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City Council Packet - 12/15/1986 r s TIGARD CITY COUNCIL PUBLIC NOTICE: Anyone wishing to speak on an REGULAR MEETING AGENDA agenda item needs to sign on the appropriate BUSINESS & STUDY AGENDA sign-up sheet(s). If no sheet is available, DECEMBER 15, 1986, 6:30 P.M. ask to be recognized by the Chair at the start TIGARD CIVIC CENTER of that agenda item. Visitor's agenda items are 13125 SW HALL BLVD. asked to be to 2 minutes or less. Longer matters TIGARD, OREGON 97223 can be set for a future Agenda by contacting either the Mayor or City Administrator. o STUDY SESSION 1. REGULAR MEETING: 1.1 Call To Order and Roll Call 1.2 Pledge of Allegiance 1.3 Call To Staff and Council For Non-Agenda Items 2. VISITOR'S AGENDA (2 Minutes or Less Per Issue, Please) 3. CITY RECORDER APPOINTMENT & OATH OF OFFICE - ORDINANCE NO. 86- co n Legal Counsel & Mayor 4. ZONE ORDINANCE AMENDMENT - ZOA 7-86 - HOME OCCUPATIONS A request by the City of Tigard to review Chapter 18.142, Home Occupations, of the Tigard Municipal Code and to consider amendments and revisions to Chapter 18.142. Also to amend Section 18.26.030, 18.42.020(a)(8) and 18.42.020(A)(11) to change Code definitions of Home Occupations, Children's Day Care and Babysitting Services respectively. o Public Hearing Opened o Declarations Or Challenges o Summation By Community Development Director t o Public Testimony: Proponents, Opponents, Cross Examination o Recommendation By Community Development Director o Council Questions Or Comments o Public Hearing Closed o Consideration By Council - Ordinance #86 & Resolution #86- 5. ZONE ORDINANCE AMENDMENT - ZOA 8-86 - TEMPORARY SIGNS A request by the City of Tigard to amend the Sign Code requirements -in the Tigard Community Development Code Chapter 18.114 regarding temporary signs. o Public Hearing Opened o Declarations Or Challenges o Summation By Community Development Director o Public Testimony: Proponents, Opponents, Cross Examination o Recommendation By Community Development Director o Council Questions Or Comments o Public Hearing Closed o Consideration By Council - Ordinance No. 86-_Ia- 6. SOLID WASTE FRANCHISE ORDINANCE REVISION - ORDINANCE N0. 86-C�C� o Community Development Director 7. MLP 6-84 CONDITION CLARIFICATION (Phillips Property) o Community Development hirector 8. DOWNTOWN PLAN AUTHORIZATION o Community Development Director COUNCIL AGENDA - DECEMBER 15, 1986 - PAGE 1 3. } 4 9. PARKS SDC REBATE REQUEST DISCUSSION o Community Development Director 10. DISCUSSION OF ADVANCE REFUNDING OPTIONS o City Administrator RECESS COUNCIL MEETING 11. LOCAL CONTRACT REVIEW BOARD MEETING 11.1 Call To Order S Roll Call 11.2 Approval Of Advance Refunding Contract - $17,000 11.3 Adjournment RECONVENE COUNCIL MEETING 12. CONSENT AGENDA: These items are considered to be routine and may be enacted in one notion without separate discussion. Anyone may request that an item be removed by motion for discussion and separate action. Motion to: 12.1 Approve Council Minutes - October 20, & November 3, 1986 12.2 Receive and File: a. Monthly Departmental Reports b. Quarterly Tentative Agenda Report c. Interim Building Use Policy d. Monthly CIP Report e. Council Meeting Calendar Update 12.3 Approve Advance Refunding - Resolution 86-1 --<o 12.+4 Approve Contingency Appropriation - Resolution No. Sb 12.5 Approve Budget Committee Appointments - Resolution No. 86- 13. NON-AGENDA ITEMS: From Council and Staff 14. EXECUTIVE SESSION: The Tigard City Council will go into Executive Session under the provisions of ORS 192.660 (1) (d) 6 (h) to discuss labor relations and current/pending litigation issues. 15. ADJOURNMENT lw/4391A COUNCIL AGENDA - DECEMBER 15, '1986 PAGE 2 T I G A R D C I T Y C 0 U N C I L REGULAR MEETING MINUTES — DECEMBER 15, 1986 — 6:30 P.M. 1. ROLL CALL: Present: Mayor John Cook; Councilors: Tom Brian, Carolyn Eadon, Jerry Edwards, and Valerie Johnson; City Staff: Bob Jean, City Administrator; David Lehr, Chief of Police; Bill Monahan, Community Development Director; Ken Elliott, Legal Counsel; Keith Liden, Senior Planner; and Catherine Wheatley, Deputy City Recorder. 2. STUDY SESSION a. Council and staff reviewed several items of business including the fact that the Sturgis land appraisal was expected by mid-January, reminder of the upcoming County 2000 meeting, and scheduling of the Dartmouth Report at the Executive Session on January 12, 1987. b. City Administrator reported on Beaverton's proposed annexation in the Embassy Suites area. Council consensus was that the City Administrator should acknowledge this proposed annexation and note its compliance with the UPAA agreement. C. City Administrator synopsized the events to date on the basketball hoops in or near the public right-of-way issue. The Community Development Director distributed a memorandum on the subject and a newspaper article which appeared in the Tigard-Tualatin Times. After discussion, this item was scheduled for the January 19 regular City Council meeting where limited public testimony would be heard. d. Items for discussion at a special Executive Session were outlined by the City Administrator. Council consensus was that this Executive Session be scheduled for December 29, 1986 at 5:30 p.m. REGULAR MEETING BEGAN AT 7:00 P.M. 3. CALL TO STAFF AND COUNCIL FOR NON-AGENDA ITEY'I.S a. City Administrator listed the hand-carried items for packets concerning this meeting. These items included communication to Council regarding Metro's proposed rate increase in solid waste fees, a resolution regarding the formation of a City Center Task Force, and a resolution defining the role of the Economic Development Committee. b. City Administrator noted changes to the Consent Agenda. He stated there would be the addition of a Special Executive Session on December 29, 1986 at 5:30 p.m. and the June date of the Council Workshop was tentative. Page 1 - COUNCIL MINUTES - DECEMBER 15, 1986 s C. The following Non-Agenda Items were outlined by City Administrator: 1. 13.1 - Chief of Police employment agreement; two resolutions reflecting different options were presented for Council consideration. 2. 13.2 - An ordinance concerning "No Parking" on a portion of 92nd Avenue. 3. 13.3 - City Recorder Loreen Wilson would make a brief report to the Council. d. No Executive Session would be necessary; therefore, it should be cancelled. e. Motion by Councilor Johnson, seconded by Councilor Brian, to approve as noted by staff. Approved by a unanimous vote of the Council present. 4. KEY TO THE CITY a. Community Development Director reported that Cheryl and Jim Gower offered to make and donate a sign to commemorate Woodward Park, Ms. Gower is the granddaughter of Tigard's second Mayor, Edward A. Woodward. The sign, made by the Gowers in their woodworking shop, was presented to the Council for viewing. b. Mayor Cook presented a "Key to the City" to the Gowers "in appreciation for the Woodward Park Sign, December, 1986." 5. CITY RECORDER APPOINTMENT AND KEY TO THE CITY a. ORDINANCE NO. 86-64 - AN ORDINANCE AMENDING SECTION 2.56.010 OF THE TIGARD MUNICIPAL CODE AND DECLARING AN EMERGENCY. b. Motion by Councilor Brian, seconded by Councilor Eadon, to adopt Ordinance No. 86-64. Approved by a unanimous vote of Council present. C. Mayor Cook administered the Oath of Office for City Recorder to Loreen R. Wilson. The Council and City Administrator extended their congratulations to Ms. Wilson. 6. ZONE ORDINANCE ArEJW W - ZOA 7-86 - HOME OCCUPATIONS A request by the City of Tigard to review Chapter 18.142, Home Occupations, of the Tigard Municipal Code and to consider amendments and revisions to Chapter 18.142. Also to amend Section 18.26.030, 18.42.O20(a)(8) and 18.42.O2O(A)(11) to change Code definitions of Home Occupations, Children's Day Care and Babysitting Services respectively. a. Public Hearing Opened. b. Community Development Director outlined the events which led up to the presentation of the item for consideration by Council. Page 2 - COUNCIL MINUTES - DECEMBER 15, 1986 C. Public Testimony: o Ferd Moreno of 14430 S.W. McFarland Boulevard, stated that he believed the home occupation permit process should be liberalized. Under the current City ordinances, it is very difficult for a person to have a small business at home. He did not feel babysitting or foster care should be required to go through a permitting process despite possible traffic impacts. Mr. Moreno also stated that he did not think it appropriate to be required to gain permission from neighbors if a person meets rules and regulations of the Ordinance. 0 Geraldine Ball, 11515 .' 91st, NPO #4 Chairperson, said she was in favor of , r,ysitting and childcare as home occupations and recommended these businesses be controlled through a conditional use process. 0 gill McCabe, 14860 S.W. 98th Avenue, related his concerns about the several changes of the ordinance regarding Home Occupations and felt he and other permit Folders should have been notified. The City Administrator responded that standard procedure notices were posted in the Times for the Planning commission Hearing on December 2; separate notices to individual holders of permits were not mailed out. The City Administrator noted that this is a liberalization of the Code. Mr. McCabe was concerned about the way the renewals of the Home Occupation permits have been handled by the City in the past. The Community Development Director advised that there was no new initial fee or hearing for those persons presently holding Home occII patpermiton easi outlined inunless ethe proposed y wished to expand too the Type amendment. The renewal clause will be enforced which has not been done in the past. d. The Community Development. Director recommended that the proposal be approved as submitted with one correction. Page 10 of the draft amendment, Item No. 4 stated: Environmental iwapacts as defined under section (q) below. This was a misprint and should read: _ Additional requirements prescribed by the approval authority as defined under (d) below. This would mean the Hearings Officer may impose special conditions on the Type II Home occupations based on the types of uses being proposed. Page>3 -.COUNCIL MINUTES— DECEMBER 15, 1986 e• Council Questions and Comments o Councilor Edwards questioned Paragraph 6 on Pagemoi which stated: visitors. . shall not exceed . two business visitors an hour or up to a maximum of eight nity Development Director recommended per day. Commu the wording be changed to " to a maximum of eight visitors per day• to make this wording more clear. Councilor Edwards could support the Type I; he could not support the Type II because he felt it was not appropriate to have businesses of this nature in a residential neighborhood. 0 Councilor Brian questioned Page 10, Item (2)(i) concerning the size being extended into accessory buildings: this appeared to be an intensification considerably beyond what had been allowedpublic demand exists for �thisore ras opposed information to supporting a the neighborhood interest. Councilor Brian noted that there was an apparent conflict. Page 15 talked about babysitting where up to nine children could receive the services of a babysitter; yet, in another section only eight visitors per day would be allowed. He stated if nine children were allowed upyou theirayr have nine sets of parents delivering r day. children for a total of up to 18 vehicle trips per O Senior Planner Liden responded to Council questions noting concern on detached accessory buildings (i.e• people with home occupations were able to use an attached garage for it could not be storage, but if the garage was detached, built used). The intent was to allow a detached garage, at the same time as the house, to be used for storage• It was not the intent occupationallow storage purposes. He noted the built for home wording should be made more clear. Children's daycare clarification --- A "children's daycore" facility did not fall under this new provision; it would fall under conditional use procedures. Children's daycare as defined in this amendment was to distinguish this use from "babysitting services." community Development Director further clarified that babysitting services were currently unregulated. The State had created the definition but did not check the homes to ascertain if they were adequately set up to handle the clients they serve. Staff had been concerned about the traffic created in the neighborhoods by is type of business as well as the public safety aspects of knowing where the facilities were located. The Community commented on Staff's Development Director also patio home occupation about equitable enforcement of the ordinance. 9e DECEMBER 15, 1986 4 —,COUNCIL MINUTES - F t f. Public Hearing Closed g. Motion by Councilor Eadon, seconded by Councilor Brian, to table the issue to the January 26, 1987 meeting. Approved by unanimous vote of Council present. h. Council requested staff amend to clarify the wording and limit the number of visits (customers) to four/day for Type II Home Occupations. This wording should also make clear as to the number of visitors (customers) permissible for babysitting (as State defined) as a Type II Home Occupation. 7. ZONE ORDINANCE AMENDMENT - ZOA 8-86 - TEMPORARY SIGNS A request by the City of Tigard to amend the Sign Code requirements in the Tigard Community Development Code Chapter 18.114 regarding temporary signs. a. Public Hearing Opened. b. Community Development Director summarized the nature of this ordinance amendment. The revisions were limited to temporary signs only. C. Public Testimony -- No one was present to testify. d. Community Development Director recommended approval of the amendment and noted Planning Commission also recommended favorably. e. Public Hearing Closed f. ORDINANCE NO. 86-65 AN ORDINANCE AMENDING AND SUPPLEMENTING CHAPTER 18.114 OF THE TIGARD MUNICIPAL CODE (ZOA 8-86). S. Motion by Councilor Brian, seconded by Councilor Eadon, to approve Ordinance No. 86-65. Approved by unanimous vote of the Council present. 8. SOLID NASTE FRANCHISE ORDINANCE REVISION a. The Community Development Director synopsized the history of the item. Utility and Franchise Committee proposed several revisions to Chapter 11.04 of the TMC to recognize changes in ownership and direction of the franchisee, new procedures and dates for rate analysis and adjustment. The Community Development Director reported enforcement of the ordinance would remain a misdemeanor. He noted that recyclables were the property of the franchise haulers; however, others were picking this material up from the curb. Efforts would be made through the Police Department to continue enforcement as a misdemeanor. If this did not work, Staff would later request a code change to administer as a civil infraction. Page 5 - COUNCIL MINUTES - DECEMBER 15, 1996 b. ORDINANCE NO. 86-66 AN ORDINANCE AMENDING CHAPTER 11.04, SOLID WASTE MANAGEMENT, OF THE TIGARD MUNICIPAL CODE. ' C. Motion by Councilor Johnson, seconded by Councilor Edwards, to approve Ordinance No. 86-66 with amendment that the bracket ([) in Section 4 should be placed to read: "(1) On or before [September ist. ." Approved by unanimous vote of Council present. d. The Community Development Director reported that the Utility b Franchise Committee met recently and unanimously voted to request the City Council submit a letter indicating displeasure with the exorbitant proposed increases. The Community Development Director advised that the increase was projected to be anywhere from 14-18X. The Committee was told, however, that the proposal may not be considered on December 18, 1986 due to the change in administration. They anticipated some revisions. e. Council directed staff to prepare a letter to Metro over the Mayor's signature indicating the City's "displeasure with the exorbitant proposed increase." 9. MLP 6-84 CONDITION CLARIFICATION (Phillips' Property) a. The Community Development Director synopsized the history of this agenda item. At the November 24, 1986, Council meeting, the issue of right-of-way dedication along the 108th Avenue frontage of the Phillips' property was discussed. Before the Council made a determination as to whether the five-foot dedication should have been made in conjunction with a previous land use decision, 3 additional information was requested. b. Mr. Stanley Sharp, attorney for Mrs. Elton Phillips, addressed the Council. He stated that, according to a deed which he 74 reviewed, 20.41 feet was already dedicated to the City. This would mean only 4.59 feet remained for the required right-of-way dedication. He did not recollect Mr. Phillips ever advising him that he agreed to this dedication. C. Mr. Roger Anderson, attorney for Mr. Kenneth Waymire, addressed the Council. A letter from Mr. Anderson dated 12/1/86, was Included in the Council packets for this meeting. Mr. Anderson reiterated the remarks from the letter and asked Council to "follow the decision and do what is required by the condition. . ." (Condition of approval for M 8-84..'MLP 6-84). This issue was delaying the filing of Dover Landing. d. The City Administrator clarified that at the time of the minor land partition by Mr. Phillips, the City conditioned the dedication of the entire right-of--way. The City waived the y actual giving of that at that time to only the small portion (approximately 5 feet) until such time as the City needed it. The condition of approval was the entire right-of-way but at the time, in deference to Mr. Phillips, the City only took what they needed. Staff was now stating that itwastime for :thQ city. to reassert the entire-condition. _ ti Page 6. - CO_UNML MIffi TES;: DECEMBER 15, 1996 e. The Community Development Director reported that it was the staff's recommendation that City Council support staff's interpretation and require dedication. f. Motion by Councilor Brian, seconded by Councilor Eadon, that the City reaffirm the conditions of M 8-84/MLP 6-84 and that the remaining frontage be dedicated by Mrs. Phillips at this time. Approved by unanimous vote of Council present. 10. DOWNTOWN PLAN AUTHORIZATION a. The Community Development Director outlined the agenda item. Councilor Johnson had been working with the staff and Economic Development Committee to activate a study of the downtown area. Working with PSU, the City has developed a solid data base and now needs to designate a task force to coordinate the study. There were two resolutions for Council consideration which were outlined by the Community Development Director. On the first resolution, the Economic Development Committee identified the need for a revitalization effort and the benefits of having a revitalized City Center. It was noted in the studies that the center City has lagged behind the other commercial areas of Tigard and that there were many issues relating to zoning, public improvements, transportation and marketing that need to be resolved. The Committee would like to be involved in addressing those issues, but were asking that another entity take the lead through the creation of the City Center Plan Task Force. b. During Council discussion, it was noted that the City Center Plan Task Force would report directly to the City Council, not the Economic Development Committee. C. RESOLUTION 86-134 IN THE MATTER OF THE CREATION OF A CITY CENTER PLAN TASK FORCE FOR THE CITY OF TIGARD. d. Motion by Johnson, seconded by Edwards, to adopt Resolution No. 86-134. Approved by unanimous vote of Council present. e. Community Development Director then summarized the reasoning for r the second resolution. The Economic Development Committee suggested that Council revise the mission statement for the Committee contained in Resolution Nos. 83-103 and 85-15. f. RESOLUTION N0. 86-13 IN THE MATTER DEFINING THE ROLE OF THE TIGARD ECONOMIC DEVELOPMENT COMMITTEE AND MODIFYING RESOLUTIONS N0. 83-103 AND 85-15. g. Motion by Councilor Brian, seconded by Councilor Johnson, to recommend adoption of Resolution No. 86-135 with the following amendments: Page 7 - COUNCIL MINUTES - DECEMBER 15, 1996 2.D. to read "The Economic Development Commite doing act as Ambassadors to the business community and promote in Tigard." 2.G to read "The Economic Development Committeeall continually monitor the inventory of the remaining buildable al and industrial land in Tigard and provide recommendations to the City Council and Planning Commission." Approved, as amended, by unanimous vote of the Council present. I1. PARKS SDC REBATE REQUEST DISCUSSION (WINTERLAKE) a, Community Development Director syponsized this request; however, the applicant was unable to attend the meeting due to illness. It was recommended that the item be tabled to a future meeting. b. Motion by Councilor Eadon, seconded by Councilor Brian, to table the item to a future meeting. Approved by unanimous vote of Council present. 12. DISCUSSION OF ADVANCE REFUNDING OPTIONS a. The City Administrator outlined the information coCouncil about this issue. There was considerable discussion by proposal and anticipated savings which would be experienced. C. RESOLUTION NO. 86-136 A RESOLUTION OF THE CITY OF TIGARD, WASHINGTON COUNTY, OREGON AUTHORIZING SUBMISSION OF AN ADVANCE REFUNDING PLAN TOD E SCATS TREASURER, AND DESIGNATING THE FINANCIAL ADVISOR AN d. Motion by Councilor Brian, seconded by Councilor Johnson,l o adopt Resolution Na. 86-136 subject to review and app City's Legal Counsel. Approved by unanimous vote of Council present. RECESS COUNCIL MEETING: 9:12 p.m. 13. CONTRACT REVIEW BOARD MEETING was called to order at 9:12 PM. a, ROLL CALL: Present: Board Chairman John Cook; Board Members: Tom Brian, Carolyn Eadon, Jerry Edwards, and Valerie Chief oof City Staff: Bob Jean, City Administrator; David Lehr, Police; Bill Monahan, Community Development Director; Ken Elliott, Legal Counsel; and Catherine Wheatley, Deputy City Recorder. b. City Administrator recommended approval of Advance Refunding Contract - $17,000 to utilize the services of Rebecca Marshall of Government Finance Associates. Page 8 — COUNCIL MINUTES — DECEMBER 15, 1986 C. Motion by Councilor Brian, seconded by Councilor Eadon, to authorize the City Administrator to sign, on behalf of the City, a contract with Government Finance Associates in the amount of $17,000 and further authorize staff to publish a call for bids; the contract was subject to review and approval of City's Legal Council. Approved by unanimous vote of Board members present. ADJOURN CONTRACT REVIEW MEETING: 9:14 p.m. RECONVENE CITY COUNCIL MEETING 9:14 p.m. 14. CONSENT AGENDA These items are considered to be routine and may be enacted in one motion without separate discussion. Anyone may request that an item be removed by motion for discussion and separate action. 14.1 Approve Council Minutes - October 20, & November 3, 1986 14.2 Receive and File: a. Monthly Departmental Reports b. Quarterly Tentative Agenda Report C. Interim Building Use Policy d. Monthly CIP Report e. Council Meeting Calendar Update 14.3 Approve Advance Refunding - Resolution No. 86-136 (Note: This Resolution was approved as reported in Item No. 11 above.) 14.4 Approve Contingency Appropriation - Resolution No. 86-137 (Note: This was considered separately and not approved under Consent Agenda Items -- Please see Item No. 15 below.) .. 14.5 Approve Approve Budget Committee Appointments - Resolution No. 86-138. a. Notion by Councilor Eadon, seconded by Councilor Brian to approve the Consent Agenda with the exception of Item No. .4 which was pulled for consideration as a separate item. b. Discussion was held on Consent Agenda Item No. .2 c. Councilor Eadon reported that the Library was currently utilizing their own policy in reserving the Quiet Room. Councilor Eadon felt the policy should be uniform for City buildings. It was the consensus of Council that the existing Library Use Policy be left as is for now. The Building Use Policy Committee will develop a final policy which would incorporate the Library so that it is consistent with other City buildings. This policy would not include the Senior Center as it is under a lease agreement. Motion to approve Consent Agenda with amendment was approved by unanimous vote of Council present. 15. RESOLUTION NO. 86-137 - CONTINGENCY APPROPRIATION. a. RESOLUTION NO. 86-137 A RESOLUTION APPROPRIATING CONTINGENCY FOR THE ADDITION OF STAFF POSITIONS AND MINOR EXPENDITURES ON CIVIC r CENTER. Page 9 - COUNCIL MINUTES - DECEMBER 15, 1986 b. Motion by Councilor Eadon, seconded by Councilor Brian, to adopt Resolution No. 86-137. Discussion on the motion: Councilor Johnson said she disagreed with the addition of the staff as outlined except for the Traffic Engineer. Approved by a 4-1 majority vote of Council present; Councilor Orohnson voting "Nay." 16. NON AGENDA ITEMS 16.1 - Consideration of Resolution 86-132 (option A or B). The Council had provided the Chief of Police with a police vehicle for business and personal use. The issue to be decided was what constitutes personal use. The City Attorney and staff researched the issue and submitted the options for Council review. The difference in the options was outlined in the summary sheet prepared for council review. A. There was discussion on the two options. Councilor Eadon said she supported Option 8 wherein it stated in part: " .The CITY shall provide a City-owned vehicle to EMPLOYEE for his use. The CITY authorizes the EMPLOYEE to use the above-referenced vehicle for personal use that is incident to law enforcement activities." The City Administrator recommended adoption of Option B. b. Councilors Brian, Johnson and Edwards commented that they felt that Option A better reflects the desire of the City Council. Option A stated, in part: " .The CITY does not authorize use of this vehicle for vacation or recreational trips." C. RESOLUTION NO. 86-132 (Option A) A RESOLUTION OF THE TIGARD CITY COUNCIL AMENDING THE EXECUTIVE SERVICE EMPLOYMENT AGREEMENT WITH DAVID C. LEHR REGARDING THE USE OF A CITY VEHICLE. d. Motion by Councilor Brian, seconded by Councilor Edwards, for adoption of Resolution No. 86-132 Option A. Approved by a 3-2 majority vote of Council; Mayor Cook and Councilor Eadon voted "Nay." �m 16.2 Ordinance No. 86-67 concerning the restricting of parking on a portion of 92nd Avenue. x a. The City Administrator summarized the history of the issue. It - appeared that parking should be prohibited, for safety reasons, except in the area near the park where a wide gravel shoulder exists. In the judgment of the Police and Engineering Departments, the ordinance was needed; therefore, staff recommended approval. Page 10 - COUNCIL MINUTES - DECEMBER 15, 1986 b. ORDINANCE NO. 86-67 AN ORDINANCE AMENDING AND SUPPLEMENTING CHAPTER 10.28, OF THE TIGARD MUNICIPAL CODE BY ADDING TO SECTION 10.28.130 TO PROHIBIT PARKING ON PORTIONS FO SW 92ND AVENUE, DECLARING AN EMERGENCY AND FIXING AN EFFECTIVE DATE. C. Council discussed the inadequate parking vs. safety problems which were at issue. Councilor Johnson expressed some doubts that the proposed Ordinance adequately addressed the concerns. d. Motion by Councilor Brian, seconded by Council Eadon, to adopt Ordinance No. 86-67. Ordinance No. 86-67 passed on first reading by a 4-1 majority vote of Council present; Councilor Johnson voted Nay, Ordinance No. 86-67 will require a second reading. 17. PRESENTATION TO MAYOR COOK a. The Council meeting was noted as the last regular meeting at which Mayor Cook would preside. The City Recorder presented Mayor Cook with a cake in appreciation for his years of service to the City. Farewell remarks were made by Council and Staff. Mayor Cook addressed the Citizens of Tigard, Council and Staff with farewell remarks and extended holiday season greetings. Is. EXECUTIVE SESSION - Cancelled 19. AWOURNMEMT: 9:45 PM Deputy Recorder - City of Tigard ATTEST: Mayor - City of Tigard cw/4470A - pmge 11 - COUNCIL MINUTES DECEMBER 15, 1986 TWAES PUBLISHING CC PANY Log,, P.O.sox 370 PHONE(503)1584-0300 Notice 7-6887 BEAVERTON.OREGON 87075 I fLOLI VE L, Legal Notice Advertising - 15 1986 +� 13 Tearsheet Notice City Of Tigard CITY (1F j r� 1 • PO Box 23397 • E3 Duplicate Affidavit Tigard, Or 97223 `n ,z AFFIDAVIT OF PUBLICATION STATE OF OREGON. ? COLWTY OF WASHPINGTON. Anne Jeanlieft �h Director.f�st dulor his sworn, depose cites theme 1 gal I am yWr�tisiA� a newspaper of feral circulation as d9flned in ORS 183.010 and 1@3.020:pubilshed at T Aar in the , eforesaid county and sltete t5 %6 Cir;counc 1 e printed dopy of which is hereto annexed. was published in the entire issue of said newspaper for-1--successive and Consecutive M the foilowinp lemma: Dec. , 11386 Subscrbeda ,b Dec. 11 , 1986 .rt 3 t AFMAYM map h '. Y CITY OF TIGARD. OREGON " AFFIDAVIT OF POSTING In the Matter of the Proposed Special Meeting - Executive Session of City Council on December 15; 1986 STATE OF OREGON ) County of Washington) ss City of Tigard ) I, Catherine Whea` '.ey being first duly sworn, on oath depose and say: That I posted in the following public and conspicuous places, a copy of Notice of Special Meeting for the Council Meeting dated December 11, 1986 a copy of said notice being hereto attached and by reference made a part hereof. on the llthday of December 1986. I. Tigard Civic Center, 13125 S.W. Hall Boulevard, Tigard. Oregon. C f Subscribed and sworn to before me this L day of1985. .l.!:._. .. 4nota Public for Oregon ARCHA K. HUNT My Commission Expires: NOTARY PUBLIC — OREGON My Commtscfon fxomsz �, 14 F m December 11, 1986 NOTICE OF SPECIAL MEETING Notice is hereby given that a Special Executive Session Council meeting, called by the Mayor with the common consent of the Council, will be held on December 15, 1986, at 7:00 p.m. in the Tigard Civic Center Conference Room, 13125 S.W. Hall Blvd. , Tigard, Oregon. The meeting is called for the purpose of holding and Executive Session under the provisions of ORS 152.660 (1) (a)(d)(e) 6 (h) to the discuss employment agreement of an officer or employee, labor relations, real property transactions and current/pending litigation. a � ahn Cook, Mayor' L cw/4455A CITY OF TIGARD, OREGON AFFIDAVIT OF POSTING In the Matter of the Proposed COUNCIL ADOPTED ORDINANCES STATE OF OREGON ) County of Washington) ss City of Tigard ) I, being first duly sworn, an oath depose and say: That I posted in the following public and conspicuous places, a copy of Ordinance Number(s) which were adopted at the Council Meeting dated copy(s) of said ordinance(s) betM hereto attached and by reference made a part hereof, on the 2_3 day of 198rP. 1. Tigard Civic Center, 13125 SW Hall Blvd., Tigard, Oregon 2. U.S. National Bank, Corner of Main and Scoffins, Tigard, Oregon 3. Safeway Store, Tigard Plata, SW Hall Blvd., Tigard, Oregon Subscribed and sworn to before sw this day of/ 1986, Nota Public for Oregon MAl K. HUNT My Commission Expires: 5-- m NOTARY PUBLIC -- OREGON My Commission EMM =tc _ r t pt L rt 5. CITY OF TIGARD, OREGON ORDINANCE No. 86 AN ORDINANCE ADOPTING FINDINGS AND CONCLUSIONS TO APPROVE A COMPREHENSIVE PLAN AMENDMENT (CPA 6-86) AND ZONE CHANGE (ZC 10-86) PROPOSED BY WHITE, DAYSON, RANDALL, RANDALL, RANDALL, AND BROYJfJSOfJ (ALBERTSON'S) . WHEREAS, the applicant has requested a Comprehensive Plan Amendment from High, Medium High, and Low Density Residential development tai Commercial General and a Zone Change from R-40 (Residential, 40 units/acre), R-25 (Residential , 25 units/acre) and R-4.5 (Residen- tial , 4.5 units/acres) to C-G (Commercial General ). WHEREAS, the Planning Commission reviewed the proposal on October 71 1986 and recommended denial of the proposal ; WHEREAS, public hearings were held before City Council on November 4 31 1986 and November 170 1986, to consider public testimony and the Commission recommendation. THE CITY OF TIGARD ORDAINS AS FOLLOWS: Section 1 : The City Council reverses the Planning Commission recommendation and conditionally approves the request. Section 2 : The proposal is consistent with all relevant criteria discussed in Exhibit "A" (facts, findings, conclusions). Section 3: Approval of application CPA 6-86 and ZC 10-86 is hereby granted subject to the following conditions: a. Replacement of 398 residential housing units must be approved by the City Council through the replan- ning and/or rezoning or other properties within the City. The proposed plan a,nendment and -one change shall not become effective until such replacement housing is approved. $ b. The location of such replacement residential units shall not be situated as to effect a substantial 4 _ adverse traffic impact upon Durham Road. c. The applicant shall be entitled to apply for and complete site development review, and all other related land development approval processes; and such site development related review approvals shall be conditioned upon compliance with the requirements of paragraphs a and b above. Section 4: The Comprehensive Plan and Zone designations shall be changed upon meeting the conditions in Section 3 above ` within the area illustrated in Exhibit "B" (map). Section 5: It is further ordered that application for the planning and zoning for the above described replacement residential housing units is hereby initiated by the City Council, the planning staff is hereby directed to provide for and carry out its responsibilities in relation to such planning and zoning process, and the time periods designated in the Community Development Code 18.30.030 and 18.32.030 are hereby waived. Section 66: It is further ordered that the planning and zoning process for the above described replacement residential housing units shall be carried out in the following manner: a. The planning staff and the applicant herein shall cooperate to present to the City Council a proposed target area or areas for potential replacement housing. b. The Planning Commission shall conduct a public hearing or hearings to change planning and/or zoning within the target or areas, and make recommendations to the City Council as to changes and parcels of land to potentially provide for the replacement of 396 residential housing units; at such public hearing or hearings individuals may participate and request additional lands be considered by the Planning Commission; and such hearing or hearings shall be conducted so as to follow all quasi—judicial requirements set forth in the Community Development Code Section 18.32. C. The City Council shall review by a regularly scheduled public hearing the recommendations of the Planning Commission for decision. d. The applicant shall pay to the City within thirty days of the date of this Ordinance an additional application deposit for the review process described in Sections 3 and 6 above in the amount of three thousand dollars ($3,x)• The actual costs of the application is to be documented including staff time, and the applicant will be responsible for only the actual coat. Section 7: This ordinance shall be effective on and after the 31st day after its passage by Council, and approval by the Mayor. M PASSED: By a unanimous vote of all Council members present after being read by number and title only, this 8th day of December, 1986. �J loreen R. Wilson, Acting City Recorder APPROVED: This 8th day of December, 1986. E<_ ohn E. Cook, Mayor: .�.� �-- •� �� �� ,�!. "rte, - _ - n�m-- - EXHIBIT "_A" BEFORE THE CITY COUNCIL OF THE CITY OF TIGARD R QUEST BY ALBERTSON'S, INC. , ) CPA 6-86 and ZC 10-86 for approval of comprehensive ) plan amendment and zone change ) FINDINGS, CONCLUSIONS and ORDER I. NATURE OF THE APPLICATION This is an. application for a comprehensive plan amendment changing the subject property from a mixture of High, Medium- High, and Low Density Residential to General Commercial ; and a zone change from a mixture of R-40 (40 units per acre Multiple Family Residential ) , R-25 (25 units per acre Dlultiple Family Residential ) , and R-1 through R-4.5 (Single Family Residential ) to C-G (General Commercial ) . II. HEARING The Planning Commission held a public hearing and considered this application on October 7, 1986. Following the presentation o: the staff report and the public testimony at the hearing , the Planning Commission voted 3 to 2 for a recommendation of denial to the City Council. The City Council held a public hearing , heard presentation of the staff report, public testimony and considered this application on November 3 , 1986. The City Council thereafter continued the public hearing until November 17, 1986 for receiving additional testimony on the issues of traffic generation and relocation of residential densities. Following the presentation of the staff reports and additional public testimony on November 17, 1986, the City Council unanimously approved the application subject to the conditions identified hereinafter in the Order. III. RELEVANT FACTS The following is a summary of the facts and testimony found to be relevant to this decision. A. Comprehensive Plan and Zoning Designations 1. The Comprehensive Plan Map designates Tax Lots 100, 200, 300 and 400, comprising 11.95 acres, as High Density Residential; Tax Lots 3000, 3001 and 3002, comprising 7.15 acres, as Medium-High Density Residential ; and Tax Lots 2800, 2602 and 2900, comprising approximately 2.35 acres as Low Density Residential . ; 1 - FINDINGS, CONCLUSIONS AND ORDER 1 { 1 2. Correspondingly, the above described mixture of tax lots is zoned R-40 (40 units per acre Multiple Family Residential ) , -R-25 (25 units per acre Multiple Family Residential ) , and R-1 through R-4.5 (1 to 4.5 units per acre Low Density Residential ) . B. Site Location 1 . The site is located in southern Tigard at the southeast quadrant of the intersection of Highway 99W and Durham Road. The site is rougly "L-shaped" and has. f rontage on both Highway 99W and Durham Road. 2. Access to the site is from Highway 99W on the west, the largest major traffic way or arterial in the City of Tigard; Durham Road on the north, a major collector; and 113:.h Street on the East. The applicant's traffic report identified a varying number of adequate access points on all of these three traffic ways. The traffic engineer testified that: a. Highway 99W is designated as major arterial street connecting the City of Tigard with the suburban areas to the south (i .e. Newberg and McMinnville). Highway 99.1 at Durham Road contains two through lanes each direction and left turn pockets at the intersection. b. Durham Road is currently a two (2) lane road- way with no parking allowed on either side of the street. Durham Road serves as an east/west collector street between Tualatin and the King City area to the west. The °r intersection of Durham Road and Highway 99W is signalized and currently operates on a split phasing east/west and as separate phases for the north/south direction. C. The existing intersections and roadways adjacent to the site currently operate at Level of Service C or better. Level of Service C has a remaining traffic capacity of 20% or better. d. Suggested roadway improvements provided at development of the site include: (1) a traffic signal to be installed on Durham Road at the Summerfield Intersection and utilized as the main access point to the site; (2 ) , Durham Road be improved with two eastbound lanes between Pacific Highway and 113th Street Intersection, with 100 foot or more left turn pockets at the Summerfield Intersection east and west bound; (3) two right turn in and right turn out driveways to be allowed on Highway 991, one driveway located approximately 360 feet south of Durham Road and one driveway located at the south property line approximately 11100 feet south of Durham Road; (4) provision of right turn pockets into the site along Durham Road; (5 ) 2 - FINDINGS, CONCLUSIONS AND ORDER T: t removal of planter in Summerfield Street at the intersection of Durham Road to provide two lanes southbound with a continuous right turn lane; (6) and with Oregon Department of Transportation approval , lenghthen the left turn lane southbound on Highway 99W at the Durham Road intersection. e. Development of the site as commercial would generate 10,941 trips per day and 984 trips at P. �A. peak hour. Forty percent of the trips attracted to the commercial site represent drop-in trips by .vehicles that are already on the adjacent road system. The net additional trip ends generated by the site are 6,540 trips per clay and 590 trips at P. M. peak hour. With the inclusion of traffic generation for commercial uses at the site and the suggested improvements, the intersection of Highway 99W and Durham Road would be at Level of Service A during A. M. periods and Level of Service C at P. M. periods , and the intersection of Durham and Summerfield would be at Level of Service A at A. s M. and P. M. periods. f. Including the subject site traffic generation as commercial and area properties under their current zoning , the intersections at Highway 99W and Summerfield along Durham Road would have additional capacity to allow for a trip generation of an additional 463 units assuming all trips travel in only the westbound direction along Durham Road, or over 900 residential units assuming a 50`0 m distribution of traffic movement east and west along Durham Roan. Traffic generation caused by the subject site being developed as commercial provides a daily trip generation z� substantially equivalent with the traffic generation associated with the subject site being developed as residential under current allowable densities•. g. Tri-Met bus service to the area includes Route No. 5 running along Pacific Highway and a loop through :ting City initiated at Durham Road and Highway 991.1. ':here are regularly scheduled bus stops at this intersection. Tri-Piet also operates Route No. 43 along Durham Road with regularly scheduled stops to the east of the subject site. C. Availability of Services 1 . Water a.. Testimony identified. that Tigard :•rater District has a 12 inch line in Durham Road abutting the property for approximately 500 feet of frontage, and another 12 inch line along the subject property's entire Highway 991 frontage, and with sufficient capacity to fully service the property. 