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City Council Packet - 12/07/1987 REVISED AGENDA AS OF 12/4/87 TIGARD CITY COUNCIL PUBLIC NOTICE: Anyone wishing to speak on an REGULAR MEETING AGENDA agenda item needs to sign on the appropriate BUSINESS AGENDA (CATV) sign-up sheet(s) . If no sheet is available, a' DECEMBER 7, 1987, 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 HALE_ 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. (p:30 o STUDY SESSION - Agenda Review BUSINESS 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. VISI:TOR'S AGENDA (2 Minutes or Less Per Issue, Please) 2.1 ADMINISTER OATH OF OFFICES TO NEW POLICE OFFICERS - Mayor Brian 2.2 RECOGNITION OF SUCCESSFUL UTILITY WATCH PROGRAM - Mayor Brian 3 . 1987 WASHINGTON COUNTY UPDATE o Commission Chair- Bonnie Hays b Commissioner Rogers 4. LID 1135 -- 68TH PARKWAY - SPREADING OF FINAL ASSESSMENT -- PHASE V 0 Public Hearing Continued from 11/23/87 Council Meeting 0 Declarations or Challenges o Summation by City Engi.necer/Project Engineer 0 Public Comment o Recommendation by City Engineer o Council Questions or Comments o Public Hearing Closed 0 Consideration by Council - Ordinance No. 87--...... 5. COMPREHENSIVE: PLAN AMENDMENT CPA 87-.02 ZONE.: ORD. AMENDMENT ZOA 87-03 Request by the City of Tigard to amend the following sections of the Community Development Code as they pertain t0 SensiLi.ve Lands: 18.84, 18.80. 120, 18. 12.0.020, 18. 134.02.0, 1.8. 162.050, 1.8. 130.040, and 18.26.030. Also to amend Plan Policy Section 3 .2.3. o Public Hearing Opened o Declarations Or Challenges o Summation By Community Development Staff o Public Testimony: Proponents, Opponents, Cross Examination o Recommendation By Community Development Staff o Council Questions Or- Comments o Public Hearing Closed o Consideration By Council - Ordinance No. 87- 6. ZONE ORDINANCE AMENDMENT ZOA 87-06 DRIVE THRU WINDOWS CHAPTER 18. 130 A review by the Tigard City Council of a recommendation by the Planning Commission to amend Chapter 18. 130 Conditional Uses to add a section for Drive Thru Windows. o Public Hearing Opened o Declarations Or Challenges o Summation By Community Development Staff o Public Testimony: Proponents, Opponents, Cross Examination 0 Recommendation By Community Development Staff o Council Questions Or Comments o Public Hearing Closed o Consideration By Council - Ordinance No. 87- COUNCIL AGENDA - DECEMBER 7, 1987 - PAGE 1 7. UTILITY EASEMENT- VACATION - KNEELAND ESTATES # 2 SUBD. LOTS 131 AND 132 o Public Hearing Opened o Declarations Or Challenges o Summation By Community Development Staff r o Public Testimony: Proponents, Opponents, Cross Examination o Recommendation By Community Development Staff o Council Questions Or Comments o Public Hearing Closed o Consideration By Council - Ordinance No. 87- 8. UTILITY EASEMENT VACATION REQUEST - AMART SUMMERLAKE SUbr). LOTS 4 AND 5 o Public Hearing Opened o Declarations Or Challenges o Summation By Community Development Staff o Public Testimony: Proponents, Opponents, Cross Examination o Recommendation By Community Development Staff o Council Questions Or Comments o Public Hearing Closed o Consideration By Council - Ordinance No. 87-__._ 9. WESTWOOD SITE DISCUSSION o Community Development Director 10, TIGARD MUNICIPAL C:ODE:. AMENDME:.N"E - MAILBOX BLOCKING -- ORDI.NANCE It 87-•____ o Chief of Police 11. PARK SYSTEM DEVELOPMENT CHARGE INCREASE - ORD x/87- _ _ & RES 487- 0 City Administrator 12. 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 romoved by motion for discussion and separate action. Motion to: 12. 1 Approve Council Minutes: 10/26 and 11/2 12.2 Receive and File: a. Ambulance/ALS Report b. Council Meeting Calendar Update 12.3 Approve hire of Planner authorization & transfer- appropriations - Resolution No. 87- _ 12.4 Approve hire of Personnel Assistant & transfer- appropriations - resolution No. 87- 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), (e), & (h) to discuss labor relations, real property transactions, and current and pending litigation issues. 15. ADJOURNMENT lw/2099D COUNCIL AGENDA - DECEMBER 7, 1987 - PAGE 2 TIDIES PUBLISHING COMPANY Legal P.O.BOX 370 PHONE(503)684-0360 Notice BEAVERTON,OREGON 97075 Legal Notice Advertising Notice t Nn1 h • ❑ Tearseeo0V • �� a.. � � 1981 • "� -7 • ❑ Duplicate Affidavit 0 i • AFFIDAVIT OF PUBLICATION STATE OF OREGON, COUId OF WASHINGTON, )ss' I. being first duly sworn, depose and say-that I arp tfletAdvertising Director, or his principal clerk, of the a `s a newspaper of general circulation as e d in ORS 193.010 he and 193.020; published at a" 'd county and state;thatthe a printed copy of which is roto annexed, was published in the entire issue of said nowspa or for -successive and consecutive in the following issues: 19`�"�' Subscribed n n to before me this Notary Public for Oregon My Commission Expires: Z 0. AFFIDAVIT C �RtNG I�OrCE. The f,)Mowing will be considered by. the Tigard Ciry Co If R ole` ti>":CEAgP,ER 7,1987,at 7:30 P.tK,.at Turd Civic Center,Towii Hull Roams 13125 S.W. Tiall Blvd., Tigard, Oregon. Further tnforinsUon.tray f `talned from.the Community Development Dire lor.rn City Recorder at tm same loc ion or.by calling 639-4171.Yea are Invited to sub. mit wracii testirrauay to advance of the pubft hearing:wkitten.and oral to UMOny vrllt: be Boder at the hearing.`The public hearing,will.be conducted lit accordance with the applicable Cbapter 18.30 of the Tigard MuniclPOl Coda wid say rafts of procedure adopted by the Couocti and avatlable at CIO COMPRE'i F-N- VE PLAN1 AME"MENT CPA,87.02 ' ZONE ORMAW-E Il UENDMEN I ZOA 87-03 ?test by the City-of-nerd to amend the fcttoo?tng sectt�ns.ot t� C MInunityDev►lapment Co&as they pertain to Sevsg "� ' ,lei?to i6eend. p'eiiey Secfi NE ORDNANCE Z 1-IR GA INDOWS C Bir TIMES PUBLISHING COMPANY Legal P.O.BOX 370 PHONE(503)684-0360 Notice BEAVERTON,OREGON 97075 Legal Notice Advertising o Y • ❑ Tearsheet Notice • ❑ Duplicate Affidavit AFFIDAVIT OF PUBLICATION STATE OF OREGON, ) COUNT OF W'ASH(NGTON, )ss- I0,�. being first duly sworn, depose and say _�hat I aT thgAdvertising Director, or his principal clerk, of the a newspaper of general circulation as of ed in ORS 193.010 and 193.020; published at 14Zte in the aforgssaid county nd state; th a printed copy of which is h reto ann xed, was published In the entire issue of said news er for_ i� —successive and consecutive in the following issues: Subscribed a to before me this otary Public for Oregon My Commission Expires: /Z G I The fol1owt"2d6CW Wuft 11 are PublWwd Scw Y*UT WWM"01&. Farmer lofornwoon"+liWa'Vrdas1WY�� eS�l' � AFFIDAVIT " der, SW Hall Blvd,Ttgard,Oregon+ CITY COUNaL REGULAR MEE nNG—DECEMBER 7.1987 6:30 Px Study Session—7:30 P.M.Repler Mecifna TIGARD CMC CENTER,TOWN HALL 13123 S.W.HALL WULEVARD.TIGARD.OoEC$0N • 1687 Washtu3ton County Update—Commt5-on C bAtrPelson gags t • PuhLic RearlaW _.o va .Plan Anmdnirnt CPA 87-02 Ordirxne i Avktadment ZOA 87.03 — Zane Ordtatux Ar eendtr4 t ICDA 87.06 Drift 3li v d r % ": U�lly► _Z.ese��nt- KYa�tlC�e I�.eq'.te�l� � ;�1 ` t#3SpbdivIdM,Y.otj i3I and 132 i wm4fflt Vacwa,Request Amest Su eetSa : fiiC t{1�G[7G V\W'14Y.�SM�3IT4iLSS Jy iiil {l �ydttfl► eZR TIMES PUBLISHING COMPANY Legal r)_ (�tvo P.O.BOX 370 PHONE(503)684.0360 BEAVERTON,OREGON 97075 Legal Notice Advertising n !'�{.�fvty ♦ C. `� av • ❑ Tearsheet Notice L' 7j� • ❑ Duplicate Affidavit 4 198J • G� f , O • Oiit— \�\�f AFFIDAVIT OF PUBLICATION STATE OF OREGON, ) COUNTYQF WASHINGTON, )ss' se and say that I am the.Advertising being first duly sworn, depo Director,or his principal clerk, of the a newspaper of general circulation as defined in ORS 193.010 and 193.020; published in the aforesaid county and state; that the a printed copy of which is hereto annexed, was published the entire issue of said newspaper for— —succossive and consecutive in the following issues: lc Subscribed d swo o before me this _ P tary Public for Oregon My Commission Expires:°1- Z c- AFFIDAVIT NOT( O AMA13'I SUA mmtuMSLOTS 4 and 5) UTI LI SASEMSF.NT VACATION REQUEST ,The Tigard City Council will hold a public hearing on Monday,Decem- b0 7,1987 at 7:30 p.m,at the Tigard Civic Center Town Hail Room.13125 S.V Halt Boulevard,Tigard,Oregon to consider the proposed vacation of ; p6strUc ut111ty eas3ementa within laic 4 and 3.Asnart Surnmerlake,a recorded 1 ,In the City of Tigard,Washiagtaa County.Oregon The subject vacation ! d is to return to private owners*Sp as easement which is no ioager needed for utilities as Currently mligned.The request was Initiated by tha City Couacil on i)ctober 26,1987 at the reclut at Load Development Consultants.Any = L Interested person may appear and ire heard !or or agalr�t the proposed I vncaUon of said lands Any written objections or remons�sances sball be Bled with the City>itecosrder fey December 7.1487,by 7:30 P. T'Pili 80—Publish November 5,12,19,25 and December 3,19$7 TIMES PUBLISHING COMPANY Legal