license has been revoked or principal or employee engaged or suspended, or who has been directed to pay a civil employed in the management or penalty by the Chief of Police, may appeal the operation of the business location; or action of the Chief of Police to the Civil Infractions Hearing Officer in accordance with c. A lawful inspection has been refused; Chapter 1.17 of the Tigard Municipal Code. or d. If payment of civil penalties has not been received by the City of Tigard 7 - 70 - 12 Code Update: 5/08 TIGARD MUNICIPAL CODE 2. The filing of a notice of appeal of revocation or suspension of a permit, or of a civil penalty imposed by the Chief of Police under this Chapter, will stay the effective date of the action until the Civil Infractions Hearing Officer has issued an opinion. 7.70.155 Administrative Policies and Procedures. 1. The City Council shall grant the Chief of Police the authority to change, modify or adjust the Definition of Regulated Property list (Administrative Policies and Procedures, Section I), Completion of Secondhand Dealers Report (Administrative Policies and Procedures, Section II), or other sections specified in this chapter. Administrative Policies and Procedures, Sections I and II, will be maintained by the Tigard Police Department and copies will be provided to all Dealers. 2. The Chief of Police shall make available and publish a new Regulated Property List (Administrative Policies and Procedures, Section I) and Completion of Secondhand Dealers Report (Administrative Policies and Procedures, Section II) by June 30 of each year. If no modifications are made to Administrative Policies and Procedures, Sections I and II, from the previous year, the previous year's Administrative Policies and Procedures, Sections I and II, will remain in effect. 7 - 70 - 13 Code Update: 5/08 ADMINISTRATIVE POLICIES AND PROCEDURES Exhibit D - Policies and Procedures if proposed changes are adopted SECTION I - DEFINITION OF REGULATED PROPERTY Regulated property means: A. Used items: 1. Precious metals. Examples include: any metal that is valued for its character, rarity, beauty or quality, including gold, silver, platinum, or any other such metals, whether as a separate item or in combination as a piece of jewelry; and/or jewelry containing precious metals or precious gems including but not limited to: rings, necklaces, pendants, earrings, brooches, bracelets, or chains. 2. Precious gems. Examples include: any gem that is valued for its character, rarity, beauty or quality, including diamonds, rubies, emeralds, sapphires or pearls, or any other such precious or semi - precious gems or stones, whether as a separate item or in combination as a piece of jewelry. 3. Watches. 4. Sterling silver. Examples include: flatware, candleholders, coffee and tea sets, ornamental objects, champagne flutes, wineglasses, or serving pieces such as: platters, bowls, trays, water pitchers, open bakers, ice buckets, shell dishes, or salt and pepper shakers. 5. Electronic equipment: Examples include: a. Audio equipment including but not limited to: tape players, tape decks or players, compact/digital disc players, sound metering devices, tuners, amplifiers, speakers, transceivers, equalizers, receivers, phonographs, turntables, stereos, radios, car stereos, car speakers, microphones, broadcasting equipment, citizen band radios /transceivers, digital audio recorders or players. b. Video equipment including but not limited to: televisions, videotape or videodisc recorders, videotape or videodisc players, video cameras, video projectors, video monitors, digital video recorders or players. c. Electrical office equipment including but not limited to: telefax machines, laser printers, copiers, duplicators, typewriters, calculators, cash registers, transcribers, Dictaphones, computers, home computers, modems, monitors, any computer equipment or accessories having uniquely identifiable parts, or identifiable software. 2/0707 Page 1 of 9 ADMINISTRATIVE POLICIES AND PROCEDURES d. Telephones or telephone equipment including but not limited to: answering machines, cellular telephones, or satellite telephones. e. Game units and games that are handheld, console or played on a computer. f. Other electronic equipment including but not limited to: global positioning systems, electronic navigation devices or radar detectors. 6. Photographic and optical equipment and any accompanying bags including but not limited to: cameras, camera lenses, camera filters, camera motor drives, light meters, flash equipment, movie projectors, slide projectors, photography processing equipment, photography enlarging equipment, binoculars, telescopes, opera glasses, microscopes, surveying equipment both optical and electronic, rifle scopes, spotting scopes, electronic sighting equipment, tripods, accessories and components, digital image recorders or display devices. 7. Power yard and garden tools including but not limited to: garden tractors, lawn mowers, Rototillers, lawn sweepers, weed or brush cutters, edgers, trimmers, blowers, chippers, shredders, or ladders. 8. Power equipment and tools including but not limited to: air hammers, air tools, nail guns, power staplers, power saws, power sanders, chainsaws, power planers, power drills, routers, lathes, joiners, shop vacuums, paint sprayers and accessory equipment, generators, air compressors, pressure washers, logging equipment, welding or cutting equipment or components, measuring devices and gauges, or construction equipment. 9. Automotive and hand tools including but not limited to: wrench sets, socket sets, screw driver sets, pliers, vise grips, tool boxes, auto body hammers, jacks, timing lights, testing and analyzing equipment or components. 10. Musical instruments and any accompanying cases or bags including but not limited to: pianos, organs, guitars, violins, cellos, trumpets, trombones, saxophones, flutes, drums, percussion instruments, electronic synthesizers, or mixing boards. 11. Firearms including but not limited to: rifles, shotguns, handguns, revolvers, pellet guns, or BB guns. 12. Sporting equipment limited to: kayaks, bicycles, golf clubs, and bags, pool cues or cases, snow or water skis, hard plastic ski boots, snow or water boards, fishing rods or reels, skates, saddles or tack. 13. Outboard motors and boating accessories limited to: outdrives, props, inboard engines, boat covers, tops or unlicensed boat trailers. 2/0707 Page 2 of 9 ADMINISTRATIVE POLICIES AND PROCEDURES 14. Household appliances, including but not limited to: microwave ovens, sewing ' machines, vacuums, mixing and food preparation equipment. 15. DVD boxed sets. 16. Property that is not purchased by a bona fide business for investment purposes, limited to: a. Gold bullion bars (0.995 fine or better); b. Silver bullion bars (0.995 fine or better); c. All tokens, coins, or money, whether commemorative or an actual medium of exchange, adopted by a domestic or foreign government as part of its currency whose intrinsic, market or collector value is greater than the apparent legal or face value; or d. Postage stamps, stamp collections and philatelic items whose intrinsic, market or collector value is greater than the apparent legal or face value. B. New Items. 1. New.items purchased from a licensed business are exempt from regulation under Section 7.70.090 if the Dealer has a bill of lading, receipt, invoice or the equivalent for the new items that specifies the seller's business name, physical and mailing address, date of transaction and a description of the purchased items. The bill of lading, receipt, invoice or the equivalent must be held by the Dealer for one year or as long as the property is in the Dealer's possession, whichever is longer. Upon reasonable belief that a specific licensed business is dealing in stolen property, the Chief of Police may deem that new items purchased from that specific licensed business are regulated property. 2. Items acquired from a manufacturer, manufacturer's representative or distributor that are discontinued or have been used for display or demonstration but not previously sold are new and exempt from regulation under 7.70.090 if the Dealer has a bill of lading, receipt, invoice or the equivalent that includes the information specified in Section B.1. The Dealer must hold the bill of lading, receipt, invoice or the equivalent for one year or as long as the property is in the Dealer's possession. 2/0707 Page 3 of 9 ADMINISTRATIVE POLICIES AND PROCEDURES C. Regulated property does not include any of the following property: 1. Vehicles required to be registered with the Oregon Motor Vehicles Division; 2. Boats required to be certified by the Oregon Marine Board; 3. Books and comic books; 4. Glassware, objects d'art, or sports cards and sports memorabilia; 5. Furniture; 6. Refrigerators, freezers, stoves, ovens, dishwashers, washers and dryers; 7. Game cartridges. SECTION II - COMPLETION INSTRUCTIONS FOR SECONDHAND DEALERS REPORTS The following instructions are provided to assist in the proper completion of the Secondhand Dealers Report (SDR). The instructions correspond to the numbers assigned to each block of the SDR on Page Five. Except for signatures and Clerk's initials, all entries must be printed. 1 Print the full name (last, first, middle name) of the person selling /pawning the regulated property. If the regulated property is purchased from a business or an estate, this block should contain the name of the business /estate. 2 Print your complete business name as it appears on your Secondhand Dealers Permit and your computer record number. If you use any abbreviations, be consistent. 3 Print the sex of the person selling /pawning the regulated property; "M" (male), "F" (female). 4 Indicate the race of the person selling /pawning the regulated property. A Other Asian or Pacific Islander B Black C Chinese H Hispanic I Native American Indian J Japanese U Unknown ✓ Vietnamese / Cambodian / Laotian / Thai W White / Arab 5 Print the height (in feet and inches) of the person selling /pawning the regulated property. 2/0707 Page 4 of 9 ADMINISTRATIVE POLICIES AND PROCEDURES 6 Print the weight of the person selling /pawning the regulated property. 7 Print the hair color of the person selling /pawning the regulated property. 8 Print the date of birth (month/day /year) of the person selling /pawning the regulated property. 9 Print the date (month/day /year) that the transaction occurred. Include date also for purchases from a business or an estate. 10 Print the time (to include a.m. or p.m.) that the transaction occurred. Include time also for purchases from a business or an estate. 11 This box is for the initials of the person preparing the SDR. This must be the same person processing the loan or purchase. 12 Print the complete street address of the person selling /pawning the regulated property. If the regulated property is purchased from a business or an estate, this block should contain the address of the business /estate. If the regulated property is purchased from the interne, this block should contain the seller's email or web site address. 13 Print the city in which the person selling /pawning the regulated property lives. If the regulated property is purchased from a business or an estate, this block should contain the city of the business /estate. 14 Print the state in which the person selling /pawning the regulated property lives. Note: This should be the two letter state abbreviation. 15 Check the box to indicate the type of transaction. CONS Consignment LOAN Pawn BUY Purchase 16 Print the exact amount of the transaction in dollars and cents. 17 Clearly print the type of identification provided by the person selling /pawning the regulated property. Note: "Acceptable identification" means either a valid driver license, a State of Oregon Identification Card issued by the Department of Motor Vehicles, or some other valid government- issued identification card and a second piece of government- issued identification one of which has a photograph of the seller. The person completing the transaction needs to make sure that the photograph appears to be the customer who is presenting the identification, and from whom the 2/0707 Page 5 of 9 ADMINISTRATIVE POLICIES AND PROCEDURES regulated property is being obtained. REMEMBER: -- Social Security Cards are not acceptable identification. A. Birth Certificate B. Concealed Weapons Permit C. Correctional Facility Identification Card D. Draft Card E. Employee Identification Card (City, County, State, Federal) F. F.C.C. Licenses G. Fishing License H. Food Stamp Identification Card I. Hunting License J. INS Identification Card (Green Card) K. Job Corps Identification Card L. Library Card M. Medicaid Card N. Medicare Card 0. Military Dependant Identification Card P. Military Identification Card (Active, Reserve, Retired) Q. Military Driver's License R Pilot's License. S. State Issued Licenses (Bar, Electrician, Medical, Real Estate) T. U.S. Passport U. Unconcealed Weapons Permit V. VA Patient Identification Card W. Voter Registration Card X. WIC Card 18 Print the state (2 letter state abbreviation) in which the identification was issued if known. If there is no state of issue, then just note the kind of identification used. 19 Refer to Block 17. 20 Refer to Block 18. Remember that only one item per line, 5 items per SDR, can be listed. In the case of non - serialized or unmarked items such as rings that all have the same description then the items can be listed on one line. Such as "3 YG Men's wedding bands." 21 Specify the appropriate code for the type of regulated property involved in the transaction. Refer to the Portland Police Data System (PPDS) property code lists. 22 In addition to the code in Box 21, clearly describe the regulated property involved in the transaction, including in this order: brand, model, type, size, color and other 2/0707 Page 6 of 9 ADMINISTRATIVE POLICIES AND PROCEDURES descriptive identifiers. In addition, make drawings of jewelry items if unable to adequately describe the jewelry 23 If applicable, print SN /followed by the serial number of the regulated property. Also if applicable, print OAN /followed by the applied marking if owners have applied numbers such as driver license numbers, social security numbers, company names, initials, etc. Note: if a regulated item is just sprayed or splashed with paint, do not list the paint as an OAN. 24 For all guns, print the Portland Police Data System (PPDS) code for the type of gun involved in the transaction. 25 For all guns, print the caliber of the weapon/gun involved in the transaction, such as .22, .3 8, .45, etc. 26 This block must be signed by the person selling /pawning the regulated property after the form is completed. 27 Print the ten -digit telephone number of the person selling /pawning the regulated property. Except for #34 through #37, the Declaration of Ownership on the backside of the SDR is to be completed by the seller. It is not required for pawned items. Ask the seller to print carefully. Do not accept the form if the entries are illegible. 28 Seller to check the appropriate box. 29 Seller prints the date he /she obtained the property. If unknown the seller will print their best estimate. 30 Seller prints the person from whom, or the store where, they received the regulated property. 31 Seller prints the location of the store or where they received the regulated property. 32 Seller signs and dates the Declaration of Ownership. 33 If the seller is a minor, the parent or guardian of the minor seller signs and dates the form. 34 The person who prepared the SDR and witnessed the seller's entries, signs in this space. This must be the same person processing the loan or purchase. 2/0707 Page 7 of 9 ADMINISTRATIVE POLICIES AND PROCEDURES 35 With the assistance of the person who prepared the SDR, the right thumbprint of the seller is placed on the form. This is not required on loans or for dealers that are exempt. 36 If available the buyer may enter the seller's vehicle description — make, model, year, style, color. 37 If available the buyer may enter the seller's vehicle license number. William M. Dickinson Date Adopted Chief of Police Tigard Police Department 2/0707 Page 8 of 9 ADMINISTRATIVE POLICIES AND PROCEDURES NAME LAST FIRST MIDDLE BUSINESS NAME AND NUMBER 1 2 SEX RACE HOT WGT I-L IR DOB DATE TIME TICKET NUMBER CLERK 3 4 5 6 7 8 9 10 169©0 11 ADDRESS (RESIDENCE) CITY STATE CONS AMOUNT (TOTALI 12 13 14 LOAN 15 16 BUY $ IDENTIFICATION PI STATE IDENTIFICATION 42 STATE 17 18' 19 20 GUN CALIBER CODE ITEM DESCRIPTION SERIAL F OWNER APPLIED A TYPE 21 22 23 24 25 • SIGNATURE Phone STATE LICENSE PAWN DEALERS REPORT 26 27 SECOND HAND PERMIT DEALERS REPORT TIGARD POLICE WARNING: USE OF A FALSE NAME OR IDENTIFICATION TO 13125 SW HALL BLVD PLEDGE, PAWN, OR SELL STOLEN PROPERTY TIGARD. OR. 97223 CONSTITUTES A FELONY AND VIOLATORS WILL BE (503) 839.6166 TIG 2/1/96 PROSECUTED. Declaration of Proof of Ownership I hereby certify 1 am the owner of the property described and listed on the reverse side. Purchased This property was 28 J R eceived as :1 gift On 29 Other (explain) (pale) 30 From 31 Where I certify that all information in this report is complete and accurate and that I am competent to sign this form. 32 33 Customer Signature/ Date Parent or Guardian / Date 34 35 witness (Clerk) . 