3 FINDINGS? CONCLUSIONS AND ORDER 2. ;u�aer a. Testimony identified that the City of T yard has an eight inch sanitary sewer main in Durham Road along approximately 170 fact of the subject property's fron_<�ge, and sufficient capacity to fully service the site. 3. Drainage a. Testimony identified that storm serer also abuts the property in Durham Road and that it has adequate capacity. 4. Fire and Police Protection a. The subject site is being annex into the City of Tigard and will be adequately served by the City' s police department services and ulalatin Rural Fire protection District. 5. Utilities a. All private utilities such as natural gas, electric and telephone are already adjacent to the site to the immediate north and west. D. Site Characteristics 1 . Site Size a. The site is approximately 22 acres in size. Portions of the site have been previously developed for single lamily residences on large lots. b. The site is generally "L-shaped" with approximately 1 ,100 feet of frontage along Highway 99" an approximately 940 feet of frontage along Durham Road . C. The property has an approximate depth along Highway 99w of 725 to 1 ,220 feet and along Durham Road of approximately,/ 880 to 1 ,050 feet. 2. The site is relatively level and gently s'_oPOS to she south where there is a ravene along the southern '-order o: the site. 3. Geologic formation and soil characteristics .44 ` a. There are no faults on the site, the soils conditions in the northern portion of the site are P redominantly Willamette Silt and the soils conditions in the southern portion of the site are predominantly Lacustrine Nand. "FINDINGS, CONCLUSIONS AND ORDER 4. The site has conifer trees along the northwest corner of the site, the southwest boundary and a portion of the southeast boundary. The remainder of the site is covered by grass and various deciduous second growth trees. 5. The site is not subject to flooding and is not designated as an area with important values for wildlife. E. Surrounding Land Uses 1 . To the immediate northwest, the. King City business center is located and consists of a combined acreage in excess of 22 acres. The focus of the King City business center is "King City Plaza" , which includes a large multi-use structure housing general retail uses and a Kienow's grocery store. Other retail services and four banks are located in adjacent buildings. 2. A general commercial use entitled '1t9=llo%il:)r00% Business Park." is located directly to the north of the subject site. This development consists of six buildings arrayed in an office-retail complex setting. Existing uses of these buildings include restaurant, offices, general retail and convenience shopping services . The site is approximately one-third to one- half the size of the subject property. 3. To the immediate south of the site is a mobile home park/subdivision entitled "Royal Mobile Villas" which consists of Tax Lots 100, 200 and 2600. The total acreage of this planned mobile home development is approximately 40 acres . 4. To the immediate west of the subject site is a central business district that is about half developed. '170tal acreage in this central business district is approximately 2S acres. At the southwestern corner of Highway 99W and Durham Road is a large vacant parcel of approximately 12 acres designated as a central business district. 5. Farther south along Highway 99W, but adjacent to the subject site, is an office complex entitled "Tualatin Valley Professional Center". Next to this planned commercial complex is "King City Convalescent Center", "Cedar Park Manor" (a mobile home park ) and "D & M Market" (a neighborhood convenience market ) . 6. 'To the northeast of the subject site is a large medium-high density residential development entitled "Summerfield." Thin site is approximately 30 acres in size. The remaining surrounding land is generally undeveloped or partially vacant large residential parcels. To the immediate east , there is a large medium to high density residential zone comprising approximately 30. acres. Ultimate- development of this district !-could or should involve a large scale residential planned development with building sizes and site utilization plans of a 5 - FIiJDINGS, CONCLUSIONS AND ORDER scale compatible with the subject site and the similar existing development size uses and density in the "Summerfield" planned development located immediately north of this district. To the southeast of this subject site is a low density residential area consisting of large vacant or greatly oversized residential parcel,. This entire area is geographically isolated from the more intensive uses aligning both Highway 99W and Durham Road . Access to the area is toward the end of 113th Street. This area generally slopes southward toward the Tualatin River, is not associated with the commercial developments to .the northeast and is more or leas river oriented. F. The Characteristics of the Proposal 1 . The proposal is to change the comprehensive plan designation for the property from a mixture of high through low density residential to General Commercial , and a zone change from a mixture of residential housing densities to C-G (General Commercial ) . 2. The applicant intends to develop the entire subject site, upon approval of the comprehensive plan amendment and zone change, as a medium sized shopping center !•pith a commercial building square footage of approximately 177,600 square feet . The proposed uses in the shopping center would include a major regional grocery facility , a department store and other general retail services. The applicant testified that the proposed use is not speculative and that the applicant has commitments from the principal users for immediate development upon approval. 3. The proposed site development plan illustrates the feasibility of the site accommodating commercial use and the proposed uses, along with satisfying city requirements of site coverage not exceeding 851JO and the provision of landscaping and buffering of at least 15%. IV. RELEV;,,WT CRITERIA A. Oregon Revised Statutes 1 . ORS 227.173 requires that approvals or denials be based upon standards and criteria, which are set forth in the development ordinance and comprehensive plan, and shall be based upon and accompanied by a brief statement that explains the criterion standards considered relevant to the decision, states the =acts relied upon in rendering the decision, and explains the justification for the decision based on the criteria, standards and =acts set forth. 2. ORS 197.250 provides that all comprehensive plans and land use regulations adopted by local governments to carry out those comprehensive plans shall be in compliance x-Ath 6 - PIN DINGS, CONCLUSIONS AND ORDER •` a statewide planning goals _where such provisions have not already been certified with compliance acknowledgment. S. Oregon Administrative Rules 1. The City's comprehensive plan and regulations have been acknowledged. The application requests amendments to the comprehensive plan and zoning ordinance which require compliance with statewide planning goals pursuant to ORS 197.250. C. The Comprhensive Plan 1. The Plan Map a. The map designates the site as a mixture of High Density Residential , Medium-High Density Residential and Low Density Residential. These map designations correspond to maximum densities of 40 units per acre, 25 units per acre and 4.5 units per acre. 2. Plan Policies a. Plan Policy 12.2.1 identifies that the City shall : (1 ) provide for commercial development based on the type of use, its size and required trade area; (2) apply all applicable plan policies; and (3) apply the appropriate locational criteria applicable to the scale of the project. b. The standard for General Commercial provides that general commercial areas are intended to provide for major retail goods and services. The uses classified as general commercial may involve drive-in services, large space users, a combination of retail , service, wholesale and repair services or provide services to the travelling public. The uses range from automobile repair and services, supply and equipment stores, vehicle sales, drive-in restaurants to laundry establishments. It is intended that these uses be adjacent to an arterial or major collector street. The scale of the general commercial area is as follows: (1 ) trade area: varies; (2 ) site size: depends on development; and (3) gross leasable area: varies. C. The locational criteria are as follows: V, (1) Spacing and Location (a) The commercial area is not surrounded by residential districts on more than two sides. 7 - FINDINGS, CONCLUSIONS AND ORDER (2 ) Access (a) The proposed area or expansion of an existing area shall not create traffic congestion or a tra - safety problem. Such a determination shall be based on the street capacity, existing and, projected traffic volumes, the speed limit, number of turning movements, and ' the tra:fic generating characteristics of the various types of uses . (b) The site shall have direct access from a major collector or arterial street. (c) Public transportation shall be available to the site or general area. (3) Site Characteristics (a) The site shall be of a size which can accommodate present and projected uses. (b) The site shall have high visibility. (4) Impact Assessment (a) The scale of the project shall be compatible with the surrounding uses. (b) The site configuration and. characteristics sha,.l be such that the privacy of adjacent non- commercial uses can be maintained. (c) It shall be possible to incorporate the unique site features into the site design and development plan. (d) The associated lights, noise and activities shall not interfere with , adjoining non-residential uses. d. Application of policies and implementation strategies from the following sections of the Plan : 3 -- FINDINGS, CONCLUSIONS AND ORDER 4j _ye_ 2. Citizen Involvement J. Natural Features and Open Space �. Air , dater and Land Resources Quality 5. Economy 6. Housing 7. Public Facilities and Services 3. Transportation 9. Energy 10. Urbanization 11 . Special Areas of Concern D. Zoning 1 . The zoning map designates the site as a mixture o: residential densities ranging from R-40 (40 units per acre Multiple Family Residential ) , R-25 (25 units per acre Multiple Family Residential ) , and R-1 through R-4.5 (Single Family Residential ) . V. ULTIMATE FACTS A. Compliance with the Comprehensive Plan Locational Criteria 1 . Spacing and Location The subject property is not surrounded by residential districts on more than two sides. The subject site is at the southeastern corner of Highway 99W and Durham Road. Immediately to the west of the site and along the west side of Highway 99W are general commercial uses. The zoning on these adjacent properties is equivalent to the City of Tigard's zoning for "central business district." Both King City and Washington County share zoning responsibility for this adjacent area. Vashington County's "central business district" zoning extends from Durham Road to an area substantially south of the subject property and includes Tax Lots 500, 700, 2800, 2700 and 2600. To - the immediate north of the subject property is Durham Road and a general commercial zone (C-G). Adjacent to this C-G zone is a designated open space area that extends east to 113th Street. The C-G zone is already substantially developed by a mix o." " singular commercial uses and a shopping center-office complex. The open space area is completely improved and is subject to established development restrictions. Locational Criteria (? ) (a) 9 - FT_UDINGS, CONCLUSIONS AND ORDER is specifically interpreted to allow inclusion of the open space area in the calculations for compliance with the criteria on the basis that the open space provides an adequate buffer between commercial and residential districts to satisfy the underlying purpose for the spacing and location criteria. The remaining eastern and southern boundaries of the subject site abut residential districts. 2. Access a. The proposed area or expansion of an existing area shall not create traffic congestion or a traffic safety problem. (1 ) The traffic analysis prepared by Associated Transportation Engineering and Planning, Inc. (dated July 1986) and corresponding supplements provide data and analysis which address street capacity, existing and projected traffic volumes, speed limitations, number of turning movements and site traffic generation. For the purpose of analysis, the repe3rt utilizes traffic volumes and characteristics on a "worse case" or maximum vehicles possible basis. Full development of the subject property as general commercial and the suggested roadway improvement establishes that all existing intersections will be R; maintained and operate at Level of Service C or better. Due to the proposed site design, signalization of Durham-Summerfield intersection, and a right turn in/right turn out limitation for Highway 99VI, the designation of the subject property as general commercial will not change the level of service traffic classifications for the existing intersections and roadways near the site. a (2) Level of Service D is generally utilized by the City as the standard for assessing urban traffic operations and design of urban roadways. It is also the adopted policy of Metropolitan Service District (MSD) to maintain a level of service I'D" on its major roadways within the Portland Metropolitan Urban Grovith Boundary during peak periods of operation. At Level ISD", there generally is at least 10% more capacity for traffic. Upon the subject property being developed as general commercial, the resulting Level of Service C will provide a remaining traffic capacity of 20% or better. (3) Testimony of the traffic engineers for the applicant and the City identified that traffic generation caused by the subject site being devel-oped �. s as general commercial would provide daily trip SO FINDINGS CONCLUSIONS AND ORDER gen.ration substantially equivalent ► .th tho traffic generation associated with the subject site being aeveloped as residential under current allowable densities. Including the subject site Traffic generation as commercial and area properties under their current zoning, the Durham Road network adjacent to and near the subject property would have remaining capacity to allow a trip generation for appro:cimately 900 residential units assuming the existing gra:sic pattern split of 50-50 percent trip,- running east and nest. (G) Although there was conflicting testimony from some residential neighbors to the subject property, all traffic engineers, including those or the Oregon State Highway Division, City of Tiga.:c; , and the independent traffic consultant for the nearby Willowbrook Business Park , concurred in supporting the Traffic Analysis report and its conclusions. Tile Oregon State Highway Division District 2A rlaintenance Supervisor specifically identified that the Traffic Analysis and recommended improvement therein were feasible from an operations and safety standpoint. a. The site shall have direct access from a major collector or arterial street. The subject property abuts Highway 991•►, the largest major traffic way in the City of Tigard , and Durham Road , a major collector. The Traffic Analysis report identifies two access points on Highway 99W and two access points on Durham Road. C. Public transportation shall be available to the site or general area. Tri-Met bus service to the area includes Route NO. running along Highway 99VJ and a loop through King City initiated at Durham Road and Highway 99W. There are regularly scheduled bus stops at , this intersection. Tri-flet also operates Route No. 43 along Durham Road with regularly scheduled stops to the east of the site. 3. Site Characteristics a. The site shall be a size which can accommodate present and projected uses. (1 ) The proposed general commercial designation and related site development plans will utilize the entire site. The applicant's property is relatively level and consists of ten tax 'lots totalling approximately 22 acres in size. The property 11 - FINDINGS, CONCLUSIONS AND ORDER has frontage along Highway 99W for approximately 1 ,100 .^ feet ..and Durham Road for approximately 94,0 feet . 'file proper.ty has an approximate depth along Highway 991: of 725 to 1,220 feet and along Durham :toad of approximately 880 to 1 ,050. There are no physical characteristics of the site that mould prevent development as general commercial . (2) The proposed site development plan by the applicant illustrates that the. - site can easily accommodate a substantial commercial shopping center, including major commercial uses contemplated Jn the Comprehensive Plan at II-82 , and utilize less than 35`b of the site coverage. The projected uses include 1771600 square feet of general commercial uses , approximately 870 parking stalls, and the provision for landscaping and buffering of at least 1 :110 of the site. Both the physical characteristics of the site and the proposed development plan illustrate that the site can accommodate projected general commercial uses . b. The site shall have high visibility The subject site is located with approximately 1 , 100 feet of frontage along the largest traffic way in the Cit; of Tigard, i .e. , Highway 99W. the property also has approximately 940 feet of frontage along the major collector of Durham Road. The site is generally level with the roadway and highly visible to all traffic along these major traffic ways. Existing traffic volumes along Highway 99:1 at or near Durham Road include 835 trips at P. M. peal: northbound and 1 ,050 southbound at P. M. peak ; and along Durham Roar] at or near Highway 99W include 538 trips at P. M. peak westbound and 439 trips at P. t•1. peak eastbound. These traffic volumes indicate sufficient exposure to satisfy the high visibility requirement in the locational criteria. 4. Impact Assessment a. The scale of the project shall be compatible with the surrounding uses. (1) The subject property is adjacent to to o large shopping center comple;:es. To the immediate northwest, the King City business center is located and consists of a combined acreage equivalent to that of the subject property. The focus of the King City business center is "King City Plaza" , which includes a large multi-use structured housing, general retail uses and a Kienow's grocery store. The other retail services and four banks are located in adjacent buildings. The general scale of the !;_ing City Plaza i2 - FINDINGS , CONCLUSI0NS AND ORDER +...t•< a ..max.-nom. .: . ..'. — -.. .: $ and related businesses is compatible with the subject property proposal for general commercial . The proposed development plan for the subject property is, in fact, less imposing and intensive than the King City business center. A general commecial use entitled "Willowbrook Business Park" is located directly to the north of the subject site. This development consists of six buildings arrayed in an office-retail complex setting. Existing uses of these buildings include restaurant, offices, general retail and convenience shopping services. The site is approximately one-third to one-half the size of the subject property, and fully utilized with commercial improvements and does not provide any significant buffering from surrounding uses. The subject property and box-h of these large shopping centers share another common development scale factor. All three properties are located and orient their development scale to the intersection of Highway 5 999 and Durham Road. The high volume of traffic and controlled access points necessitate that the scale of general commercial development in this area must not be = ` "strip commercial", but large acreage developments with on-site parking and internal traffic circulation z designs. (2) Other nearby uses are comparable in scale with the proposed uses on the subject site. To the immediate south of the site is a mobile home park/subdivision entitled "Royal Mobile Villas" which consists of Tax Lots 100, 200 and 2600. Total acreage in this planned mobile home development is approximately 40 acres. The Highway 99W access focus, site utilization and overall project scale are compatible with the proposed general commercial on the subject site. To the immediate west of the subject property is a central business district that is about half developed. Total acreage in this central business district is approximately 28 acres, and thereby, larger than the subject property. At the southwest corner of Highway 99th and Durham Road is a large vacant parcel of approximately 12 acres. Although smaller, this combined undeveloped parcel would provide a development site comparable in scale to that proposed nor the subject property. This is particularly true since the development of this site would probably be designed to integrate with and be a logical extension o: the l4 ;r adjacent King City business center. 13 FINDINGS, CONCLUSIONS AND ORDER :.y Farther south along Highway 99W, but adjacent to the subject property, is an office complex entiiled "Tualatin Valley Professional Center. " text to this planned commercial complex is "King City Convalescent Center", "Cedar Park Manor" (a mobile home park ) , and "D & M Plarl:et", (a neighborhood convenience market ) . Although partially undeveloped or developed with uses having single lots and accesses, the proposed development of the subject site is compatible with the combined scale of this western central business district. (3) To the northeast of the subject site is a large medium-high density residential development entitled "Summerfield." This site is approximately 30 acres in size and is developed generally at a scale of intensity and site design compatible with the proposed general commercial development for the subject site. The remaining surrounding property is generally undeveloped or partially vacant large: residential parcels. To the immediate east, there is a large medium to high density residential zone comprising approximately 30 acres. Ultimate development of this district would or should involve a large scale residential planned development with building sizes and site utilization plans of a scale compatible with the subject site. A similar existing development size, usage and density, is the "Summerfield" planned development located immediately a north of this district. The "Summerfield" medium-high ° density residential community clearly establishes the scale for development of the vacant residentially zoned property just east of the subject site. To the southeast of the subject site is a low density residential area consisting of large vacant or generally oversized residential parcels. This entire area is geographically isolated from the more intensive uses aligning both Highway 99W and Durham Road. Access to the area is toward the end of 113th Street. This area generally slopes southward toward the Tualatin River, is not associated Stith the commercial developments to the northwest and is more or less river oriented. b. The site configuration and characteristics shall be such that the privacy of adjacent non-commercial uses can be maintained. (1 ) The eastern border of the site abuts 113th ~Street. Further to the east of 113th Street is an undeveloped medium-high density residential district of approximately 30 acres. The major entrances to the 14 rIUDINGS, CONCLUSIONS AND ORDER subject property are along Highway 99W and Durham Road. The proposed site development plan illustrates that the site can provide an adequate depth for a landscape buffer along the west side of 113th Street. (2) The adjacent non-commercial uses to the south could also be protected by a substantial buffer strip. The southern portions of the subject property are covered with a mixture of nearly mature Douglas Fir and deciduous trees. A ravene also .generally follows the southeastern border of the subject property. The subject property has sufficient depth to allow an adequate buffer strip along the southern and southeastern boundaries of the site to insure the privacy of the adjoining uses. (3) The adjacent lands to the southeast and east are essentially undeveloped. Development of these properties should also entail a subdivision or planned development approval . Development proposals for these neighboring properties would be subject to their own buffering requirements under the City's Comprehensive Plan and Community Development Cove provisions. In essence, the non-commercial uses will ultimately have two buffer strips between them and the proposed commercial uses on the subject site. C. It should be possible to incorporate the unique site features into the site design and development plan. The site is generally level along the intersection of Highway 99W and Durham Road and gently slopes southeast from that point. The treed steep proportions of the site are along the southern and southeastern boundaries of the site. As illustrated by the proposed site design plan, a development of the site could incorporate these site features. The commercial complex can be located in an "L- shaped" configuration to block parking lot activity, noise and lighting from neighboring properties generally to the south and east. In addition, large buffer areas can be provided along the steeper southern and eastern boundaries of the site. The major traffic flow can be directed onto _ Highway 99W and Durham Road at the Summerfield Intersection, and away from the non-commercial uses to the south and east. d. The associated lights, noise and activities shall not interfere with adjoining non-residential uses. (1 ) The non-residential uses to the west and northwest are separated by Highway 99W, a 9-lane state highway with additional lanes for turning movements at the Durham Road intersection. The properties to the 15 = 'FINDINGS, CONCLUSIONS AND ORDER s� north of the subject site are separated by Durham Road , a major collector and the main entrance to Summerfield and Willowbrook Business Park. The properties are also separated by street lighting and traffic signalization. (2) The proposed uses for the subject property are the same or similar commercial uses found at these adjoining non-residential properties to the north and west. The associated lights , noise and activities will be in conformity with these adjoining properties. In addition, the subject property is of sufficient size and topography to provide an adequate landscape buffer area along the length of Highway 99W and Durham road to further diminish any potential adverse impacts on these adjoining uses. B. Compliance with Other Comprehensive Plan Policies 1. Section 2 - Citizen Involvement a. Policy 2.1 .1 - The City shall maintain an ongoing citizen involvement program and shall assure that citizens will be provided an opportunity to be involved in all phases of the planning process. (1) Public hearings were scheduled for the comprehensive plan amendment and zone change application, and notices of the hearings were duly published in accordance with the requirements o: the ordinance. Public testimony was allowed at both the Planning Commission and City Council hearings. The Planning Commission public hearing was held on October 7, 1986, and the City Council public hearings were held on November 3 and November 17, 1986. (2) The City informed, in a timely manner, the appropriate Neighborhood Planning Organization MPO No. 61 and other citizen groups on the proposed request. Testimony was given at each of the public hearings by the NPO representative. 2. Section 3 - Natural Features and Open Space a. Policy 3.1.1 - The City shall not allow development in areas having the following development limitations except where it can be shown that establishes: and proven engineering techniques related to a specific site plan will make the area suitable for the proposed development: areas having a high seasonable water table within 0-24 inches of the surface for three or more weeks of the year; areas having a severe soil erosion potential ; areas subject to slumping, earth slides or movement; areas having slopes in excess of 25%; or areas having severe weak 16 - FINDINGS, CONCLUSIONS AND ORDER �t T �^ foundation soils. The subject site is at a relatively high elevation compared to the adjacent Tualatin River drainage basin which slopes southeast from the site. The site also is not subject to severe soil erosion potential , slumping , earth j slides or movement, severe weak foundation soils; nor does it have slopes in excess of 25% as illustrated by the proposed development plan and Comprehensive Plan volume I at 29 and 33. b. Policy Section 3.2 - Floodplains and Wetlands The subject site is not within the 100 year floodplain as designated by Washington County and the City h of Tigard Comprehensive Plan. The City does designate a small portion of the eastern boundary of the property as being within a drainage way. The subject site is of adequate size to enable a development of the site to include an adequate buffer strip to incorporate most of this drainage way area. Any adverse impacts in the development would have to comply with Policy 3.2.2 identified in the Comprehensive Plan at II-14. The topographical layout of the site and the proposed location of improvements illustrate that the site can be developed while adequately protecting this drainage way area in accordance with the ordinance requirements. There are no existing hazards or physical limitations on the site that would preclude its ultimate development. C. Policy Sections 3.3 - Natural Resources, 3.4 - Natural Areas , and 3.5 - Parks, Recreation and Open Space 'mere are no rock mineral resources available at the site as illustrated in Comprehensive Plan Volume I at 29. Similarly the subject site is not part of a significant wetland or potential location for parks, recreation and open space. There is some Douglas Fir and deciduous trees located on the site. As illustrated by the proposed development plan, ultimate development of the site as general commercial could provide a significant buffer along the southern and southeastern boundaries of the subject property where a substantial portion of these trees is currently location. See, Comprehensive Plan Volume I at 39 and proposed site development plan attached to application. 3. Section 4 - Air, Water and Land Resources Quality a. All waste and process discharges from future development should be addressed during the site development review process. The policies regarding air, water and land resource quality are principally based upon application of 17 FINDINGS, CONCLUSIONS AND ORDER quality standards imposed by the DEQ and other appropriate agencies. Development of the site will be subject to and must comply with the standards. b. Storm drainage and waste treatment facilities , adequately sized to serve the development of the site, abut the property and will be provided through City systems. Storm and sanitary sewer mains are in Durham Road along the northern frontage of the subject site. C. Implementation strategy for Policy 4.1 .1 on air quality identifies that the City shall aim to reduce the quantity of vehicle emissions by pursuing an energy efficient urban forum which reduces the number of vehicle miles travelled , and by encouraging the use of alternate modes of transportation, especially mass transit and pedestrian. The location of the subject site provides general commercial uses in the south end of the City %:here substantial medium-high density residential developments are located and the only high density residential designations exist. These multifamily densities will be within one mile of the proposed commercial center and thereby reduce vehicle miles travel . The location of the proposed commercial center immediately adjacent to Summerfield planned development and the proposed changes to the Durham Road- Summerfield' intersection will provide pedestrian access between the commercial center and concentrations of 3 residential densities. The proposed commercial site is also located at Tri--Met bus routes and delivery points. The Traffic Analysis Report identified that Metropolitan Service District projects that four to six percent of all home based trips would be made by transit in the Durham Road - Highway 99W traffic ways abutting the subject site. The location of this general commercial development adjacent to major bus routes and scheduled stops could create a reduction in daily trips of 289 to 433 to and from the site. 4. Section 5 - Economy a. Policy 5.1.1 - The City shall promote activities aimed at the diversification of the economic opportunities to Tigard residents with particular emphasis placed on the growth of the local job market. At II-29 the Comprehensive Plan sets forth the following finding regarding the make up of employment opportunities: "Manufacturing, wholesale and retail activities provide the majority of the employment opportunities to area residents-" The development of the subject property as general commercial will provide substantial part time construction employment and 18 - FINDINGS, CONCLUSIONS AND ORDER substantial permanent retail related employment. Testimony identified that the development's general construction and specific user alterations are expected to involve construction employment in excess of 100 people. After completion, the development is expected to provide permanent employment on both the full time and part time basis of approximately 250 people. Testimony also identified that by the very nature of this community commercial construction and services operation, it is expected that a majority of the employees, general contractors and subcontractors will come from this sector of the metropolitan -area. Development of the site will cost between 10 and 15 million dollars, with a substantial portion remaining in the Tigard market areas. b. Policy 5.1.3 - The City shall improve and enhance the portions of the central business district as the focal point for commercial , high density residential , business, civic, and professional activity creating a diversified and economically viable core area. Testimony by the traffic engineer identified that the large scale proposed general commercial use and convenience services could not be accommodated in the Central Business District due to inadequacy of the downtown traffic network. The vacant buildable land inventory identified in Comprehensive Plan I-143 shows that there are only 5.44 acres of vacant buildable land in the Central Business District. In addition, there are 11 .84 acres located elsewhere in the CBD (PD) District. Testimony by the applicant included a floodplain and wetlands map of the Central Business District illustrating that the identified vacant buildable lands are substantially restricted by surrounding floodplain and wetlands designations. Testimony identified that the site would be developed as a 177,600 square foot shopping center for large volume convenience shopping services including a super grocery store and a super drugstore. Testimony of the traffic engineer identified that such traffic generating convenience services rely upon "drop in" shopping activity that is inconsistent with the location and the traffic network for the Central Business District. Ordinance 18.62.030(2)(f) and (1 ) identifies that the general commercial zone (C-G) provides as permitted uses convenience sales and general retail sales. The proposed location along Highway 99W in the south end of Tigard corresponds to the locational criteria for general commercial by providing for major retail goods and services, large space users, combination of retail, and provision that the uses be adjacent to an arterial or major collector street. r 19 - FINDINGS, CONCLUSIONS AND ORDER C. Policy 5.1 .4 - The City shall insure that new commercial and industrial development shall not encroach into residential areas that have not been designated for commercial or industrial uses. The subject property is part of a mixed use area that combines general commercial in large block, developments with medium to high density large block residential development. The lands proposed for general commercial development have not been committed physically to residential development and could not be -developed at medium to high residential densities without annexation and extension of public facilities and services to the site. The surrounding uses commit the area to general commercial development. The site is located on the southeast corner of the intersection of Highway 99W and Durham Road . All three other corners are either planned for or physically committed to general commercial uses. In relation to those corner general commercial developments there are abutting medium to nigh density residential tracts created to provide a transition to further removed lower density residential tracts. The designation of this property will continue and support the existing development pattern and planning principles in this area. The proposed plan and zone changes would also, thereby, satisfy the economic finding at iI-30 of the Comprehensive Plan: "Residential development in commercial districts complements commercial uses , helps to minimize crime within the commercial districts , provides housing for senior citizens which is in close proximity to shopping areas, and minimizes vehicular traffic which would reduce pollution and conserve energy." Testimony identified that the proposed site is adjacent to the King City retirement housing project and the Summerfield planned development which is predominantly senior citizen occupied. The subject site is surrounded on two sides by general commercial and central business district zoning and a small open space restricted area located north of Durham Road at the northeast corner of the subject property. d. Testimony was submitted identifying that the proposed plan and zone amendments would aid the City in carrying out its implementation strategies, particularly strategy No. 10 at II-31 of the Comprehensive Plan. The proposal would "aid in the creation and maintenance of new and continuous employment opportunities to afford City residents the choice of working within the City. " The City is also directed to implement an economic development program that also "strive to improve, diversify and stabilize the economic base of the community thus reducing the tax burden of the residential property owner." Testimony identified that the provision of 177,600 square feet of retail activity would provide a substantial employment base in the category that the City has designated 20 - FINDINGS, CONCLUSIONS AND ORDER as "the majority of the employment opportunities to area residents" and would provide a substantial economic base of 10 to 15 million dollars reducing the tax burden on local residents. In addition, testimony identified that the proposed plan and zone amendments would aid in effective utilization of land, energy and human resources by providing an appropriate buffer between the busiest major traffic arterial in the City and residential zones, providing an appropriate commercial use that is not adversely affected by traffic noise and lighting along Highway. . 99W, and also insuring that service levels in the traffic corridor would not be adversely impacted. The proposed plan amendment and zone change carries out the findingthat there should be a provision for timely development of all public facilities and services and their delivery systems. The subject property is immediately adjacent to existing city public facilities and services already being provided to intensive general comercial uses. The subject property is located within the urban growth boundaries of the City of Tigard, Washington County and PTSD. All jurisdictions designate the property for intensive urban development. . Intensive urban uses already exist and surround the site on three sides. Immediate annexation, redesignation of the property as general commercial and provision of public facilities and services for the City of Tigard is consistent with the City's economic policies and would be a provision for timely development. 5, Section 6 .