P.O.BOX 370 PHONE(503)684-0360 Notice ^ BEAVERTON,OREGON 97075 Legal Notice Advertising �G . • ❑ Tearsheet Notice (, • 3 Z 33 • ❑ Duplicate Affidavit Q� • �Jr AFFIDAVIT OF PUBLICATION STATE OF OREGON, COUNT OF WASHINGTON, ass. being first duly sworn, depose and say that I am the Advertising Director, or his principal clerk, of the `��*c9A `% newspaper of general circulation as defined in ORS 193.010 and 193.020; published atin the afor d county and state; that the a printed copy of which is hereto ann was published in the entire issue of said newspaper for _____successive and consecutive in the following issues: 't1c��-•-iax=tt S �t �9 Z� 7. c-�-. %fit C Subscribed to before me this�cZ-- —1— ary Public for Oregon My Commission Expires:"Z¢ - AFFIDAVIT / NOTICE OF KNEELAND ESTATFS NO.2 SUBDIVISION (LOTS 131 and IM UTILITY EASEMENT VAODON REOUFST The Tlgard•City Council will hold a public hearing on Monday,Dec►m- ber 7, 1987 at 7:30 p.m.,at the Tigard Civic Center Town Hall Roam,13125 S.W.Hall Boulevard,Tigard,Oregon to consider the proposed vacation of public utility easements within lots 131 and 132,Kneeland Estates,a record- ed plat, In the City of Tigr rd,.Washlr on County, Orepm The subject vacation Is to return to,private ownership an easement which is no longer needed for utillUes as currency allgmed.The request was initiated by the City Count;on OdAber 26,1987 at the request of Rainier Bank of Oregon. Any interested person may appear and be heard for or against the proposed. vacation of said (ands.Agq;ra!i�tten objecttans or�shall be W with the City' recorder by her 7,198?,by 7:30 pxL ! 'aT8181-Pitbiisl(Novot'hber 5,112,19,25 and Deeem*ber 3,1987 T I G A R D C I T Y C O U N C I L REGULAR MEETING MINUTES - DECEMBER 7, 1987 - 6:45 P.M. M 1 . ROLL CALL: Present: Mayor Toni Brian; Councilors: Carolyn Eadon (arrived at 6:50 PM), Valerie Johnson (left at 10:30 PM, arrived at 10:40 PM), and John Schwartz; City Staff: Bob Jean, City Administr•at-or; David Lehr•, Chief of Police; Keith Liden, Senior• Planner (arrived at 7:03 PM and left at 10:30 PM); William Monahan, Community Development Director•; Liz Newton, Senior Planner• (arrived at 7:45 PM and left 8:50 PM); Jill Monley, Community Services Director (left at 7:35 PM); Tim Ramis, Legal Counsel; and Loreen Wilson, City Recorder. 2. STUDY SESSION DISCUSSION a. DOWNED WOOD: City Administrator briefed Council regarding allegations received regarding wood being removed from Cook Park by City employees. He advised Council that City policy was that wood cut in the park was to be given to either the Wood Coup or the Senior Center. He noted that the policy in the past had been to allow employees to remove wood from the park for personal use. He stated that policy had clearly been changed five years ago and that necessary disciplinary action would be taken. b. URBAN SERVICES AREA OF INTERE:SI : the Administrator• stated that. information had boon received by the City that Royal Mobile Villa was proposing to annex to King City. Fie reported contact with the Administrator for King City and found that King City was not planning any annexations of the area. City Administrator~ further suggested that it was time to develop a formal, written inter- governmental agreement between Tigard and surrounding cities to identify and support Tigard' s Area of Interest. Council consensus was to have staff look at formalizing an agreement and return to Council with that document. c. 68TH PARKWAY ASSESSMENTS: City Administrator• advised Council that two letters of remonstrance had been received and should be added to the agenda and discussion on for the LID. COUNCILOR EADON ARRIVED: 6:50 PM d. PARKS SDC: Concern was expressed by Councilor Schwartz regarding the amount of increase of the SDC funds especially in light of the Council' s concern with the neighborhood park element of the , recently adopted Park Plan. He further stated that he did not feel it was appropriate to use any of the funds received through SDC to develop neighborhood parks. Councilor Eadon noted that in her work with the Park Board for the last year there had been a need addressed for an increase in the SDC funds to be consistent ! with surrounding jurisdictions. e. COUNTY SHERIFF'S DISTRICT: City Administrator advised Council that the Chiefs of Police of Tigard, Tualatin, King City, and Sherwood had developed a feasible southeast county patrol district option. He stated that this would be reviewed with page 1 - COUNCIL MINUTES - DECEMBER 7, 1987 1 Council at the 12/21/87 meeting before submitting to the County for consideration. f. OTHER AGENDA ISSUES: City Administrator- questioned whether the Budget Committee should be held on Tuesdays or Wednesdays. After some discussion, Council agreed to modify agenda item 12.2(b) to show Budget Committee meetings being held on Tuesday through 6/88. SENIOR PLANNER LIDEN ARRIVED: 7:03 PM Councilor Schwartz noted some questions regarding the proposed Personnel Specialist position. Council and staff discussed the funding of that position and the fact that it' s in the adopted action plan. City Administrator also advised Council that no executive session would be needed at the meeting. g, WESTWOOD SITE DISCUSSION UPDATE: Community Development Director updated Council regarding contacts with Westwood Development over the last week. He advised that they had removed 18 trees per Council direction and were proposing replacement with 2.9 - 8" caliper trees. Lengthy discussion followed regarding the placement of trees and placement of the proposed Pad "C". Council noted that no written landscape maintenance plan was received. Limited discussion was held regarding the minimum requirements for the length of time a maintenance plan should be in place to ensure the survival of the 8" caliper trees. Also, Council expressed concern regarding various location options for Pad "C" and the drive through window access and parking. h. AMBULANCE/ALS RL:PORT: Councilor Schwartz requested this item being removed from Consent Agenda so that he might update Council with some further clarification. RECESS: 7:35 PM RECONVENE:: 7:37 PM 3. CALL TO STAFF AND COUNCTI FOR NON-AGENDA ITEMS a. City Administrator requested Council modify their agenda to amend 12.2(b) to indicate Budget Committee hearings on Tuesdays and that agenda item 12.2(a) be moved to non-agenda items for discussion. q, VISITOR'S AGENDA: No one appeared to speak. 5. ADMINISTER OATH OF OFFICE TO NEW POLICE OFFICERS a, Mayor Brian administered the oath of office to two new police officers, Mr. Christopher Nash and Karl Kaufman. b. City Administrator noted that the officers were hired as a result of the northeast Me�zger annexation. Page 2 - COUNCIL MINUTES - DECEMBER 7, 1987 b. RECOGNITION OF SUCCESSFUL UTILITY WATCH PROGRAM a. Mayor Brian noted that on December 1, 1987, the Tigard Police Department received a hold up alarm from the Far West Federal Savings Bank on Scholls Ferry Road. The officers were enroute to the crime scene when they were informed by Police dispatch that: a General Telephone dispatcher had received information from UTE utility workers about a possible suspect. The Police dispatcher and GTE dispatcher stayed on tha line with the utility workers from the phone company and police officers to coordinate the eventual arrest of the bank robbery suspect. Mayor• Brian noted the Utility Watch Program was similar to a neighborhood watch but used utility workers from the utility companies to report suspicious activity in the area. Mayor Brian presented Keys to the City to the GTE employees involved, in recognition of their efforts. Employees receiving Keys were Charlie. Polston, Dori Cowan, and Kim Bump. Mayor and Council congratulated the utility employees on their effort. 7. 