Loading...
City Council Packet - 01/02/2018 illli * 41 City of Tigard Tigard Business Meeting—Agenda TIGARD TIGARD CITY COUNCIL MEETING DATE AND TIME: January 2,2018-6:30 p.m.Business Meeting MEETING LOCATION: City of Tigard-Town Hall- 13125 SW Hall Blvd.,Tigard,OR 97223 PUBLIC NOTICE: Anyone wishing to speak on an agenda item should sign on the appropriate sign-up sheet(s). If no sheet is available,ask to be recognized by the Mayor at the beginning of that agenda item. Citizen Communication items are asked to be two minutes or less. Longer matters can be set for a future Agenda by contacting either the Mayor or the City Manager. Times noted are estimated;it is recommended that persons interested in testifying be present by 7:15 p.m. to sign in on the testimony sign-in sheet. Business agenda items can be heard in any order after 7:30 p.m. Assistive Listening Devices are available for persons with impaired hearing and should be scheduled for Council meetings by noon on the Monday prior to the Council meeting. Please call 503-718-2419, (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: 503-718-2410 (voice) or 503-684-2772 (TDD -Telecommunications Devices for the Deaf). SEE ATTACHED AGENDA VIEW LIVE VIDEO STREAMING ONLINE: http://live.tigard-or.gov CABLE VIEWERS:The regular City Council meeting is shown live on Channel 28 at 7:30 p.m.The meeting will be rebroadcast at the following times on Channel 28: Thursday 6:00 p.m. Sunday 11:00 a.m. Friday 10:00 p.m. Monday 6:00 a.m. City of Tigard TIGARD Tigard Business Meeting—Agenda • , TIGARD CITY COUNCIL MEETING DATE AND TIME: January 2,2018-6:30 p.m.Business Meeting MEETING LOCATION: City of Tigard-Town Hall- 13125 SW Hall Blvd.,Tigard, OR 97223 6:30 PM 1. BUSINESS MEETING A. Call to Order B. Roll Call C. Pledge of Allegiance D. Call to Council and Staff for Non-Agenda Items 2. CITIZEN COMMUNICATION (Two Minutes or Less,Please) A. Follow-up to Previous Citizen Communication B. Citizen Communication—Sign Up Sheet 3. CONSENT AGENDA: (Tigard City Council).These items are considered routine and may be enacted in one motion without separate discussion.Anyone may request that an item be removed by motion for discussion and separate action. Motion to: A. CONSIDER RESOLUTION WAIVING TEMPORARY SIGN PERMIT FEES FOR SOUTHWEST METRO BABE RUTH BASEBALL B. APPROVE CITY COUNCIL MINUTES: *October 17,2017 *October 24,2017 •November 14,2017 •Consent Agenda-Items Removed for Separate Discussion:Any items requested to be removed from the Consent Agenda for separate discussion will be considered immediately after the Council/City Center Development Agency has voted on those items which do not need discussion. 4. APPOINTMENT OF TIGARD TRANSPORTATION ADVISORY MEMBERS 6:35 p.m. estimated time 5. LEGISLATIVE PUBLIC HEARING: CONSIDER AMENDMENTS TO TMC CHAPTERS 10.28 PARKING AND 7.60 ABANDONED VEHICLES 6:40 p.m. estimated time 6. NON AGENDA ITEMS 7. EXECUTIVE SESSION: The Tigard City Council may go into Executive Session. If an Executive Session is called to order,the appropriate ORS citation will be announced identifying the applicable statute.All discussions are confidential and those present may disclose nothing from the Session. Representatives of the news media are allowed to attend Executive Sessions,as provided by ORS 192.660(4),but must not disclose any information discussed. No Executive Session may be held for the purpose of taking any final action or making any final decision. Executive Sessions are closed to the public. 8. ADJOURNMENT 7:20 p.m. estimated time AGENDA ITEM NO. 2 B - CITIZEN COMMUNICATION DATE: January 2, 2018 (Limited to 2 minutes or less,please) The Council wishes to hear from you on other issues not on the agenda and items on the agenda, but asks that you first try to resolve your concerns through staff. This is a City of Tigard public meeting, subject to the State of Oregon's public meeting and records laws. All written and oral testimony becomes part of the public record The names and addresses of persons who attend or participate in City of Tigard public meetings will be included in the meeting minutes, which is a public record NAME,ADDRESS & PHONE TOPIC STAFF Please Print CONTACTED Name: Also,please spell your name as it sounds,if it will help the presiding officer pronounce: Address City State Zip AN-Q Phone No. J Name: Also,please spell your name as it sounds,if it will I�, help the presiding officer pronounce: Address City State Zip Phone No. Name: Also,please spell your name as it sounds,if it will help the presiding officer pronounce: Address City State Zip Phone No. CITIZEN COMMUNICATION I:\ADM\CITY RECORDERS\000 City Recorder-Records Resources and Policies\CCSignup\2018\citizen communication 180102.doc AIS-3380 3.A. Business Meeting One Meeting Date: 01/02/2018 Length (in minutes): Consent Item Agenda Title: Consider Resolution Waiving Temporary Sign Permit fees for Southwest Metro Babe Ruth Baseball Prepared For: Liz Lutz Submitted By: Liz Lutz, Finance and Information Services Item Type: Motion Requested Meeting Type: Consent Resolution Agenda Public Hearing No Newspaper Legal Ad Required?: Public Hearing Publication Date in Newspaper: Information ISSUE Does the Tigard City Council find the benefit to the community of waiving the temporary sign permit fees for the Southwest Metro Babe Ruth Baseball to hang four banners outweigh the $256 financial hardship to the city? STAFF RECOMMENDATION / ACTION REQUEST Consider Resolution waiving$256 of permit fees for the Southwest Metro Babe Ruth Baseball. KEY FACTS AND INFORMATION SUMMARY On December 4,2017,John Aiello from Southwest Metro Babe Ruth Baseball emailed the city to request a waiver of permit fees charged to hang four banners (text of email attached).According to the Master Fees and Charges Schedule,Temporary Sign Permits are$64 per sign.They are requesting the city waive fees for four signs,totaling a fee waiver of$256. The Tigard Municipal Code Section 3.32.070 authorizes council to waive fees for non-profits. The text of the TMC is as follows: 3.32.070 Exemptions.The City Council is authorized to waive or exempt the fee or charge imposed upon an application or for the use of city facilities and services,if a nonprofit organization requests such a waiver in writing and the council determines that community benefit for the proposed activity outweighs the financial burden on the city.The waiver or exemption shall not excuse the nonprofit organization from compliance with other requirements of this code. Southwest Metro Babe Ruth Baseball is a qualifying non-profit. They have made their request to waive fees in writing. If council determines that the benefit to the community outweighs the loss of$256 in permit fees, then council is authorized to waive the fees. OTHER ALTERNATIVES City Council could deny the request. COUNCIL OR CCDA GOALS, POLICIES,MASTER PLANS Tigard citizens are involved in the community and participate effectively. Programs and activities are available in the community to meet the needs of a diverse population. DATES OF PREVIOUS CONSIDERATION The Tigard City Council approved the waiver of four banners for the Southwest Metro Babe Ruth Baseball on December 20,2016. Fiscal Impact Cost: $256 Budgeted (yes or no): No Where Budgeted (department/program): NA Additional Fiscal Notes: Approval of this resolution will reduce the City of Tigard General Fund revenues by$256. Attachments Resolution Request Letter CITY OF TIGARD, OREGON TIGARD CITY COUNCIL RESOLUTION NO. 18- A RESOLUTION WAIVING $256 IN LEMPORARY SIGN PERMIT FEES FOR SOUTHWEST ME FRO BABE RUTH BASEBALL WHEREAS,Tigard Municipal Code 3.32.070 authorized City Council to waive fees for nonprofits when the request is made in writing and council determines that the community benefit outweighs the financial burden to the city;and WHEREAS, Southwest Babe Ruth Baseball has requested in writing the waiver of fees for four temporary sign permits;and WHEREAS,the Master Fees and Charges Schedule states that the fee for temporary sign permits is $64 per sign for 30 days and WHEREAS,council determines that the community benefit outweighs the $256 financial burden to the city. NOW,THEREFORE,BE IT RESOLVED by the Tigard City Council that: SECTION 1: Southwest Metro Babe Ruth Baseball receives a waiver of$256 in temporary sign permit fees. SECTION 2: This resolution is effective immediately upon passage. PASSED: This day of 2018. Mayor-City of Tigard A'F1'LST: City Recorder-City of Tigard RESOLUTION NO. 18- Page 1 BABE R Southwest Metro Babe Ruth Baseball .�. EB December 4th,2017 To Whom It May Concern, I am the President for Southwest Metro Babe Ruth,previously known as Tigard-Tualatin Babe Ruth. We are a local non- profit and 50I c(3). We are respectfully requesting a waiver for our four advertising banners. Three of the banners are 5'X3' and one banner is 6'X3'. We will be placing one banner at Tigard High School on the Durham St.fence,one at Fowler Middle School field on the Walnut St.fence,one on the Twality Middle School fence with their permission and the fourth banners placement will be determined by January 1,2018. The waiver would be for 4 permits at$63 each for a total of$252. We will most likely prefer to hang our banners on a date to be determined at a later time,but for no more than 30 days. Babe Ruth has been an active partner in the Tigard community and has partnered with many local companies to continue to offer a safe,healthy and fun venue for boys and young men. We are committed to our community,neighbors,local businesses,partners and our boys and young men. We provide scholarships for registration and uniforms each year to many families that would not be able to participate otherwise. We hope that you will grant our request for the$252 waiver. Thank you for your consideration. John Aiello Southwest Metro Babe Ruth President 971-295-9092 AIS-3382 3. B. Business Meeting One Meeting Date: 01/02/2018 Length (in minutes): Consent Item Agenda Title: Approve City Council Meeting Minutes Submitted By: Kelly Burgoyne, Central Services Item Type: Motion Requested Meeting Type: Consent Agenda Public Hearing: No Publication Date: Information ISSUE Approve City Council meeting minutes. STAFF RECOMMENDATION / ACTION REQUEST Approve minutes as submitted. KEY FACTS AND INFORMATION SUMMARY Attached council minutes are submitted for City Council approval: •October 17, 2017 • October 24, 2017 •November 14, 2017 OTHER ALTERNATIVES N/A COUNCIL GOALS, POLICIES, APPROVED MASTER PLANS N/A DATES OF PREVIOUS COUNCIL CONSIDERATION N/A Attachments October 17,2017 Minutes October 24,2017 Minutes November 14,2017 Minutes 1111 1111 City of Tigard Tigard City Council Meeting Minutes TIGARD October 17, 2017 El 1. BUSINESS/WORKSHOP MEETING A. At 6:30 p.m. Mayor Cook called to order the City Council,Town Center Development Agency and Local Contract Review Board meeting. B. City Recorder Krager called the roll. Present Absent Council President Snider ✓ Councilor Woodard ✓ Councilor Anderson ✓ Mayor Cook ✓ Councilor Goodhouse ✓ C. Mayor Cook asked everyone to stand and join him in the Pledge of Allegiance. D. Call to Council and Staff for Non-Agenda Items—None 2. CITIZEN COMMUNICATION A. Follow-up to Previous Citizen Communication—City Manager Wine said a letter was received from neighbors on 100th Avenue who had strong safety concerns. Monday night, Police and Public Works staff held a neighborhood meeting and heard concerns and recommendations. The city will continue evaluating whether a resolution to neighborhood concerns involves a built solution or an enforcement solution. Council has not heard directly from 100th Avenue neighbors at council meetings but there have been years of correspondence about traffic issues on this street. B. Tigard High School Envoy—Tigard High Associated Student Body Vice-President Sierra Kruse updated council on activities and events at the high school. She reported on the welcome back breakfast for staff. An open mic night featured poetry and other concert items. Two thousand positive-thought notes were placed in textbooks distributed to students. A redefined mental health conversation was held that included music and an art show. The marching band swept all categories at the Southridge competition. The Homecoming parade will be held October 20 and the dance on the October 21. TIGARD CITY COUNCIL MEETING MINUTES — October 17, 2017 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov 1 Page 1 of 13 C. Tigard Chamber of Commerce—CEO Mollahan gave updates on Chamber activities. The Leadership Tigard class focused on history, culture and diversity day with a program at the library, a visit from the Washington County Travelling history museum, and a tour of the John Tigard House. Mayor Cook gave a 1960s forward history update. The 2017 class helped with project Homeless Connect last weekend and 118 participants were served. October 29 will be last Tigard Farmers Market day for the year and features trick or treating with vendors. They are looking at off-season craft and gardening classes. The Tigard Downtown Affiance reports that the Downtown Tigard Street Fair was a huge success with 170 vendors and an estimated 7500 attendees. Trick or Treat on Main Street,is from 4-6 p.m. on October 31. Mayor Cook mentioned the Howloween dog costume contest at Potso Dog Park on Saturday; October 29;registration is at 10:30 a.m. and the contest starts at 11:00. D. Citizen Communication— No one signed up to speak. 3. CONSENT AGENDA: (Tigard City Council) — A. RECEIVE AND FILE: 1. Council Calendar 2. Council Tentative Agenda for Future Meeting Topics B. APPROVE CITY COUNCIL MEETING MINUTES • August 8,2017 • September 12,2017 Councilor Woodard moved for approval of the Consent Agenda and Council President Snider seconded the motion. Mayor Cook conducted a vote and the motion to approve the Consent Agenda passed unanimously. Yes No Council President Snider ✓ Councilor Woodard ✓ Councilor Anderson V Mayor Cook ✓ Councilor Goodhouse ✓ Mayor Cook called the Town Center Development Agency to order. TIGARD CITY COUNCIL MEETING MINUTES — October 17, 2017 City of Tigard I 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 2 of 13 4. TOWN CENTER DEVELOPMENT AGENCY -JOINT MEETING WITH TOWN CENTER ADVISORY COMMISSION Redevelopment Project Manager Farrelly said the Town Center Advisory Commission is a group of volunteers that makes recommendations on urban renewal policy,budget and implementation to the Town Center Development Agency. He showed a slide of the Urban Renewal Plan Priorities for the City Center for 2017-2022. • Plazas and Public Spaces • Public Restrooms (hopefully in the Tigard Heritage Trail area) • Improvement Programs (facade,interior, etc.) Tigard Cleaners and Kepler Upholstery are recent awardees and are in the process of facade improvements. • Planning and Development Assistance (focus on workforce and affordable housing) • Property Acquisition (land banking for redevelopment) • Streetscape Improvements Mr. Farrelly said projects already underway in the current Capital Improvement Plan (CIP) include Main Street Green Street,Fanno Creek Remeander and Bridge Replacement,and Commercial Street Sidewalk (Main Street to Lincoln Street). He said the TCAC members will present an update of current and future activities. TCAC Chair Arendes shared with the TCDA what has been going on and what they are working on currently in the downtown. She mentioned this is their last downtown-exclusive discussion and they look forward to working on the Tigard Triangle urban renewal area. Many fun summer events happened downtown and more are planned for fall. The Saxony property on Fanno Creek was demolished and the site is being cleaned up,making it a wonderful commercial use opportunity. She said there is a lot of private investment that the TCAC can assist with. Recent projects include the new sidewalk dining in front of the Beach Hut, and the Tigard Tap House ADA accessibility and addition. The TCAC spent some time learning about walking and parking in the downtown area and have been tracking the development of managed public parking policies,which are important for the downtown. She said they are well situated to keep the ball rolling and get more new and exciting things happening in the downtown,but there is always room for improvement and TCAC members will discuss some ideas tonight. Co-Chair Rogers spoke about the TCAC's year-end recommendations which are centered around creating a destination to encourage people to come downtown more frequently and throughout the entire day. She said the city needs to continue to invest in projects that activate the entire Main Street corridor. There needs to be a balance of shopping,living, dining and activities. The Facade Improvement program makes businesses more inviting and gets people's attention as they move through downtown. Dining opportunities,whether brick and mortar or food carts,bring people downtown more often.The TCAC wants additional housing options,especially affordable housing. Plazas would enable concerts and movies. The TCAC has learned that providing an interesting and safe walking experience is what makes people want to come downtown. One idea is an LQC (lighter, quicker,cheaper) project to provide lighting on the Fanno Creek trail and parking lots. Prominent directional signage that points people to parking or destinations is key as are parking lot improvements. Some downtown parking lots are partially paved or only have one access point. TIGARD CITY COUNCIL MEETING MINUTES — October 17, 2017 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov 1 Page 3 of 13 From a CIP perspective the TCAC prioritizes walking safely citywide, especially in downtown,but they recognize this is a citywide issue. There was a recommendation in 2015 to work on Hall Boulevard sidewalk gaps yet these still exist, hindering those who want to travel to downtown by walking or biking. TCAC Member Myshak said the SW Corridor is a big part of the city's future and is a topic a number of TCAC committee members take an interest in. Not only does it relate to their roles in the urban renewal district but it impacts their community as a whole with route choice,impacts on businesses, neighborhoods and affordable housing. He said TCAC members are active in planning and educating themselves about the SW Corridor through participation on the SW Corridor Community Advisory Committee,affordable housing events,land use initiative program and the Tigard Downtown Affiance tour of the Milwaukie Max line. The TTAC sees the benefit in connecting the two urban renewal districts by bringing the Max line through the Tigard Triangle with multiple stops and tying it into downtown Tigard near the transit center station. This route will allow the city to partner with Metro,TriMet,local businesses, developers, community leaders and affordable housing experts to best utilize our tax increment financing to better build the local economy. He said the Tigard Triangle footprint is the same size as the core downtown Portland area and this significant size means the TTAC feels that multiple stops in the Triangle are crucial. Bringing the Max to the downtown will connect these two growing areas and provide residents and the work force with multiple convenient access points to mass transportation modes to travel to a variety of destinations. Not connecting the MAX line to these other modes of transportation would make the line disjointed and inconvenient for riders wanting to transfer to other modes. The SW Corridor project also gives the city opportunities and potential funding to address the lack of affordable housing. Building affordable housing near Max stations has a benefit to those living there to connect to grocery stores in the Triangle, and access to the post office,banking, drug stores, restaurants and other amenities provided in the downtown. TCAC Member Shavey spoke about the Tigard Street Heritage Trail Outdoor Museum. He said this was the place to spend the downtown funds from the parks bond on a new city center. He said Rotary Plaza will be a great area for people to gather for festivals, events, eat or meet friends for coffee and enjoy the downtown together. He said the city has already received a Rotary Peace Pole and clock and suggested finding individuals, families, church groups and organizations to donate and participate in transforming this area. He mentioned that so far, two Rotary groups, the American Legion, Downtown Tigard Affiance, Chamber of Commerce and many residents are already participating. The TCAC supports finding a way to fund public restrooms and a small water feature for this area. He asked Chair Cook for a photo he has of a small water feature. Mr. Shavey added that work on the design documents is 30 percent complete and basic construction work on the trail and plaza will be complete next summer. $150,000 in urban renewal funds will help build Rotary Plaza. He gave TCDA members some written material that has been added to the packet for this meeting. TCAC Member Pinzon-Marin added that the TCAC wants to ensure that projects, development and investments prioritize equity in terms of both housing and business,making sure that Tigardians of all backgrounds can benefit and have access. She said this potentially includes looking at unique business opportunities such as reserving space for micro enterprises. TIGARD CITY COUNCIL MEETING MINUTES — October 17, 2017 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov 1 Page 4 of 13 Chair Arendes said TCAC Member Pinzon-Marin made a good point that there are a lot of opportunities for people that already call Tigard home as we move forward developing these areas but there are also some risks and the TCAC wants to make sure that everyone who lives here benefits from the growth. She said a balance is needed between giving Tigard Triangle all it is due while still keeping an eye on the downtown Tigard ball. She said they were interested in hearing suggestions and ideas from the TCDA. Director Snider referred to Ms. Pinzon-Marin's points and asked if the TCAC intended to make specific recommendations on actions the city could take on those points. Chair Arendes said they can work on that and Director Snider asked that it be something that is taken on for next year's goals so the city has some action recommendations. Chair Cook followed up on some funding comments. He said as part of the SW Corridor there will be regional funds as well as federal funds. In November of 2018 or 2020 the region will be asked to help fund the SW Corridor and the way that funding currently stands is there will also be funds that will go towards other regionally significant road projects in the three counties. In Washington County,Tigard's portion is planned to be used on Hall Boulevard from Greenburg Road all the way to Durham Road, even though part of that is not in the city. In addition,part of Beaverton's money would also go towards Hall as it continues into Beaverton. He noted that many citizens think the city is ignoring Hall Boulevard but it is a state highway and not the city's responsibility. ODOT maintenance prioritizes Highway 217 or 99W, so Hall often falls off the funding list. It is an "orphan highway" that Tigard could take over as soon as one year from now. Chair Cook said the road projects must be shovel-ready and be built within 5-7 years. He noted that fixing Hall Boulevard is about a $19 million project and he wanted the TCAC to know there is some progress being made on this. Director Woodard said the TCAC goals are on the right track. He said activation of space is the biggest issue. There is a Rotary Plaza but it is a small area and there is another opportunity in the downtown that could also be used for a public use space. He noted that at the National Park and Recreation Association Conference it was discussed that kids activate spaces and while splash pads are all right, outdoor gyms are the big thing now. Placing quad press machines so users are facing each other makes it a social activity. This costs less than a building to house the equipment. There can be spots for active adults and individuals in wheelchairs. There is equipment for all ages and abilities that can be placed in an outdoor,public space. He suggested that TCAC talk to the Park and Recreation Advisory Board and share the plaza ideas with them. Director Woodard said the League of Oregon Cities said educational dollars are available by partnering with schools,perhaps for an after-school program that uses this equipment and emphasizes outdoor fitness. TCAC Member Shavey said he would like to discuss this further with Director Woodard. Director Anderson said what he would like to see is more going on in the downtown at night and on weekends. These times are when the downtown is underutilized. He said with urban renewal you start with housing first and once that is in place we can start attracting restaurants and nightclubs. Redevelopment Project Manager Farrelly said the TCAC is currently recruiting for new members. Applications are due November 13, 2017. TIGARD CITY COUNCIL MEETING MINUTES — October 17, 2017 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 5 of 13 Chair Cook reconvened the Tigard City Council for the remainder of the meeting. 