- Housing a. Policy 6.1.1 - The City shall provide an opportunity for a diversity of housing densities and residential types at various price and rent levels. (1 ) The proposed plan and zone amendments would eliminate 398 units from the City's vacant _ buildable lands inventory. The site is a mixture of densities ranging from low to high density residential and consisting of 618 residential units. Since the site would also be eliminated from the City's buildable lands inventory, 10 units per acre can be subtracted yielding a net loss of 398 units of housing potential . (2) After the City adopted the Comprehensive Plan and obtained compliance acknowledgment, the City has approved residential zone increases in density. Comprehensive Plan Amendment 20-84, Zone Change 13-84, Comprehensive Plan Amendment 6-85 and Zone Change 7-85 resulted in a surplus of 42 units. For the City to allow the subject site to be changed to general commercial and bring the City into compliance with the 21 - FINDINGS, CONCLUSIONS AND ORDER t 4 x pe buildable acre, standarthe d of 10 units p density housing City would rovide 356 units increased elsewhere ineed to pn the City- f (3) Testimony identified the feasibility There to provide for increases in density additional the City that would exceed applicant before in the City Testimony by the app Council identiarea residential units. Durham Road the Planning Commission and the City density increases in the rovide for an t that zoningo the property could Supplemental area adjacent Oso units more. Supplement the Durham Road t additional sites rovide an increase analysis identified to 2,206 ortation network that could 790 units transp densities from 1 ' lemental areas in residential buildable lands units. The identification f vacantsupp on the basis of restrictions was made development and zoning available for es and locational criteria related related to zone chang The City staff' s independent other potential to increased densitiorreSponding and within the City report identified residential unit areas for increased that potentialnsity al l 275 units; and determined increases were available that WOthe Pian amendments and and the process for completing s related to these residential increases zone changefeted within three to six months. could be comp _ Transitioning and Policy 6.3.1-3 and 6.6.1 b• buffer planning techniques. plan and zone amendments (1) The proposed screening and transitional enhance buffering, Currently, the subject would for the area. transportation effectiveness the busiest adjacent to two property is located along he site is also lexes. Th corridor in the City- of these highly intensive general commercial business com Identified that the combination Testimony uses to the location results in the subject surrounding inundated with high volumes further property being and vibration• Testimony not be light, movement subject property should to that the forced Identified and designated for residential commercial urbanization be absorb "all these adverse commercial the property sh • w traffic impacts- rovide a transitional buffer designated commercial to P ht gene noises and the between the traffic and lig 9 residential uses and zones to the southeast• that development °i I dentified a (2) Testimonwould provide the location of u# the subject property solid screen large single structure to functia�e s a The combination for the southeastern residential 22 FINDINGS, CONCLUSIONS AND ORDER q :.N ' of these planning techniques would provide a buffer between the noise generation on Highway 99%-J/King City/Willowbrook Business Park and the lower density residential designations to the southeast along the Tualatin River. Testimony also identified that the 22 acre site is of sufficient depth to act as a buffer to screen out both noise and sound from the neighborhood to the east. with the establishment of general commercial at the subject site, there would be a residential transition zone of medium density to the east and southeast transitioning to lower density to the further southeast and east. To the immediate south of the site there is an already existing medium density residential zone and development which would provide a consistent transitioning series of zones from the high intensity activity at the intersection of Highway 99W and Durham Road. 6. Section 7 - Public Facilities and Services a. Policy 7.2.1 requires as a pre-condition to development that a site development study be submitted insuring protection of natural drainage ways, compliance with floodplain requirements and adequately addressing drainage and erosion control characteristics. Policy 7.2.1 would be addressed at the site development review phase of development. The Applicant has submitted a proposed site development plan which identifies the topography of the site and natural drainage ways. Testimony identified that none of the subject site is within the 100-year floodplain and that the natural drainage way is located at the southeastern portion of the site and can be maintained in a buffer area as designated on the proposed site development plan. The site is moderately sloping to the south. Testimony identified that the steep proportions of the property along the southeast which might affect erosion would be located within a buffer area and not utilized for development improvements. Testimony and the proposed site development plan identified that it is feasible for the proposed change to general commercial to be adequately located and developed on the site in accordance with Policy 7.2.1 . b. Public facilities adequate to serve the property as general commercial are located adjacent to the property and include two 12 inch water lines, one in Durham Road and one in Highway 99W; and sanitary sewer and storm sewers located in Durham Road. Police protection is provided through the City of Tigard and fire protection through Tualatin Rural Fire District and all private utilities such as natural gas, electric and telephone are already adjacent to the site to the immediate north and west. Extension of these services to the subject property 23 - FINDINGS, CONCLUSIONS AND ORDER ,r are consistent with comprehensive plan policies and mould result in a timely, orderly and efficient arrangement of public facilities and services. C. The provision of general commercial at the site will not adversely impact schools , but will aid in providing the necessary economic base to the City to help alleviate the residents' burden for school budgeting. The proposed development of the site would be valued between 10 and 15 million dollars. Testimony also identified that the proposed change would be consistent with other related urban services such as local government facilities , library services and solid waste disposal and recycling. 7. Section 8 - Transportation a. Policy 8.1 .1 - The City shall plan for a safe and efficient street and roadway system that meets current needs and anticipated future growth and development. The proposed plan and zoning amendments are consistent w; th the City's policies for transportation. See , the information pertaining to traffic identified in Section III , B, 2 above. A Traffic Analysis report and testimony of the traffic engineer identified traffic impacts generated by a redesignation of the subject property as general commercial. The Traffic Analysis report was supported by the traffic engineers from the Oregon Department of Transportation, the City of Tigard , and a competing commercial property owner to the north of the subject site. Testimony identified that the proposed plan and zoning amendments mould not significantly change the existing Level of Service for roadway networks and intersection:; in the area. Under scenario No. 2 of the Traffic Analysis, Highway 99W and Durham Road would remain at "A" during A. M. peak hours and at "C" at P. M. peak hours. The intersection of Durham and Summerfield Roads would remain at Level of Service "A" at both A. M. and P. ti. peak hours. The applicant's proposed development plan would involve improvements, including signalization, to the intersection of Durham Road and Summerfield Street. The City's comprehensive plan identifies at I-244 that several accidents have occurred at the intersection of Summerfield Road and Durham Road in the span of just one year. Testimony identified that since the adoption of the plan many more accidents have occurred at this intersection. Testimony further supported the position that the installation of signalization at this intersection Mould significantly aid in eliminating traffic accidents. Such installation of signalization could only occur, from a practical sense, by the commercial development of the 24 - FINDINGS, CONCLUSIONS AND ORDER subject property with the creation of a main entrance directly south of the intersection of Durham Roar; and Summerfield Street. Testimony indicated that retaining the subject property as residential density could result in separate parcels of the site being developed independently, and thereby., precluding the City's ability to insure that a central entrance at Summerfield and Durham Road be provided for the entire subject property. The subject site abuts two publicly dedicated streets that have been constructed in accordance with or satisfied City' s standards. The applicant agrees to commit to the construction of such street improvements, curves , and sidewalks as required by City standards for the development. The applicant also agrees to provide intersection improvements and signalization as may be required during the site development review process for the Durham Road - Summerfield intersection. Testimony also identified that the site and the proposed uses are compatible and ::ill enhance mass transit consideration as identified in the City's Comprehensive Plan under Section B. b. The City's Comprehensive Plan at I-234 and 235 identified that the City has the transportation policies that "the City shall encourage the assumption of jurisdiction from Washington County off Durham Road between 1 Hall Boulevard and Pacific Highway (Highway 99VJ)" and "Durham Road shall be improved to 2 moving lanes of traffic with the provision for left turn movements." Testimony identified that the accomplishment of these traffic policies can occur with the annexation of the subject property and redesignation to general commercial . These functions would provide the City with an opportunity to assume jurisdiction over Durham Road near Highway 99VI and receive dedication of adjoining right-of-way during the site development reviet•1 process for needed intersection and roadway improvements without cost to the City. C. The proposed plan and zone amendments are consistent with transportation policies concerning mass transit. Testimony was given that showed the subject property as served by Tri-Met bus routes and scheduled stops. Approximately 84% of the neighboring residential units are within five blocks of bus transportation and sops as identified in Comprehensive Plan I at 253 and an exhibit on census tract 308 characteristics. The Traffic Analysts also identifies that MSD projects that four to six percent of all home based person trips for purposes unrelated to work will be made by transit, including trips to the proposed commercial shopping area. The subject site will provide for major department, drug and grocery stores at this central location. The site is also adjoined by large tracts of existing and planned for medium to high density 25 - FINDINGS, CONCLUSIONS AND ORDER residential development. Testimony was given that is {� reasonable to assume that the development and usage of the subject site will encourage pedestrian and bus ridership by neighboring households. The resulting alteration in traffic pattern should help to reduce traffic on Highway 9911 and collector streets at intersections north of this Durham- Highway 99W neighborhood. 8. Section 9 - Energy a. Policy 9.1.1 - The City shall encourage a reduction in energy consumption by increased opportunities for energy conservation and the production of energy from alternative sources. The land and uses developed on the land shall be managed to control so as to maximize the conservation of all forms of energy, based upon sound economic City I principles.City Development Code provisions for energy conservation shall apply to the redesignation of the property as general commercial. In particular, the proposed site development ' plan illustrates that general commercial uses at the subject site would aid in the conservation of energy through the enhancement of more efficient transportation modes and land use patterns, reduction of travel distances bets-.een residential and commercial areas, generally increasing densities of land uses at the site, and enhancing the prospect for muss transit ridership. Evidence su orte that these functions of the development pro or d finding for ever poral support the energy conservation under the City's Comprehensive Plan, Volume II at 62. Development of the site as general commercial would require compliance with these plan policies during site development review. 9. Section 10 - Urbanization a. A portion of the site, Tax Lot 100, previously within the City boundaries was prior to this application. Testimony established that the entire site is within the City,s and the MSD's urban growth boundary. b. The remainder of the subject site has been approved for annexation by the City and is now pending final approval before the Portland Metropolitan Area Boundary Commission. Annexation of the entire subject site is contemplated by provisions of the City•s Comprehensive Plan. Extension of services shall be within the City's boundaries. 10. Section 11 - Special Areas of Concern a• The location of the subject property is not within one of the areas of special concern listed in Section f 11 of the Comprehensive Plan at II-71 to 76. The site is 26 - FINDINGS, CONCLUSIONS AND ORDER R�' located in NPO No. 6. In Comprehensive Plan Volume I at page 234 there are listed some development issues for NPO No. 6 that pertain to the site. The City shall encourage the assumption of jurisdiction from Washington County of Durham Road between Hall Boulevard and Pacific Highway (Highway 99W) ; and Durham Road shall be improved to two moving lanes of traffic with the provision for left turn movements. Testimony established that the annexation and redesignation of the subject property as general commercial are consistent with these policies or. - issues and will enhance the City' s ability to assume - 'jurisdiction over Durham Road and insure improvements to that roadway in the area of its intersection with Highway 99w. C. Compliance with Statewige Planning Goals 1 . Goal No. 1 - Citizen Involvement The proposed Comprehensive Plan and zone change amendments have required a series of public hearings before the Planning Commission and the City Council in accordance with the City's Development Code Section 18.32.090(c ) and (d ) . Planning Commission public hearing and public testimony were geld on October 7, 1986. City Council public hearing and public testimony were held on November 3 and 17 of 1986. The established neighborhood association (NPO No. 6) recognized for the subject site area participated in the hearings and gave public testimony. The public hearing process ensured that the citizens of the City were provided an opportunity to be involved in all phases of the planning process for these amendment and zone changes. The City of Tigard has received compliance acknowledgment from LCDC as to these planning and ordinance provision;, thereby establishing that this review process was consistent Ath the Statewide Planning Goal No. 1 . 2. Goal No. 2 - Land Use Planning Goal No. 2 states that each plan and related implementation measure shall be coordinated with the plans of affected governmental units. Prior to the application for annexation, a ma-jority of the site was within the jurisdiction of Washington County. Washington County had not adopted a Comprehensive Plan mapping designation for the site even though it was within the County's urban growth area. Washington County had elected to place primary planning responsibility for gro:•ith in this area to the City of Tigard. All affected governmental units were provided with notice of the public hearings. An adequate factual basis for decision has been presented and related facts pertaining to the various goal considerations. The proposed changes, as identified herein, are compatible with the policies and goals of the Comprehensive Plan of the City of Tigard. 27 - FINDINGS, CONCLUSIONS AND ORDER ' 3. Goal No. 3 - Agricultural Lands The subject property is not and has not been designated as agricultural lands either undrcWashitgtonuse oCounty or City of Tigard planning and zoning. e the property is residential. The subject site and the entire surrounding area are within the Portland metropolitan urban ed LCDC. There is no conf lictDbetween the eproposedaplanwand gzone ychanges with Goal 1,10. 3. 4. Goal No.. 4 - Forest Lands The subject site is not and has not been designated as forest lands by either Washirgton County or the City of Tigard. As stated in subsection 3 above, the land is tted to no conflictebetweennthe proposed is iamendment rand zone chaban uses. T nge and s andGoal No. 4. 5. Goal No. 5 - Open Spaces, Scenic and Historic Areas, and Natural Resources There was no portion of the subject property that is within a designated open space, scenic, historic or natural resources area. The City' s Comprehensive Plan and Volume iI of the Washington Comprehensive Plan Urban Area (June 1932 ) identifies that . the site is not within forest lands nor the 100 loodplain� year f ,. The entire site is designated as "growth allocation" for a subsequent determination by the City of Tigard. The Comprehensive Plan mapping for the City of Tigard designates the property entirely for urban uses. 71here is a designation of the stream corridor approximately located at the southeast corner of t:he site. However, any development of the site and alteration to the seasonal stream corridor would require a hearings process for a "Sensitive Lands Permit". These planning designations and regulations have already received compliance acknowledgment from LCDC. Therefore, the proposed amendments and zone change are in conformance with Goal No. 5 . 6. Goal No. 6 - Air, 'later and Land Resources Quality The proposed planning and zoning amendments are in conformance with Goal No. 6. All waste and process discharges from future development shall not threaten to violate, or v .olate applicable state or federal environmental quality statutes, rules and; standards. Upon annexation, the site shall be served by a sewerage processing system through the City of Tigard. Correspondingly, storm drainage and waste treatment rail' also be provided through City systems. A change to general commercial C this site will also involve the same requirements related to in sources of air pollution for a site located %-lithin the 23 - FINDINGS, CONCLUSIONS AND ORDER Portland urban area. 7. Goal No. 7 - Areas Subject to Natural Disasters and Hazards There are no areas within the subject site that are subject to natural disasters and hazards as defined under Goal No. 7. a. Goal No. 8 - Recreational Needs _ . There will be no change in the requirements for recreational need by the proposed amendment and zone change. The site is not designated under the City's Comprehensive Plan for recreational needs, therefore, the application is consistent with Goal No. 8. 9. Goal No. 9 - Economy of the State a. The proposed amendment and zone change will substantially aid the City satisfying the Statewide Planning Goal requirements for diversity and improvement of the economy of the state. The City identified in its Comprehensive Plan Resource Document (Vol . 1 ) at I-144 that it contemplated "commercial shopping development will occur along Pacific Highway on land zoned commercial which is closer in proximity to residential development than the highway oriented sites." Since its adoption in 1983, this has clearly proven to be the case. Substantial in-fill of commercial development has occurred along Highway 99111 necessitating additional lands to be designated for commercial. The subject site at the intersection of Durham Road and Highway 9911 abuts the leading edge of residential growth areas for the City. This is particularly the case for medium to high density residential as the site is located near the Summerfield planned development and a 30 acre site designated for medium-high density residential to the east. b. Comprehensive Plan Volume I also provides that "ultimately, individual development decisions will be made on the basis of site availability, adequacy of the site for a particular purpose in terms of size and shape, municipal development standards governing the land, topographical features, availability and capacity of utilities, as well as access to highway and proximity to uses of a similar nature." In addition to this provision, the City has provided locational criteria in the plan. Both the general policy and the locational criteria are satisfied for this site. There is a substantial absence of vacant general commercial lands of 20 acres or greater in size within the City planning area. This is also reflected by the Comprehensive Plan's statement that "the supply of 29 - FINDINGS, CONCLUSIONS AND ORDER developed commercial space is lots, but it is e::pected that the supply will catch up with needs before long." she addition of this 22 acre site will substantially aid the City in meeting its own economic needs, as well as, aid the state in providing a broader and more diversified economic base. The City of Tigard needs to designate this 22 acres as general commercial to provide for a more complete variety and selection of commercial uses and services, particulary convenience shopping and the super market area, for this market area of the City. C. Development of the site as general commercial , as illustrated by the proposed site development plan, would cover 22 acres and provide commercial building square footage of 177,600 square feet. These specifications correspond w' tli the large parcel site oriented commercial developments already established to the west and north of the subject property. In addition, testimony submitted at the hearing identified that commercial uses contemplated for the subject site would be providing a wide variety of goods and services to a market having a population well in ecess of 30,000. The proposed uses include a major regional grocery facility, a department store and other general retail services. There are no department stores within the surrounding general commercial and central business districts. The nearest department store is approximately three and one-half miles north on Highway 99W. There are a variety of commercial uses in a local economy which assume and incorporate a level of direct competition. These commercial services sometimes provide different levels of service for the same products or a different style of product. Each level and style comprises a portion of the total market share. Testimony identified that in the the south Tigard area, there is only one existing general grocery store, i.e. , KienolJ"s located in King City Plaza. Approximately a mile to the north in Canterbury Square is a Thriftway grocery store. Tile only other general grocery stores are located approximately three miles to the north in downtown Tigard. No super grocery stores are in the vicinity or within a three mile area. Evidence was submitted identifying that it is tel'_ established that grocery shopping needs of any given community involve competition between a number of different general grocery stores. For a population market in excess of 301000 people identified in the U. S. Census, there is a substantial absence of general grocery sevices for the market in this area. Evidence was also submitted that there is only one grocery store for all of Census Tract 303 _ surrounding the subject property. The subject site is also suitable for a large j drugstore facility. Testimony identified that a super drugstore operator was available for the site development. 30 - FINDINGS, CONCLUSIONS AND ORDER Testimony also identified that there is an absence of large drugstore facilities in the southern portions of the City of Tigard. The nearest large drugstore facility or super drugstore is located approximately three miles to the north in downtown Tigard at the north end of Blain Street. d. The development of the site as general commercial , as illustrated by the site development plan, would provide substantial temporary construction employment for the site. The development's general construction and speci�ic user alterations are expected to involve employment in excess of 100 people. After completion, the development is expected to provide permanent employment on both a full time and part time basis of approximately 150 people. By the very nature of this community commercial construction and services operation, it is expected that a majority of the employees, general contractors and subcontrators will come from this sector of the metropolitan area. e. The site is well within the Portland Metropolitan Urban Growth Boundary acknowledged by LCDC and falls within the Pacific Highway corridor contemplated by both Vlashington County and the City of Tigard as appropriate for large block general commercial development locations. Thereby, the proposed amendment and zone change would be consistent with and would enhance the economy of the state under Goal No. 9. 10. Goal No. 10 - Housing The redesignation of the subject site as general commercial will eliminate 398 housing units contemplated by the City's vacant buildable lands survey. As a condition of approval to the proposed amendment and zone change, the City will seek to provide these needed housing units through residential density increases during a subsequent legislative and quasi-judicial review process. The feasibility for the City to redistribute these 398 residential units elsewhere in the City is illustrated in paragraph V, B, 5 herein. The variety of alternative areas for redesigna.-.ion through the City establish that the City has ample opportunities during the subsequent legislative and quasi- judicial process to maintain its housing standard of 10 units per Y vacant buildable acre and provide for flexibility of housing location, type and density. Therefore, the application by conditional approval incorporates the replacement of the 398 residential housing units through the extended legislative and quasi-judicial review process and thereby complies with the provisions of Goal No. 10. 11. Goal No. 11 - Public Facilities and Services i The proposed plan amendment and zoning change would be consistent with Goal No. 11. The redesignation of the 31 - FINDINGS, CONCLUSIONS AND ORDER property to General Commercial would result in a timely, orderly and efficient arrangement of public facilities and services . The site is designated for urban densities as a result of being within the Portland Metropolitan Urban Growth Boundary. Both Washington County and the City of Tigard have designated the site for intensive urban uses. Prior to its current annexation to the City of Tigard, the site could be developed unless urban services were extended through annexation. Full urban services can be extended to the site and immediately utilized upon annexation to Tigard and redesignation of the property as General Commercial . The site can be adequately served with sewer, water- and related utilities. Such public facilities and services already adjoin the site and are providing services to both the General Commercial zone to the north and the Central Business District to the northwest. The City already has responsibility for the provision of public facilities and services to Tax Lot 100 prior to the application. It is most appropriate and timely for the surrounding properties to annex and be served by the same facilities and services. Therefore, the proposed plan and zoning amendments are consistent with Goal No. 11. 12. Goal No. 12 - Transportation The proposed plan amendment and zone change are consistent with Goal No. 12 and would aid in providing and encouraging a safe, convenient and economic transportation system. As identified above in Paragraph V, G, 7, a Traffic Analysis report has been completed for the subject site and surrounding area. The development of the site as General Commercial will not significantly change the existing Level of Service for the surrounding roadway networks. Testimony established that the proposed roadway improvements as part of site development would alleviate existing traffic congestion near the site and provide additional capacity to incorporate full development of the site without exceeding Level of Service C for the intersections in the area. 13. Goal No. 13 - Energy Conservation The land and uses developed on the land shall be managed and controlled so as to maximize the conservation of all forms of energy, based upon sound economic principles. The same Tigard Community Development Code provisions for energy conservation shall apply to the redesignation of the property as General Commercial. In particular, the development proposal as identified above would aid in the conservation of energy through the enhancement of more efficient transportation modes and land use patterns, reduction of travel distances between residential and commercial areas, generally increasing densities of land uses at the site, and enhancing the prospect for mass transit ridership. These functions of the development proposal support the finding for energy conservation upon the City's Comprehensive 32 - FINDINGS, CONCLUSIONS AND ORDER :a. r AI , Plan, Volume II at 62. These provisions have obtained compliance acknowledgment from LCDC, and therefore, the proposed plan amendment and zone change are in conformance with Goal No. 13 . 14. Goal No. 14 - Urbanization The subject site is within the urban growth boundaries of Washington County, City of Tigard and PTSD°s metropolitan UGB. The urban growth boundaries of Tigard and MSD have been given compliance acknowledgment by. • LCDC. The zone change that is proposed is merely a change from one intensive urban use to another intensive urban use. The plan and zone change proposal does not require any establishment or change in the existing urban boundaries. Therefore, the proposed plan amendment and zone change are in conformance with Goal No. 14 . V_. CONCLUSIONS The record and findings support the conclusions that : A. The proposed plan amendment and zone change satisfy all the locational criteria required for a change to general commercial in that: 1 . The spacing and location are appropriate for general commercial ; _ 2. Access at the site is excellent in relation to street capacity, traffic volumes, speed limit , turning movements , i traffic generation and public transportation; 3 . Site characteristics are appropriate for general commercial in that the site is of a size which can accommodate present and projected uses, as well as, having high visibility; 4. Impact assessment of the application establ4shes that the scale of the project shall be compatible with surrounding uses, site configuration and characteristics shall be able to maintain privacy of adjacent non-commercial uses, unique site features may be incorporated into the site design and development plan, and associated lights, noise and activities shall not interfere with adjoining non-residential uses. B. There is an economic and planning need for general commercial at the subject site and the proposed change is entirely consistent with the Comprehensive Plan and all other applicable plans and policies adopted by the City. C. The proposed plan amendment and zone change satisfy all standards specified in the Development Code for approval . D. Approval of the plan amendment and zone change should be conditioned upon subsequent provision of replacement dousing {_ 33 - FINDINGS, CONCLUSIO14S AND ORDER n : ' units to enable the City to maintain its housing standard of ten units per acre, requiring a redesignation of other properties within the City for an increase in residential density of 412 units to 418 units. Therefore, it is concluded that this application should be approved, subject to the following conditions: VII. DECISION 1. The City Council of the City of Tigard grants approval of application CPA 6-86 and ZC 10-86 subject to the following conditions: A. Replacement of 398 residential housing units must be approved by the City Council through the replanning and/or rezoning or other properties within the City. The proposed plan amendment and zone change shall not become effective until such replacement housing is approved. B. The location of such replacement residential units shall not be situated as to effect a substantial adverse traffic impact upon Durham Road. C. The applicant shall be entitled to apply for and complete site development review, and all other related land development approval processes . Such site development and related review approvals shall be conditioned upon compliance with the requirements of Paragraphs A and B above. 2. Application for the planning and zoning for the above described replacement residential housing units is hereby initiated by the City Council , the planning staff is directed to provide for and carry out its responsibilities in relation to such planning and zoning process, and the time periods designated in the Community Development Code Section 18.30.030 for a legislative change is waived. 3. The planning and zoning process for the above described replacement residential housing units shall be carried out in the following manner: �s x A. The planning staff and the applicant herein shall cooperate to present to the City Council a proposed target area or areas for potential replacement housing. B. The Planning Commission shall conduct a public hearing or hearings to change planning and/or zoning within the target area or areas, and make recommendations to the . City Council as to changes and parcels of land to potentially provide for the replacement of 398 34 = FINDINGS, CONCLUSIONS AND ORDER 3:i ' . e t f ` a residential housing unit; and at such public hearing or hearings individuals may participate and request additional lands be considered by the Planning Commission. C. The City Council shall review by a regularly scheduled public hearing the recommendations of the Planning Commission for decision. APPROVAL: Gerald Edwards, Valerie Johnson and Tom Brian DENIALS: None ABSTAINED: Carolyn Eadon i ,o j . i V s# 35 — FINDINGS, CONCLUSIONS AND ORDER 4 '^' .f EXHIBIT "8' - / SEE MAP 2S i aoc V,LQ _. "7 s , SEE MAP ca �1l�ygM - t... 2S 1 IOD ""• - ` ..ew•ia�. a� 1 ttC 3001 3000 -3002 701 100 ,70 Aa. 5 04 Ar. �51 0 N4 _J v 23_?4 ,e w w � w •• 1 w • Iia 400 18 1800 / ��•A..� !"A. ! 4140, 200 2802 3 a 7! . s..�k 2800 1,0 1 Ac. i LlOAe. _(ft 4t ~ 1 {. 41741 n' i ¢23 t0 CttCMIiNT 4 s "' s7zgu 18l 78 2803 2801 1.0 ts�Ac. 1.60 Ae. e 19 ISOC l w • 300 - ♦s.c a •R mo at•c� o u 243.: at IS 2700 1 too �• } - IZI A, 2101 2703 4141410 2702= N •�"' 705. 2704 .SSAc. _ .JSAc. !164c. 7.14 Ac w O 1500 3 N 21) 437.0 .f _ 22C i':.. t0• 40 R iG ,•t. 26•O . ,. 7: SsAt �t « O CITY OF TIGARD, OREGON •i, ORDINANCE NO. 86- _ AN ORDINANCE AMENDING SECTION 2.56.010 OF THE TIGARD MUNICIPAL CODE AND DECLARING AN EMERGENCY WHEREAS, the Tigard Municipal Code currently provides that cause shall not be required for removal of the city recorder; and WHEREAS, the City Council desires notcberify and removed withoutscauset the incumbent city re ex and WHEREAS, the orderly administration of city business requires that the incumbent city recorder have her employment rights clarified and established as soon as possible, such that an emergency exists: THE CITY OF TIGARD ORDAINS AS FOLLOWS; SECTION 1 : Tigard Mwithew inlal anguagede tion underlined., is hereby amended as follows, "2.56.010 Appointment and removal. The office of recorder on 10 of the city of Tigard, as provided by Sectiintmentfbytheer III of the Charter, shall be filled by appo mayor with the consent of the council and shall be upon the -` advice of the city administrator. The recorder shall be appointed solely on the basis of qualifications and exper- ience and without regard to political considerations. Appointment and removal of the recorder by the mayor shall be upon the advice of the city administrator and require the prior consent of the majority of the full council recorded at a public meeting. Cause shall not be required for removal of the city recorder, except for that employee aervin as the incumbent cit recorder as of the effective date of this ordinance amendment. SECTION 2: Effective date. Inasmuch as the orderly administra- tion of city business requires that the employment rights of the incumbent city recorder be clarified and established as soon as possible, an emergency is hereby declared to exist, and this ordinance shall become effective upon its passage by the Council and approval by the Mayor. Ordinance No 86 r page 1 of 2 S �`' � vow�^t��fc�., ;riN .M, -r..•N:: xG- -!n..+,� i•`" c - ,.r a..+xes„a,...�a^ -> PASSED: By w+� li /�i in o u S vote if all Council members present, after being read by number and title only, this 16 day of rr�^y s, _, 1986. ,� Rec der APPROVED: This �i day of 1986. oh -$= Cook, Mayor Vii= Ordinance No.- 86- Page 2 -of- rr..b.'z6 i`c;as`nK�wn '�?.Y� ri`x i'� .�fi.,,, ,t. - .,; w x .,.^r• afi' _ iXt r.'., a;s s' CITY OF TIGARD, OREGON ORDINANCE NO. 86— (5 AN ORDINANCE AMENDING AND SUPPLEMENTING CHAPTER 18.114 OF THE TIGARD MUNICIPAL CODE (ZOA 5-86). WHEREAS, Chapter 18.114 of the Community Development Code regulates the construction, location, erection, maintenance and permit requirements for temporary signs; and WHEREAS, the current ordinance requires all temporary signs to have a temporary sign permit and permits a maximum allowable area of 12 square feet; and WHEREAS, the planning staff recommended to the Planning Commission that the Sign Code be amended to allow one freestanding temporary sign no greater than 12 square feat in area on any one premise without a temporary sign permit or no more than one temporary wall sign with a maximum area of 18 square feet without a sign permit; and WHEREAS, this amendment would exempt both of the two specific sign types from temporary sign permit requirements provided a sign does not exceed the maximum allowable area, the number allowed on a premise (one) and that the sign remains up no longer than sixty days; and ` WHEREAS, the Planning Commission reviewed staff's recommendation at a public hearing on October 21, 1986, and voted to recommend to City Council that Chapter 18.114 be amended; and' w ON December 15, 1986 the City Council held a public hearing to consider the Planning Commission's recommendation. _,,.... THE CITY OF TIGARD ORDAINS AS FOLLOWS: Chapter 18.114 of the Tigard Municipal Code shall be amended as follows. Language to be added is underlined. Language to be deleted is shown in [brackets]. 18.114.060 Sian Exemptions (a) The following signs and operations shall not require a sign permit but shall conform to all other applicable regulations of this Chapter and the provisions of subsection (b) below: i (1) Signs advertising exclusively the sale, rental or lease of premises on which the signs are located; (2) Memorial signs of tablets, names of buildings and datesof erection, if either cut into any masonry surface or constructed of bronze or other incombustible material; t ORDINANCE NO:` 86—, (ZOA 8-86) - PAGE 1,-: ' . Y`.7'--My, "�}. �K�{.' 3N-.d_.t.+sci&ate...A:..a. < •L+K .1h t. 4 a..._.4 -, '4'� . (1) Signs advertising exclusively the sale, rental or lease of premises on which the signs are located; (2) Memorial signs of tablets, names of buildings and dates of erection, if either cut into any masonry surface or constructed of bronze or other incombustible material; (3) Signs denoting the architect, engineer, contractor, and similar information concerning a subdivision or development and placed on the construction site; (4) Signs denoting one time clearance sales of household goads (e.g. a garage sale); (5) Signs promoting or opposing a candidate or measure in a specific election; (6) Ideological signs; (7) Signs of temporary nature advertising events or products for sale for nonprofit organizations. } (8) Signs of a temporary nature which most all of the following criteria' there is no more than one temporary sign on the premises;for each temporary sign in excess of the one exempted sign a temporary sign permit shall be required as provided in 18.114.100; and wall signs or wall banners which do not exceed 18 square feet in area or freestanding signs which do not exceed 12 square feet in area. �c} the temporary sign will be erected for a period no N' longer than sixty (60) days. (8) (9) Nothing in this title shall prevent the erection, location or construction of signs on private property where such erection, construction or location is required by any law or ordinance nor shall any public agency or utility be prohibited from erecting signs on private property when otherwise permitted. (9) (10) Nothing in this title shall prevent the erection, location or construction of directional or instructional signs on private property when such signs are solely designed to fa`# direct or to guide or to instruct pedestrians or vehicular traffic while on the parcel of real property on which the signs are located. No sign permit or fee shall be required for such signs. ORDINANCE NO. 86- (ZOA 8-86) - PAGE 2 (2) Except as otherwise stated in 18 114.060(a)(8) above, the total area of exemated signage per parcel shall not exceed 6 square feet in single family residential, 12 square feet in multifamily zones, 15 square feet in C—N zoning districts, and TO square feet other zoning districts, regardless of the number of signs. (3) At least one sign shall be permitted per parcel of land; additional signs on such parcel shall be spaced at least 50 feet apart in residential zoning districts and 30 feet apart in nonresidential zoning districts. (c) Signs exempt f obe pd withinermite(14) days from the undernts o end of the { and (3-5) shallr move event displayed. 