1987 WASHINGTON COUNTY UPDATE a. Commission Chair Bonnie Hays and Commissioner Roy Rogers appeared before Council to extend the County' s appreciation for• Tigard's efforts and assistance through 1987. SENIOR PLANNER NEWTON ARRIVED: 7:45 PM b. Commissioner Roy Rogers stated the County was look irig at contracting service delivery for police services. He rioted that the Country was interested .in delivering that service in the most cost affective and time effective manner. lip further stated the County would be looking at also coordinating the issuance of planning and associated permits in tl•ie most cost. effoctive and convenenL manner possible. He encouraged Council to look at this issue as a common goal with the County. He further advised Council that a prison siting study had begun with one s.ita being identified within Tigard city limits. tie noted the timeline for a decision had been stepped up with site visits occurring in December and a decision scheduled to be made in early Spring. He stated he wished to applaud Tigard for tackling several difficult. issues in 1987, and further noted appreciation for the time he was able to spend with the Council working through the various issues. C. Commission Chair Bonnie Hays also noted congratulations to the Tigard Council for their continued efforts with a forward look. She presented the Council with a certificate of appreciation from Washington County. d. Mayor Brian and Council members expressed their thanks for the time spent by Commission Chair Hays and Commissioner Rogers to make the presentation and stated they wished to extend their appreciation to the entire County Commission for accomplishments during 1987. Council expressed the desire to continue with a cooperative effort with Washington County during 1988. Page 3 — COUNCIL MINUTES — DECEMBER 7, 1987 i i law 8. LID NO. 35 — 68TH PARKWAY — SPREADING OF FINAL ASSESSMENT — PHASE V a. Public hearing opened. b. No declarations or challenges were filed. C. Community Development Director• stated the City Engineer was riot available to make a presentation. He briefly synopsized the history for Council of the final assessment review that had been done by the City Engineer and Project Engineer. fie stated that cost over—runs were a result of three issues: 1. A delay in construction; 2. Design changes which were requested by the City, property owners, and the State Highway Division; and 3. Construction changes which were required to react to conditions encountered at the time of const-r•uction, especially soil stability problems. He further advised Council that there was normally a contingency amount computed with the assessment on an LID to cover any unknown overages. lie stated the final construction cost was only 3% higher than the original bid and that the was normally considered to be a very acceptable cost var•.iance. He did note that this particular• I.TD did riot have any contingency budgeted Ile further recommondud the adoption of ordinance "A" which would adopt the approval of the original assessment role without an interest credit. Public.. Comment: o Mr. Way Loo appeared opposing the final assessment amount rioting an increase from the original preassessment amount-. He stated that the additional costs, he felt, were a result of an error• on the part- of the Engineer and the City when the extension was done. o Mr. Keith Thompson, Cooper Consultants, 11675 SW 66th Avenue, appeared as the Project Engineer. He synopsized the history of the construction and site work rioting that the design changes were made at the request of OEA and the State Highway. He further noted that Mr. Lee' s assessment was higher• over-all than otht�r assessments since the street relocation reduced the right-- of-way credit which Mr. Lee would have originally received. d. City Administ-r•ator noted that Council had requested further• � information on finance cost and arbitrage concerns. He noted that arbitrage was not an issue since bond cost on the early year bonds was greater then the interim interest earnings. However, + credit for interim interest- earnings could still be an issue to i consider. He and Legal Counsel noted that the City Code provided that "Interest earnings on bond proceeds shall be placed in the j Special Assessment Fund until the bonds have matured, at which time the remaining amount shall be transferred to the General Fund." He stated that this clearly applied to the handling of interest on long—term bonds, however, the policy on the interim or short term warrants normally used wasn't clearly stated. Page 4 — COUNCIL MINUTES — DECEMBER 7. 1987 tie advised Council of history on other LID's which used a pre— assessment method and noted that a refund of interim interest had been done in the past when the preassessment was higher than the final assessment. He noted that on the 68th Parkway Project the preassessment was lower then the final assessment and that if bonds had been used instead of the preassessment the interim interest cost would have been added to the assessments. tie noted that there was no authorization in the code to allow interim interest as a credit. He stated this was a matter of policy for Council to decide. e. Community Development Director recommended approval of the ordinance option "A" which would not allow for the interest credit. f. Public hearing closed. g. ORDINANCE NO. 87-65 AN ORDINANCE: DE:TE::RMI:NING THE. FINAL COST' OF' THE IMPROVEMENTS IN THE SOUTHWEST" 68TH PARKWAY (STREET) IMPROVE— MENT DI:S-ERICT NO. 35; APPORTIONING OF 1HE COST AMONG THE BENEFITED PROPERTIES, SPREADING THE ASSESSMENT, DECLARING A DEFICIT ASSESSMENT OR CREDIT FOR EACH PROPERTY, AND D:I:RECTI.NG JHE ENTRY OF ASSESSMENTS :IN THE LEAN DOCKET AND SETTING THE INTEREST RATE. h. Motion by Councilor Johnson, seconded by Councilor E:adon, to adopt. Approved by unanimous vote of Council. present. i . Councilor Johnson noted she could suppur•t the final assessment amount since tho preassessment, method was supported by property owners, the time frame was rushed and the road redesign change was also supported by property owners. j . Mayor Brian noted concern with the exclusion of a contingency amount in the project and encouraged staff to include in the future. 9. COMPRE14ENSIVE PLAN AMENDMENT, CPA 87--02 — ZONE ORDINANCE AMENDMENT, Z_OA 87-03 Request by the City of Tigard to amend the following sections of the Community Development Code as they pertain to Sensitive Lands: 18.84, 18.80. 120, 18. 120.020, 18. 134.020, 18. 162.050, 18.130.040, and 18.26.030. Also to amend Plan Policy Section 3.5.3 . a. Public hearing opened. b. No declarations or challenges were received. C. Community Development Lirector noted that this was the second time the Sensitive Lands Section of the TMC was brought to Council for streamlining. The first streamline included FEMA regulations. Senior Planner Liden synopsized the issue before Council and advised that the amendment was intended to accomplish the following: Page 5 — COUNCIL MIrUTES — DECEMBER 7, 1987 1. Staff review only for minor projects which do riot resolve in and fill or permanent landform alteration; 2. Streamlining the review process so that sensitive lands reviews for activity and drainageways, on steep sloPes and/or wildli`-�Ajetland areas be shifted to the Director from the Hearings Officer (floodplain review would continue to be retained by the Hearings Officer); and 3. Clarification of open space and other terms requiring better definitions. He also noted a comprehensive plan amendment was included as part of the application which would modify policy number 3.5.3 and applicable code sections to make it clear that floodplain dedication was a condition of the development approval. d. Public Testimony: Opponent o Mr. Carl Johnson, 9873 SW Burnham, rioted that NPO #4 had looked Olt the issue briefly. He was personally concerned regarding his property located adjacent to Fanno Creek, rioting that the land was in the floodplain. lie that a taking of the land after development or when development was riot possible seemed to be inappropriate based on current federal case law. Mr. Johnson then distributed a copy of an article taken from the Sunday Oregonian dated July 12, 1987, which was entitled "Property Rights Finally Upheld." Legal Council rioted based on currently federal case law that if there was no development right left on thea property it would seem that the property would be considered as a taking. However, if there was some beneficial right to the property with development, based on the casks law, that would riot be considered a taking. Mayor Brian noted his appreciation to Mr. Johnson for his concern. He stated that currently ti,e code was riot being rewritten but- basically a shift was taking place to have the applications for sensitive lands be handled on an administrative level rather than at the Hearings Officer level. He suggested should Mr. Johnson wish to modify the sensitive lands process that a comprehensive plan amendment would be the way to accomplish that and suggested he contact City staff regarding such an application. e. Senior Planner Liden recommended approval based on staff's proposal and the Planning Commission's recommendation for approval. f. Public hearing closed. g. ORDINANCE NO. 87-66 AN ORDINANCE TO AMEND CHAPTER 18.84 AND POLICY 3.5.3 OF THE COMMUNITY DEVELOPMENT CODE AND COMPREHENSIVE PLAN (ZOA 87-03 AND CPA 87-02) AS THEY PERTAIN TO SENSITIVE LANDS. Page 6 - COUNCIL MINUTES - DECEMBER 7, 1987 h. Motioned by Councilor Johnson, seconded Councilor Schwartz, to adopt. Approved by unanimous vote of Council present. 10. ZONE ORDINANCE AMENDMENT, ZOA 87-06 — DRIVE THROUGH WINDOWS — CHAPTER 18. 130 A Review of the Tigard City Council of a recommendation by the Planning Commission to amend Chapter 18. 