5. QUASI-JUDICIAL PUBLIC HEARING—REMAND OF BASE CAMP LLC LAND USE APPLICATION A. Mayor Cook opened the public hearing. B. City Attorney Rihala read the hearing procedures, a copy of which has been added to the packet for this meeting. C. Mayor Cook asked the members of council if they had any conflicts of interest or ex parte contact. There was none. D. Mayor Cook asked the audience if anyone challenges any of the council member's participation. There was none. E. Assistant Community Development Director McGuire and City Attorney Rihala gave the staff report. This involves a land use case the council reviewed and approved last November for a medical office building near the corner of 72nd and Dartmouth Street. A number of issues arose including whether an extension of Elmhurst Street onto property owned by a different property owner south of the site was a requirement of the Development Code. Based on findings and testimony,the council decided that the extension was not required and approved the application. The neighboring property owner appealed that decision to the Land Use Board of Appeals (LUBA). LUBA had several options; they could have accepted the city council's decision or overturned it. In this case, they held a hearing and picked out two specific criteria that they felt needed more information which would create stronger findings. It was remanded back to the city to give an opportunity to strengthen the findings. Staff prepared alternate findings for council review and approval. These findings better support staff's initial belief that the applicant is not required to extend the street. The findings are extremely detailed now and document the basis for the decision. Councilor Woodard asked for clarification on the Community Development Code section that is applicable and Mr. McGuire stated it was CDC 18.620.020. LUBA also cited 18.810.030.1.1 but staff finds that those two sections are in conflict and it states in the Triangle Plan District Chapter that when there is a conflict the Triangle standards rule. Council President Snider asked if those were in place when this applicant applied and Mr. McGuire said yes. Assistant Community Development Director McGuire noted that staff received a letter from the applicant for the record and this was distributed to council prior to the hearing. Councilor Woodard asked a question about connectivity and Mr. McGuire said the current Transportation System Plan has no connection required to Elmhurst Street. Mayor Cook asked staff to summarize the differences between the original findings and the current ones and asked how the findings are being strengthened. Assistant Community Development Director McGuire said we are asking LUBA to eliminate previous findings and replace them with the current ones. It is not so much that it is different but we are more clear and specific this time around. TIGARD CITY COUNCIL MEETING MINUTES — October 17, 2017 City of Tigard 113125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 6 of 13 City Attorney Rihala said the conclusion that the street connection was not required existed in the previous decision as well but the strengthened findings clarify the code provisions on which the city is relying. LUBA identified gaps in the prior findings and this fills in those gaps with eight pages of findings. Councilor Woodard noted the term, "slip opinion" and asked for a definition. City Attorney Rihala said that is a LUBA citation. Before the LUBA opinions are codified in their book they are called slip opinions. F. Applicant Testimony—Dana Krawczuk from Perkins Coie, 1120 NW Couch,Portland, OR 97209 testified. She said there is no change in what council decided in November of 2016;it was only why or how council made the decision. LUBA did not say the city was wrong;it just said please explain a little bit better. She said the findings are comprehensive and make alternative arguments because LUBA can be very picky in its analysis. Staff came up with alternatives and that is why there were so many pages of findings. The critical point is that the findings clarify some of the facts.The crux of the issue is that because there is no street to connect to, a street is not required. But there is a pedestrian connection required so connectivity is achieved in that way. She said the Lean Code is not applicable to this application because it was filed before the Lean Code was adopted. But it shows the direction the city is going in and the map adopted under the Lean Code does not show a street connection at Elmhurst. So the decision has been made through a different form with this map. Ms. Krawczuk said she was not sure if opposition will continue and they are perplexed as to why opposition is occurring. The findings are very clear that because there is no road there is no connection required for this project or to subsequent projects when there is no 74t Avenue. She said they are interested to hear if opposition will continue. Compass Oncology is very interested in the site and work has begun on the site. They are very interested in providing high-quality cancer care and high-wage jobs and this is what their letter of support says. She said their representatives are present if anyone had questions. G. Bill Kabeiseman,Bateman Seidel, 888 SW Fifth Street, Suite 1250,Portland, OR, said he represents Gordon R. Martin,Trustee of Tri-County Center Trust which owns several properties adjacent to this site. He said they opposed it last time,took it to LUBA and are back here again. He had written materials he would distribute after his testimony. He mentioned that this matter was remanded in July and he and his client heard nothing from the city until last Wednesday and the deadline for submittal into the meeting packet was Thursday. They had limited opportunity to go through the findings and submit written comments in time. He referred to an earlier discussion with the Tigard Town Center Advisory Commission tonight about urban renewal and the SW Corridor and they discussed the connectivity and amount of use in the Triangle. A TCAC Commissioner noted that the Triangle is the same size as downtown Portland. Downtown Portland's block connectivity is 200 feet. This is 900 feet if this does not change. He asked that council keep this in mind. Mr. Kabeiseman said they attempted to resolve issues with the applicant during the summer and had extensive discussions but were not able to do so. When his client first looked at this TIGARD CITY COUNCIL MEETING MINUTES — October 17, 2017 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov 1 Page 7 of 13 application he had no intention of objecting to the development,but he also assumed the city would follow its code He read from the supplemental findings, "Given the street layout in the Tigard Triangle, the local street spacing standard would require a new public street extension of SW Elmhurst Street west of 72°d Avenue." He continued, "You said, and we would agree with you, that the street spacing standards would require that." It is over 900 feet from Dartmouth down to Hermosa. The maximum is 530 under 18.810 or 660 under 18.620. He said they do not conflict because you can comply with both. LUBA agreed with that. They said the 900 foot street separation does not comply with CDC 18.810.H.1. Both the city and LUBA say the way this current layout happened is not consistent with the code. The staff findings have the same issue and will be rejected again if this goes back to LUBA. Mr. Kabeiseman said they do not want to go there and do not think they should. Mr. Kabeiseman suggested that council should back up and look at the approach staff took to strengthen their findings, saying it is the wrong approach. The city should look at the street connection findings, ask what they want to do there and how to make it work. He pointed to the Tigard Triangle Strategic Plan which shows this street connection. He acknowledged it is not part of the Tigard's Comprehensive Plan,yet the street is also shown in the Tigard Triangle Urban Renewal Plan as Transportation Project No. 2, 74`h Avenue running from 99W all the way down to Beveland and Hermosa. He said it is not part of the Comprehensive Plan but that is not critical. The code implements the plan. Your code says street connections no more than 530 feet in distance are needed. In Tigard there are any number of streets that will need to meet this and that do not show up on the Comprehensive Plan map. He said, "Ignore the Plan;your code requires street connections." This is buttressed by the plans adopted. Mr. Kabeiseman said there is an alignment that perfectly complies with code.The slope was an issue but in the February 2016 pre-application meeting, city staff met with Laurence Qamar, a planner hired by the city who said there is an easy road that makes sense and provides a connection. It was submitted last time and we still feel this is the way to connect things. It shows how this street can be created,with a reasonable grade,comply with the code and benefit the greater Triangle and this property owner. At present the owner is not using his 721 Avenue frontage whatsoever;he accesses through the Wal-Mart parking lot. Having a new road that gives it frontage actually benefits this property owner whether they want to acknowledge it or not. Mr. Kabeiseman said the city is digging in its heels that this approach does not give credence to the plans it is adopting or the future it has indicated is appropriate for the Tigard Triangle. He asked that council step back,look at the urban renewal plan and Triangle Strategic Plan and let them inform the decision on the code. He said the city's code says it must impose certain street spacing standards and there is no reason for this applicant not to comply with the code. H. Staff Response -Assistant Community Development Director McGuire said this argument has been running for quite some time and we are in disagreement over how these two code sections apply. We think we have the correct interpretation and the findings to back that up. The question about what we want to do there is very clear in the information that will come before council in a few weeks,which is the update to the Tigard Triangle and where council TIGARD CITY COUNCIL MEETING MINUTES — October 17, 2017 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov 1 Page 8 of 13 will adopt the zoning maps and an updated Transportation System Plan. The Transportation Plan shows no road connection from Elmhurst to the future 74th but it does show a pedestrian/bike connection. That is the vision coming out of the Triangle that is essentially policy-wise what the city is looking towards. Mr. Kabeiseman called a point of order and noted that Assistant Community Development Director McGuire was pointing to a plan that has not yet been adopted and adding it to the record. Mayor Cook said he stated the plan was not yet adopted. Mr. McGuire added that he was responding to a question that was put to council by the appellant. Mayor Cook followed up with two questions on the physical distance from Dartmouth to Elmhurst and the distance from Dartmouth to the east end of the property on 72nd Avenue which is the applicant's property. Mr. McGuire said he would need to look it up. I. Applicant Rebuttal- Ms. Krawczuk responded to Mayor Cook's questions on distance and said Elmhurst Street is 560 feet south of Dartmouth.That is why findings say there is a conflict between but the Tigard Triangle says it may be further apart. She said they do not really have a rebuttal and commented that what they have done is provided council with a solid interpretation. The appellant has a different opinion. Council can make the choice. She encouraged council to take a straw vote to see how everyone is leaning and take the time to make sure there are no additional findings. Council President Snider asked when the applicant was notified of the city's intent to move forward with this hearing. Ms. Krawczuk said there was a lot of back and forth discussion as they tried to find time on the city council's agenda and she did not remember the exact date. Council President Snider asked when the applicant was given information about this hearing date and provided a copy of the findings. Mr. McGuire said staff went by the minimum notice requirement and sent it on October 2, 2017. Council President Snider asked if the appellant was provided with information at the same time. Mr. McGuire said yes,all parties were notified. Council President Snider said LUBA is saying that we didn't do things right yet there is no copy of the LUBA decision in Council's packet. He said council should have a copy. City Attorney Rihala said it was not included in council's packet but in the future they certainly can. She said they only remanded the city on a limited basis and upheld the city's decision on all other grounds. She said,as the applicant stated,in the decision LUBA did not address the merits; they just said it is unclear—go back and do it again. She said she was not sure there was a lot of guidance to be taken from their decision. Council President Snider said council is taking action and would like to know what they are taking action on. City Attorney Rihala said council can certainly be provided with a copy. Mayor Cook asked to be walked through when the city would require a street to be built using the 530- or 660-foot requirement. Since this is less,it would not require a street. Mr. McGuire said that was correct. Mayor Cook asked if it was 200 feet would it be required. Mr. McGuire said there are other factors, such as topography. Mayor Cook said it doesn't even go 500 feet and is shorter than both others,but at some point it is 900 feet to the next street. At some point we will have a requirement to put in another road in there even though it is not in the TSP. Mr. McGuire replied, "Not necessarily." He said a lot depends on the facts TIGARD CITY COUNCIL MEETING MINUTES — October 17, 2017 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov 1 Page 9 of 13 someone is proposing and what the situation is on the ground. That is why the City has engineering staff review and consider other factors such as sensitive lands. We've made connections through bike and pedestrian connections. Mayor Cook said, "As it currently stands,with no 74th Street in there and if he develops the next parcel up,you're telling me in their pre-ap or design review they will not be asked to put in a street?" Mr. McGuire said if it came in tomorrow,no. Mayor Cook gave a 15-20-year scenario where redevelopment happens and 74th runs from 99W,Winco redevelops, the theater redevelops, and Wal-Mart closes and something else goes in. He asked, "At that time,if someone decided to develop the parcel next to this,would a street be required? Or are we back to facts and circumstances such as slope?" Mr. McGuire speculated on policy decisions, and what will be proposed to council is a TSP that does not show a connection other than pedestrian and bicycle, and the way that the Lean Code is set up a street would not necessarily be required. Councilor Goodhouse commented if someone wants a road they can build it;the question is whether it is required and who has to pay for it. Councilor Woodard recollected an option about provisions on whether or not a road could go through when Wal-Mart was built. Assistant Community Development Director McGuire said there was no mention of a road although there have been several brainstorming sessions looking at different options. Councilor Woodard asked if there is anything within their land use that says,based on their agreement, no road can go through. Mr. McGuire replied, "Not in that decision." Mayor Cook noted that the city can condemn any property if it will be used for a public purpose,which a road could be. Councilor Goodhouse called a point of order and noted that the applicant was at the stand but council was asking staff questions. Mayor Cook said he announced that staff could ask questions of either the applicant or staff. Councilor Woodard said he did not understand a "road to nowhere," that is not in the TSP or Tigard Triangle Plan. He asked Assistant Community Development Director McGuire who redid the findings. Mr. McGuire said staff generated them. Councilor Woodard asked if that included the Community Development Director Asher's and City Attorney Rihala's input and Mr. McGuire said it did. Mayor Cook asked Ms. Krawczuk if she was requesting additional time for findings. She said they do request additional time for findings so they can review the packet that was provided. She returned to the question about what the Target decision required and said they know that there was no public access easement nor public street required. It is private property and no road,no 74th Avenue was required. No provision was made for a future connection. City Attorney Rihala said process-wise because the applicant requested additional time to go through the comments raised tonight and also the written testimony, she suggested continuing the hearing until October 24 and deliberate at that time. Council President Snider said council is not prepared to deliberate and asked to see LUBAs remand materials. Councilor Woodard moved to direct staff to prepare findings as discussed for council adoption at its October 24, 2017 meeting. The motion died without a second. TIGARD CITY COUNCIL MEETING MINUTES — October 17, 2017 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov Page 10 of 13 Councilor Goodhouse moved to continue the hearing until October 24, 2017. Council President Snider seconded the motion and it passed unanimously. Yes No Council President Snider ✓ Councilor Woodard ✓ Councilor Anderson ✓ Mayor Cook ✓ Councilor Goodhouse ✓ 6. CONSIDER RESOLUTION TO AMEND BUDGET COMMITTEE BY-LAWS TO REMOVE TERM LIMIT The staff report was given by Finance and Information Services Director LaFrance and Confidential Executive Assistant Lutz. Ms. Lutz said during last year's budget cycle it was suggested that eliminating the two consecutive-year term limit in the bylaws would bring greater continuity to the Budget Committee to carry out Council and Budget Committee financial goals.Additionally, Oregon Budget Law states that in order for the Budget Committee to take action, there must be approval by more than half of the total members of the committee. Tigard's by-laws state that in order to take action, there needs to be a majority of Budget Committee members present. This change in the by-laws will mean that at least six votes of the 10 voting members are required to take action. Councilor Anderson moved to approve Resolution No. 17-43. Councilor Goodhouse seconded the motion. City Recorder Krager read the number and title of the resolution. Resolution No. 17-43—A RESOLUTION OF THE CITY OF TIGARD TO CHANGE THE CURRENT BUDGET COMMITTEE BY-LAWS, SECTION IV-TERM OF OFFICE SO THAT THE TERM LIMIT RULE IS REMOVED AND TO CORRECT SECTION VI PERTAINING TO RULE OF BUDGET COMMITTEE MAJORITY TO CORRESPOND WITH OREGON BUDGET LAW Mayor Cook conducted a vote and the motion passed unanimously. Yes No Council President Snider ✓ Councilor Woodard ✓ Councilor Anderson V Mayor Cook ✓ Councilor Goodhouse ✓ TIGARD CITY COUNCIL MEETING MINUTES — October 17, 2017 City of Tigard I 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 11 of 13 7. CONSIDER AUTHORIZING A BILL OF SALE TO PORTLAND GENERAL ELECTRIC FOR STREETLIGHTS ON BURNHAM STREET AND MAIN STREET Public Works Director Rager gave the staff report. When the LED lights were installed staff evaluated how the city wanted to address maintenance of streetlights long term. Prior to 2014, Portland General Electric (PGE) offered three options for ownership and maintenance. Option A -poles and fixtures owned and maintained by PGE,with the city paying for energy and maintenance costs. Option B -poles and fixtures owned by the city,but PGE maintains with the city paying a maintenance fee. Option C -poles and fixtures owned and maintained by the city. PGE is eliminating Option B and any lights converted to LED would need to shift to Option A or C. The city evaluated the costs and found it did not make sense for Public Works to add staff with expertise and also purchase or lease tall enough boom truck equipment. Mayor Cook asked about converting all streetlights to LED. Public Works Director Rager said two of three types have been converted. PGE has approached the city about converting the residential streetli hts on wooden poles and the city is working with PGE to convert them to LED. The streetlights on Burnham and Main Street were purchased by the city and to shift them to Option A, PGE will purchase the lights. Council is being asked to consider authorizing the bill of sale. Councilor Goodhouse moved to authorize a bill of sale to Portland General Electric for streetlights on Burnham Street and Main Street. Councilor Anderson seconded the motion. Mayor Cook conducted a vote and the motion passed unanimously. Yes No Council President Snider ✓ Councilor Woodard ✓ Councilor Anderson ✓ Mayor Cook ✓ Councilor Goodhouse ✓ 8. CONSIDER CITY ATTORNEY EMPLOYMENT AGREEMENT City Manager Wine gave the staff report and said the city attorney employment agreement is modeled on the agreement all city directors have. The salary range is above mid-point and there are two minor changes from the draft agreement council had in their meeting packets. A payment for dental benefits for COBRA was added and the word, "not"was added to a section so it now reads that the employee would not receive severance when dismissed for a felony. City Manager Wine said Ms. Rihala will begin employment on October 23. Councilor Woodard asked about the full burden rate of the proposed salary. Ms.Wine said it is in the 30-35 percent range. Councilor Goodhouse moved to authorize the mayor to sign the city attorney employment agreement. Councilor Woodard seconded the motion. Mayor Cook conducted a vote and the motion passed unanimously. TIGARD CITY COUNCIL MEETING MINUTES — October 17, 2017 City of Tigard 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov Page 12 of 13 Yes N o Council President Snider ✓ Councilor Woodard ✓ Councilor Anderson ✓ Mayor Cook ✓ Councilor Goodhouse ✓ 9. NON AGENDA ITEMS 10. EXECUTIVE SESSION At 8:16 p.m. Mayor Cook announced that the Tigard City Council was entering into an Executive Session to review and evaluate,pursuant to standards, criteria, and policy directives adopted by the governing body, the employment-related performance of the city manager,under ORS 192.660 (2) (i). He said the City Council will adjourn from Red Rock Creek Conference Room after the Executive Session. The Executive Session ended at 8:42 p.m. 11. ADJOURNMENT At 8:42 p.m. Councilor Goodhouse moved for adjournment. Council President Snider seconded the motion and all voted in favor. Yes No Council President Snider ✓ Councilor Woodard ✓ Councilor Anderson ✓ Mayor Cook V Councilor Goodhouse V Carol A. Krager, City Recorder Attest: John L. Cook,Mayor Date: TIGAR.D CITY COUNCIL MEETING MINUTES - October 17, 2017 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov 1 Page 13 of 13 City of Tigard z °4`'`: Tigard City Council Meeting Minutes TIGARD October 24, 2017 imen STUDY SESSION A. COUNCIL LIAISON REPORTS Council President Snider talked about the Bond and Levy Taskforce and said they have given a lot of thought to the topic and issues. He said the group as a whole stated the status quo is not acceptable and are working on how to bring this forward to the public. He discussed the upcoming joint meeting the taskforce has with council and the timeline for bringing this forward to the voters in May 2018. He ended by saying the group is very engaged and appreciates their time and thoughtful efforts. Councilor Anderson talked about the Homeless Taskforce and said this will be coming before council sometime in December. He said the group is trying to narrow down the issues and possible solutions. Councilor Woodard reported on his attendance at the National Recreation Parks Association conference. He said the seminars were good. He provided council with a summary of some of the seminars he attended. He said the main take away for him was community engagement,ideas on how to handle park/recreation crisis's by thinking like a business,bringing the indoors outside through activating spaces,active recreation programs for the upcoming generations,like challenge courses. Mayor Cook said he was invited to participate on the interview panel for the new Director of League of Oregon Cities (LOC) and that a new Director had recently been selected. He updated council on Washington County Coordinating Committee's (WCCC) happenings,talked about the Trimet Payroll Tax,amount and uses of the tax,regional bond measures and discussed the Hall Boulevard project. Mayor Cook gave an update on the recent Homeless Connect event that took place and said they had a good turnout and commended the people responsible for putting this together and those who volunteered their services and time. B. METRO UPDAI'h FROM METRO COUNCILOR DIRKSEN Metro Councilor Dirksen gave a presentation and said the region is growing rapidly and that Metro is working to keep up with the rapid growth. He explained they are creating a group to oversee a 20-year vision plan,updated council on transportation funding which includes allowing TIGARD CITY COUNCIL MEETING MINUTES— October 24, 2017 City of Tigard 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 1 of 8 cities to take the lead in asking for Urban Growth Boundary(UGB) expansions,discussed the Regional Waste Plan, supporting development in marginalized communities,improving equitable housing,and investments in growth through grants and partnerships. Councilor Dirksen ended his presentation by discussing the Master Plan for Chehalem Ridge Nature Park. 1. BUSINESS/WORKSHOP MEETING 7:30 p.m. A. At 7:33 p.m. Mayor Cook called the meeting to order. B. Deputy City Recorder Burgoyne called the roll. Name Present Absent Councilor Goodhouse Council President Snider Councilor Woodard Councilor Anderson Mayor Cook C. Mayor Cook asked everyone to stand and join him in the Pledge of Allegiance. D. Call to Council and Staff for Non agenda Items—There was none. 2. CITIZEN COMMUNICATION (Two Minutes or Less,Please) A. Follow-up to Previous Citizen Communication—There was none. B. Citizen Communication—There was none. 3. CONSENT AGENDA: (Tigard City Council) A. CONSIDER AUTHORIZING THE CITY MANAGER TO SIGN AN IGA WITH WASHINGTON COUNTY FOR THE URBAN AREA SECURITY INITIATIVE GRANT B. AWARD PUCHASE OF CA I'ERPILLAR BACKHOE TO PETERSON CAT Councilor Woodard moved fir adoption of the Consent Agenda and Council President Snider seconded the motion. Mon passed by a unanimous vote. Name Yes No Councilor Goodhouse Council President Snider "I Councilor Woodard Councilor Anderson Mayor Cook TIGARD CITY COUNCIL MEETING MINUTES— October 24, 2017 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov 1 Page 2 of 8 4. JOINT MEETING WITH TIGARD TRANSPORTATION ADVISORY COMMII`1EE Senior Transportation Planner Brown presented this item and several members of the TTAC were in attendance (Chair Kevin Watkins,George Brandt,Elise Shearer,Lonnie Martinez,Robert Van Vlack,Erik Halstead and Candi Cornils). TTAC Chair Watkins gave a presentation on the committee's actions,main topics of discussions and highlights, formation of a Transit subcommittee,local transit services and recommendations for council;specifically having more onsite generic notifications for upcoming projects,ways of accommodating pedestrian and bicycle traffic and developing and implementing a plan to achieve Tigard's "Walkability"goal. Councilor Woodard asked what initiated the conversation about onsite notification signage. TTAC Member Brandt said recently the city did some curb replacements in a neighborhood and no one knew what was going on. He suggested the city create and use generic reusable vinyl signs for situations like this. Councilor Goodhouse said a couple years ago he proposed some sidewalk gap funding and they did make it a four-year council goal to look at a funding source for sidewalks. He said in the future, voters could see a bond asking to fund more sidewalks in keeping with the city's walkability goal. TTAC Member Brandt discussed the reasons he got involved with the committee. TTAC Member Shearer introduced herself,and said she is in her fourth year on TTAC and explained her interest in transportation issues. TTAC Member Cornils said this is her first year and she is interested in transportation and trails and wanted to be more involved. TTAC Member Martinez said this is his first year and that he wants to be part of the solution. TTAC Member Van Vlack introduced himself and said this is his second year on the committee and has lived in Tigard for 14 years,and said he has a passion for making neighborhoods safe. TTAC Member Halstead said he has been on the committee for 4 years and there should be more community discussion on transit. Chair Watkins said they would be coming back to council with a very focused request for Trimet. Street and Transportation Senior Project Engineer McCarthy thanked each member for their service and said it has been a pleasure to serve with them. Senior Transportation Planner Brown agreed and said they are a professional group of people and they keep staff on their feet. Mr. Martinez said he appreciated Council President Snider and his willingness to help and thanked the city for their willingness to put together the flyer. 