18.114.100 (0 01 (B) The total area of one freestanding sign shall not exceed 12 square feet, and for wall signs 18 square feet. (C) See definition 18.114.015(c) 43 (TEMPORARY-SIGNS) for types approved. ;k PASSED: By Li_s�tE,Lli�+'1d4t5 vote of all Council members present afterday bei read by number and title only, this l).t„z=6h-- of 'ice=h-/� _ , 1986. 41. • i Cit Records APPROVED: This ���► day of h.�� 1986. ohn E. Cook, Mayor 2698PIO043P 3 aA ORDINANCENO. 86- ta✓ (ZOA 8-86) PAGE 3 CITY OF TIGARD, OREGON ORDINANCE NO. 86 iLLP AN ORDINANCE AMENDING CHAPTER 11.04, SOLID WASTE MANAGMENT, OF THE TIGARD MUNICIPAL CODE. WHEREAS, on November 24, 1986, the City Council heard the recommendation of the11. Utility and igardhiMunic peal Committeeto to make several changesatinnsto Chapter solid waste 11.04 of the Tigard franchisee ownership; and endation WHEREAS, t and Cit time Cluncil imits for also solidsi iwaste francondered chisee tlatert anallyysis ande procedures adjustment; and ter 11.04 to rate WHEREAS, the citecommendedCoucil denies to bynthe Utility and Franchise p Committee at the November 241 changes r 1986 Council meeting. THE CITY OF TIGARD ORDAINS AS FOLLOWS: Section 1: Section 11.04.040(b)(1) shall be amended to read as follows: Language to be deleted is shown in [brackets] and language to be added is underlined. (1) Area I [Frank's Disposal Service, Inc., Herb Frank, President, 15890 SW Colony Drive, Tigard, OR 97223;3 Pride Disposal Company, Lorr Leichner President,_ P.O. Box 839 Sherwood OR 97140. Section 2: Section 11.04.040(b)(2) is amended to read as follows: (2) Area II. Miller Sanitary Service, Inc. , [Carl] Thomas Miller, President, [7764 SW Capital Highway, Portland, OR 97219] 5150 SW Alger Avenue Beaverton OR 97005. "'sr :ORDINANCE NO. 86— page b—page_.1 Section 3: Section 11.04.090(c) is amended to read as follows: (c) Rates to be charged by the franchises under this chapter shall be set by the city council by resolution as deemed necessary by the council. Except, increases in charges to the franchises for solid waste disposal site fees imposed by a governmental agency may be included in the rates by council resolution, provided such increases are evenly distributed among the rates. The franchises shall provide sixty days written notice with accompanying justification for all other proposed rate changes. The council shall give due consideration to the purposes of this chapter and the [direct and indirect cost to the franchisee of doing business including, without limitation, investment in and cost of disposal or resource recovery, soundness of management, resource recovery revenues, services of management, cost of technological changes, costs of meeting government regulation, projected revenues and and expense of providing service, cost of meeting growth in service or capital budget, rate for similar services in similar areas, a reasonable return to franchisee on the business, length of haul to disposal facilities, cost of use of transfer or transfer facilities, future service demands, extra charges for off-day pickups, janitorial services picking up wastes around cans or other containers or boxes, Saturday or holiday surcharge where such service is provided, minimum use of drop box service as a condition for providing the service, and a surcharge for blocked access or container, can or drop box not ready to dump, based on time and expense.] Annual Report filed by franchisees Section 4: Section 11.04.090(e)(1) is amended to read as follows: (1) On or before[September 1st, the franchisee shall supply a report of current income and expense together with projected income and expense for the year beginning January 1st and ending the following December 31st together with existing and proposed rates. Income and expense reported may include any or all of those listed in subsection (c) of this section and others applicable to the franchised business. Fiscal year franchisees shall estimate revenue and expense from date of actual expense and income records to June 30th.] March 1st the franchisee shall file an annual report (€xhibit "C") with the City Recorder for the year ending the previous December 31st. y C ORDINANCE NO. 86- a Section 5: Section 11.04.090(e)(2) is amended to read as follows: (2) The City Administrator shall report to the Council by [October 1st] April 13t on the franchisee reports and propose rate adjustments, if any. He .;.ay make such recommendations as appropriate to the rate determination. A copy shall be delivered to each franchisee. Section 6: Section 11.04.090(e)(4) is amended to read as follows: (4) Unless there is good cause shown and recorded in the minutes of the county, the council shall act upon any rate adjustment by [November 30th] May 31st and the adjustment shall take effect [January 1st] June 1st. Rate adjustments shall be by resolution and order of the council. PASSED: By vote of all Council members present after being read by number and title only, this 15 d" day of O2��� 1986. Catherine Wheatley, Deputy Recorder I APPROVED: This }5 day of , g4 x6t, ,, 1986. Jo . Cook, Mayor C WAM:bs2726P y ORDINANCE NO. 86- Q <<: Page 3; I AGENDA ITEM 2 — VISITOR'S AGENDA DATE Dec- 15, 1986 (Limited to 2 minutes or less, please) Please sign on the appropriate sheet for listed agenda items. The Council wishes to hear from you on other issues not on the agenda, but asks that you first try to resolve your concerns through staff. Please contact the City Administrator prior to the start of the meeting. Thank you, NAME 6 ADDRESS TOPIC STAFF CONTACTED a, S DATE December 15, 1986 I wish to testify before the Tigard City Council on .. the following item: (Please print the information) ^ Item Description: Agenda Item No. 4, Zone Ordinance Amendment (ZOA 7-86) HOW OCCUPATIONS Proponent (For Issue) Opponent (Against Issue) Name, Address and Affiliation Name, Address and Affiliation / CA,'L'ew-C' k DATE December 15, 1986 I wish to testify before the Tigard City Council on -- the following item: (Please print the information) Item Description: Agenda Item No. 5 - ZOM Ordinance Ammciment (?.OA 8-86) T@WMW SIGNS Proponent (For Issue) Opponent (Against Issue) Name, Address and Affiliation Name, Address and Affiliation SY ,Azv h-v J�t�� f 4�'-(fi, r cf`776)L C j / V MEMORANDUM CITY OF TIGARD, OREGON TO: Bill Monahan, Community Development Director December 12, 1986 FROM: Duane Roberts, Administrative Planner OIL- SUBJECT: Basketball Hoops Near Public Streets Fourteen cities located in the Portland metropolitan area were surveyed regarding the regulation of basketball hoops erected in the public right-of-way. Generally speaking, the cities may be divided into three main groups with respect to this subject. One group, the largest, regulates the placement of hoops under similarly worded ordinances that prohibit the obstruction of public streets. Another group, because they lack ordinances specifically pertaining to hoops, have adopted the position that they do not have the authority to regulate this use. A third group, the smallest, are cities that have adopted procedures that allow for obtaining a permit or special dispensation to construct hoops. Hoops Prohibited Among the first group of cities, Portland, with its dense inner-city neighborhoods, has the most active enforcement program, with the City reportedly issuing hundreds of letters each year in response to citizen complaints. In common with many other cities, the form letter used by Portland includes a warning to the property owner that he or she will be cited unless the hoop is removed. It also contains a warning that he or she is a potential party to a lawsuit arising from the installation and use of the hoop. Over the years, many have appealed citation notices to the City Council. In every case, the Council has chosen to strictly enforce the code and deny the appeal. It is relevant to note that the person responsible for administering Portland's ordinance, the Street Department Manager, is of the opinion that it is illegal for a governmental unit to issue a permit for a hoop in a public street. The reason is that the right-of-way is dedicated for public transportation related uses. By law, encroachment is allowed only for a public benefit or a use ancillary to the use of adjacent property. Accordingly, a government unit has no legal basis for issuing a permit for a hoop because such use would not meet the definition of a necessary public or ancillary facility. Among the other cities in this first group that deal with this problem in a similar fashion, i.e., banning with no exceptions allowed, are: Tualatin, Lake Oswego, Oregon City, McMinnville, Troutdale, and Tigard (see attached). In the case of Tualatin, enforcement takes place in response to a complaint. The Planning Director has no knowledge of any challenges having occurred to the ordinance. Lake Oswego also has received no challenges to its letters to owners requiring them to take down or pay for removal of illegal hoops. McMinnville similarly has experienced no problems related to its letters. Its enforcement efforts are primarily a response to hazards to the City street sweeper rather than complaints from the general public. Although its treatment of the problem is the same, Oregon City differs from the other cities in this group in having a code provision that specifically names placement of hoops in the street as a prohibited use. As with the other cities, few challenges have occurred. A unique feature regarding Troutdale is that hoops are regulated under a nuisance ordinance that allows the Public Works Director considerable latitude in identifying particular conditions as constituting a violation. With regard to challenges, the Council has supported the Director's position in every instance. As alluded to, except for Portland, an experience that the above cities share is that they receive very few complaints regarding illegal hoops. This tends to make this very much a low priority issue in these communities. No Regulation As mentioned, the second group of cities are those that take the position that they do not have the authority to regulate hoops in rights-of-way because they do not have appropriate laws on the books. Among these cities are: Forest Grove, Cornelius, Gresham, and Wilsonville. Forest Grove's building official advises that he sends out notices if the street sweeper hits a hoop, but indicates that his letters are a pretense because the city has no legal authority to require removal. Cornelius reports that it has no ordinance that makes hoops illegal. but building official is aware of two hoops on side streets within the city, no complaints about either have been received to date. Notwithstanding the absence of a relevant ordinance, if someone were to put up a hoop on an arterial, the official would talk to the property owner and ask him or her to remove it. Gresham likewise discourages hoops but has no legal basis for restricting their installation. Apparently, as a result of a legal challenge, it came to light that the city had no legal basis for regulating hoops in streets. The present situation is that no action is taken if someone calls in with a complaint regarding a hoop placed in a right-of-way. Wilsonville's stance also is that it lacks authority. Planning officials know of two hoops located in Charbonneau, but continue to "look the other way." West Linn's situation is similar, except that they would not ignore someone placing a hoop on a busy street. Permit Procedures The third group of cities all have formal permit or special dispensation procedures. - These are: Beaverton, Milwaukie, and Hillsboro. Beaverton and Milwaukie both have permit processes. Hoops are allowed on dead—end and cul-de—sac streets. Under the conditions of approval, the owner must sign a waiver and agree to indemnify the city for all liability. Additionally, the hoop must be placed in a safe manner and maintained. Since adoption in 1978, Milwaukie has received just one permit application. Hillsboro prohibits hoops, but the Council in the past has adopted special resolutions allowing hoops in streets under conditions much like the above. sb/0215W SOURCES Portland: Don Gardener, Street Division Manager Tualatin: Jim Jacks, Planning Director Lake Oswego: Mike Wheeler Building Division Oregon City: Keith Sutton Police Department McMinnville: Clinton Ross-, City Attorney Troutdale: Ed Kubicki, Public Works Director Forest Grove: Roy Hoogandoorn, Building Official Cornelius: Jerry Taylor, City Manager Gresham: Terry Vanderoy, Building Department Wilsonville: Judy Emison, Planning Department West Linn: Mika Butts, Planning Director Beaverton: Bruce Cleeton, Code Enforcement Officer Milwaukie: Steve Hull, Public Works Director Hillsboro: Dick Banham, Community Services, Police Department sb/0215W �� � •iFs`.,.F�` .sax,. ;w� x�. -.,a,. .�.,�..`„�`-..�.r - c u.,+-. _ _ ,4�.. _ �,�� 10.32.200--10.32.250 TIGARD 10 32 200 Obstructing streets. Except as provided by Chapters 10.16 through 10.32, or any other city ordinance, no person shall place, park, deposit or leave upon any street or other public way, sidewalk or curb, any article or thing or material which in any way prevents, interrupts, or obstructs the free passage of pedestrian or vehicular traffic, or ob- structs a driver's view of traffic-control signs and signals. (Ord. 78-3 57(b) ; 1978. Ord. 70-41 Ch. 8 S20, 1970) . 10.32.210 Removing lass and debris. Any party to a collision or of er ve icu ar accident, or any other person causing glass or other material or substance likely to injure any person, animal or vehicle to be upon any street in this city, shall as soon as possible remove or cause to be removed from such street all such glass or other material or sub- stance. (Ord. 70-41 Ch. 8 S21, 1970) . 10.32.220 illegal cancellation of traffic citations. it is un aw u or any person to cancel or sol cit the can- cellation of any traffic citation in any manner except where approved by the municipal judge. (Ord. 70-41 Ch. 8 S22, 1970) . 10.32.230 Tam rin with odometers rohibited--P_ t . Any personyo---W-guiltyun o vii ataon o the provisions o ORS Section 646.860 shall be subject to the penalties pre- scribed by ORS Section 646.990, and said sections are by reference herein made a part hereof. (Ord. 72-22 52, 1972: Ord. 70-41 Ch. 8 524, 1970) . 10.32.240 Existing traffic sig. s. Except as the coun- cil may by resolution or or inance c ange the traffic-control regulations in accordance with the provisions of the ordinance codified in Chapters 10.16 through 10.32, all official traf- fic signs, signals and markers existing October 12, 1970, shall be considered official under the provisions of Chapters 10.16 through 10.32. (Ord. 78-3 57 (b) , 1978; Ord. 70-41 Ch. 8 S47, 1970) . 10.32.245 Crossing private property. No operator of a vehicle shall proceed from one street to another street by crossing private property. This provision shall not apply to the operator of a vehicle who stops on the property for the purpose of procuring or providing goods or services. (Ord. 84-07 S1, 1984: Ord. 83-49 S2, 1983) . 10.32.250 Penalties. Violations of any provision of this chapter is a class B traffic infraction. (Ord. 78-3 S7 (c) , 1978: Ord. 70-41 Ch. 8 S49, 1970) . t 147 (Tigard 9/84) 10.12.120--10.12.150 MCMINNVTLLE 10 12120 Driving under the influence of intoxicating liquor, dancserous drags or narcotic drugs pro anitea. A. No person shall operate a motor vehicle on other property open to public travel while under the influence of intoxicating liquor, dangerous drugs, or narcotic drugs. B. A person charged with an offense under this section shall be advised that he has a right to a chemical test of his blood, saliva or urine at his expense or chemical test of his breath without expense, that he is not required to submit to any such test, and that his refusal will not result in suspension of his driving privileges, and that his refusal to submit or failure to request chemical testing cannot be used against him in any criminal proceeding. C. As used in this section, "intoxicating liquor, " "dangerous drug" and "narcotic drug" mean the same as those terms are defined by state law. (Ord. 3629 g53, 1972) . 10.12.130 Damaging or obstructing sidewalks and curbs. A. THe operator of a vehicle snail not drive upon a side- walk or roadside planting strip except to cross at a perma- nent or temporary driveway. B. No unauthorized person shall place dirt, wood or other material in the gutter or space next to the curb of a street with the intention of using it as a driveway. C. No person shall remove a portion of a curb or move _ a motor vehicle or device moved by a motor vehicle upon a curb or sidewalk without first obtaining authorization and ti posting bond if required. A person who causes damage shall be held responsible for the cost of repair. (Ord. 1629 519, 1972) . 10.12.140 Obstructing passage of vehicles or pedestrians. A. No unauthorized person shall obstruct t e free movement of vehicles or pedestrians using the streets. B. No person shall park or stand a vehicle in such a manner or location that it constitutes a hazard to public safety or an obstruction on the street. C. No person shall place, implant or erect a device in a grass or planting strip immediately adjacent to a sidewalk, curb or street which impedes the free movement of vehicles or pedestrians in using said sidewalk, curb or street area. The planting of trees and bushes not prohibited by other ordinances is not circumscribed by this section. (Ord. 3629 520, 1972) . 10.12.150 Removing glass and debris. A party to a vehicle accident or a person causing broken glass or other debris to be upon a street shall remove the glass and other debris from the street. (Ord. 3629 521, 1972) . 1 157 Beaverton Code 9.01.040 Permittee's Responsibilities. A. Unless otherwise specifically provided for in the permit, the permittee shall be responsible for the installation, maintenance and operation of the lights and decorations until the end of the permit period. B. The permittee must comply with all other Code sections, ordinances and regulations of the City relating to placement or use of the decorations or lights. C. The permittee shall be responsible for removal of decorations or lights at the end of the permit period. 9.01.050 Refusal to Issue, Revocation, or SusEgnsion of the Permit. A. The mayor may refuse to issue, revoke, or suspend the permit in accordance with the provisions of BC 2.05.050 - .066. ' 9.01.060 Violation. Violation of BC 9.01.010 - .060 constitutes a Class 2 Civil Infraction, and shall be processed in accordance with the procedures set forth in BC 2.10.010 - .050. (Reserved) BASKETBALL BACKBOARD PERMITS 9.01.200. Basketball Backboard Permit Process. BC 9.01.200 - Beaverton Code .235 are intended to provide a procedure for application and issuance of permits for placement of a basketball backboard, hoop and net in or over public rights-of-way pursuant to BC 5.05.115 E9. a 9.01.205 Procedure for Permit Application. A. Application for the permit shall be made jointly by the person wishing to erect the backboard and the owner of the property fronting the public right-of-way on forms provided by the city engineer. B. All applications must be accompanied by a permit fee. The amount of the fee shall be set by Council resolution. 9.01.210 Decision on Application. The city engineer shall review the application to determine if all of the following requirements are met: A. The backboard, hoop and net is located within 110 feet of t the end of a dead-end street, or within 110 feet of a cul-de-sac, as measured along the street center line extension from the point of intersection with the curb of the c-1-de-sac. In the case of an offset cul-de-sac, the 110 feet is to be measured along the street center line extension from the point where a right angle projected from the center line extension is tangent to the curve of the cul- de-sac, if the above mentioned dead-end street is subsequently extended, the backboard, hoop and net shall be relocated accordingly if necessary or subsequently removed if a through street results; B. No other basketball backboard exists in the same dead-end street or cul-de-sac. - C. That the placement of the backboard is safe and that �y-- 3 Beaverton Code there are no circumstances that make the placement of the backboard inappropriate. 9.01.215 Notice. A. If the city engineer finds that all of the conditions of BC 9.01.210 have been met, the city engineer shall mail notice declaring intent to issue the permit to all property owners whose property abuts on the cul-de-sac or dead-end street. B. If the city engineer finds that all of the conditions of BC 9.01.210 have not been met, the city engineer shall mail notice declaring intent to deny the permit to the permit applicants. C. Any person receiving a notice may request a hearing in writing or submit written comments within ten days of the date the rrnotice was postmarked. _ l 9.01.220 Hearing. If a hearing is requested, the hearings officer shall hold a hearing with notice as provided in BC 9.01.215.. After the hearing, the hearings officer shall approve the application if all of the requirements of BC 9.01.210 are met and the hearings officer determines that no circumstances exist that make placement of the backboard in that particular location Inappropriate or dangerous to people or property. 9.01.225 Permit Issuance. A. The city engineer shall issue the permit when the following conditions have been met: 1. The city engineer, or the hearings officer in the event of a hearing, determines the requirements of BC 9.01.210 have been met and when ten days have elapsed following the date the notice in BC 9.01.215 was postmarked; 4 Beaverton Code 2. The permit applicant agrees to indemnify the City in amounts not to exceed the limits provided by ORS 30.270 for any and all liability, loss or damage it may suffer arising from the granting of permission to said applicant and installation and use of the basketball facilities; 3. The permit applicant provides the City with either a surety bond, whose surety is a justified surety insurer under ORS 743.732 or an insurance policy with a certificate of insurance naming the City, its officers, agents and employees as additional insured. The permit under this subsection is automatically revoked and void upon expiration or cancellation of the surety bond or insurance policy. B. The city engineer, or in the event of a hearing, the city engineer and the hearings officer, may place special conditions on the permit. 9.01.230 Renewal, Suspension, or Revocation of Permit. A. The permit shall be valid for a period of five years. Renewal. o€ the permit shall be accomplished in the same manner as an application for a new permit under BC 9.01.205 - .210. B. The permit may be revoked, suspended, or modified in accordance with the procedures provided in BC 2.05.050 - .066. In addition to the grounds specified in BC 2.05.054, a permit may be revoked, suspended or modified for: 1. a violation of a provision of this Code as it relates to basketball backboards in or over a public right-of-way; or 2. a violation of a term or condition of the permit. 5 Beaverton Code ' 9.01.235 Existing Backboards in Public Right of Way. The provisions of BC 9.01.200 - .235 shall apply to all basketball backboards installed in or over public rights-of-way after January 14, 1974. (Reserved) PLACEMENT OF SIDEWALK BENCHES, TRANSIT SHELTERS AND OTHER FACILITIES 9.01.300 Placement Permit. BC 9.01.300 -.330 are intended to provide a procedure for application and issuance of permits for placement of sidewalk benches, transit shelters and other similar '- facilities in public rights of way pursuant to BC 5.05.115 Ell. For the purpose of BC 9.01.300 - .330 "other similar facility" and "other facility"include newspaper dispensing stands. [BC 9.01.300, amended by Ordinance No. 3373, 6/5/841 9.01.305 Procedure for Fermit Application. A. Application for the permit shall be made to the mayor. The mayor may delegate the responsibility for approval and issuance of the permit and enforcement of BC 9.01.300 - .330 to a City employee. B. The application for the permit shall include: 1. the applicant's true name, permanent address; 2. the true name and address of a person for whom the applicant is acting as agent; 3. written and signed approval of the owner, lessee 5-14 ORDINANCE NUMBER 1405 5-14.4 AN ORDINANCE PROVIDING FOR THE PLACEMENT, REGULATION AND CONTROL OF BASKETBALL HOOPS WITHIN THE CITY OF MILWAUKIE, OREGON; AND PROVIDING PENALTIES FOR VIOLATION THEREOF. THE CITY OF MILWAUKIE DOES ORDAIN AS FOLLOWS : Section 1. The City of Milwaukie feels that it is important to regulate uses which may protrude into the public right-of-way. Use of basketball hoops in the public right-of-way is -allowed under the following conditions and guidelines : 1. Playing hours shall be limited to 9:30 a.m. to 9 :30 F .m. 2. Hoop structure shall be placed in that portion of the r;.ght-of-way actually maintained by the installer of the hoop. 3. Hoop structure shall not be placed on any public utility pole. 4. The central post supporting the hoop structure shall not be closer than twenty (20) feet from the adjacent property owner' s line, with the exception of an installation where consent has been obtained from the adjacent property owner. 5. Hoops shall not be placed within seventy-five (75) feet from the near side of the traffic lane of the cross street at intersections. 6. No hoops shall be placed on through streets longer than *ti one quarter (1/4) mile long, with the exception of streets that are not through streets. 7. Any exceptions requested or proposed by a potential hoop £ ; installer shall be reviewed by the Traffic Safety Commission. i 8. All players utilizing the hoops shall yield to the flow ? of traffic. i Section 2. Abatement by the City. If .a hoop is installed in . violation of this Ordinance, the City mayproceed with summary abatement by having said hoop removed at the expense of the installer of the hoop. Section 3. Violation of this Ordinance shall constitute a public nuisance, and may be abated as such. Section 4. Penalties. Violations of this Ordinance shall be considered a misdemeanor. Any person violating any provision of this Ordinance shall be subject to a fine not to exceed $250. 5/80 Ordinance Number 1405 Milwaukie Ordinances Section 5. Separate Violations. 1. Each day of a violation of a provision of this Ordinance constitutes a separate offense. . 2. The abatement of a nuisance is not a penalty for violating this ordinance, but.is an additional remedy. Imposition of a penalty does not relieve the person of the duty to abate the nuisance. Section 6. Severability. The sections and subsections of this Ordinance are severable. The invalidity of one section or subsection shall not affect the validity of the remaining sections or subsections. Read the first time this 18th day .of September, 1978, and moved to second reading by majority vote of the City Council. Read the second time and adopted by the City Council this 2 .dday of October, 1978. Signed by the Mayor this -- ndday of October. 1978. !'%,-e v BIM ayo • �// ATTEST: Dorottly E. IrarreU, Recorder APPROVED AS TO FO it r v ty Attorney w � 5t80F R. Neal & Sandra V Black Cherrie A Harvey Richra J 12180 SW Summercrest Drive 12245 SW Katherine 10470 SW Tigard, OR797223 Tigard, OR 97223 C Gervis A & Dortha L Terrill Darlene D Fisher Thomas A & Joy Ann Wells 12160 SW Summer Street 12485 SW Brookside Avenue 15630 SW 88th Avenue Tigard, OR 97223 Tigard, OR 97223 Tigard, OR 97223 Jeremy M & Nancy B Coursolle Donell & Gail S Dyer 12215 SW Summer Street 12532 SU 123rd Avenue Randell Gene &Nancy Ann Krupp Tigard, OR 97223 Tigard, OR 97223 15805 SW Stratford Loop Tigard, OR 97223 Richard Earl &Mary Nan Craven The e E & Joyceer Jeffrey E & Judith K Davison 9170 SW Elrose Court 14535 SW c d Blvd. 15825 SW Stratford Loop Tigard, OR 97223 Tigard, 0 223 Tigard, OR 97223 Gladys S Hoty & Larry D & Mary Jo Hamilton John A & Phyllis A Fullmer Robert W Butz 11290 SW Fairhaven Court 16360 SW Sylvan Court 11180 SW 119th Tigard, OR 97223 Tigard, OR 97223 Tigard, OR 97223 Kit H & Allison M Nidever J Grant & Connie L Moody .erald J & Roberta A Fiarito 13040 SW 107th Court 10035 SW Picks Court 11905 SW Burlcrest Drive Tigard, OR 97223 Tigard, OR 97223 Ak Tigard, OR 97223 James C & Edna J Warren David C & Francis Ann Hunter James R Jr. & Susan M Devers 8030 SW Fanno Ck Dr 10105 SW Kent Place 11935 SW Summercrest Drive Tigard, OR 97223 Tigard, OR 97223 Tigard, OR 97223 Michael T & Susan Elaine Bitz S15-- C & Rebe C-Karsh David E & Kathleen Hamilton 14900 SW 83rd Avenue 9430 SW iDrive 11754 SW Summercrest Drive Tigard, OR 97223 Ti gar 972 Tigard, OR 97273 --- Sharon F STearns T86_RB, 1 Estate Fu Brian J & Donna L Moore 10370 SW Del Monte Drive 9815 SW C 11775 SW 114th Place Tigard, OR 97223 Ti Tigard, OR 97223 Don W & Bonnie L Thomas TDC Real EState Fund 02 Larry L & Bette L King 14940 SW 103rd Avenue 900 N Tomahawk Island Dr Suit 2055 SW 118th Avenue Tigard, OR 97223 Portland, OR 97217 1` Tigard, OR 97223 Wilford L & Marlene M Shafer Norman Jeralyn & Kay Howard m Bernard M & Prudence A Blum 14785 SW 104th Avenue 10265 SW Brookside Court t L 11740 SW Katherine Tigard, OR 97223 Tigard, OR 97223 Tioard . nR 9.7273 THE TIMES,Week of Decemb 50' ►a1!DONOVAN L MACK ANN DAtYA aL►CYON trmP+GZ mrwen Tta OPItilION pw"P.war•nwd 'wwY•aarea••rst•aDlr:f[ep,Artlt r w u.r.cettw tr,r w•e•e•r•tw .ecu• a a"llcaats:amp um" ran4au ecelve30 T. Hoops better out of streets ..am Dec.I&I:"p.m.to .;particfpaor recdve.T- e Camp Icon i#l"td oe n" :n f Bubble a e r aholdW city of Thprd officials are Ukely to be we D•Y taxa to build and main much parks as Bubble after e:re p.m. tee a Coach raw w N► sued a lot Of nasty mala u they start ar with basketbsu Courts,which are much safer lively eafarca•g theft CYlTent ordinance that thin streets.The city of Tigard has two parks \ 8 f>r amp Is"0eo to nes firm so prohibits basketball hoops sad skateboard with basketleu courts and 15 schools to the Itrayl ateesW"dws woo romps to public TW-01-way& city have outside basketbsu hoops. fiwaea will kers pnWr Atter o14 didn't these guys ever play The Tigard City Council is waiting for a a t remains asp hoops to the street or don't they have chit- leaal ryptafOn before deciding whOWfx to en- tecbrieaea thq cul•tern drop who use skateboard ramp•On street force or modtty its cutrent rules the deci- Wat maf"1 warsde le Caversy tion will probably be made in early that mud►harder 18117. ,a y"map""hay fes They Probably would sag Ya to both.It However.City Administrator Bob Jean thinks nnle r sad ow tae cite f a will make Wuxi the bullet thon mer cities losing big bucks ow In 1oice0 her ratewayos r h she if they order the hoops and ramps to be tak- sults Involvfog hoops and skateboard ramps. ata oma pawl0w.Tfwn r a en down sad moved onto private PrOPerty. ,�city would fain be a target for a ltbabli ty me kr aveey fart parecF , ars a kraR"w aetpa" we wouldn't wont to be to their s°nesU, suit. even a PfO"b' Owner sUped • tram saes a mon proud maybe sasakers in this case, but the City waiver exemption the city from any resp— officials fact tuft Choice. sibuft in can of an accident.Jean sold. d awes p sour. a prsey ossa row ass h They are only responding to the fear and The City of Beaverton has similar Can, 'a ,�a rashly that have rocked the entire country Ceres about the liability of basketball hoops rerawas"D"s aka TUN IaeOMM OY�•idOYB ih•b111tY ioNtraOte soul doesn't allow them on streets.Residents s h es home •tNcoop,fie tLtses bad on everyday aCtivitlea Our lo- an area them on culdesats sad dead-end ars a m awwor lea a dety has eeeome afraid of Its own shadow, streets if they pin a special permit from the of preepm net. then let alone a small baaketbau run ready to city. lrl<l 1 Y fAf To's""�"•has cin1f°" jump out from us curbdde position and hit a nryraM&a�MYaa"off m � home. 1n matlag its decision.the council should A 1M Naw Yet Mer.400 follow through with several actions to make We don't Mena to make light of"riots the best Out of touchy situation. 1 emcidea"ghat could be Caused by booked" First,the council shm"inform all resi- gdmeS ° a n11 yampa or the Inhales deals at Its StapPO"P enforcement of the "'� �°w °s :vwd 'd °p t 'fid Mystery candidate , adod,who use them UbW p1•ymIl is the � r M "fife a strew U snowed also take steps to easure the f""'0'""is0 ordinance is entweed aroughaut the do. spew Narta tier• fever.kida.aA admits used to Practice among presi en is . ry' ownmo•seas wtrso lavotved with with re, ant)UNI alone Certain greets.no city now helot hw a Was nova. MAWS!dfvlrstoes.Children PWi•1111•tna6 has 33 b0ops m Wes".They all should be ANDY tOONIET -.re Nbe p.rw u loth~ welched tar P•ssi•11 Can.Meat Parents didn't oTdtdtid lows.It the do ready wan"to roe a►' _ - ""cur"sa i waw a s naw saw. allow beeps Cao by placed aims busy streets. dna its list risk it shouldn't look the rh big w wWmalea cow mower a oaf seek at am wn Aad mletsttsts were witty a the Ames They other Tray On hoops Wet harrooR prompted r wwW ora n p ecu !Mve a wait. as a tart YarbW� go wen watchful to not drive does to curbs Complaints by neiihbots aeyrars aaiww. ce.w + *wpm-WAY be Iva" where they may Wt beside" rims. Until The city should 6120 include new hoops— lir at we NN of paeerbws: a ky e za 7Sa�e•nar wow rsantiy,we[ever beard of many lawsuits whetter co full or halt coax" — In new N"N' u'�,o- w 6teermsdB11 from accidents mused by hoops and renovation projects at timing cher • ecu u are.. D Meow oat a oma canoe a n W."Ir and akBgtbWrd t•rltp• community P•�skateboards. .will lessen ilk- cow sw u auk ttwp key M+F �* Jul � Now, beatulbali hoops Bad skateboard d�•n a�for ska"b0•rds.will lessen tt►e a,ey a,mbmfonaNa w+a nes, �' ramps Bra Called attractive WINDOW cities temptation t0 piny in st0^eeta D tA�*arpa.Tfiveom few�a ofbugHow to ft that allow themes 10 rise-ot-wys and 7=,b. .Tu.+rFrar.w ewaan wbo lave them to front ?he d4 D4lo w0 work with the Tigard w a.vrlm"url w t maH.ce homes!face substantial Imbiuty,in rico of School District to see it mora open gym ley w comae"vmw cow""cow ten Dan -wa,aa .} { •Cddes�The sarllf ItablUo daesn t aPP1Y to tld�can be scheduled at school district is68cimew"M Wilk" t fir . e ww r err I r and baseball Ames a Basketball AssOd•f10n CWid Mradwidno aM"tivay Pm ."". `e.'. �i w played to i naw Vee sane 0 'K the dost r w ( It yea really think about It thougi4 the Woo be promoted more by the CRY—a tie' aw b sower d-ays o11""er arrow teedea th ob aren't for bsstatball�they iron to show the city Isn't•i•tsnt basketbeu, w#to Such w ewwv"ar Citi cow fir nee _ cum b earl,asclss"tra"bN row ae no e" Vehicles Mon )op tests bean 010010 with"mere d�m pmM 1The city l" battlee..s� sou cum a,01000 own Is IN Uls me the strove will be viewed On a parent who makes tesp lwkee trouble. cow Such Wei lea r tae fry ritae • • few eta��N an UN Peoples wjupopbeg"*1 �0 res tt ls aids to hav5 eltwr.a p1q yds ala no. fiat aro appreciated -'� of home order PW*W%VMS al w of .w w.w nes wrw eNsrlhe Cindy do :i Aanw "nee pas abed IM sew ewe N Int.11w ru0fu dsewt wean"a pesadeet kvh .cow,a `:.waw Lewes"w emh awe ala oma►. 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PAILMad r bad WKS,a awn• der b seedwa Aew rawM.wapeetiyw a arret esMwa.ankh/ ant rt. :• sae •err x nOtA CtttalA �� a eiarfd ad do TfaNr"wrw"/Ma sdix• some � was Mr l a err. war.s VA.so 166 Cade,berg dwwow"K yea T ialWad City Council December 1, 1986 City of Tigard 13125 S.W. Hall Blvd. Tigard, Oregon 97223 Dear Sirs: We received a letter on November 4, 1986 from George Steele, Codes Enforcement Officer for the City of Tigard, that the basketball hoop on our property is in violation of Tigard Municipal Code Sec . 10.32.200. While the backboard and hoop do extend over the street, we do not feel that it "in any way prevents, interrupts , or obstructs the free passage of pedestrian or vehicular traffic", and plan to leave the hoop in its present location. In support of our stance, we 4 submit the following facts: As shown in the enclosed photograph, the hoop is located at the end of a cul-de-sac . Vehicular traffic , other than residents of 107th Court, is minimal. The hoop measures 10 feet 10 inches above the street. This is higher than regulation height, and was purposely done to avoid interfering with the City's street sweepers. There are eleven children on 107th Court who utilize the hoop, along with several adults. If the hoop were not there, the children would be forced to go to Charles F. Tigard Elementary School or Fowler Junior High School to play basketball, which means walking along Fonner Street. We believe the safety risks and hazards of k Fonner Street, with its potholes and lack of sidewalks, are well documented with the Council. For the above reasons, we request your assistance in obtaining a variance from the Tigard Municipal Code, so that we may keep the basketball hoop at its present location. We would be pleased to meet with the Council and any City officials to further discuss this issue. We invite you to visit 107th Court to survey the situation so that you, too, will feel comfortable that we are not interfering with pedestrian or vehicular traffic. Yours truly, truly, YL/,/, � d , �- Kit and Alison Nidever 13040 S.W. 107th Court t i Tigard City Council: We support maintaining the basketball hoop at 13040 S.W. 107th Court in its present location. Name Address 107 -�4 C, U �, ►c� ,i /1301 5 %S�w oc � 5�? 107�" �' /pz J? -1S-R p 1 X � � EC)LLnci tfa I in M �►i® a RD D�EGOH 25 Years M Service December 2, 1986 1461-1486 Mr. Brian J. Moore 11775 S.W. 114th Place Tigard, OR 97223 Dear Mr. Moore: <, Your letter to Councilor Brian at City Hall has been foryrarded y to his along with copies to the Mayor and other Council members. The Council will be reviewing the Code sections on right-of-way protection dealing with basketball hoops, skateboard and moto-cross ramps, and such in January. Your suggestion on a permit or per-installation basis is being F_ considered along with other suggestions. Our intent was to put you and others on notice of the potential liability which you might risk should some injury result. Meanwhile, I can assure you that there will be no fine or any other such action until further notice after Council reviews the Code in January. Yours truly, C OP TIGARD Robert Jean City Administrator cc: Honorable Mayor and City Council Bill Monahan, Community Development Director Tim Ramis, City Attorney f##aN l+def„P :$afc23397#71g +d.Oregon 9722.3 639-40 December 1, 1986 John Cook City of Tigard PO Box 23397 13125 SW Hall Blvd Tigard OR 97223 Dear Mayor Cook: I recently received notification that a basketball pole and hoop that I installed approximattt 4 years ago and okayed by your city engineer is in violation of c+ty municipal code Section 10.32.200 which states that no Item shall interrupt or obstruct passage of pedestrians or vehicular traffic. As to passage of pedestrians, the pole takes up less sidewalk space than the mailboxes on our street. As for vehicular traffic, there have been all types of vehicles from tractor trailer rigs down to bicycles, including city vehicles, and their movements have not been hampered by the pole. The pole is located at the end of the street on a cul-de-sac. The street has minimal traffic and the pole does not impair visibility. It is hard to believe that a basketball pole causes more of an obstruction _ than the vehicles people park or leave abandoned along our neighborhood streets. When the pole and hoop were designed, it was done so as to be aesthetically pleasing using a laminated cedar ornamental pole and fiber- glass backboard. It was installed for the use of all the neighborhood and many of the families use it year-round. My son, at age 10, plays basketball In the Tigard Basketball Association program and is not old enough to head off to the nearest park or schoolyard to practice, which the nearest is approximately 2 miles away. My hope is that the city will review at least on a the installation of basketball per-installation basis poles and hoops in residential areas. It would be a shame to remove something that is used by all the neighborhood. I would appreciate your attention in this matter, as there is a $250 a day fine for noncompliance. If any questions arise, I would be happy to help. My home phone is 620-6972 and my work phone is 643-5454, Ext 351. Sincerely, N The Brian J. !bore Family 11775 SW 114th Place Tigard CITYOF 711 ARD December 4, 1986 OREGON 25 Years Of Service 1961.1986 Dear Property Owner: Recently the City advised you that all basketball hoops in the public right-of-way are in violation of City codes. We have received several calls concerning this policy. Please be advised that the City takes the position that any liability which results from use of these basketball hoops in the right-of-way, if any, rests with the property owner and person who erected the hoop:' The City will review whether the policy of requiring removal is the only available alternative. Some property owners have suggested signing a waiver of responsibility. Hy staff will look into the feasibility of this and report to the Council. Tentatively, we have scheduled a discussion with the City Council for January 19, 1987. At that time, your input will be appreciated. Sincerely, 1 William A. '24onahan, . Director, Cousunity Development UW27ti2 5r . _ RD November 3. 