130 Conditional Uses to add a section for Drive Through Windows . a. Public hearing opened. b. No declarations or challenges were filed. C. Community Development- Director synopsized the request stating that the adoption in October of Ordinance No. 87-45 allowed drive through windows as a conditional use in the action areas. He stated in order for conditional use applications to consider drive through windows the application would be through the Hearings Officer process . d. Public Testimony: No one appeared to speak. e. Community Development Director recommended approval . f. Public hearing closed. 9. ORDINANCE NO. 87-67 AN ORDINANCE: TO AMEND CHAP fE:R 18. 130 OF' THE COMMUNITY DEVELOPME::NT CODE -- HOME OCCUPATIONS (7.OA 87-06) sE- -TING AN EF F ECT].VE DATE:: AND DECLARING AN EMERGENCY. (Note for the file by Recorder. This ordinance was found after- the meeting to contain a scribner•' s error- in its reference to home occupations versus conditional uses in the title. This ordinance will be brought back later to Council for correction of that scribner•'s error. ) h. Motion by Councilor Schwartz, seconded Councilor Eadon, to adopt. Approved by unanimous vote of Council present. 11. UTILITY EASEMENT VACATION -- KNEEL.AND ESTATES 02 SUBDIVISION _. LOTS 131 AND 132. a. Public hearing opened. b. No declarations or challenges were filed. C. Community Development Director synopsized the request noting that the vacation was being processed by the City at the request of- Rainier Bank of Oregon. He stated the purpose of the vacation was to eliminate a public utility easement that was no longer needed for public purposes. Community Development Director also advised that public utility companies had been contacted and had filed no objections to the proposed vacation. Page 7 — COUNCIL MINUTES — DECEMBER 7, 1987 i i d. Public Testimony: No one appeared to speak. e. Community Development Director recommended approval. f. Public hearing closed. g. ORDINANCE 87-68 AN ORDINANCE CONCERNING VACATION OF A PORTION OF PUBLIC UTILITY EASEMENT WITHIN KNEELAND ESTATES #2, A RECORDED PLAT, IN THE CITY OF TI:GARD, WASHINGTON COUNTY, OREGON. h. Motion by Councilor Johnson, seconded Councilor Eadon, to adopt. Ap^ •oved by unanimous vote of Council present. 12. UTILITY EASEMENT VACATION REQUEST AMART SUMMERLAKE SUBDIVISION — LOTS 4 AND 5. a. Public hearing opened. b. No declarations or challenges were received. C. Community Development Director advised Council that the vacation was being processed by the City at the request of Don Morissette Builders, Incorporated. The proposed vacation consisted of a 10 foot wide easement between lots 4 & 5 of Amar•t Summer lake. d. Public Testimony : No one appoared to speak. e. Community Development Director recommended approval rioting that utility companies had been conLacted and had filed no objections . The easement was initially reserved for public utilities and that would no longer be needed since necessary utilities were being provided from Springwood Drive. f. Mr . Ryan O'Brian, repro^entative of Dori Morissette Builders, stated that Mr. Morissette had purchased land in tho area to develop Summerlake Phase IV. Group discussion followed regarding the effect of the recently submitLed 130th Avenue request to Council for condemnation. Community Development Director, rioted that this particular vacation did riot effect action on 130th Avenue Council was considering. g. Public hearing closed. h. GRDINANCE NO. 87--69 AN ORDINANCE CONCERNING VACATION OF A PORTION OF PUBLIC UTILITY EASEMENT WITHIN AMART SUMMERLAKE, A RECORDED PLAT, IN THE CITY OF TIGARD, WASHINGTON COUNTY, OREGON. i. Motion by Councilor Schwartz, seconded by Councilor Johnson, to adopt. Approved by unanimous vote of Council present. SENIOR PLANNER NEWTON LEFT: 8:50 PM Page 8 — COUNCIL MINUTES — DECEMBER 7, 1987 i( t •13 . WESTWOOD SITE DISCUSSION a. Community Development Director synopsized the Council direction given at the November 23, 1987, meeting and read an excerpt from the Council minutes into the record noting two motions made on this topic. He then presented the site plan submitted by Westwood Corporation noting the trees that were proposed would be basically a minimum of 8" caliper. He stated the height of the trees would vary between 20 and 40 feet. He further said the 29 Douglas Firs were being installed to replace the 18 trees removed. Community Development Director stated one cluster of seven trees would he planted in the area along Durham Road referred to as Group 2 adjacent to the proposed Pad "C". He stated that proposed Pad was shown conceptually on the plan. It had her_n moved slightly to the south from the original site plan and the eventual actual location of the pad could change. lie further advised that Lilt existing trees referred to as Group 4 would be preserved. He r•,-�w to Council's attention that the plan showed a line near Group 4 trees which no construction could occur within without prior consultation and approval by the arborist-. Iie stated that a copy of the Collier Report for the recommendation for remedial care of existing trees was attached. b. Mr . Gerald Foy appeared before the Council to discuss the details of the site plan. He noted that Pad "C" was a tentative location and, upon further discussion with McDonald's who is looking to utilize that area of the development, may need to be relocated. He requested he be allowed to riot plant the grouping of seven trees in Group 2 until the exact location of Pad "C" was determined. Mr. Foy further stated that all of the other sites for plantings noted on the revised site plan was firm. 1"he seven trees in Group 2 would be moved no more than five or ten feet either way so that McDonald's could draw up their plan and submit that for approval . It was Mr. Foy' s intent that Planning Commission and Council would have final approval on the location and design of Pad "C." After very lengthy discussion with Westwood, City staff, and Council members, consensus of Council was as follows: (Note this has been listed in numerical order by tree groups) . o Group 1 Trees: An addition of two trees with the berm height being increased to assist screening of parking lot but riot the buildings. The berm is to be rolling in nature and must ensure traffic safety sight- clearance. o Group 2 Trees: Retain the berm at 2' — 3' in elevation. Paving is to occur south of the seven replacement trees and not north of said trees. The seven trees may be moved approximately five feet east or west, but riot to the north j a of the location shown on the revised site plan. City 3 staff shall retain an arborist to review tree placement in i relationship to any paving areas to best determine how to preserve the trees. A remedial care landscaping plan is to be reviewed and accepted by staff. Page 9 — COUNCIL MINUTES — DECEMBER 7, 1987 o Group 3 Trees: No activity other than minimal landscaping and landscape maintenance shall be allowed within 2.5 feet of the base of the trees. Such landscaping shall not adversely affect Group 3 trees . o Group 4 and 5 Trees: No activity other than minimal landscaping and landscape maintenance shall occur within 25 feet of the base of the trees. Such .landscaping shall riot adversely affect Group 4 and 5 trees. o Further action required: Council will review the final Director' s decision based on this meeting's direction z prior to issuance and final location of Pad C. City staff and Council discussed filing deadlines for the material to be presented to them. December 14, 1987, 12:00 Noon, was noted the time of submittal required for packet material to the City Recorder in order to meet the publishing deadline for the December 21, 1987 packet. Staff further advised that if that deadline was not able to be met, the next available Council meeting would be January 11, 1988. RECESS: 10:30 PM SENIOR PLANNER LIDEN & COUNCIL.OR JOHNSON LE::FT: 10:30 PM RECONVENE: 10:39 PM i 14. TIGARD MUNICIPAL. CODE AMENDMENT -- MAILBOX BLOCKING a. Chief of Police advised Council of several parking problems which had been identified ;n the residential areas around the Tigard High School ovor the last 18 months. One ongoing parking problem } during thk� schoo) day was that. of student vehicles parking in ,f such a manner to block the approach to and exit from mailbox delivery attempts. He further stetted that recently the Tigard ; Municipal Court dismisseda parking cite issued to an individual parking within a foot of the mailbox. The Court held that the ; current City ordinance required the vehicle to be parked directly in front: of the mailbox to be in violation. He suggested that: the proposed amendment be approved to disallow parking within 10 feet of a mailbox during the peak hours for mail delivery purposes which would be 8:00 AM to 4:30 PM. He suggested that this ordinance be adopted to be applied City-wide. t COUNCILOR JOHNSON ARRIVED: 10:40 PM ' b. ORDINANCE NO. 87-70 AN ORDINANCE OF THE TIGARD CITY COUNCIL z AMENDING SUBSECTION 10.28. 