5. INFORMATIONAL PUBLIC HEARING-TO CONSIDER APPROVAL OF A RESOLUTION FOR THE FY 2018 FIRST QUARTER BUDGET SUPPLEMENTAL A. Mayor Cook opened the public hearing. TIGARD CITY COUNCIL MEETING MINUTES— October 24, 2017 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov 1 Page 3 of 8 B. Mayor Cook announced that this is an informational public hearing and anyone who signed up to speak may testify. C. Senior Management Analyst Kang and Senior Management Analyst Barrett gave the staff report. Mr. Kang discussed each adjustment,how they are currently being funded and where the adjusted funding would come from. He said this would not create any impact for future expenditures D. Council Questions—Councilor Woodard asked about the 20/80 split and if this is typical. Mr.Barrett said staff would look into this and explained why the current shift. Councilor Woodard asked what contributed to staff overtime hours. Mr.Barrett said he did not have this information tonight ,but wouldget back to council. Assistant Community Development Director McGuire said they have considered splitting the funding for the front counter position for a while and that this person would be taking on additional building permitduties and the split more accurately reflects what this person will be doing. Mayor Cook asked if there are other positions in the community development department that are partially funded by building and planning. Mr. McGuire said there is one other position. Council President Snider said it sounds like things are going well in the community development department and asked if there is anything changing in the bid environment. Mr.Barrett said there is some flexibility built in that allows for better results. Councilor Woodard asked if the Civic Center Vision Plan is unable to carry forward in a technical adjustment. Mr. Barrett explained that per Oregon Budget Law,once the budget committee has approved the budget and before council adopts the budget,the city is able to change the budget, but by no more than ten-percent. Under a supplemental budget that same law does not apply, so staff had to wait for a supplemental in order to carry forward. E. Public Testimony—No one signed up to speak. F. Mayor Cook closed the public hearing. G. Council Consideration of Resolution No. 17-44 Council President Snider moved for adoption of Resolution No. 17-44 and Councilor Goodhouse seconded the motion. Motion passed by a unanimous vote. Deputy City Recorder Burgoyne read the number and title of the Resolution. RESOLUTION NO. 17-44—A RESOLUTION TO ADOPT THE FY 2018 FIRST QUARTER BUDGET SUPPLEMENTAL INCLUDING BUDGET ADJUSTMENTS TO PUBLIC WORKS, POLICY AND ADMINISTRATION, AND COMMUNITY SERVICES TIGARD CITY COUNCIL MEETING MINUTES— October 24, 2017 City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 www.tigard-or.gov 1 Page 4 of 8 Name Yes No Councilor Goodhouse Council President Snider Councilor Woodard Councilor Anderson Mayor Cook Mayor Cook called the Town Center Development Agency meeting to order. 6. TOWN CEN TER DEVELOPMENT AGENCY—INFORMATIONAL PUBLIC HEARING TO CONSIDER APPROVAL OF A RESOLUTION FOR THE FY 2018 FIRST QUARFER CCDA BUDGET SUPPLEMENTAL A. Chair Cook opened the public hearing. B. Chair Cook announced that this is an informational public hearing and anyone who signed up to speak may testify. C. Staff Report- Senior Management Analyst Kang and Senior Management Analyst Barrett gave the staff report. Mr. Kang explained the two items in.the first quarter budget supplemental that required council's action. D. Questions—Director Goodhouse asked at what point they would change documents to reflect the name change from City Center Development Agency to Town Center Development Agency, and asked if the resolution before them should say Town Center Development Agency and not City Center Development Agency. Chair Cook stated that the name change should be reflected now and asked the city attorney how they should amend this. City Attorney Rihala said staff would make this correction as a"scrivener's error" adjustment and hand annotate it on the document prior to Chair Cook signing. E. Pune Testimony—No one signed up to speak. F. Chair Cook closed the public hearing. G. TCDA Consideration of TCDA Resolution No. 17-04 Director Snider moved for adoption of TCDA Resolution No. 17-04 and Director Goodhouse seconded the motion. Motion passed by a unanimous vote. Deputy City Recorder Burgoyne read the number and title of the Resolution. TCDA RESOLUTION NO. 17-04—A RESOLUTION TO ADOPT THE FY 2018 FIRST QUARTER BUDGET SUPPLEMENTAL INCLUDING BUDGET ADJUSTMENTS TO TOWN CENTER DEVELOPMENT AGENCY(TCDA) URBAN DEVELOPMENT TIGARD CITY COUNCIL MEETING MINUTES— October 24, 2017 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov 1 Page 5 of 8 Name Yes No Director Goodhouse Director Snider Director Woodard Director Anderson Chair Cook Mayor Cook called the Tigard City Council meeting back to order. 7. CONSIDER AUTHORIZING THE CITY MANAGER TO SIGN AN IN'I LRGOVERNMENTAL AGREEMENT FOR THE FANNO CREEK REMEANDER City Engineer Faha gave the staff report. She explained there are two parts to the agreement and discussed each. Mayor Cook asked if council had already done something on this with another entity. Ms. Faha replied no. Councilor Woodard asked how much was being paid by the Parks Fund. Ms. Faha said she did not have that information tonight,but would get back to council. Councilor Anderson moved to authorize'the City Manager to sign an Intergovernmental Agreement for the Fanno Creek Remeander and Councilor Woodard seconded the motion. Motion passed by a unanimous vote. Name Yes No Councilor Goodhouse Council President Snider Councilor Woodard Councilor Anderson Mayor Cook 8. CONTINUED QUASIJUDICI AL PUBLIC HEARING—REMAND OF BASE CAMP LLC LAND USE A. PLICATION A. Mayor Cook announced this is a continuation of a public hearing from October 17,2017 and asked City Attorney Rihala for clarification on what issues are before council. Council President Snider said he read LUBA's entire findings and said if such facts or materials were not provided then council would not continue to adopt findings. City Attorney Rihala said the city provided 1,000 pages to LUBA, specific to the arguments and did not allow additional evidence so there is no opportunity for council to go back and review that. She explained that in this case, the city has all the evidence but they did not substantiate it well enough,however,this does not change council's position. Mr. McGuire said LUBA did have the scope to overturn council's findings and they did not. TIGARD CITY COUNCIL MEETING MINUTES — October 24, 2017 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov Page 6 of 8 Councilor Woodard said he was perplexed at the last meeting for a continuation and asked why council went through a continuance last time. Councilor Woodard pointed out that the staff report was the same as before. City Attorney Rihala said the continuance was to allow for additional time. Mayor Cook said he asked for the continuance in order to look at the entire LUBA findings. Council President Snider said he would have been prepared to act at the last meeting and said the applicant wanted more time to go through material as well. Ms. Rihala explained that in addition to the findings there are additional things that need to be included into the findings for adoption. She said the four categories include addressing procedural claims,addressing scope of approval criteria, clarifying LUBA's holdings as to what their direction is to the city and clarifying that LUBA conclusively decided all issues before it, with the exception of the conflict between CDC 18.810.03.H1 and CDC 18.620.020. B. Mayor Cook asked staff for additional follow-up. There was none. C. Council will deliberate. D. Mayor Cook closed the public hearing. Council President Snider moved to approve directing staff to amend the findings for Base Camp LLC Land Use decision to include the four categories as outlined by the city attorney and Councilor Goodhouse seconded the motion. Motion passed by a unanimous vote. 9. NON AGENDA ITEMS—There was none. 10. EXECUTIVE SESSION -There was none. 11. ADJOURNMENT At 8:40 p.m. Councilor Woodard moved to adjourn the meeting and Councilor Goodhouse seconded the motion. Motion passed by a unanimous vote. Name Yes No Councilor Goodhouse Council President Snider Councilor Woodard Councilor Anderson Mayor Cook TIGARD CITY COUNCIL MEETING MINUTES— October 24, 2017 City of Tigard I 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 7 of 8 Kelly Burgoyne,Deputy City Recorder Attest: John L. Cook,Mayor Date: TIGARD CITY COUNCIL MEETING MINUTES — October 24, 2017 City of Tigard 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard or.gov Page 8 of 8 4111City of Tigard Tigard City Council Meeting Minutes TIGARD November 14, 2017 IR El STUDY SESSION A. RECEIVE UPDATE ON STATUS OF CAPITAL IMPROVEMENT PROGRAM City Engineer Faha presented a PowerPoint on the first quarter progress of projects in the Capital Improvement Program. She updated council on the status, cost and timeline for each project. Council comments included concern about the signage at Dirksen Nature Park. Mayor Cook noted it isn't clear from driving by that there is an overlook. Councilor Goodhouse asked about the permanent signage and Engineer Faha said she will check with Parks Supervisor McKnight on the status. She noted that Bull Mountain Park is not as ADA accessible as promised so the Friends of Bull Mountain Park have some work to do before the city accepts it. Council President Snider requested to be included in discussions leading to decisions on the Upper Boones Ferry signalization project. B. COUNCIL LIAISON REPORTS— Councilor Goodhouse was appointed Chair of the Willamette River Water Coalition which includes representatives from Tigard,Tualatin, Sherwood and the Tualatin Valley Water District. Councilor Anderson noted that 50 people came to the Planning Commission meeting regarding zoning changes. The postcards the city is required to send out for Measure 56 notification are alarming to people and misunderstood by most. Administrative Items: The November 21 meeting is cancelled. Council was reminded that TVCTV will tape the holiday greeting on November 28 just prior to the business meeting. Council outreach may be scheduled for the fifth Tuesday in January at the Summerfield Clubhouse. Mr.Van Vlack was present and said he would be pleased to work with staff on arrangements. 1. BUSINESS MEETING A. At 7:32 p.m. Mayor Cook called the Tigard City Council meeting to order. B City Recorder Krager called the roll. TIGARD CITY COUNCIL MEETING MINUTES —November 14, 2017 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov 1 Page 1 of 8 Present Absent Councilor Anderson ✓ Mayor Cook ✓ Councilor Goodhouse V Council President Snider ✓ Councilor Woodard V C. Mayor Cook asked everyone to stand and join him in the Pledge of Allegiance D. Call to Council and Staff for Non-Agenda Items —None. 2. CITIZEN COMMUNICATION A. Follow-up to Previous Citizen Communication—None. B. Tigard High School Envoy—Associated Student Body Vice-President Sierra Kruse updated council on Tigard High activities and events in the last month including the annual Powderpuff Football game, Homecoming parade and dance,which had a record 1,000 students in attendance. Students hosted a breakfast and assembly for veterans in the Tigard community. A Halloween classroom trick or treat event was held for local children. The National Honor Society completed a blood drive. The football team is moving into the quarterfinals and the band is officially a six-time NWAP Class A Champion. C. Tigard Chamber of Commerce—Tigard Chamber CEO Mollahan reported on Chamber activities. Leadership Day was dedicated to learning about human needs within the community. Just Compassion,Project Homeless Connect, Community Action,CPAH, Good Neighbor Center, St.Anthony's Severe Weather Center, St.Vincent De Paul Food Pantry,Tigard Senior Center and Luke Dorf participated with presentations or tours. A new event downtown is Small Business Saturday on November 25,with 17 local businesses and#ShopSmall participating. The Holiday Tree lighting is on December 1 at Liberty Park. Santa will arrive by TVF&R and will meet and greet after leading a parade to the Ballroom Dance Company. D. Citizen Communication—Sign-up Sheet. Alexiei Holstein, 11120 SW 119th Avenue,Tigard, OR 97223 said he has been a Tigard resident for 10 years. He said a planned subdivision going into the Trinity Church property off of 121St Avenue proposes 15 new homes. The city engineer for street planning says a street will need to come through an existing neighborhood and connect to an existing street. The neighbors are concerned about this cut-through connectivity. There is already stop and go traffic during rush hour. The streets are dark,with no sidewalks or streetlights. The existing road is wider than the newer neighborhood street guidelines. Putting this road through makes it a major thoroughfare under very unsafe conditions. He asked that required connectivity be met instead through a walking path instead of a street. City Manager Wine asked Mr. Holstein to leave his contact information with staff for follow-up. TIGARD CITY COUNCIL MEETING MINUTES —November 14, 2017 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov 1 Page 2 of 8 3. CONSENT AGENDA: (Tigard City Council) — A. RECEIVE AND FILE: 1. Council Calendar 2. Council Tentative Agenda for Future Meeting Topics B. APPROVE CITY COUNCIL MEETING MINUTES • September 26,2017 • October 3,2017 Councilor Goodhouse moved for approval of the Consent Agenda. Council President Snider seconded the motion and Mayor Cook conducted a vote. Motion passed unanimously. Yes No Councilor Anderson ✓ Mayor Cook ✓ Councilor Goodhouse ✓ Council President Snider ✓ Councilor Woodard (Absent) 4. LEGISLATIVE PUBLIC HEARING—DCA 2017-00003 ADMINISTRATIVE PROCESS AND PROCEDURES PHASE 1 A. Mayor Cook opened the public hearing. B. Hearing Procedures—Mayor Cook announced that anyone may offer testimony and asked those interested in testifying to sign up to speak. C Staff Report—Assistant Community Development Director McGuire and Associate Planner Lindor gave the staff report. Phase 1 is about administrative and procedural changes and includes total reorganization and renumbering of the Community Development Code and is considered less controversial than what will come forth in Phase 2. There are several other issues attached to the project and these proposed changes will come back to council by this time next year. It includes code updates that support the strategic plan,walkability, changes to some street standards as well as changes in support of the update of the Housing Goal (cottage cluster housing, accessory dwelling units). Keeping urban chickens is in a different project timeline. Mayor Cook said he understood the phasing and realized that there may be more controversial sections than originally thought. He said he had no problem with the renumbering but in essence,not much of substance is changing,and asked what was staff's reason for not doing it all at once. Mr. McGuire responded that in part,it was because it is TIGARD CITY COUNCIL MEETING MINUTES —November 14, 2017 City of Tigard 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 3 of 8 such a huge project. When making housing changes, for example,a Citizen Advisory Committee will be needed. And some policy changes will have different levels of public outreach efforts. Staff first wanted to get the code framework set to make it easier to implement the larger changes. Associate Planner Lindor showed a PowerPoint and discussed the focus of Phase 1 which includes general housekeeping,reorganizing and consolidating of the Community Development Code so it is more useful and readable for staff and the public. Outdated or ineffective regulations have been removed. Staff did a total overhaul of the process and procedures chapter and addressed minor deficiencies. Current practices related to neighborhood meetings are codified. Minor deficiencies are discussed in more detail. Waste-related requirements have been removed and the City will now ask the waste haulers to submit their requirements for how large a waste container area should be rather than legislating that. Mayor Cook asked if there was anything stating when a resident can put out their can on garbage day. Ms. Lindor said the language being removed relates to commercial waste, not residential. On density calculation regulations the current code allows an applicant to exclude a single- family lot if there is an existing home that is proposed to remain, as long as the lot is the minimum size of lots in that base zone. But in actuality,people are proposing much larger lots so projects are not meeting intended density,which conflicts with the Comprehensive Plan and the Metro Housing Rule. The change is that the City will no longer allow the exclusion of the lot with the single-family home. The lot-consolidation process is a new process being folded into the lot line adjustment process chapter. Tigard does not have a process currently and has been using the lot line adjustment process to do this. Processing timelines for land use applications have been updated because the CDC is inconsistent and switches between calendar and business days which is problematic and confusing. It also opens the city up to procedural errors and appeals. Staff proposes a switch to calendar days.. Mayor Cook suggested adding that if a calendar day ends on a holiday it gets pushed out one day. City attorney Rihala said that is assumed but it could be added. Ms. Lindor said the publishing requirements for Type III land use applications were updated. Type III land use applications require a public hearing and staff is required to publish a notice in the newspaper. Staff is proposing to remove this requirement for publishing because it is not a state requirement, notices are already being sent to all property owners within 500 feet of the property site (only 100 feet is the requirement by law), and all public hearing notices are published online. It can be expensive and adds extra time to the timeline because of the newspaper requiring at least a week's advance notice. Legislative hearings would continue to be published in the newspaper. Associate Planner Lindor said the current code does not have a method to measure lot width. There is only a standard for average lot width. Currently, applicants have to demonstrate that on average,each lot meets the requirements for that zone if there is one for that zone. Because there is not a consistent method of measuring this has led to many methods of measurement and has resulted in oddly-shaped lots in subdivisions. The city is proposing to TIGARD CITY COUNCIL MEETING MINUTES —November 14, 2017 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov 1 Page 4 of 8 measure lot width at the front setback line. Having a method would give consistency,result in better configured lots,a greater street presence and easier administration of setbacks. Associate Planner Lindor noted that because of the public notice required by Measure 56, staff received some public comments. Most were asking how this affects their property. Staff heard that some residents did not receive the notice until after the hearing with the Planning Commission. She invited those who left their information to the public hearing tonight. The City hired DocuMart to compile the mailing and they confirmed in writing that over 15,000 mailers were delivered to the post office. The post office bulk mail department confirmed they received that number of mailers. Mayor Cook said an advantage of bulk mail is the price but a disadvantage is that the post office can decide when to send them out. Assistant Community Development Director McGuire said it was dropped off on September 6 but some people did not receive their notice until October 26. Council President Snider commented that just the act of mailing something does not guarantee its arrival. State standards do not say it has to end up in their hands. Staff met last week with the Home Builders Association and sent a memo to council with information on an issue with lot width measurement. Staff is open to tabling this item to Phase 2 and working with the HBA towards coming up with a compromise that can work for both. D. Public Testimony - Mayor Cook called upon those who signed up in favor of the proposed amendments to testify. No one signed up to speak. E. Public Testimony-Mayor Cook called upon those who signed up in opposition to the proposed amendments to testify. James Atkins,Home Builders Association of Metropolitan Portland, 15555 SW Bangy Road, Lake Oswego, OR 97035 testified that he is very supportive of staff's proposal to pull out the lot width section and work with them towards a reasonable compromise. He said they delivered written testimony. He said he supports the proposal to work through a development advisory committee or something similar. David DeHarpport,Four D Construction Company, 14985 SW Ruby St.,Beaverton, OR 97007, said his company has quite a bit of activity going on right now in Tigard. He thanked Mayor Cook and council for their support for refunds to the Gary Sinese Foundation for permit fees. He said the veteran's family is very happy with their home in Tigard. He said his firm recently built some subdivisions in Tigard and there were lots that would not meet the setback requirement in this proposed code. He encouraged council to drive by Gaarde and 118`'' to see an example. He said in his opinion the method of measuring lot widths would eliminate cul-de-sacs in the City of Tigard.. If you need a 25-foot required driveway plus 50 feet 20 feet back it takes up a lot of room. You would need very large lots exceeding minimum size lots. There is only so much that can be done with lot averaging in subdivisions and he felt this would end up reducing density. He appreciates staff deferring this. F. Staff Response to testimony TIGARD CITY COUNCIL MEETING MINUTES —November 14, 2017 City of Tigard I 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 5 of 8 Mayor Cook thanked Mr. DeHarpport for building the Gary Sinise Foundation home. He said it was a great event and he enjoyed meeting the family of the veteran living in the home. Council President Snider said he is encouraged about working together but asked that the developers participating understand that they need to be clear with staff about what they want and realize that it also has to address the needs of the city. He hopes they can create a compromise that is usable and addresses the issues. Councilor Anderson asked if other cities have a minimum lot width. Mr. DeHarpport said Portland does. Southeast Portland is a grid system so this works well. Tigard has wetlands, greenways, steep terrain, curved roads, cul-de-sacs, and infill constrained by existing homes. From his perspective there needs to be a common sense lot width but measuring from the front is not the best method. Assistant Community Development Director McGuire said staff has offered to pull the minimum lot width section out of Phase 1 and work through this in Phase 2. G. Mayor Cook closed the public hearing. H. Council Discussion and Consideration- Ordinance No. 17-22 and Ordinance No. 17-23. Councilor Anderson said it needed to be done. He said council will get into the "meat"in Phase 2. He said he supports Phase 1 which has been through the Planning Commission and staff working with the Home Builders this is a win-win. Mayor Cook acknowledged that this has been a long and tedious project but the result will be worth it. He mentioned his own experience of having to search in three places in the code to get information he needed for a home occupation permit. He commented that the day calculation is a great fix. He thought the residential density explanation he heard tonight was good and said it has been confusing to see people divide a five-acre lot but keep half for themselves. Council President Snider clarified the motion and Mr. McGuire suggested keeping the numbering in the ordinance but remove the wording so there is a placeholder. He said to remove the text regarding measuring lot widths. Council President Snider moved to approve Ordinance No. 17-22,removing the text for measuring lot widths. Councilor Anderson seconded the motion. City Recorder Krager read the number and title of the Ordinance and conducted a roll call vote. Ordinance No. 17-22—AN ORDINANCE AMENDING THE COMMUNITY DEVELOPMENT CODE OF THE CITY OF TIGARD, FOR THE PURPOSE OF ADOPTING THE ADMINISTRATIVE PROCESS AND PROCEDURES-PHASE I UPDATE (DCA2017-00003) AND REMOVING PROVISIONS RELATING TO STORAGE IN FRONT YARDS FROM THE DEVELOPMENT CODE IN CDC 18.730.050, as amended to remove text for measuring lot widths TIGARD CITY COUNCIL MEETING MINUTES —November 14, 2017 City of Tigard I 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 6 of 8 Yes No Councilor Anderson ✓ Mayor Cook V Councilor Goodhouse ✓ Council President Snider ✓ Councilor Woodard (Absent) Mayor Cook announced that Ordinance No. 17-22 passed by a unanimous vote of council present. Council President Snider moved to approve Ordinance No. 17-23. Councilor Goodhouse seconded the motion. There was no further discussion. City Recorder Krager read the number and title of the Ordinance and conducted a roll call vote. Ordinance No. 17-23 —AN ORDINANCE AMENDING SECTION 6.02.170 OF THE TIGARD MUNICIPAL CODE RELATING TO NUISANCE VIOLATIONS AND STORAGE IN THE FRONT YARD Yes No Councilor Anderson V Mayor Cook ✓ Councilor Goodhouse ✓ Council President Snider ✓ Councilor Woodard (Absent) Mayor Cook announced that Ordinance No. 17-23 passed by a unanimous vote of council present. 5. INFORMATIONAL PUBLIC HEARING—CONSIDER CRI FERIA FOR CITY MANAGER EVALUATION A. Mayor Cook opened the public hearing. B. Mayor Cook announced that this is an informational public hearing and anyone who signed up to speak may testify. C. Human Resources Director Bennett gave the staff report and said this is an opportunity for the public to give their input into the City Manager's annual evaluation process. She noted that there are only minor changes to the process with the exception of some adjustments in who will be invited to provide feedback,as some roles have changed hands. D. Public Testimony—No one signed up to speak. E. Mayor Cook closed the public hearing. F. Council discussion and direction to staff. TIGARD CITY COUNCIL MEETING MINUTES —November 14, 2017 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov 1 Page 7 of 8 Council President Snider recommended moving forward with what staff presented and other council members agreed. 