36. 37 Vehicle License Platy Tbumb Print 2/0707 Page 9 of 9 I Agenda Item # S Meeting Date May 19, 2009 COUNCIL AGENDA ITEM SUMMARY City Of Tigard, Oregon Issue /Agenda Title Workshop for Comprehensive Plan Amendment (CPA) 2008 - 00011: Tigard Transportation System Plan and Comprehensive Plan Amendments to Incorporate Tigard 99W Improvement and Management Plan Recommendations CG #1 Prepared By: Darren Wyss Dept Head Approval: � .„20 - . � City Mgr Approval: 4 ISSUE BEFORE THE COUNCIL Review and discuss with staff the proposed Comprehensive Plan Amendment recommended by the Planning Commission at their April 6, 2009 public hearing (CPA2008- 00011). STAFF RECOMMENDATION Council is requested to become familiar with the Commission's recommendation to adopt CPA2008- 00011, and identify any additional material or information needed to assist in making its decision at a public hearing scheduled for June 23, 2009. KEY FACTS AND INFORMATION SUMMARY Traffic congestion consistently ranks as the number one issue with Tigard citizens in community surveys. Specifically, congestion on Highway 99W is identified as a major problem. To address the issue, the Tigard City Council established a goal in 2005 to improve the Highway 99W corridor, and continued that goal into 2006. To develop solutions to the traffic congestion on the highway, the City applied for and received a Transportation and Growth Management (TGM) grant to develop the Tigard 991F Improvement and Management Plan Tigard 99V/ Plan). Through a planning and public involvement process conducted with ODOT, TriMet, Metro, Washington County, and other regional partners, the project developed concept -level recommendations for transportation improvements and recommended additional interventions to meet future needs in the corridor. The primary focus of the Tigard 991W Plan is identifying projects aimed at alleviating traffic congestion and improving traffic circulation within the highway corridor from Durham Road to Interstate 5. Three alternatives were evaluated to assess the impact each would have on the transportation deficiencies in the corridor. Alternative A evaluated widening Highway 99W to seven lanes from Greenburg Rd. to Interstate 5 and Alternative C evaluated widening to seven lanes for the entire length through Tigard. Both were rejected for cost, right -of -way impacts, urban design, and quality of life concerns. The preferred alternative (Alternative B) was an access management strategy. Alternative B proposes all transportation modes be enhanced through a series of projects over the long term, including medians, access management, intersection improvements, bike, pedestrian, and transit improvements, and other off - highway improvements. 1 The development of the Tigard 99W/ Plan included both public involvement and interagency coordination. A project specific Tigard Citizen Advisory Committee (CAC) and Technical Advisory Committee (TAC) were appointed to review and comment on the plan as it developed. In addition, three open houses and citizen stakeholder interviews were held. Both the CAC and TAC recommended that Alternative B be the preferred option. The CAC also submitted certain policy- related recommendations pertaining to the future improvement and management of Highway 99W. The proposed amendments to the Tigard Transportation System Plan (TSP) originate from the recommendations found in Appendix C of the Tigard 99W Plan and are intended to implement Alternative B. The CAC, TAC, and ODOT staff all recommended the City implement the suggested modifications found in Appendix C of the Tigard 99W Plan. The proposed amendments to the Tigard Comprehensive .Plan include incorporating the CAC policy- related recommendations and rewording Goal 12.2, Policy 6.A to be consistent with the TSP (see Attachment 1). The Tigard City Council held a work session on the Tigard 99W Plan on November 20, 2007. Council discussed the recommendations and directed staff to prepare the Tigard TSP and Comprehensive Plan amendments necessary to implement the Tigard 99W/Plan and bring them before the Tigard Planning Commission. The Planning Commission held a workshop on this amendment on March 2, 2009 and a public hearing on April 6, 2009. Some minor language changes were made for clarification purposes at the workshop (see Attachment 2). Staff also recommended some additional changes at the public hearing based on comments submitted by ODOT and the City of Beaverton (see Attachment 2). The Commission agreed with the additional suggested changes, but asked for the word "function" (based on ODOT comments) to be defined. Staff has researched engineering literature and recommends the following definition: Function: An action or a task that a system is designed to perform. The Tigard Transportation System Plan does not contain a glossary, but the definition will be included as part of the Staff Report that is adopted as findings for CPA2008- 00011. The Commission voted unanimously to recommend adoption of CPA2008 -00011 to City Council. Proposal Description The City is requesting approval of a Comprehensive Plan Amendment to: 1. Update the Tigard Transportation System Plan to include recommended changes found in Appendix C of the Tigard 99W Improvement and Management Plan 2. Incorporate the Tigard 99W Improvement and Management .Plan by reference into the Tigard Transportation System Plan to serve as findings; 3. Update the recommended action measures for Tigard Comprehensive Plan Goal 12: Transportation to include language recommended by the Tigard 99W Plan Citizen Advisory Committee; and 4. Amend the Tigard Comprehensive Plan Policy 6.A (under Goal 12.2) to reflect recommended 5 lanes for Highway 99W. OTHER ALTERNATIVES CONSIDERED N/A 2 CITY COUNCIL GOALS Goal 1: Implement the Comprehensive Plan. ATTACHMENT LIST Attachment 1: Proposed Language for CPA2008 -00011 Attachment 2: Memo to Planning Commission — March 30, 2009 Attachment 3: Planning Commission Meeting Minutes (workshop) — March 2, 2009 Attachment 4: Planning Commission Meeting Minutes (public hearing) — April 6, 2009 FISCAL NOTES N/A 3 Attachment 1 CPA2008 -00011 Proposed Amendments Part 1: Update the Tigard Transportation System Plan to include recommended changes found in the Tigard 99W Improvement and Management Plan; The proposed changes are specific strikethrough and figure changes to the Tigard Transportation System Plan and are found in Appendix C of the Tigard 99W Improvement and Management Plan. The proposed amendments reflect improvements associated with Alternative B in the Tigard 99W Plan. Many of the changes are in tables or reference illustration changes and are listed below. There are 27 proposed modifications (beginning on page 5 of this Exhibit, each amendment can be found as a separate page). In summary they are: • Proposed Amendment 1 updates the Pedestrian Action Plan List along ORE 99W to include a sidewalk project scope and cost. • Proposed Amendment 2 updates the Bicycle Master Plan description of bicycle lanes south of Gaarde /McDonald to Durham Road to note that these facilities are existing, not planned. • Proposed Amendment 3 updates the Bicycle Action Plan Improvement List and Cost. • Proposed Amendment 4, 5, 13, 17, 18, 19 and 26 advises that both the TSP and RTP should be amended to retain four /five -lanes rather than the current designation to widen ORE 99W to 7 lanes. • Proposed A.mendtnent 6 and 20 add intersection improvements to Durham Road and SW Canterbury Lane. • Proposed Amendment 7 updates potential pedestrian projects along ORE 99W to increase project scope. • Proposed Amendments 8 and 9 add pedestrian activated signalized crossings. • Proposed Amendment 11 updates a Park and Ride. location. • Proposed Amendment 10 updates plan to include existing bike lanes just north of SW Greenburg Road. • Proposed Amendment 12 updates potential. transit projects to implement transit queue bypass lanes along ORE 99W at several locations. • Proposed amendments 14, 15 and 16 identify access management measures for highway • 99W. • Proposed A.nnendrnent 21 updates the table to include specific projects and add project intersections. • Proposed Amendment 22, 23 and 24 updates the Pedestrian Action Plan project list funding and implementation ranking. • Proposed Amendment 25 updates the Bicycle Action Plan funding and implementation ranking. • Proposed Amendment 27 updates the City of Tigard Future Intersection Improvements table to include specific projects and add projects at the several intersections. Part 2: Incorporate the Tigard 99W Improvement and Management Plan by reference into the Tigard Transportation System Plan to serve as findings. The Transportation Planning Rule, OAR 660 Division 12, requires local jurisdictions to prepare and adopt local transportation system plans that serve as the transportation element for their CPA2008 -00011 PAGE I OF 31 comprehensive plans (OAR 660 - 012 - 0015(4)). Since the City of Tigard proposes to amend the Tigard Transportation System Plan (TSP) based on recommendations found in the Tigard 99W Improvement and Management Plan, the background information needs to be adopted by reference as findings to amend the TSP. No specific text changes are needed. Part 3: Update the recommended action measures for Tigard Comprehensive Plan Goal 12: Transportation to include language recotncnended by the Tigard 99W Plan Citizen Advisory Committee. The City proposes to amend the Tigard Comprehensive Plan based on recommended policy- related language developed by the project's citizen advisory committee. The following 10 statements will be added to the recommended action measures found under Section 1 of the Transportation chapter. The numbering will start as indicated: 24. Prior to implementation of projects associated with the Highway 99W Corridor Plan, especially those requiring additional right -of -way or affecting property access, there shall be established protocols whereby affected property owners or businesses are made aware of pending improvements. Those that might be affected shall be informed and asked to be involved in the project development process as early as possible. 25. The City of Tigard shall state a position that alignment of the proposed I-5 / Hwy 99W Connector be established as one which reduces through traffic and freight movement on Highway 99W to the greatest extent possible; and that the City shall support this position and otherwise participate in the project as an active member of the 1-5 / 99W Connector Steering Committee. 26. As part of the transportation management, planning and design process, the livability benefits of future Highway 99W improvements shall be publicly discussed and evaluated. 27. The City shall adopt Alternative B as contained in the Tigard 99W Plan as part of its Transportation System Plan and prioritize its recommendations. Subsequently, the City shall, in conjunction with other agencies, jurisdictions, and stakeholders, develop action plans to implement the alternative's specific project recommendations. Action plans to implement Alternative B shall include design and engineering strategies, funding measures, and stakeholder and citizen engagement. Reasonable time frames shall be associated with the action plans. 28. Other transportation and land development projects within the vicinity of Highway 99W shall be evaluated to determine potential negative or positive impacts on the facility. Negative impacts shall be avoided or mitigated. Furthermore, it is important that solutions to Highway 99W problems be evaluated to assess impacts on other streets, and that negative impacts in these circumstances are avoided or mitigated and positive impacts promoted 29. • A land use planning effort shall be a priority for future City / state efforts to recreate the Highway 99W corridor. In particular, coordinated land use and transportation planning is essential to promote transit as a viable transportation option. CPA2008 -00011 PAGE 2 OF 31 30. The City should be imaginative and "think outside the box" with the purpose of creating a safe, attractive, transit oriented, and vibrant urban corridor along Highway 99W. When there are obvious benefits to specific physical improvements, the City should request design exceptions from ODOT. 31. In the near term, the City and ODOT shall develop an Access Management Plan for Highway 99W. Each property identified as needing access management treatment shall be treated as unique. A one -size fits all approach should not be used. The economic vitality of businesses is important. 32. Implementing improved transit service should be an ongoing priority with the long- term objective of light rail service along the Highway 99W corridor. Iflight rail is not possible within the reasonable future, then improved bus service /rubber tired vehicles shall serve as an alternative until it is. 33. Highway 99WAction Plans shall seek to enhance the economic vitality of the corridor through transportation, aesthetic land use, and other improvements. In addition, resources shall be used to coordinate business development and retention activities, and aid in communication among the business community and city government. Part 4: Amend the Tigard Comprehensive Plan Policy 6.A of Goal 12.2 to reflect recommended five lanes for Highway 99W. The Tigard 99W Management and Improvement Plan recommends the Tigard TSP is amended to retain four /five lanes rather than the current TSP designation to widen Highway 99W to seven lanes. To maintain consistency with the proposed TSP amendments, the City proposes to amend Tigard Comprehensive Plan Policy 6.A under Goal 12.2. Staff feels the language change is necessary to provide the flexibility for construction of auxiliary lanes for additional intersection capacity, turn lanes, or access management. Furthermore, although the committees recommended a five -lane maximum, staff recommends that some seven lane intersection configurations may be needed for function, ingress /egress spacing, and access management. This would effectively generate four thru-lanes and up to two temporary /short duration /turn lanes for access management. Goal 12.2 Trafficways Policy 6. The City shall adopt the following transportation improvement strategy in order to accommodate planned land uses in the Tigard Triangle: A. Highway 99W should : - ... - - - , . • . - . - - - __-_-_ ny retain a Slane section throughout the study area, except where necessary to accommodate adjacent development impacts, spot capacity improvements, and intersection improvements. (tool box). This improvement should be constructed in thc short term. In thc event that intersections is prohibitive duc to physical constraints, the Dartmouth CPA200 &0001 PAGE 3 OF 31 extension could potentially provide needed northeast to southwest travel deffiafith The 27 proposed amendments from Part 1 are found individually beginning on the following page. CPA300a -000 PAGE 4 OF 31 Proposed Amendment 1: TSP Chapter 1: Summary Committee Recommendation: Page 1 -15: Pedestrian Action Plan List — Update ORE 99W sidewalk project from "McDonald to South City Limits" to "Interstate 5 to South City Limits ". Update cost from $500 to $800,000. Rank* Project From To Cost H North Dakota Street 121 Avenue Greenburg Road $230,000 H McDonald Street ORE 99W Hall Boulevard $200,000 H Tiedeman Avenue Walnut Street Greenburg Road $350,000 H Oak Street (RTP 6019) Hall Boulevard 80 Avenue $500,000 H ORE 99W McDonald Strcet South City Limits $500 Interstate 5 $800,000 M Bull Mountain Road ORE 99W Beef Bend Road $1,200,000 M Roshak Road Bull Mountain Road Scholls Ferry Road $300,000 M 121 Avenue Gaarde Street North Dakota Street $450,000 M Hunziker Street Hall Boulevard 72 Avenue $250,000 M Washington Square Pedestrian Improvements (RTP 6022) $6,000,000 Regional Center L Taylor's Ferry Rd Washington Drive 62 Avenue $1,000,000 L Washington Drive Hall Boulevard Taylor's Ferry Road $200,000 Subtotal $4- 1 $12,100,000 Sidewalks to be built with Street Improvements H Bonita Road West of 72 Avenue 72 Avenue $50,000 H Walnut Street 135`" Avenue Tiedeman Avenue $570,000 H Gaarde Street Walnut Street ORE 99W $620,000 H Hall Boulevard Scholls Ferry Road Pfaffle Street $1,000,000 H Dartmouth Street 72nd 68th Avenue $120,000 H Tigard Street 115th Street Main Street $350,000 H Burnham Street Main Street Hall Boulevard $100,000 H Fonner Street walnut Street 121st Avenue $250,000 H Commercial Street Main Street Lincoln Street $50,000 M 72 Avenue ORE 99W Bonita Road $1,200,000 M Hall Boulevard North of Hunziker South City Limits $670,000 Street M Beef Bend Road ORE 99W Scholls Ferry Road $1,000,000 M Barrows Road Scholls Ferry Road Scholls Ferry Road (E) $950,000 (W) L 72 Avenue Carman /Upper Durham Road $250,000 BoonesFry. Subtotal $7,180,000 Annual Sidewalk Program at $50,000 per year for 20 years $1,000,000 Action Plan Total $49-,360,000 $19,660,000 CPA2008 -0001 1 PAGE 5 OF 31 Proposed Amendment 2: TSP Chapter 1: Summary Committee Recommendation: Page 1 -15: Bicycle Master Plan. Update the description of bicycle lanes south of Gaarde /McDonald to Durham Road to note that these facilities are existing, not planned. 