170 (11) OF THE TIGARD MUNICIPAL CODE RELATING TO PARKING RESTRICTIONS AND DECLARING AN EFFECTIVE DATE. r C. Councilor Eadon questioned whether the Chief had adequate staff c to enforce such an ordinance. Chief of Police replied that staff was available to enforce the ordinance. Discussion followed regarding the issue of whether this should be a City-wide ordinance or whether it should be applied only to the Tigard High School area. The Chief of Police noted that his department received complaints on a City"-wide basis, but that the majority Page 10 - COUNCIL MINUTES - DECEMBER 7, 1987 E 4 d • of the complaints came fr-jm the high school area. He further rioted that enforcement woo d be implemented on a complaint basis only and that with more cluster mailboxes being installed in the City that it was becoming more of an issue City—wide than before. r d. Motion by Councilor Eadon, seconded by Councilor Johnson, to approve. Approved by unanimous vote of Council present. 15. PARK SYSTEM DEVELOPMENT CHARGE INCREASE a. City Administrator advised Council that the Park Board had discussed and requested an increase in the Park System Development Charges. He rioted that: Council had recently adopted the City--wide Park Plan as recommended by the Park Board and rioted that the plan set forth the cost associated with land acquisitions and improvements needed to maintain the park system. Since the City's SDC for parks had riot been adjusted since 1984 and costs associated with the expansion of park facilities had increased. He recommended approval . b. Mayor Brian noted that during recent interviews with Park Board members, there was no plan for funding of neighborhood parks at this time and stated he could support the ordinance as proposed. C. ORDINANCE NO. 87--71 AN ORDINANCE. Of THE TIGARO C:IAY COUNCIL. AMENDING SLCTION 3 . 16.030 01= THE l'IGARD MUNICIPAL_ CODE RELATING TO SYSTEM DEVELOPMENT CHARGES, PARK"' AND RECREATION E ACI.1 I T I E S t AND SETTING AN EFFECTIVE DATE. d. Motion by Councilor Eadon, seconded by Councilor Johnson to adopt. Approved by unanimous vote of Council present. e. Councilor- Johnson requested that the Parks SDC ordinances from lam the cities of Beaverton, Tualatin and Lake Oswego be mailed to Council for their information. f. RESOLUTION NO. 87--152 A RESOLUTION OF THE TIGARD CITY COUNCIL ESTABLISHING AN UPDATED PARK SYSTEM DEVELOPMENT CHARGE. g. Motion by Councilor Eadon, seconded by Councilor Johnson, to approve. Approved by unanimous vote of Council present. 16. CONSENT AGENDA: These items are considered to be routine and may be enacted in one motion without separate discussion. Anyone may request that an item be removed by motion for discussion and separate action. Motion to: 16. 1 Approve Council Minutes: 10/26, 11/2 & 11/20-21/87 16.2 Receive and File: a. Ambulance/ALS Report b. Council Meeting Calendar Update 16.3 Approve hire of Planner & transfer appropriations — Res. No. 87-153 Page 11 — COUNCIL MINUTES — DECEMBER 7, 1907 16.4 Approve hire of Personnel Assistant & transfer appropriations — Resolution No. 87-154 a. Motion by Councilor Johnson, seconded by Councilor Eadon, to approve Consent Agenda with Item 16.2a removed for discussion and 16.2b amended to show Budget Committee meetings on Tuesdays. Approved by unanimous vote of Council present. 17. NON—AGENDA ITEMS: a. Ambulance/ALS Report Councilor Schwartz noted comments of clarification for memo submitted by Chief of Police. He stated Council should understand that the Fire Districts comply with EMS regulations, however, they choose to not license since the fee for that is $1,000. lie further clarified that the City of Beaverton Fire Department should be included in any conversations with Washington County #1 and Tuali:xtin Rural Fire Districts regarding the issue. Councilor- Schwartz stated that the January 28th board meeting referred to in the Chief's memo was not held as far as he could determine. He was unable to find minutes for the meeting and suggested a follow— up report might be in order to clarify that issue. lie further, rioted concern regarding the statement in the memo that providing service from one organization or jurisdiction would be. cost effective. This may riot- be true to the citizens of Tigard if a provider was based in Hillsboro. Chief of Police stated the report to Council was taken from a meeting with Joanne Hoyt from Washington County. City Administrator advised Council that a decision had riot been reached as to the appropriate provider for the Ambulance/ALS service. lie stated the cost for the service could easily increase to Tigard residents if only one provider was identified. lie rioted that he and the Chief of Police would be closely following the issue and reporting periodically to Council. b. Motion by Councilor Eadon, seconded by Councilor Johnson, to receive and file report. Approved by unanimous vote of Council present. 18. EXECUTIVE SESSION: The Tigard City Council did not go into Executive Session under the provisions of ORS 192.660 (1) (d), (e), & (h) to discuss labor relations, real property transactions, and current and pending litigation issues as was previously advertised. 19. ADJOURNMENT: 11:00 PM Approved by the Tigard City Council on D�Tb 987. J I (12.� ATTEST: City Recorder — City of Tigard �JL t Mayor — City of Tigard LW/2265D Page 12 — COUNCIL MINUTES — DECEMBER 7, 1987 CITY OF TIGARD, OREGON AFFIDAVIT OF POSTING In the Matter of the Proposed STATE OF OREGON ) County of Washington ) ss City of Tigard ) I, f�C-V\6At (k kICOLVLt being first duly sworn, on oath, depose and say: That I posted in the fallowing public and conspicuops places, a copy of Ordinance Number(s) `u7 - �� `i?-(r�� 1` Cr—1 57 -(,c� 4, -7 (s c1 which were adopted at the Council Meeting dated copy(s) of said ordinance(s) being hereto attached and by reference maiv a pari. hereof, on the I I day of I A f! lel 0-C�- , 1982• 1. Tigard Civic Center, 13125 S.W. Hall Blvd. , Tigard, Oregon. 2. U.S. National Bank, Corner of Main and Scoffins, Tigard, Oregon 3. Safeway Store, Tigard Plaza, S.W. Hall Blvd. , Tigard, Oregon c &kAl Subscribed and sworn to before me this r. - day of 1 C-em197 N ry Public for Oregon F J0 My Commission Expires: ,_ A. CITY OF TIGARD, OREGON JUIN ORDINANCE NO. 87-__�,5 AN ORDINANCE DETERMINING THE FINAL COST OF THE IMPROVEMENTS IN THE SW 68TH PARKWAY (STREET) IMPROVEMENT DISTRICT NO. 35; APPORTIONING THE COST AMONG THE BENEFITED PROPERTIES, SPREADING THE ASSESSMENT, DECLARING A DEFICIT ASSESSMENT OR CREDIT FOR EACH PROPERTY, AND DIRECTING THE ENTRY OF ASSESSMENTS IN THE LIEN DOCKET AND SETTING THE INTEREST RATE. The Council Finds: 1. The SW 68th Parkway (Street) Improvement District No. 35 was formed and the improvements directed to be made by Ordinance No. 83-31. 2. The improvements have been made in accordance with the final engineering report adopted by Resolution No. 87-133 . The report contains a proposed assessment roll. 3. By Ordinance No. 84-44, each property within the District was pre-assessed based on estimated project costs. 4. The total estimated pre-assessment cost was the sum of $403,785.00 The total final cost is the sum of $491,229.62 and the assessments against the individual properties are as set forth in the assessment roll and the Council finds that each property is specifically benefited in the stated amount. The difference between the estimated cost and the final cost has resulted in a deficit assessment or credit for each property. 5. Notice of the proposed final assessments was directed to be given by Resolution No. 87-133. x 6. Individual mailed notice of the proposed assessment for each property was mailed to each property owner on November 2, 1987. The notice advised I the property owner of the opportunity to object in writing to the proposed assessment and that written objections would be considered at a public hearing. The public hearing was held on November 23, 1987. k S 7. Two property owners filed written objections. The Council considered } these objections. THE CITY OF TIGARD ORDAINS AS FOLLOWS: Section 1: The final. total cost of $491,229.62 shall be assessed against g the individually benefited properties as apportioned in the attached ttt assessment roll entitled Final Assessment Roll for SW 68th Parkway (Street) Local Improvement District No. 35 and dated October 26, 1987. Section 2: The Finance Director shall mail an Assessment Notice to each property owner and the notice shall state the amount of the assessment. In the case of deficit assessments, the notice shall state the amount of the assessment which is due immediately and that applications may be made to make installment payments; such applications shall be reviewed by the Finance Director for eligibility. In the case of a credit, a rebate shall be given to all property owners who paid the pre-assessment in full. ORDINANCE NO. 87- _. Page 1 _ _ Section 3: The Finance Director is directed to enter each benefited property and the amount of the assessment against the property as shown on the Final Assessment Roll for SW 68th Parkway (Street) Local Improvement District No. 35 dated October 26, 1987, in the lien docket of the City separate from other prior or subsequent assessments and the same shall constitute a lien i against each respective property and bear the interest rate of the net E effective interest rate of the bond at the time of the bond sale plus a two percent charge until paid. PASSED: By n „;rry art c vote of all Council members present after beirig read by number and title only, this -77')' day of ham_, 1987. Loreen R. Wilson, City Recorder € I t APPROVED: This �T�^ day of 1987• Thomas M. Brian, Mayor Approved as to form: t Ciozy ttorney Q 1-2- 2 /J Date br/2080D _ORDINANCE WO." page_2 I t 3 F zz w _ r U] F 31'1 .