6. NON AGENDA ITEMS - None. 7. EXECUTIVE SESSION - None 8. ADJOURNMENT At 8:21 p.m. Councilor Goodhouse made a motion to adjourn the meeting. Councilor Anderson seconded the motion. Mayor Cook conducted a vote and all voted in favor. Yes No Councilor Anderson ✓ Mayor Cook ✓ Councilor Goodhouse ✓ Council President Snider ✓ Councilor Woodard (Absent) Carol A. Krager, City Recorder Attest: John L. Cook,Mayor Date: TIGARD CITY COUNCIL MEETING MINUTES —November 14, 2017 City of Tigard I 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 8 of 8 AIS-3305 4. Business Meeting One Meeting Date: 01/02/2018 Length (in minutes):5 Minutes Agenda Title: Appoint Tigard Transportation Advisory Committee Members Prepared For: Joe Patton,Community Development Submitted By: Kelly Burgoyne,Central Services Item Type: Motion Requested Meeting Type: Council Business Meeting Resolution -Main Public Hearing: No Publication Date: Information ISSUE Shall Council reappoint Candi Cornils,Benjamin Gooley and Erik Halstead as voting citizen representative members;reappoint George Brandt as a non-voting alternate member,and appoint Carl Fisher and Ruth Harshfield as non-voting alternate members of the Tigard Transportation Advisory Committee? STAFF RECOMMENDATION / ACTION REQUEST Approve a resolution reappointing Candi Cornils,Benjamin Gooley and Erik Halstead as voting citizen representative members whose terms will expire December 31,2020;reappointing George Brandt as a non-voting alternate member,and appointing Carl Fisher and Ruth Harshfield as non-voting alternate members whose terms will expire December 31,2018. KEY FACTS AND INFORMATION SUMMARY There are three voting citizen positions to be filled on the Tigard Transportation Advisory Committee as these terms are due to expire December 31,2017. George Brandt was interviewed on November 29,2017;Candi Cornils,Benjamin Gooley,Erik Halstead,Carl Fisher and Ruth Harshfield were interviewed on December 18, 2017 by the Mayor's Appointment Advisory Committee. The Committee recommended that Candi Cornils, Benjamin Gooley and Erik Halstead be reappointed as voting citizen representative members;that George Brandt be reappointed and Carl Fisher and Ruth Harshfield be appointed as non-voting alternate members. Attachment 1 is a Resolution implementing these recommended appointees.Attachment 2 has biographical information on all recommended appointees. OTHER ALTERNATIVES Council could decide to not approve some or all of the recommendations.This would require reopening the recruitment. COUNCIL GOALS, POLICIES,APPROVED MASTER PLANS City of Tigard Vision Task Force: "The City will maximize the effectiveness of the volunteer spirit to accomplish the greatest good for our community." DATES OF PREVIOUS COUNCIL CONSIDERATION N/A Attachments TTAC Appointment Resolution TTAC Appointment Bios CITY OF TIGARD, OREGON TIGARD CITY COUNCIL RESOLUTION NO. 18 — A RESOLUTION REAPPOINTING CANDI CORNILS, BEN GOOLEY AND ERIK HALSTEAD AS VOTING MEMBERS OF THE TIGARD TRANSPORTATION ADVISORY COMMITTEE, AND REAPPOINTING GEORGE BRANDT AND APPOINTING CARL FISHER AND RUTH HARSHFIELD AS NON-VOTING AL 1 rRNA 1'E MEMBERS. WHEREAS,The Tigard Transportation Advisory Committee is comprised of 11 voting positions,including at least eight citizen and at least two business representatives;and WHEREAS,as of December 31,2017 there are three voting citizen vacancies;and WHEREAS, the Mayor's Appointment Advisory Committee interviewed eight individuals on December 18, 2017 and recommends reappointing Candi Cornils, Ben Gooley and Erik Halstead as voting citizen representatives,and reappointing George Brandt and appointing Carl Fisher and Ruth Harshfield as non-voting alternate members; NOW,THEREFORE,BE IT RESOLVED by the Tigard City Council that: SECTION 1: Candi Cornils,Ben Gooley and Erik Halstead are reappointed as voting citizen representative members of the Tigard Transportation Advisory Committee with terms expiring December 31,2020. SECTION 2: George Brandt is reappointed and Carl Fisher and Ruth Harshfield are appointed as non- voting alternate members of the Transportation Advisory Committee with terms expiring December 31,2018. SECTION 3: This resolution is effective immediately upon passage. PASSED: This day of 2018. Mayor-City of Tigard AFIEST: Deputy City Recorder-City of Tigard RESOLUTION NO. 18 - Page 1 Tigard Transportation Advisory Committee Biographies of Recommended Appointees On January 2,2017 the Tigard City Council will consider a resolution appointing voting members to the Tigard Transportation Advisory Committee (TT'AC). Following are brief biographies for the individuals recommended for appointment. Recommended for voting positions: Benjamin Gooley has lived in Tigard for about 10 years. He works as a customer operations engineer for a software company. He is a married father of young children and also enjoys running on Tigard's trails,sidewalks,and streets. Ben has been a member of TTAC's Pedestrian and Cyclist Subcommittee for the past year. Erik Halstead has lived in the area for much of the last 33 years,including Beaverton,Tualatin, and SW Portland. He has an interest in transportation,including transit,bicycling,and a special interest in railroad history. Erik is the Chair of TTAC's Transit Subcommittee. Candi Cornils has lived in Tigard for 13 years. She has a degree in General Studies from PCC and has been involved in non-profits. Candi was formerly in the US Marine Corp where she worked in logistics. She is a member of PATH (Professional Association of Therapeutic Horesmenship),Intl. Recommended as alternates (non-voting): George Brandt has lived in Tigard for 4 years,and has been in the area for 20 years. His family has a long history in the Tigard area. He commutes to Hillsboro for work,and lives with his wife whose family also has a long history in Tigard,and their 6-year old son. George is interested in improving the trails,connecting parks,and improving transit options. Carl Fisher has lived in Tigard for 32 years,and is a Legislative Assistant with the Democratic Party of Washington County. He volunteered with the Metzger Park Play Readers and was a THS Speech and Debate Judge. Ruth Harshfield has lived in Tigard for 28 years and is retired. She previously served as Director of Alliance for Community Safety,Director of Safe Kids Oregon,worked with Stop At 4,Safe Routes To School in Washington County,and PBDT Traffic Safety Committee. AIS-3370 5. Business Meeting One Meeting Date: 01/02/2018 Length (in minutes):40 Minutes Agenda Title: LEGISLATIVE PUBLIC HEARING: Consider Amendment to TMC Chapters 10.28 -Parking and 7.60 Abandoned Vehicles Submitted By: Kelly Burgoyne,Central Services Item Type: Ordinance Meeting Type: Council Business Meeting Resolution -Main Public Hearing-Legislative Public Hearing: Yes Publication Date: Information ISSUE This is the continuation of the December 5,2017 public hearing for updates to the parking ordinance and the abandoned vehicle ordinance. The parking ordinance,TMC 10.28,is being considered for amendments that include a new 4-hour time-limited parking option,a parking permit option,and the removal of location-specific code that can now be specified by signage.These amendments also include minor changes to the abandoned vehicle ordinance,TMC 7.60. This also includes a resolution to amend and include parking fines and parking permit fees into the Master Fees and Charges Schedule. STAFF RECOMMENDATION / ACTION REQUEST Staff recommends adoption of the ordinance amendments,and approval of the resolution to the Master Fees and Charges Schedule. KEY FACTS AND INFORMATION SUMMARY The downtown has seen new levels of demand for parking over the last year. Surveys of parking have shown that areas of on-street parking downtown are at capacity for a number of hours each weekday. Enforcement of the 2-hour parking was increased after surveys indicated numerous 2-hour violations were reducing customer access. Meanwhile,Atwell-Off-Main opened and an influx of new residents also brought increased demand. A 3-phased parking plan was devised to optimize downtown public parking for customers, employees, and residents. Phases 1 and 2 have been completed,which expanded the on-street 2-hour parking areas. Phase 1 included making Ash at Burnham 2-hour parking(completed in April 2017),and Phase 2 included making Tigard Street and a portion of Burnham 2-hour parking (completed in November 2017). Phase 3 is to make sure cars are not being stored on the street,and that employee and residential parking is available in low-turnover areas. This is also an opportunity to update the parking code (TMC 10.28) and the abandoned vehicle code (TMC 7.60) to improve clarity and consistency and make minor changes relating to updated state statutes and make minor improvements to the ordinance. The ordinance amendments fall into 4 categories: 1.Updated Terminology and Clarification: These are minor changes due to new terminology in state statutes and to help clarify ordinance language,some are changes to the code to be consistent with state statute,and some are minor changes to what activities are allowed or are prohibited. This also includes real changes and clarifications to the Abandoned Vehicle section (7.60). 2.Parking Regulation as Specified by Signage:A substantial number of provisions in the current Tigard Municipal Code 10.28 are detailed descriptions of locations where particular parking regulations apply. These details are being removed and replaced with"...as specified by signage." On April 5,2016, the City Council amended an ordinance to give authority to the City Manager to make changes to parking by managing the signage. These ordinance changes align with that amendment. 3.Permit Parking: These are additions to the code that create a 4-hour time limit and create a permit option that exempts permit holders from the 4-hour time limit. 4.Disabled Parking:The ordinance is updated with the language in the state statute for clarity and enforceability. The changes to the Master Fees and Charges Schedule includes a new section specific to parking and will list the violation fines and permit fees. Based on peer cities comparison and recent enforcement, staff recommends the overtime parking fine remain $50,parking illegally in a space for persons with disabilities - $160 (similar to state fines),all other parking violations - $50,a monthly parking permit fee- $35.The cost of a construction parking permit is recommended at$5/weekday if parking in 2-hour spaces and$3/weekday for 4-hour spaces. OTHER ALTERNATIVES The Council may recommend changes to the language and may recommend adjustments to fees and fines,or may deny or delay the amendments and/or the resolution. COUNCIL GOALS, POLICIES,APPROVED MASTER PLANS Strategic Plan: Goal#2: Ensure development advances the vision. Objective #1: ... Encourage town center development and business expansion (Washington Square, Downtown,Triangle),including high-density housing development around shopping,business and transit. City Center Urban Renewal Plan: Goal#4: Downtown's streetscape and public spaces should be pedestrian-friendly and not visually dominated by the automobile. Goal#5: Promote high quality development of retail,office and residential uses that support and are supported by public streetscape,transportation,recreation and open space investments. DATES OF PREVIOUS COUNCIL CONSIDERATION 12/5/17 Legislative Hearing for Parking Ordinance,Buff Brown ?7/18/17 Downtown Parking Ordinance Introduction,Buff Brown 5/9/17 Downtown Parking Plan,Buff Brown 4/5/16 Amend Parking Ordinance,Sean Farrelly 12/1/15 Update on Downtown Parking,Sean Farrelly 6/2/15 Downtown Parking Plan Update,Sean Farrelly 12/2/14 Downtown Parking Management Update,Sean Farrelly � 1 Fiscal Impact Fiscal Information: Estimates of Permit sales initially is 25 permits/month. At$35/month,this is $875/month. Permits decals are a nominal cost and are not reissued every month,only one is issued for each permit holder. We are expecting at least 90% of sales to be on-line,and 10%by walk-in. On line has no cost except for a 1-time visit to hand out the permit. We expect 3 visits per month for walk-in sales,which requires a form filled out and money taken. Labor is expect to be 1 hour/week total for sales and administration,or 4 hrs/month at about$300/month. It is possible this will expand the enforced-parking areas for the police department,initially adding 20 spaces to their current 150 spaces to enforce. Current enforcement efforts are estimated at .15 FTE. The new 4-hour zones add 13% or another.02 F FE (estimated at$250/month). Without counting citation revenues, this shows it to be nearly cost neutral: $875 monthly revenue,$550 monthly expenses. Revenues only include permits,but there will be revenue from citations that this analysis is not including. If the 4-hour zones expand,this will be accompanied by additional permit sales. Attachments Parking Ordinance Exhibit A-TMC 10.28 Exhibit B-TMC 7.60 Master Fees Resolution Exhibit C-Parking Fees&Fines Public Testimony Public Testimony AgendaQuick©2005-2017 Destiny Software Inc.,All Rights Reserved CITY OF TIGARD, OREGON TIGARD CITY COUNCIL ORDINANCE NO. 18- AN ORDINANCE AMENDING SECTIONS 10.28 AND 7.60 OF THE TIGARD MUNICIPAL CODE RELATING TO PARKING AND ABANDONED OR STORED VEHICLES. WHEREAS, the Tigard Municipal Code for Abandoned Vehicles, TMC 7.60, is in need of update for consistency with language in state statute and for consistent definitions of abandoned and stored vehicles;and WHEREAS, the Tigard Municipal Code for Parking, TMC 10.28, painstakingly lists every location for limited and no parking zones;and WHEREAS, the amendment simplifies TMC 10.28 so that limited and no parking will be designated by signage;and WHEREAS, the amendments create new tools to manage parking with 4-hour parking for low-turnover areas and the ability for the public to purchase a permit to park all day in 4-hour or permit-only zones;and WHEREAS, the Tigard City Council has determined that the proposed code amendments are in the best interest of the City of Tigard. NOW,THEREFORE,THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: Tigard Municipal Code Chapter 10.28 is amended as shown in "Exhibit A" (additional language underlined and deleted language steieket3). SECTION 2: Tigard Municipal Code Chapter 7.60 is amended as shown in "Exhibit B" (additional language underlined and deleted language strieltein). SECTION 3: This ordinance shall be effective 30 days after its passage by the council, signature by the mayor,and posting by the city recorder. PASSED: By vote of all council members present after being read by number and title only,this day of ,2018. Carol A. Krager,City Recorder APPROVED: By Tigard City Council this day of ,2018. John L. Cook,Mayor Approved as to form: City Attorney Date ORDINANCE No. 18- Page 1 Exhibit A TIGARD MUNICIPAL CODE Chapter 10.28 PARKING 10.28.170 Parking Prohibited In Specified Places Sections: 10.28.175 Residential Parking Zones 10.28.180 Definitions For Sections 10.28.010 Definitions 10.28.190 Through 10.28.210 10.28.020 Repealed By Ord.93-21 10.28.185 Parking for Persons with 10.28.022 Purposes For Which Parking Is Disabilities Prohibited 10.28.190 Application Of Parking 10.28.025 Vehicle Sales On Private Regulations To Disabled Property Persons With Disabilities 10.28.030 Truck,Trailer,Bus, Camper, !.- .-! ! '1 , - • • •• ' • • Motor Home,Recreational- Disabled-Persons-PFehibitecl— Vehieler And Boat Restrictions Exceptions 10.28.040 Removal Of Parked Vehicle 10.28.210 Removal And Impoundment Of From Fire Area Vehicle Unlawfully Parked In 10.28.050 Required Precautions Space Reserved For Disabled 10.28.060 Parallel Parking Requirements Persons With Disabilities 10.28.070 Space Markings .! : ! _. _ •• - •• . _. . 10.28.010 Definitions A. "Parking" or"parked," for purposes of the Way city motor vehicle code, means the standing of a 10.28.090 Two-Hour Time Limit vehicle, whether occupied or not, otherwise than 10.28.095 Repealed by Ord. 02-14 temporarily for the purpose of and while actually 10.28.110 Fifteen-Minute Time Limit engaged in loading or unloading property or 10.18.115 Four-Hour Time Limit passengers,or in obedience to traffic regulations or 10.28.120 Sunday Restrictions traffic signs or signals. 10.28.130 Prohibited At Any Time 14. It is unlawful fer any person to park or 10.28.135 stop any vehicle for a longer period of time than P.M.Permit Parking Only that designated by official signs, parking meters or Zones other markings placed by or under authority of the 10.28.136 Loading Zones Authority T^ "'• •- __ __ ' - Establish time of all stopping or standing of the same vehicle !.-: -. . . -: • • • •_ on the same side of the street within a space of three 10.28.138 Permits for Construction Zones hundred lineal feet measured along the curblinc And Temporary Loading Zones and between intersections; and the parking, 10.28.139 Permit Parking standing or stopping of any vehicle within such 10.28.140 Violation—Mode Of Charging expanse shall not exceed the designated time limit Defendant during any three hour period. 10.28.145 Violation–Parking Time Limits GB. For purposes of this chapter, the 10.28.150 Violation—Penalty definitions of the following terms as used herein 10.28.160 Authority To Impound shall conform to the following ORS sections Improperly Parked Vehicles 10-28-1 Code Update: 6/14 TIGARD MUNICIPAL CODE (2017) which by reference herein are made a part public way within the city limits for any of the of this chapter: following purposes: 1. "Camper" is defined as set forth in A. Selling or offering merchandise for sale; ORS Section 801.180. B. Displaying the vehicle for sale; 2. "Highway" or "street" is defined as set forth in ORS Section 801.305. BC. Washing, greasing or repairing such vehicle except as may be necessitated by 3. "Mobile home" is defined as set emergency. forth in ORS 801.310. C. Storage, for any period of more than 21 4-3. "Motorbus" is defined as a hours, except that this subsection shall be subject Commercial Bus as set forth in ORS 801.200. to the limits elsewhere prescribed in the city motor vehicle code or as may be prescribed by the Oregon 5.1. "Motor home"is defined as set forth State Motor Vehicle Code.It shall constitute prima in ORS Section 801.350. facie evidence of storage of a vehicle if the same is not moved for a period of 24 hours. The continuity 6-5. "Motor truck"is defined as set forth of the time shall not be deemed broken by in ORS Section 801.355. movement of the vehicle elsewhere on the block unless the movement removes the vehicle from the 7. "Recreational vehicle" is defined a:, block where it was located before it is returned. set forth in ORS 41.6.003. Any vehicle mentioned in this subsection parked on the right of way of any highway, or upon any 87 6."Trailer" is defined as set forth in public street or public way within the city in ORS Section 801.560. violation of this subsection may be treated as an abandoned vehicle and the provisions of Chapter 9.7. "Travel trailer" is defined as set 7.60 shall apply. (Ord. 93 21 §3) forth in ORS Section 801.565. 10.28.025 Vehicle Sales On Private 8. "Truck tractor"is defined as set Property forth in ORS Section 801.575. (Ord. 99-28; Ord. 93-21 §1; Ord. 70-41 §1) A. No property owner,unless in compliance with the provisions of Chapter 5.04, Business 9. "Truck trailer"is defined as set forth Taxes, and in further compliance with all in ORS Section 801.580. applicable zoning codes,shall allow more than one vehicle to be displayed for sale on his or her 10.28.020 Repealed By Ord.93-21 property. 10.28.022 Purposes For Which Parking Is B. Violation of this section shall be a Class Prohibited 1 infraction and shall be subject to the provisions of the civil infractions ordinance, Chapter 1.16 of No person shall park a vehicle on the right-of- this code. (Ord. 87-40 §1) way of any highway, or upon any public street or 10-28-2 Code Update: 6/14 TIGARD MUNICIPAL CODE 10.28.030 Truck,Trailer,Bus,Camper, Ord.79-109§1;Ord.76-57§1;Ord.76-30§1;Ord. Motor Home, 70-41 §3) Vehicle,And Boat Restrictions E. These restrictions shall not apply to anv A. No person shall at any time park or leave City-owned or public-owned vehicle that is standing a motor bus, motor truck, truck tractor, operating in an official capacity. motor home, boat, vehicle with camper, recreational vehicle, or trailer, as defined in ORS 10.28.040 Removal Of Parked Vehicle 801.560, whether attended or unattended, on any From Fire Area improved public highway, public street or other public way within the city limits, for a period Whenever the owner or driver of a vehicle greater than 30 minutes, between the hours of discovers that such vehicle is parked immediately 12:01 a.m. and 6:00 a.m. 12am-6am. in front of or close to a building to which the fire department has been summoned, he or she shall B. A recreational vehicle camper, travel immediately remove such vehicle from the area trailer or motor home may be parked on a public unless otherwise directed by police or fire officers. street longer than the period allowed in Section (Ord. 70-41 §4) 10.28.030.A if: 10.28.050 Required Precautions 1. It is owned by the resident or guest of the resident of the property in front of which it No person having control or charge of a motor is parked; vehicle shall allow it to stand on any street unattended without first fully setting its parking 2. It is parked on the public street brakes, stopping its motor and removing the adjacent to the lot of the resident; and ignition key and, when standing upon any precipitous grade, the front wheels of the vehicle 3. It is parked on the public street no shall be angled into the curb. (Ord. 70-41 §5) longer than 10 days in any calendar year. After the 10 day allowance,the vehicle may not be parked or 10.28.060 Parallel Parking Requirements left standing for a period greater than 30 minutes, between the hours of 12am-6am. No person shall stand or park a vehicle in a street other than parallel with the edge of the C. Such vehicle must be parked in a manner roadway shoulder or curb when present, headed in which does not interfere with traffic or create a the direction of lawful traffic movement, and with hazard by obstructing the view of drivers. No the curbside wheels of the vehicle within 48 12 feature of the vehicle may create a hazard to inches of the edge of the curb, except where the pedestrian traffic, including but not limited to slide street is marked or signed for angle parking. (Ord. outs,canopies and retractable steps. 70-41 §6) D. Tractor Trailer,Truck Trailer.No person 10.28.070 Space Markings shall at any time park a tractor trailer or truck trailer as described in Section 10.28.010.0 unattended on Where parking space markings are placed on any improved public highway, public street or a street, no person shall stand or park a vehicle other public way within the city limits. (Ord. 01- other than at the indicated direction and within a 23; Ord. 93-21 §4; Ord. 81-86 §1; Ord. 81-84 §1; single marked space. (Ord. 70-41 §7) 10-28-3 Code Update: 6/14 TIGARD MUNICIPAL CODE 10.28.080 S.W. Main Street Between S.W. 215 feet southeasterly therefrom; 1. In that portion of the northeast half Way of S.W. Commercial Street extending from a point All parking of motor vehicles on that portion _ - - -• - "" - -- of S.W. Main Street between the intersection 253 feet southeasterly therefrom; thereof with S.W. Burnham Street and the Oregon - - : ..: •_ . .. . - 5. In that portion of the northeast half with the centerline of S.W. Main Street, and all of S.W. Commercial Street extending from a point diagonal or head in parking is prohibited.(Ord.70 which lies 418 feet southeasterly of the southeast 4448) 257 feet southeasterly therefrom; 10.28.090 Two-Hour Time Limit 6. In that portion of S.W.Walnut Place No person shall park or leave standing a extending from a point which lies 165 feet vehicle of any kind or character,whether motorized -• -- - _ - or not, and whether attended or unattended, _. '-- - ' e - continuously in excess of two hours in any area southeasterly therefrom. designated as a 2-hour parking zone during the times and days specified by signage, except with a B. BETWEEN 9 A.M.AND 6 P.M.: valid construction zone or temporary loading zone permit issued pursuant to TMC Section 10.28.138. 1. S.W.Main Street; ,except on Sundays and holidays, on the following public streets and highways, or portions thereof, 2. Repealed by Ord. 02 11; during the hours herein specifically designated: A. BETWEEN 8 A.M. AND 5 P.M.: 3. The northerly half of S.W. Center Street extending northeasterly from the intersection 1. In that portion of the southwest half thereof with Grcenburg Road to the intersection of of the right of way of S.W.Tigard Street extending S.W. 87th Avenue; from the southeast right of way line of S.W. Pacific Highway(99-W Overpass)to the northwest 4. The ast side of S.W. 87th Avenue right of way line of S.W.Main Street; between Pacific Highway and Center Street,except any area designated as a loading zone; 2. In that portion of the southwest half of S.W. Commercial Street extending from a point 5. Along the northeast side of S.W. .. .. - Burnham Street between Main Street and a point 100 feet from the south ast rb l e f M' 139 feet southeasterly therefrom; Street. 3. In that portion of the southwest half C. ANYTIME: of S.W. Commercial Street extending from a point .. -. Within the southwest half of S.W. 10-28-4 Code Update: 6/14 TIGARD MUNICIPAL CODE feet along the curbline from S.W.Pacific Highway, No person shall park a motor vehicle of any thence extending southeasterly 90 feet therefrom. kind or character, whether motorized or not, (Ord. 02-14; Ord. 99-13; Ord. 95-31; Ord. 92-27 whether attended or unattended, in any area §2; Ord. 87-05 §1; Ord. 86-45 §1; Ord. 84-03 §1; designated as a Sunday restricted zone during the Ord. 82-75 §1;Ord. 81-87 §1;Ord. 80-65 §3; Ord. times specified by signage.between the hours of 6 79-108 §1; Ord. 79-10 §1; Ord. 77-36 §1; Ord. 77- a.m.and 12 noon,on Sundays,according to Pacific 5 §1; Ord. 76-53 §1; Ord. 70-41 §9) Standard Time or Pacific Daylight Time as may be then in effect, on the following defined portions of 10.28.095 Repealed by Ord. 02-14 public streets in the city: 10.28.110 Fifteen-Minute Time Limit A. The westerly side of S.W. Grant Street extending from the intersection thereof with S.W. A. No person shall park or leave standing a Johnson Street to the intersection thereof with S.W. vehicle of any kind or character,whether motorized Walnut Avenue. or not, and whether attended or unattended, for a period of longer than 15 minutes in any area B. The southerly side of S.W. McKenzie designated as a 15-minute parking zone during the Street extending from the intersection thereof with times and days specified by signage. between the S.W. Grant Street to the intersection thereof with • S.W.Pacific Highway(99W). (Ord. 70-41 §13) holidays, in any ar a designated as a 15 minute parking zone. 1.