01<5 Associates / ' A 1• _ 4 ' - 1 =- I 1 CITYCIF TIGAeO • "r ` - L ..` •.r Ciaecca • . � } I i.,.0: I -` • Transportation , Y ; 1 J Systems Plan Z . , J G _'- i 1 -. P � i • - - .1 •-�•r_ F �•, 7 El l s ` :, -�'!4 • I - I I - .9 '' 1 _ ' .'1 ' r' '? 1 `• _ rI - '' I T'1••.• •. ` ; I . } • I ' , ,I 1 .- :' • ` I ' A a 4 ° _ �� '' �' •. �••+ Sri - .r� >•.• . _ 1 , •, " ?;:' J.:-..d1,. 1 / . - . . :.;,./a* ., -`t, I ,.�.. • r. , r i " I . 1 ..'"7.--'1- �: _ ':—.1.. — .. ..-d 7 '• _; 1 l CIE ,_ : \ �- I 1 1 ' . w� a , r _ . ' „• 1 � ' :' • 1 -` l _ Ik e -'. - ry a i — a : f. {:ti, ','.."1.• - - • I • t ''.. .)•''..5'.'.. .� t/ 1 LL_ ' I 1 I _ - I 1- 1 -. . I (...,-,..;...c..-.- CI' l�� 1 Proposed 4 'l l - '':•r 1 f , ' ' I Amendment Figure 6-2 j •g T r' BICYCLE No ASTER PLAN ' � _ ' 1 al ' "d �� S; � � S ; .+ , I .1 :. L . ."* --1' . I I � �* i 1• . ' . • , P. + IFiuirlrwvik!ylivnl CP A2008-0001 1 PAGE 6 OF 31 Proposed Amendment 3: TSP Chapter 1: Summary Committee Recommendation: Page 1 -18: Bicycle Action Plan Improvement List and Cost. Update ORE 99W bike lane improvement cost from $1,300,000 to $275,000. Bicycle Action Plan Improvement List and Cost RANK* Project From To Cost H Hunziker Street Hall Boulevard 72n Avenue $250,000 H Bonita Road 72 Avenue West of 72n Ave. $50,000 H Burnham Street Main Street Hall Boulevard $135,000 H Oak Street (RTP 6019) Hall Boulevard 90 Avenue $300,000 H 98 Avenue Murdock Stret Durham Road $275,000 H 92n Avenue Durham Road Cook Park $270,000 H Tiedeman Avenue Greenburg Road Walnut Street $250,000 M 121 Avenue Walnut Street Gaarde Street $400,000 L Taylor's Ferry Road Washington Drive City Limits $500,000 L Washington Drive Hall Boulevard Taylor's Ferry Rd $100,000 L O'Mara Street McDonald Street Hall Boulevard $275,000 L Frewing Street ORE 99W O'Mara Street $150,000 Subtotal $2,955,000 H Gaarde Street Walnut Street ORE 99W $600,000 H Hall Boulevard Scholls Ferry Road Locust Street $500,000 H Greenburg Road Hall Boulevard _ Cascade Avenue $300,000 H ORE 99W East City Limits South City Limits $1,300,000 $275,000 M 72n Avenue ORE 99W South City Limits $960,000 M Hall Boulevard Pfaffle Street Bonita Road $550,000 M Carman Drive I -5 Durham Road $200,000 M Walnut Street ORE 99W Barrows Road $1,400,000 M Barrows Road Scholls Ferry Road (W) Scholls Ferry Rd. (E) $900,000 L Bull Mountain Road 150 Avenue Beef Bend Road $550,000 L Beef Bend Road ORE 99W Scholls FerryRd. $1,600,000 Subtotal $8,860,000 $7,835,000 Multi- Use Pathways H Hunziker Link to LO Linka:e to Kruse Wa Trail in Lake Oswe•o $500,000 M Fanno Creek Trail Tualatin River to Cit Hall, ORE 99W to Ti.ard $3,600,000 M Tualatin River Trail Adjacent to Cook Park from Powerlines to Fanno $2,600,000 M Tualatin River Crossing Near 108` Avenue $3,000,000 L Powerlines Corridor From Beaverton to Tualatin River Trail $2,500,000 Subtotal $12,200,000 Action Plan Total $ 24 -5 415- 4 400 $22,990,000 CP/12008 -0001 1 PAGE 7 OF 31 Proposed Amendment 4: TSP Chapter 1: Summary Committee Recommendation: Page 1 -25: Future Streets: Where ROW is Planned for More Than Two Lanes. Update figure to change Hwy 99W from 7 lane (red line) between Interstate 5 to Greenburg Road to 5 lane (yellow). D S Assf &retes CITY co 'MAW I I - :' Transportation `1 stems Plan Proposed _ ' _ Y p i .k:. i h_ 1 • Amendment f ,.•; L� •'J } _Ll i : (, �� i 1 4 1 ,� ✓�✓ — .,�t :1'.'.-- t m in • �' 1 r � t ' ••• J •. :•. - �. •' i 1 �'�;:'`, _ ",,,,,L., . {^, i . ,� (' - ° � - i 1.2:1-- m as.1. �. i i e e r,.a �� .. -, e� :� r: .,. ,tis.l y.r r w j' 1 1 1 .}.- j ' _ ......1„,.: a. i. ,s. � 1 5., (,, I r.:,... — r'� i� 1� � 1l• ` ' •1 v. r �iai ra a,t N�h "n� , � _ 1 - y' , s .,.,....e.,t -•1 i — 1 - ° '.. rt l., [ ( r S a^ a - s Figuri-f1-1 '1 z ( - FuFLEr49 9.tr iRtc WFi rF • i I . . ' . \ - - ' r . , 1 ' 1' , _ w IS Plumed for * ** Highway 99W may include auxiliary lanes for additional intersection capacity, function, turn lanes, or access management at key locations, such as major intersections, where traffic flow and /or capacity would otherwise be constrained. For locations within 600 feet of any signalized intersection or freeway interchange, staff will determine, based on accepted engineering practices, the cross- section and auxiliary lanes that will be necessary to serve that intersection. CPA2008 -00011 PAGE 8 OF 31 Proposed Amendment 5: TSP Chapter 1: Summary Committee Recommendation: Page 1 -30: Street Improvement Plan (Figure). Update figure to remove 7 lane improvement along Hwy 99W from Interstate 5 to SW Greenburg Road. 1 D Associates 1 $$��wtdea re7 aoeebew <n 1 \L�\..' 15 7 ..... ... ....... n ',... _., .A :.1, <N( TO 1 CITY OF TIGARD o>cme tl Ana. Proposed , :FERw. Y__ ._ . Transportation Amendment Systems Plan a s r (, I p \ _r__I Legend e R ` I ' ( � . �� .._._� 0 w ( j o " - -- � s-- _ i Q5 • Norte/ of Lanes K 1 ,, x _ ....i �__� _ .F eeHayw ' (21 _ - ' \ - Roadwa i, 4 rvra.: na ,s r ,_ '� - j \ PrapnsEd Roadway <IOt' © < r -- ne co // c F�LWC P sr aru als 00, ProDOSedOvercrossing �'' p er' v I - -, ? .�. © d1 .) - Interchange lnprovement g ,- - 1 ' \.s j �� -, O . 4 i � _�.... — ® - Acts Omni ,„P 1 �� y, i Cr , ©. Added Person Cam* - i st . i $®• Prase. Rig[4 4Way tot 7 Lanes BOO., w' ----> 9 / �� �• � L �Tt' © .... Co dch Aliyrurtaty Study Area FF 1 1— 5' - 1 N' I O• J 0 3 �' -• © r J DONhtO 97 '' R D _ 1 ,, DO NN ra a 0 � i ` A w D / "suuti a n t z+ • r,9 I 0 U Il j illl ' • I< To N r .. Rive,' oz i `i ' 0 O � Figure 8-19 STREET v° n 151oORE99W � 1 Connector 3 0 wm•amam,e 55217 IMPROVEMENT PLAN a 1 5e 5 4 ao es a iso5. Wi 4so V alen �o,nn co wd :oov♦e. j *Highway 99W may include auxiliary lanes for additional intersection capacity, function, turn lanes, or access management at key locations, such as major intersections, where traffic flow and /or capacity would otherwise be constrained. For locations within 600 feet of any signalized intersection or freeway interchange, staff will determine, based on accepted engineering practices, the cross - section and auxiliary lanes that will be necessary to serve that intersection. CPA2008 -0001 1 PAGE 9 OF 31 Proposed Amendment 6: TSP Chapter 1: Summary Committee Recommendation: Page 1 -31: Intersection Improvement Locations. Update Figure 8 -20 to include intersection improvements at: • [ #37] ORE 99W /SW Durham Road • [ #38] ORE 99W /SW Canterbury Lane / AS& CITY CI TIM= cave ' . Transportation r' _ t ' ` �' – Systems Plan Y ti� ` ui E -.- $p �...�.:..,«.. p�^ Ip,J ff , - �.th,f._i: -��_. 4;r ✓. =v�,�.ai#a. x-. . .. 11 . 71 �'t w,At • .�� I.fi- _ ivr _ P : — °; I VI: \ I .. _u.__. 01:j 1 I Proposed' - c Amendment f + ` 2 tl I Proposed � Amendment , ` a,��' gyp ;C 8 y ; ,4 ur HIER'37Jv IIM IMPROVEMENT LOCATIONS CPA2008 -0001 1 PAGE 10 00 31 Proposed Amendment 7: TSP Chapter 5: Pedestrians Committee Recommendation: Page 5 -9: Table 5 -2 Potential Pedestrian Projects. Update ORE 99W project from "McDonald Street to South City Limits" to "Interstate 5 to South City Limits ". Table 5 -2 Potential Pedestrian Projects Rank* Project From To Action Plan Projects H Taylor's Ferry Rd Washington Drive 62 Avenue H Washington Drive Hall Boulevard Taylor's Ferry Road H Hall Boulevard Scholls Ferry Road Pfaffle Street H Dartmouth Street 72nd 68th Avenue H 72 Avenue ORE 99W Bonita Road H 72 " Avenue Carman /Upper Boones Ferry Durham Road H Hunziker Street Hall Boulevard 72 Avenue H Hall Boulevard North of Hunziker Street South City Limits H Bonita Road West of 72 " Avenue 72 Avenue H McDonald Street ORE 99W Hall Boulevard H ORE 99W McDonald Street Interstate 5 South City Limits H Beef Bend Road ORE 99W Scholls Ferry Road H Bull Mountain Road ORE 99W Beef Bend Road H Roshak Road Bull Mountain Road Scholls Ferry Road H Barrows Road Scholls Ferry Road (West) Scholls Ferry Road (East) H Walnut Street 135 Avenue Tiedeman Avenue H Gaarde Street Walnut Street ORE 99W H 121 Avenue Gaarde Street North Dakota Street H North Dakota Street 121 Avenue Greenburg Road H Tiedeman Avenue Walnut Street Greenburg Road H Tigard Street 115 Avenue Main Street H Burnham Street Main Street Hall Boulevard H Fonner Street Walnut Street 121 Avenue H Commercial Street Main Street Lincoln Street H Oak Street (RTP Hall Boulevard 80 Avenue 6019) CPA2008 -00011 PAGE 11 OF 31 Proposed Amendments 8 and 9: TSP Chapter 5: Pedestrians Committee Recommendation: • Page 5 -11: Table 5 -2 Potential Pedestrian Projects. Add pedestrian activated signalized crossing on Highway 99W at SW Watkins Avenue to project list with "Medium" ranking. AND • Page 5 -11: Table 5 -2 Potential Pedestrian Projects. Add pedestrian activated signalized crossing on Highway 99W at SW Watkins Avenue to project list with "Medium" ranking. Table 5 -2 Potential Pedestrian Projects Rank* Project From To Other Potential Projects M Mistletoe Drive Hillshire Drive Benchview Terrace M Benchview Terrace White Cedar Place Bull Mountain Road M 132 " Avenue Walnut Street Benchview Terrace M Menlor Lane Barrows Road Sunrise Lane M Sunrise Lane Menlor Lane 150"' Avenue M 150 Avenue Sunrise Lane Bull Mountain Road M Washington Square Pedestrian Improvements Regional Center (RTP 6022) M Tiedeman Avenue Walnut Street Existing Sidewalk to North M Watkins Avenue Park Street Walnut Street M Off - Street Multi -Use Tualatin River Crossing at approximately 108`" Avenue Path M Off - Street Multi -Use I -5 /ORE 217 Kruse Way Bridge linkage to 72 Avenue south of Path ORE 217 M Off- Street Multi -Use Powerline Corridor/Tualatin River /Fanno Creek /Greenway Park Path Loop M Pedestrian Highway 99W at SW 71st Avenue Activated Signalized-Crossing Enhancements* M Pedestrian Highway 99W at SW Watkins Avenue Activated Signalized- Crossing Enhancements* *Requires approval from State Traffic Engineer CPA2008 -0001 1 PAGE 12 OF 31 Proposed Amendment 10: TSP Chapter 6: Bicycles Committee Recommendation: Page 6 -8: Figure 6 -1 Bicycle Plan Alternative. Update figure to include existing bike lanes just north of SW Greenburg Road. DKS Associates C / ilk m cut CITY OF TIGARD #'� .._ •� «,: Transportation • l i + . � �, ��+ Systems Plan : Ref.1465u Lama* , .` r , i . �. .�> yi v .,. std vaa aro **g lun . ya�nu 6lvl damn „Aim _ i A . t. 1 � -i.. , - � \ ,, . „ a, 1 1 -_ t . - - -_ 1 r ': ____.� °.., t : — ! 0,,W '.,...,.. -_ -. ,, 0 . � / / � � "1 Figure &1 fi BICYCLE PLAN ALTERNATIVE (AR ARerials/CoI ctors Option) CPA2008 -0001 I PAGE 13 OF 31 Proposed Amendment 11: TSP Chapter 7: Transit Committee Recommendation: Page 7 -1: Paragraph 4, Line 3 Update text to "... park and ride at ORE 99W172nd Avenue 74th Avenue)." Chapter 7 Transit .' CITY OF TIGARD OREGON This chapter summarizes existing and future transit needs in the City of Tigard. The following sections outline the criteria to be used to evaluate needs, provides a number of strategies for implementing a transit plan and recommends a transit plan for the City of Tigard. The needs, criteria and strategies were identified in working with the City's TSP Task Force. This committee provided input regarding the transportation system in Tigard, specifically exploring transit needs. The methodology used to develop the transit plan combined citizen and staff input. NEEDS There are currently 12 fixed bus routes which provide service within the City of Tigard. These bus routes are summarized in Chapter 3 (Existing Conditions). There are four express routes providing service to Tigard residents (12E, 64X, 92X and 95X). Existing transit headways on bus routes in Tigard range from 10 -15 minutes on Routes 12 and 92X to about 30 minutes on Routes 76 and 78 during peak commute periods. Metro's Draft Regional Transportation Plan (RTP) identifies the following routes on its Public Transportation System Map (Figure 7 -1) • ORE 217 HCT Corridor • Greenburg /Hall /Durham HCT Corridor • ORE 99W (East of ORE 217) HCT Corridor • Hall Boulevard (North of ORE 217) Frequent Bus • Hunziker Street Frequent Bus • ORE 99W (West of ORE 217) Primary Bus • Scholls Ferry Road (East of Murray) Primary Bus • 121s Street Primary Bus • 68 Parkway /Hampton Street Primary Bus • 72n Avenue (South of Hampton) Primary Bus Based upon these designations, the City of Tigard designates all bus stops on HCT Corridors and Frequent Bus routes as Major Transit Stops. In addition, all park and ride sites and transit stations are designated major transit stops (Downtown Tigard, Washington Square, park and ride at ORE 99W /7r Avcnuc74th Avenue). While Tri -Met bus ridership in Tigard increased by 35% from 1990 to 1994 and another 15% from 1994 to 1999 (comparing 12 routes), transit ridership represents 6 percent of Tigard PM peak hour trip making. 1 Public Transportation System Map, Metro, Version 4.0, December 1, 1997. CPA2008 -0001 1 PAGE 14 OF 31 Proposed Amendment 12: TSP Chapter 7: Transit Committee Recommendation: Page 7 -9: Table 7 -2 Potential Transit Projects. Update table with following potential transit project(s). Table 7 -2 Potential Transit Projects Rank Project Description 1 Provide Commuter Rail As part of the Beaverton to Wilsonville Commuter Station in Tigard Rail system provide a park and ride station in downtown Tigard. Support regional study of western extensions of commuter rail service (or comparable options). 2 Provide Transit Amenities at Provide shelters, information kiosks, etc key transit Major Transit Stops routes in Tigard with land use development. Focus on development of "SMART" bus stops. 3 Improve Pedestrian Construct sidewalks, crosswalks, etc. adjacent to Connections to Transit transit routes and facilities (i.e. park- and -ride lots, Facilities bus stops, etc.). Within 1 /4 mile of bus stops, focus on enhancing pedestrian access. Enhance Regional Center and Town Center pedestrian access to transit. 4 Decrease Headways Provide more frequent transit service during peak commute periods. 5 Establish Additional Transit Provide service along Durham Road and in the Routes western part of the City (i.e. Durham Road, Barrows Road, Murray/Walnut/Gaarde) . Time additional transit service to coordinate with major road extensions or street improvements. 6 Add a new Transit Center at Provide a new transit center with the development of the Murray / Scholls Town the Murray /Scholls Town Center. The Downtown Center Town Center and Washington Square Regional Center are the existing Transit Center locations. 7 Enhance transit Implement transit queue bypass lanes along ORE reliability along 99W at the following locations: regional facilities • SW Gaarde/SW McDonald Street • SW Walnut Street • SW Hall Boulevard (northbound) • SW Dartmouth Avenue (northbound) • SW 68th Avenue Work with TriMet to relocate transit stops along ORE 99W (where appropriate) to allow for far side stop operations at signalized intersections to reduce potential delay to transit operations. cPA2008 -0001 I PAGE 15 OF 31 Proposed Amendment 13: TSP Chapter 8: Motor Vehicles Committee Recommendation: Page 8 -21: Figure 8 -1 1 Future Streets. Where ROW is Planned for More Than Two Lanes. Updated figure to change Hwy 99W from 7 lane (red line) between Interstate 5 to Greenburg Road to 5 lane (yellow line). DKS Associates A, — ,z-fl--u II J r a�`-7^ T 1 CITY OF TIGARD wry rca� I ... moor' ` Proposed : ' Transportation -I s Amendment [ Systems Plan �r . .... `L Legend i.,i, r;Lt., � y •� r�f ,, I:1;f 7, , 1, ►e .., . ��` ' i� o it { t °>u, , to , ,fI a Ar f _ter , .› $ ..,.1.-n- . i 1 ,,/ z, Wma qtr .,„4,..: r ' - t a i f E 0- . 1�,. , 1 . r .y i „ , - _1 i I, , ....: P1..�. Area )h ' iy � ^� " . �l� -nxswagr: m.n zr «mow s i F k'(F f — w —! ` �'' _� °xms.m rxoAr z,aia,conrsw 1=• I ,, It t . . z 1, -- ,Axaanx AU m. U.mr , � �. _Y „. � a — aN CNnF26'1:.J+K'u �rc a t4.85 �f -T f I ' :[ r 7” !a -.'{' ( al. t- ♦ eem,ra W,. e:ssn wr» n i - ., rr i e , I Ll- '3 iw+1srrur,3,meyce-, -t .,r +- .� ( 4f- � (? l ( ` i � +� wwmun,�.mmr;�'cm»va�mirz .gym r 1 , ^ -, ( - •— 1-+". r6 __ ,- av^'S�Nas --U— Nn 1 _r t _ ,,,ro -1S � —, ; q-:,_ l- Fi ure 8-11 a _ �. L t r, + ( J Future Streets Where r ROW is Planned for �' . � � ,- _ -- ` s .qt ,, A l More Than Two Lanes * ** Highway 99W may include auxiliary lanes for additional intersection capacity, function, turn lanes, or access management at key locations, such as major intersections, where traffic flow and /or capacity would otherwise be constrained. For locations within 600 feet of any signalized intersection or freeway interchange, staff will determine, based on accepted engineering practices, the cross - section and auxiliary lanes that will be necessary to serve that intersection. CPA2008 -00011 PAGE 16 OF 31 Proposed Amendment 14: TSP Chapter 8: Motor Vehicles Committee Recommendation: Page 8 -34 and 8 -35: Last Paragraph. Update text to "...The TSP recommends: 1) midcning ORE 9911"i0 sewn lanes between 15 and Cr ccnhifi g Road; 2) retaining the fide lane iros., section 012 roadway southwest of Crcenbursg Road; 3) extensive intersection improvements — turning lanes; 42) aggressive access management, inclnding the development of an access management plan for the corririor,_33) improvements to ORE 217 and 1 -5 noted above; 6) off - system improvements such as freeway improvements and arterials such as Walnut extension; and 7751 consideration of a western /Yamhill County commuter rail corridor." 