--i (T �. MCN OO U] H M -4 W kD Cn W A i U) wWLn1 N r .-� v v io 4 U OD v1 C CD v M v to N 3 M r H a01 N to S4 H O LZ W U A O t 2 F d z t W `� O 0 O 0 O U 0 0 0 0 0 0 0 0 U) 0 v O 0 0 w U) ,n 0 o v v v r 'I m OD 3!1 N Ln co v a F >• in FC m tea' w o a a z 0-4 co cd x U H `D to UUi a ' w H � H A N O F fn w r 3D v .r3 OM � W w F U) MCD CT1 cp D W W •.t rn .� v tT Cn d' N aLn r o u N o z roa a m v N (7% o CD ko w o ON F w U) a W i U1 N a 0 0 a r.= •.-IU " t) z $4 to y $4 �+ G u t+� N -4 O O i a C (4 U U G .--i �4 .14 $4 5�.� lei � N 413 G G C Q) 3 W V O CtD O 00 14 a C O k. a 3 930. 3 is N O a o 'A N o 0 0 0 l V Ln 0 N O O _ N N w to to M M M M M M aa, .-4 U) U) cn H U) U) Cj-fY OF T1GARD, OREGON ORDINAN(T. NO. ..........(2(o- AN ORDINANCE.. AMEND CHAPTER 18.84 AND POL.ICY 1 -5-3 Of [fit, COMMUN' IY DEVELOPMENT CODE AND COMPREHENSIVE PLAN (ZOA 87-03 AND CPA 87--02) AS -rmY PERTAIN TO SENSITIVE LANDS. WHEREAS, the City of Tigard finds it necessary to revise its Community Development Code periodically to improve the operation and implementation Of the Code; and WHEREAS, tho. City desired to streamline the Sensitive Lands approval process and clarify definitions and requirements in the Sensitive 1-ands Chapter of the Community Development Code and Policy 3.5.3 of the Tigard Comprehensive Plan; WHEREAS, the planning staff made recommendation of findings to the City Of Tigard Planning Commission on July 21, 1987, and September 8, 1907, at public hearings; and WHEREAS, the Planning Commission voted to recommend approval of ZOA 07-03 arid CPA 87-02 at its mooting on September 8, 1987; and WHEREAS, the Tigard City Council held a publit, hearing on the proposed changes on Docomber 7, 1987; THE C.Ury OF TIGARD ORDAINS AS FOLLOWS: Section 1: The Community Development Code shall be amended as shown in Exhibit "A" . Language to be added is UNDERLINED. tangua(30 to be deleted is shown in [BRACKETS]. Section 2: This ordinance shall become effective on and after the 31st day after its passzigo by the Council and approval by the Mayor. _b ' present vote of all Council members, PASSED: B after being read by number and title only, this (Jay of1987. oreR. Wilson, City Recor-dor - 0on�0 APPROVED: This (Jay of 1987. 22 Thomas M. Brian, Mayor Approved as to form: Ci y Attorney ORDINANCE No. sb/AZ53P 18.04 SENSITIVE LANDS ................................... _--------- 18.84 .010 Pur �osc� (a) Sensitive Lands are lands potentially unsuitable for development because of their- location within the 100--year- floodplain, within natural dr-ainageway, on sLoep slopes or- on unstable ground. (b) Sensitive land areas Ar-k?, e designated as such to protect the F)LlbliC health, safety and welfare of the community through the regulation of these, sensitive land areas. (c) Sensitive La rid s regulations contained in this Chapter- ar-o intended to maintain the integrity of the rivers, streams, and creeks in Tigard by mi n i mi z i rig erosion, pr,omoti rig bank stability, maintaining and enhancing water quality and fish and wildlife habitats, arid preserving scenic t4 U R 11 L Y and r-ecr-oational potentials [(d) Development is pr-ohibiLvd &11 ar-L,,As designated as within arid Wetlands Map. significant wo t I arid s on the Floodplain Development on pr-oporty adjacent. Lo significant wotlands shall be done under- the plannod development section of the Community Development Code. In addition, no development shall occur' on pr-opor-ty adjacent to areas designated as significant wetlands Uri the Floodplain and WeLlArids Map within 25 feet of the designated wetlands area.] Except as explicitly authorized by other provisions of this Chapter, all other uses ar-e prohibited on sensitive land areas. ] A use established prior- to the adoption of this Code, which would be prohibited by this Chapter or- which would be subject to the limitations and controls imposed by this Chapter- shall bo consider-od a nonconforming use. Nonconforming uses shall be subject to the provisions of' Chapter- 18. 132 of this Code.] [(g)] - intended ed to i IT)P 1.otil o n t the The regulations of this Chapter car(? intL Comprehensive Plan and the Federal Emer-gency Management Agency's flood insurance program, and help to preserve natural sensitive land areas from encroaching uses and to maintain the 'Septembor. 1981 zero—foot rise floodway elevation. The areas of special hazard identified by the Feder-al InsuranceAdministration in a scientific and engineering r-epor-t entitled "I he Flood Insurance Study of the City of Tigard," dated September 1, 1981, with accompany i rig Flood Insurance Maps (updated February, 1984) is hereby adopted by r-efer-ence and declared to be a part of this Chapter. This Flood Insurance Study is on file at the 'Tigard Civic Center. _CQ When base flood elevation data has no L been provided in accordance with Section 10.84.010(4)o the Director- shall obtain, !OA 87-03 AND CPA 87-02 (11--3--87) PAGF 1 onabl Y U t i I:i Z e any (1vaj,j(.)n arid ow and III a Federal, State, or oLhor soUr'c(l, ay data available from arid (i)3 �ai _and in order' to administer Sections 84 .026 Awl s not either throu h the Flood Lon data i--.- sour!�R Where elevat-i f rom another authoritative Insurance Studv or be reviewed to assure rmits shall safe from q applications be reasonabl. that proposed , construction al judgement and flooding. The test of reasoriable.ness is a 10c includes use Of'-historical datal high water marks, photographs to elevate at ere availab10—Failure of past flooding, Wn . —least two feet above grade in these sensitive lands are—as mm result in I City actions under this Chapter will recognize the :-i,3t'ts Of to be f ree to act 0 n the part of the lity, its riparian owners resentatives and agents, arid land owners and commissions, rep occupiers. For the Ur 0 ses of this Chapter, the w. ord shall exc hil�� ntpicnictables sand boxt?I, play shelters, andbasketball_ j0- Permitted Prohibited and Nonconforming L8.84.015 '. AppI.Lc-akli-Ii-��(ILI!S02 - Pe Except as provided by subsection (b), the following uses shall (a) be outright permitted uses within sensitive land areas: (1) Accer,30r-Y uses such as lawns, gardens or play areas; (2) Agricultural uses conducted without locating a structure within the sensitive land area; (3) Community recreation uses such as icycle and peturesdestrian paths or athletic fields or parks, exbcluding struc ; (4) Public and private conservation areas for water, soil, open space, forest and wildlife resources; (5) Removal of poison oak, tansy ragwort, blackberry or other noxious vegetation; (6) Maintenance of floodway, excluding rechanneling; (7) Fences, except in the floodplain area; arat :)ermits shall be obtained from the appropni—atO (b) e following:. communi�y--Re-vejopment Division—for th (1) Installation ofunderground—utilities and construction of including curbs, roadway impr vements streetlights Minimal ground disturbance(s) but no landform alterations; and T-o2 -(1-1-z3-:�27) - PAGE 2 ZOA 87-03 AND CPA 8 ..(3.1 RLrjj i_C:_......_..._r•econstr_uct ion_......__ur'........._..imPruvemcrni:_.......-.::�.�'........-,yn ('_x.l.=:_tr.c_C"J t tilt tur'o. or til i 1 rt y thce co >t of which i:: Lc ss Lh�ir� ..._.... _ ....._____......... .. _ ... 50 per cent_ of tho market v_aluc_of t hca tiLr uc tura j>r i ur Lu _._... -- thce imrovemenL or 1.he dam,jy±c rc�c ucr i.rn: r c -on,,—.__.._ ........... ..... -- ........_ l._._._._._...._1....__...._..._.... _..___.._.__........ j�r�oyided no_dev_elopment occur-s_in the floodway_ [(b)] [The following uses and activities ar-e permit Led only by a Sensitive Lands permit granted by the Hearings Officer except as provided by 3(A) and (B)] �cZ The Hearings Officer shall grant a_Sensitive Lands permit upon revfor iew of r•egyS., s : [(1) A] a land form alter•at:ion- or- development within the 100--year' floodplain[;]. [(2) A land form alteration or- development on slopes of 25 or- greater and unstable ground;] [(3) Land form alteration or- development within a dr•ainageway where there is year- round water- flow, unless: (A) The dr•a.inageway is proposed to be incor•por•ataca .into a public facility of adequate sire to accummudate maximum water- flow in accordance with the adopted 1.981 Master, Drainage Plan as prepared by Ch2M Hill; or- (8) The ].arid is not pruposed to be partitioned, subdivided or, developed. ] [(4) Application pursuant to subsection 3 (A) and 3 (13) shall be approved by the Director.] Kd)_ The following uses bind activities are por•mit_ted_ only by ci Sensitive Lands per_mit- gr•anted —by the [Ilearirn3s Officer) Dir-ector: — - ' -- A landform alteration or devicelohment on slopes_of 2'i 7, or reater and unstable ground_ (2) land form alteration or- develo >ment of areas outside of _the —-----------__.