-•. - B. The city engineer shall establish 15 No person shall park a motor vehicle of any minute parking zones to include no more than 20 kind or character between the hours specified on the following defined portions of public streets in the locations for the 15 minute parking zones, the the city: city e^ r shall consult with the owners of .. . . _ _ A. Repealed by Ord. 02 11. limit shall become effective upon installation of appropriate signing designating the parking spaces, B. Between the hours of 8 a.m. and 5 p.m. where the time limit applies. (Ord. 95-30; Ord. 86- within the northwesterly half of the right of way of 59 §1;Ord. 71-33 §1; Ord. 70-41 §§10, 12, 12A) _ 10.28.115 Four-Hour Time Limit of the roadway at Charles F. Tigard School grounds. No person shall park or leave standing a vehicle of any kind or character,whether motorized or not, or C. Between the hours of 7 a.m. and 6 p.m. attended or unattended,continuously in excess of 4 within the right of way of S.W.Garrett Street from hours in any area designated as a 4-hour parking the intersection thereof with S.W.Pacific Highway zone during the times and days specified by southeasterly 100 feet, excepting therefrom the signage, except with a valid permit pursuant to southwesterly 250 feet. TMC Section 10.28.138 or 10.28.139. D. Between the hours of 7 a.m. and 6 p.m., 10.28.120 Sunday Restrictions except Saturday and Sunday, within the right of way of S.W.Garrett Street between Cresmer Drive 10-28-5 Code Update: 6/14 TIGARD MUNICIPAL CODE and a point 400 feet southeasterly from Pacific -.• -• - - _ - - - Highway, except along the southwest side of painted markings. Garrett Street within 240 feet of Cresmer Drive. 2. Within the following described portions E. Between the hours of 8 p.m. and 6 a.m., of the right of way of S.W. Hall Boulevard: no person shall at any time park or leave standing a vehicle of any kind or character, whether a. Repealed by Ord. 80 65. motorized or not, and whether attended or unattended,within any portion of the right of way b. Within that portion of the right of of S.W. Milton Court beginning at the north right =:• _ - ' of-way—line-4-130144a Road and extending - northerly the full length of the street up to and Railroad tracks (Southern Pacific)southeasterly to (Ord. 02-14; Ord. 98-23; 90-12 §1; Ord. 84-68 §1; Creek. Ord. 83-18 §1; Ord. 74-44 §2) — 3 `:within the ast half of the right of way 10.28.130 Prohibited At Any Time of S.W. Hall Boulevard, within '135 feet northerly of the intersection of the east right of way line of No person shall at any time park or leave standing a vehicle of any kind or character,whether line of S.W. Pacific Highway(99W). motorized or not, and whether attended or unattended, in any area designated by signage as a 1. Repealed by Ord. 80 65. no-parking zone. within the following defined portions of public streets and highways within the 5. Within the west half of the right of way city: _. - . - .. - :, -- -:- -- of the intersection of the west right of way line of 1. Within the improved portion of the right of way as bounded by the curb lines, on each side line of S.W. Pacific Highway(99W). of S.W. Pacific Highway (99W), extending from the intersection of the centerline of S.W. Bull - 6. Repealed by Ord. 02 11. Mountain Road and the same extended to the - _ •. 7. Repealed by Ord. 02 14. limits,being an extension of the easterly line o€that 8. Within the right of way of S.W. .. _ .: !h.": . . , •_ - . - -. . . Boulevard on the north County,Oregon;except that there is authorized and - - - e' - - '. -. ' designated as a limited parking area, two parking northwesterly 170 feet. 4. Within the easterly half of the right of southwesterly lanes of travel,for vehicular parking way of S.W. Electric Street, within 100 feet purposes limited to any continuous period of not to northerly of the intersection of the easterly right _ .. of way line of S.W. Electric Street with the southwest along the curbline 20 feet from a point northerly right of way line of S.W.Main Street. opposite the most easterly corner of the Charles F. .. .. - - Ae _. 10-28-6 Code Update: 6/14 TIGARD MUNICIPAL CODE 10. Within the north half of the right of way of way line of S.W. Main Street and extending of S.W. Pinebrook Street, within 111 feet westerly thence southeast 95 feet. of the intersection of the west right of way line of S.W. Hall Boulevard with the north right of way 20. On S.W. Hunziker Street extending from line of S.W. Pinebrook Street. the intersection thereof with S.W. Hall Boulevard southeasterly approximately 2,853 feet. 11. Within the southeasterly half of S.W. Main Street from the intersection thereof with the 21. Within the right of way of S.W. 69th northeasterly line of S.W. Scoffins Street, _ northeasterly to the intersection thereof with S.W. with the south right of way of S.W. Pacific Pacific Highway right of way. right of way line of S.W. Dartmouth Street. 12. Within the northwesterly half of that portion of S.W.Main Street from its intersection on 22. On the northerly one half of S.W.Walnut '• _ Street beginning at the westerly edge of the northeasterly 230 feet. driveway entrance to Fowler Junior High School - - , .. -- 13. Within the right of way of S.W. Walnut said driveway. Street,extending from the intersection thereof with S.W. Pacific Highway (99W) northwesterly to 23. Within the southwest half of the right of Ticdeman Avenue. way of S.W. Commercial Street, within 15 feet southeasterly of the southeast right of way line of 14. Within the curblines on each side of S.W. S.W. Main Street. Sandberg Street,including the cul de sac. 15. Repealed by Ord.02 11. Lomita Street,beginning at a point in the centerline thereof, which point lies 200 feet east of the east 16. On the southwesterly one half of S.W. right of way line of S.W. 90th Aveniiencl Frewing beginning at a point 500 feet southeasterly running thence easterly and northerly a distance of of Pacific Highway and extending thence 160 feet therealong. southeasterly a distance of 200 feet. 25. Within the southeasterly half of S.W. 17. On the southeasterly one half of Grant Grant Avenue, beginning at the northeast right of Street beginning at the right of way line of Walnut way line of S.W. Walnut Street and extending Street and extending thence southwesterly to the northeasterly to the southwest right of way line of S.W. Tigard Street. school grounds. 26. Repealed by Ord.02 14. 18. On the south one half of Scott Court beginning at the right of 27. Within the right of way of S.W. 68th Avenue and extending thence westerly 283 feet. Parkway, extending from the intersection thereof 19. On the north ust one half of S.W. Street to the intersection thereof with the west Commercial Street beginning at the southeast right right of way line of S.W. 66th Avenue. 10-28-7 Code Update: 6/14 TIGARD MUNICIPAL CODE 28. Within the northwesterly half of the 36. Repealed by Ord. 02 11. right of way of S.W. Main Street, within 497 feet southwest of the south ast right of way line of 37. Within the rig . _. . S.W. Pacific Highway. - _ -- ' - -• --• - . . .. _ Highway. -of way of S.W. Boones Ferry Road, beginning at 38. Repealed by Ord. 02 11. Interstate No.5-wit -the southeast right of way line of S.W. Boones Ferry Road and extending 39. Upon or within any delineated bicycle southwesterly a distance of 270 feet therefrom. and/or pedestrian path(s)or lanes. 30. Within the right of way of S.W. Scoffins 10. Within the paved portions of S.W. 72nd Street,extending from the intersection thereof with Avenue between Pacific Highway and the S.W. Main Street, southeasterly to S.W. Hall Beaverton Tigard Highway(State Highway 217). 11. Along both sides of S.W. Greenburg 31. Repealed by Ord. 02 11. Road between Pacific Highway and Shady Lane. 32. Along both sides of S.W. 121st Avenue 12. Within the right of way of S.W. 110th between Scholls Ferry Road and Burlheights Avenue, beginning at a point 106 feet northerly of Drive. the north right of way line of S.W. Gaarde Street and extending thence 270 feet northerly. 33. Within the right of way of S.W. Summerfield Drive, extending from the intersection thereof with the north right of way-line Highway to 112th Avenue, except for that portion ' :.. of the north half of Gaarde Street beginning at a with the west right of way line of S.W. 98th point 80 feet east of the east curbline of 110th Avenue; except that there is authorized and Avenue and extending to a point 190 feet east of designated an unrestricted(time)vehicular parking the east curbline of 110th Avenue,measured along arca commencing at the west right of way line of the north curbline of Gaarde Street. S.W. Century Oak Drive running westerly a distance of 300 feet along the south curb of S.W. 44-. Within the northeasterly half of the right Summerfield Drive. of way of S.W. Canterbury Lane, extending from the intersection thereof with S.W. Pacific 34. In the southeasterly one half of S.W. _ .. - Main Street,extending southwesterly 115 feet from therefrom. the intersection of the southwest right of way lino 15. Within the right of way of S.W. Fir of S.W. Scoffins Street with the southeast right of Street,extending from the intersection thereof with way line of S.W.Main Street. S.W. 72nd Avenue, easterly to S.W.Fir Loop. 35. Along both sides of S.W. 72nd Avenue :. Loop, being all that portion thereof lying easterly Highway 217) and the south city limits. of S.W. Fir Street. 10-28-8 Code Update: 6/14 TIGARD MUNICIPAL CODE 47. Within the right of way of S.W. Hall _ . . -. •! -• - •' - Boulevard extending from the intersection thereof intersection. point which lies 200 feet south of the centerline of 56. On the northwesterly half of S.W. Ash S.W. Scoffins Street. •- - _ •' _ - line of S.W. Commercial Street and extending 18. Within the right of way of S.W. 70th thence northeasterly 138 feet. Avenue, extending from the intersection thereof 57. Within the curblines on each side of S.W. terminus thereof. Genesis Loop, extending from the most southerly intersection thereof with S.W. 115th Avenue • - easterly a distance of 165 feet. Place; also, within the southwest half of S.W. Walnut Place beginning at S.W. Pacific and, 58. Along both sides of S.W. Durham Road thence, extending a distance of 175 feet between Hall Boulevard and Pacific Highway. southeasterly along the curbline. 59. Repealed by Ord. 95 32. 50. Within a portion of the right of way of S.W. Hampton Street being all that portion thereof 60. Within the west half of the right of way lying between S.W. 72nd Avenue and S.W. 66th _. • _Avenue. . . • - - -- . . . e . •. !•. feet. 52. Repealed by Ord.98 09. 61. Within the right of way of S.W. 92nd Avenue, beginning at a point which lies 1,150 feet 53. Within the south ast half of the most southerly of the south ri_• •- -. . southerly end of S.W.Main Street,beginning at the `. . ' :•:; --• .•__ -- -" , • intersection of the southeast curblines of S.W. Pacific Highway and S.W. Main Street and west half thereof. a point; also, therein, beginning at a point on the - _ - - -• - Main Street curbline which lies 205 feet from said from Durham Road to a point 450 feet south of the . _ ! south curbline of Durham Road. therealong to a point. 63. On S.W. Varns Street from S.W. 72nd 54. Within the westerly half of the right of Avenue to a point 125 feet west of the west curbline way of 115th Avenue extending from the of 72nd Avenue. intersection with S.W. Gaarde Street northerly to the intersection of S.W.Fonner Street. 61-. On S.W. Watkins Avenue from S.W. Pacific Highway to a point 75 feet west of the west 55. Within the northwesterly right of way of curbline of Pacific Highway. S.W. McKenzie Street from a point 20 feet southeasterly from the intersection of the 65. Repealed by Ord. 09 09. 10-28-9 Code Update: 6/14 TIGARD MUNICIPAL CODE 66. On S.W. 69th Avenue from Pacific 78. Along the west side of S.W. 108th Highway to a point 150 feet north of the north Avenue from Chateau Lane to a point 233 feet south of the centerline of Chateau Lane until such ast curblinc of 69th Avenue. time as 108th Avenue is improved in this location to full minor collector standards. At the time that 67. Along the south side of S.W. Locust Street between Greenburg Road and 93rd Avenue. codified in this subsection(78)shall cease. 68. Along the south side of Spruce Street 79. Along portions of S.W. Fir Street between a point 100 feet cast of the extended between S.W.72nd Avenue and the street terminus centerline of S.W. 72nd Avenue and a point 100 west of 71th Avenue, as follows: along the entire feet west of the extended centerline of S.W. 72nd south side of the street; along the north side of the Avenue. street within 60 feet of the west curbline of S.W. 72nd Avenue;and along the north side of the street 69. Along both sides of S.W. 135th Avenue west of a point which is 60 feet west of the • _ ' ... ., .- centerline of S.W. 74th Avenue. Drive. 80. Along both sides of S.W. North Dakota 70. Along both sides of S.W. Nimbus Avenue between Scholls Ferry Road and a point 115th Avenue. Ferry Road. 81. Along both sides of S.W. Dartmouth Street between S.W. 68th Parkway and S.W. . .. - . :: . ' :._ Pacific Highway. between Hall Boulevard and S.W. 83rd Court. 82. Along the west side of S.W. 108th 72. Along both sides of S.W. Bonita Road Avenue between Durham Road and a point 115 feet between 83rd Court and Fanno Creek. north of the centerline of Chateau Lane. 73. Repealed by Ord. 02 11. 83. Along the west side of S.W. 109th Avenue beginning at the start of a curve 74. Along the north side of Canterbury Lane approximately 260 feet south of the south curb line of Canterbury Lane and continuing south a distance of 285 feet measured along the west curbline of • - - S.W. 109th Avenue. Terrace between S.W. 132nd Avenue and the west boundary of Benchvicw Estates subdivision as 81. Along the east side of S.W. 109th recorded in Book 66,page 38,of the plat records of at the start of a curve approximately 260 feet south of the south curblinc of Canterbury Lane and continuing south a distance • : .. - _ _. . -e:-. e of 125 feet measured along the east curbline of Street between Hall Boulevard and 93rd Avenue. S.W. 109th Avenue. 77. Repealed by Ord. 95 17. 10-28-10 Code Update: 6/14 TIGARD MUNICIPAL CODE 85. Along the south side of Canterbury Lane 07;Ord.95-06;Ord.94-22;Ord.93-27§§1,2;Ord. from Pacific Highway to a point 200 feet east of the 93-26 §1; Ord. 92-28 §1; Ord. 92-17 §1; Ord. 92- cast curblinc of Pacific Highway. 11 §1; Ord. 91-29 §1; Ord. 91-25 §1; Ord. 91-24 §1; Ord. 91-23 §1; Ord. 91-09 §1; Ord. 90-42 §1; • .. - -. . :. . ' :.. Ord. 90-36 §1; Ord. 90-35 §1; Ord. 90-34 §1; Ord. between S.W. 72nd Avenue and Upper Boones 90-33 §1; Ord. 90-32 §1; Ord. 90-31 §1; Ord. 89- F erry Road. 12 §1; Ord. 88-30 §1; Ord. 88-05 §1; Ord. 88-04 §1; Ord. 87-53 §1; Ord. 87-46 §1; Ord. 86-67 §1; 87. On both sides of S.W. North Dakota Ord. 87-06 §1; Ord. 86-55 §1; Ord. 86-54 §1; Ord. Street between Scholls Ferry Road and 86-45A §1;Ord. 86-13 §1;Ord. 86-04 §1;Ord. 84- Springwood Drive. 53 §1; Ord. 83-50 §1; Ord. 83-46 §1; Ord. 83-29 §1; Ord. 83-28 §1; Ord. 82-82 §1; Ord. 82-76 §1; 88. On S.W. 70th Avenue between Beveland Ord. 81-80 §1; Ord. 81-57 §1; Ord. 81-46 §1; Ord. Street and Franklin Street. 80-65 §§1, 3; Ord. 79-60 §1; Ord. 79-107 §1; Ord. 79-113 §1;Ord.79-114§1;Ord.79-39§1;Ord.79- 89. Along the southwest side of S.W. 9 §1;Ord.78-45 §1;Ord.78-68 §1;Ord.78-39 §1; Commercial Street beginning at a point 250 feet Ord. 78-38 §1; Ord. 77-93 §1;Ord. 77-92 §1; Ord. southeast of the southeast curblinc of Main Street 77-78 §1; Ord. 77-77 §1; Ord. 77-73 §1; Ord. 77- and continuing to a point 510 feet southeast of the 61 §1; Ord. 77-40 §1; Ord. 77-39 §1; Ord. 77-36 southeast curbline of Main Street. §2; Ord. 77-6 §1; Ord. 76-56 §1; Ord. 76-38 §1; Ord. 76-33 §1;Ord.76-31 §1;Ord. 76-20 §1;Ord. 90. On both shies of S.W. Walnut Street 76-8 §1; Ord. 76-7 §1; Ord. 76-6 §1; Ord. 75-47 .. _ . _. §1; Ord. 75-38 §1; Ord. 75-34 §1; Ord. 75-51 §1; Scholls Ferry Road. Ord.74-44 §1; Ord. 71-32 §1; Ord. 70-41 §14) 91. On both sides of S.W. Royalty Parkway 10.28.135 Parking Prohibited 8-‘M. To 6 between Pacific Highway and Naeve Street. P.M. Parking Permit Only Zones 92. Any portion of the right of way of S.W. • _ .. A. The City Council may, by resolution, line of Bonita Road and extending southerly 182 establish permit parking only zones. Such zones feet. will be for the exclusive use of vehicles with valid permits, issued pursuant to TMC Section 93. Within the northeast half of S.W. 10.28.139, during the days and times indicated by Commercial Street beginning at a point 348 feet signage. southeast of the southeast right of way line of S.W. Main Street and continuing to a point 118 feet B. At all times other than those times southeast of Main Street. designated in the resolution establishing a particular permit parking only zone,such zones are 94. On the cast side of S.W. 116th Place from available for general use. S.W. Beef Bend Road to a point 100 feet from the curbline of S.W. Beef Bend Road. (Ord. 14-07 §1; No person shall park or leave standing a Ord. 09-09 § 3; Ord. 02-14; Ord. 99-12; Ord. 99- vehicle of any kind or character,whether motorized 11; Ord. 98-23; Ord. 98-09; Ord. 96-01; Ord. 95- or not, between the hours of 8 a.m. and 6 p.m. on 32; Ord. 95-25; Ord. 95-23; Ord. 95-17; Ord. 95- any day of the week, including Saturday and 10-28-11 Code Update: 6/14 TIGARD MUNICIPAL CODE Sunday, on the southerly one half of the following persons or commodities,_ but nNoncommercial portion of S.W. Johnson Street, in the City of vehicles shall must, upon demand, give way to Tigard, Oregon: commercial vehicles whose drivers desire to use the zone for loading or unloading purposes. That portion of the southerly one half of S.W. Commercial vehicles using loading zones shall be Johnson Street lying westerly of and within 400 are entitled to the use of a loading zone only during feet of the northwesterly right of way line of S.W. such time as may reasonably be necessary for the Pacific Highway. (Ord. 75-19 §1) loading and unloading of persons and materials and for so long as such activity actually continues. 10.28.136 Loading Zones Loading zones shall may not be used by employees Establish of the business or businesses for the benefit of which they were established, for any purpose A. The city council may, by resolution, except the continuous loading or unloading of establish loading zones along any street for the persons or materials. purpose of permitting the loading and unloading of merchandise and persons. The action of the city C. At all times other than those times council establishing such loading zones must be designated in the ordinance resolution establishing taken by ordinance. In establishing loading zones a particular loading zone, such zones shall be are the city council shall give consideration to the available for general use, under the parrking volume and nature of business within the area regulations applicable to the district in which they under consideration, the traffic demands upon the are located. street in question, the nature of the need of the adjacent business or businesses and of the needs of D. The city council shall may consider other businesses within the immediate area, the creation of loading zones upon application by any width and surface of the street, and any other resident or property owner, and if, after relevant information.In establishing loading zones, consideration of the factors identified in subsection the city council may limit the applicability of the A of this section,the city council determines that a loading zone restriction to certain hours of the day loading zone should be created, it shall will create or night. The characterization of the loading zone such loading zone by ordinance resolution and as an area of restricted parking shall be indicated direct that the loading zone so established by by the placement of signs which shall indicate marked by appropriate signs.The city shall procure . . :, . appropriate signs and cause-them to bo stalled hours of the day during which the "loading zone" The City may require the applicant shall to pay the restricted applies. Loading zones will be marked city the cost of the necessary signs and poles and by signage. the cost of the labor necessary to install them„and installation shall not be made before such payment. B. Loading zones shall--be are reserved for (Ord. 76-10 §1) use by commercial vehicles in loading and unloading persons and commodities during the !. -: • : -: , • ! • • : hours designated on all days except Sundays and holidays. No person shall may stop, stand or park The following portions of public streets within any vehicle other than a commercial vehicle within the City of Tigard are designated as loading zones the designated area between such hours,except that for the hours indicated: noncommercial vehicles may use such zones while actually engaged in the loading or unloading of A. Repealed by Ord. 95 20. 10-28-12 Code Update: 6/14 TIGARD MUNICIPAL CODE entered upon the permit., but in no event shall a B. Within the easterly half of S.W. 87th permit be issued for a period to may not exceed one Avenue, beginning at a point 30 feet southerly of year. an easterly extension of the south boundary line of S.W. Center Street and, thence, running southerly C. Fees. The fee for a construction zone 60 feet. The descf:-: - ' . •. . . . permit or a temporary loading zone permit shall be loading zone between the hours of 9 a.m.to 3 p.m., $21.00 for one year or two dollars for each month Saturdays, Sundays and holidays excluded. or portion of a month for periods of less than one year, will be determined by resolution of the City C. Repealed by Ord. 95 20. (Ord. 95 20; Council and will be paid The fee shall be paid to Ord. 92 27 §1; Ord. 86 60 §1; Ord. 86 11 §1; Ord. the chief of police at the time of application. In the 81 90 §1; Ord. 76 10 §2) event the need for the permit terminates before the end of the term allowed by the permit as issued,the 10.28.138 Construction Zones And applicant shall be entitled to a refund in the amount Temporary Loading Zones of the charge that would have been made for the unused term of the permit. A. Provision for Permits. Any person who finds it necessary to park a motor vehicle for actual D. Display of Permit. person construction or maintenance work or who finds it shall use a parking space in such a way as to require necessary to block off a parking space or spaces the issuance of a construction zone or temporary along the curb in a zone in which parking is ••- _ •. controlled, shall be entitled to a construction zone construction permit or temporary loading zone permit. Any person who finds it necessary in permit, and at all such times as the vehicle or connection with the conduct of a commercial vehicles shall be Whenever a vehicle is parked in enterprise or in the construction of a building, to the place as authorized by such a permit,the permit park a motor vehicle or to block off a parking space shall must be legible and visible from outside the or spaces along the curb for such work may apply vehicle. displayed in such a way as to permit one for shall be entitled to a temporary loading zone observing the vehicle from the outside to read it. If permit. Application for a construction zone permit the vehicle is equipped with a sunvisor above or or a temporary loading zone permit shall be made beside the windshield on the driver's side, the in writing on a form provided by the community permit shall be displayed on the sunvisor, which development director. The director, or director's shall be turned down so as to expose the permit designee, to the chief of police upon a form to be toward the outside of the vehicle. provided by him or her showing such information as he or she may request. The chief of police shall E. The purpose of this section is to permit make such investigation as he or she deems use of the public streets for parking in necessary and, if he or she is satisfied that the circumstances in which parking would otherwise applicant has a reasonable need for the permit,the be prohibited or limited as to time pursuant to the chief of police shall will issue a construction zone ordinances of the City of Tigard. (Ord. 78-75 §2) permit or a temporary loading zone permit. 10.28.139 Permit Parking. B. Term of Permit. The term of a permit issued by the chief of police pursuant to subsection A. A vehicle parking permit allows: A of this section shall be established by the chief of petiee will be determined by the director and 1. the parking of a permitted vehicle to 10-28-13 Code Update: 6/14 TIGARD MUNICIPAL CODE be exempt from the posted time limit under 1. Displays a permit on a vehicle for TMC Section 10.28.115 where permit parking which the permit was not issued; is designated by signage; and 2. Displays a permit that is expired, 2. the parking of a permitted vehicle in a suspended, or revoked; space identified by signage as being for permit parking only in a permit parking zone 3. Obtains a permit from the City by established pursuant to TMC Section misrepresentation; 10.28.135. 4.Fails to surrender a permit at the B. Any person is eligible to obtain a vehicle City's lawful request; parking permit. 5. Duplicates or attempts to duplicate, C. A person desiring a vehicle parking by any means, a parking permit authorized permit must apply for same with the community pursuant to this chapter, or displays such a development department on a form prepared by duplicate permit on any vehicle. the City and pay applicable fees. Permit fees and changes to permit fees for permit parking H. In addition to any fines or other authorized by this chapter shall be by resolution of penalties that may be imposed, upon conviction the City Council. for misusing a parking permit, all permits issued to the offender and the right to apply for or D. A permit holder shall notify the display a permit shall be suspended for a period of community development department of loss or three months. theft of a vehicle parking permit within three business days. The permit holder may purchase a I. Misuse of a parking permit is a replacement vehicle permit by paying the violation punishable under TMC Section applicable fee,as set by resolution of the City 10.28.150. Council. J. Display of a vehicle parking permit does E. A parking permit is valid until not convey any privileges other than that of expiration, surrender, or revocation so long as the exceeding the posted permit parking time limit or permit holder and its vehicle remain in parking in permit parking areas. It does not compliance with all parking area regulations. authorize parking in any other restricted zone and is not a defense in enforcement of TMC Chapter F. The City may revoke and may require 7.60. the surrender of a vehicle parking permit held by a person or business who commits misuse of a K. Nothing in this ordinance shall limit the parking permit as defined in subsection G of this authority of any city police officer from requiring_ section. or causing the removal of any parked vehicle in an emergency or where the vehicle is subject to G. A person commits the offense of seizure or removal according to law. misusing a parking permit if a person does any of the following: 10-28-14 Code Update: 6/14 TIGARD MUNICIPAL CODE 10.28.140 Violation—Mode of Charging 10.28.150 Violation—Penalty Defendant Any violation of the provisions of any section A. In all prosecutions for violation of city of this chapter or any rule or regulation therein motor vehicle parking laws, it shall be sufficient to stated, shall, upon conviction, be punishable by a charge the defendant by an unsworn written notice fine of not more than $100.00 for each violation. if the same clearly states: set by resolution of the City Council. (Ord. 70-41 §30) 1. The date, place and nature of the charge. 