4. ORE 99W fails in the future without improvement. Of all the regional transportation issues in Tigard, ORE 99W is probably the closest to a "rubik's cube ". Tigard depends heavily on ORE 99W as its primary arterial. There are no parallel routes to ORE 99W and its diagonal alignment and the physical features of Tigard make using ORE 99W essential for also any trip in Tigard. ORE 99W's statewide status and linkage to Yamhill County and the Oregon Coast have similar issues — the only route servicing northeast- southwest travel. The future demand for this corridor is well beyond its five lane capacity without system -wide improvements. Ten various alternatives to improving ORE 99W were investigated, ranging from the no improvement to radical capacity improvements. Table 8 -5 summarizes the wide range of alternatives. Unfortunately, no one improvement results in desirable (better than level of service F) operation. The most significant finding was that no matter whether ORE 99W was widened southwest of Greenburg Road, the end result was failure. Added capacity on ORE 99W (tested by modeling seven lanes) resulted in significantly higher turning movements on /off ORE 99W and large through movements on ORE 99W. The end result was that not only would you have to widen to seven lanes but at nearly every intersection additional turning lanes were needed (double lefts, right turn) creating nearly a 10 lane cross section at intersection. And even after that the end result was level of service F conditions. Therefore the recommended approach combines several elements to produce a minimally acceptable operating condition. The TSP recommends: 1) widening ORE 991V to seven lanes between 1 5 and Greenburg Road; 2) retaining the fiat lane cross section on roadway southwest of Grccnburg Road; 3) extensive intersection improvements — auxiliary turning and /or through lanes at key intersections on Highway 99W;-2) aggressive access management, including the development of an access management plan for the corridor; 53) improvements to ORE 217 and 1-5 noted above; 44) off - system improvements such as freeway improvements and arterials such as Walnut extension; and 7 consideration ofa western /Yamhill County commuter rail corridor." CPA200R -00011 PAGE 17 OF 31 Proposed Amendment 15: TSP Chapter 8: Motor Vehicles Committee Recommendation: Page 8 -37: Last Paragraph, first bullet. Update text to "ORE 99W seven lanes access management with auxiliary turn and /or through lanes at kev intersections." Tigard Triangle Area. This subarea is also subject of a recently adopted plan. The basic package of street improvements needed to mitigate level of service F conditions in this area include: • ORE 99W seven lanes access management with auxiliary turn and /or through lanes at key intersections. • Dartmouth Street five lanes • 72 Avenue five lanes • Atlanta Street extended from Haines Street to 72 Avenue • Backage roads to ORE 99W (providing access to business but not directly on ORE 99W) • CPA2008 -00011 PAGE 18 OF 31 Proposed Amendment 16: TSP Chapter 8: Motor Vehicles Committee Recommendation: Page 8 -38: Table, third item: Update text to "Lenity F cenclitions result in Tigard Triangle n ithovit 7 /awes. This option would limit the potential of the Tigard Triangle to serve the projected land use in the, future without localiled intersection improvements. There improvements could include additional approach turn and /or through lanes northbound and southbound on ORE 99W for short periods. • , • • - • between 15 and 217." Other options considered in this sub area included a Dartmouth to Hunziker overcrossing of ORE 217, an extension of Atlanta Street to Dartmouth Street and five lanes on ORE 99W. The following summarizes the findings of these options: Dartmouth Attracts Tess than 5,000 vehicles per day by itself; extend Walnut to link to Hunziker up with the overcrossing of ORE 217 and the volume increase to 8,000 ORE 217 per day. Implement complete ramp metering in the Tigard Triangle Overcrossi area (on ORE 217 and 1 -5) and the volume increases to 13,000 ng vehicles per day. Most of the traffic benefits of the overcrossing are produced with the Hunziker to Hampton overcrossing and the Dartmouth to Hunziker overcrossing has limited additional benefit. Unfortunately, ORE 99W still requires mitigation with or without overcrossing; access to ORE 217 would not be allowed by ODOT due to substandard spacing resulting in unsafe operation at large expense. One option where this overcrossing may be desirable in the future would be where ramp metering is fully operational and improvements to ORE 217 include a High Occupancy Toll (HOT) or High Occupancy Vehicle (HOV) lane alternative where direct connections to ORE 99W are desired. The Dartmouth to Hunziker overcrossing could provide access to the Tigard Triangle and ORE 99W area via drop in ramps. Therefore, a potential alignment should be preserved for future consideration (where the alignment would go through parking lots). However, the overcrossing is not part of the street improvement plan in the TSP. Atlanta While the Atlanta extension to 72 is 10,000 to 15,000 vehicles per day Extension the segment to the south connecting to Dartmouth is well below that to level. Recent development has blocked an optimal alignment. Dartmouth Backage roads will be more effective in this setting. The TSP includes the Atlanta extension to 72 and backage roads with redevelopment. Five lane Level of service F conditions result in Tigard Triangle without 7 lanes. This ORE 99W option would limit the potential of the Tigard Triangle to serve the projected land use in the future without localized intersection improvements. These improvements could include additional approach turn and /or through lanes northbound and southbound on ORE 99W for short periods. There were no Su.. - . • - precluded tho nood for 7 lanes between 1 5 and 217." CPA2008 -000I 1 PAGE 19 OF 31 Proposed Amendment 17: TSP Chapter 8: Motor Vehicles Committee Recommendation: Page 8 -42: Table 8 -6 Project Number 21. Add asterisk to project description that identifies that based on the recommendations of the Tigard 99W Improvements Plan, both the TSP and RTP should be amended to retain four /five- lanes rather than the current designation to widen ORE 99W to 7 lanes. Table 8 -6 Proposed Metro and Planned CIP Projects Project Project Name (Facility) Pro1ect Project Description - ;. Estimated` No „ : Project Cost South. Washington County Transportation °Projects (RTP,Round.3 1999) 18 Bonita Road Hall Boulevard to Bangy Widen to four lanes $ 8,000,000 Improvements Road 19 Durham Road Upper Boones Ferry Road Widen to five lanes $ 3,500,000 Improvements to Hall Boulevard 20 Durham Road Hall Boulevard to 99W Widen to two lanes $ 5,000,000 Improvements westbound, 1 lane eastbound, turn lane, bikeways and sidewalks 21 99W Improvements 1 -5 to Highway 217 Widcn to seven lanes 4254=7000 Capacity and /or safety improvements at key $ 9,000,000 intersections. * ** 22 72nd Avenue 99W to Hunziker Road Widen to five lanes $ 3,000,000 Improvements 23 72nd Avenue Hunziker Road to Bonita Widen to five lanes $ 5,000,000 Improvements Road 24 72nd Avenue Bonita Road to Durham Widen to five lanes with $ 5,000,000 Improvements Road bikeways and sidewalks 25 Upper Boones Ferry 1 -5 to Durham Road Widen to five lanes $ 3,000,000 Road 26 Dartmouth Street Dartmouth Road to Hunziker Three lane extension; new $ 28,000,000 Extension Road Highway 217 overcrossing 27 Dartmouth Street 72nd Avenue to 68th Widen to four lanes with turn $ 500,000 Improvements Avenue lanes 28 Walnut Street Walnut Street at Gaarde Intersection improvement $ 1,358,000 Improvements, Phase 2 Street 29 Highway 217/72nd Highway 217 and 72nd Complete interchange $ 15,000,000 Avenue Interchange Avenue reconstruction with additional Improvements ramps and overcrossings 30 Scholls Ferry Road At Hall Boulevard Add SB right turn lane from $ 500,000 Intersection SB Hall Boulevard Improvement * Based on the recommendations of the Tigard 99W Improvements Plan, both the TSP and RTP should be amended to retain four /five -lanes rather than the current designation to widen ORE 99W to 7lanes. ** Highway 99W may include auxiliary lanes for additional intersection capacity, function turn lanes, or access management at key locations, such as major intersections, where CPA2008 -0001 1 PAGE 20 OF 31 traffic flow and /or capacity would otherwise be constrained. For locations within 600 feet of any signalized intersection or freeway interchange, staff will determine, based on accepted engineering practices, the cross - section and auxiliary lanes that will be necessary to serve that intersection. CPA2008 -0001 1 PAGE 21 OF 31 Proposed Amendment 18: TSP Chapter 8: Motor Vehicles Committee Recommendation: Page 8 -45: Table 8 -7 Third Project Listed. Add asterisk to project description that identifies that based on the recommendations of the Tigard 99W Improvements Plan, both the TSP and RTP should be amended to retain four /five- lanes rather than the current designation to widen ORE 99W to 7 lanes. The recommended TSP motor vehicle improvements are summarized in Table 8 -7 and Figure 8 -19. Several spot improvements were also identified at various intersection in Tigard and they are summarized in Figure 8 -20 and Table 8 -8. Prioritization should occur in coordination with the CIP Figure 8 -18 Street Improvement Plan process. All improvements on arterials and collectors shall include sidewalks, bike lanes and transit facilities. These improvement lists should be used as a starting point for inclusion in regional funding programs for streets. Table 8 -7 Future Street Improvements All Pro include sidewalks, bic cle lanes and transit accommodations as re•uired Location Description Funding Status* 1 -5 Widen to 4 plus auxiliary lanes (each direction) between Not Funded ORE 217 and I- 205/Wilsonville Not in any plan Widen to 4 lanes (each direction) south to Wilsonville ORE 217 Widen to 3 lanes plus auxiliary lanes (each direction) Not Funded between US 26 and 72 " Avenue In RTP (as widening or HOV or HOT) New ORE 217/1 -5 interchange between 72 Avenue and Bangy Road Phase 1 Funded Phase II in RTP ORE 99W - -- -- - - - -- • e InRTP Grecnburg Road Capacity and /or safety Not Funded improvements at key intersections. * ** In prior plans *Based on the recommendations of the Tigard 99W Improvements Plan, both the TSP and RTP should be amended to retain four /five -lanes rather than the current designation to widen ORE 99W to 7 lanes. ** Highway 99W may include auxiliary lanes for additional intersection capacity, function, turn lanes, or access management at key locations, such as major intersections, where traffic flow and /or capacity would otherwise be constrained. For locations within 600 feet of any signalized intersection or freeway interchange, staff will determine, based on accepted engineering practices, the cross - section and auxiliary lanes that will be necessary to serve that intersection. CPA2008 -00011 PAGE 22 OF 31 Proposed Amendment 19: TSP Chapter 8: Motor Vehicles Committee Recommendation: Page 8 -47: Figure 8 -19: 20 Year Street Improvement Plan. Update figure to remove seven lane widening project from Hwy 99W. DKS Associates Men nJbnzbYwnn Z1 tO al TOAAv. CITY OF TIGARD TO 6CAF O Proposed Transportation i = I i ® Amendment Systems Plan _ J I - � k . © , Legend ni I f = .' � .NO.1x JU.m ,....,....., 1 A t .; Ra..oyWYLiiy © �\ in 0 e�aa . mrvi a L 7 , i ..... � 8-r Cobtl - NYMJFbrnn GwJ7 •Rvaov FJt4NirJ br7tma _ 1pP --'ll. a . 15r 0 T -'� +, • a�© ( , Or. •Cmitx*mot 3o}JMa '. 0 ri g' i . . t, © ,' To i tz # Z r- stix u g , I 5 $3i ' I ( ii 5 rifp, ,,• 1' Figure 8.19 20 YEAR STREET SS w�o� a�n ,xn,a.pa���a IMP ROVEMENT PLAN n loManila. * Highway 99Wmay include auxiliary lanes for additional intersection capacity, function, turn lanes, or access management at key locations, such as major intersections, where traffic flow and /or capacity would otherwise be constrained. For locations within 600 feet of any signalized intersection or freeway interchange, staff will determine, based on accepted engineering practices, the cross - section and auxiliary lanes that will be necessary to serve that intersection. CPA2008 -0001 1 PAGE 23 OF 31 Proposed Amendment 20: TSP Chapter 8: Motor Vehicles Committee Recommendation: Page 8 -48: Figure 8 -20 Intersection Improvement Locations. Update figure to include projects at the following intersections: #37 — ORE 99W /SW Durham Road #38 — ORE 99W /SW Canterbury Lane will' Of Timm Transportation • ( < Q ` f " ( P I Systems Plan z ; Sti ' ( S r te; 4' Isrind �, !, Z ..r S1- : untie'W. " i T ^ F' _ _ _ - - . - 1 'e1 „r \ I � • .4� 1 1 .') € ' Proposed' , V Amendment a1'r • I �` Amend ent ",'' ' ” Figuro 8OZ0 ' IMTERSECTION IMPROVEMENT LOCATIONS CPA2008 -0001 1 PAGE 24 OF 31 Proposed Amendment 21: TSP Chapter 8: Motor Vehicles Committee Recommendation: Page 8 -49 through 8 -51: Table 8 -8 City of Tigard Future Intersection Improvements. Update table to include specific projects and add projects at the following intersections. Table 8 -8 City of Tigard Future Intersection Improvements No. , Intersection Description • 8 Main/ • Southbound Left turn lane Greenburg /O • Retain westbound right turn lane when ORE OOW widened to 7 lanes RE 99W • Add eastbound left turn pocket • Add westbound left turn pocket 11 Hall /ORE • Southbound right turn lane 99W • Northbound left turn lane • Westbound right turn overlap • Westbound left turn lane • Add transit que bypass lanes in northbound direction 12 ORE 217 NB • Retain eastbound right turn lane_ • - • " Ramps/ • Retain westbound right turn lane when ORE OOW widcncd to 7 lanes ORE 99W • 2 northbound left turn lane 13 ORE 217 SB • 2 11d northbound left turn lane Ramps/ ORE 99W 14 Dartmouth/ • Retain eastbound right turn lane_ • - • ORE 99W • Add southbound through lane • Add transit que bypass lanes in northbound direction 15 72nd/ • Southbound right turn lane ORE 99W • Northbound right turn overlap • Change to protected left turn phasing north /south 16 68th/ — 2 nd ORE 99W • Northbound left turn lane • Southbound left turn lane • Change to protected left turn phasing north /south • Add transit que bypass lanes in northbound and southbound directions 25 ORE 99W/ • Westbound right tum lane McDonald /G • Retain eastbound right turn lane aarde • 2 northbound left turn lane • 2 Southbound left turn lane • Eastbound through lane • Westbound through lane • Add transit que bypass lanes in northbound and southbound directions 30 Walnut/ ORE 99W • Change to protected left turn phasing on Walnut • Add westbound left turn lane • Add transit que bypass lanes in northbound and southbound directions 37 ORE 99W/ • Add westbound left turn lane Canterbury Lane 38 ORE 99W/ • Add northbound left turn lane Durham Road CPA2008 -0001 1 PAGE 25 OF 31 Proposed Amendment 22, 23 and 24: TSP Chapter 11: Funding/Implementation Committee Recommendation: Page 11 -7: Page 11 -7: Table 11-4 Pedestrian Action Plan Project List • Update ORE 99W project from "McDonald Street to South City Limits" to "Interstate 5 to South City Limits ". Update cost from $500,000 to $800,000. • Add pedestrian activated signalized crossing on Highway 99W at SW 71st Avenue to project list with "Medium" ranking and cost of $200,000. • Add pedestrian activated signalized crossing on Highway 99W at SW Watkins Avenue to project list with "Medium" ranking and cost of $200,000. Table 11-4 Pedestrian Action Plan Project List Rank* Project From To Cost H North Dakota Street 121 Avenue Greenburg Road $230,000 H McDonald Street ORE 99W Hall Boulevard $200,000 • H Tiedeman Avenue Walnut Street Greenburg Road $350,000 H Oak Street (RTP 6019) Hall Boulevard 80`" Avenue $500,000 H ORE 99W South City Limits $500,000 Interstate 5 $800,000 M Bull Mountain Road ORE 99W Beef Bend Road $1,200,000 M Roshak Road Bull Mountain Road Scholls Ferry Road $300,000 M 121 Avenue Gaarde Street North Dakota Street $450,000 M Hunziker Street Hall Boulevard 72 Avenue $250,000 M Washington Square Pedestrian Improvements (RTP 6022) $6,000,000 Regional Center L Taylor's Ferry Rd Washington Drive 62 " Avenue $1,000,000 L Washington Drive Hall Boulevard Taylor's Ferry Road $200,000 M Pedestrian Activated Highway 99W at SW $200,000 Signalized-Crossing 71st Avenue Enhancements* M Pedestrian Activated Highway 99W at SW $200,000 Signaled- Crossing Watkins Avenue Enhancements* Subtotal WANTON $12,500,000 Sidewalks to be built with Street Improvements H Bonita Road West of 72 " Avenue 72 Avenue $50,000 H Walnut Street 135`" Avenue Tiedeman Avenue $570,000 H Gaarde Street Walnut Street ORE 99W $620,000 H Hall Boulevard