3986 C1 6A OREGON 25 Vena of SerHoe is�If-web Gervxs A. & Dortha L. Terrill 12160 SW Summer Street Tigard, OR 97223 re: WCTM iS &e TL a.k.a. I?tEz� a�lt'R"'pr Srr nr - Dear Property Owner: that several residences within the city have It has come to my attention such as basketball hoops, fences, placed objects in the public right-of-4"Y rson shall and mailboxes. Tigard Municipal Code street 32.200or ertates ' Oy,pe 4alk or place. park, deposit or 1 prevents, interrupts or cuW&ny article or thing or material which or vehicular traffic." obstructs the free passage of pedestrian Violation of the above ordinance carries a penalty of up to $250 per day of violation. - We request your cooperation in the removal of any such objects under your control. on� you may contact me between the hours of 9 If you have any qusstia.m• and p.m. at 639-9171, ext. 1316. Very truly yours, caon}>� 8�►10 llodRsforc�nt officer 06:sb3137 n 9 w? 4 (5"6394M I i OATH OF OFFICE State of Oregon) ) ss City of Tigard ) I, Loreen R. Wilson do solemnly swear that I will uphold and support the Constitution of the United States of America and the State of Oregon and the Charter and ordinances of the City of Tigard. I will faithfully, honestly, and impartially perform the duties of City Recorder to the very best of my knowledge and ability so help me Cod. Loreen R. Wilson, City Recorder ATTEST: Jay E. Cook, Mayor Robert W. Joan, City Administrator CITY OF TIGARD, OREGON Z/ COUNCIL AGENDA ITEM SUMMARY AGENDA OF: December 15, 1986 DATE SUBMITTED: December 2, 1986 ISSUE/AGENDA TITLE: Public Hearing PREVIOUS ACTION: planning Commission ZOA 7-86 Home Occu ations recommendation on 12/2/86 PREPARED BY: Deborah A. Stuart DEPT HEAD OK4 ,.LITY ADMIN OK REQUESTED BY: POLICY ISSUE INFORMATION SUMMARY The Planning Commission met on December 2, 1986 and recommended approval of ZOA 7-86, which revises the Home Occupation Chapter of the Community Development Code (18.142). The revisions encompass three broad areas: 1) expansion of the purpose statement in Section 18.142.010; 2) creation of two new categories of home occupations - Type I and Type II - which differentiate between different intensities of use associated with home occupations; and 3) new permitting and public hearings procedures for Type II home occupation permits. { ALTERNATIVES CONSIDERED L• 1. Approve ZOA 7--86 as recommended by the Planning Commission. 2. Approve ZOA 7-86 with modifications. 3. Deny ZOA 7-86. FISCAL IMPACT N/A - extra administrative costs under Type II applications have now been >` covered with the proposed rate of $90.00. SUGGESTED ACTION Approve ZOA 7-86 as recommended by the Planning Commission-by adopting attached ordinance. Adoption of attached resolution will approve Type II rate. DAS:bs2732P CITY OF TIGARD, OREGON ORDINANCE NO. 86- AN ORDINANCE TO AMEND CHAPTER 18.142 OF THE COMMUNITY DEVELOPMENT - HOME OCCUPATIONS. WHEREAS, the City of Tigard finds it necessary to revis its Community Development Code periodically to improve the operation and mplementation of the Code; and WHEREAS, the planning staff made recommendation of f' dings to the City of Tigard Planning Commission at three public hearings on October 7, October 21st, and November 18, 1986; and WHEREAS, the City of Tigard Planning Commission v ed to recommend approval of ZOA 7-86 at its regular meeting on December 2, 19 b; and WHEREAS, the Tigard City Council held a publi hearing on the proposed changes on December 15, 1986. THE CITY OF TIGARD ORDAINS AS FOLLOWS: Section 1: The Community Developme Code shall be amended as shown in Exhibit "A". Language o be added is UNDERLINED. Language to be deleted is shown in BRACKETS]. Section 2: That this Ordinance shall be effective on and after the 31st day after its pass a by the Council and approval by the Mayor. PASSED: By vote of all Council members present after being re by number and title only, this day of , 1986. Loreen R. Wilson, Acting City Recorder APPROVED: This day of 1986. John E. Cook, Mayor w` DAS:bs2732P 194 ORDINANCE NO. 86•- P"t 1 18.142 HOME OCCUPATIONS — Draft Purpose It is the purpose of this Chapter to regulate home occupations in residential commercial and industrial zones in a manner that will ensure that the use is: (1) A secondary, lawful use to the primary residential use of the premises upon which they are found, and (2) Not disruptive on the residential area. The purpose of this Chapter is also to; 1) permit residents of the community a choice in the use of their homes as a place of livelihood and the production or supplementing of personal income and family income; and 2) establish criteria and development standards for home occupations conducted in dwelling units and accessory structures in residential, commercial, and industrial zones. The standards contained in this Chapter are intended to assure that home occupations will be compatible and consistent with the residential uses and will not have a detrimental effect on the neighboring properties, and the neighboring residents. The standards contained in this Chapter are intended to promote the efficient use of public services and facilities by assuring these services are provided s to the residential population for which they were planned and constructed rather than for commercial or industrial uses HOME OCCUPATIONS ZOA 7-86 — PAGE 2 No person shall carry on a home occupation or permit such use to occur on property which that person owns or is in lawful control of, contrary to the provisions of this ordinance and without first obtaining or insuring that there has been obtained a permit for such use in the r :;;rer provided by this Chapter where a permit is required. It is not the intent of this Chapter to regulate hobbies. A home occupation is to be geared ultimately towards financial gain. 18. 142.020 Exemptions (a) Garage sales [are exempt from the provisions of this Chapter.] (b) Sale of produce or other food products grown on the premises. (c) Nat—for—profit hobbies. (� (d) Norse parties occurring not more than twice per year and at one location, even though the purpose of the party is for profit._ (e) Babysitters as defined in Section 18.42.020(a)(11) of the Code. 18. 142.030 Administration and Approval Process (a) The applicant of a home occupation proposal shall be the occupant of the property. (b) For a single home occupation carried on at two or more Tigard residences one Joint business tax application shall be required but each business partner must apply for a separate home tf occupation permit. Y HOME OCCUPATIONS ZOA 7-86 — PAGE 3 (c) A Pre-Application Conference with City staff is required in :3- accordance with Section 18.32.040. (d) Due to possible changes in State statutes, or regional or local policy, information given by staff to the applicant during the Pre-Application Conference is valid for not more than 6 months. (1) Another Pre-Application Conference is required if any application is submitted 6 months after the Pre-Application. 'a (2) Failure of the Director to provida any of the information required by this Chapter shall not constitute a waiver of the standards, criteria or requirements of the application. (e) The Director shall approve, approve with conditions or deny any application for a Type I home occupation. The Director shall apply the standards set forth in Section 18.142.050 of this P Chapter when reviewing an application for a Type I horse occupation. (f) The Hearings officer shall approve approve with conditions, or deny any application for a Type 1I hoe occupation. The rs Hearings officer shall apply the standards set forth in Section 3 18 142 055 of this Chapter when reviewing an application for a s Tyne II home occupation. (g) Notice of the [Director's decision] approval authority's decision shall be given as provided by 18.32.120. The decision of the approval authority may be appealed in accordance with Sections 18.32.310(x) and (b). HW OCCtipATIONS ZOA 7-86 - PAGE 4 (h) Violation of the provisions of this Chapter constitutes a Class I Civil Infraction and shall be enforced as provided in Section 5 04 180 of the Tigard Municipal Code. 18.142.035 Permit Renewal -- Applicability (a) Home occupation permits issued under the provisions of this Code shall expire after one year and an application for renewal of the permit shall be filed with the City to continue lawful operation of the home occupation business. The permit renewal application shall be approved cr denied in accordance with the provisions set forth in Section 18. 142.040 of this Code. (b) Home occupation permits which received approval prior to } November 1983 but may be nonconforming as defined in Section 18.132.090(d)(1) shall be renewed annually. The permit renewal application shall be approved or denied in accordance with the provisions set forth in Section 18.142.040 of this Code. (c) Home occupation businesses which existed without a valid Home Occupation permit prior to November 1983 shall apply for a Home Occupation permit under the provisions of Chapter 18.142. The original permit shall be valid for one year and shall be renewed annually prior to the expiration date under the provisions of Section 18.142.040. HomE OCCUPATIONS ZOA 7-96 -- PAGE 5 18.142.040 Expiration of Approval — Extension of Time Revocation f (a) Approval of a home occupation by the (Director) ap royal authority shall be effective for a one—year period. (b) The Director shall renew the permit upon: (1) Application and payment of a fee by the applicant; (2) Finding that: (A) All of the conditions of approval have been satisfied; (8) There has been no change in the original application approved by the [Director] appropriate approval authority; (G) There have been no changes in the facts or applicable policies on which the approval was based; (0) The applicable approval criteria in 18.142.050 or 18.142.055 are satisfied, (E) The applicant certifies that he/she is complvina with the conditions of approval and aarees to Comply in the future. [(c) The Director shall give notice of the renewal as provided by 18.32.120 and the decision may be appealed as provided by 18.32.310(b).] Tt; A - HOME OCCUPATIONS ZOA 7-86 — PAGE 6 (cc) (d) The Director may revoke a home occupation approval if the conditions are not satisfied as provided by the original home occupation permit or the most recent renewal. [Section 18.32.250(f).] (e) A Home Occupation Permit shall become invalid: (1) should the property on which the original Home Occupation Permit was based be sold or legally transferred to a family member who is not a resident of the home__ or (2) if the applicant moves his residence. 18.142.050 Approval Criteria for Type I Home Occupations A Type I Hone Occupation Permit shall not require a public hearings and shall be an administrative decision made by the Planning Director. No notification of a Type I Home Occupation Permit will be mailed to surrounding property owners of record. Issuance of a Type I Home Occupation Permit shall be allowed only for those home occupations which can successfully meet all of the following approval criteria, without exception and which do not possess any characteristics of uses and activities described in Section 18.142.055 below. (a) The use shall be a lawful use which shall be carried on by the occupants of the dwellings; HOME OCCUPATIONS ZOA 7-86 PAGE 7 (b) The Home occupation shall be operated: (1) Entirely within the dwelling unit and the use and any storage of materials and products shall not occupy more than 25% of the gross floor area. (2) More than one home occupation shall be allowed on any one Property only if the combined floor space usage of both home occupations do not exceed 25% of the gross floor area the dwelling. (c) The use shall be a secondary use to the primary use of the house as a dwelling; (d) There shall be no exterior indication of the home occupation; no exterior signs shall be used; no other on—site advertising visible from the exterior shall be used which informs the public of the use except [of) the address of the home occupation may be displayed; (o) There shall be no outdoor storage or display of materials, vehicles or products on the premises. Indoor storage of mater=als or products shall not exceed the limitations imposed by the provisions of the Building, Fire, Health and Housing Codes. The applicant shall be required to obtain approval from the relevant Fire District prior to storage of any flammable or hazardous materials on the property. :F.a 4 HOME OCCUPATIONS ZOA 7-85 — PAGE 8 x t; r (f) The use shall not include any retail sales other than telephone gg F sales. (g) The use shall not involve direct sales or service from the property necessitating customer traffic to the residence. (h) The home occupation shall not produce any noise or obnoxious odors, vibrations, glare, fumes, [or) electrical interference, heat, (detectable to normal sensory perception outside the structure), traffic, and discharge of materials, gases or fluids into the sanitary sewer and storm drainage systema which are either in excess of what is normally associated with residential uses or which exceed the performance standards set forth in rr Section 18.90 of this Code. tti (i) There shall be no other paid employees on the premises other than those who are permanent residents of the dwelling; (j) The use shall not require any additional parking other than that which is required for the residence. „u 18.142.055 Approval Criteria for a Type II Home occupation Permit Lal A Type II Home Occupation shall be defined as a home occupation which is of a more intensified nature or use, than a Type I home occupation. Type II home occupations may involve the use of one or more of the following characteristics: µ HOME OCCUPATIONS ZOA 7-86 — PAGE 9 Xi Detached Accessory Buildings 121 Visitors customers clients and/or deliveries A non–resident paid employee or associate .J E/ ,raft Acta► � y � Rs 1 -{e�i-t o —t �o�n'v(a') below. A Type II Home Occupation Permit shall require a public hearing held by the Hearings Officer An appeal of the Hearing's Officer decision may be made as provided in Section 18.32.310(a), Ic,Z The Hearings Officer shall approve, approve with conditions or deny an application for a Type II home occupation permit based on findings of fact with respect to each of the following criteria: The use shall be a lawful use which shall be carried on by the occupants of the dwelling; The Home Occupation may be operated within: The dwelling unit and a conforming. existing accessory structure The use and storage of materials and products shall not occupy more than 25% of the combined gross floor area Any accessory building that is used must meet Uniform Building Code requirements and be in conformance with 18.144 of the Code. K HOPS OCCUPATIONS ZOA 7-86 PAGE 10 a ii More than one home occupation shall be allowed on any one Property only if the combined floor space usage of both home occupations does not exceed 25% of the gross floor area of all allowable residential and accessory use structures on the property. The use shall be a secondary use to the primary use of the property as a dwelling; There shall be- no exterior indication of the home occupation; no exterior signs shall be used; no other on—site advertising visible from the exterior shall be used which informs the public of the use except the address of the home occupation may be displayed. There shall be no outdoor storage of materials or products on the premises. Indoor storage of materials or products shall not exceedthe limitations imposed by the provisions of the Building, Fire, Health and Housing Codes The applicant shall be required to obtain approval from the relevant Fire District prior to storage of anv flammable or hazardous materials on the property. �6Z Visitors, customers, clients or deliveries shall not exceed that normally and reasonably occurring for a residence including not more than two business visitors an hour or up to a maximum of eight per day and not more than two deliveries of products and/or materials a week. MM-OCCUPATIONS ZOA 7-86 — PAGE 11 x.N» a?'¢YS'a.A. h.tt n `,.tH.Jii The home occupation shall not produce any noise or _obnoxious odors vibrationsglare, fumes electrical interference,_ heat and discharge of materials, gases or fluids into the sanitary_ sewer or storm drainage sy stems which are either in excess of what is normally associated with residential uses or which exceed the performance standards set forth in Section 18.90 of F- this Code. r The home occupation may involve one, but no more than one, non-resident paid associate or employee working on the premises some or all of the time. Additional Requirements for a Type II Home Occupation. The Hearings Officer may impose conditions on the approval of a Type II Home Occupation Permit which it finds are necessary to assure the use is compatible with other uses in the vicinity. These conditions may include. but are not f limited to the following: Limiting the hours days, place and manner of operation. Requiring design features which minimize environmental impacts -such as noise vibration, air pollution glare, odor and dust. .3 Requiring additional setback areas lot area or lot depth or width._ Limiting the areal extent of the home occupation use and location on the site. { Designating the size number, location and design of vehicle access i points. S6Z Requiring street right-of-way to be free of vehicles at all_times. } C. Requiring landscaping, screening, drainage and surfacing of parking and loading areas. HOME OCCUPATIONS ZOA 7-86 - PAGE 12 { Limiting the extent and type of interior or exterior building remodeling. Limiti or setti standards for the location and intensity of outdoor lighting. 10 Requiring borming, screening or landscaping and the establishment of standards for their installation and maintenance. it Reguiring and deli nati the size he--"- location and materials for fences. 12 Requiring the protection and preservation of existing trees, soils, v etation watercourse, habitat areas and drainage areas. 13 Limiting the type and number of vehicles or equipment to be marked or stored on the site. 14 Any_other limitations which the Hearings Officer- or approval authority considers to be necessary or desirable to make the use comply with the pgM2305 stated in 18.142.050 or 18.142.055. 9.142.060 Aporoyal and Compliance for a Business Micansel Tax Certificate No business [license] tax certificate will be issued fora hams occupation until the home occupation application is approved and the applicant certifies that the home occupation will be operated in strict compliance with the provisions of the Chapter and the conditions of approval. 18.142.070 Time Limit and Revocation (a) The [Director] approval authority may approve a home occupation .. application subject to a specific time period at the termination }{ of which there shall be a renewal application to determineif '._ HONE OCCUPATIONS ZOA 7-86 — PAGE 13 all of the conditions and provisions of this Chapter have been satisfied. The permit shall be renewed if all of the conditions have been satisfied. (b) The Director may revoke a home occupation approval if the conditions are not satisfied as provided by the original home occupation permit or the most recent renewal permit. [Section 18.32.250.] (c) Failure to Clay the annual renewal fee shall result in the assessment of additional five dollars ($5.00) processing fee if paid within thirty (30) days after the due date; or revocation of the home occupation permit if not paid within thirty (30) days after the due date. 18 142.080 Application Submission Requirements (a) An application shall be made on forms provided by the Director and shall be accompanied by: (1) One copy [Three copies] of the applicant's statement or narrative which explains how the proposal conforms to the standards in 18.142.050 or 18.142.055. Y (2) A list of names and addresses of all persons who are A# property owners of record within 250 [100] feet of the site. (3) The required fee. (4) One plot plan of the property. One floor plan of all structures on the property. One title transfer instrument. F101'IE OCCtfFATIOMS"ZOA 7-86` — PAGE 14 , One assessor's map. The application form. Property owner's signature(s) or written authorization. OTHER RELATED REVISIONS 18.26.030 Home Occupations. A home occupation exists when a dwelling unit in a residential, commercial or industrial zone is used for a far—profit business purpose. See Chapter 18.142. 18.42.020(x)(8) Children's Day Care. Refers to services or facilities authorized, certified or licensed by the State for children's day care of six (6) or more children at any one time for a period not to exceed twelve (12) hours per day with or without compensation. See 18.42.020(x)(11). 18.42.020(x)(11) Babysitting Service Refers to day care services for children if the compensation therefore is paid directly by the parent or legal guardian or if the service is provided without any compensation in either the home of the parent or guardian or the home of the babysitter. A babysitting service provides for care for not more than five children for eight or more hours in a 24—hour period and the service may be provided for not more than four other ("part—time") children for not more than three consecutive hours in a 24—hour period. No more than a total of nine children including the babysitter's children can be present at any one f time Variation from the above constitutes a day care facility. See `i- 18.42.020(a)(8). 2693P/0043P HOME OCCUPATIONS ZOA 7-86 — PAGE 15 CITY OF TIGARD, OREGON RESOLUTION NO. 86- A RESOLUTION OF THE TIGARD CITY COUNCIL PRESCRIBING NEW PLAN NG FEES AND w. CHARGES, REPEALING RESOLUTION N0. 86-52 AND SETTING AN EFFECTIV ATE. t. WHEREAS, The City of Tigard has adopted planning ord' ances pursuant to Chapters 227 and 92 of the Oregon Revised Statutes; and WHEREAS, the adopted planning ordinances require at for the purpose of defraying the expenses arising from or incident t investigation, evaluation and processing applications fees and charges be pr cribed; and WHEREAS, Section 3.32 of the Tigard Municipal C e grants the City Council the authority to set rates for foes and charges by esolution; and WHEREAS, the Tigard City Council on Septem r 24, 1984 moved to set rates for fees at 80% of average cost; and WHEREAS, the effective date for new fe and charges rates was June 1, 1986, and, WHEREAS, the Tigard City Council v ed to approve Zone Ordinance Amendment 7-86 at a public hearing on Decembe 15, 1986, thereby amending Chapter 18.142 of the Community Developmt;nt Code tome Occupations); and k WHEREAS, the amended Chapter 1 .142 provides for new application and public hearings procedures and creates ype I and Type II Home Occupations; and WHEREAS, the effective date f r new fees and charge rates is to be January 16, 1987. NOW, THEREFORE, BE IT RES O ED by the Tigard City Council that: Section 1: Resolutio No. 86-52 be repealed in their entirety and that - fees and charges for planning applications be levied according to the ollowing new scheduled attached as Exhibit "A." Section 2; This solution shall be effective on and after the 16th day of Janu y, 1987. - PASSED: Thi day of 1986. Mayor - City of Tigard ATTEST: Acting City Recorder - City of Tigard - fv DAS':cn/2737P RESOLUTION NO 86 Pag e. 3: " tt_ EXHIBIT A JOINT APPLICATION PLANNING FEE 100% of highest planning fee plus 10% of all additional planning fees on proposal COMPREHENSIVE PLANT PROCESSING Text Only $650.00 Map Only $650.00 Both Text and Map $650.00 ZONE CHANGE PROCESSING Less than ten acres $500.00 Ten or more acres $600.00 ZONE CHANGE ANNEXATIONS Less than ten acres $500.00 Ten or more acres $600.00 ZONE ORDINANCE AMENDMENT $300.00 PLANNED DEVELOPMENT PROCESSING Conceptual and detailed plan review $700.00 CONDITIONAL USE PROCESSING Conditional use review $350.00 TEMPORARY USE PROCESSING 1 to 3 months by Director $75./mo. 3 months to 1 year by Planning r Commission/City Council $150.00 Special exemption/Non-profit $ -O- VARIANCE - ADMINISTRATIVE $200.00 SENSITIVE LANDS - FLOODPLAIN $500.00 SITE DEVELOPMENT REVIEW Under $10,000 $ 75.00 $10,000 - $99,999 $150.00 $100,000 - $499,000 $300.00 $500,000 - $999,000 $400.00 $1,000,000 or more $500.00 } $1 per $10,000 over $1 million not to exceed $2000 LAND PARTITION - RESIDENTIAL $225.00 LAND PARTITION - NON-RESIDENTIAL $225.00 SUBDIVISION PRELIMINARY PLANT $400.00 + $5/lot Subdivision variance if needed $100.00 t APPEAL OF DIRECTORS DECISION •' TO PLANNING COMMISSION $225.00 RESOLUTION NO. 86- Page 2 APPEAL .OF PLANNING COMMISSION OR HEARINGS OFFICES DECISION TO CITY COUNCIL $300.00 + Transcript Costs VACATIONS/STREETS AND PUBLIC ACCESS Actual costs FLEXIBLE SETBACK STANDARDS — DEVELOPED LOTS $100.00 HISTORIC OVERLAY DISTRICT $75.00 TREE REMOVAL PERMIT $ —0— ACCESSORY USES/ACCESSORY STRUCTURES $75.00 INTERPRETATION OF COMMUNITY DEVELOPMENT CODE BY COMMUNITY DEVELOPMENT DEPARTMENT $50.00 LOT LINE ADJUSTMENT $200.00 HOME OCCUPATION PERMIT Type I $50.00 Type II $90.00 Renewal $20.00 SIGN CODE EXCEPTION $220.00 (DAS:cn/2737P) 5. RESOLUTION NO. 86- -]P'609-3 3 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF: December 15, 1986 DATE SUBMITTED: November 5 1986 ISSUE/AGENDA TITLE: Zone Ordinance PREVIOUS ACTION: Recommendation by Amendment ZOA 8-86 Planning Commission October 21, 1986_! PREPARED BY: Deborah A. Stuart DEPT HEAD OK TY ADMIN OK REQUESTED BY: POLICY ISSUE Should temporary use recipients receive permission to erect one temporary sign in conjunction with the TU approval without getting a separate temporary sign permit application ? INFORMATION SUMMARY Zone Ordinance Amendment incorporates revisions to Chapter 18. 114 of the Community Development Code which discusses the Sign Code. The revisions are limited to temporary signs only. Attached are the minutes of the October 21st Planning Commission meeting. ALTERNATIVES CONSIDERED 1. Approve Zone Ordinance Amendment 8-86 as recommended by the Planning Commission. 2. Approve the amendment with modifications. 3. Deny the Zone Ordinance Amendment. FISCAL IMPACT SUGGESTED ACTION Approve Zone Ordinance Amendment 8-86 as recommended by the Planning Commission. 2698P/0043P AGENDA ITEM _ CITY COUNCIL MEMORANDUM CITY OF TIGARD, OREGON TO: City Council DATE: FROM: Deborah A. Stuart, Asst. Planner btffiA SUBJECT: Sign Code Revisions - ZOA 8-86 The following incorporates revisions to the Sign Code Chapter of the Community Development Code (18. 114). Zone Ordinance Amendment 8-86 was recommended for approval to the Council by the Tigard Planning Commission at its October 21, 1986 public hearing. Proposed deletions are indicated by (brackets) and additions are indicated by underlines. These revisions are limited only to temporary signs. More extensive Sign Code revisions can be expected in the near future. Passage of this Zone Ordinance Amendment would allow one freestanding temporary sign no greater than 12 square feet in area on any one premise without a temporary sign permit or no more than one temporary wall sign or banner with a maximum area of 18 square feet on any one premise. Both of the two specific sign types would be exempted from temporary sign permit requirements so long as they do not exceed the maximum area allowed, the number allowed on a premise (one) and that the sign remains up no longer than sixty days. Prior to this amendment, all temporary signs were required to have a temporary sign permit and all were limited to 12 square feet in area. SIGN CODE REVISIONS p. 207 18.114.015 (c)(43) (existing definition) (43) Temporary Sign. Any sign, "A" board frame, banner, or advertising display which is not permanently erected or permanently affixed to any sign structure, sign tower, or building and which is not an electrical sign or an internally illuminated sign or one with changeable message characteristics. p. 210 18.114.060 Sian Exemptions (a) The following signs and operations shall not require a sign permit but shall conform to all other applicable regulations of this Chapter and the provisions of subsecti-n (b) below: (1) Signs advertising exclusively the sale, rental or lease of premises on which the signs are located; (2) memorial signs of tablets, names of buildings and dates of erection, if either cut into any masonry surface or constructed of bronze or other incombustible material; (3) Signs denoting the architect, engineer, contractor, and similar information concerning a subdivision or development and placed on the construction site; (4) Signs denoting one time clearance sales of household goods (e.g. a garage sale); (5) Signs promoting or opposing a candidate or measure in a specific election; (6) Ideological signs; (7) Signs of temporary nature advertising events or products for sale for nonprofit organizations. (8) Signs of a temporary nature which meet all of the following criteria: there is no more than one temporary sign on the remise• for each tem rar si n in excess of the one exam ted sin a____tem20rar si n no 4t shall be required as provided in 18.114.100• and ners which do not exceed 18 wall signs or wall ban squarefeet in area or freestanding signs which do not exceed 12 square feet in area. Lcc , the temporary sign will be erected for a_ period no longer than sixty t60) days. (8) (g) Nothing in this title shall prevent the erection, location or construction of signs on private property where such erection, construction or location is required by any law or ordinance nor shall any public agency or utility be prohibited from erecting signs on private property when otherwise permitted. (g) (10) Nothing in this title shall prevent the erection, location or construction of directional or instructional signs on private property When such signs are solely designed to direct or to guide or to instruct pedestrians or vehicular traffic while on the parcel of real property on which the signs are located. No sign permit or fee shall be required for such signs. SIGN CODE REVISION ZOA 8-86 — PAGE 2 t p. 211 18.114.060 (b) (b) All signs exempt from permit requirements under subsection (a) above shall meet the following requirements: (1) The sign shall be erected on private property with the consent of the lawful possessor of the property and shall not be placed on utility poles or in the public right-of-way. (2) Except as otherwise stated in 18.114.060(a)(8) above, the total area of exempted signage per parcel shall not exceed 6 square feet in single family residential, 12 square feet in multifamily zones, 15 square feet in C-N zoning districts, and 70 square feet in other zoning districts, x regardless of the number of signs. (3) At least one sign shall be permitted per parcel of land; additional signs on such parcel shall be spaced at least 50 feet apart in residential zoning districts and 30 feet apart in nonresidential zoning districts. (c) Signs exempt from permit requirements under subsection (a) (1) and (3-5) shall be removed within (14) days from the and of the event displayed. p. 216 6 217 18.114.100 (c)(4) (existing) ff (8) The total area of one freestanding sign shall not exceed 12 square `m feet, and for wall signs 18 square feet. (C) See definition 18.114.015(c)(43) (TEMPORARY SIGNS) for types approved. 2698Pl0043P i SIGN CODE-REVISION ZOA_8-86 PAGE 3 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF: December 8, 1986 DATE SUBMITTED: December 8, 1986 ISSUE/AGENDA TITLE: Amendment to PREVIOUS ACTION: TMC 11.04 Solid Waste Management PREPARED BY: William A. Monahan DEPT HEAD OKt,Lky\, CITY ADMIN OK REQUESTED BY: POLICY ISSUE Should the Council revise Chapter 11.04 of the TMC to update the chapter? INFORMATION SUMMARY The Utility and Franchise Committee has proposed several revisions to Chapter 11.04 of the TMC to recognize changes in ownership and direction of the franchisee, new procedures and dates for rate analysis and adjustment. The Council on November 24, 1986, directed the staff to prepare the necessary ordinance to incorporate the changes proposed. ALTERNATIVES CONSIDERED 1. Take no action. 2. Revise TMC Chapter 11.04 by incorporating the changes suggested by the Committee in the ordinance. - FISCAL IMPACT SUGGESTED ACTION The staff and Committee recommend that the Council revise TMC Chapter 11.04 by adopting the attached ordinance incorporating the charges suggested within the staff memo attached. WAM:bs2762P MEMORANDUM CITY OF TIGARD, OREGON TO: Members of the City Council December 10, 1986 FROM: William A. Monahan t14411� SUBJECT: METRO Proposed Rate Increase The Utility and Franchise Committee met on December 9, 1986. During the meeting, a proposed rate increase of between 14-18% for the landfills was discussed. A copy of the METRO report on this issue is included in your Council Mail for December 15. The Committee asked me to pass on to you their unanimous motion that they: "Request the City Council to submit a letter indicating our displeasure with the exorbitant proposed increase." The Committee was told, however, that the proposal may not be acted upon on December 18, 1986, due to the change in administration at METRO. They expect soma revisions will be made. WAM:cn12773P MINE r. �. �— - MEMORANDUM CITY OF TIGARD, OREGON TO: Members of the City Council December 10, 1986 FROM: William A. Monahan L/ ''7�J SUBJECT: METRO Proposed Rate Increase The Utility and Franchise Committee met on December 9, 1986. During the meeting, a proposed rate increase of between 14-18% for the landfills was discussed. A copy of the METRO report on this issue is included in your Council Mail for December 15. The Committee asked me to pass on to you their unanimous motion that they: "Request the City Council to submit a letter indicating our displeasure with the exorbitant proposed increase." The Committee was told, however, that the proposal may not be acted upon on December 18, 1986, due to the change in administration at METRO: Thoy expect ,a- some revisions will be made. WAM:cnl2773P x �. is CITY OF TIGARD, OREGON ` COUNCIL AGENDA ITEM SUMMARY AGENDA OF: December 15, 1986 DATE SUBMITTED: December 8, 1986 ISSUE/AGENDA TITLE: Right--of=d ay PREVIOUS ACTION: Council request for Dedication for Phillips furl-ar information M 8-84/MLP 6-84 PREPARED BY: Keith Liden DEPT HEAD OK ITY ADMIN OK REQUESTED BY: POLICY ISSUE T INFORMATION SUMMARY At the November 24, 1986 Council meeting, the issue of right-of-way dedication along the 108th Avenue frontage of the Phillips' property was discussed. Before the Council made a determination as to whether the five-foot dedication should have been made in conjunction with a previous land use decision, additional information was requested. A memorandum, Director's decision, survey map and letters from Roger Anderson, Tim Ramis and Mrs. Phillips are attached. ALTERNATIVES CONSIDERED 1. Determine that City staff should have required right-of-way dedication and require the dedication of the remainder to meet the condition of approval for M 8-84/MLP 6-84. 2. Uphold staff's interpretation and require dedication in conjunction with the Dover Landing Plat. tS FISCAL IMPACT SUGGESTED ACTION Review the information, support staff's interpretation and require dedication in conjunction with the Dover Landing Plat. cw/452A u i d:'q, y.F rT4- MEMORANDUM 4 CITY OF TIGARD, OREGON TO: Honorable Mayor & City Council December 8, 1986 FROM: Keith Liden, Senior Planner SUBJECT: Right-of-Way Dedication for Phillips' Property In 1984, lot line adjustment and partition approval was granted for the Phillips' property (M 8-84/MLP 6-84). Condition 2 of the decision stated: ng Additional right-of-way shall be dedicated to the public to 25 S.W. 108th Avenue frontage to increase the rigl't-it -way feet from centerline. When Mr. Phillips worked to meet this and the other conditions of approval, the ate staff worked out a compromise arrangementandereuiredinvolved �mindlthe dedication for the portion of the property partition. It was agreed with Mr,be Phillips h that fiave -futurefoot �partition l000r the remaining frontage wouldrequired ` development occurred. adjuCouncil should note that the City did not review lot line ted in November, suntiltmnts 1983 and the City the new Community Development Code was adop policy regarding conditions of approval was not clearly defined. Further, the two-step decision was influenced by the fact that the Phillips' property was the only incorporated property on 108th Avenue and no development in this area was anticipated in the near future. The staff policy has been to require right-of-way dedication in conjunction T with lot line adjustments. From a technical standpoint, the five-foot dedication should have been made in conjunction with M 8-84/MLP 5-84. The staff decided that it would not be necessary until further development (such as Dover Landing) occurred. Copthe survey ies of the Director's decision, map. and letters from Roger Anderson, Tim Ramis and Mrs. Phillips are attached. cw/4452A 3 Attachments Y z ax CITY OF TIGARD NOTICE OF DECISION LOT LINE ADJUSTMENT M 8-84 ` MINOR LAND PPRTITION MLP 6-84 APPLICATION: Request by Elton and Jeanne Phillip to adjust two parcels of 1.61 and 2.91 acres into two parcels of 2.27 and 2.25 acres and to divide the 2.27 acre parcel into two lots of 1.07 and 0.85 acres and a 15,020 square foot parcel for common access. The property is coned R-2 (Residential, 2 units/acre) and located at 16565 SW 108th Avenue, Tigard (Wash. Co. Tax Map `sr 2S1 15A, Tax Lot 1100 and 1102). DECISION: Notice is hereby given that the Planning Director for the City of Tigard has APPROVED the above described applications subject to certain conditions. The findings and conclusions on which the Director based his decision are as noted below. A. FINDING OF FACT 1. Background The property has recently been annexed to the City (ZCA 11-848) 2. Vicinity Information The property is surrounded by parcels of comparable size which are within the City's Urban Growth Boundary but are currently under Washington County jurisdiction. S. Site Information and Proposal Description The 2.91 acre parcel contains one house and the 2.27 acre parcel is undeveloped. The western section of the property is within the 104 year flood plain of the Tualatin River. The central portion of the property is within a sensitive lands area. This designation is due to the presence of a steep ravine that is a )' significant wetland and wildlife area. The applicant proposes to enlarge the 2.27 acre parcel by 0.66 acres and then divide this tract into three parcels of 1.07, 0.85, and 0.34 acres. The smallest parcel is intended to be utilized as a common access for the two homesites from 108th Avenue. 4. Agency and NPO Comments The Engineering Division has the following comments: a. Much of the property is within a sensitive lands area as identified in the City Comprehensive Plan because of the presence of a flood plain and steep slopes. NOTICE OF DECISION ="M 8-84 S MLP 6-84 - PAGE i 1 E r j �-Y.'r,.i e...•c _e�._ „s.xn ti'3,., _ ;p7r—c y.� b. The lower portion of the ravine (below 128 foot elevation) is within the 100 year floodplain and should be dedicated to the public as greenway. C. The remainder of the ravine between 128 and 140 feet in elevation should be shown in relationship to the proposed property lines. d. A Sensitive rands Permit will be required for any development proposed below the 140 foot contour lines. e. Sanitary sewer easements need to be recorded for each parcel which does not have direct access to the proposed public sewer line to be installed near the bottom of the ravine. f. As proposed with the separate 50 foot wide access parcels, the application should be considered as a major partitioning. Also, this parcel should be combined in some manner with one or more of the three parcels to clarify the ownership status of the access road. Arrangements for easements will vary depending upon the ownership of the roadway. g. 108th Avenue is classified as a local street. City standards call for a right-of--way width of 25 feet from centerline. It appears that additional right-of-way should be dedicated to ►aet this standard. The Building Inspection Office, Washington County land Use and Transportation Department, and MPO 0 6 have no objection to the request. The. Tualatin Rural Fire Protection District has not submitted comments. B. ANALYSIS AND CONCLUSION The proposal is consistent with the requirements of the R-2 zone. The existing house will meet the setback standards and all of the resulting lots will exceed the minimum lot size required of 20,000 square feet. Preliminary information indicates that the two undeveloped parcels will have homesite locations outside of the sensitive lands area. The partition portion of this application should be modified to eliminate the separate 5o foot wide access parcel. This area should be incorporated as part of the other parcels with the appropriate easements provided for any lots that do not include ownership up to 108th Avenue. NOTICE OF DECISION - M 8-84 6 MLP 6-84 - PAGE 2 Finally the applicant should be aware that a Sensitive Lands Permit will be necessary prior to construction activity, including the proposed sewer line, below the 140 foot elevation. I C. DECISION The Planning Director APPROVES M 8-84 and MLP 6-84 subject to the following conditions: 1. UNLESS OTHERWISE NOTED, ALL CONDITIONS SHALL BE MET PRIOR TO FINAL APPROVAL OF THE LOT LINE ADJUSTMENT AND PARTITIONING. 