__.— l0�year flood lain within a dr_ainageway__whor•e there is year round water- flow, unless: The dr•ainagewa , is proposed to ue inco porated into a Ublic facility of adc>quate size v� accommodate maximum water flow in acror•dance with the Odopted 1981 Master- Drainac3e Plan_ [(d) A Sensitive (_ands PO--mit approval shall be obtained before construction or- development begins within any area of special flood hazard or- dr•ainagoway as established in 18.84.015 (b) and (c) above. The permit shall apply to all si:r•uct.ur-es including manufaztur•od homes. [(c:)] Except as explicitly authurizcd by other provisions of this _Chapter, all other uses are prohibited on sensitive land areas r. ZOA 87--03 AND CPA_ 87-02 (11-3-87) - PAGE 3 l d A use established prior to the ado >tion of this ( ode which r,..:_.:..._:..__::__.._..: :__._.::__._.=.r:...::.:.._:.---_..:_._-.-........._._.__._.._ :...__. : -._- woyild be pr_ohibited_by_..thts_._L���3.pter• or which would b� :>uk>]e� 1- to ........._...._._......---.....__. .. ....._. the limitations and controls imposed by this Chamfer shall be cons idered a nonconfarm:in _use, Norwonfarm.ing _uses _shal.a- be subject—to the provisions of Cha ter_113132 of this Code t 18.84.020 Administration and Approval Process (a) The applicant for a Sensitive Lands permit shall be the recorded owner of the property or an agent authorized in writing by the owner. (b) A Pre--•Application conference with City staff is required. See Section 18.32.040. R (c) 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 riot more than 6 months. r r (1) Another Pre—Application Conference is required if any variance application is submitted more than 6 months after the Pre.-Application Conference. k R N (2) Failure of the Director to provide any of the information f required by this Chapter shall riot constitute a waiver of the standrard, criteria or requirements of the application. (d) The Hearings Officer shall approve, approve with conditions or deny an application for Sensitive Lands permit as set forth in Section 18.84.015 (b)(1)(2)(3), excluding subsections (b)(3)(A) and (3)(1s) . 1he Hearings Officer's decision may be reviewed by the Council as provided by 18.32.310(b) . (e) the Director shall approve, approve with conditions or deny an application for a Sensitive Lands permit- as set forth in Sections 18.84.015(b)(4) . The decision made by the Director may ; be appealed to the Planning Commission as provided by 18 .32.310(x) . f (f) The appropriate approval authority shall review all Sensitive Lands Permit applications to determine that all necessary permits shall be obtained from those Federal, State or local t governmental agencies from which prior approval is also r•equired. (g) The Director shall notify communities adjacent to the affected l area and the State Department- of Land Conservation and # Development prior- to any alteration or relocation of a Y watercourse, and submit evidence of such notification to the f Federal Insurance Administration. (h) The Director shall require that maintenance is provided within the altered and relocated portion of said watercourse so that the flood carrying capacity is not diminished. (i) The Hearings Officer and the Director shall apply the standards . 7_OA 87-03 -AND CPA 87--02 (11-3-87) -- PAGE 4 set ri-)rth in sect,i,)n 18 84.040 of L h it; Chapter when rvviowi ri,J c.--m app I iccation for a Sonsi t. i ve I-ands- pormi 1 the Director- shall CI j WO I-)L im C 0 of opp1. i.caL.ions Lu be heard by the Hoar.irigs off icer as provided by 18.32. 130. (k) -1 he D i re(.-.to r s ha 11 mail notice of any sensitive lands application decision to the porsons entitled to notice under 10.32.120. 18.84.025 Maintenance of Records (a) Where base flood elevation data is provided through the. Flood Insurance Study, the Building Official shall obtain and record the actual elevation (in relation to mean sou level) or the lowest floor (including basement) of all new or substantially improved structures, and whether- or- not the structure contains a basement. (b) For all new or- substanLiAlly flood proofed structures, the Building Official shall: (1) verify and record the actual elevation (in relation to mean sea lovol), .arid (2) im.-ainLain the floodproofing certifications required in Lh.it; Chapter. (c) For all new or S U bs tin i i a I I y floodproofed structures, the Director shall : (1) Maintain for public inspection all other records pertaining to the provisions in this Chapter. 18.94.026 General Provisions Lh e . appropriate-- approval _authority shall review all_ per-mit applications to detf?r-mine whether proposed building sites ill be safe from floodin All now construction and substantial improvements steal ' be cristructed with materials and utility equipment resisLant to flood damage. [(b)] All new construction and substantial improvements shall be constructed us i no methods and practices that minimize flood (4aryjagp t. Electrical, heating, ventilation, plumbing, and air—conditioning equipment and other service facilities shall he designed and/or otherwise elevated or located so as to prevent water from entering or accumulcO-inq within the components during conditions of flooding. [(d)] All. new and replacement water supply systems shall be designed - 'LOA 87-03 AND .CPA97-02 (11-3--87)- -- PAGE 5 R! eliminate inf:iltr•al.ion of flood waters :into the sysl ,III in acc,or•dance with Lhe UnifOr•m 13uildiny Code and k:ht? Un:ifor•m F'lumbi.nrl Code. LEI [(e)] All new construction, all manufacLured homes and substantial improvements shall be anchored Lo prevent flotation, collapse, or lateral movement of the structure. (91 [(f)] New and replacement sanitary sewerage systems shall be designed to minimize or eliminate infiltration of flood waters into the systems and discharge from the systems into flood waters; and [(g)] On—site water disposal systems shall be located to avoid impairment to them or contamination from them during flooding. G) [(h)] Residential Construction (1) New construction and substantial improvement of any residential str•uctur•e shall have the lowest floor, including basement, elevated to or above base flood elevation. (2) Fully enclosed areas below Lhe lowest floor that are subject to flooding are prohibited, or shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a registered professional engineer or architect or must meet or exceed the following minimum criteria: (i) A minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided. (ii) The bottom of all openings shall be no higher than one foot above grade. (iii) Openings may be equipped with screens, louvers, or other coverings or devices provided that they permit the automatic entry and exit of floodwaters. C [(i)] Nonresidential Construction (1) New construction and substantial improvement of any commercial, industrial or other nonresidential structure shall either have the lowest floor, including basement, elevated to the level of the base flood elevation; or, together with attendant utility and sanitary facilities; shall: (i.) be floodproofed so that below the base flood level the structure is watertight- with walls substantially impermeable to the passage of water; (ii) have structural components capable of resisting hydrostatic and hydrodynamic leads and effects of buoyancy. ZOA P.7-03 AND CPA .87-02 (11-3-87) — PAGE 6 __ to rt i f i od by a roy i I or-Od p r-o f s s i.o na I o nq i ne r- or archil.( ho 1, 1 ho d 0';i j:j i I j:1 r jtj nu,1.hods s o f construction 5. -d s are t ri �.j c t e w i.L h a c c(,.r.)fled .;t andar (-)f P r'c'C t i C(? for• jile e L.i rig pr-c)v.i..;ions of A.1,1 j s subsoc II.A.on based on the i r development: arid/o r- re v i ow of the structural design, s pe c j.f i cx ti on s and plans. Such c e r-t i f i c a t i o r i s shall be provided to the official as set forth in Section 18.84.02�)(b) . (iv) Nonresidential structures that are elevated, nut: floodproofed, must 111cpl; the same standards for space below the lowest floor as described in 18.84.026(h)(2) . Applicants floodproofing nonresidential buildings shall be notified that flood insurance premiums will be based on rates that are one foot below the floodproofed level (e.g. , a building constructed to the: base flood level will be rated as one foot below that level) . 