Scholls Ferry Road Pfaffle Street $1,000,000 H Dartmouth Street 72nd 68th Avenue $120,000 H Tigard Street 115th Street Main Street $350,000 H Burnham Street Main Street Hall Boulevard $100,000 H Fonner Street walnut Street 121st Avenue $250,000 H Commercial Street Main Street Lincoln Street $50,000 CPA 2008-0001 I PAGE 26 OF 31 Rank* Project From To Cost M 72 Avenue ORE 99W Bonita Road $1,200,000 M Hall Boulevard North of Hunziker Street South City Limits $670,000 M Beef Bend Road ORE 99W Scholls Ferry Road $1,000,000 M Barrows Road Scholls Ferry Road (W) Scholls Ferry Road $950,000 (E) L 72 Avenue Carman /Upper Durham Road $250,000 BoonesFry. Subtotal $7,180,000 Annual Sidewalk Program at $50,000 per year for 20 years $1,000,000 Action Plan , Total $20,060,000 *Requires approval from State Traffic Engineer CPA2008 -00011 PAGE 27 OF 31 Proposed Amendment 25: TSP Chapter 11: Funding/Implementation Committee Recommendation: Page 11-8: Table 1 1 -5 Bicycle Action Plan Improvement List and Cost. Update ORE 99W bike lane improvement cost from $1,300,000 to $275,000. Table 11 -5 Bicycle Action Plan Improvement List and Cost Rank* Project From To Cost H Hunziker Street Hall Boulevard 72 Avenue $250,000 H Bonita Road 72 Avenue West of 72 $50,000 Ave. H Burnham Street Main Street Hall Boulevard $135,000 H Oak Street (RTP 6019) Hall Boulevard 90 Avenue $300,000 H 98 Avenue Murdock Stret Durham Road $275,000 H 92 Avenue Durham Road Cook Park $270,000 H Tiedeman Avenue Greenburg Road Walnut Street $250,000 M 121 Avenue Walnut Street Gaarde Street $400,000 L Taylor's Ferry Road Washington Drive City Limits $500,000 L Washington Drive Hall Boulevard Taylor's Ferry $100,000 Rd L O'Mara Street McDonald Street Hall Boulevard $275,000 L Frewing Street ORE 99W O'Mara Street $150,000 Subtotal $2,955,000 H Gaarde Street Walnut Street ORE 99W $600,000 H Hall Boulevard Scholls Ferry Locust Street $500,000 Road H Greenburg Road Hall Boulevard Cascade $300,000 Avenue H ORE 99W East City Limits South City $ 00,000 Limits $275,000 M 72 Avenue ORE 99W South City $960,000 Limits M Hall Boulevard Pfaffle Street Bonita Road $550,000 M Carman Drive 1 -5 Durham Road $200,000 M Walnut Street ORE 99W Barrows Road $1,400,000 M Barrows Road Scholls Ferry Scholls Ferry $900,000 Road (W) Rd. (E) L Bull Mountain Road 150 Avenue Beef Bend Road $550,000 L Beef Bend Road ORE 99W Scholls $1,600,000 Ferry Rd. Subtotal $8,860,000 $7,835,000 Multi Use Pathways H Hunziker Link to LO Linkage to Kruse Way Trail in Lake $500,000 Oswego CPA2008 -00011 PAGE 28 OF 31 Rank* Project From To Cost M Fanno Creek Trail Tualatin River to City Hall, ORE 99W $3,600,000 to Tigard M Tualatin River Trail Adjacent to Cook Park from $2,600,000 Powerlines to Fanno M Tualatin River Crossing Near 108 Avenue $3,000,000 L Powerlines Corridor From Beaverton to Tualatin River $2,500,000 Trail Subtotal $12,200,00 0 Action Plan Total 0 $22,990,00 0 CPA2008 -0001 1 PAGE 29 OF 31 Proposed Amendment 26: TSP Chapter 11: Funding /Implementation Committee Recommendation: Page 11-9: Table 11-6 Future Street Improvements. Add asterisk to project description that identifies that based on the recommendations of the Tigard 99W Improvements Plan, both the TSP and RTP should be amended to retain four /five -lanes rather than the current designation to widen ORE 99W to 7 lanes. Table 11 -6 Cost Location Description Estimate Funding Status* 1 -5 Widen to 4 plus auxiliary lanes (each $200,000,000 Not Funded direction) between ORE 217 and 1 -205 Not in any plan Provide additional throughput capacity (each $50,000,000 direction) south to Wilsonville ORE 217 Widen to 3 lanes plus auxiliary lanes (each $240,000,000 Not Funded direction) between US 26 and 72 Avenue In RTP (as widening or HOV or HOT) New ORE 217/1 -5 interchange between 72 Phase 1 Funded Avenue and Bangy Road $39,000,000 Phase 2 & 3 in RTP Phase 2 $15,000,000 RTP 6027 & 6028 Phase 3 ORE 99W Widen to seven lanes (total both directions) $25,000,000 RTP 6039 - - - • - - _ — —• e. _ . e _ _ _ Capacity and /or safety improvements at key intersections.* ** 1 - to ORE 99W Connector linking 1 -5 and ORE 99W (model $250,000,000 RTP 6005 assumed connector would be located north (Toll Route) of Sherwood— specific location to be determined by further study) Overcrossings over 5 lane overcrossings linking Washington $40,000,000 RTP 6011 & 6052 ORE 217 Square and Cascade Avenue —one north of Scholls Ferry Road, one south of Scholls Ferry Road to Nimbus $15,000,000 RTP 6053 Connector Road Nimbus south to Greenburg * Based on the recommendations of the Tigard 99WImprovements Plan, both the TSP and RTP should be amended to retain four /five -lanes rather than the current designation to widen ORE 99W to 71anes. ** Highway 99W may include auxiliary lanes for additional intersection capacity, function, turn lanes, or access management at key locations, such as major intersections, where traffic flow and /or capacity would otherwise be constrained For locations within 600 feet of any signalized intersection or freeway interchange, staff will determine, based on accepted engineering practices, the cross - section and auxiliary lanes that will be necessary to serve that intersection. CPA2008 -0001 1 PAGE 30 00 31 Proposed Amendment 27: TSP Chapter 11: Funding/Implementation Committee Recommendation: Page 1 1 -1 1: Table 11-7 City of Tigard Future Intersection Improvements. Update table to include specific projects and add projects at the following intersections: Table 11 -7 City of Tigard Future Intersection Improvements No., 'Intersection Description Cost 8 Main/ • Southbound Left turn lane $700,000 Greenburg/ • Retain westbound right turn lane when ORE OOW widened to 7 lance ORE 99W • Add eastbound left turn pocket • Add westbound left turn pocket 11 Hall /ORE • Southbound right turn lane $3,700,000 99W • Northbound left turn lane • • Westbound right turn overlap • Retain westbound right turn Ianc when ORE O • Westbound left turn lane • Add transit que bypass lanes in northbound direction 12 ORE 217 • Retain eastbound right turn lane whon ORE 09W widoncd to 7 lanes $400,090 NB Ramps/ o_ --_ _ - • _ o -• • ••, -- - - -- $700,000 ORE 99W • 2 northbound left turn lane 13 ORE 217 SB • 2nd northbound left turn lane $400,008 Ramps/ • Retain actbound right turn Ianc when ORE OOW widened to 7 lane:, $200,000 ORE 99W 14 Dartmouth • Retain eastbound right turn lane_ • _ • !' " - • -- /ORE 99W • Add southbound through lane $800,000 • Add transit que bypass lanes in northbound direction 15 72nd/ • Southbound right turn lane e ORE 99W • Northbound right turn overlap $300,000 • Change to protected left turn phasing north /south • Retain actbound right turn lane • • = • e ' " - - -- 16 68th / •—r $1,500,000 ORE 99W • Northbound left turn lane • Southbound left turn lane • Change to protected left turn phasing north /south • Add transit que bypass lanes in northbound and southbound directions 25 ORE 99W/ • Westbound right turn lane $.7e0,000 McDonald/ • Retain eastbound right turn lane $1,500,000 Gaarde • 2 northbound left turn lane • 2 Southbound left turn lane • Eastbound through lane • Westbound through lane • Add transit que bypass lanes in northbound and southbound directions 30 Walnut/ ORE 99W • Change to protected left turn phasing on Walnut $600,000 • Add westbound left turn lane • Add transit que bypass lanes in northbound and southbound directions 37 ORE 99W/ • Add westbound left turn lane $250,000 Canterbury Lane 38 ORE 99W/ • Add northbound left turn lane $250,000 Durham Road CPA2008 -0001 I PAGE 31 OF 31 Attachment 2 • City of Tigard Memorandum To: Tigard Planning Commission ,, ll From: Darren Wyss, Senior Planner w Re: CPA2008 -00011 Public Hearing Date: March 30, 2009 At its April 6, 2009 meeting, the Planning Commission will hold a public hearing to consider CPA2008- 00011. The Commission previously held a workshop on March 2, 2009 to discuss the proposed amendments to the Tigard Transportation System Plan and Tigard Comprehensive Plan, which originate from the Tigard 99W Improvement and Management Plan. The purpose of this memo is to 1. Address three language changes the Commission requested at the workshop; 2. Address comments received after the workshop from ODOT and Beaverton; and 3. Provide a summary recommendation and potential motion for the Commission. Planning Commission Requested change #1 Part 3 of the proposed amendment will update the list of recommended action measures (a total of 10 additions) found in Section 1 of the Tigard Comprehensive Plan Transportation Chapter. The proposed amendment language was recommended by the Tigard 99W Improvement and Management Plan Citizen Advisory Committee. The requested changes were limited to two of the recommended action measures and are as follows: 27. The City shall adopt Alternative B as contained in the Tigard 99W Plan as part of its Transportation System Plan and prioritize its recommendations. Subsequently, the City shall, in conjunction with other agencies, jurisdictions, and stakeholders, develop action plans to implement the alternative's specific project recommendations. Action plans to implement Alternative B shall include design and engineering strategies, funding measures, and stakeholder and citizen engagement. Reasonable time frames shall be associated with the action plans. Commission reasoning — to clarify what /where Alternative B is. 33. Highway 99W Action Plans shall seek to enhance the economic vitality of the corridor through transportation, aesthetic land use, and other improvements. In addition, st€f resources shall be wed used to coordinate business development and retention activities, and aid in communication among the business community and city government. MEMO TO THE PLANNING COMMISSION CPA 2008-00011 TIGARD 99W IMPROVEMENT PAGE 1 OF 4 AND MANAGEMENT PLAN AMENDMENTS Commission reasoning — throughout the update of the Tigard Comprehensive Plan, the Planning Commission and City Council tried to avoid language that committed City staff or resources to programs or projects as the Comp Plan is policy focused. This requested change was to maintain consistency with the rest of the Comp Plan language. Requested change #2 The Commission requested that any reference to the 5 -lanes of Highway 99W as through lanes be removed. Staff has removed the reference throughout the proposed amendments. Most references were associated with the asterisk language in Part 1 of the proposed amendment. Part 4 of the proposed amendment also made reference to through lanes and this has been removed. Commission reasoning — the reference to a 5 -lane Highway 99W would include the middle, or turn, lane which is not truly a "through" lane. Removing this language eliminates the possibility for confusion. Requested change #3 The Commission debated whether the addition of the language in proposed amendments 8, 9, 23, and 24 was appropriate. The proposed amendments would add two pedestrian activated signal crossings to the Other Potential Projects list. The Commission was concerned about the impact to traffic flow from adding additional traffic signals to the Highway 99W corridor. The Commission discussed various other solutions that could make the two particular intersections more pedestrian - friendly and asked staff to look into the feasibility of these projects and alternative language that would be more flexible. Staff comment - The recommended pedestrian activated signal crossings were included to improve pedestrian connections at the two most feasible locations along the corridor at this point in time. The Regional Transportation Plan calls for full street connections no more than 530 feet apart to provide accessibility and connectivity for all modes of travel. Figure 1 below is taken from the Tigard 99W Improvement and Management Plan and shows pedestrian crossing locations along Highway 99W. Figure 1: Existing Crossings of Hr 99W and Potential New Crossing Locations 1,400 1,250 1,311 800 1 1, 720 430 1,000 1,000 2,680 670 700 630 1,020 1,040 650 1,270 1,330 Limited Access g >. 4I$'1.i3Jl Availability m d Cfi (n (n to w 'o N co c`n fn t%� to cc t T N d d - - N .' N- - ODOT Interchange Access Area X - No New Access * - Potential New Access MEMO TO THE PLANNING COMMISSION CPA 2008 -00011 TIGARD 99W IMPROVEMENT PAGE 2 OF 4 AND MANAGEMENT PLAN AMENDMENTS ODOT staff also submitted comments (see Staff Report Exhibit D) that recommended the pedestrian activated signal crossings may not be the most feasible pedestrian treatment at the proposed locations. ODOT staff believes the projects are important pedestrian connections, but recommends changing the proposed amendment language (see below) to provide project flexibility. M Pedestrian Highway 99W at SW 71st Avenue Activated Signalized-Crossing Enhancements* M Pedestrian Highway 99W at SW Watkins Avenue Activated Signalized-Crossing Enhancements* *Requires approval from State Traffic Engineer The Planning Commission may wish to consider using ODOT's recommended language change (also included in Exhibit A) or use a number of other alternatives in lieu of removing the project language completely: • Pedestrian Crossing Amenities • Pedestrian - specific Crossing • Pedestrian Crossing Infrastructure • Crosswalk • Pedestrian Crossing Project ODOT Comments (Staff Report Exhibit D) ODOT pointed out instances where an additional lane may be needed between intersections, essentially creating a sixth lane for short distances. Such a circumstance would not meet the asterisk language of "auxiliary lanes for additional intersection capacity" and reconunended further clarification to retain flexibility. • Staff comment - In a case where an auxiliary lane may need to be continuous between two intersections, to provide flexibility the Commission may wish to consider including the word function to the asterisk language below TSP figures to read: "Highway 99W may include auxiliary lanes for additional intersection capaci function, turn lanes, or access management at key locations, such as major intersections, where traffic flow and /or capacity would otherwise he constrained. For locations within 600 feet of any signalitied intersection or freeway interchange, staff will determine, based on accepted engineeringpractices, the cross- section and auxiliary lanes that will be necessary to serve that intersection." MEMO TO THE PLANNING COMMISSION CPA 2008 -00011 TIGARD 99W IMPROVEMENT PAGE 3 OF 4 AND MANAGEMENT PLAN AMENDMENTS City of Beaverton Comments (Staff Report Exhibit C) Recommended the deleted turn lanes in proposed amendment 21 (Table 8 -8 changes) should be maintained in the TSP improvements to assure the 5 -lane section would handle future needs of the region. Staff comment - maintaining the flexibility within the TSP to use auxiliary turn lanes at intersections is a benefit to the community and the function of Highway 99W. After review, the Engineering Division agrees with the Beaverton comments. Circumstances have changed, mainly the design of the Hall and Greenburg intersection improvement projects, since the Tigard 99W Plan was completed. Many of the intersection improvements slated to be removed from the TSP list may need to be constructed to ensure the Hall and Greenburg improvements function at their full potential. The Engineering Division identified the projects that were originally recommended for removal, but should remain in the TSP to provide flexibility (see list below). The language in Exhibit A was adjusted accordingly. The projects will again be reevaluated during the complete update of the TSP this year. Main /Greenburg /ORE 99W Southbound Left turn lane Hall /ORE 99W Southbound right turn lane Northbound left turn lane Westbound right turn overlap ORE 217 NB Ramps/ Retain eastbound right turn lane_ - • e • • • - - ORE 99W 2 " northbound left turn lane ORE 217 SB Ramps/ 2 northbound left turn lane ORE 99W Dartmouth /ORE 99W Retain eastbound right turn la when ORE 99W widened to 7 lanes 68th /ORE 99W Northbound left turn lane Southbound left turn lane Change to protected left turn phasing north /south Summary Recommendation The Commission's requested changes have been incorporated into the Staff Report Exhibit A, as well as ODOT and Beaverton comments. Therefore, if the Commission finds the proposed amendment complies with the applicable review criteria and agrees with the language adjustments made to the proposed amendment since the March 2, 2009 workshop, staff recommends the Planning Commission motions to: Find CPA2008 -00011 complies with the applicable review criteria; and Recommends the City Council adopt the amendments to the Tigard Transportation System Plan and Tigard Comprehensive Plan as found in Exhibit A. MEMO TO THE PLANNING COMMISSION CPA 2008-00011 TIGARD 99W IMPROVEMENT PAGE 4 OF 4 AND MANAGEMENT PLAN AMENDMENTS Attachment 3 CITY OF TIGARD PLANNING'COMMISSION Meeting Minutes March 2, 2009 I. CALL TO ORDER President Inman called the meeting to order at 7:02 p.m. The meeting was held in the Tigard Civic Center, Town Hall, at 13125 SW Hall Blvd. 2. ROI . CALL Commissioners Present: President Inman; Commissioners Doherty, Fishel, Hasman, Muldoon, and Vermilyea [arrived after roll call] Commissioners Absent Commissioner Anderson, Caffall, Walsh, and Alternate Gaschke Staff Present Ron Bunch, Community Development Dir.; Catissa Collins, Sr. Management Analyst Gus Diienas, City Engineer; Darren Wyss, Sr. Planner; Doreen Laughlin, Planning Commission Secretary 3. COMMUNICATIONS — None. 4. APPROVE MEETING MINUTES 2-23-09 Meeting Minutes: pue to the short amount of time between meetings, the 2/23/09 meeting minutes will be up for consideration at the next meeting March 16).] 