10.28.160 Authority To Impound Improperly Parked Vehicles 2. The time and place for defendant's appearance in Court. A. When any unattended vehicle is parked upon any street, alley or public way of the City of 3. The name of the citing arresting Tigard in such a manner that it is unlawfully parked officer. in any prohibited or restricted area;or is unlawfully parked for a length of time prohibited by ordinance 4. The license number of the vehicle. or resolution of this city; or is parked in such a position that it constitutes an obstruction to traffic B. The notice provided for in subsection A or creates a danger to travel upon the street, alley of this section shall either be delivered to the or public way; or is found abandoned in any street, defendant or placed in a conspicuous place upon alley or public way;or in the event that an operator the vehicle involved in the violation. The notice of a vehicle is arrested and placed in custody and is shall serve as the complaint in the case.In all other not in condition to drive the vehicle to a place of respects the procedure now provided by law in such safety and there is no other person present who may cases shall be followed. (Ord. 70-41 §15) properly act as agent for such operator to drive the vehicle to a place of safety,such vehicle is declared 10.28.145 Violation—Parking Time to be a public nuisance and subject to summary Limits abatement,removal and impounding. A. It shall be unlawful to park a vehicle in B. Both the owner and the operator of a violation of the maximum time limits applicable in vehicle impounded pursuant to subsection A of this any time limited parking zone. The time limits section shall be legally responsible for payment of mean the continuous aggregate of time in which a the costs of towing and storage. The towing and vehicle is parked in a time-limited zone. This storage charges shall be established in advance, shall not prohibit removing a vehicle from the pursuant to an agreement between the police above-designated area and returning the vehicle to department of the City of Tigard and the towing said area after expiration of one hour or moving and storage firm or firms called upon to conduct the vehicle more than 300 feet from its original such business. No charges in excess of those location. previously agreed upon shall be levied against the owner or operator of a vehicle towed pursuant to B. Subsection A does not apply to vehicles in subsection A of this section. a 4-hour parking space displaying a valid permit pursuant to TMC Sections 10.28.138 or C. The towing service called upon to 10.28.139. impound a vehicle and finding the owner or driver 10-28-15 Code Update: 6/14 TIGARD MUNICIPAL CODE thereof present shall release the vehicle upon the i. Any official side-mounted presentation of proper identification of the owner traffic control sign or signal, or operator, and upon the owner or operator's signing an authorized receipt in duplicate (except ii. Intersection traffic, or where exclusive orders are given by the police department that the vehicle be impounded), and a iii. Any pedestrian in a service charge not to exceed one-half of the cost for crosswalk; the towing of the vehicle shall be made,that charge to be paid by the owner or operator. The duplicate c. Vehicles described in signed receipt shall be given to the operator or subsection C.2 of this section include, but are not owner of the vehicle, and the original signed copy limited to,the following: shall be recorded by the towing service in its ledger of releases. (Ord. 77-98 §1) i. Vehicles with darkened, shaded or curtained windows, 10.28.170 Parking Prohibited In Specified Places ii. Vehicles modified to eliminate side window(s)and/or rear windows, It is unlawful for the driver of a vehicle to stop or park the vehicle, whether attended or iii. Vehicles with visibility unattended, except when necessary to avoid through windows blocked by parcels, packages or conflict with other traffic or in compliance with the freight, directions of a police officer or traffic control signal, in any of the following places: iv. Pickup vehicles of less than six feet in height but mounted with a canopy A. Within an intersection. or camper with limited visibility through it, B. On a crosswalk. v. Panel trucks(except those with windows on both sides of the rear portion of C. Within 50 feet of any uncontrolled the truck, and also on the back of the truck); intersection or any intersection controlled with side-mounted stop signs,side-mounted yield signs, d. An uncontrolled intersection is or side-mounted signals,except: one where there are no traffic-regulating signs or signals. 1. On one-way streets leaving an D. Any other vehicle not identified in intersection; subsection C of this section,within 25 feet from the intersection of curb lines;or if none,then within 15 2. On streets otherwise signed if: feet of the intersection of property lines at an intersection within a business or residence district. a. The vehicle is over six feet in height,or E. Within 15 feet of the driveway entrance to any fire station. b. The vehicle is less than six feet in height but by manufacture or modification, F. Within 10 feet of a fire hydrant, save and obscures the vision of: except taxicabs occupying properly signed taxi zones. 10-28-16 Code Update: 6/14 TIGARD MUNICIPAL CODE passengers or merchandise for a period not G. In front of a private driveway. exceeding two minutes. H. On a sidewalk or parking strip. QP. In any construction zone, except by such vehicles as are actually necessary to the I. On the roadway side of any vehicle construction work being carried on. stopped or parked at the edge of a street or highway. RQ. On city-owned or city-operated property designated for use for motor vehicle parking by J. At any place where official signs, curb authorized city personnel only,without the consent paint, or markings have been installed prohibiting of the city,if there is in plain view on such property standing, stopping or parking; provided, however, a sign prohibiting public parking or restricting driver-attended private passenger motor vehicles, parking. taxicabs or other public conveyances may stop for not more than 30 seconds in such a tow-away zone SR. Within any city park or part thereof, for the purposes of loading and unloading during the time the park, or the relevant part of it, passengers. is closed to the public.(Ord. 87-70 §1;Ord. 78-76) K. In front of the entrance of any post office S. In a marked bicycle lane. or other place where mail is received; or within 10 feet of a mailbox during the hours of 8:00 a.m. to T. Within 20 feet from a crosswalk at an 4:30 p.m. in any residential area. intersection. L. In any street, alley or lane, so as to 10.28.175 Residential Parking Zones prevent the free passage of other vehicles in both directions at the same time (except on one-way A. The city council, pursuant to TMC streets), or so as to prevent any vehicle from Section 10.32.010, may establish residential turning from one street into another. parking zones. The purpose of residential parking zones is to prohibit parking by nonresidents during M. In any street, alley or lane, in lieu of off specific time periods within specific geographic street parking, for a period longer than 48 hours. areas used predominantly for residential purposes. The city council resolution which establishes the NM.In any emergency zone. residential parking zone shall clearly define the geographic limits of the area affected by the zone QN. In any loading zone, except as to a and the hours during which the parking by commercial vehicle when actually engaged in nonresidents will be prohibited. Residents within loading or unloading goods,wares,merchandise or the parking zones may obtain a permit from the city materials, for a period not exceeding 20 minutes; manager pursuant to subsection B of this section to and as taxicabs when loading or unloading allow for the parking of vehicles within the zone passengers or merchandise, for a period of time not during the restricted hours. exceeding two minutes. B. The city manager shall establish PO. In a bus loading zone,except a motor bus procedures and standards for the issuance of or taxicab actually engaged in loading or unloading permanent and temporary permits to residents that will allow the residents and their guests to park 10-28-17 Code Update: 6/14 TIGARD MUNICIPAL CODE their vehicles within residential parking zones so shall constitute a violation of this section. (Ord. during the restricted hours.At a minimum,the city 03-08; Ord. 91-26 §1) manager shall establish rules which establish the criteria for issuance, surrender and revocation of 10.28.180 Definitions For Sections permits,evidence of proof of residence and vehicle 10.28.190 Through 10.28.210 ownership, terms of the permit, standards for display of the permit, and allow for the issuance of As used in Sections 10.28.190 through temporary permits to residents for the parking of 10.28.210 unless the context requires otherwise: nonresident vehicles for temporary periods upon a showing of reasonable need for such permits. A. "Disabled parking space" means a parking space that is on private or public property C. The city manager shall cause to be and is marked or signed to provide parking for installed and maintained,pursuant to TMC Section disabled persons persons with disabilities. 10.32.020, official signs for residential parking zones which clearly identify the parking B. "Disabled person" means a person who restrictions for nonresidents and the exception to _ those restrictions for permit holders within the disabilities: residential parking zones. 1. Loss or losf, of function of one or D. It shall be unlawful for any person to: both legs or significant limitation in the use of the legs; 1. Provide false information in connection with an application for a permanent or 2. Inability to be mobile without the temporary permit. use of a wheelchair or other assistance device; 2. Fail to surrender a permit, when 3. Loss or loss of function of both requested to do so, when the person is no longer hands; entitled to the permit. 1. Loss of vision or substantial loss of 3. Use a permit when the permit holder visual acuity or visual field beyond correction; is no longer entitled to the permit. 5. Respiratory disability that makes 4. Use, or allow the use of a permit in use of walking as a means of transportation conjunction with a vehicle other than the vehicle impossible or impractical; or for which the permit was issued. 5. Use,or allow the use of a temporary 6. Cardiovascular disability that makes permit in a manner inconsistent with the terms and - .limitations of the permit. impos.,ible or impractical. E. The city manager is authorized to revoke BF. "Government building" and "public any permit when the permit holder is found to be in building" have the meanings given those terms in violation of the provisions of this section, and, ORS 447.210. upon written notification thereof,the permit holder shall surrender the permit to the city. Failure to do CD. "Marked motor vehicle" means a motor vehicle conspicuously displaying the decal, 10-28-18 Code Update: 6/14 TIGARD MUNICIPAL CODE insignia or plates issued under the provisions of whether or not the vehicle displays a disabled ORS 487.925. (Ord. 80-58 §1) person parking permit; or D. "Person with a disability"means a person 3. The person parks a vehicle in a who permanently suffers from any of the following parking space that is on private or public property disabilities: and that is marked or signed "Wheelchair User Only"as described in ORS 447.233 and the vehicle 1. Loss or loss of function of one or does not conspicuously display a "Wheelchair both legs or significant limitation in the use of the User"placard or decal issued under ORS 811.613. legs; B. A person commits the offense of blocking a 2. Inability to be mobile without the parking space reserved for persons with disabilities use of a wheelchair or other assistance device; if the person: 3. Loss or loss of function of both 1. Stops or parks a vehicle in such a way hands; as to block access to a parking space that is on private or public property and that is marked or 4. Loss of vision or substantial loss of signed to provide parking for persons with visual acuity or visual field beyond correction; disabilities; or 5. Respiratory disability that makes 2. Places an object or allows an object to use of walking as a means of transportation be placed in such a manner that it blocks access to impossible or impractical; or a parking space that is on private or public property and that is marked or signed to provide parking for 6. Cardiovascular disability that makes persons with disabilities. use of walking as a means of transportation impossible or impractical. C. A person commits the offense of unlawful use of a disabled person parking permit if 10.28.185 Parking for Persons with Disabilities the person: A. A person commits the offense of 1. Is not a person with a disability and is unlawful parking in a space reserved for persons not transporting the holder of a disabled person with disabilities if: parking permit to or from the parking location;and 1. The person parks a vehicle in any 2. Uses a disabled person parking permit parking space that is on private or public property described under ORS 811.602 or 811.606 to and that is marked or signed to provide parking for exercise any privileges granted under ORS persons with disabilities and the vehicle does not 811.635. conspicuously display a disabled person parking permit issued by Oregon DMV or another D. A person commits the offense of use of jurisdiction. an invalid disabled person parking permit if the person uses a permit that is not a valid permit from 2. The person parks a vehicle in the another jurisdiction, and that: aisle required by ORS 447.233 regardless of 10-28-19 Code Update: 6/14 TIGARD MUNICIPAL CODE 1. Has been previously reported as lost or stolen: 1. To parking in zones where stopping, 2. Has been altered; parking or standing of all motor vehicles is prohibited; 3. Was issued to a person who is deceased at the time of the citation; 2. To late evening or overnight parking where such parking is prohibited; 4. Has not been issued under ORS 811,602; 3. To parking in zones reserved for 5. Is a photocopy or other reproduction special types of motor vehicles or activities; or of a permit, regardless of the permit or status; or 4. To parking in zones where parking 6. Is mutilated or illegible. is permitted only for 30 minutes or less. E. Subsections A through D of this TMC D. A person who is not disabled other than a Section 10.25.085 do not apply: person with a disability,as defined in TMC Section 10.28.180, and who exercises the privileges 1. To a vehicle that is momentarily in granted to a disab.led person with a disability under a disabled parking space for purposes of allowing this section, commits a parking violation as a person with a disability to enter or leave the provided in Section 10.28.150. (Ord. 80-58 §2) vehicle. 2. To any disabled parking space that Disabled-Persons-With- is subject to different provisions or requirements under city ordinance if the different provisions or Exceptions requirements are clearly posted. A. Except as provided in subsection B of 10.28.190 Application Of Parking , •. . .. Regulations To Disabled is not a marked motor vehicle in a disabled parking Persons With Disabilities space without a disabled person parking permit. A person with a disability may: B. Subsection A of this section does not A. Park a marked motor vehicle in any public parking zone restricted as to the length of 1. To a vehicle that is momentarily in time parking is permitted therein without incurring a disabled parking space for purposes of allowing the penalties imposed for overtime parking in such a disabled person to enter or 1 ave the vehicle. zones; and 2. To any disabled parking space that B. Park a marked motor vehicle in any is subject to different provisions or requirements public parking zone with metered parking without under city ordinance if the different provisions or being required to pay any parking meter fee. requirements are clearly posted. C. The provisions of subsection A of this section do not apply: 10-28-20 Code Update: 6/14 TIGARD MUNICIPAL CODE C. Violation of subsection A of this section is a parking violation as prohibited in Section 10.28.150. (Ord. 80-58 §3) 10.28.210 Removal And Impoundment Of Vehicle Unlawfully Parked In Space Reserved For Disabled Persons With Disabilities A vehicle parked on private property in violation of Section 10.28.240185 is subject to the provisions of Section 10.28.160.(Ord. 80-58 §4)■ 10-28-21 Code Update: 6/14 Exhibit B TIGARD MUNICIPAL CODE Chapter 7.60 ABANDONED OR STORED VEHICLES. c. The vehicle appears to be wrecked, partially dismantled or junked—er_ Sections: d. The vehicle appears to have been 7.60.010 Definitions. " :" - -. ' . - _ 7.60.015 Abandoned Or Stored Vehicles- e. :.! . - .. -Offense. 7.60.020 Removal--Notice. e. The vehicle has remained in the 7.60.030 Removal--Procedure. same position, or within the five hundred foot 7.60.040 Information Provided By radius of its earlier position, for a period of at least Tower. thirty(30)days. 7.60.050 Impoundment--Notice. 7.60.055 Hearing To Contest Validity Of 2. "City" means the City of Tigard. Custody And Removal. 7.60.057 Exemption For Criminal 3. "Costs" means all expenses associated Investigation. with the towing, storing and selling a vehicle in 7.60.060 Appraisals. violation of Section 7.60.015. 7.60.070 Vehicles--Disposition. 7.60.080 Sale--Notice. 4. "Chief of Police" includes the Chief, 7.60.090 Sale--Procedure. designee of the Chief or any authorized law 7.60.100 Redemption Before Sale. enforcement officer of the City, including code 7.60.110 Sale--Proceeds Disposition. enforcement officers. 7.60.120 Application. 7.60.130 Charges. 5. "Owner" means any individual, firm, 7.60.140 Forms. corporation or unincorporated association, 7.60.150 Claim Of Owner To Proceeds. partnership, limited liability company or other entity with a claim,either individually or jointly,of 7.60.010 Definitions. ownership or any interest of record, legal or equitable,in a vehicle. A. As used in this chapter, unless the context requires otherwise: 6. "Stored" or "Storage" means any vehicle that has remained in the same location for a 1. "Abandoned" or "abandoned vehicle" minimum of 72 hours. means any vehicle that has been deserted or relinquished. A vehicle shall be considered 67. "Vehicle"means every device in,upon or abandoned if it has remained in the same location by which any person or property is or may be for more than twenty-four hours and one or more transported or drawn upon a public highway, of the following conditions exist: except devices used exclusively upon stationary rails or tracks. (Ord. 97-04; Ord. 92-31 §1, 1992; a. The vehicle has an expired license Ord. 90-04 §1, 1990; Ord. 73-24 §1, 1973). plate;or 7.60.015 Abandoned Or Stored Vehicles- b. The vehicle appears to be -Offense. inoperative or disabled; or 7-60-1 SE Update: 12/01 TIGARD MUNICIPAL CODE 1. It shall be unlawful for any person to examining the records of the appropriate abandon a vehicle on any public right of way or Department of Motor Vehicles. other public property within the City of Tigard. The owner(s)of the vehicle shall be responsible for A.1W.If a vehicle is found abandoned or stored as any and all monies incurred or charges associated described above, the City shall give notice to with the cost of the removal, storage, detention, remove the vehicle by affixing a notice to tow the maintenance and disposition of the abandoned or vehicle. :: - • • ••• ••- .- . stored vehicle. 1. By affixing a notice to tow the vehicle 2. Except for those vehicles subject to the - •. .. - ; provisions of subsection 3 below, a vehicle found and- to be in violation of subsection 1 above, is subject to the provisions for notice,removal,impoundment 2. By mailing notice, by certified mail with and disposition as provided for under 7.60.020, the receipt stamped as proof of mailing,at least five 7.60.030, 7.60.050, and 7.60.070 to 7.60.110 of .. _ .. this Chapter. .- - - •- _ •- •• - -holidays, Saturdays or Sundays. 3. In the event a vehicle is abandoned or stored upon a public right of way or on public C. The notice referenced in subsection B. above property which vehicles has, on two prior shall state: occasions within a one (1) year period, been identified by the Chief of Police as abandoned or 1. That the vehicle violates Chapter 7.60 of stored and the owner thereof has been given notice _ - -• -- - , consistent with the terms of Section 7.60.020 on subject to being towed and impounded if the both prior occasions,then the vehicle is deemed to .- . .. . be a threat to the traveling public and can therefore be immediately towed and impounded by the City 2. That the vehicle, if towed and without prior notice to the owner or apparent owner impounded, will be subject to towing, storage and thereof. However, notice consistent with 7.60.050 other related charges and costs and may be sold to shall be sent to the owner,/ or apparent owner thereof within forty-eight (48) hours of the impoundment, excluding Saturdays, Sundays and 3. That the owner or lawful possessor legal holidays. 4. The violation of this Chapter is a Class B reasonableness of any charge resulting from the traffic infraction. (Ord. 97-04; Ord. 90-04 §1, tow as well as for any cost of impoundment. 1990). 1. That a hearing must be requested within 7.60.020 Removal--Notice. five (5) business days of the mailing date of the notice. whenever a vehicle is found abandoned or stored RD.In the event a vehicle is abandoned or stored on any public right of way or public property, to in a location or manner as to constitute an imminent determine the owner(s)thereof, by any reasonable or immediate hazard or obstruction to traffic, the Chief of Police may immediately take custody of 7-60-2 SE Update: 12/01 TIGARD MUNICIPAL CODE and remove said vehicle without giving the notice provide, by first class mail and also by certified provided for above prior to the tow and mail with the receipt stamped as proof of mailing, impoundment. (Ord. 97-04; Ord. 90-04 §3, 1990; within forty-eight hours of the removal, notice to Ord. 73-24 §2, 1973). the owners of the vehicle as shown in the records of the Department of Motor Vehicles of the 7.60.030 Removal--Procedure. availability of a right to a hearing to contest the towing and impoundment. The forty-eight hour A. An abandoned or stored vehicle which period does not include holidays, Saturdays or remains in the same position, or remains within a Sundays. five hundred foot radius has not been moved a minimum of five hundred feet from of its earlier B. Any notice given under this section after a position for a period of five (5) days (holidays, vehicle is taken into custody and removed shall Saturdays and Sundays not included) after an state all of the following: owner has been requested to remove it or after notice has been served as required by Section 1. That the vehicle has been impounded as 7.60.020, may be removed by the police a result of its violation of Chapter 7.60 of the department using their own personnel, equipment Tigard Municipal Code; or facilities or those of others. (Ord. 97-04; Ord. 92-31 §2, 1992; Ord. 90-04 §4, 1990: Ord. 73-24 2. The place where the vehicle is §3, 1973). impounded or the telephone number and address of the appropriate authority that will provide the 7.60.040 Information Provided By information; Tower. 3. That the vehicle is subject to towing and A. A person who tows a vehicle at the request of storage charges as well as the accruing rate for the the City shall provide notice to the person claiming daily storage charges; the vehicle,containing the following information: 4. That the vehicle and its contents are 1. That the vehicle has been towed for subject to lien for payment of the towing and violation of the Tigard Municipal Code; and storage charges and that the vehicle and its contents may be sold by the City or the towing and storage 2. That a hearing may be requested to facility to cover the charges if the charges are not contest the validity of the tow, the time within paid within fifteen(15)days; which to make the request, and the method for making the request. 5. That the owner of the vehicle armor its contents is entitled to a prompt hearing to contest B. Each person who redeems a vehicle shall sign the validity of custody and the reasonableness of a copy of the receipt issued, indicating that they the charges therefor; have received notice of their right to a hearing. (Ord. 97-04; Ord. 90-04 §5, 1990; Ord. 73-24 §4, 6. That the hearing must be requested not 1973). more than five (5) days, (holidays, Saturdays or Sundays not included),from the mailing date of the 7.60.050 Impoundment--Notice. notice and the method for requesting a hearing; A. If the City takes custody of a vehicle, it shall 7. That the vehicle and its contents may be 7-60-3 SE Update: 12/01 TIGARD MUNICIPAL CODE immediately reclaimed by presentation to the other person who demonstrates a right to appropriate authority of satisfactory proof of possession of the vehicle. If the vehicle is ordered ownership or right to possession and payment of released,the person to whom the vehicle is released all the accrued towing and storage charges. (Ord. is not liable for any predecision towing or storage 97-04; Ord. 90-04 §6, 1990; Ord. 73-24 §5, 1973). charges. If the person has paid the towing and storage charges,the City shall reimburse the person 7.60.055 Hearing To Contest Validity Of for the payment. The person shall be liable for Custody And Removal. storage charges incurred more than twenty-four hours after the time the vehicle is officially ordered A. An owner or any other person who reasonably released to the person. appears to have an interest in the vehicle may request a hearing to contest the validity of the tow b. Valid, the City shall order the and/or impoundment of a vehicle by submitting a vehicle be held until the costs of the hearing and all written request for hearing with the City not more towing and storage costs are paid. If the vehicle than five (5) days from the mailing date of the has not yet been removed, the City shall order its notice. The request shall state the reason(s) why removal. the owner or other interested person believes that tow and/or impoundment is or would be improper. 