2. Additional right--of-way shall be dedicated to the Public along the SW 108th Avenue frontage to increase the right-of--way to 25 feet from centerline. The description for said dedication shall be tied to the existing right-of-way centerline as established by Washington County (Co, Rd. N 1366). The dedication document shall be on City forms and approved by the Engineering Section. DEUICATIONS FORMS AND INSTRUCTIONS ARE ENCLOSED. 3. Joint use and maintenance agreements shall be executed and recorded on City standards forms for all common driveways. Said agreements shall be referenced on and become part of all applicable parcel deeds. Said agreement shall be approved by the Engineering Section. JOINT USE AND MAINTENANCE AGREEMENT FORMS ARE ENCLOSED. 4. The following modifications and information shall accompany the final partitioning and lot line adjustment documents for Planning Director approval: i a. Verification showing that the two undeveloped parcels will include a building site outside of the sensitive lands area F as defined by the City. b. The 50 foot wide access parcel shall be eliminated and incorporated as part of one or more of the three parcels. S. The area within the 100 year floodplain shall be dedicated to the f public on City forms (enclosed). 6. Copies of the recorded lot line adjustment and partitioning shall be submitted to the Planning Department within 15 days of recording. 7. A City approved non-remonstrance agreement against future street g improvements shall be signed by the applicant. The form shall be t available from the Engineering Division. 8. This approval is valid if exercised within one year of the final decision date noted below. NOTICE OF DECISION - M 8-84 6 MLP 6-84 - PAGE 3 fS 0. PROCEDURE " 1. Notice: Notice was published in the newspaper, posted at City "tr Hall and mailed to: The applicant & owners Owners of record within the required distance x The affected Neighborhood Planning Organization Affected governmental agencies 2. Final Decision: THE DECISION SHALL BE FINAL ON UNLESS AN APPEAL ` IS FILED. 3. Appeal: Any party to the decision may appeal this decision in accordance with Section 18.32.290(A) and Section 18.32.370 of the Community Development Code which provides that a written, appeal must be filed with the CITY RECORDER within 10 days after notice is given and sent. The deadline for filing of an appeal is 4:30 P.M. '4. Questions: If you have any questions, ploase call the City of Tigard Planning Department, Tigard City Hall, 12755 SW Ash, PO Box 23397, Tigard, Oregon 97223. 639-4171. W am A. Monafian, Director of Planning 6 Development DATE APPROVED (KSL:dmj/O805P) I -- - ' Tu.A_LA_IN r NOTICE OF DECISION - M 8-84 6 MLP 6-84 — PAGE 4 4 f Co,� Lo$ ZS OD `off A ol.. 8 9 0 S& W183 . • /82•SZ' h n/ 89`S49 W. \9 O 300.4a ' oz � m 3 r N 4 37.3zS:3V so Fr. r 9 1` - � 0: U r F�oa o N•8 9 SSG'vY• O �Q• + 1l Sw Cc�r . Lot Z9 0 O tv a v N n/ 89 o-s'6 ' YV. 1 cJVE0 ANDERSON & DITTMAN DEC �J86 ATTORNEYS AT LAW J TIGARD PROFESSIONAL CENTERO�NNE« 8863 S.W. CENTER STREET 'O7T1 CA ws• P. O. BOX 27006.TIGARD. OREGON 97227 TELEPHONE (SO9) 639.1171 DERRYCK H. DITTMAN ROGER F. ANDERSON December 1, 1986 Timothy V. Ramis O'Donnell, Ramis, et al Attorneys at Law 1727 NW Hoyt Street Portland, OR 97209 Dear Mr. Ramis: Re: Dover Landing PD 2-86 and Phillips - Adjustment of Minor Land Partition M-84 and MLP 6-84 At the City Council hearing on November 24, 1986, my recollection is that the City Council directed you and the City staff to determine whether or not the second condition of the Notice of Decision approving minor land partition, MLP 6-84, and lot line adjustment M-84 requires'Mrs. Phillips to dedicate right-of-way to 25 feet from center line on the front of all the property involved in those proceedings as the wording of the condition states. For your ready reference,, I am enclosing an additional copy of my letter to the City Council and the Notice of Decision regarding MLP 6-84 and M-84. In addition to the points and comments in my letter of November 24, 1986 to the City Council, I would add the following: J. Mrs. Phillips, whose husband has since passed away, has an obligation to complete the dedication of this frontage, and the City has an obligation to enforce its decisions which are for the benefit of all the public, including Mr. Waymire. Mr. Waymire now owns part of this land which he purchased from Mrs. Phillips and the platting of Dover Landing will complete the required dedication, if Mrs. Phillips is required to sign the plat or otherwise dedicate. the right of way. 2. Mrs. Phillips has sold part of the property that was the subject of the lot line adjustment and minor land partitioning to Mr. Waymire. However, the new property lines do not match those of the previous parti- tioning. Therefore, the sale to Mr. Waymire would create illegal lots unless Mrs. Phillips joins in the signing of the subdivision plat so that the new property lines are thereby approved when the plat is approved. i Timothy V. Ramis Page Two December 1, 1986 3. The City should maintain a consistent policy of requiring dedi- cation of right of way to obtain the appropriate street width whenever there is a lot line adjustment or minor land partitioning, and the City staff Should not be permitted to deviate from that policy particularly where the Planning Director's decision requires such a dedication. 1 will be happy to discuss this matter further with you at your convenience. Very truly yours, { ` ANDERSON 6 TTMAtd Roger F. Anderson Enclosures RFA:PP cc: Kenneth Waymire Stanley Sharp, Esq. 5 al - - - +k..» iB.zx'PtY.F Sir`,ix`F ..•k:.�`y D'DommELL, RAMIE, ELLIOTT Sc CREW MARK P.O'DONNELL ATTORNEYS AT LAW CANOV TIMOTHY V.RAMIS IBI N.GRANT.SUITE 202 KENNETH M.ELLIOTT BALLOW 6 WRIGHT BUILDING CANBY.OREGON 97013 STEPHEN F.CREW 1727 N.W.HOYT STREET (5031266-1149 CHARLES E.CORRIGAN- PORTLAND,OREGON 97209 JOSEPH M.SULLIVAN 1.3031222-4402 ADMMfTRATNIC AaGOTANT KENNETH H.FOX MARGARET C.HAND _ SUSAN I'SOTOSHARON L.WILLIAMS JEFF BACHRACH PLEASE REPLT TO PORTL na Orrtcr KATHERINE A.FLYNN MARK O.WHITLOW O.-C X045" • ALSO ADMITTED TO PRACTICE IN STATE Or WASHINGTON December 2, 1986 Mr. Bill Monahan City of Tigard P. O. Box 23397 Tigard, OR 97223 Re: DoverLanding• Roger Anderson Letter Dear Bill: Please review the enclosed letter from Roger Anderson. I believe we indicated at.the hearing that we would give an additional look at the wording of the condition. The condition appears to me to require dedication along the entire frontage. Let me know if your records indicate some other intent. VeVc yours, 'TiRamis • TV Enclosure 1SW 108th Ave. Tigard, OR 97224 December 21 1986 Mr. Keith Liden City of Tigard CITY OF TIGARD 13125 SW Hall Blvd. PLANNING DEPT. Tigard, OR 97223 Dear Mr. Liden: of 5' land frontage on 108th Ave. Re: Dedication f Mr. Waymire paid me a visit yesterday and informed me that there was doubt in his mind that I would be forcehei storeetddevelopmentication 04 f of e f no for t l feet frontage of my 179.50' property his project. I to Bill Monahan, and he advised me that, a determination then talked would be forthcoming thlshould.knowwanted beforeeyou four making this points that I think you determination. e was 84 on tax ot it j.. When the land sal tem. Atthatte in ime my late husband and was hooked into a sewer y _ sewer ok- decided we should also have lothook-up up tdueh toselevationeproblemsoand up was never completed to property to be annexed into therefore, it was never necessary for mysince o969.tax lot 1101 as that had the City. The dedication was made onl� always been a separate identity. 1986, and 2. I made the b 1Mrd Waymire)nd sale to Waymire on Oct. 9, stated that no frontage was to nbe surrendered but I didsde on act and deed (made by for curb installation. After the sale I pay saw a blueprint of the dvw@Opemtotbwe installedich was aon 1O9th2Avel. that sidewalks and wide streetthis to my must have known this long before Oct. 9 but did not bring attention. 2 did tel him long before Oct. 9 that I would never go along with a land sale if my 100 year old fir trees were damaged or destroyed. $ 3. I have no intention to stop Waymire's development and will give up five feet of frontaei�t�ecebu�rWaymirestrong havestipulations it from regarding the tree damage me and he can dedicate it to the City. om me 4, 1'1y neighbor Roger speeCe) directly so Waymire will oss haverto dealawiththim dedicated his frontage either Y as well. his time consuming issue Thank you for your patience in regard to t . I would appreciate hearing from you after a determination is reached. 9incer.elys , f t, CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF: December 15 1986 DATE SUBMITTED: December 12_ 1986 ISSUE/AGENDA TITLE: Resolution PREVIOUS ACTION: Creating a City Center Task Force PREPARED BY: William A. Monahan DEPT HEAD OK CITY ADMIN OK REQUESTED BY: Councilor Valerie Johnson POLICY ISSUE Should the City Council create a City Center Task Force to prepare a revitalization plan? INFORMATION SUMMARY Councilor Valerie Johnson has been working with the staff and Economic Development Committee to activate a study of the downtown area. Working wit►, PSU, we have developed a solid data base and now need to designate a task force to coordinate the study. Based on a series of discussions, the attached resolution was prepared creating a Task Force. ALTERNATIVES CONSIDERED 1. Pass the attached resolution creating a Task Force for the City Center . Plan. 2. Revise the attached resolution and pass the modified resolution. 3. Take no action. FISCAL IMPACT Creation of the Task Force will coincide with the recent allocation of funds to the Community Development Department to fund a downtown study. The Task Force may require additional support not anticipated by the staff. SUGGESTED ACTION The staff suggests that the City Council pass the attached ordinance creating a City Center Task Force. C (2771P) CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF: December 15 1986 DATE SUBMITTED: December 12, 1986 ISSUE/AGENDA TITLE: Economic PREVIOUS ACTION: Adoption of Resolution Development Role Discussion Nos. 83-103 and 85-15 PREPARED BY: William A. Monahan DEPT HEAD OK -CITY ADMIN OKREQUESTED BY: Economic Dev. Committee POLICY ISSUE Should the City Council revise Resolution No. 83-103 and 85-15 which created the Economic Development Committee. - INFORMATION SUMMARY During the Council/Economic Development Workshop, the Committee expressed concern about its role and responsibilities . To better define the role, the Committee was asked to generate ideas. On September 16, 1986, the Economic Development Committee discussed proposals to modify Resolution No. 83-103 to reflect the role of the Economic Development Committee. Attached is a copy of Resolution No. 83-103, and a new resolution proposed to build upon the Committee composition and general goals of Resolution No. 83-103. ALTERNATIVES CONSIDERED 1. Review the Economic Development Committee's proposed changes and take action to revise Resolution No. 83-103 and 85-15 by adopting a new resolution. 2. Review the Economic Development Committee's proposed changes and delay action. FISCAL IMPACT SUGGESTED ACTION Review the Economic Development Committee's proposed changes and adopt the resolution attached. �_, /br2786P MEMORANDUM CITY OF TIGARD, OREGON TO: Members of the City Council December 12, 1986 FROM: William A. Monahan, Director, Community Development SUBJECT: Economic Development Committee Role Discussion The Economic Development Committee has suggested that the City Council revise the mission statement for the Committee contained in Resolution No. 83-103 and 85-15. At its meeting of September 8, 1986, the Committee voted to request that the Council modify the resolution by inserting the following directions: 1. The TEDC develop, for the City, a philosophy to attract new businesses to the area. 2. TEDC enhance the existing business climate. 3. TEDC facilitate cooperation with neighboring communities on the issues of: economic development, transportation and planning. 4. -',EDC to act as an Ambassador to the Tigard Business community. Promote doing business in Tigard. 5. TEDC participate in downtown plan development with staff 1986-87. (Further, it is suggested that an architectural review committee be selected for downtown Tigard). 6. TEDC participate in the Tigard Triangle plan development with staff 1986-87. The Committee desires to take a more active role in attracting new businesses. The Committee has recently spent a considerable amount of time developing ideas for a downtown improvement plan. The Committee negotiated with Portland State University to utilize a class from PSU in our downtown plan. Now, the Committee wishes to strengthen its direction and become more active in attracting new business to Tigard. With the recent approval by Council of additional staff in the Planning Division, we are able to offer adequate staff resources to keep pace with the Committee's energies. I recommend that the Council approve the proposed revisions to enhance the Committee role defined in Resolution No. 83-103 and 85-15. (br2786P) ® CITY OF TIGARD, OREGON RESOLUTION NO. 83-1Q,j IN THE MATTER OF CREATION OF AN ECONOMIC DEVELOPMENT COMMITTEE AND REPEALING RESOLUTION NO. 83-99. WHEREAS, the City of Tigard's Comprehensive Plan, contains an Economy Element which identifies the need for an Economic Development Program, and WHEREAS, the element calls for the creation of an economic development steering committee to assist the City in developing and implementing an economic development program, and WHEREAS, the Director of Planning and Development has worked with a steering committee to formulate an economic fact sheet describing the City and its resources, and WHEREAS, the Director has now recommended the formation of an official Economic Development Committee to build upon the comprehensive plan and the work of the steering committee, and WHEREAS, the City Council has indicated its interest in forming an official Committee. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF TIGARD, AS FOLLOWS: 1. The City of Tigard hereby creates the Economic Development Committee to work with the Director of Planning and Development to prepare an economic development plan for the City. 2. The Committee will consist of nine members, no more than two of whom may be non residents of the City of Tigard, to be appointed by the City Council. Initially, four members will be appointed for two ye.ir terms and four for one year terms. Ttie remaining position, that of the Mayor, will run continuous with the term of office. Subsequent appointments, except that of the Mayor, will be for two year terms except where an appointee is completing the unexpired term of a previous committee member. Committee members shall receive no compensation. 3. The Committee shall be composed of the following nine members: a. The Mayor of Tigard b. A representative of the Tigard Triangle Area. C. A representative of the Central Business District. d. A representative of the North Tigard/Cascade Blvd. area. e. A representative of the 72nd Avenue Industrial area. f. A commercial banking representative. g. An at large member. h. An at large member. i. An at large member. RESOLUTION NO. 83-1 Y, 4. 1i�e Director of Planning and Development and a representative 01 the Tigard Area Chamber of Commerce will serve as ex-officio members. 5. The Committee is authorized to create special subcommittees and enlist the aid of private citizens to study special areas of concern and assist in the compilation of area inventories. 6. The Committee shall meet at least once in every calendar month at at specified time and place. PASSED: By the City Council on the 7L day of Nov mh r 198,x_ ATTEST: - s � 7 Citytecorder r' Mayor - City o igard APPROVED TO FORM: City Attorney A { 1 RESOLUTION 83-)03 (WAM;dmj(0215P) CITY OF T7GARD, OREGON RESOLUTION NO. 85-� A RESOLUTION OF THE TIGARD CITY COUNCIL REVISING THE MAYOR DESIGNEE'S TERM OF OFFICE TO TILE TIGARD TRANSPORTATION ADVISORY COMMITTEE AND TILE TIGARD ECONOMIC DEVELOPMENT COMMITTEE. WHEREAS, according to •the provisions of Resolution No. 84-62, creating the Tigard Transportation Advisory Committee and Resolution No. 83-103, creating the Tigard Economic Development Committee, the Committees shall consist of nine members one of whom on each committee shall be the Mayor or his designee; and WHEREAS, it has been suggested that the Mayor be able to appoint a designee with an unlimited length of term to serve at the Mayor's discretion for him as designee on each of these committees: NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council that: Whomsoever the Mayor of Tigard chooses and also providing the party is interested in serving, may be appointed to serve on the Transportation and Economic Development committees with an unlimited term to coincide with the Mayor's term and at his discretion as his designee with approval of Council. PASSED: This day of 1985. Mayor - City of Tigard ATTEST: :* Deputy City Recorder - City of Tigard r4 (dc/0502p) 4 RES NO.- $5 ` z x MEMORANDUM CITY OF TIGARD, OREGON S t TO: Honorable Mayor and City Council December 5, 1986 FROM: Loreen Wilson, Recorder SUBJECT: Downtown Plan Authorization Due to scheduling difficulties, this item will be hand—carried on 12/15/86. Council Liaison, City Administration, and Community Development staff will be meeting during the week of 12/8/86 to discuss this issue further, lw/4435A �9 Y{dam e CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF: December 15 1986 DATE SUBMITTED: December 5, 198.6_ ISSUE/AGENDA TITLE: Parks SDC PREVIOUS ACTION: None Rebate Request Discussion PREPARED BY: William A. Monahan DEPT HEAD OK ITY ADMIN OK REQUESTED BY: POLICY ISSUE Should the City Council refund Parks SDC funds to a developer who has dedicated park land and improved the site? INFORMATION SUMMARY Russell Krueger, applicant for the zone change associated with Winterlake, has requested that the Council allocate funds from the Parks SDC account to compensate him for improvements made to land which he dedicated for park use. The grading which he completed should have been completed by the actual subdividers of the land. They were unable to do that, however, as the City requested delay of the dedication while pursuing a state grant for park development. Russ completed the grading and since he has been unable to get contributions from the subdividers, he feels that the City should assist him since the builders of the 197 lots including in the various subdivisions will each pay a parks SDC at the time of building permit issuance. ALTERNATIVES CONSIDERED 1. Take no action. 2. Determine that the City should contribute in the cost of grading and improving the park. Direct staff to come back with revisions to the SDC policy to provide for rebates, or 3. Direct the staff to allocate funds from the parks SDC to contribute to development of the park. FISCAL IMPACT Any rebate will affect the ability of the City to make future park improvements under the CIP. Winterlake improvement, however, would be a future capital project. SUGGESTED ACTION The staff suggests that the Council discuss the issue and determine if the City should participate in the cost of developing the park. The staff feels that justification does exist for some contribution. WAM:cn/2764P Ll:P MEMORANDUM CITY OF TIGARD, OREGON TO: Members of the City Council December 5, 1986 FROM: William A. Monahan, Director of Community Development w— SUBJECT: Park SDC Rebate — Winterlake Russell Krueger, subdivider of the Winterlake Subdivision, has requested that the City Council grant him a rebate from parks system development charges levied on lots within Winterlake, Brittany Square, and Ari Green. Mr. Krueger bases his request upon the fact that a condition of the original subdivision included dedication of land for a park site. He has since assumed the obligations of the subsequent developers of the various phases of the subdivision by grading the land to prepare it for use as a park. The developers bonds have been released. The Planning staff has reviewed the subdivision files and found that various approvals of phases committed developers to participating in the improvement of the park. Such action was precluded, however, by the fact that Mr. Krueger delayed dedication of the park land until now, at the City's request. The delay in recording the dedication made improvement of the park impossible for the developers to achieve. The delay was requested by the City as the City Engineer pursued State funds to assist in the development of the park. This was done on at least two occasions. The rationale for delaying the dedication was that the City hoped to use the value of the land dedicated as the City's matching share in a park acquisition and development program. If the City already owned the land at the time of a grant award, the value of the land could not be used as a match. The City was unsuccessful in gaining a grant from the State. Mr. Krueger feels that he should not be expected to dedicate the land and then make the improvements necessary to prepare the land for park use. Mr. Krueger estimates that the land which was dedicated was worth $35,000 per acre. Since 3.4 acres were dedicated, the appropriate value could be $119,000. The required dedication will be made on the Ari Green subdivision plat. He has asked that the City assist him by participating in the payment of some or all of the $16,500 which he has paid to grade the land. There is no provision in our parks systems development charge for a credit or rebate. Any action by the Council would require a modification of the code. City records show that the subdivisions which have been platted within the Winterlake development have created 197 lots. We have not researched the actual amount of parks system development charges which have been paid by developers of lots within the subject area. Presently the charge is $150.00, an increase from $100.00 which was charged from February 1, 1983 to April 12, 1984. I expect that we have not received $16,500 in SDC charges. The staff suggests that the Council discuss Mr. Kureger's request and provide direction to the staff. WAM:cn/2764P Brittany Square Approvals 2/5/80 Special Use Permit, M 1-80 (Winterlake) Ref 2C 25-78, 2C 24-79) Applicant: Russ Krueger. No conditions of development relating to park. 5/20/80 2C 29-79a/2C29-79b Applicant: Russ Krueger. Dedication of 3.4 acres for park. Description to be provided when Final Plat submitted. No mention of improvement - OR 80-56 repeats. 7/30/82 S-10-81 (6/23/80) Applicant: Century 21 Homes. Six month time extension for Winterlake subdivision approval. Follows one year time extension granted 7/7/81 . 8/30/83 2C PD 29-79 a, b (Brittany) Applicant: Russ Krueger. 5 ft. setback. 11/9/82 S6-82 (Brittany Square) Applicant: David Oringdulph, Century 21 Homes. 1. Dedication of 3.4 acre park land 2. Submit pian for park improvement (grading and seeding intended) rp for Phase II. No mention of playfields in minutes. Zone Change approved by Council Ordinance 80-55. S9-85 1S1 330C, 302 & 500. Applicant: Russ Krueger. Dedication of land north of Winterlake Drive for park. 12. 3.4 acres dedication before recording TL 500 SDR 9-•84 1S1 33DC, 500 Applicant: Russ Krueger Dedicate 3.4 acre park PD 3-86, S10-86 & SL 6-86. Applicant: Century 21 Homes Bike Path. WAM:cn/2764P } a • VI _ ,£! 'M ' r Cr N • JS W»WINTE w o o► l�P. r„ �40A 40 a S'° "� Q N CUP CQ K� O� tO'� "�' pi•� p N • ♦ 8 N r ,75 • M�� � YY,, w � L 1 �`� 4� P f 1�• •�O�/ f �' f dg �, s ,, N • 1, In 6 was soniI� x�A NLL� 'Nt! Y: QQ O�. � .. , 1t�+I. w ♦ Y A ;: f �w a O on Id An w •r :Q 134th. TERRpC' • sh os Go So r pn ;. 21 , zar-- —+- p N_ M 04r �.' z VOLN pp p� 00 n • CP KRUEGER DEVELOPMENT CO. 1335 S.W. 66th Avenue, f402 Portland, Oregon 97225 October 27, 1956 Mr. William Monahan Mr. Keith Liden Planning Director Senior Planner City of Tigard City of Tigard P.O. Box 23397 P.O. Box 23397 Tigard, Oregon 97223 Tigard, Oregon 97223 Re: Ari Green-Brittany Square Parksite, Tigard, Oregon Dear Bill and Keith: This will confirm my conversations about three weeks ago with Bill and last Thursday with both of you, regarding reimburse- went to Krueger Development Co. for $16,500.00 paid by the company for improvements to this park site by Bones Construction Company. We all recognize and acknowledge that it is unfair and inappropriate for Krueger Development Co. to bear the expense of improving this park site as well as the cost of contributing the land to the City. Bill has agreed to recommend to the City Council that at least $100.00 per lot of the City's System Development Charges to builders for homes to be constructed in the remaining lots of Brittany Square Nos. 1, 2 and 3 and in Ari Green Phases 1 and 2, be disbursed when collected by the City, to Krueger Development Co. in partial reimbursement to the company for this park improvement expense. =� Also, Keith stated last Thursday that there is a City of Tigard park fund with sufficient money on deposit to reimburse Krueger Development Co. for the balance of the $16,500.00 expended by it, which is not reimbursed through payment of the above- referenced System Development Charges. I look forward to early action by the City of Tigard to = implement the reimbursement plan we discussed. �. Very truly yours, KR U GER DEVELOPMENT CO. + �y By. Russell A. Krueger CC AL a'rf(XT11VARD WASHINGTON COUTVM,OREGON June 25, 1980 Mr. Russell Krueger 4320 S.W. 110th Avenue Beaverton, Oregon 97005 REFERENCE: ZC 29-79a/ZC 29-79b Location: East of 135th Avenue between Scholls Ferry Road and Walnut Street Dear Mr. Kruegar: Enclosed is a copy of Ordinance No. 80-56 which was approved by the Tigard City Council at their regular meeting of June 23, 1980. Your request was approved with the following conditions as set forth in the enclosed ordinance. 1. Phase II - ZC 29-79a (apartments) shall be brought before the Planning Cownission at a later date. 2. Phase I - ZC 29-79b (R-5) shall comply with the requirements of the Tigard Municipal Code, Chapter 17, Land Partition Ordinance. 3. Actual construction on each single family or duplex (attached single fsmily) .lot shall be resolved relative to configuration, zero lot line, and setback requirements on the Preliminary Plat Plan. This Plan shall be cleared with the Building Department and Public Works Department prior to consideration of the Final Plat. it shall be clearly noted what is to be constructed on each/every lot in Phase i to avoid differences at the construction stage. Also zero lot line on each/every lot would conflict with requirement for easements. 4. A Housawner's Agreement„ if one should be adopted, shall be reviewed by Staff and may be reviewed by the City Council. All Conditions, Covenants and Restrictions (OCR's) shall be submitted to the Staff for review and comment prior to- recording of the Final Plat. 5. Phase. 1 shall be subject to Site Design Review by Staff prior to the issuance of Building Permits. 6. Necessary right-of-sway dedication on 135th Avenue shall be made as directed by the Public Works Director. Half-street improvements to Collector Street Standards shall be made. for the full length of front- age on Tax Lots 200, 300, and 400 on Map 1S1 3311C. A Local Improvement ( District may be considered for this installation initiated by the \- ` developer and supervised by the City of Tigard. All construction in the public right-of-way shall be approved by the City prior to commenceiment of work. 12420 S.W.MAIN P.O. BOX 23397 TIGAR%OREGON 97223 PH:639-4171 Mr. Russell Krueger June 25, 1980 Page 2 7. A Variance from the 10,000 square foot requirement for duplexes in a R-5 Zone is hereby granted by the Planning Commission. Minimum duplex lot sizes in this development may not be less than 8,000 square feet. Refer to Condition #3 above for further clarification. S. Dedication of 3.4 acres to the City of Tigard shall be made for City Park purposes. A meets and bounds legal description for this property shall be provided at the time of submission of the Final Plat. 9. Emergency vehicle access to the apartment units will be resolved when Phase II is presented to the Planning Commission. 10. Consideration shall be given to Tax Lots 400 and 401 to the east of proposed "A" Street off-site. Temporary driveways or some alternate means of service should be considered. 11. All public local streets shall be fifty (501) foot dedicated rights-of- way with thirty-four (34') feet of paved surface. All collector streets shall have sixty (60') foot dedicated rights-of-sway with paved surface to be determined by the Public Works Director, and sidewalks on both sides of the street. Actual placement of sidewalks .hall be resolved through Site Design Review with the Public Works Director. 12. No Occupancy Permits shall be issued until all conditions placed upon this development by the City of Tigard have been satisfied and inspec- tions verifying this have been carried out by the appropriate department. 13. No minor land partitions shall be made in reference to this project unless formal application is made to the City of Tigard Planning Depart- ment and the minor land partition is approved and recorded. 14. No changes will be made to approved plans or specifications unless formal application is made to the appropriate City department and changes are approved by that department. Application for changes will be made in writing and shall include applicable drawings. 15. Grading plans and construction plans on all public rights-of-way shall be submitted and approved by the Public Works Director prior to com- mencement of work. 16. Public crater service and sanitary service shall be installed to this site prior to the issuance of a Building Permit. ..17. All existing or proposed utilities shall be placed underground. Street lighting installations shall be approved by.the Public Works Director. 18. No Building Permit shall be issued until the expiration of the twenty (20) day appeal period from the date of approval.. Mr. Russell Krueger j Page 3 19. Improvements may be bonded prior to issuance of Building Permits. 20. That street improvements be constructed to the approval of the Public Works Director prior to. the recording of the Final Plat or issuance of a Building Permit. 21. On-site drainage plans for drainage during construction shall be approved by. the Public Works Department prior to commencement of any construction. If you have any questions regarding this matter, please feel free to contact me. Sincerely, ti Doris Hartig City Recorder DH:2x Enc. Note: The following acknowledgement must be received by the City of Tigard with- in fourteen (14) days of your receipt of this letter. Failure to return this acknowledgement may result in action by the City of Tigard. I hereby acknowledge this letter documenting the action of the Tigard City Council. I have received and read this letter and I agree to the decision here documented - and to abide by any terms and/or conditions attached. Signature (applicant) Date Signature (owner) Date . . :. _� CITY OF TIGARD, OREGON ORDINANCE NO. 80---5`4 AN OPDINANCE ADOPTING FINDINGS WITH RESPF("� TO AN APPLICATION FOR AN AMENDMENT TO THE 1970 ZONING MAP OF THE CITY OF TIGARD AND FIXING AN EFFECTIVE DATE. (Winter Lake) PLANNING DEPARTMENT REFERENCE INFORMATION: Tax Map 1Sl 33D, Tax Lot 300 AND Tax Map 1S1 33DC, Tax Lots 100, 300, 400, and 500, Project Address East of 135th Avenue between Scholls Ferry Road and Walnut Street, File Numbers ZC 29-79a/ZC 29-79b, Present Zoning Designation Washington County RS-1, Zone changed to City of Tigard R-5 "Single Family Residential" AND City of Tigard A-12 "Multifamily Residential", Applicant Russell Krueger/Winter Lake. THE CITY'OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: Finding that the lands hereinafter described are now classified as Washington County RS-1, and further findings that pursuant to procedures, tha abovestated application for a zoning mag amendment was presented at a public hearing held by the Tigard Planning Commission on May 20, 1980. All interested persons were afforded an opportunity to be heard at this public hearing and ti:enaafter the Planning Commission filed its report with the City 31am-•-A--, a copy hereto attached and by reference made a part of. The Council adopts the following substantive findings: A. That this application is in conformance with the R-5 "Single Family Residential" AND A-12 "Multifamily Residential" designation on the NPO 97 Plan which is a portion of the adopted Tigard Comprehensive Plan, and B. That the proposed zoning is compatible with the surrounding neighborhood as determined by the Tigard Planning Commission. SECTION 2: Therefore, pursuant to the requirements of Chapter 18.88 of the Tigard Municipal Code, this request for an amendment to the Zone Map of the City of Tigard is hereby approved subject to provisions of Chapter 18.20 of the Tigard Municipal Code as embodied in adopted Exhibits "A", "B", and "C" attached and made a part of this Ordinance. Exhibit "A". - Legal Description, Exhibit "B": - Tax Map, Exhibit-"C": - Staff Report And further subject to the following conditions: !. ':Phase II - ZC 29-79a (apartments) shall be brought.before the Planning ComuLissic�n at a later date. z 01iDYNAHCE NO. 80-sm. A - 2C 29-79a/ZC 29-79b ,r • 2. Phase I - ZC 29-79b (R-5) shall comply with the requirements of the Tigard Municipal Code, Chapter 17, Land Partition Ordinance. 3. Actual construction on each single family or duplex (attached single family) lot shall be resolved relative to configuration, zero lot line, and setback rerairements on the Preliminary Plat Plan. This Plan shall be cleared with the Building Department and Public Works Department prior to consideration of the Final Plat. It shall be clearly noted what is to be constructed on each/every lot in Phase I to avoid differences at the construction stage. Also zero lot line on each/every lot would conflict with requirement for easements. 4. A Homeowner's Agreement, if one should be adopted, shall be reviewed by Staff and may be reviewed by the City Council. All Conditions, Covenants and Restrictions (CCR's) shall be submitted to the Staff for review and comment prior to recording of the Final Plat. 5. Phase I shall be subject to Site Design Review by Staff prior to the issuance of Building Permits. 6. Necessary right-of-way dedication on 135th Avenue shall be made as directed by the Public Works Director. Half-street improvements to Collector Street Standards shall be made for the full length of frontage on 135th Avenue. These improvements shall be made including the frontage on Tax Lots 200, 300, and 400 on Map lSl 33DC. A Local Improvement District may be considered for this installation initiated by the developer and supervised by the City of Tigard. All construction in the public right-of-way shall be approved by the City prior to commencement of work. ' 7. A Variance from the 10,000 square foot requirement for duplexes in a R-5 Zone is hereby granted by the Planning Commission. Minimum duplex lot sizes in this development may not be less than 8,000 square fe4pt. Refer to Condition 03 above for further clarification. S. Dedication of 3.4 acres to the City of Tigard shall be made for City Park purposes. A mete$ and bounds legal description for this property shall be provided at the time of submission of the Final Plat. 9. Emergency vehicle access to the apartment units will be resolved when Phase II is presented to the Planning Commission. 10. Consideration shall be given to Tax Lots 400 and 401 to the east of proposed "A" Street off-site. Temporary driveways or some alternate means of service should be considered. 11. All public local streets shall be fifty (501) foot dedicated rights-of-way With thirty-four (341) feet of paved surface. All collector streets shall have sixty (601) foot dedicated rights-of-way with paved surface to be determined by the Public works Director, and sidewalks an both sides of the street. Actual placement of sidewalks shall be resolved through Site Design Review with the Public Works Director. ORDINANCE 80-_40L, ZC 29-79a4/ZC 29-79b Page 2 12. No occupancy permits shall be issued until all conditions placed upon this development by the City of Tigard have been satisfied dndispections verifying this have been carried out by the appropriatedepartment. 13. No minor land partitions shall be made in reference to this project unless formal application is made to the City of Tigard Planning Department and the minor land partition is approved and recorded. 14. No changes will be made to approved plans or specifications unless formal application is made to the appropriate City department and changes are approved by that department. Application for changes will be made in writing and shall include applicable drawings. 25. Grading plans and aonstructicn plans on all public rights-of-way shall be " submitted and approved by the Public Works Director prior to commencement of work. 16. public water service and sanitary service shall be installed to this site prior to the issuance of a Building Permit. 17. All existing or proposed utilities shall be placed underground. Street lighting installations shall be approvers by the Public Works Director- 3. No Building permit shall be issued until the expiration of the twenty (20) day appeal period from the date of approval. 19. IWrovements say be bonded prior to issuance of Building Permits. 20. That street inprovements be constructed to the approval of the Public Works Director prior to the recording of the Final Plat or issuance of a Building permit. 21. on-site drainage plans for drainage during construction shall be .approved by the Public Works Department prior to commencement of any construction. i�TICH 3: This ordinance shall be effective immediately after its passage by the Council and approval of the Mayor. PASSED: Byto h a i vote of all Council members present this 2J day of . , 1980, after being read two times by number and title only. reco'rder - City of Tigap APPROVED: By the Mayor this za=d day of J, , 80. Mayor City of Tigard 'IiC 2� 79a,%7C 29a7 9b CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF: December 15 1986 DATE SUBMITTED: December 8 1986 ISSUE/AGENDA TITLE: Advance PREVIOUS ACTION: Refunding of General Obligation City _ Building Bonds issued in 1984 PREPARED BY: Wayne Lowry DEPT HEAD OK CITY ADMIN OK REQUESTED BY: POLICY ISSUE Shall the City authorize Government Finance Associates to submit an advance refunding plan to the State Treasurer for approval and designate Lindsay, Hart, Neil, and Weigler as Bond Counsel for the purpose of issuing advance refunding bonds to refinance the General Obligation City Building Bonds issued in 1984. INFORMATION SUMMARY Many of the City's outstanding bonds sold at rates well above the current bond market rates. In order to take advantage of lower market interest rates, the refunding of all outstanding bond issues was considered. Government Finance Associates analyzed all outstanding bond issues and determined that only the advance refunding of the General Obligation City Building Bonds issued in 1984 would result in a savings and would meet the criteria set by the State Treasurer for advance refunding. The savings over the life of the bonds is estimated at $100,000. The Advance Refunding Plan calls for the creation of an escrow account with the bond proceeds from the refunding issue. The resources accumulated in the escrow account would be used to pay for the costs of the refunding and to meet the principal and interest obligations of the callable portion of the General Obligation City Building Bonds. The City's Bond Debt Levy would then be used to service the interest and principal on the new refunding bond issue and the non callable interest and principal portion of the General Obligation City Building Bonds. The refunding bond issue is estimated to be in the amount of $2,110,000. ALTERNATIVES CONSIDERED 1. Authorize the submission of the Advance Refunding Plan to the State Treasurer and the designation of Lindsay, Hart, Neil, and Weigler as bond counsel, and Government finance Associates as Financial Advisors. 