5. WORK SESSION CAPITAL IMPROVEMENT PLAN (CIP) Ron Bunch, Community Development Director, introduced City staff member, Carissa Collins, Senior Management Analyst He said this presentation is the introduction to the FY2009-2010 Capital Improvement Plan and if there were any questions the commissioners had that staff was unable to answer immediately, staff would get back to them. He said if any 'questions to conic up between now and April 20th, that the commissioners would please forward them to staff and they would then be forwarded on to 'Council and the Budget Cornmittee. He stated if they wished to collectively deliberate the CIP as a body and consider it more before_April 20th, staff would be glad to schedule that in. Colin.' is stated that she was present to ask for Planning Commission input to the Budget Committee regarding this 5 year Plan. She noted the funding is $61.9 million with $23.3 funded in 09-10. She said that it is broken up into different systems: the Street system, Park system, Facilities, DoWritown, Storms, and Sanitary Sewer. She went over the basic highlights of each system — some of which are: PLANNING COMMISSION MEETING MINUTES - March 2, 2009 - Page 1 of 5 Burnham and Ash = $10.2, million - fully funded. PMMP (Pavement Major Maintenance Program] = $5.4 million funded over the 5 year period. She noted that's about $500,000/yeat and that presently there's an outreach for public input on how to determine the kind of street maintenance program we want to have Sanitary Sewer & Storm projects are fully funded. Downtown projects are funded with grants, park SDC's, gas tax, and TIF [Tax Increment Financing] revenue. She said that so fax as the Facilities System goes — the Facilities Master Plan is completed The two-primary projects are the new.Police facility (about $12 million total), and the new Public Works facility (about $14 million). SOME QUESTIONS Sc COMMENTS BY COMMISSIONERS Whdt impact will the [government] "Stinzitlus Package" have? Ron Bunch, Community Development Director answered: As we understand, the stimulus monies will be coming essentially in 'three successive waves. The first is transportation funding that will come to the state. The Metro portion of that is $30 Million or so. Of that, Tigard is in line to get about 1.2 million dollars. Those monies are designated for street reconstruction or pavement management projects. Three of the projects are Bonita, 72.d, and Durham Road. Second and third rounds of stimulus will include projects that aren't quite on the line as of yet but include things such as parks, further transportation projects, water, sewer, storm drains -- the kinds of things that may take a little longer to prepare. The third round, which is anticipated to come several months from now, will also include those projects that aren't really "shovel ready" and need more time to be. prepared. Gus Duenas, City Engineer, spoke a bit further about the money coming through. He said what they did to get the projects out into a category in which not much red tape is involved is to do 2" overla) s. He said they have to pick streets in pretty good condition. Durham from Hall Blvd to Upper Boones is one big candidate - 72.d Ave and Bonita Road. He spoke a bit further about the process of receiving the stimulus funds. What is the process for prioritizing Cityprojects in general? For street projects - what we primarily do is look at whatCouncil goals are and what the Council mandate is. Right now it's Burnham St. And Ash St — so that is the primary goal for now Community Development, as a whole, will prioritize based on what Council goals are. What's being done about jaywalking near Tigard High School? Based on, how long it takes to get the materials manufactured & delivered, we're looking to get a crosswalk in place by May of this year. There were some other questions regarding parks, :streams, bridges, and trail repair. PLANNING COMMISSION MEETING MINUTES - March 2, 2009 - Page 2 of 5 6. WORK SESSION HIGHWAY 99W PLAN CPA2008-00011 Darren Wyss, Senior Planner, gave his presentation on behalf of the. City. He stated that the purpose of the meeting was to become familiar with the proposed amendments to Tigard's Transportation System Plan (TSP) and the Comprehensive Plan (found in attachment 1 of the Planning Commission packet). The .proposed amendments would incorporate recommendations found in the Tigard 99W Plan and those made by the project's Citizen Advisory Committee (CAC). The proposed amendments are divided into four components: 1. Update the Tigard Transportation System. Plan to include recommended changes found in the Tigard. 99W Improvement and Management Plan; (Found in Appendix C) 2. Incorporate the Tigard 99W Improvement and Management Plan by reference into the Tigard Transportation System Plan to serve as findings; 3. Update the recommended action measures for Tigard Comprehensive Plan Goal 12: Transportation to include language recommended by the Tigard 99W Plan CAC; and 4. Amend the Tigard Comprehensive Plan Policy 6.A (under Goal 12.2) to reflect recommended 5 through lanes for Highway 99W. (Staff recommended for consistency with TSP amendments.) Wyss spent a few minutes reviewing the formulation of the Tigard 99W Plan and gave some background as to how the proposed amendments were developed. He said the development of the Tigard 99W Plan was funded by a Transportation Group Management (TGM) grant to evaluate the potential solutions to traffic congestion on Hwy 99W through Tigard. The intention of the projectwas to develop concept-level recommendations for transportation improvements and additional interventions to meet future needs in the Tigard 99W corridor. The development of the plan involved the traditional process of a) Inventorying of existing conditions; b) Analyzing needs, opportunities, and constraints; c) Developing alternative. improvement concepts; and d) Comparing and evaluating alternative concepts. 1'he primary focus of these alternatives was to identify projects aimed at alleviating congestion and also improving circulation along Hwy 99W through Tigard. The planning process ended up evaluating three alternatives: A. Partial widening of Hwy 99W through Tigard; B. Access management strategies in Tigard; and C. Widening of Hwy 99W to 7 lanes through Tigard. PLANNING COMNIISSION MEETING MINUTES — March 2, 2009 Page 3 of 5 In the end, Alternative 113 which was the access management strategy, was chosen as the preferred alternative, as it best Met the project objectives and criteria while carrying the fewest negative impacts to businesses in the community. Alternative. B proposed that all ttansportation modes be enhanced though a series of projects over the long term, including medians, access management, intersection improvements, parallel roadway connections, and other off-highway improvements. This is based on maintaininga 5-lane cross section for Hwy 99W through Tigard. Wyss noted it's important to keep in mind that choosing Alternative 13 was not done in a vacuum. Both public involvement and interagency coordination factored into choosing the preferred 'alternative. The Citizen Advisory Committee (CAC), Technical Advisory Committee (TAC), City staff, and the public all agreed that Alternative B was the best solution. ODOT, TriMet, Portland, and all other partner agencies endorsed the preferred alternative. The proposed amendments found in CPA2008-00011 were developed as a result of Alternative 13 being chosen during the process. In addition to the recommendation found in the Plan, the CAC developed a list of its own recommendations that they wanted forwarded to Council. These recominendations are proposed as Recommended Action Measures to be added to the Comp Plan transportation chapter, The Tigard 99W Plan was completed in June 2007. In November 2007 Council directed staff to prepare amendments to implement the Tigard 99W Plan. That is the reason this portion of the meeting was scheduled. COMMENTS & QUESTIONS BY COMMISSIONERS • I'm not sold: that Alternative li is the best. I'm skeptical. • Were the recommendations and changes made in this document based on Alternative B - the different language? Yes, it was. • To what extent has anyone considered tolling Hwy 99 where it enters and exits Tigard on either end? That's one way to fund it and keep the traffic down. don't think that's going to fly. • Has it [a toll] been considered? Talked about? Vetted? It seems to me that given the very difficult issues we're facing and the fact that Tigard is more greatlyimpacted by 99W than any other community, that no discussion about what we're going to do with that road ought to go forward without having at least some kind of conversation about what the fiscal impacts fof a toll] are, PLANNING COMMISSION MEETING MINUTES March 2, 2009 — Page 4 of 5 and what, the impacts are, on the volume of traffic. So there's my speech on the tolling issue. l think what we're supposed to be doing tonight is do we have any questions or input on what's been added to the Comp Plan for transportation based on Alternative B. Are we not going to have that conversation because we're talking: about something else? President Inman answered — we veered off topic a bit because 1 wanted to allow Commissioner Vermilyea to have his say on something he feels passionate about. There were further general questions including where a. rail 'might be located along Hwy 99W There' was a suggestion that a "reversible lane" could .possibly be put on Hwy 99W. At this point, the Commissioners went through the document (Land Use Application Narrative (proposed amendments) at length, and made various recommendations, which staff took note of. 7. OTHER BUSINESS 8. ADJOURNMENT President Inman adjourned the meeting. at 9:15 p.m. { Doreen Laughlin, Planning ,•mmission Secretary ATTEST: President ] odie .Inman { PLANNINGCOMM1SSION MEETING MINUTES - March 2, 2009 - Page 5 of 5 qr Attachment 4 CITY OF TIGARD PLANNING COMMISSION Meeting Minutes April 6, 2009 1. CALL TO ORDER President Inman called the meeting to order at 7:05 p.m. The meeting was held in the Tigard Civic Center, Town Hall, at 13125 SW Hall Blvd. 2. ROLL CALL Commissioners Present: President Inman; Commissioners Anderson, Caffall, Doherty, Hasman, Muldoon, and Vice President Walsh Commissioners Absent: Commissioners Fishel, Vermilyea, and alternate Commissioner Gaschke Staff Present: Ron Bunch, Community Development Director; Dick Bewersdorff, Planning Manager; Gus Duenas, City Engineer; Darren Wyss, Senior Planner; Todd Prager, City Arborist; Gary Pagenstecher, Associate Planner; Doreen Laughlin, Planning Commission Secretary 3. COMMUNICATIONS Commissioner Doherty reported that she'd attended the Metro 101 session in Hillsboro. She gave a short report and distributed CD's with the information to the Commissioners, along with an Urban and Rural Reserves Phase 3 Public Meeting Schedule. Commissioner Caffall reported that he'd attended the CCI (Committee for Citizen Involvement) meeting, and that he found that most of the neighborhoods are up and live with their websites. He said that's going well. He reported that Gus Duenas (City Engineer) is keeping the committee busy with Hwy 99W and street improvements. Vice President Walsh reported that he'd attended the Tree Board meeting the week before and they would be getting an update at the end of the meeting tonight. 4. CONSIDER MEETING MINUTES 3 -2 -09 Meeting Minutes: There was a motion by Commissioner Doherty, seconded by Commissioner Muldoon to approve the 3 -2 -09 Planning Commission meeting minutes as submitted. PLANNING COMMISSION MEE'T'ING MINUTES — April 6, 2009 — Page 1 of 9 The motion to approve the minutes as submitted passed unanimously on a recorded vote, the Commissioners voted as follows: AYES: Commissioner Doherty, Commissioner Hasman, Commissioner Inman, and Commissioner Muldoon (4) NAYS: None (0) ABSTAINERS: Commissioner Anderson, Caffall, and Walsh (3) ABSENT: Commissioner Fishel, Vein,ilyea (2) 3 -16 -09 Meeting Minutes: There was a motion by Commissioner Doherty, seconded by Commissioner Muldoon to approve the 3 -16 -09 Planning Commission meeting minutes as submitted: The motion to approve the minutes as submitted passed unanimously on a recorded vote, the Commissioners voted as follows: AYES: Commissioner Anderson, Commissioner Doherty, Commissioner Hasman, Commissioner Inman, and Commissioner Muldoon (5) NAYS: None (0) ABSTAINERS: Commissioners Caffall and Walsh (2) ABSENT: Commissioners Fishel and Vermilyea (2) 5. PUBLIC HEARINGS 5.1 COMPREHENSIVE PLAN AMENDMENT (CPA) 2008 -00011 LEGISLATIVE UPDATE: Tigard Transportation Plan and Comprehensive Plan Amendments to Incorporate Tigard 99W Improvement and Management Plan Recommendations PUBLIC HEARING OPENED Darren Wyss, Senior Planner, presented the staff report on behalf of the City. [Staff reports are available for public review at the City one week prior to public hearings.] Wyss said the Planning Commission was being asked to make a recommendation to City Council on CPA2008- 00011, which will amend the Tigard TSP and Comp Plan. He noted the Commission previously held a workshop on the proposed amendment on March 2, 2009. He said the proposed amendments will incorporate recommendations found in the Tigard 99W Improvement and Management Plan and those made by the project's Citizen Advisory Committee [CAC]. PLANNING COMMISSION MEETING MINUTES — April 6, 2009 — Page 2 of 9 Wyss highlighted a few components of the process: • Intended to develop concept -level recommendations for transportation improvements and additional interventions to meet future needs in the corridor. • The primary focus was to identify potential projects aimed at alleviating congestion and improving circulation. • The planning process ended up evaluating three alternatives • A — partial widening of 99W thru Tigard • B — access management strategy in Tigard • C — Widening of 99W to 7 lanes thru Tigard Wyss noted that in the end, Alternative B was chosen as the preferred alternative as it best met the project objectives and criteria while carrying the fewest negative impacts. He said it was important to keep in mind that choosing Alternative B was not done in a vacuum. Both public involvement and interagency coordination factored into choosing the preferred alternative. The proposed amendments found in CPA2008 -00011 were developed as a result of Alternative B being chosen. In addition to the recommendation found in the Plan, the CAC developed a list of its own recommendations to Council which are included as proposed Recommended Action Measures to be added to the Comp Plan transportation chapter. He said the proposed amendments are divided into the following four components: 1. Update the Tigard Transportation System Plan to include recommended changes found in the Tigard 99W Improvement and Management Plan; 2. Incorporate the Tigard 99W Improvement and Management Plan by reference into the Tigard Transportation System Plan to serve as findings; 3. Update the recommended action measures for Tigard Comprehensive Plan Goal 12: Transportation to include language recommended by the Tigard 99IV Plan Citizen Advisory Committee; and 4. Amend the Tigard Comprehensive Plan Policy 6.A (under Goal 12.2) to reflect recommended through lanes for Highway 99W. (Staff recommended for consistency with TSP amendments.) Wyss noted a few minor changes had been made to the proposed amendments since the PC workshop on March 2, 2009. These changes were based on two things: • PC feedback at the workshop • Comments sent in by ODOT and Beaverton At this point Wyss went over a PowerPoint presentation. (Exhibit A) QUESTIONS BY COMMISSIONERS Is `function" defined? We can do that. PUBLIC TESTIMONY IN FAVOR — No one signed up to speak in favor. PLANNING COMMISSION MEETING MINUTES — April 6, 2009 — Page 3 of 9 PUBLIC TESTIMONY IN OPPOSITION — No one signed up to speak in opposition. President Inman asked if anyone in the audience wished to speak on this. Sue Beilke, 11755 SW 114th Place, Tigard, had a couple of questions regarding changes Wyss had made to table 11 -4 and 11 -5 — which he answered to her satisfaction. PUBLIC TESTIMONY CLOSED DELIBERATIONS /MOTION After a short deliberation, there was a motion by Commissioner Doherty, seconded by Commissioner Caffall: "I move the Planning Commission forward a recommendation of approval to the City Council of application CPA2008 -00011 and recommend the City Council adopt the amendments to the Tigard Transportation System Plan and Tigard Comprehensive Plan as found in Exhibit A [of staff report] ." The motion passed unanimously on a recorded vote, the Commissioners voted as follows: AYES: Commissioner Anderson, Commissioner Caffall, Commissioner Doherty, Commissioner Hasman, Commissioner Inman, Commissioner Muldoon, and Commissioner Walsh (7) NAYS: None (0) ABSTAINERS: None (0) ABSENT: Commissioners Fishel and Vermilyea (2) After the vote, Wyss was reminded that they would like him to add the definition of "function." He said he would. President Inman noted this will go to Council's 6/23/09 Business Meeting. 