5. A person failing to appear at a hearing is A hearing shall comply with all of the following: not entitled to another hearing unless the person provides the City satisfactory proof for the person's 1. Upon receipt of a proper request for a failure to appear. hearing, the City shall set a time for a hearing within seventy-two(72)hours of the receipt of the 6. The City is only required to provide one request and shall provide notice of the hearing to (1) hearing each time it proposes to or takes a the owners of the vehicle. The seventy-two hour vehicle into custody and thereafter removes the period in this subsection does not include holidays, vehicle. Saturdays or Sundays. 7. The Hearings Officer may be an officer, 2. Hearings held under this section may be official or employee of the City,other than the City informal in nature, but shall afford a reasonable police departmetnnt,but may not have participated opportunity for the person requesting the hearing to in any determination or investigation related to the demonstrate by the statements of witnesses and tow and/or impoundment of the vehicle. The other evidence, that the tow mor storage of the Hearings Officer may promulgate rules for vehicle was invalid, or for any other reason not conducting hearings. justified. 8. The determination of the Hearings 3. The City shall provide a written Officer at a hearing is final and not subject to statement of the results of the hearing to the person appeal. (Ord.97-04; Ord.90-04 §7, 1990). requesting the hearing. 7.60.057 Exemption For Criminal 4. If the City finds after a hearing that the Investigation. custody and removal of a vehicle was: A vehicle that is being held as part of any a. Invalid, the City shall order the criminal investigation is not subject to any immediate release of the vehicle to the owner or requirements of Section 7.60.020, 7.60.050 and 7-60-4 SE Update: 12/01 TIGARD MUNICIPAL CODE 7.60.055. (Ord. 97-04; Ord. 90-04 §8, 1990). the vehicle and execute a certificate of sale. 7.60.060 Appraisals. 4. The certificate of sale shall be substantially as follows: A person who is issued an appraiser certificate by the Department of Motor Vehicles shall be the CERTIFICATE OF SALE only person qualified to appraise vehicles for sale under Sections 7.60.070 and 7.60.080 through This is to certify that under the provisions of 7.60.090. (Ord. 97-04; Ord. 90-04 §9, 1990: Ord. Ordinance No. 73- entitled 'An Ordinance 73-24 §6, 1973). Providing for the Impounding and Disposition of Abandoned Vehicles', I did on the _ day of 7.60.070 Vehicles--Disposition. -1-920 , sell to ,for the sum of $ cash,the following described personal property,to- A. As often as necessary,the Chief of Police shall wit: be provided with a list of all unclaimed vehicles which have been towed and stored by or for the (Brief description of property) City. Dated this _ day of ,4-120 . 1. If the vehicle has been stored for more than fifteen (15) days and has been appraised at Note:The City of Tigard assumes no responsibility seven hundred fifty dollars ($750) or less, or has as to the condition of title of the above described been in storage for thirty (30) days or longer, the property. In case this sale shall for any reason be Chief of Police shall as soon as convenient, invalid,the liability of the City of Tigard is limited authorize the sale of the vehicle in accordance with to the return of the purchase price. the provisions of any contract pertaining thereto. If there is no contract, the Chief of Police shall file 5. In the event a vehicle is sold in with the Department of Motor Vehicles the license accordance with the provisions of a contract, the plates, if any, and an affidavit describing the Chief of Police shall ensure that,at the time of sale, vehicle, stating the location and appraised value of that a certificate of sale in substantially the same the vehicle, and stating that the vehicle will be form as described in subsection 4-of this section is junked or dismantled. The Chief of Police or issued to the purchaser. (Ord. 97-04; Ord. 90-04 designee shall state that notice of intent to junk or §§10, 11, 1990; Ord. 73-24 §7, 1973). dismantle the vehicle has been sent with notification of the location of the vehicle to the 7.60.080 Sale--Notice. owner. A. The Chief of Police may decide to sell at 2. Failure of the owner to reclaim the public auction any vehicle which has not been vehicle within fifteen (15) days after the date claimed within thirty(30)days and which is valued notification is mailed shall constitute a waiver of at seven hundred fifty dollars ($750) or more, if his interest in the vehicle. there is no contract authorized by the Council pertaining thereto. If there is to be a public auction, 3. Upon completion and forwarding of the the Chief of Police shall cause to be published, in a affidavit and expiration of the time period stated in newspaper of general circulation within the City, a subsection 2- of this section, the Chief of Police notice of sale which shall state: may, without notice and public auction, dispose of 7-60-5 SE Update: 12/01 TIGARD MUNICIPAL CODE 1. The sale is of abandoned property in the This is to certify that under the provisions of City's possession; Ordinance No. 73- entitled, 'An Ordinance Providing for the Impounding and Disposition of 2. A description of the vehicle, including Abandoned Vehicles',and pursuant to due notice of the type, make, license number, I$ vehicle the time and place of sale, I did on the day of identification number and any other information ,-1-420 , sell at public auction to ,for the which will aid in accurately identifying the vehicle; sum of$ cash, he being the highest 3. The terms of the sale; bidder,and that being the highest and best sum bid therefor, the following described personal 4. The date,time and place of the sale. property, to-wit: B. The notice of sale shall be published two (Brief description of the property) times. The first publication shall be made not less than ten(10) days prior to the date of the proposed And in consideration of the payment of the sale, and the second shall be made not less than said sum of$ , receipt whereof is hereby three(3)days prior to the date of the proposed sale. acknowledged, I have this day delivered to said (Ord. 97-04; Ord. 90-04 §12, 1990; Ord. 73-24 §8, purchaser the foregoing property. 1973). Dated this day of ,--420 . 7.60.090 Sale--Procedure. Note: The City of Tigard assumes no A. If the Chief of Police decides to sell any responsibility as to the condition of title of the vehicles under the provisions of Section 7.60.080, above described property. In case this sale shall for the sale shall be at the time and place appointed any reason be invalid, the liability of the City of with the vehicle to be sold in view. Tigard is limited to the return of the purchase price. (Ord. 97-04; Ord. 90-04 §13, 1990; Ord. 73-24 §9, B. The vehicle shall be sold to the highest bidder, 1973). providing that if no bids are entered, or those bids which are entered, are less than the costs incurred 7.60.100 Redemption Before Sale. by the City, the Chief of Police may enter in his discretion a bid on behalf of the City in an amount A. An owner may redeem a vehicle impounded equal to such costs. under the provisions of this Chapter, before a sale or disposition has taken place, by applying to the C. At the time of payment of the purchase price, Chief of Police. The redemption application shall the Chief of Police shall execute a certificate of include: sale, in triplicate, the original of which shall be delivered to the purchaser,a copy thereof filed with 1. Evidence satisfactory to the Chief of the City Recorder, and a copy transmitted to the Police of the applicant's ownership or other interest Oregon Department of Motor Vehicles. in the vehicle,that such claim is rightful; and D. The certificate of sale shall be substantially as 2. Pay any and all costs associated with the follows: towing and storage of the vehicle due and owing at the time the application is made. CERTIFICATE OF SALE B. Upon compliance with subsection A of this 7-60-6 SE Update: 12/01 TIGARD MUNICIPAL CODE section, the Chief of Police shall execute a receipt 7.60.110 Sale--Proceeds Disposition. for the owner and cause the vehicle to be returned to him. (Ord. 97-04;Ord. 73-24 §10, 1973). A. Upon a sale being consummated,the Chief of Police shall deliver the vehicle and the certificate of sale to the purchaser. The sale and conveyance shall be without redemption. B. The proceeds of a sale shall be applied: 1. To payment of costs incurred by the City; and 2. The balance, if any, shall be transferred to the City Recorder, to be credited to the general fund of the City. (Ord. 97-04; Ord. 73-24 §11, 1973). 7.60.120 Application. This Chapter shall apply to all abandoned vehicles now in the possession of the City, as well as to abandoned vehicles that are hereafter impounded. (Ord. 97-04; Ord. 73-24 §12, 1973). 7.60.130 Charges. A person or owner entitled to a vehicle held under the provisions of this Chapter is not liable for nor shall be required to pay storage charges for a period in excess of sixty (60) days. (Ord. 97-04; Ord. 90-04 §14, 1990: Ord. 73-24 §13, 1973). 7.60.140 Forms. All forms necessary to implement and enforce the provisions of this Chapter shall be prepared and on file in the City Recorder's office. (Ord. 97-04; Ord. 90-04 §15, 1990: Ord. 73-24 §14, 1973). 7.60.150 Claim Of Owner To Proceeds. A. If the vehicle is sold by the Chief of Police under the provisions of Sections 7.60.070 or 7.60.080 and 7.60.090,then at any time within two (2) years after the sale of the vehicle the former 7-60-7 SE Update: 12/01 TIGARD MUNICIPAL CODE owner of the vehicle may recover the proceeds of the sale,as deposited in the general fund of the City pursuant to section 7.60.110,by filing a claim with the City Treasurer. Such claims shall be audited in the same manner as other claims against the City. B. If the vehicle is sold under the provisions of a contract, the balance of the proceeds of the sale, with a return of sale,shall be transmitted to the City Treasurer for deposit in the general fund of the City. The towing and storage facility under contract may deduct from the proceeds of the sale the costs incurred in the sale and the costs and expenses in the removal, preservation and custody of the vehicle. At any time within two (2) years after the sale of the vehicle the former owner of the vehicle may recover the proceeds of the sale, as deposited in the general fund of the City, by filing a claim with the City Treasurer. (Ord. 97-04; Ord. 90-04 §16, 1990: Ord.73-24 §15, 1973).■ 7-60-8 SE Update: 12/01 CITY OF TIGARD, OREGON TIGARD CITY COUNCIL RESOLUTION NO. 18- A RESOLUTION TO AMEND THE CITYWIDE MAS 1'ER FEES AND CHARGES SCHEDULE AS ADOP 1'LD BY RESOLUTION NO. 17-34 TO IMPLEMENT THE CITY'S PARKING PERMIT AND ENFORCEMENT PROGRAMS WHEREAS,the City of Tigard has a Master Fees and Charges Schedule that was adopted during the fiscal year 2017-2018 budget hearings as Resolution 17-27 and updated again by Resolution 17-34;and WHEREAS,city staff has reviewed fees and services provided;and WHEREAS, city staff has proposed a new section for parking and certain fees related to parking permits and violations in order to implement the new parking permit and enforcement programs proposed in Ordinance 18- • NOW,THEREFORE,BE IT RESOLVED by the Tigard City Council that: SECTION 1: The parking section and fees and charges for the City of Tigard are enumerated and set as shown in the attached Exhibit C. SECTION 2: This resolution shall be effective 30 days after its passage by the council, signature by the mayor,and posting by the city recorder. PASSED: This day of 2018. Mayor-City of Tigard ATTEST: City Recorder-City of Tigard RESOLUTION NO. 18- Page 1 Master Fees and Charges Schedule Exhibit C Department Revenue Source Fee or Charge Effective Date CITYWIDE CITYWIDE- Parking Permits and Fines* PARKING Downtown Parking Permit $35 /month 2/2/2018 Construction Parking Permit $5 /day/space in 2-hour zone 2/2/2018 $3 /day/space in 4-hour zone 2/2/2018 Violation fines** Overtime Parking Violation $50 2/2/2018 Unlawful use of a space for persons with disabilities $165 2/2/2018 All other Parking Violations $50 2/2/2018 *Adjusted annually in conjunction with the Portland Consumer Price Index(CPI)unless the fine is set by statute.If index is insufficient to increase fee in whole dollar, increase will compound into the next year. **All violations have a minimum fine of 50%of that listed. Page 2 MEMORANDUM DATE: November 27 ,2017 TO: City of Tigard Mayor John Cook, Council President Jason Snider, Councilor Marc Woodard, Councilor John Goodhouse, Councilor Tom Anderson and Julia Jewett FROM: Kerry Lankford Project Landscape Architect Pacific Community Design RE: On Street Parking I work at Pacific Community design from 8am - 5pm Monday thru Friday. I have worked on Main street in the City of Tigard for the last for 4 years. My company currently has 31 employees and 28 total parking spaces. To support its employees PCD is doing everything it can by providing double parking in 14 spaces in the rear of our building located 12564 SW Main Street. Because of my company's growth spaces on the street are currently being used by employees that have safety concerns, have off hours or are in and out several times a day but need time more than the limit allowed or just don't fit in the lot. I understand that there is a need for short term space to support business. However, it is also necessary to support the day long employees of the larger companies and the business they bring to your community. I am one of these people that has been parking on the street for the last 4 years, shopping on your streets and working to support a company that is bringing jobs to your community. My solution to the blanket 2-hour parking is to establish 3 or 4 spaces that are not marked as 2-hour. This would bring balance between the short term and long term need around my building. These spaces could be parked in for any length of time during the day on a first come bases. I have attached a map indicating where the PCD employees have been parking to date and would like to continue to park. At this time, I am requesting that you consider working with the City Engineer to establish a few spaces that are designated as time free parking. This allows for a first come served use by multiple people in multiple ways for any length of time during the day. Sincerel 11A44) .,01) / e erry Lankfor•) Project Landscape Architect 12564 SW Main Street,Tigard,OR 97223♦ [T]503-941-9484[F]503-941-9485 r Na, ' ` . 't .r. as$ Iti#,,,i: ""' ,:,'11' ...4 ,. ',,,,- Nt g P'` q1 a 1 ° a ... ''''''' \''; '•P M. % ;11''' { • w y $ i 0 CI-7 "00 0 y 0 c • ra a V' • Pt ,- r 4 al 03C " �' yy / q •�t.�.4 Pte. s � •a �`� . �f w 4 I+ Carol Kreger From: Joanne Bengton Sent: Thursday, December 21, 2017 10:35 AM To: Carol Krager; Kelly Burgoyne Subject: FW: !! Updates: Local Cities with a "24 hours" street parking/storage limit: Tigard, Portland, Oregon City; + more updates, relevant info;TMC 10.28 code wording revisions and suggestions. Attachments: Attachments.html Importance: High ShareFile 6-twostorycamper.jpg 50.3 KB 7 bordellocamper.jpg 52.9 KB -8camper.jpg 36.4 KB 8motorhome.jpg 59.6 KB 9HomeSweetHome.jpg 50.2 KB campneartrailersabandonedcars.jpg 77.1 KB Excessive illegal street storage 121817.jpg 140.3 KB Exhibit B1 TMC 10.28.022.]pg 357.6 KB Exhibit B2-a TMC 10.28.030-a.jpg 400.5 KB Exhibit B2-b TMC 10.28.030-b.jpg 424.2 KB Exhibit B3 -TMC 7.60.010.pdf 118.4 KB Exhibit B4 TMC 7.60.020.jpg 423.2 KB Exhibits.zip 3.7 MB unhealthyUnsafe.jpg 80.8 KB Download Attachments Joanne Bengtson uses ShareFile to share documents securely.Learn More. From: MB [mailto:mbrewin72@wesleyan.edu] Sent: Wednesday, December 20, 2017 5:18 PM To:John Cook<MayorCook@tigard-or.gov> Cc:#Councilmail <#councilmail@tigard-or.gov> Subject: !! Updates: Local Cities with a "24 hours" street parking/storage limit:Tigard, Portland, Oregon City;+ more updates, relevant info;TMC 10.28 code wording revisions and suggestions. Importance: High !! Updates: Local Cities with a "24-hours" street parking/storage limit: Tigard, Portland, Oregon City; + more updates, relevant info; TMC 10.28 code wording revisions and suggestions. Note: This communication and the exhibits (folder) contained herein constitute my written testimony per the Council Agenda item (Jan 2,2018), regarding TMC 10.28 parking code, etc. Please convey to City Recorder, etc. Thank you. 2 Exhibits: Folder attached: December 18, 2017 Dear Mayor Cook and City Councilors, Thank you for your wise perceptions regarding maintaining certain historic high standards, the inevitable 'human nature' factor, [preferably unspoken] routine enforcement procedural delays already, and the wording of the specific proposed amended street storage sections of 10.28 (and 7.60), and tabling the matter until January 2. Update: Portland and Oregon City also have a 24 hour limit on street storage of motor vehicles. Furthermore, Oregon City, Portland, and Milwaukie, OR have strict standards and prohibitions regarding recreational type vechicles. Accordingly, I would strongly advise maintaining the present code wording as noted herein - and Tigard's longtime excellent standard of a 24 hour limit on vehicle street parking/storage — which keeps Tigard in the top tier, along with our largest city, Portland, and Oregon City, the oldest city in the metro area with the longest experience dealing with parking issues — since horses and carriages. And Portland, Oregon City, and Milwaukie, OR have strict RV street parking prohibitions and restrictions. Also, from careful observation of different neighborhoods in Tigard, residential streets with curbs seem to be clearly more negatively impacted by vehicle storage than streets with shoulders and no curbs. Similarly, neighborhoods with strong active HOAs (i.e. Summerfield) are not affected, because of internal policing and strict parking enforcement. However, tens of thousands of Tigard homeowners living on newer residential streets with curbs (planned developments since late 1970s) would be directly affected (and potentially harmed) by any weakening of longstanding parking ordinances. The same City of Tigard public employees internally requesting lower standards here themselves enjoy a higher standard in their own neighborhoods (with salaries made possible by Tigard taxpayers) and/or would not themselves be affected. However, like me, the Mayor and some city councilors —tens of thousands more residential citizens would be affected. Accordingly, I would err on the side of caution and experience within the community. In addition to my update: "if it ain't broke, then don't break it" -- here's another relevant slogan, but for a public safety levy: "Keep Tigard a Safe Place to Call Home." [Politically, I would use that slogan in the Voter's Pamphlet, and mention that Tigard is #1 in personal safety; Tigard has the lowest violent crime rate in the area.] (Exhibits F 1, F2) I have enclosed some informational sheets/charts for your convenience, some proposed TMC 10.28 (and directly related 7.60 ) wording revisions or retainment corrections, and additional attachments (including photo examples in the attached folders), as necessary. Thank you. Merry Christmas and a Happy New Year, too! 3 Best Wishes, Michael Brewin SW Morgen Ct Table of Contents: 1. Cities: street storage limits: Tigard, Portland, Oregon City = 24 hours 2. Cities with stricter RV parking limits/prohibitions: Oregon City, Milwaukie,OR, Portland 3. Curb vs. non-curb street = factor; HOA mitigating factor for some; but negative impact for tens of thousands of Tigard homeowners 4. Newer municipal standard of 9pm-7am (not 12a.m.-6a.m.) prohibition on certain vehicles' parking; for easier citizen reporting, city verification and enforcement. [adopted by many cities] 5. 'Vehicle with camper' ; make 10.28.030 B. section (r.e. 'camper' 'travel trailer') consistent in new wording to meaning of previous section A. to prevent unattached camper shells and trailers on jacks stored on streets (obstacles, hazards, harmful to asphalt pavement, difficult to remove in emergency, and very unsightly, too.) [please refer to the attached folders: interesting photo examples of what happens...] 6. 10.28.030 B. r.e. RV parking 10 days overnight in a calendar year in front of one's own home. [The planner's proposed amendment wording is unnecessary/redundant (as verified by the attorney).] New: From longtime observation, to augment Tigard's existing longtime policy of a 10 day annual limit on overnight RV parking, I recommend also adding a further RV time limit (like some local municipalities) of 48 hours continuous parking on the same block (or within 500 feet). That way, it can't be parked/stored the entire annual 10 days (or worse) continuously on the street, but only in increments of 1-2 nights at a time until the 10 days/overnights in a calendar year have been used. Then, Section A. would apply, anyway. Otherwise, I would simply advise leaving Section B's wording as it has been for 35 years. [Tigard and Lake Oswego have the same standard] Refer to Exhibits: compare B2-a vs. B2-b 7. 10.28.030 C., reaffirm prohibition on any utility hookup from the street (an observed problem). 4 8. 10.28.022 and let's retain the word "Washing" (washing, greasing, repairing...) [same as Sherwood], per all the stated germane concerns and photos at the last public hearing. Sherwood, Oregon code: "10.03.020 - Prohibited practices. 3. Washing, greasing, or repairing such vehicle, except as may be necessitated by emergency;" Thank you. Exhibit Al: Cities: Street Storage limits, Abandoned vehicle Tier: 1 day: Best Portland, Oregon: unlawful street storage >= 24 hours Tigard: unlawful storage >= 24 hours (35 years unchanged) Oregon City: unlawful storage >= 24 hours (40+ years unchanged) abandoned vehicle >= 24 hours Tier: 2 days: Beaverton: unlawful storage, abandoned vehicle > 48 hours Tier: 3 days: 1. Tualatin: unlawful storage >= 72 hours; in public off-street parking = 24 hours; 2. Lake Oswego: unlawful storage > 72 hours; abandoned vehicle = 24 hours; 3. Sherwood: abandoned vehicle or appears to have been stored = 72 hours; * out of state * Bloomington, Indiana abandoned vehicle = three days 72 hours', Tier: 7 days: Worst * Tacoma, Washington = high crime, blighted city; storage = 7 days 5 Exhibit A3: Local Cities: RV, motor home parking on a public street 1 . Oregon City: prohibited 2. Milwaukie, OR: prohibited 3. Portland, OR: 8 hours time limit 4. Tigard and Lake Oswego: 10 day limit days/overnight in calendar year Oregon City: "It is unlawful for any person to park or store any trailer, camper, mobile home, boat, trailer house, motor home or other recreational vehicle on any street, alley or highway, or other public place, or on any tract of land owned by any person occupied or unoccupied, except in duly constituted and licensed trailer courts or sales lots" Milwaukie, OR: "it is unlawful to park or store an RV upon a public right-of-way within a residential zone" Portland, OR portlandoregon.gov/transportation/article/319887#oversized "Is it legal to park large vehicles, such as mobile homes, trailers, or trucks on the street?" "Oversized vehicles of this nature can only be parked for short periods of time on the street, and then only for the specific purpose of loading/unloading. In commercial areas, the time limit is 4 hours from 7 am to 4 pm, and 2 hours from 4 pm to 7 am; in residential areas, the time limit is 8 hours." Tigard and Lake Oswego: if legally and safely parked in front of one's own home, it is permitted to park/store an RV overnight a total of 10 days in a calendar year. Indeed, having a yearly set limit is Good. [But Tigard does not have a strict prohibition of RV parking on public streets (unlike Oregon City and Milwaukie), nor an 8 hour time limit (like Portland), nor even a 48 hour continuous parking time limit for RVs] Beaverton, OR: 48 hours time limit (but No calendar year days/overnight limit!) Beaverton, OR 6.02.310 Prohibited Parking or Standing. 6 "No person shall park or stand: Any trailer house, camp trailer, mobile home, auto home, camp car, recreational vehicle, boat, boat trailer, utility trailer, or any other device not primarily intended for the transportation of people, upon any street, such that the device has not moved at least one tenth of a mile within 48 hours." [Serious Flaws: 1) Beaverton lacks a calendar year limit on# of days of overnight RV type parking, and 2) allows too many inappropriate vehicle types (including unspecified)to park 48 hours.] unattached camper (from vehicle): = immobile obstacle, hazard, no reflectors, no lights, no license plate = obvious storage intention; bad in emergency situation on street; terribly unsightly. unattached camper on steel jacks, stilts, or concrete blocks or pallets = very immobile, obvious hazard (esp at night), a clear obstacle, no identifying license plate, no reflectors, no lights, and very difficult to remove from street in emergency situation; harmful to asphalt streets; more than unsightly. 10.28.022 Retain: "Washing" and all of Section D. "Storage for any period of more than 24 hours," etc. Exhibit Bl: TIGARD MUNICIPAL CODE (2017)which by reference herein arc made a part public way within the city limits for any of the of this chapter: following purposes: 1. "Camper" is defined as set forth in A. Selling or offering merchandise for sale; ORS Section 801.180. B. Displaying the vehicle for sale; 2. "Highway"or"street" is defined as Washing, set forth in ORS Section 801.305. BC. Washing, gGreasing or repairing such vehicle except as may be necessitated by 3. "Mobile home" is defined as set emergency. forth-in-OR-S-80-1,340, D. Storage,for anp period of more than 24 hours C. Storage. for any period of more than 24 43. "Motorbus" is defined as a hours. except that this subsection shall be subject Commercial Bus as set forth in ORS 801.200. to the limits elsewhere prescribed in the city motor vehicle code or as may be prescribed by the Oregon 3 4. "Motor home"is defined as set forth - . .. . in ORS Section 801.350. facie evidence of storage of a vehicle if the same is not moved for a period of 24 hours.The continuity 6,5. "Motor truck"is defined as set forth of the time shall not be deemed broken by in ORS Section 801.355. movement of the vehicle elsewhere on the block unless the movement removes the vehicle from the 7. "Recreational vehicle"is defined as - - - - - on-the-ri• : _ .•�. : or Amon-any b,"Trailer" is defined as set forth in :.: •- : •• : :.: •- : w the let + in ORS Section 801.560. violation of this subsection--may-be treated as an abandoned vehicle and the provisions of Chapter 9.7. "Travel trailer" is defined as set 7.60 shall apply.KW.-93-21 1133 Seep Section Di` forth in ORS Section 801.565. 