2. Do nothing. FISCAL IMPACT 1. Advance Refunding at this time will save the City an estimated $100,000 in debt service costs over the life of the outstanding bonds. 2. All cost associated with the Advance Refunding issue will be absorbed by the bond proceeds or will be paid out of the Debt Service Fund. 3. Reduces City's Bond debt levy by estimated 1/2 cent per thousand. SUGGESTED ACTION Adopt resolution under consent agenda upon Local Contract Review Board '` approval to authorize Government Finance Associates to act as Financial Advisor, to submit the Advance Refunding Plan to the State Treasurer, and to r designate Lindsay, Hart, Neil, and Weigler as bond counsel. ;F WL:bsl4O1F K DIDONNIELL>, RAMIS, ELLIOTT Sc CREW CAIKMY OFFICE MARK P O'DONNELL ATTORNEYS AT LAW GRANT.SUIT IBI N.GRAI.iT,SUITE 202 TIMOTHY V RAMISgALLOW & WRIGHT BUILDING CANBY.OREGON 97013 KENNETH M ELLIOTT 15031266-1149 STEPHEN F.CREW 1727 N W.Hor7 STREET CHARLES E.CORRIGAN• PORTLAND.OREGON 97209 JOSEPH M SULLIVAN 1503!222-4402 ADMIN E A MARGAARETRETC HAND KENNETH H.FOX - SHARON L WILLIAMS SUSAN 1.SOYD PLEASE REPLY TO PORTLAND OFFICE KATHERINE A FLYNN JEFF BACHRACH MARK D.WHITLOW OF COUNSEL ALSO ADMITTEO 70 PRACTICE IN STATE OF WASHINGTON December 19, 1986 Mr. Pat Clancy Governme t Finance Associ,ites, Inc. 1300 S.W. Fifth Ave. , Suite 2929 Portland, R 97201 Re: City of Tigard Financial Consulting Contract for Advance Refunding Dear Mr. Clancy: This letter and the enclosed 199886. 1sappreciatow e yourcooperation telephone conversation of in ironing out these final details. You will find enclosed the Addendum we propose to have attached to the financial consuewlting contract this Addendum andween callthe City of Tigard GFA. Please revievi me immediately if you have any questions or concerns. Upon approval, please sign both originals of the Addendum and forward them directly to the City of Tigard to be attached to the agreement and appropriately executed. You may send them c/o Wayne , Lowry. The second original of the Addendum is for your records and will be returned to you after Bob Jean signs it. The City of Tigard is looking forward to working with you. Please do not hesitate to call our office if you have any questions or concerns you wish to discuss. Sincerely, O'DONNELL, RAMIS, ELLIOTT & CREW Kenneth H. Fox Of Attorneys for the City of Tigard KHF:mch Enclosures E Tigard - cc: Mr. Bob Jean, City of ADDENDUM TO CITY OF TIGARD - GOVERNMENT FINANCE ASSOCIATES, INC. FINANCIAL CONSULTING CONTRACT OF ADVANCE REFUNDING THIS ADDENDUM attaches to, and is incorporated in, an agreement between Government Finance Associates, Inc. ("GFA") and the City of Tigard (the "City") to accomplish an advance refunding of the City's General Obligation City Building Bonds, Series 1984. This Addendum becomes effective upon attachment to the above-referenced agreement ("agreement") and upon execution by both parties of the last page of this Addendum. Duration and Termination In addition to the language appearing at page 3 of the "agreement" under "Duration and Termination", the parties also agree that, upon termination of the agreement, GFA shall summarize and reduce to writing all research and preparatory work conducted on behalf of the City up to the date of the termination which has not other- wise been reduced to writing. These written summaries will become property of the City and the City will reimburse GFA for all time and expenses expended in preparation of the written summaries submitted to the City. GFA Is Independent Contractor A. GFA shall be an independent contractor for all purposes and shall be entitled to no compensation other than the compensa- tion provided for under this agreement. B. GFA acknowledges that, for all purposes related to this agreement, GFA is and shall be deemed to be an independent contractor and not an employee of the City, shall not be entitled to benefits of any kind to which an employee of the City is entitled and shall be solely responsible for all payments and taxes required by law. C. GFA hereby represents that no employee of the City of Tigard, or any partnership or corporation in which a City employee has an interest, has or will receive any remuneration of any description from GFA, either directly or indirectly, in connection with the letting or performance of this agreement, except as specifically declared in writing. Attorney's Fees In case suit or action is instituted to enforce the provisions of this agreement, the parties agree that the losing party shall pay Page 1 - ADDENDUM such sum as the court may adjudge reasonable attorney's fees and court costs, including attorney's fees, and court costs on appeal. Applicable Law This agreement shall be governed by the laws of the State of Oregon. Indemnification GFA agrees to indemnify and to hold harmless the City, its officers, employees and agents against and from any and all loss, claims, actions, suits, including costs and attorney's fees for or on account of injury, bodily or otherwise, to, or death of persons, damage to or destruction of property belonging to the City, GFA or others, resulting from, arising out of, or in any way connected with GFA's sole negligence. City's Representative For purposes of this agreement, the City's authorized representa- tive shall be Mr. Robert Jean, City Administrator, City of Tigard, p. O. Box 23397, Tigard, Oregon 97223; (503) 639-4171 . GFA's ReQresentative _ For purposes of this agreement, GFA's authorized representative shall be Mr. Mark Gardiner, Manager and Senior Vice President, Government Finance Associates, Inc. ; 1300 S.W. Fifth Avenue, Suite 2929, Portland, Oregon 97201 ; (503) 222-1405. Complete Agreement This Agreement and Addendum, and any other referenced attachments, constitute the complete agreement between the City and GFA and supersedes all prior written or oral discussions or agreements. GOVERNMENT FINANCE CITY OF TIGARD ASSOCIATES, INC. Vice President C Title: Date: Date: OZ TAXPAYER I.D. NO. : 52-1145226 Page 2 ADDENDUM j�MEMORANDUM i CITY OF TIGARD, OREGON TO: Honorable Local Contract Review Board Members December 8, 1986 FROM: Loreen Wilson, Recorder a�—j SUBJECT: Advance Refunding of GO Bonds For City Building It is anticipated the Council will direct staff to begin the process for advance refunding of the General Obligations City Building Bonds issued in 1984. If the Council gives this direction, staff would recommend approval of the attached contract in tAssociates through this process to utilize the vices of Rebecca Marshall of GovernmentFinance Associa Due to the tight timeline for the financing schedule, a s would ed i rection B of the Advance Refunding Plan (agenda item #10), that the Contract Review Board authorize the publication for bids. This is scheduled for January 12th and due to the holidays there will not be a Council meeting held prior to this to allow for sufficient notice to the newspaper. ' Suggested Action: Motion to authorize the City Administrator to sign, on behalf of the City, a contract with Government toa Assocall iates bids in the amount of $17,000 and further authorize stat publish lw/1401F a �� � G2.+cF. .'�.%..feaY V"a w,x s.Y', fw'Y✓ `.•++Mw. Cv0VW m m Fbuum Aa4oekb8-Inc- 13M ng1300 S.W.5th Avenue,Suits 2929 Pordxm4 0"*M 97201 503/2224405 CITY OF TIGARD FINANCIAL CONSULTING CONTRACT FOR ADVANCE REFUNDING This letter constitutes an agreement between Government Finance Associates ( "GFA" ) and the City of Tigard City's "City' ) to accomplish anBuildingBonds,advance liSeriee 1984. This ng of the General Obligation City agreement becomes effective upon execution by both parties of the last page. Scope_o�_��Ivig€N GFA agrees to provide for the following services in connection with the bond sale: 1. Conduct a preliminary advance refunding analysis. 2. Prepare the advance refunding plan. 3. Present and explain the plan to the City. 11 assist in the cting 4. Select the teamGFA wi, : the EscroweAgent and C. P. A. fm the Registrar/Paying Agent. 5. Bond Sale A. Develop a marketing plan for the bonds. B. Suggest provisions and constraintsfor the bond resolution and antic of sale. K C. Notify the State Treasurer and local underwriters of the sale plans and issue structure. D. Prepare the Official Statement. E E, Coordinate the production and distribution of = x.f the Official.;Statement. � 13 Naw Yak New Yak ,r Fla3da Pd acem New Jersey Government Finance Associates, Inc. Page 2 Advance Refunding Contract F. Obtain a rating. !3. Apply for bond insurance, if feasible. !i. Procure U. S. Government securities required for the escrow account. :. Analyze the sale bids to assure conformance tc the bidding constraints, verify the interest cost, and calculate the final principal amounts and ma+uritiess. J. Coordinate all aspects of than closing, including CPA verification, printing and registration of the bonds, trustee contracts, Investment of the proceeds in the escrow account and legal and tax opinions of bond counsel. �g�s_ag�_C�isrgeR The consulting fee for GFA includes: Computer Time and Analysis Official Statement Research and Writing Consulting: Preparation of the Plan Submittal to the Treasury Presentation to the City Rating InformatiGn Procurement of escrow :-.ecurities All bonds sale avrvtcew listed above Bond closing arrangements TOTAL FEE $17, 0e@ Costs of travel will be reimbursed by the City. The finsnncia.l consultant, in consideration of the fees contructed for herein, agrees to exercise its best efforts on the isssuor's behalf. In ccvn-=ormance wItts the State Treasury requirements and with ORS 288. 320, a reasonable fixed nun-contingent fee of three basis points (. 03%) times the par amount of the refunding i*ssue will be paid to the consultant for the services rendered if the sale is not ouzcessful. If either the State Treasury's requirements or the state e;taiute is changed `o not require a non-cortingert fee, this f-ee wl i 'not be charged to the City if the sale is not succesaful. Government Finance Associates, Inc. Page 3 Advance Refunding Contract Other costs which are not included in the consulting fee and are the responsibility of the City on incurred: Per Issue Estimate State Treasurer's Fee 95, 000 Bond Counsel's Fee (and tax opinion) 20, 000 CPA Verification Fee 5, 000 Trustee Fee 3, 000 Publication Fees 4, 000 Official Statement. Costs: Typing 800 Printing 3, 500 Distribution 500 Registration of Bonds 1, 000 Insurance premium na Rating Fee 6, 500 (Note: No provision is shown here to cover travel to New York if a presentation is desired. ) Bond Printing 2, 000 If the sale does not take place, the City is responsible for the costs listed above which are actually incurred. These will likely include the State Treasurer's See, Official Statement Costs, one halt of the rating fee, and a portion of bond counsel's fee. DuratigF}_ar�d_'*er►nination Either party may terminate this agreement PRIOR to the sale -span written notice to the other party. All direct expenses incurred by GFA on behalf to the City will be reimbursed by the City. All materials prepared by GFA up to the date of the termination will become property of the City and The C !,Ly will reimburse GFA to all time and expenses r-xpended in preparation of the materials submitted to the City. Government Finance Associates, Inc. Page 4 Advance Refunding Contract BILLZ2_TG_IAFORMATION Unless previously terminated at the option of either party, billing for this engagement will be processed following closing of the bond tale. To allow for the billing of sub- contractors on the project, GFA reserves the right to pass through direct expenses to the City up to thirty days following closing. Unless otherwise instructed by the City, all billings will be forwarded to the City as follows: Mr. Wayne Lowry Acting Finance Director City of Tigard P. O. Box 23397 Tigard, Oregon 97223 . ExplES&Igg This contract may be extended, subject to renegotiation of fees and/or services by either party, if the bonds are not succeenfully sold by March 1967. GOVZRNMENT FINANCE ASSOCIATES CITY OF TIGARD --------------------------- ---- -------------- Vlae Pr-sident TITLE TAXPAYER ID NUMBER: 52-1145226 DATE___ _ ---- ADDENDUM TO CITY ANCIAL ARD CONSUuTINGRCOENTRACTMENT NOFCASSOCIATES, - ADVANCE REFUNDING FIN FI THIS ADDENDUM attaches to, and is incorporated in, an agreement between Government Finace Associates, Inc. ("GFA") and the City n of Tigard (the "City") to accomplish an advance refunding of the City's General Obligation City Building Bonds, Series 1984. This Addendum b("agreement")effective anduupon execon ution by bothent to the above-referenced agreement ("agreement") last page of this Addendum. Duration and Termination In addition to the language appearing at page 3 of the "agreement" under "Duration and Termination" , the parties also agree that, upon termination of the agreement, GFA shall summarize and reduce to writing all research and preparatory work conducted on behalf of the City up to the date of the termination which has not other- wise been reduced to writing. These written summaries will become property of the Cidedain treparationhe Citylofrtheburse writtenAsfummariesallor ti e and expenses expen P r, submitted to the City. GFA Is Independent Contractor A. be entitled to en be and shall noncompensation otherothanrthelcpompensas tion provided for under this agreement. B. OFA acknowledges that, for all purposes related to this agreement, GFA is and shall be deemed to be an independent contractor and not an employee of the City, shall not be entitled yee Of tobenefits and shall bekind solelywhich responsibleofor all tpayments he City iand entitled taxes required by law. f C. GFA hereby represents that no employee of the City of Tigard, or any partnership or corporation in which a City employee has an interest, has or will receive any remuneration of any description from GFA, either directly or indirectly, in connection with the letting or performance of this agreement, except as specifically declared in writing. 3 Page 1 - ADDENDUM r Attorney's Fees In case suit or action is instituted to enforce the provisions of this agreement, the parti:s agree that the losing party shall pay such sum as the court may adjudge reasonable attorney's fees and court costs, including attorney's fees, and court costs on appeal. Applicable Lawn This agreement shall be governed by the laws of the State of Oregon. Indemnification OFA agrees to indemnify and to hold harmless the City, its officers, employees and agents against and from any and all loss, claims, actions, suits, including costs and attorney's fees for or on account of injury, bodily or otherwise, to, or death of persons, damage to or destruction of property belonging to the City, OFA or others, resulting from, arising out of, or in any way connected with OFA's sole negligence. The City agrees to Indemnify and hold harmless OFA, its officers, employees and agents against and from any and all loss, claims, actions, suits, including costs and attorney's fees for or on account of injury, bodily or otherwise, to, or death of persons, damage to or destruction of property belonging to OFA, the City or others, resulting from, arising out of, or in any way connected with the City's sole negligence. City'S Representative For purposes of this agreement, the City's authorized represents- tine shall be Mr. Robert Jean, City Administrator, City of Tigard, P. 0. Box 23397, Tigard, Oregon 97223; (803) 639-4171. OFA's Representative For purposes of this agreement, GFA's authorized representative shall be Mr. Mark Gardiner, Manager and Senior Vice President, Government Finance Associates, Inc. ; 1300 S.W. Fifth Avenue, Suite 2929, Portland, Oregon 97201; (803) 222-1405. Page 2 ADDENDUM e ;$ i Complete Agreement This Agreement and Addendum, and any other referenced attachments, constitute the complete agreement between the City and GFA and supersedes all prior written or oral discussions or agreements. GOVERNMENT FINANCE CITY OF TIGARD ASSOCIATES, INC. By: r By : J AS-1 Vibe President Title: 17,-Tr-L4 Date: - iL 1-��6 Date: TAXPAYER I.D. NO. : 52-1145226 Page S ADDENDUM -; CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF: December 0 1986 DATE SUBMITTED: November 25, 1986 ISSUE/AGENDA TITLE: Monthly Report PREVIOUS ACTION: October, 1986 — Community Dev. Dept PREPARED BY: William A. Monahan DEPT HEAD OK CITY ADMIN OK REQUESTED BY: POLICY ISSUE INFORMATION SUMMARY Attached please find the Monthly Report for October, 1986 prepared by the Department of Community Development. ALTERNATIVES CONSIDERED Accept and place in file. 'n y FISCAL IMPACT Y SUGGESTED ACTION Accept and place in file. (095OP/dOO22P) {N-1 MEMORANDUM CITY OF TIGARD l �f TO: Members of the City Council November 24, 1986 FROM: William A. Monahan, Director,Lt0_;_N_ Community Development SUBJECT: Monthly Report - October, 1986 During September, the Department of Community Development was involved in each of the following areas: Building permit activity was down from October of 1985 both in terms of number of permits and valuation. Year-to-slate comparisons, as well as fiscal year trends, continue to illustrate the strength of 1986 activity. Projected year end totals for 1986 compared to actual for 1985 are: e Actual 1985 Protected 1986 Single Family Permits 277 410 Multi-Family Permits ; (units) 342 122 Commercial 21 28 Building Permit Fees $ 167,311.67 $ 202,000.00 Plan Check Fees $ 74,559.29 $ 106,000.00 Valuation $41,525,590.00 $45,000,000.00 Thirty-three codes enforcement cases were closed in October while thirty-four were initiated. Clearance rate for the year is 98%. - Engineering revenues are trending much higher than fiscal year 85-86. The following comparison illustrates this; FY 85-86 FY 86-87 Month of October $10,485.26 $17,382.40 July through October $33,847.59 $54,253.78 The Engineering Manager attributes the increase to the size of projects. Subdivisions which are platted are much larger this year than last. This relfects the increased optimism of lenders and developers as they are taking greater risks. In the prior fiscal year, several subdivisions were of the 10-15 lot variety. Five subdivisions from 30-95 lots are in the planning stages. In October, the Planning Division divided into two sections - Land Development and Planning Projects. The Park Plan is proceeding well with our consultant, Debbie Knechtel, completing a questionairre and data analysis for each park. Downtown plan formulation is proceeding with the addition of PSU professor Stefano Zagretti. A field survey/building inventory of the downtown was completed. _ Kl y(€j f Tigard was represented at the I-5 Symposium on October 8, 1986. I made a presentation on the positive aspects of Tigard and our economic development efforts. Over 150 attended. Economic Development information was prepared for initial distribution at the Symposium. Two publications, "Economic Development Checklist - October, 1986", and "City of Tigard - economic information" were distributed and are attached. Both of these are updates of earlier publications. The Street crew devoted a significant amount of time to the street crack sealing program. Over 5,400 linear feet of cracks were filled. The annual street painting program was completed. -- Parks crews finished capital project work at Summer Lake Park. i Wastewater crews completed several sanitary sewer line repairs including work to the OEA line. Over 300 hours of volunteer's work were contributed to the Parks maintenance effort. TCYS provided 128 hours and the Washington-County rt Group Project 110 hours. x A CIP report for October was distributed to Council on November 17. We will continue to provide this to you as it is completed rather than delay distribution until a complete department report is available. F 3 t t r (WAM:br/0950P/0022P) - f _ 1 s BUILDING SECTION - OCTOBER COMPARISON (Calendar Year) Following is a comparison of building activity for October of 1985 and 1986: October, 1985 October, 1986 Single Family Permits 30 23 Multi-Family Permits (units) 0 0 Commercial Permits (new) 5 1 Building Permit Fees $ 16,126.00 $ 9,530.12 Plan Check Fees $ 8,754.77 $ 3,880.74 Plumbing Permits $ 5,420.00 $ 8,125.00 Mechanical Permits $ 1,315.15 $ 2,782.00 Valuation $3,780,000.00 $1,913,500.00 Jan. - October 1985 Jan. - October 1986 Single Family Permits 244 382 Multi-Family Permits 342 122 Commercial Permits 16 25 Building Permit Fees $ 151,212.17 $ 184,032.78 Plan Check Fees $ 65,539.87 $ 97,770.37 Plumbing Permits $ 73,949.78 $ 64,382.90 Mechnical Permits $ 9,063.15 $ 13,576.50 Valuation $38,164,749.00 $41,669.392.00 FISCAL YEAR COMPARISON ,= 1985/86 - 1986/87 July - October 1985 July - October 1986 Single Family Permits 109 156 Multi-Family Permits 10 16 Commercial Permits 9 13 Building Permit Fees $ 57,891.67 $ 76,739.06 Plan Check Fees $ 27,558.07 $ 41,093.71 Plumbing Permits $ 17,372.50 $ 32,045.00 Mechnical Permits $ 3,550.65 $ 7,871.00 Valuation $13,615,250.00 $16,441.488.00 (br/0950P) i� Le i(T w ."M A N N w w N .•� w tl f w w M w w .� N P w N w « N O N O O b O ♦ O O O O O O O O 8 O �o O O M w w • t!f A m f h f ® O M .tlr P M M O b M � M h M w w M �+ N N N N N M M ♦ ♦ N M f f �R! 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R� .di .•i N N N N t A N •1 ! d1 1Wq 1! pp Qp pp p p i_ • i • p i • • i • N !V N M ^ ^ N N po p qp� !per fo p w {r M ^ iw N N 1^q N f N b ^ � N w f • as pp _ A $ N M 1► til w e «« ^ N M � �O • f M M N N Ih M ^ • 1 s r • � N N � e� N � M O � w t0 C N � � ,pe �p 8w A ^ M P st 1► s . . w f ^ ^ f O s M w1 • d y ^ A p f 1 p 8 �ap • 00 fo It to �1 A A r w A • .Oa M a A i A A w w N f �' Tr � � f ♦ N. � w w � A a � � • w • din A M w f 1.4 M MEMORANDUM ' CITY OF TIGARD, OREGON TO: Mayor and Council December 5, 1986 FROM: Doris Hartig, Assistant Community Services Director SUBJECT: Community Services November 1986 Monthly Report SWT, Community Services is clearing the backlog of Council—related material with the hiring of the OA III. The Records Section lost the services of a temporary employee who assisted with the development of the records inventory. Staff will be recruiting to replace this position. Municipal Court continues to experience difficulties in making collections in a timely manner as well as handle the workload. The Finance Division is making progress in the conversion of the IPM system. Accounts payable, fixed assets, and utility billing are on the new system. payroll will be changed from the Wang system after the last payroll in December --- as soon as W-2's and year and reports are completed. Staff is also working on bond refinancing and preparing for the budget cycle. Personnel was busy with the many changes made with the hiring and termination of employees. The heavy November rains caused areas of flooding and a claim was submitted for damage to two homes in the Hillview area. The insurance carrier is processing. The Coamunity Services Department wishes you a Merry Christmas and joy in the now year. OH:sbl0166W t4i WORK LOAD INDICATORS 3 Nov. '85 Nov. '86 Expenditure Reimbursement Requests Processed * * 77 Purchase Orders Processed 50 56 Recruitments 3 2 Hires 9 8 Terminations 4 4 Unemployment Claims 0 1 Claims Filed: Workers Compensation — Liability (see attached report) 0 1 Checks Written: Accounts Payable 311 326 Payroll 309 322 Sewer Payment Received 1,387 2,925 Sewer Bills Sent 1,710 6,507 Name, Address, Changes 286 307 Cash Receipts 547 596 Word Processing Work Orders Received 108 296 Emergency Requests 22 125 Pages Processed 12,233 12,124 Average Turn Around 8.3 5.0 Telephone Calls 6,491 8,960 Walk—Ins 2,500 N/A Volunteer Hours 0 0 e a Information not available 1253p 12/04/86 CITY OF TIGARD CLAIM STATUS REPORT DATE OF LOSS CLAIMANT DESCRIPTION STATUS 10/01/84 Mary Strickland Alleges age discrimination open 02/13/85 Mervin Boen False arrest denied without payment 08/21/84 George Kusiowski Ins. impounded clt's car closed (Officers Johnson, Ober, & Newman) 02/04/85 Fredric Nickel Criminal counter cplt. open (Officer Hal Merrill) 03/20/83 Fred Oaan False arrest 12/31/85 closed (Officer Killion) 01/11/85 Harry Field Alleges False Arrest pending (Office Merrill) 07/20/85 Steven Bacon False Arrest (Officer Harburg) claim reopened 03/16/95 Julie B. Winkelman Wrongful Death pending 12/15/85 Ron & Peggy Cole Loss of jewelry — stolen Reopened after insured had possession 04/05/86 John Hutchinson Trees cut on private Pending property £j 07/25/86 R.A. Cutshall Bike hit cable in park path Pending 01/31/86 David Fair Police negligence Open 04/06/86 Scott Fairbanks Code Enforcement negligence Open 09/19/86 Renata Collins Water damage--drain overflow Open problem 07/10/86 Thomas Arnholtt Hit manhole cover open 08/22/86 Terri Widner Alleges grievance re O.T.hrs. open 10/01/86 Phan Hue Thi Collision with police car Closed 11/4/86 — pd. City & Clot. $600 11/24/96 Michael Ryan) Damage to homes & contents open x Ransom Boyce) due to flooding (0886F/0019F) CITY OF TIGARD, OREGON f COUNCIL AGENDA ITEM SUMMARY \ AGENDA OF: December 15, 19116- DATE SUBMITTED: December 5, 1986 ISSUE/AGENDA TITLE: PREVIOUS ACTION: Non-Staff Resources/Volunteer Report PREPARED BY: Donna Corbet DEPT HEAD OK CITY ADMIN OK REQUESTED BY: msssssmrssssaisass#sam#rsisms#mmmismm¢ssssmsississsasssimassssmssmsassis:sisiasi POLICY ISSUE City-wide Volunteer Staffing Report iris#iiiimmimiimmi##m#mm.�#imri#mi#iiimimi#rmimii immiiiOiL#mmmimimimii=-lmiiimimiim INFORMATION SUMMARY The City-Wide Volunteer Staffing Report has not been updated since .Tula, due to staffing and prioritization issues. This report should be to you on a monthly basis from now on. You will notice a similar trending from last fiscal year on the totals. However Volunteer staffing is picking up where Breen Thumb (Federal Assistance) and "other" has fallen off. Es�swssrsrasisssssisrsissswsrmsirssmsmismarrimisrsimsirspsrrissiiissssrsmssswsr ALTERNATIVES CONSIDERED wrsssiisasrsalmriirslrmirrsrrmisiirmlrsmirmmmr�srr FISCAL IMPACT '�jTrpmmp�prrmillrYirrrirNirrOrrrriirirrrArrriirirmipiriiiiiirrrirrrrrNirii - SUGGESTED ACTION r,2 Receive and file '� detl252p MEMORANDUM CITY OF TIGARD, OREGON TO: Honorable Mayor and City Council Date: 12/05/86 FROM: Donna Corbet, Executive Secretary SUBJECT: Non-Staff Resources/Volunteer Report YTO EST. Category 1984-85 1985-86 Nov. 186 1986-87 1986-87 % Change Boards Committees: 2552.75 3108.75 229.25 1100.50 2641 847L Volunteer Staffing 4173.75 5171.25 521.75 2949 7198 13976 Federal Assistance 2660 1614.50 -0- 163 200 2476 Community Service 1676 562 40.5 236.5 567 10070 Otter 1300 283 -0- -0- -0- Total, 12,362.50 10,739.50 841.50 4499.00 10,606 100% 15,000 { 114 ON 111 , 13,0001 12,000 r 11,000 , + f 0461 ) 10,0001 P 1 ,. 9,080 g t ,8,000 .7,000 6,0001 5,000; 4,000 .80/81 .81/82 82/83 .83/84 84/85 851ST 86/87 OFIWA OREGON 25 teals OSWWas, ECONOMIC DEVELOPMENT CHECKLIST - October, 1956' Tigard Economic Development Committee, c/o Dept. of Community Development 13125 S.W. Hall Blvd., Tigard, OR 97223 - Phone (503) 639-4171 THE TIGARD ECONOMIC DEVELOPMENT COMMITTEE IS INTERESTED IN HELPING YOU TO MAKE CONTACT WITH THE GOVERNMENT ENTITIES AND UTILITIES WHICH YOU NEED TO COORDINATE WITH AS YOU BECOME A MEMBER OF THE TIGARD BUSINESS COMMUNITY. The Committee hopes that this .list suits your needs. . If you have further questions, please call the. Department of Community Development at 639-4171. CITY OF TIGARD INFORMATION E 7 L MD USE INFORMATION To obtain information about zoning, the Comprehensive Plan designation for your business location, uses allowed in your zone, division of property, or development standards, contact: Department of Community Development, Planning Division, City of Tigard, 13125 S.W. Hall Blvd. , Tigard, OR 97223 (503) 639-4171. E ] ROLM PERMIT To obtain a building permit for construction, alteration, or tenant modification for your business, contact: Department of Community Development, Building Division. City of Tigard, 13126 S.W. Hall Blvd., Tigard, OR 97223 (503) 639-1171. E ] M STC FACILM AVAILABILITY To find out if public facilities such as sanitary sevars, storm drainage, or streets aro adequate to serve the needs of your business, contact: Dept. of Community Development, Engineering Division, City of Tigard, 13125 S.W. Hall Blvd., Tigard, OR 97223 (503) 639-4171. E I RVARFM TAX Anyone doing business in the City on a temporary or permanent basis is required to pay a business tax annually. Included are all subcontractors, service providers, home occupations, and temporary) uses. To find out if you need to pay a business tax to operate your business, contact: Business Tax Information. Planning Division, City of Tigard, 13125 S.W. Hall Blvd., Tigard, OR 97223 (503) 639-4171. [ 7 SIGNS To obtain approval for a new or altered sign for your business, contact: Department of Community Development, Planning Division, 13125 S.W. Hall Blvd., Tigard, OR 97223 (503) 639-4171. [ 140-ME OCCUPATION To find out if your proposed home occupation meets City criteria to obtain a permit, contact: Department of Community Development, Planning Division, 13125 S.W. Hall Blvd., Tigard, OR 97223 (503) 639-4171. [ ] TEMPORARY USE Any business wishing to operate for a :limited period of time or in a non-permanent structure requires a temporary use permit in addition to a Business Tax :Receipt. For information, contact: Department of Community Development, Planning Division, 13125 S.W. Hall Blvd., Tigard, OR 97223 (503) 639-4171. OTHER RESOURCE CONTACTS { "Tj Ej ELECTRICITY NATURAL GAS TELEPHONE CABLE TELEVISIt3N, SOLID WASTE uasa_ �—GbGW� Most of Tigard is served by the Tigard Water District. Some northern properties are served by the Metzger District. The Tigard Building { Division can advise you as to which district to contact. To obtain information about the following utility services for your business, contact: WATER - Tigard Water District, 8841 SW Commercial St., Tigard, OR 97223 (503) 639--1554. - Metzger Water District, 6501 SW Taylors Ferry Rd. , Portland, OR 97223, (503) 245-3331 ELECTRICITY - Portland General Electric, Western Division Center, 14655 S.W. Old Scholls Ferry Rd., Beaverton, OR 97005 (503) 643-5454. NATURAL GAS - Northwest Natural Gas Company, '220 N.W. 22nd Avenue, Portland, OR 97209, (503) 226-4210. TELEPHONE - General Telephone, 17855 N.W. Cornell Rd., Beaverton, OR 97229 (503) 64S-6454. CABLE TELEVISION - Storer Metro Cable, 14200 SW Brigadoon Ct. , Beaverton, OR 97075, (503) 644-3188. SOLID WASTE - There are three providers of solid waste service in the City of Tigard. These providers operate under exclusive franchise with the City. For information on which provider serves your business, contact City of Tigard, 13125 SW Hall Blvd., Tigard, OR 97223, (503) 639-4171. EEOC DEVELOPMENT CHECKLIST - PAGE 2 [ ] FIRE PROTECTION Most of Tigard is within the Tualatin Rural Fire District's area, however, kr the northern portion is within Washington County Fire District N1. The Tigard Building Division can advise you as to which district to contact. To obtain information on minimum fire protection standards, contact: Washington County Fire District N1, 20665 SW Blanton, Aloha, OR 97007 (503) 649-8577. Tualatin Rural Fire Protection District, P.O. Box 127, Tualatin, OR 97062 (503) 682-2601. E ] ELECTRICAL PERMITS To obtain information on electrical safety and permits-, contact: Washington County, 150 ft. -First, Hillsboro, OR 97124 k503) 684-4623. E ] HEALTH CODE The Oregon Revised Health Code Standards for food service govern this area, for information, contact: Washington County Health and Sanitation Departments, Washington County Courthouse, Administration Building, 150 N. First, Hillsboro, OR 97123 (503) 640-3538. { E ] EM HANDLER'$ PERM To handle food in your business, you and your employees must acquire a Food Handler's Permit from: Washington County Health and Sanitation Departments, Washington County Courthouse, Administration building, 1s0 N. First, Hillsboro, OR 97123 (503) 640-3538. E ] THI-MET PAYROLL TAX To obtain information regarding the Tri-Met Payroll tax, contact: Collection Division, Department of Revenue, State of Oregon. 955, Center Revenue Building, Salem, OR 97310 (543) 378-3390 or • Toll Free 1-SOO-452-7813. E ] LIQUOR LICENSE To obtain a license to serve or sell alcoholic beverages at your business, contact: Oregon Liquor Control Commission, 217 Plaza Complex, Building Three, Suite "E", Tigard, OR 97223 (503) 229-6113. .: ECONOMIC DEVELOPMENT CHECKLIST - PAGE 3 [ LABOR LAWS To find out which labor laws affect your new business, including affirmative action, wage and hour claims, working minors, employers' permits, etc. , contact: Bureau of Labor and Industries, Technical Assistance knit, 555 13th Street, N.E., Salem, OR 97310 (503) 373-1435 or Toll Free: 1-800-452-7813, Ext. 1435. E 3 SAFETY REQUIREMENTS To assure that your business complies with employee safety requirements under the Oregon Safe Employment Act, contact: Accident Prevention Division, Oregon State Worker's Compensation, 10700 S.W.' Beaver%oh-Hillsdale Hwy., Suite 414, Building 4, Beaverton, OR 97005 ; (503) 643-0100. E UM LICEMSES AND PERMITS To obtain specific state professional licenses and permits to operate your business, contact: Economic Development Department, Regulations Assistance Center, 155 Cottage Street, Salem, OR 97301 (503) 373-1234. OTHER 7MegRTANT NUMBERS 1 E 3 Tigard Area Chamber of Commerce, 12420 S.W. Main St., Tigard, OR 97223 (503) 639-1656. E 3 Tigard School District 23J, 13137 S.W. Pacific Hwy., Tigard, OR 97223 (803) 620-1620. E 3 Beaverton School District 49, P.O. Box 200, Beaverton, OR 97075, (503) 649-0283. (MpM:br/1431P) SIC DEVELOPMENT CHECKLIST - PAW 4 s u� Aj CITY OF TIFA RD,.....WASHINGTON COUNiY,OREGON _ ...Wmm� POTENTIAL 5 Vancouver Tigard's greatest assets are its potentia for continued quality growth and com- mitment to excellent development stan- 205 dards.Since incorporation in 1961,the City Portlarxd has rapidly become an urban community 99e intemationoi with a strong tans base and diversity of Pjv airport business. Tigard's tax rate of $1.99 per thousand is among the lowest in the Portland metropolitan area.The low rate Is credited to sound fiscal management PORTLAND and a strong economic base. Industrial and commercial properties represent a large proportion of the Tigard taut base. Pending local Improvement districts wa!i ,26 405 open up large sections of the community to future development thus further Beaverton 26 26— strengthening the base. Two areas are the focus of Tigard's economic develop- 990 meat effort;the Tigard Triangle and the 2 7 Control Buslness District. 99wr5 GROWTH POTENTIAL Ae Tigard is a fast grooving community with llga �d 205 further rapid development anticipated. take The CHYS Comrxehensive Plan, adopted / Oswego 99e In November. 1983, is structured to best 99w accommodate new growth. City policies encourage the opening of large tracts of land to commetclal and industrial JTualatln activity, thus Increasing an already strong ec:onorrOc base.A progressive Community 20 Devekapffwit Code is in place as well as an acttve Economic Development 5 Committee.These are further indications � �� of the CtWs desire to oc ommodate new businesses. Furthermore. Tigard has a stmarrik-ed permit processing system.The above is indicattve of Tigard's Interest in k®epklg and attrocflng high quality con vywmlai rand industrial concerns. LABOR FORCE AND EMPLOYMENT 1955 DEMOGRAPHICS The City of Tigard's population has grown Tigard 13A40 by over 212%since 1970.This tremendous Washington County 12OA80 grawth coincided with the rapid Portland Metro Area 614,190 development of Washington County as a high technology center and,more Impor- tant,an attractive place to live.The WoMorce reddkV vMMn 20 County and City labor force are highly minutes of Tigad(`!M3 92,780 educated with a substantial percentage of prokiissioncill and technical workers. 71gards labor force Is continuing to grow as employment opportunities diversify. sot, mew,w cn c«,* ECONOMIC DEVELOPMENT COMMITTEE TIGARD'S MAJOR EMPLOYERS A nine member Economic Development September 1986 Committee was created in 198 to develop the Citys economic strk,.WY. PRM PRODUCT or SERVICE EMPLOYEES The committee is made up of citizens representing industry,banking,com- Gerber legendary Blades Cutlery 270 merce and education. Four special areas Coe Manufact-iring Machinery 250 of economic concern are represented Farmers Insurance Insurance 250 on the committee.These areas,the f^cal points of the City's program,are:the Lcmb-Westor Fc--:' Products 240 Tigard Triangle,the Central Business Sentrol lnc. Electronic Components 200 District,the 72nd Avenue Industrial Area, RFD Publications Publishers 180 and the Cascade Blvd. industrial Area. ked Meyer-Tigard Shopping Center 170 Williams Air Control Motor Vehicle Parts 164 TIGARD TRIANGLE Irvington-Moore Sawmill Equipment 110 Early in 1983,the City annexed 162 acres fought and Co. Steel Fabricators 106 of the Tigard Triangle.This very desirable Siemens-Allis High Volt, Switches 103 area is bounded by three major Ted Nelson Co. Metal Fabricators 100 highways,Highway 99W,Highway 217 and 1-5. No more accessible or visible developable property exists in the Portland Metropolitan area. Most of the area lends itself to general commercial, commercial professional and industrial porks.The Haines Interchange 68th AAvenue4kxkway Local Improvement BUSINESS PARKS District are now in pace. These projects enhance and a second planned 1_ocal improv--mf nt District street project will RRafa Sq,R. turtf�r Ke the area's accessibility NO. of SpoCe arx ,;,-Jolk: services. 1. (PocTrust)Oregon Business Park 1100,000 TIGARD CENTRAL BUSINESS DISTRICT 2. Kol Business Park 276,940 The central area of Tigard Is the focus of 3. Park 217 245,000 a revitalization effort. Improvements to 4. Tigard Industrial Center 120,000 roads, storm drainage and railroad cross- 5. Commerce Plaza 77.850 Ings will be completed. These public 6. Atrium West 60=00 facility enhancements wll add to the economic development potential of the 187 acne area.in 1986 the City completed see map on oppoWe POW for k)C&k)n of eoch of fne above. Its Civic Center and Faruw Creek Park. 72ND AVENUE INDUSTRIAL AREA The bulk of Tigard's Industrially zoned land B located In this area.Three major business pocks already are In place as AVAILABLE INDUSTRIAL/COMMERCIAL SITES well as a large number of nationally known flfms. AAAI facilities are in ploce MAP which contribute to the growth potential REF. NUIM30 OF of the area. NO. NAME ACREAGE PARCELS A. Tigard Triangle 170.34 many CASCADE BLVD. INDUSTRIAL AREA B. Durham Road 50.5 1 The northern most tip of Tigard is the C. Hunzlker 37.5 2 tocatbn of several nationally known in- D. SW 85th Ave. 18.4 2 dushiat firms as well as the Koil Business E. Boons Ferry 14 2 Center.The oma Is adjacent to F. SW 74th Ave. 1172nd 1 WashingtonH Cascade Squame and has direct ac- G. asc nd Ave 111.1 2 gess to Highway 217.The Oregon Human cade 6.1 1 Development Corporation is strategically see map cn oppowe pave for loaatbn a each of the abau& located here as well, 4 I lull ■u w . . _ mill i"' . .... - go-on ni UN ii� u ,�► say . HOUSING RECREATION OPPORTUNITIES EDUCATION Tigard has a wide diversity of housing Tigard is easily accessible to many ex- Tigard residents are served by the styles and prices. New single family cellent recreational opportunities:the Tigard and Beaverton School Districts construction is taking place in several recreation and cultural facilities in as well as a good private school planned developments throughout Portiand. W.Hood seventy miles to the system.These systems provide Q Tigard.Over 350 single-family housing east and the scenic Oregon coast educational arty through hshi dh schod 4n permits were issued during the first nine eighty miles to the west. kindergarten months of 1986.The average cost of a The City of Tigard owns and maintains Higher education 4 uvalkable from single family home in Tigard is $86.000 Cook Park,the only regional park in both public and private education although the rouge is substantial. Washington County.The City operates institutions. Over 40.000 students are Within the city and county areas sur this 57-acre multi-facility City park as pursuing deers in the arts,engineer- rourv*ig Tigard,other housing oppor- well as several smaller neighborhood ing,the sciences,medicine, taw,and tuntttes abound.Styles ranging from parks and an expanding greenway other disciplines at area colleges In modern condominium and single fermi- and bicycle path system. close proximity to Tigard. Specialized N homes to well preserved farm homes the Tigard School District,with its programs goof study forigh technology are available to meet many lndN4dual modern school facilities,offers a full fief are available at the Oregon tastes. Homes priced for all income range of indoor and outdoor recreation k nyels are available in the area. year-round to Tigard's citizens. Graduate Center and Portland State Tigard's housing stock Is In excellent Citizens of Tigard are committed to University. Gond k)n with contemporary houses providing recreational opportunities Indushy-specific training Is offered in dornirx: ing.Duplexes,apartments and to ail members of the community. In Tigard by the Oregon Human Develop- c:o ndomtniums one available in a 1480,several citizens conceived of meet Corporation, in cooperation with variety of price ranges.The a4wage and organized an effort to raise funds the Private industry Council and the rent In T%Kwd Is$350. for the construction of a new high local Service Delivery Areas. school football stadium.This civic Also located in Tigard is the Portland effort is typical of the strong community Japanese School.The school offers attitude aftfing in Tigard. Saturday and summer classes for the children of Japanese families who are temporarily residing in the metropolitan area. Enrollment is approximately 120. The curriculum Is set by the Japanese Ministry of Education. POPULATION COLLEGES AND UNNERSITIES 4970.49" FALL 4986 1970 19x0 1986 7190d 6.500 142M 20 250 212' NAME SSTTttQ@OM LOCATLON DISTANCE Vft* *ton Co. 157.920 245.810 268.000 70% Pal Pltd.Main Area 1.007.130 1.242.590 1WA00 279s George Fox 550 NeWbeig 14 n*W Lewis&Clark 3DW Portland 7 mile" LkVWd 1A00 ape 28►stiles Marylixnst Ed. 1.050 1Alest lion 10 miles For Fuller tMcarxition Contact: OR Goaduate Ctr. 110 Beaverton 5"A" Paodllc Lkvly. 