5.2 PUBLIC HEARING (Continued from 2- 23 -09) DEVELOPMENT CODE AMENDMENT (DCA) 2008 -00005 - SENSITIVE LANDS PERMIT REQUIREMENTS - On behalf of the City, Gary Pagenstecher, Associate Planner, handed out a revised memo (Exhibit B) with the changes in red. He said they offer a refinement in staff recommendation — Option 3.c [3.c states: "Pedestrian /bicycle pathways within the floodplain shall include a wildlife assessment to ensure that the proposed alignment minimizes impacts to significant wildlife habitat. "] He said there were some comments [from Brian Wegener & John Frewing] at the back of that memo as well as a memo from Public PLANNING COMMISSION MEETING MINUTES — April 6, 2009 — Page 4 of 9 Works, Steve Martin [Parks &.Facilities Manager]. Pagenstecher went over the memo which, he said, reflects the input he'd received. Pagenstecher said there were basically two issues: 1) the elevation criteria; and 2) the wildlife habitat issue. The revised recommendation gets rid of the elevation criteria altogether and instead requires a wildlife assessment for pathways within the floodplain. Briefly, the elevation criteria were originally designed for structure, protection, and maintenance. He said the Public Works memo spoke to that advising him that it simply wasn't an issue. Adding a criterion for wildlife is recommended for trails in the flood plain. QUESTIONS BY COMMISSIONERS There was a general question about the difference between bike and pedestrian impacts. PUBLIC TESTIMONY — IN FAVOR — No one was signed up to speak in favor. PUBLIC TESTIMONY — IN OPPOSITION — John Frewing, 7110 SW Lola Lane, Tigard, OR spoke in opposition. He went over his written submitted comments at the back of the packet (back of Exhibit B). With regard to 3.c — he said there were several things that caused him concern. He'd like to see 3.c changed to say "pedestrian or bicycle pathways which are either replaced, new, or modified from this date forward, shall include this wildlife assessment." Secondly, he asked "what is a wildlife assessment ?" He said he can do a wildlife assessment in about 1 second. Someone else may take more time because it involves fish, or birds, or frogs, or whatever — are there standards that we can reference in that regard? He said he doesn't know. "Thirdly, you've used the word "significant wildlife habitat" that in our [Tigard] code — there's a map of significant wildlife habitat adopted for Goal 5 and I presume that's what you mean, but it doesn't say that here." He went on to say that "CWS right now has a waiver for existing roads and trails in these low lying areas and so anything that exists that you're going to modify, repave, or replace escapes through that provision of CWS. And I don't want it to escape. I want it to have the wildlife assessment." Pagenstecher answered that any trail would go through a design development process and where trails are, for instance, modified for width, you would expect to have an assessment because they would be "new" trails and would be subject to the criterion for pathways in a floodplain. Frewing said that was comforting to him. He then asked about the standard for wildlife assessment. Pagenstecher said there is no criterion for wildlife assessment at this time. It's not in the code and not proposed here. There are standards for it. There are wildlife assessments — they are ordered for a purpose. Secondly, Frewing asked whether wildlife assessment would be done at one point in time, or done over several important seasons. Pagenstecher said wildlife assessments indicate time of year done and try to accommodate for that. Frewing said seasonal differences should be picked up in a wildlife assessment. Did you say that would be picked up? Pagenstecher said yes, I think that would PLANNING COMMISSION MEETING MINUPES - April 6, 2009 — Page 5 of 9 be picked up. Frewing: Lastly, does "significant wildlife habitat" correspond to the city's map? Pagenstecher: What we're talking about here is a criterion that applies specifically to floodplains in the City of Tigard. Floodplains correlate with the highest height and limit value on the habitat map. Frewing: Okay — so it refers to the map. Pagenstecher: Yes. Erik Lindstrom, 6801 SW Canyon Crest Drive, Portland 97225 spoke in opposition — He thanked Gary for meeting with them on Friday and answering many of his concerns. He said he'd studied the watershed very intently for two years as part of writing a book about Fanno Creek. He spoke about management of ecosystem services and wildlife habitat within the City limits. He said he was concerned about the process itself. He doesn't like the idea of modifying code to meet the plan. He's not convinced the details are there that the certain damage that will occur to the watershed as a result of this is mitigated and offset by other activities. There were no questions from staff. Sue Beilke, 11755 SW 114th Place, Tigard spoke in opposition. She handed out her comments in written form and went over them (Exhibit C). There were no questions from staff. Brian Wegener, 12360 SW Main Street, Suite 100, Tigard, OR of the Tualatin Riverkeepers hadn't signed up, but spoke in opposition. He said he's concerned about bicycle road kills in these sensitive areas. He'd seen some of them. He's also concerned about trail washouts. Impacts should be minimized. He thinks the wildlife assessment should be defined. He's hoping this will be a "win -win" situation. He likes trails and access - to nature but wants to make sure we are not taking away that nature, by putting those trails in. QUESTIONS FROM STAFF: What do you believe is the solution? The solution could be perhaps putting trails going through wet areas up on pilings. In a slope situation — there are a lot of different choices. Reduce impervious areas that are causing stormwater run -off - that's very important to areas close to the streams. QUESTIONS OF STAFF Did ODF&W further comment? No. Pagenstecher said he called to follow up on their first comment. He said the comment was global in that when there's a limited resource — generally speaking, the policy is — protect it whenever you can. He said that's consistent with their mission. PLANNING COMMISSION MEETING MINUTES — April 6, 2009 — Page 6 of 9 Is there the possibility of the City looking at what sort of su — what the trail's going to be made out of — before a trail is put in a floodplain? Is there any possibility in this code to go through and have that as part of the criteria? There are opportunities to introduce and apply green [environmentally friendly] trail criterion in the design development of any trail segment that the City may undertake. PUBLIC TESTIMONY CLOSED DELIBERATIONS President Inman said a floodplain is not necessarily a natural resource area so, potentially, we could be requiring wildlife assessments for a parking lot. She believes this is above and beyond other standards that are currently out there, and potentially onerous. She said she leans towards faith in CWS and other regulations as far as protecting resources and buffers - there's a dedicated public who will follow the development of the plan and will give input with regard to paths. That being said, she's not opposed to adding a wildlife assessment. The commissioners deliberated at length. MOTION After deliberations, there was a motion by Commissioner Muldoon, seconded by Commissioner Hasman: "I move we adopt DCA2008 -00005 Sensitive Lands Permit Requirement, selecting Option 3.c as amended April 6, 2009." The motion passed on a recorded vote - the Commissioners voted as follows: AYES: Commissioner Anderson, Commissioner Caffall, Commissioner Doherty, Commissioner Ha sman, Commissioner Inman, and Commissioner Muldoon (5) NAYS: Commissioner Walsh (1) ABSTAINERS: None (0) ABSENT: Commissioners Fishel and Vermilyea (2) PUBLIC HEARING CLOSED President Inman noted this will go to the 5/12/09 Council Business Meeting. 6. URBAN FORESTRY MASTERPLAN City Arborist, Todd Prager, said the slide presentation he was about to present highlights the packet that was distributed to the commissioners earlier. He encouraged them to review the PLANNING COMMISSION MEETING MINUTES — April 6, 2009 — Page 7 of 9 packet over the coming months to become familiar with the data that's been collected thus far for the Urban Forestry Master Plan. At this point he went over his slide presentation as an update of the Master Plan (Exhibit D). QUESTIONS FOR STAFF Why has the tree canopy decreased? Dick Bewersdorff, Planning Manager, answered, "There'd been more development in those years than we've ever had in Tigard." Prager added, "The fragmentation where the larger groves were being replaced with smaller individual plantings may indicate that the mitigation is helping to restore canopy in these residential zones." There were a few other questions and then the commissioners thanked Prager for a presentation they said was well done. 7. OTHER BUSINESS — Joint Meeting on April 21st — Tuesday — ideas for topics: The commissioners talked about some of the topics they may wish to discuss at that meeting. The consensus was that their main topic would be that of communication between the Council and the Commission; specifically, if Council chooses to over -ride one of their recommendations. They wondered what the plan is to communicate Council's reasoning as to why they disagree. Minutes: Planning Commission Bylaws - Article IV Section 12.E There was a decision to change the way the Commission considers /approves minutes. It was decided that, in light of the heretofore overlooked portion of the bylaws (below), in the future they would approve them differently than in the past. Article IV Section 12.E of the Planning Commission bylaws states: "Commissioners are expected to vote for approval of the minutes based on the accuracy of representation of events at the meeting. If there are no corrections, the President may declare the minutes approved as presented, without the need for a motion and vote. A vote in favor of adopting minutes does not signify agreement or disagreement with the Commission's actions memorialized in the minutes." So, if after asking if there are any corrections and, there being none, the President may declare the minutes "approved as presented" without the need for a motion and vote. PLANNING COMMISSION MEETING MINUTES — April 6, 2009 — Page 8 of 9 8. ADJOURNMENT President Inman adjourned the meeting at 9:26 p.m. Doreen Laughlin, Planning Commission Secretary ATTEST: President Jodie Inman PLANNING COMMISSION MEE'T'ING MINUTES — April 6, 2009 — Page 9 of 9 Agenda Item # Meeting Date May 19, 2009 COUNCIL AGENDA ITEM SUMMARY City Of Tigard, Oregon Issue /Agenda Title Briefing #1 on Tigard Transportation System Plan Update CG #1 & p C , G #2 Prepared By: Darien Wyss Dept Head Approval: ' ec"/ ,( Ci ty Mgr Approval: i l!Q � ISSUE BEFORE THE COUNCIL Receive briefing on Tigard Transportation System Plan Update. STAFF RECOMMENDATION Receive briefing and provide feedback. KEY FACTS AND INFORMATION SUMMARY The process to update the Tigard Transportation System Plan (TSP) began on January 1, 2009. Since the start date, the consultants, Kittelson & Associates, Inc., have been working on the first three tasks (see Attachment 1) and are preparing materials for the first round of public engagement. The materials include an issues report, draft transportation goals and policies, and existing conditions report. The first round of public engagement activities will take place in June and will include a meeting of the TSP Citizen Advisory Committee, the TSP Technical Advisory Committee, and a Public Forum. The Public Forum will be held on Wednesday June 24, 2009 in the Tigard Public Works Building Auditorium. It will be conducted so citizens can sit down with City staff and the consultants and ask questions, make suggestions, and request additional specific information. Additional public engagement opportunities will take place in September and November. Council may wish to start thinking about local transportation issues that will need to be addressed during the TSP update (see Attachment 2). Ultimately, the updated TSP must 1) ensure Tigard's vision for its transportation system meets community needs; 2) communicate the City's aspirations; and 3) conform to the Regional Transportation Plan and state laws and policies. To accomplish this will require close coordination with local, regional, and state governments. Staff will continue forward with bi- monthly briefings to the Planning Commission and City Council during the update of the TSP. Through these regular updates, staff will strive to provide decision - makers with sufficient data and facts to make comfortable and informed choices during the legislative adoption process that will occur in 2010. OTHER ALTERNATIVES CONSIDERED N/A CITY COUNCIL GOALS Goal 1: Implement the Comprehensive Plan Goal 2: Implement Downtown Urban Renewal LT Goal: Pursue Opportunities to Reduce Traffic Congestion in Tigard LT Goal: Seek to Improve 99W Corridor ATTACHMENT LIST 1. Tigard TSP Update Work Schedule 2. Memo from Mike McCarthy, Project Engineer FISCAL NOTES The Oregon Department of Transportation has committed $175,798 from its Transportation and Growth Management (TGM) program to update the Tigard Transportation System Plan (TSP). Kittelson & Associates, Inc. were contracted to perform the update. The City is required to provide an 11% match of staff time and materials. • Tigard Transportation System Plan Update Estimated Schedule of Deliverables Final Tigard Transportation System Plan Work Schedule Date:1 /31/09 Phase 1 Phase 2 January 2009 February 2009 March 2009 April 2009 May 2009 June 2009 July 2009 August 2009 September 2009 October 2009 November 2009 Task I Del (Description 1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4 1. Project Management, Regional Coordination and Public Involvement 1 A Work Schedule a`.F =! 1 B PMT Meeting # 1 = :, 2. Review Relevant Plans and Policies 2 A Background Info/Documents '3 2 B Draft Issues Report "'D 2 C Draft TSP Chapter 2 "'a , 0 3. Existing Conditions 3 A Draft TSP Chapter 3 3 B Final TSP Chapter 2 5..7. 3 C Final TSP Chapter 3 gL= Fg • .1 r __ t.�t 3 D Final Issues Report _.�_ gF 4. Needs and Deficiencies Analysis 4 A Draft Needs and Deficiencies Report 4 B CAC Meeting #1 ;: 4 C TAC Meeting 9 1 4 D TSP Public Forum # 1 1• • 7",c 4 E Final Needs and Deficiencies Report 7g0 5. Transportation System Solutions Reports and Financial Plan/Implementation 5 A Systems Solutions Report we , ,440, ' p 5 B Draft Facilities Plan 5 C Draft TSP Chapter 12 5 D CAC Meeting # 2 s•'' s ' 5 E TAC Meeting #2 5 F TSP Public Forum 9 2 5 G Final TM #4 and TM 65 . 6. Draft TSP and Refinement 6 A Draft Updated TSP • �.d 6 B Draft Implementation Strategies 6 C CIP Project List w - ", ., 6 D CAC Meeting # 3 6 E TAC Meeting # 3 6 F TSP Public Forum # 2 Gs l 6 G Adoption Draft Updated TSP 6 H City Council and Planning Commission D = Draft F = Final Ay 5/512009 ! � CD `� I Attachment 2 I II ®y`` MEMORANDUM TO: Mayor Dirksen and City Councilors Craig Prosser, City Manager FROM: Mike McCarthy, Project Engineeri��!