10.28.025 Vehicle Sales On Private 10.8. "Truck tractor"is defined as set Property forth in ORS Section 801.575. (Ord. 99-28; Ord. 93-21 §1;Ord. 70-41 §1) A. No property owner,unless in compliance with the provisions of Chapter 5.04, Business 9. "Truck trailer"is defined as set forth Taxes, and in further compliance with all in ORS Section 801.580. applicable zoning codes,shall allow more than one vehicle to be displayed for sale on his or her 10.28.020 Repealed By Ord.93-21 property. 10.28.022 Purposes For Which Parking Is B. Violation of this section shall be a Class Prohibited I infraction and shall be subject to the provisions of the civil infractions ordinance, Chapter 1.16 of No person shall park a vehicle on the right-of- this code. (Ord.87-40§1) way of any highway, or upon any public street or 10-28-2 code Update:6/14 8 10.28.030 9 p.m.-7 a.m is becoming a new norm; it is less burdensome for citizen reporting (no need to wait until after midnight to report it, e.g. boat, trailer, motor truck), easier to verify, easier to enforce, and this also deters most contractors from illegally storing heavy vehicular equipment and motor trucks overnight and pretending otherwise. There should not be heavy trucks or large flatbed trailers, etc. parked on public streets before 7 a.m. or after 9 pm. 10.28.030 A. refers specifically to "vehicle with camper"; any revised section B. should also be consistent [i.e. "vehicle with camper"], and therefore more specific. unattached camper (from vehicle): = immobile obstacle, hazard, no reflectors, no lights, no license plate = obvious longer storage intention; bad in emergency situation on street; terribly unsightly. unattached camper on steel jacks, stilts, or concrete blocks or pallets = very immobile, obvious hazard (esp at night), a clear obstacle, no identifying license plate, no reflectors, no lights, and very difficult to remove from street in emergency situation; harmful to asphalt streets; more than unsightly. I suggest wording as follows: 10.28.030 B. "One camper or travel trailer) with attached motor vehicle, or one motor home..." B.3. It is parked on the public street no longer than 10 days in any calendar year... After the longtime existing code wording, I suggest adding "The vehicle shall not be parked greater than 48 hours continuously on the same block (nor within 500 feet)." 10 single nights, or 5 weekends (2 nights), or several 1-2 night combinations = 10 overnight days in any calendar year. Adding a 48 hours continuous limit establishes a sensible and verifiable 2 days/nights time limit for motor homes and campers, + a deterrent to about 1% who do store 10++++ days/nights continuously, and then do it again, or persistently in the same calendar year. Portland, Oregon City, and Milwaukie don't even permit what Tigard currently allows regarding RV street parking. (So, after the Section B.3. text denoting the longtime standard of 10 days/nights limit in any calendar year, I suggest adding a 48 hour time limit to deter any persons attempting to store continuously too long on a street.) And Beaverton's inferior RV parking code is much weaker than Tigard's, because of 1) no # days/overnight annual limit, and 2) too many inappropriate vehicle types permitted, including unspecified. Someone could park an RV (or practically anything) overnight hundreds of nights in a year in Beaverton. Most people do respect the annual 10-day limit (or close) here, except the 1%. Also: Writing more parking citations with hefty fines for RV street storage violations is a deterrent, too! Section C. ... retractable steps... "Hookup to any public utility is specifically prohibited." (Over the years, I have seen illegal electric wires/cords running from streets over sidewalks to houses, hoses from RVs going into public street sewers, and also hookups to the water utility from the street.) TMC code already prohibits such utility hookups, but this chapter section really needs it stated. 9 Exhibit B2-a: and compare with Exhibit B2-b 10 TIGARD MUNICIPAL CODE 10.28.030 Truck,Trailer,Bus,Camper, Ord.79-109§1;Ord,76-57§1;Ord.76-30§1;Ord. Motor Home,Recreational 70-41 §3) Vehicle,And Boat Restrictions E. These restrictions shall not apply to any A. No person shall at any time park or leave City-owned or public-owned vehicle that is standing a motor bus, motor truck, truck tractor, operatinjt in an official capacity. motor home, boat, vehicle with camper, recreation' vehicle, or trailer, 10.28.040 Removal Of Parked Vehicle 801.560, whether attended or unattended, on any From Fire Area improved public highway, public street or other public way within the city limits, for a period Whenever the owner or driver of a vehicle greater than 30 minutes, between the hours of discovers that such vehicle is parked immediately 12:01 . - a_d 6:00 a m i2am-Gam. Som-,'am. in front of or close to a building to which the fire One camper(or travel trailer)with attached motor vehicle, or one department has been summoned, he or she shall B. A rccrcutioral vchic'c camper, travel immediately remove such vehicle from the area trailer or motor home may be parked on a public unless otherwise directed by police or fire officers. street longer than the period allowed in Section (Ord. 70-41 §4) 10.28.030.A if: 10.28.050 Required Precautions 1. It is owned by the resident or guest of the resident of the property in front of which it No person having control or charge of a motor is parked; vehicle shall allow it to stand on any street unattended without first fully setting its parking 2. It is parked on the public street brakes, stopping its motor and removing the adjacent to the lot of the resident;and ignition key and, when standing upon any precipitous grade, the front wheels of the vehicle 3. It is parked on the public street no shall be angled into the curb.(Ord.70-41 §5) longer than 10 days in any calendar year. After the 10 day allowance,the vehicle shall-not be parked 10.28.060 Parallel Parking Requirements _- ; , No person shall stand or park a vehicle in a The rc'ItiL7 .41ell Hot b,'pia`h[(1;r'r1 T?•Onto l&/IOW:+rulttttr0nt„(1 01< street other than parallel with the edge of the rr i : C. Such vehicle must parked in a ma',nr, er roadway-shoulder or curb when present,headed in which docs not interfere with traffic or create a the direction of lawful traffic movement,and with hazard by obstructing the view of drivers. No the curbside wheels of the vehicle within l-8 12 feature of the vehicle may create a hazard to inches of the edge of the curb, except where the pedestrian traffic,including but not limited to slide street is marked or signed for angle parking. (Ord. outs,canopies and retractable steps. 70-41 §6) Hookup to any public utility is specificallyprohibite.. D. Tractor Trailer,Truck Trailer.No person 10.28.070 Space Markings shall at any time park a tractor trailer or truck trailer as described in Section 10.28.010.0 unattended on Where parking space markings arc placed on any improved public highway, public street or a street, no person shall stand or park a vehicle other public way within the city limits. (Ord. 01- other than at the indicated direction and within a 23; Ord. 93-21 §4; Ord. 81-86 §1; Ord. 81-84 §1; single marked space. (Ord. 70-41 §7) 10-28-3 Code Update_6/14 11 Exhibit B2-b: Retains longtime current code section wording (with no changes) to: B.3. of 10.28.030 12 TIGARD MUNICIPAL CODE 10.28.030 Truck,Trailer,Bus,Camper, Ord.79-109§1;Ord.76-57§1;Ord.76-30§1;Ord. Motor Home,Recreational 70-41 §3) Vehicle,And Boat Restrictions E. These restrictions shall not apply to any A. No person shall at any time park or leave City-owned or public-owned vehicle that is standing a motor bus, motor truck, truck tractor, operating in an official capacity. motor home, boat, vehicle with camper, recreational vehicle, or trailer, as defined in ORS 10.28.040 Removal Of Parked Vehicle 8-0-1-..-560,--whether attended or unattended, on any From Fire Area improved public highway, public street or other public way within the city limits, for a period Whenever the owner or driver of a vehicle greater than 30 minutes, between the hours of discovers that such vehicle is parked immediately 12:01 a.m.and 6:00 a.m. I2a1i-6ats. gum-7am. in front of or close to a building to which the fire One camper(or trawl tray.' vehicle, or one department has been summoned, he or she shall 13. k `'o;--' y h ck camper. travel immediately remove such vehicle from the area railer or motor home may be parked on a public unless otherwise directed by police or fire officers. street longer than the period allowed in Section (Ord. 70-41 §4) 10.28.030.A if: 10.28.050 Required Precautions 1. It is owned by the resident or guest of the resident of the property in front of which it No person having control or charge of a motor is parked; vehicle shall allow it to stand on any street unattended without first fully setting its parking 2. It is parked on the public street brakes, stopping its motor and removing the adjacent to the lot of the resident;and ignition key and, when standing upon any precipitous grade, the front wheels of the vehicle 3. It is parked on the public street no shall be angled into the curb. (Ord. 70-41 §5) longer than 10 days in any calendar year. After the allowance,the 1 parked 10 day .�V vehicle shall not be ypll.�l. 10.28.060 Parallel Parking Requirements greater than 3� -mtu�tes�-betii�B-tie hours of I2am-ham as perScetiaaj828:83OA. No person shall stand or park a vehicle in a street other than parallel with the edge of the C. Such vehicle must be parked in a manner roadway-shoulder or curb when present, headed in which does not interfere with traffic or create a the direction of lawful traffic movement,and with hazard by obstructing the view of drivers. No the curbside wheels of the vehicle within -1-8 12 feature of the vehicle may create a hazard to inches of the edge of the curb, except where the pedestrian traffic.including but not limited to slide street is marked or signed for angle parking. (Ord. outs.canopies and retractable steps, 70-41 §6) Hookup to any public utility is sp&t, ,prohibit&: D. Tractor Trailer,Truck Trailer.No person 10.28.070 Space Markings shall at any time park a tractor trailer or truck trailer as described in Section 10.28.010.(:unattended on Where parking space markings arc placed on any improved public highway, public street or a street, no person shall stand or park a vehicle other public way within the city limits. (Ord. 01- other than at the indicated direction and within a 23; Ord. 93-21 §4; Ord. 81-86 §1; Ord. 81-84 §1; single marked space. (Ord. 70-41 §7) 10-28-3 code Update:6/14 13 7.60.010 Keep current storage limit of 24 hours. Exhibit B3: B. 2. Delete amendment: "via first class mail and also certified mail with the receipt stamped as proof of mailing" Reason: This is doubly burdensome on the Tigard Police Department. Someone is breaking the law, they're already not responding to 1) a tag and then 2) a ticket, and now the police have to send 2 notices (instead of 1) before they can do anything about it. Other cities I researched don't impose such a burden on their own police dept. Further, it would involve increased TPD administrative $ clerical costs and staff time - double the paperwork for each impoundment procedure. C. 1. Retain: "twenty-four hours". Why telegraph to a violator (who ignored a tag, and then a citation) that no enforcement whatsoever will actually take place (that is, until a later date)?! 24 hours gives them incentive to get it off the streets that day. (Anything less firm and more nebulous [squishy] would simply further restrict the city's enforcement ability and flexibility options.) Exhibit B4: 14 TIGARD MUNICIPAL CODE 1. It shall be unlawful for any person to examining the records of the appropriate abandon a vehicle on any public right of way or Department of Motor Vehicles, other public property within the City of Tigard. The owner(s)of the vehicle shall be responsible for B. If a vehicle is found abandoned or stored as any and all monies incurred or charges associated described above, the City shall give notice to with the cost of the removal, storage, detention, remove the vehicle by both the following methods: maintenance and disposition of the abandoned or stored vehicle. 1. By affixing a notice to tow the vehicle with the information set out in subsection C.below; 2. Except for those vehicles subject to the and provisions of subsection 3 below, a vehicle found to be in violation of subsection 1 above,is subject 2. By mailing notice,by via first class mail to the provisions for notice,removal,impoundment and also certified mail with the receipt stamped as and disposition as provided for under 7,60.020, proof of mailing, at least five (5) days prior to 7.60.030, 7.60.050, and 7.60.070 to 7.60.110 of towing the vehicle. A notice may also be sent to this Chapter. any other persons who reasonably appear to have an interest in the vehicle.The five-day period under 3. In the event a vehicle is abandoned or this paragraph does not include holidays,Saturdays stored upon a public right of way or on public or Sundays. property which vehicles has, on two prior occasions within a one (1) year period, been C. The notice referenced in subsection B. above identified by the Chief of Police as abandoned or shall state: stored and the owner thereof has been given notice consistent with the terms of Section 7.60.020 on 1. That the vehicle violates Chapter 7.60 of both prior occasions,then the vehicle is deemed to this the Tigard Municipal Code and as a result, is be a threat to the traveling public and can therefore subject to being towed and impounded if the be immediately towed and impounded by the City vehicle is not removed within twenty-four hours without prior notice to the owner or apparent owner the listed-tow date andLtime. :went -10 hours thereof. However,notice consistent with 7.60.050 shall be sent to the owner/ or apparent owner 2. That the vehicle, if towed and thereof within forty-eight (48) hours of the impounded,will be subject to towing, storage and impoundment, excluding Saturdays, Sundays and other related charges and costs and may be sold to legal holidays. satisfy those charges. 4. The violation of this Chapter is a Class B 3. That the owner or lawful possessor traffic infraction. (Ord. 97-04; Ord. 90-04 §1, having an interest in the vehicle is entitled to a 1990). hearing, to contest the proposed tow and the reasonableness of any charge resulting from the 7.60.020 Removal--Notice. tow as well as for any cost of impoundment. A. It shall be the duty of the Chief of Police, 4. That a hearing must be requested within whenever a vehicle is found abandoned or stored five (5) business days of the mailing date of the on any public right-of-way or public property, to notice. determine the owner(s) thereof,by any reasonable means necessary including but not limited to D. In the event a vehicle is abandoned or stored 7-60-2 SE Update: 12/01 15 10.28.030 B. "One vehicle with attached camper (or travel trailer), or one" motor home may be parked on a public street longer than the period allowed in Section 10.28.030.A if:.. Exhibit Cl : ORS Chapter 801 : Oregon vehicle definition: camper Chapter 801 —General Provisions and Definitions for Oregon Vehicle Code 2015 EDITION ORS definitions: 801.180 "Camper." "Camper" means a structure that: (1) Has a floor; (2)Is designed to be mounted upon a motor vehicle; (3) Is not permanently attached to a motor vehicle upon which it is mounted; (4) Is designed to provide facilities for human habitation or for camping; (5) Is six feet or more in overall length; (6) Is five and one-half feet or more in height from floor to ceiling at any point; and (7) Has no more than one axle designed to support a portion of the weight of the camper. [1983 c.338 §28] 801.350 "Motor home." "Motor home"means a motor vehicle that: (1) Is reconstructed, permanently altered or originally designed to provide facilities for human habitation; or (2) Has a structure permanently attached to it that would be a camper if the structure was not permanently attached to the motor vehicle. [1983 c.338 §60] 801.565 "Travel trailer." "Travel trailer" means: (1) A recreational vehicle without motive power that is eight and one-half feet or less in width and is not being used for commercial or business purposes; and (2) A prefabricated structure that is eight and one-half feet or less in width and that is not being used for commercial or business purposes. [1983 c.338 §104; 1993 c.696 §8; 2003 c.655 §93] 16 r. ii rn . ., ., . L__._, I RI i w f ' , „ : ...:.,. . in, ,1,,,, , ,,..s. . , i . , , --..i.i." :4 . f fb, „.w r'`ter 00 liiis 4 + Ik _ •^t, � S fi 1 t;: 4� + ix Iter R,;rvY A x ¢ a' r gym,^ s . i )/1.1 ° - li \1/44\‘' .1*. .8 as 0 M i / 1 , .0. H - 0. ii*M13 I ' _ r .i r.t. . .. ,.,.. .a _ w '"..'' �r w o, M " . • ¢ a r 1 ♦ _ Ak' .per a _�? i ' a d 1e ' ;4„''. 1 li. ;a ; ,gra Win I , ., c.,,,70 4::.74,,,,,,„,.. ,„,,, 1 ,--- - -, *.i..,,, 4...wi' 4:01 4$,-..- - ,4 « 11 .,fir t1� {Y' ` *1, r1r ° 46 efi ,+, tAl �, ♦ yw ..AE T y.., Sr n ,f . 11 . r 1 ` y -. di -- .,, - i • .4 l . 1 i .; 1 .,4'6. �' 'n►. ......m.,-_.p. ,.....,. . A ...-_- . B rte„.i.' -- e ..' 2• n wL ._ g. . , _ ,iy,..„..., , , . 7 „o jj 41 w \ t j� � : ' J i`i' 20 ,-1 r•A 'ilpIR I I T I ., ill' ,/iii C , i t 4ty ' * ' or !..,',0* r 1-•.• •440 '2-F---7 i t' ,,, 'il 1 ;: ..• f 1:, ) , . 0 ci if, ''''',.• . ''.At 6 I i I it i I , 1 ---,:c„,,,,,itic•.; '''\ ' ..., • ' I I4 —. •••• 4,1, - - ..., Tr_.. _... 1 i illiaA, 4. .,, 1 . . .--,..,Lu ,. , ,. 'r-•:–.), . . _ , 1 1 4--- / 1 ill hr. 40 ti! ' fS..2...... r ,..- ----- - \ 1 - I/ , Ail N N 7 3PD F ♦, , fYf, I-- - 114,, ,14f•, (::; „.:,:,,,, ,, .:„.,„;,..,,,,„, ., ..,. "F } ` ;�..P ,'s. ,. •gyp• ki% `y4 Y 1 i.a°++.4•41. OOtl•�, *Aim lit ii, , f} r C/ C +— % g <,wa tic $au�ii• �.: fj� d �o�.a 4i 0 1 aro r1i c 1 ry ,� ey r, i �t m. : gi :". 'Ad xis tz -e,:' t i ;~r Ky{i.N.`,e- te, ..:I7.1; 4 `4""; 71 ,.. l "1F �'V" 3 iff/ii ".'1. t�. : !, 11' i r , �.4 "__ • ' , t - s Air S .00.....ed X111 - � �Ir !,5 t - • t 4 i.� - -• 1NQ� •i'ft"_ _ _ Wit" ?� _ -. p e-4..„..., v 23 itt �lhg�y,�r TY ;f5 . � ` -i �a49 ils ft t.)a,411 A, .'..,, It .. __� �i � M '\ - 1 iS -,r, . , } -+- am, t Ott. l k �t t'" ' '� *4 7 ,it� ,. ' s� , RI ''tx t *1- . ' - , r C. eh ` f 24 F t n {gtY 1 IIs +..fit-" ' - P £r Apr'=',-,.'-::'-Z-'-'A4.....: rr - r DISCLAIMER: E-mails sent or received by City of Tigard employees are subject to public record laws. If requested, e-mail may be disclosed to another party unless exempt from disclosure under Oregon Public Records Law. E-mails are retained by the City of Tigard in compliance with the Oregon Administrative Rules"City General Records Retention Schedule." 25 Local Cities: RV, motor home parking on public street 1. Oregon City: prohibited 2. Milwaukie, OR: prohibited 3. Portland, OR: 8 hours time limit 4. Tigard and Lake Oswego: 10 day limit overnight in calendar year Oregon City: It is unlawful for any person to park or store any trailer, camper, mobile home, boat, trailer house, motor home or other recreational vehicle on any street, alley or highway, or other public place, or on any tract of land owned by any person occupied or unoccupied, except in duly constituted and licensed trailer courts or sales lots Milwaukie, OR: it is unlawful to park or store an RV upon a public right- of-way within a residential zone Portland, OR portlandoregon.gov/transportation/article/319887#oversized Is it legal to park large vehicles, such as mobile homes, trailers, or trucks on the street? Oversized vehicles of this nature can only be parked for short periods of time on the street, and then only for the specific purpose of loading/unloading. In commercial areas, the time limit is 4 hours from 7 am to 4 pm, and 2 hours from 4 pm to 7 am; in residential areas, the time limit is 8 hours. Tigard and Lake Oswego: if legally and safely parked in front of one's own home, it is permitted to park/store an RV overnight a total of 10 days in a calendar year. Indeed, having a yearly set limit is Good. [But Tigard does not have a strict prohibition of RV parking on public streets (like Oregon City and Milwaukie), nor an 8 hour time limit (like Portland), nor even a 48 hour continuous parking time limit for RVs] Beaverton, OR: 48 hours time limit (but no calendar year# days/overnight limit, allows inappropriate and unspecified vehicles, etc.) 6.02.310 Prohibited Parking or Standing: No person shall park or stand: Any trailer house, camp trailer, mobile home, auto home, camp car, recreational vehicle, boat, boat trailer, utility trailer, or any other device not primarily intended for the transportation of people, upon any street, such that the device has not moved at least one tenth of a mile within 48 hours. [Serious Flaws: 1) Beaverton lacks a calendar year limit on# of days of overnight RV type parking, and 2) allows too many inappropriate vehicle types (including unspecified)to park 48 hours.] Exhalitif TIGARD MUNICIPAL CODE Chapter 7.60 ABANDONED OR STORED VEHICLES. c. The vehicle appears to be wrecked, partially dismantled or junked: Sections: d. The vehicle appears to have been 7.60.010 Definitions. "stored" as that term is defined in Section 7.60.015 Abandoned Or Stored Vehicles- -• -Offense. d. The ve;tcle up rs to tape -twit 'stored" as that term is defined i 7.60.020 Removal--Notice. c. c'1"1i8"NW/legal.ritiqii' d in the 7.60.030 Removal--Procedure. :. - - •- 7.60.040 Information Provided By . .•. - .. • •.-, - - •.• - Tower. 7.60.050 Impoundment--Notice. 7.60.055 Hearing To Contest Validity Of 2. "City" means the City of Tigard. Custody And Removal. 7.60.057 Exemption For Criminal 3. "Costs" means all expenses associated Investigation. with the towing, storing and selling a vehicle in 7.60.060 Appraisals. violation of Section 7.60.015. 7.60.070 Vehicles--Disposition. 7.60.080 Sale—Notice. 4. "Chief of Police" includes the Chief, 7.60.090 Sale—Procedure. designee of the Chief or any authorized law 7.60.100 Redemption Before Sale. enforcement officer of the City, including code 7.60.110 Sale—Proceeds Disposition. enforcement officers. 7.60.120 Application. 7.60.130 Charges. 5. "Owner" means any individual, firm, 7.60.140 Forms. corporation or unincorporated association, 7.60.150 Claim Of Owner To Proceeds. partnership, limited liability company or other entity with a claim,either individually or jointly,of 7.60.010 Definitions. ownership or any interest of record, legal or equitable, in a vehicle. A. As used in this chapter, unless the context requires otherwise: 6. "Stored" or "Storage" means any vehicle that has remained in the same location for a 1. "Abandoned" or "abandoned vehicle" minimum of 71 hour means any vehicle that has been deserted or relinquished. A vehicle shall be considered 67. "Vehicle"means every device in,upon or abandoned if it has remained in the same location by which any person or property is or may be for more than twenty-four hours and one or more transported or drawn upon a public highway, of the following conditions exist: except devices used exclusively upon stationary rails or tracks. (Ord. 97-04; Ord. 92-31 §1, 1992; a. The vehicle has an expired license Ord. 90-04 §1, 1990; Ord. 73-24 §1, 1973). plate;or 7.60.015 Abandoned Or Stored Vehicles- b. The vehicle appears to be -Offense. inoperative or disabled; or 7-60-1 SE Update: 12/01 CRIME OVERVIEW: Tigard compared with other cities Crime Rates: We're #1 : Tigard has the lowest violent crime rate of all surrounding cities Tigard has the second highest property crime rate of surrounding cities; only Portland has a higher property crime rate. Tigard, Oregon,violent crime,on a scale from 1 (low crime)to 100, is 11. Violent crime is composed of four offenses:murder and nonnegligent manslaughter,forcible rape,robbery,and aggravated assault. The US average is 31.1. Tigard,Oregon,property crime,on a scale from 1 (low)to 100, is 48.Property crime includes the offenses of burglary, larceny-theft,motor vehicle theft, and arson. The object of the theft-type offenses is the taking of money or property,but there is no force or threat of force against the victims. The US average is 38.1. Oregon: local municipalities Tigard.OR Portland.OR United States Violent Crime 10.7 43 31.1 Property Crime 48.1 62 38.1 Lake Oswego OR Beaverton.OR United States Violent Crime 20.3 13.7 31.1 Property Crime 21.9 27.9 38.1 Tualatin, OR Sherwood. OR United States Violent Crime 31.9 18.1 31.1 Property Crime 43.8 18.5 38.1 Out-of-State Tacoma, WA Bloomington, IN United States Violent Crime 69.3 27.9 31.1 Property Crime 74 51.1 38.1 CRIME Tigard Portland-Vancouver-Hillsboro Metro Oregon State • United States 48.1 43.1 48 38.1 10.7 _ - 30.5 Violent 236 31.1 0 10 15 20 25 30 3S 40 45 50 Crime index (1 to 100) 121! Least Crirrie AGENDA ITEM No. 5 Date: January 2, 2018 TESTIMONY SIGN-UP SHEETS Please sign on the following page(s) if you wish to testify before City Council on: Legislative Public Hearing — CONSIDER AMENDMENTS TO TMC CHAPTERS 10.28 PARKING AND 7.60 ABANDONED VEHICLES This is a City of Tigard public meeting, subject to the State of Oregon's public meeting and records laws. All written and oral testimony become part of the public record and is openly available to all members of the public. The names and addresses of persons who attend or participate in City of Tigard public meetings will be included in the meeting minutes, which is a public record. Due to Time Constraints City Council May Impose A Time Limit on Testimony • y AGENDA ITEM No. 5 Date: January 2, 2018 PLEASE PRINT This is a City of Tigard public meeting,subject to the State of Oregon's public meeting and records laws. All written and oral testimony become part of the public record and is openly available to all members of the public. The names and addresses of persons who attend or participate in City of Tigard public meetings will be included in the meeting minutes, which is a public record. Proponent—(Speaking In Favor) Opponent—(Speaking Against) Neutral Name,Address&Phone No. Name,Address&Phone No. Name,Address P ne No. t, \` L C1 ,2sS w ROI(' (1K ,639- S 77 Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. City of Tigard, Oregon Affidavit of Posting In the Matter of the Proposed Ordinance(s) T I G A R D STATE OF OREGON ) County of Washington ) ss. City of Tigard ) I, 5-el I (! 1 u f" , being first duly sworn,by oath, depose and say: I posted in the following public and conspicuous places, a copy of Ordinance Number(s) 2f , i1 L G � which were adopted at the City Council meeting of Jam-l'1(AL)_ ti 2f� n the day of av24, , 20 j . T o ec( G'1 1/c///O/8 1. Tigard City Hall, 13125 SW Hall Blvd.,Tigard, Oregon 2. Tigard Public Library, 13500 SW Hall Blvd.,Tigard, Oregon 3.Tigard Permit Center, 13125 SW Hall Blvd.,Tigard, Oregon a Signature o erson who rfo d Posting Subscribed and sworn before me this Z day of li✓ , 201.E by r5)h . ;141 -off OFFICIAL STAMP Notary Public—State of Oreg n ANN KRAGER y 1 ,r fPUBLIC - OREGON ems` 'OMNISSION NO. 924954 !IY(:OM,:IS5I4,'N tXPIR-S FEBRUARY 10 2018 I:\ADM\CITY RECORDERS\FORMS\AFFIDAVIT OF POSTING-ORDINANCE.DOC