1.250 Forest Grove 25 frill t DepoftnentdC4mmunityDevelopment Reed College 1.110 Podk"d 10 mile" 113125 ty Of T%W EhKt Univ.of Portland 2AW Portland 16 rales TigP.ard x,�3 Public (W3)634.4171 OR Hlh.SCI.Univ. 1.170- Portland 7 frAw Portland St.Univ. 15.000 Portland 8 miler '%Kxd Chambery of C4nvnww Portland Comm Cot. 6.500 Portland 3 r Mier 42420 S W.hAdrt St. Mt.Hood Comm Cd. 3.730 Gr+rraIX" - 25 ndles OR 97223 639-1656 Ckx*.Comrm Col. 2500 Oregon City 12 miles fGARD9 A CITY YOU CAN OROW WITH 'gym MEMORANDUM /� b CITY OF TIGARD, OREGON TO: Honorable Mayor and City Council December 8, 1986 FROM: Loreen Wilson, Recorder SUBJECT: Tentative Agendas Schedule Attached, for your information, is the quarterly update of the tentative agendas schedule for the Council meetings scheduled through February, 1987. This information includes information developed at the 12/6/86 Council Workshop and the rescheduling of the Budget Committee meetings in January. lw/4451A f Nr+ N V S ++ 40 CL _ $ CL 02 CQ CL '� loci Y xl I x! xl xl ! xi XI I �I ! 1 �' � � � IIIIIIIiIIlIIIllli { ! o � � � �lyll �Ixliilllil { { 111111 NN \ � n � � N �lll �lxix1 �I11111lIIlIII ! mN gF e � � � �Igll �Ixl111 { 11111 ! llill M Q � � � � � � lilllllllll111 ! llx111 �� A �III { �11l �1l11111111 ! ! �� I C� � �IIl �Ixl �Iullll ! { II ! { III { N �I I I I xl I I l l l i l l l l l l l XI x{ x NIIN11il111ilmlmlAMP l �I � x x � L � , i w u a L �►. c7 p( g m ;ISO � .. y L rn O w . 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III I �'� � Illlllllllll ! { lIIIII SO N IIIIIIIIIIIlIlIIIIII , NIIII { IIlII { IIIllilll NN �Q14Q1 � a N II II II I III { II II I II II •\�N C p` N N N r�� � w { IIIIIII ! { Il { IIINII �� , ' ' � � IIIIllllllll { { 1 { 1111 =� � � �1 w i { II { II � I { IIIII { 1111 N� � � I { IIIIIIIIIIIIIIII { I ^N 0 I { Illllllllllllillli ��� l { all m1 d< N y cg a M 1 f� p■G O 6 w pMt W C � 2 d w g C M Y AG m OW 40 O cC{µ1D1 a d � O d Y 1 1 O •.+ C: �p IOC m C Ob[ O b d7 Y 40 M ~ w21 Y L i V t�7 ¢¢NGGG,, O f LL+p .w2. ?i C m .••� O. ObC i L v d N 1••'00 G � � b w u � C � � � .a•• W W •• II ,4 w p1 f b f� O a N tw A 4 .^r 4 MEMORANDUM C CITY OF TIGARD, OREGON TO: Honorable Mayor and City Council November 5, 1986 FROM: Loreen Wilson, Recorder } SUBJECT: Interim Building Use Policy Attached is the Interim Building Use Policy for your information. This policy has been reviewed by Councilor Eadon and wilt be used until Council ratifies its formal policy in January or February of 1987. Please note that staff will advise you, on the evening of 12/15/86, what the proposed rate will be for room reservations. Also attached is a copy of the Ti-yard Library Reservation information which is currently being used by the Library to reserve the Quiet Room. lw/4371A 4 W GUIDELINES FOR MEETING ROOM USE (INTERIM BUILDING USE POLICY) CITY OF TIGARD, OREGON The Tigard City Council is in the process of developing its policy for the use of the Tigard Civic Center. This is anticipated to be resolved by February, 1987. To facilitate the use of the building until that time, staff has administratively set the following interim building use policy based on direction from the City Council. ROOMS AVAILABLE FOR RESERVATION: o Town Hall Room - 90 people maximum o Town Hall Conference Room - 20 people maximum o Community Development Conference Room - 10 people maximum o Library Quiet Room, please contact the Tigard City Library RESERVATIONS AND SCHEDULING: The Tigard Civic Center has four rooms which are available for use and are available based on the following use priority schedule: 1. City Business & Governmental Agencies (i.e. staff meetings, board and committee meetings, etc.) Can reserve a room 2. Tigard Based Private Or Non--Profit Organizations (i.e. TCYS, Chamber of Commerce, Tigard Garden Club, etc. ) Can reserve the Town Hall, Town Hall Conference Room or the Library Quiet Roam. 3. General Public (non Tigard based and profit organizations) Can reserve Library Quiet Room Town Hall or Town Hall Conference Room. Rooms will be reserved for a specific length of time, and care should be taken to reserve the room for a long enough period to allow for preparation of the meeting and returning the room to the condition in which it was found. All efforts will be made to keep the room schedule intact, once reservations are made, however, the City retains the right to cancel or relocate a meeting upon 24 hours notice. ACTIVITY REQUIREMENTS The City is pleased to make meeting rooms available to the general public. To offer this service, the rooms must be used and maintained in an orderly, clean, and efficient manner. The following guidelines are not intended to be a burden to the public, but to assure that all users share the responsibility for room maintenance with the City. 1. Functions occurring in rooms must not violate any City ordinance. 2. Activities must not be disruptive to others present in the building. 3. Each user will designate an adult supervisor who will be responsible for the group's activities; receiving the building key from the Police Department Dispatch Center and returning same with the Checklist; and an adult shall be present at all activities. 4. Smoking is prohibited in any meeting room or hallway. 5. No alcoholic beverages or amplified sound systems are permitted in or on the premises of any City facility. 6. Pre-prepared refreshments (i.e. snacks, fruit trays, sandwiches, non- alcoholic beverages) are allowed only with prior approval. Cooking is not allowed. f 7. Religious groups may use a room for social gatherings, however, not formal worship services. s PAGE 1 OF 2 lw/4371A 8. The room shall be left clean, with trash removed from the premises, and room furnishings in the same configuration as when the room was entered. 9. The City will not furnish use of office telephones, typewriters, copy machines, etc. to users. A public telephone is located in the Police Department Lobby for your convenience. APPLICATION FOR USE To use a City meeting room, an 'Application For Use' must be completed and submitted to the City Hall Information Desk located at 13125 SW Hall Blvd, Tigard, Oregon. The Application will be reviewed by the City Recorder's office and applicants will be notified of approval or denial. If the room furnishings configuration needs to be modified for your use, you will be charged S O.00to have cover the cost of staff setting up the room for your use. CITY LIABILITY All groups or individuals using City meeting rooms agree to take appropriate measures to protect, indemnify, and defend the City, its elected and appointed officials and all employees against any and all claims as a result of persons attending any function at the facility. This provision includes any expenses incurred by the City defending any such claim. The City, its elected and appointed officials and all employees will not be held responsible for any lost or stolen articles, clothing, etc. as a result of persons attending any function in the building. USER LIABILITY The City recognizes that a certain amount of wear will occur to meeting rooms over the course of normal use. However, in the event the above maintenance guidelines are violated, the user will be liable for the following charges. `~ 1. Repair or replacement of equipment or facilities damaged due to neglect, vandalism, or misuse. 2. Replacement of locks and keys, in the event keys are not returned. PAGE 2 OF 2 lw/4371A APPLICATION FOR TIGARD MEETING ROOM USE City of Tigard 13125 SW Hall Blvd Tigard Oregon 97223 ROOM TO BE RESERVED: �+ Town Hall Room - 90 people maximum Town Hall Conference Room - 20 people maximum Community Development Conference Room - 10 people maximum To reserve the Library Quiet Room, please contact the Tigard City Library 1. NAME OF GROUP/ORGANIZATION 2. ADDRESS PHONE 3, CONTACT PERSON PHONE 4. INDICATE TYPE OF ORGANIZATION: City business or governmental agency Tigard based private or non-profit General public 5. DATES/TIMES ROOM WILL BE USED 6. DESCRIPTION OF ACTIVITY_ 7. ROOM FURNISHING CONFIGURATION CHANGE NEEDED - YES NO (If Yes, attach map showing room set up required and submit payment of { s with this application. 8. NUMBER OF PEOPLE EXPECTED TO ATTEND _ 9. RESPONSIBLE ADULT WHO WILL BE ON PREMISES 6 PICKING UP ROOM KEY AT POLICE DEPARTMENT DISPATCH COUNTER 10. CHECK CITY EQUIPMENT TO BE USED: Chairs_ Tables Sound System 11. REFRESHMENTS TO BE SERVED: 12. SPECIAL EQUIPMENT TO BE USED: I acknowledge having received and read the Interim Building Use Policy notice. The activity described above will be conducted in accordance with these guidelines, and I accept responsibility for any charges for damage incurred by the City of Tigard due to the requested use of the building. SIGNATURE: DATE: OFFICE USE ONLY: APPROVED DISAPPROVED If Disapproved, Reason: City Recorder Date LOGGED / APPLICANT NOTIFIED / DISPATCH NOTIFIED / CHECKLIST RECEIVED / lw/4371A CHECKLIST FOR MEETING ROOM USERS This checklist should be completed and returned with the meeting room key to the Police Dispatch Center. Name of Organization: Date/Time of Room Use: Person Completing Form: Phone N Description Prior -to Event Following Event Proper Room Configuration No Litter Carpet, Tables, Etc. Clean Equipment In Good Repair — Lights Turned Off _- Room and Building Locked If any answers above are "no", please explain: Thank you for your assistance in keeping the City meeting rooms neat and in good repair! FOR OFFICE USE ONLY Drivers License Received Drivers License Returned Followup lw/4371A r -4 a \.�. i<�� "r�����„�� ,.�.� ,3' �, , , �� �. ;;, �,� � • .�: ^.� it'' r� � _• � '� v �- t.-.�.� .��..�: 4 i �M `tt .�F s`S,'tY. il`. C�i I i�.l '. .•T�':. �j ttf: ,�}. j-! `i.r� 7y'.' -1 _ -._ ■ "f �' '' /, ,� �' .. " �?�S:,f,.,. / f' .���: �' :til.(,l:t��irJi C[yy I'*•�.�1».,L':,*:�4 '��;�-�-" '� -. ...:�aL�..:e,.�. POLICY ON MEETING ROOM USE FOR NON-LIBRARY ACTIVITIES The Tigard Public Library provides a meeting/study room for library sponsored or co-sponsored pro- grams and meetings which meet the library's civic, l information, educational, cultural and recreation- al service goals. When not in use for library activities, the meeting/study room is available to local community organizations and committees under the following guidelines approved by the Library Board. The Library Board neither approves nor disc roves of content topics, sub ect matter or ants-of-view of individuals of groRps using the meeting study room. 1. The room is available for non-profit, educa- tional or cultural groups or individuals who wish to study. 2. Groups may schedule a regular meeting time. Groups with a regularly scheduled meeting will be notified if a special situation arises and will be asked to re-schedule a certain date to accomodate any special meeting or event. 3. A group may not charge admission for a meeting or event. 4. Generally, educational or training conferences, _ workshops, planning sessions, etc. , need not ` be open to the public and will not be publi- cized with library events. Admission fees or collections may not take place, but registra- tion fees for materials or tutition may be collected in advance off .the premises. 5. The meeting/study room is available for use during the hours the library is open. A pro- gram or meeting may not continue past the closing hour for the library. Special, arrange- ments can be made for use of the room when the library is closed to the public but library staff is in the building. The room is not available on days the library is closed and library staff is not present. r 6. Simple refreshments may be served in the meet- Ing stu y room provided the room is left in the condition it was found and users bring their own utensils and supplies. Notification ` must be made ahead of time if refreshments are to be served. The group will be charged for damage incurred to furnishings or carpet during the meeting. No alcoholic beverages are allowed on the premises. 7. No smoking is allowed in the library. 8. The Library Hoard of Trustees or the City of Tigard are not responsible for accidents, injury or loss of individual or group property while using the meeting/study room. 9. Specific rules governing the use of the meet- ing/study room will be established and super- vised by the City Librarian and Library Staff. RULES FOR USE OF MEETING/STUDY ROOM FOR NON- LIBRARY ACTIVITIES 1. Room applications and reservations are taken at the Circulation Desk and over the telephone during regular library hours. Telephone reservations must be confirmed in person by the contact person at the time the application is signed by the contact person at least one day before the meeting, event, etc. , is held. 2. Room must be used in accordance with Board ' approved library policy. 3. When arranging for the room for other than study purposes, you must dive organization or group name, title of program, whether open to the public, any special equipment or fur- nishing needed, number expected to attend, a contact person to call in case of conflict and time arriving and leaving. 4. Library sponsored or co-sponsored programs have priority over non-library programs, but advance reservations will not be cancelled less than three weeks before the scheduled date. 5. The room may be inspected prior to the date of a meeting. Groups are encouraged to check the room to make sure it conforms to the use desired. (See insert sheet for floor plan of room and furnishings and equipment avail- t able.) ( 6. The library will see that requested equipment is placed in the room, but arrangements to the floor pian must be set up by the group using the room. The group must return the room to j the original arrangement when the meeting is i over. Fifteen minutes is allowed for set-up prior to the meeting time and 15 minutes for clean-up after the meeting. 7. Pick up any clutter before leaving. Any T . -W. 7 damages resultin from use of the room will e c arcxed to the group and will prevent the group from using the room thereafter. �..-, S. Activities not open to the public must be designated at the time the reservation is made and will not be publicized with library events. 9. ?ick up the room key at the Circulation Desk with a staff member. The condition of the room will be checked at this time. Inform staff at the close of the meeting so that the condition of the room can be checked again. 10. If two or more individuals wish to study together, each person must fill out a sign-up form. Indlvduals may use the room as long as needed with the following conditions: a. There is a 2 hour limit if another individual signs up to use the room. b. If a meeting has been scheduled for a certain time, the room must be vacated 15 minutes before the start of the meet- ing. 11. Library hours are subject to change. Please check with the Circulation Desk for current hours. f 4! t i MEETING/STODY ROOM -- SPECIAL TFATORES low..........�. .. • .. _ ... Tom.• j r�- t MOWER Ot PDOFLE ROOM CAN SEATt 11 13 TO 6 MORE CHAIRS.CAN RE_ADWO) $122 Ot RDOMs 243.3 SMARR BEET PORNISMINGSt 1 RECTANGOLAR TABLE 6 CHAIRS { LOUNGE CHAIRS 1 ANTIOUZ ARM CHAIR A-V RWIPIOW# 27• TELEVISION WITH CABLE HOOF-Ut AVAILABLE ROOM HAS GLASS DOOR THAT CAN BE CLOSED. i i F-11 4,a i -n r :Sly a Tj8ard Public i 0 9 � iyz �r SIGN-UP FOR USE OF MEETING/STUDY ROOM FOR INDIVIDUAL STUDY/READING YOU MAY USE THE MEETING/STUDY ROOM AS LONG AS YOU WISH WITH THE FOLLOWING CONDITIONS: 1. THERE IS A 2 HOUR LIMIT IF ANOTHER INDIVIDUAL SIGNS UP TO USE THE ROOM. 2. IF A MEETING HAS BEEN SCHEDULED FOR A CERTAIN TIME, THE ROOM MUST BE VACATED 15 MINUTES BEFORE THE START OF THE MEETING. NAME: ADDRESS: City Etate zip PHONEt TIME: LIBRARY CARD NUMBER (IF ONE HAS BEEN ISSUED) : CONDITION OF ROOM AT BEGINNING OF SIGN-UP: GOOD: DAMAGES NOTED: STAFF MEMBER INITIALS: CONDITION OF ROOM AT END OF SIGN-UP: GOOD: DAMAGES NOTED: STAFF MEMBER INITIALS: I HAVE READ AND UNDERSTOOD THE POLICY AND RULES FOR USE OF THE MEETING/ STUDY ROOM AND DO AGREE TO ABIDE BY THEM. SIGNATURE DATE �a i MEMORANDUM C CITY OF TIGARD, OREGON TO: Honorable Mayor and City Council December 15, 1986 FROM: Loreen Wilson, Recorder b-0 SUBJECT: Interim Building Use Policy The cost for room reconfiguration has been figured at $20.00 Per application. This is to be charged only if the applicant wishes to have a different furnishings arraignment that normal in the room being reserved. This figure is based on 2 hours of work (1 hour to set—up and 1 hour to tear--dawn the room). With the staff member being used to do this work, the hourly rate was used with 50% added for benefits and overhead which figured to be $18.28. Staff has rounded this figure to $20.00 and recommends Council include this in the policy prior to approval on consent agenda. 1w14457A „y- CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF: December 195,_198.k __ AGENDA ITEM q: DATE SUBMITTED: /Z - g -,_f6 PREVIOUS ACTION- ISSUE/AGENDA TITLE: C.I.P. Status Report - November, 1986 _ — PREPARED BY: Randall R. Wooley REQUESTED BY: DEPARTMENT HEAD OK: _ILS2 ._. CITY ADMINISTRATOR: POLICY ISSUE A report on the status of the various projects in the CIP and LID programs. INFORMATION SUMMARY Attached is the monthly report on CIP projects as of November 30, 1986. ALTERNATIVES CONSIDERED 1. Receive information report; no formal action required. SUGGESTED ACTION Receive reports; no action required. (RRW:br2503P/31P) Page 1 _. CAPITAL IMPROVEMENT PROGRAM STATUS REPORT November 30, 1986 ST-1 — Resurfacing of Fairview Lane, Fairview Court & 116th Place Completed. ST-2 — Resurfacing of SW 68th Parkway Completed. ST-3 — North Dakota Street Resurfacing and Reconstruction (90th to 95th) Wet weather has forced us to stop work for the winter. Work will be completed next year. Some extra gravel was placed to assure access during the winter. ST-4 SW 104th Avenue Reconstruction Completed. ST-5 - Commercial Street Connection This project has been postponed. ST-6 - Tiademan Avenue Realignment Consultant working on final design. ST-7 - North Dakota Street Realignment at 115th Avenue Final design complete. Staff is working on right-of--way acquisition. Construction will need to be deferred until Spring. ST-8 - Realignment of 79th Avenue at Bonita Road This project is beinc; constructed in conjunction with development of Mara Woods Subdivision. Clearing has begun. ST-9 - Main Street Improvement Study Completed. ST-10 - Hunziker Street Realignment Study Completed. ST-11 - Traffic Signal at Greenburg Road and Tiedeman Avenue Being designed by the State as a Federal Aid Project. ST-I2 - Traffic Signal at Scholls Ferry Road and North Dakota Street Completed. ` ST-13 - Traffic Signal at Burnham Street and Hall Blvd. Design is underway. ST--14 - Traffic Signal at Hall Blvd. and McDonald Street Design is underway. Page 2q t; _ ST-15 - L.I.D. No. 85-1, Hall Blvd. Street Improvements } Construction complete. We are compiling final costs for LID closout. ST-16 - L.I.D. No. 35, S.W. 68th Parkway £_ Construction complete. We are compiling final costs for LID closeout. ST-17 - L.I.D. No. 40 Dartmouth Street Extension Engineering design work is apprOAimately 50% complete. Property appraisal reports for right-of-way are complete. ST-18 - Pacific Highway and Canterbury Lane Intersection Improvement The State has scheduled this project for 1990 construction. y 135th Ave./Murray Blvd. L.I.D. Council has authorized preparation of a preliminary engineer's report. 4 (RRW:br25©3P/31P) Page 3 SS-1 — Sewer Plaster Plan r The master planning work will be scheduled for this winter. SS-2 — Pinebrook Sewer Trunkline Repairs We will be evaluating how to complete the repairs as soon as work load M permits. SS-3 — SW 69th Avenue Sewer Extension Project completed. SS-4 — O.E.A. Trunk Access Paths The work has been delayed to better coordinate with private development in the area. SS-5 — Watkins Avenue Sewer Repair Project complete. SS-6 — 100th Avenue and Inez Street Sewer L.I.D. The LID was defeated. r SS-7 — 74th Avenue and Cherry Drive Sewer L.I.D. u The LID was defeated. SS-B — Elmhurst Sewer Extension Still working on acquiring the required easements. SS-9 — 89th Pl. Sewer Report Scheduled for Spring, 1987 SS-10 — Industrial Area Sewer RR Crossing Scheduled for 1997. SS-11 — Sewer Capacity Upgrading Projects will be defined during the CIP update. P` (RRW:br2503P/31P) a. a Page 4 � t SD—1 — Gaarde Street and Canterbury Area Drainage Improvements Construction plans are complete. We are working on acquiring the necessary easements. SD-2 — Gentle Woods Channel Improvements Due to difficult access for construction equipment, we are re—evaluating the repairs to be done. SD-3 — 100th Avenue Storm Sewer (Murdock—Sattler Scheduled for 1987 if funding is adequate. SD-4 — Summerlake/Anton Park Drainage Construction plans are being prepared and easements acquired. Construction schedule will depend on weather and easement acquisitions. PK-1 — Cook Park All work is complete except for irrigation and the pedestrian bridge to the float. The bridge is here but cannot be installed until the float is repaired, City craws will be installing irrigation in the spring. PK-2 — Woodard Park Project completed. PK-3 — Summercreek Trails This project has been delayed by weather and workload. It will be rescheduled. (RRW:br2503P/31P) xt. Page 5 CIP/LID PROJECT STATUS As of November 30, 1986 TPROJEC:TSTATUS ESTIMATED COMMENTS PROJEC'P COMPLETION 1 DATE >. tr o tT Cto � c M w w t � w U r ST-1 _ Fairview Resurface •4. fr"` ,, ''ov Com leted ST-2 - SW 68th Parkway Resurfa '•: Completed ' ST-3 - No. Dakota Resurface ,< 1987 ST-4 - 104th Ave. Reconstruct .h Com leted - Commercial St. Connect. -� )ject-Toaggned Po -ST-6 - Tiedeman Ave. Realign. 6/30/87 ST-7 - No. Dakota Realign. r 1_6130/87 Construction by ST-8 - 79th/Bonita Realign. ? Private Daveloger — ST-9 - Main St. Improve. Study Completed Prelim. Engrg. Only ST-10-• Huntiker Realign. Study Com leted Prelim. Enaru• Only ST-11- Greenburg/Tiedeman Sign 6/30/87 — f. . r r ST-12- Scholls Fry/No Dak Sign Completed ST-13- Burnham/Hall Signal •' 12/31/87 ST-14- Hall/McDonald Signal f f' 12/31/87 ~f •f ST-15- Hall LID #85-1 Completed f ST-16- SW 68th Parkway I.ID #35 ' '~ Completed ST-17- Dartmouth I.ID #40 ? 7/31/87 rf�• �r18- 99W/Canterbury Improve. r 1990 _ 4 CIP/LID PROJECT STATUS F, As Of November 30, 1986 PROJECT STATUS ESTIMATED COMMENTS PROJECT COMPLETION DATE L C yp wOl C C r4 C 4 Q1 JJ a vp c w +� a SS-1 - Sewer Master Plan 3 SS-2 - Pinebrook Trunk Repairs ' SS-3 - SW 69th Sewer Extension I Completed SS-4 - OEA Trunk Access Paths ? q&-S - Watkins Ave. Sewer Repai Completed q S$-6 - 100th/Inez Sewer LID --- LID Defeated SS-7 - 74th/Cherry Sewer LID --- I,TD Defeated SS-8 - Elmhurst Sewer Extensio ? F - 89th Pl. Sewer Repair 8 SS-10- Industrial Area RR Xing 1987 — SS-11- Capacity Upgradia 1987 ; 1 i .: - - ........i..... 1 S A•S 'r1'k S �J Vim•-`Sk* 'y�J ' S"1 •-> -A Wit! _ _ • . _ G •�.'K��X�Sti�''JJ�'L��� �YA"M �' , �mm�I�. IWOJ�MMI 1 F �M. . . y ••s. '�T�:i.'T 1 .list. T2jj��S�Thi-.-•.'t' � •���t _ r Y. MEMORANDUM J . CITY OF TIGARD. OREGON J TO; Honorable Mayor and City Council December S. 1986 FROM: Loreen Wilson, Recorder SUBJECT: Council Meeting Calendar Attached, for your information, is an update of the Council Meeting Calendar 1987. This information for the Council meetings scheduled through June, and a revision includes information developed at the 12/6/86 Council Workshop to the Buda meeting Committee oom Tra conflict Workshop requiredMthisnchangeduled for January. There wa lw/4451A i ,r MEMORANDUM CITY OF TIGARD, OREGON TO: Honorable Mayor and City Council December 8, 1986 FROM: Loreen Wilson, Recorder SUBJECT: Council Meeting Calendar Update The following meeting dates have been set for Council meetings through 6/87. Jan. 5 Mon. MEETING CANCELLED Jan. 12 Mon. 6:30 Study Session/7:00 Business Meeting Jan. 19 Mon. 6:30 Study Session/8:00 Study Agenda Meeting Jan. 20 Tues. 7:00 Budget Committee Training Workshop Jan. 23— Fri.- 24 Sat. Council Goals Workshop Jan. 26 Mon. 6:30 Study Session/7:00 Business Meeting Jan, 27 Thur. 7:00 Budget Committee Feb. 9 Mon. 6:30 Study Session/7:00 Business Meeting Feb. 16 Mon. 6:30 Study Session/8:00 Study Agenda Meeting Feb. 23 Mon. 6:30 Study Session/7:00 Business Meeting Mar. 9 Mon. 6:30 Study Session/7:00 Business Meeting Mar. 16 Mon. 6:30 Study Session/8:00 Study Agenda Meeting r" Mar. 23 Mon. 6:30 Study Session/7:00 Business Meeting Apr. 11 Sat. Council Workshop Apr. 13 Mon. 6:30 Study Session/7:00 Business Meeting Apr. 20 Mon. 6:30 Study Session/8:00 Study Agenda Meeting Apr. 21 Tue. 7:00 Budget Committee Apr. 27 Mon. 6:30 Study Ses3ion/7:00 Business Meeting Apr. 28 Tue. 7:00 Budget Committee May 4 Mon. 6:30 Study Session/7:00 Business Meeting May 5 Tue. 7:00 Budget Committee May 11 Mon. 6:30 Study Session/8:00 Study Agenda Meeting May 12 Tue. 7:00 Budget Committee May 18 Mon. 6:30 Study Session/7:00 Business Meeting May 25 Mon. MEMORIAL DAY HOLIDAY Jun. 8 Mon. 6:30 Study Se3sion/7:00 Business Meeting Jun. 15 Mon. 6:30 Study Session/8:00 Study Agenda Meeting Jun. 2 Mon. 6:30 Study Session/7:00 Business Meeting Jun. Fri.— Sun. Council Training Workshop CZ lw/4451A MEMORANDUM CITY OF TIGARD, OREGON TO: Honorable Mayor and City Council December 8, 1986 �K FROM: Loreen Wilson, Recorder at SUBJECT: Approval of Advance Refunding It is anticipated the Council and Local Contract Review Board will direct staff to begin the process for advance refunding of the General Obligations City Building Bonds issued in 1984. If approval is given, staff would recommend approval of the resolution discus.;ed under item #10 of this agenda. lw/1 401 F F$ d a `xJ MEMORANDUM I CITY OF TIGARD, OREGON Honorable Mayor and City Council November 5, 1986 TO: 0"WFROM: Loreen Wilson, Recorder SUBJECT: Contingency Appropriation Resolution Council is scheduled to discuss contingency adjustments at the 12/8/86 Council meeting. Upon conclusion of that meeting, staff will prepare a resolution to appropriate contingency based on Council direction. This resolution will be n, This will hand—carried to the meeting of 86 into for u aecembeae31 �o1986 financial allow this action to be incorporated reports. lw/4434A a C a ST CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF: December 15, 1986 DATE SUBMITTED: December 12, 1986 ISSUE/AGENDA TITLE.: Resolution PREVIOUS ACTION: Council Approved Appropriating Contingency Positions & Expenditures on 12/8 86 PREPARED BY: Wayne Lawry DEPT HEAD OK CITY ADMIN OK REQUESTED BY: POLICY ISSUE State law requires formal action by City Council should they desire to transfer contingency appropriations during the fiscal year. INFORMATION SUMMARY At the City Ccuncil meeting of December 8, 1986, the City Council approved additional staff positions and minor Civic Center expenditures to be funded through the appropriation of contingencies in the General Fund and the State Tax Street Fund. The approved Civic Center expenditures and the approved positions and related costs are as follows: Police: Secretary/Clerk Comm. Serv. : Records/Court Manager Comm. Dev. : Assistant Planner I Traffic/Transportation Engineer DEPARTMENT FROM TO APPROPRIATION POLICE-SUPPORT SERV. Personal Services $225,800 $234,800 $ 91000 Materials & Services 38,850 38,850 0 Capital Outlay 0 0 0 TOTAL POLICE $264,650 $273,650 $ 91000 CITY RECORDER Personal Services $ 74,198 $ 84,698 $10,500 Materials & Services 8,695 10,195 1,500 Capital Outlay 3,500 3,500 0 TOTAL CITY RECORDER $ 86,393 $ 98,393 $12,000 ENGINEERING Personal Services $240,635 $256,860 $16,225 Materials & Services 34,770 35,945 1, 175 Capital Outlay 22,000 22,000 0 TOTAL ENGINEERING $297,405 $314,805 $17,400 PLANNING Personal Services $191,260 $203,243 $11,983 Materials & Services 36,850 37,467 617 Capital Outlay 0 0 0 $240,710 $12,600 TOTAL PLANNING $228,110 ti' DEPARTMENT FROM TO APPROPRIATION CAPITAL PROJECTS-GEN. $ 50,000 $ 53,000 $ 3,000 TOTAL $926,555 $980,558 $54,000 CONTINGENCY General Fund $599,600 $563,600 <$36,600> State Tax Street Fund 764000 58`000 <17,400> TOTAL CONTINGENCY $675,600 $621,600 <$54,000> ALTERNATIVES CONSIDERED 1. Do nothing. 2. Adopt attached resolution. FISCAL IMPACT Appropriation of $36,600 from General Fund Contingency and $17,400 from State Tax Street Fund Contingency. SUGGESTED ACTION Staff recommends passage of the attached resolution. WL:sb/0216W CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF: December 15, 1986 DATE SUBMITTED: December 5, 1986 fcs'' ISSUE/AGENDA TITLE: PREVIOUS ACTION: N/A Board and Committee Appointments PREPARED BY: Donna Corbe_t___ DEPT HEAD O CITY ADMIN OK REQUESTED BY: Mayor POLICY ISSUE Board and Committee Appointments INFORMATION SUMMARY The Mayor's Appointments Advisory Committee met on Thursday, December 4, 1986, to interview applicants for the Budget Committee vacancies. The recommenda- tions of the committee are in the attached resolution. ALTERNATIVES CONSIDERED FISCAL IMPACT SUGGESTED ACTION Approve the Appointments as recommended in this resolution. dc:1251p CiTYl7F TiFAitD CITIZEN COMMITTEE INTEREST APPLICATION NAME: DATE: ADDRESS (RES.): lII5 RES. gF9UNE: f2 l !� R / d •� g 7 1 3 - ADDRESS (BUS.): BUS. PHONE: LENGTH OF RESIDENCE IN TIGARD; SUGGESTED BY: WHERE DID YOU LIVE PREVIOUSLY? �/g R Ar / EDUCATIONAL BACKGROUND: 6--A R Q 1 1 C S CAoe t S Q D r 1y®lt'r-AWAPr 2nA SL1 a��/4�-✓T ��u1/S ' - C ! ARIcy C oL(Ac"GE OCCUPATIONAL STATUS AND BACKGROUND: [� �- J4 w t1 I? JR L7.rf/ c HOW LANG HAVE YOU BEEN EMPLOYED WITH THIS FIRM? S THIS COMPANY LOCATED WITHIN YOUR NPO AREA (HP0 APPLICANTS ONLY)? REVIOUS COMMUNITY ACTIVITY: ` ORGANIZATIONS AND OFFICES; �il OTHER INFORMATION (GENERAL REMARKS): 3 :3 1 WARDS, COMMITTEES. OR NPO INTERESTED IN: fJ!J c>,,��� � O x4m 1-sr e e,_____-- - --------------- ------------------------------------------------ --- Dace Keteaved at City Hall Date lntervieved r Hoard, Committee, tic NINO Inside City;_ Outside City _ ecRYOFTIGARD CITIZEN COMMITTEE INTEREST APPLICATION NAME: DATE: � Y � ADDRESS (RES.): I f��� W �l} j RES. PHONE: ADDRESS (BUS. ): SW - BUS. PHONE: -7e9-3 LENGTH OF RESIDENCE IN TIGARD: � SUGGESTED BY: Y'49 wt-- WHERE 010 YOU LIVE PRZVIOUSLY? gg 1 ,;)IV4 --�- T`1 / IVN le567-A-- EDUCATIONAL BACKGROUND: (ZA1 � OCCUPATIONAL STATUS AND BACKGROUND: HOW LANG HAVE'YOU BEEN.EMPLOYED WITH THIS FIRM? tE PHIS COMPANY LOCATED WITHIN YOUR NPO AREA (NPO APPLICANTS ONLY)? VLOU COMMUNITY ACTIVITY: PAS - � �cc n ORGANIZATIONS AND OFFICES: . • �cE' — Lof a, OTHER INFORMATION (GENERAL REMARKS): .CL4 R_ N US, COMMITTEES OR NPO INTERESTED I N: _ou P.Q.M/�j Tr$y- -�- ------------------------------ __ ---------------- ------- 34ie ftecrived at City Hal I Date Intvt v iewed v,—'Appointed _ 14oat'd, Coll nit t 4— +lS:i ctc City Ull f!i 1 e :I t r _ / NECEI VEL) 1�1► JUL 24 1986 CITY OF TIGARD CITIZEN COMMITTEE INTEREST APPLICATION CITY OF TIWD NAME: QJ d G/ ' �Q /l DATE: ADDRESS (RES.):0 14b7Y 0[.) Aanno er e-k ` 1ase— RES. PHONE: 1o8�—e�Cd I Ti Ar , a - 97a ay ADDRESS (BUS.): Jr// A)lJ -ClroICDOm 5'_y7 BUS. PHONE: )Por11a.-iot , Dr 9740 -sy89 LENGTH OF RESIDENCE IN TIGARD: m s, SUGGESTED BY: WHERE DID YOU LIVE PREVIOUSLY? l.'an h EDUCATIONAL BACKGROUND: -1- radicaded �TU�r' G�dod6L:rn �� .?C`td`'/ 'f /97A and_ re-c n need g/At AS de rue- ire A sin css /n, �cz••� P,n ro//eat. a.t to 1 s t Cv//P t. 40-11 a"c" `�' �d wC,-ro /�! OCCUPATIONAL STATUS AND BACKGRdUND: .,��yvrx G5 Gn d �K/,TTrca'7!/P� f75s�SfA+t 7dr Wu feda v-t .50i1 ions erya.a�ie�>✓_ �,�e 7"rG%�i o w�,[�i -77 wo,-Ao,d as lI �ttssyC �►' �efita n?�a(1r.�-� �drr,n fi.e.r-�- % �i,-floral 0� HOW LONG HAVE YOU BEEN EMPLOYED WITH THIS FIRM? 7 mo 5 IS THIS COMPANY LOCATED WITHIN ,YOUR NPO AREA (NPO APPLICANTS ONLY)? PREVIOUS COMMUNITY ACTIVITY: k! a /of gat, D-oc A jfa 21-r- 1 !t/ /1 ' e'dwld& /.4.lP/1 dYOLLII[L L�..1 /oa //2�\ if dv ORGANIZATIONS AND OFFICES: OTHER INFORMATION (GENERAL REMARKS): T IeJQS s• /V Vq 4'._ ^^ /_97/ " /9 ?/o . oY/�40� ,fDr�'jl a5, �� '.� �S ofoui/ .few%I�_ Qdni:e. yi"o�.•� /9'7G �/9�'✓. r �j s S r SSS. s �L AS _LGv/t r OI YIt G�Oo a��w w. c rrra Int. T Pct u` �o%`j/i s so..�. 5..0- die 5 BOARDS, COMMITTEES OR NPO IN'l'ERES'1'EU IN: -------------- bate bate`Received -at City Hall _ _ Uate [ntervieaed /�• iE AI_ Aate,,Arpointed Board., Committee. or NPU insi�]c City Outside City (0346N) CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF: December 15 1986 DATE SUBMITTED: December 12, 1986 ISSUE/AGENDA TITLE: Parking PREVIOUS ACTION: Restrictions on SW 92nd Ave. PREPARED BY: Randall R. Wooley DEPT HEAD OKE /1.CITY ADMIN OK REQUESTED BY: City Council POLICY ISSUE Shall parking be prohibited on portions of SW 92nd Avenue in the vicinity of the High School? INFORMATION SUMMARY At the December 8th meeting, the Council directed that parking should be prohibited along the west side of SW 92nd Avenue across from the High School. Residents of the area requested that the parking be prohibited in order to improve traffic safety, parked vehicles being a sight distance restriction for motorists entering 92nd from Martha Street and Millen Drive. It was pointed out that prohibition of parking on 92nd may result in more student parking on Martha and Millen. However, it was concluded that we should prohibit the parking on 92nd now and address later any parking problems which may arise on the side streets. Previously, we have also received complaints of parking along the narrow portion of 92nd south of the High School. Parking sometimes occurs along the approach to Cook Park during special events at the park or the High School. There is restricted sight distance in this section due to the curved alignment of the roadway. Because the roadway is narrow, parked vehicles force motorists to drive left of the roadway centerline. It appears that parking should be prohibited for safety reasons except in the area near the park where a wide gravel shoulder exists. The attached ordinance establishes the parking restrictions discussed above. ALTERNATIVES CONSIDERED 1. Adopt the attached ordinance. 2. Amend the ordinance. 3. Allow parking to continue. FISCAL IMPACT If parking is prohibited, the necessary signing will cost approximately $600, including installation costs. T SUGGESTED ACTION Passage of the attached ordinance. RRW:cn/2775P ..3 CITY OF TIGARD, OREGON ORDINANCE NO. 86- AN ORDINANCE AMENDING AND SUPPLEMENTING CHAPTER 10.28, OF THE IGARD MUNICIPAL CODE BY ADDING TO SECTION 10.28-130 TO PROHIBIT PARKING ON TIONS OF SW 92ND AVENUE, DECLARING AN EMERGENCY AND FIXING AN EFFECTIVE DAT , THE CITY OF TIGARD ORDAINS AS FOLLOWS: Section 1: That Section 10.28.130 of the Tiga Municipal Code, be, the to locations where parking is prohibited at any time, same is hereby amended and su lamented to add thereto now subsections as follows: "10.28.180 Prohibited at any me. No person shall at any time park or leave standing a hicle of any kind of character, whether motorized or not, whether attended or unattended, within the following defi ed portions of public streets and highways within the City: �taeaa �t ( } within the west half of the right--of-way of SW 92nd Avenue, beginning at he intersection thereof with the south right-of-*my line of Durham Road; thence, extending southerly one thousand four hu red fifty feet; and ( ) within the ri t-of-way of SW 92nd Avenue, beginning at a z. point which lies o e thousand four hundred fifty feet southerly of the south rig t-of-way line of SW Durham Road; thence, extending southe y one thousand one hundred ninety feet; excepting theref the south six hundred eighty feet of the west half thereo PASSED: By vote of all Council members present after being read number and title only, this day of 1966. Loreen R. Wilson, Acting City Recorder APPROVED: This day of 1986. John E. Cook, Mayor 1 sb127 .�ORDINANGE.NO 66 fiago 1. �'� ,`k��°i Ya�,.�'"" *+,e' .`e_•� ;tic ,`i'yc;v� tR%'� .w+'�. b.�= _ _ •" DOS �► �41 ► a a� S.M..IANLET ST. L. OURHAM R0. A AY cG . . MARTH w )S.W. C00 S•� '�j > CT. J LIA ST. % CZ It/D•egAVAle, N�'sr'ssAE� C ♦ MILLEN KED, N�1 aci RWOOD ! • � �RMa•�vr,�ew� �,eOQTiv saoir.S , v. • �. et`'ti•�a�.. �t Ex�,�►r gas ictvsr�ur � vd• (� 3 E N � y ar t COOK PARK w . • s SHAWNEE CO WAY A4k�iyEE a CITY OF TIGARD OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF: December 15, 1986 DATE SUBMITTED: December 15, 198_6_ _ ISSUE/AGENDA TITLE: Approve Chief PREVIOUS ACTION: Purchase Vehicle of Police Employment Agreement for Chief of Police �Wiso Modification - City CarUse PREPARED BY: Loreenn_ DEPT HEAD OK CITY ADMIN OK REQUESTED BY: Loreen Wilson POLICY- ISSUE Should the vehicle provided to the Chief of Police be provided as part of the employment agreement, allowing his use of the vehicle for business and personal use? -� INFORMATION SUMMARY The Council has discussed, on several occasions, the provision of a police vehicle for the business and personal use of the Chief of Police. The Council has recognized the unique need for the Chief of Police to have available to him a radio-equipped vehicle to respond to emergencies during duty and non-duty hours. The Council has provided the Chief of Police with a police vehicle for business and personal use. The issue to be decided is what constitutes personal use. The City Attorney and staff have researched the issue and have submitted the following options for Council review and consideration: OPTION 1: "E. Vehicle Provision. The CITY shall provide a city-owned vehicle to EMPLOYEE for his use. The CITY will supply all maintenance, fuel, oil, and other necessary items to maintain the vehicle. Personal use of said vehicle by the EMPLOYEE is allowed provided he supplies the fuel for this use. The CITY authorizes the EMPLOYEE to use the above-referenced vehicle for official City of Tigard business, and for personal use within the Portland Metropolitan Area that is incident to law enforcement functions. The CITY does not authorize use of this vehicle for vacation or recreational trips." OPTION 2: "E. Vehicle Provision. The CITY shall provide a City-owned vehicle to EMPLOYEE for his use. The CITY will supply all maintenance, fuel, oil, and other necessary items to maintain the vehicle. The CITY authorizes the EMPLOYEE to use the above-referenced vehicle for official City of Tigard business, and for personal use that is incident to law enforcement activities." ALTERNATIVES CONSIDERED 1. Amend the Chief of Police's Employment Agreement after deciding which option Council wishes to enforce. 2. Provide the vehicle pursuant to Council policy in another format. FISCAL IMPACT N/A s { SUGGESTED ACTION Motion to adopt a resolution with language inserted as Council directs. f 'f } lw/4457A CITY OF TIGARD, OREGON RESOLUTION NO. 86-132 A RESOLUTION OF THE TIGARD CITY COUNCIL AMENDING THE EXECUTIVE SERVICE EMPLOYMENT AGREEMENT WITH DAVID C. LEHR REGARDING USE OF A CITY VEHICLE. WHEREAS, the Chief of Police has been provided a City-owned vehicle for response to work needs and emergency call-out situations; and WHEREAS, it is the City Council's desire to supply a City-owned vehicle for the sole use of the Chief of Police. NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council that: Section 1: The Chief of Police is hereby authorized to utilize a City-owned vehicle for his use. The City of Tigard will supply all maintenance, fuel, oil, and other necessary items to maintain the vehicle. The City further authorizes the Chief of Police to use the vehicle for business or personal use, however the personal use must be incident to law enforcement activities. Section 2: The Employment Agreement first entered into with David C. Lehr, dated April 14, 1986 and ratified on August 11, 1986, is hereby amended by mutual agreement of the parties as follows (language to be added is underlined): IN SECTION 4 - SALARY, VACATION AND OTHER BENEFITS: "E. Vehicle Provision The CITY shall provide a Cite-owned vehicle to EMPLOYEE for his_use The CITY will supply all maintenance, fuel oil, and other necessary items to maintain the vehicle. The CITY authorizes the EMPLOYEE to use the above referenced vehicle for official City of Tigard business, and for Personal use that is incident to law enforcement activities." PASSED: This _ _ day of 1986. Mayor - City of Tigard ATTEST: Deputy City Recorder - City of Tigard lw/4457A RESOLUTION NO. 86-