��r?7/ RE: Transportation System Plan — Issues under Consideration DATE: 5/5/09 This year's update to our Transportation System Plan will document Tigard's policy framework and transportation priorities for the next few years. Some of the issues that will be under consideration are: A) Several streets and highways in Tigard currently have capacity problems. More congestion is forecast. To what extent should we expand these roads to meet demand? Or would the costs and impacts outweigh the benefits? Some examples are: a. Hwy 99W b. Scholls Ferry Road c. Greenburg Road (north of Hwy 217) d. Durham Road e. Bonita Road f. Upper Boones Ferry Road g. Hwy 217 h. Other major intersections i. Effects of traffic avoiding congestion B) The following roadway connections are in existing plans or recommendations. Does Tigard want to keep them in its Transportation System Plan? If we decide not to keep the connection as a road, would we want it as a pedestrian or bike connection? a. Extending Hall Blvd across the Tualatin River to Tualatin b. Extending Durham Rd under 1 -5 to 65th Ave in Lake Oswego c. A new `flyover' connection from Upper Boones Ferry Road over 72 Ave, the railroad, and Fanno Creek to Durham Road • d. Connecting Wall Street from Hall Blvd to Hunziker St, which would likely require a grade separated rail crossing e. Extending Walnut Street and Ash Avenue from Hwy 99W to Burnham St f. Ash Avenue connection from Burnham St across railroad to Commercial St g. Realigning Hunziker St across Hwy 217 to meet 72nd Ave at Hampton St h. Dartmouth Street Extension across Hwy 217 to Hunziker St or Hall Blvd i. Extending Nimbus Avenue south to Greenburg Road j. Extending Locust St through Washington Sq across Hwy 217 to Nimbus Ave k. Additional overcrossings of Hwy 217 near Washington Square C) What kind of transportation system will best help meet our community development aspirations in key focus areas? Examples are: a. Downtown b. Tigard Triangle c. Washington Square Regional Center d. Highway 99W Corridor D) The TSP Update gives us the opportunity to revise our standard street cross - sections. Would we want to make revisions to how local streets are developed? Possibilities include: a. Allowing narrower local streets in certain situations b. Different standards for downtown and other developing areas c. Neighborhood Street connectivity d. Connections to pathways and trails. Later this summer and fall, we will have more discussions as we work towards consensus on what to include in the Transportation System Plan. If you have specific questions or comments in the meantime, please feel free to contact me at 503 - 718 -2462 or Darren Wyss at 503 - 718 -2442. Agenda Item # 7 • Meeting Date May 19, 2009 COUNCIL AGENDA ITEM SUMMARY City Of Tigard, Oregon Issue /Agenda Title Briefing on Status of Periodic Review Work Program - CG Nos. 1 & 2 + two long term goals Prepared By: Darren Wyss Dept Head Approval: City Mgr Approval: V ISSUE BEFORE THE COUNCIL Receive update on DLCD's approval status of Tigard's Periodic Review Work Program. STAFF RECOMMENDATION Wait until the DLCD budget is finalized before requesting approval of the City's Periodic Review Work Program. KEY FACTS AND INFORMATION SUMMARY Periodically, cities and counties are required to evaluate their comprehensive plans and land use regulations through a process called periodic review (ORS 197.628 -644 and OAR 660, Division 25). On May 20, 2008, the Oregon Department of Land Conservation and Development (DLCD) notified the City of the commencement of periodic review for Tigard. Subsequently, the City completed the required land use regulations evaluation in November 2008, accepted comment on the evaluation at the November 19, 2008 meeting of the Tigard Committee for Citizen Involvement (CCI), and at the January 5, 2009 meeting of the Tigard Planning Commission. The City has also provided the opportunity for the Periodic Review Assistance Team (PRAT), comprised of state agencies and regional partners, to submit comments on the evaluation. Based on the City's evaluation and comments submitted by citizens and PRAT members, staff developed a periodic review work program, which was presented to City Council on January 27, 2009. At the meeting, Council approved the work program (see Attachment 1) and directed staff to submit the documents to DLCD. The next step in the process is for DLCD approval of the work program. However, based on the uncertainty of budget appropriations for periodic review assistance grants (Attachment 2), DLCD has temporarily suspended approving any additional work programs. This includes the City of Tigard work program. The result is the "three - year clock" to complete the work program will not begin. However, the City can begin working on tasks that are included in the work program and essential to meeting Council goals and community aspirations. For example, work has begun on the Tigard Transportation System Plan Update (funded by a Transportation and Growth Management grant) and the Public Facility Plan update will be completed by staff. Completing an Economic Opportunities Analysis is another task that will be important to future decisions. OTHER ALTERNATIVES CONSIDERED Direct staff, at this time, to request DLCD's approval of the City's Periodic Review Work Program. Approximately $35,000 is proposed in Community Development's FY2009 -10 budget for consultant services to help with this work. However; there is a possibility that the City could receive a Periodic Review Grant when DLCD's budget is finalized later this year, making the expenditure of City funds unnecessary. Thus, it is recommended to wait until DLCD's budget is finalized before committing to a Periodic Review work program. I: \LRPLN \Council Materials\ 2009 \5 -19 -09 PcriodicRcviewUpdatc AIS.docx CITY COUNCIL GOALS Goal 1: Implement the Comprehensive Plan Goal 2: Implement Downtown Urban Renewal LT Goal: Pursue Opportunities to Reduce Traffic Congestion in Tigard LT Goal: Seek to Improve 99W Corridor ATTACHMENT LIST 1. City of Tigard Periodic Review Work Program submitted to DLCD 2. DLCD Memo to LCDC FISCAL NOTES The primary fiscal expense to the City will be staff time and materials. If funded by the state legislature, the City will be eligible for Periodic Review Assistance Grants and Technical Assistance Grants awarded by the Oregon Department of Land Conservation and Development to fund the larger tasks identified in the work program (e.g. Economic Opportunity Analysis and Wellhead Protection Plan). If the grant funds are not available, the Long Range Planning Division has proposed $35,000 in the FY 2009 -10 budget for professional services to conduct an Economic Opportunities Analysis. The City previously secured a Transportation and Growth Management (TGM) grant to fund the task of updating the Tigard Transportation System Plan (to be completed in calendar year 2009). I: \LRPLN \Council Materials \ 2009 \ 5-19-09 PeriodicReviewUpdate AIS.docx 2 Attachment 1 City of Tigard Periodic Review Work Program January 30, 2009 NTGAiktil Task 1: Public Facility Planning (Statewide Land Use Planning Goal 11) 1. Develop a Public Facilities Plan in accordance with Statewide Land Use Planning Goal 11 and OAR 660 - 011 - 0010 -45. Revise cooperative and urban service agreements consistent with ORS 195 as appropriate. Address and inventory sanitary sewer, water, storm drainage, and park facilities; identify programmed and planned facilities, assess conditions Anticipated Completion Date: March 2010 2. Prepare hearing ready Comprehensive Plan Goal 11 element with conforming plan text amendments Anticipated Completion Date: March 2010 3. Prepare staff report and findings Anticipated Completion Date: April 2010 4. Council adoption of updated Public Facility Plan and conforming Plan text amendments Anticipated Completion Date: August 2010 Funding: City Staff Time Task 2: Incorporate Technical Analysis of Clackamas River Water Right Extension into Tigard Comprehensive Plan (Statewide Land Use Planning Goals 5 and 11) 1. Identify relevant technical analysis from Lake Oswego /Tigard water extension right granted by Oregon Water Resources Dept. (to be coordinated with Lake Oswego and WRD staff) Anticipated Completion Date: January 2010 2. Prepare staff report and findings Anticipated Completion Date: January 2010 3. Council adoption of technical analysis into Tigard Comprehensive Plan Anticipated Completion Date: January 2010 Funding: City Staff Time Task 3: Groundwater and ASR Protection (Statewide Land Use Planning Goals 5 and 11) • 1. Update Drinking Water Source Area maps Anticipated Completion Date: December 2009 2. Identification of potential contaminant sites Anticipated Completion Date: December 2009 3. Develop Wellhead Protection Plan Anticipated Completion Date: August 2010 4. Certification of Plan by Oregon Department of Human Services and Oregon Department of Environmental Quality Anticipated Completion Date: December 2010 Funding: City Staff Time, Technical Assistance from DHS and DEQ, Periodic Review Grant ($30,000) Task 4: Economic Opportunity Analysis (Statewide Land Use Planning Goal 9) 1. Conduct an Economic Opportunities Analysis (EOA) including a commercial and industrial lands inventory and needs analysis (examination of adequate supply of commercial and industrial land according to OAR 660 -009.) Address industrial and commercial land use needs projections; determine the amount necessary to meet commercial and industrial needs; revise commercial and industrial buildable lands inventory. Anticipated Completion Date: May 2010 2. Prepare final EOA meeting requirements of OAR 660 -009 -0015 Anticipated Completion Date: June 2010 3. Prepare hearing ready Comprehensive Plan Goal 9 element with conforming plan text amendments and staff report and findings(per OAR 660 - 009 -0020 to OAR 660 - 009 -0025) Anticipated Completion Date: August 2010 4. Council adoption of EOA and plan text amendments Anticipated Completion Date: December 2010 Funding: City Staff Time, Periodic Review Grant ($30,000) Task 5: Transportation System Plan Update (Statewide Land Use Planning Goal 12) 1. Update Tigard's Transportation System Plan and prepare staff report and findings (per OAR 660 Division 12) Anticipated Completion Date: February 2010 2. Council adoption of updated TSP and conforming Plan /code text amendments Anticipated Completion Date: June 2010 Funding: City Staff Time, TGM grant awarded to City for completion of update during the 2009 calendar year Task 6: Population and Housing Review (Statewide Land Use Planning Goals 10) 1. Participate in the Metro "Making the Greatest Place" process to update population and employment projections Anticipated Completion Date: August 2009 2. Review household income data and housing policies of comprehensive plan for consistency Anticipated Completion Date: August 2009 3. Compare new housing costs and household incomes Anticipated Completion Date: August 2009 4. Review residential development /design standards and development processes /standards for reflection of community vision Anticipated Completion Date: August 2009 5. Evaluate ordinances for compliance with Fair Housing Act and state manufactured home statute Anticipated Completion Date: August 2009 6. Evaluate duplex lot size allowed in single family zoning to ensure consistency with comprehensive plan designations Anticipated Completion Date: August 2009 7. Review housing needs of low income and special needs population and develop strategies to meet needs Anticipated Completion Date: August 2009 8. Prepare staff report and findings for necessary code /plan updates Anticipated Completion Date: February 2010 9. Council adoption of code /plan updates Anticipated Completion Date: February 2010 Funding: City Staff Time, Metro Assistance Task 7: Community Development Code Update: Table 320.1 (Statewide Land Use Planning Goal 14) 1. Research and data collection Anticipated Completion Date: August 2009 2. Prepare staff report and findings Anticipated Completion Date: August 2009 3. Council adoption of amended Community Development Code text Anticipated Completion Date: December 2009 Funding: City Staff Time Task 8: DEQ Hazardous Site Database (Statewide Land Use Planning Goal 6) 1. Revise Land Use Application to include provision to submit DEQ database search results for property under consideration. Anticipated Completion Date: August 2009 Funding: City Staff Time Attachment 2 .r. F A. ,.. ` ,' ' : < Department of Land Conservation and Development '. 635 C St NE S ui t e 150 I" •• * Salem, OR 97301 -2540 • / Theodore R. Kulongoski Governor (503) 373-0050 i 9 / Fax (503) 378 -5518 Oregon.gov /Icd March 9, 2009 qui TO: Land Conservation and Development Commission FROM: Richard Whitman, Director Darren Nichols, Community Services Division Manager SUBJECT: Agenda Item 2a, March 11 -13, 2009 LCDC Meeting PERIODIC REVIEW SCHEDULE AMENDMENT I. AGENDA ITEM SUMMARY A. Type of Action and Commission Role The commission will be asked to amend the schedule for bringing additional cities into periodic review during the 2007 -09 and during the 2009 -2011 biennium, based on statutory considerations, current budget conditions, and a recommendation from staff. B. Staff Contact Information For additional information on this agenda item, contact Darren Nichols, Community Services Division Manager, at (503) 373 -0050, ext. 255 or at Darren.Nichols @i)state.or.us II. SUMMARY OF RECOMMENDED ACTION Staff recommends that the commission suspend its previously approved periodic review schedule for the 2007 -09 biennium until the commission and the department can review and assess the department's general fund grants budget for the 2009 -2011 biennium. III. BACKGROUND The Commission approved a schedule at its October 2008 meeting (Enterprise) that included twenty one (21) cities to receive notice to begin periodic review during 2007 -2009 and 2009- 2011 (see Attachment B). Following the Commission's adoption of that schedule, the department Agenda Item 2a March 11 -13, 2009 LCDC Meeting Page 2 of 3 sent notice to nine cities. An additional six cities are scheduled to receive notice in April 2009; the remaining six cities are slated to receive notice at some point during 2009 -2011. In order to assist cities starting periodic review during the 2007 -2009 biennium the commission and the department agreed to provide roughly half of the department's general fund grants budget for periodic review work tasks. To that end the department reserved a significant portion of funds for cities completing plan evaluations and work programs. As you may recall, several cities took longer than expected to develop work programs including five cities that requested an extension for work program submittal. A few cities utilized periodic review grant funds but the majority are still working to complete an approved work program and did not request grant assistance. ORS 197.629 (Attachment D) authorizes the commission to "...establish and maintain a schedule for periodic review of comprehensive plans and land use regulations." IV. DEPARTMENT RESOURCES Since the commission's last formal discussion of periodic review, national, state and local budgets suffered significant revenue shortfalls. In response to those shortfalls and in order to balance Oregon's current budget, the legislature recently disappropriated DLCD's remaining grant funds of approximately $585,000. Those funds were reserved in large part to fund upcoming periodic review work tasks.1 The disappropriation clearly has implications for the current biennium. Cities completing a periodic review work program will not be able to use DLCD resources for periodic review work tasks between now and June 2009. Because most local budgets are significantly reduced, those cities will not likely begin or will begin only a portion of work tasks this biennium. The likely effect is that those cities currently in periodic review will request greater grant assistance in the 2009 -2011 biennium. The 2009 -2011 grants budget, however, is also pending legislative budget approval. In establishing the initial periodic review schedule, the commission expressed concern about the department's ability to provide adequate resources for the number of cities in periodic review. At that time, department staff felt confident that 21 cities could successfully complete periodic review at then - current resource and staffing levels within the two biennia period. Following recent budget concerns, however, that confidence has waned. In fact, starting six cities in April 2009 and an additional six cities in 2009 -2011 without the certainty of grant assistance from department is not advisable at this point until we know more about the level of funding available for general fund grants in 2009 -2011. 1 The $585,000 represents funds not yet under contract. Existing grant contracts are not impacted by the disappropriation. Agenda Item 2a March 11 -13, 2009 LCDC Meeting Page 3 of 3 V. CONCLUSION, RECOMMENDATION AND MOTION The department recommends the commission suspend its previously approved periodic review schedule for new cities and for requests for voluntary periodic review until the commission and the department can further assess the department's ability to assist with periodic review work tasks during the 2009 -2011 biennium. The director further recommends that the commission direct staff to follow up on the status of department resources as soon as the department knows the likely extent of resources available for the coming biennium. The department recommends that the commission support the Director's recommendation to revise the commission's previously adopted Periodic Review schedule for the 2007 -2009 / 2009- 2011 biennia to suspend the initiation of new periodic review work programs until the department and commission have opportunity to discuss DLCD budget for 2009 -2011. Proposed Motion: I move that the commission suspend initiation of any new periodic review work programs until department staff are prepared to discuss with the commission DLCD's likely ability to assist with the completion of any existing and new periodic reviews; or Alternative Motion (1): I move that the commission direct staff to continue to implement the commission's current periodic review schedule utilizing existing department resources; or Attachments: A. Proposed Revised Periodic Review Schedule B. Existing Periodic Review Schedule C. Analysis of Cuts to Grants Program D. ORS 197.629 to 197.636 re: commission authority in periodic review