18.84.030 Ex iration of Approval -- Standards .of....Extension of Time .. .... . Approval of a Sensitive Lands pt?r-jilit shall be void after one S year: (1 ) Unless substantial c or is J.r'j'1(-'Jr i on of the approved p I ia n h a t; begun within one year' period; or (2) If construction on LIIrij., site j s a departure from the approved plan. (b) The [Hearings Officer] ocinal approval. authuri.tj_ shall, Lipon written request by the applicant and payment of the required feel grant an extension of the approval period not to exceed six months provided that: (1) No changes are made on the original plan as 'Approved by the [Director-] approval authority; (2) The applicant can show intent of initiating construction of the site within the six-month extension period; and (3) There have been no changes in the facts or the applicable policies and ordinance provisions on which the approval was based (c) The decision of the [Hearings Officer] LAppEjova authority_ may be reviewed by the Council as provided by 181 .32.310(b) . 18.84.040 Approval Standards (a) The Hearings Officer shall make findings that all of the following criteria are satisfied when approving, approving with conditions or denying an application request within the 100--year floodplain; (1) Land form a]torations shall preserve or enhance the ZOA 87-03 AND CPA 07-02 (1-1-3-87) PAGE 7 qilillmolililill SEMI MINEIRIMM1111m III 1 1111 o od p I i:.ii n t;torcirlo I'unc 1. i ort i-I r I d ino i ntorionuo of the /oro.-Foo L rise 1:'1()k)(:ft.J<IY shall nut n <any marrowing of L.ho floodway (2) The land form altt?r.ati floodplain shall be a-On or development within the .100--yt-aar- llowed only in an area det.,.ignated as commercial or industrial on the Comprehensive Plan Land Use Map; (3) The land form alteration or development is no L located within the floodway;] [The]] Where a landform alteration or development is permitted to occur within the floodplain--it will rioL result i in any increase n the water- surface elevation OF the[Zero-foot rise flo(--)dway] 100-year flood; - [(5)] The land form alteration of development plan include-, a pedestrian/bicycle pathway in accordance with the adopted pedestrian/bicycle pathway plan, unless the consi'r-LICtion of said pathway is deemed by the Hearings Officer asunLimely; [(6)] The plans for the pedestrian/bicycle pEajhwi_,y indicate that: no Pathway will be below the elevation of an average annual flood; [(7) The land within the 100---y(,ar- Floodplain boundary which remains after development shall be dedicated to the public.] (b) The [Hearings Officer] Q'i a 'rector, shall make findings that. ll of the following criteria are satisfied when approving, approving with conditions or denying an application request f t.)r. a Sensitive Lands permit on slOPOS of 25% or greater or unstable ground: (1) The extent and nature of the proposed land for-in altercation or development will not create site disturbances to an extent greater than that required for the uses; (2) The proposed land for-III alteraLion or development Will not result in erosion, stream sedimentation, ground instability, or other adverse on-site and off-site effects or hazards to life or property. (3) The structures are appropriately sited arid designed to ensure structural stability and proper drainage or foundation and crawl space areas for development with any Of the following soil conditions; Wet/high water table; high schrink-swell capability; compressible/organic; and shallow depth-to­bodrock; and (4) Whore natural vegetation has been r-(?niov(.(.i Clue to land form alteration or dove I opmer,t, the areas not COV41r,ed by structures or- impervious surfaces will bo replanted to prevent. erosion in accordance with Section 18. 100 (LANDSCAPING AND SCREENING) . ZOA 87-.03 AND CPA 87--02 (11--3-87) PAGE 8 (c) The �lirarinf.7s Officer] Director. shall mako f i rid i rig s L ha L fall of (.ho following cr-Ueri-1 '-Xro !.'at. i'sfiod wh(!r) .ipprovi rig 1A c� squos t fur- a with conditions or d o n y L rig ana p p -i L-i o n r-( C, ris i Li%ie Lands per-mit wi (.hin drainageways: The extent and nature of the proposed land form alteration ordevelopment will riot create site disturbances to the - extent greater than that required for the uses; (2) The proposed land form alteration or development will riot result in erosion, stream sedimentation, ground stability or other adverse on—site and off—site effects or hazards to life or property; (3) The water flow capacity of the drainageway is riot decreased; and Where natural vegetation has been removed due to land form alteration or the development, the areas riot covered by structures or- impervious sur-faces will be replanted to prevent erosion in accordance with Section 18. 100 (LANDSCAPING AND SCREENING) . (5) The drainageway will be replaced by a public facility of adequate size to accommodate likkKillIL1111 flow in accordance with the adopted 1981 Master Drainage Plan; and [(6) The land on which the alteration is to Lakes place will not be partitioned, subdivided or developed as a part of this application request.] The necessary U.S. Army Corps of Enjtinevrs and State of Oregon Land !LoarLd.,_Division of State Lands AR�dl-sshiILl be obtained. L4Livre landform alterations and/or development are allowed within and adjacent to the 100—year floodplain, the City y. shall require the dedication of sufficient open land area within and adjacent to the floodplain in accordance with the Comprehensive Plan. This area shall include portions of a suitable elevation for the construction of a pedestrian/bicycle pathway within the floodplain in accordance with the adopted pedestrian bicycle pathway plan. C(d) the Director shall make findings that all of the following criteria are satisfied when approving, approving with conditions or denying an application request for a Sensitive Lands permit within dr-ainageways; (1) The extent and nature of the proposed land form alteration will not create site disturbances to an extent greater than that required for the uses; (2) The proposed land form alteration will not result in erosion, stream sedimentation, ground stability or other ZOA 87-03 AND CPA 87-02 (11-3-87) PAGE 9 i-id vo rs v on i- t;i 1.111, ii nd off- site effects (.)r- hazards to 1.i f III, or proporty; 1 the dr-ainageway wi 1l be replaced by &x public faci li Uy of adequate s i z(? to accommodate maximum flow in accordance with the adopted 1981 Master Drainage Plan as prepared by CH2M Hill; and (4) The land on which the alteration is to take place will riot be partitioned, subdivided or developed as a part of this application request. [18.81.045 Exceptions for Development in the 108th/113th Ravine_Signif icant Wetlands Area below the 104' Elevation Under the Sensitive Lands Permit process, the Hearings Officer may allow portions of the Ravine at 108th and 113th designated as a significant wetlands area to develop provided that all of the following criteria are met. (1) All of the land (within the ravine) being considered for development is at less than 25% slope. (2) There are no unstable soil conditions on the land boinq considered fur- development. (3) 'The provisions of Chapter 18. 150 TREE REMOVAL shall be II 18.84.045 Exceptions for Development in the 108th/113th Ravine Significant Wetlands Area below the 140' Elevation Under the Sensitive Lands, Permit process, the [Hearings Officer-] Director may allow portions of the Ravine at 108th and 113th designated as a significant wetlands area to develop provided that all of the following criteria are met. (1) All of tho land (within the ravine) being considered for development is at less that 25% slope. (2) There are no unstable soil conditions on the land being considered for development. (3) -rhe provisions of Chapter 18. 150 TREE REMOVAL shall be met. 18.84.050 A plication Submission Requirements (a) All applications shall be made on forms provided by the Director and shall be accompanied by: (1) Five copies of the Sensitive Lands permit prop(.-,sal and necessary data or narrative which explains how the proposal conforms to the standards, and (A) rhe site plan(s) and required drawings -:hall be on sheets riot exceeding 18" x 2411 unles-s- a lacAer size is approved by the Director; and ZOA 87-03 oND CPA 87-02 (11-3-87) PAGE 10 ISE IIIP (B) JhO scala for the sito plan(s) shall bo [20, 50 or 100 foeL Lo Lhe inch] a s Landard cin ineerin scala. (C) A].1. drawings or L r'LlCtUrV el ovaL ions or Flood plans shall be a standard architectural scale, being 1/4" or 1/8" to the foot. (2) A list of the names and addresses Of all persons who are, property owners of record within 250 feet of the site. (3) Thc- required fee. (b) The required information may be combined on one map. (c) The site plan(s), data arid narrative shall include the following: (1) An existing site conditions analysis, Section 18.84.070; (2) A site plan, Section 10.84.090; (3) A grading plan, Section 10.84.090; (4) A landscaping plan, Section 18.94. 100 18.84.060 Add Waiver of Requirements (a) The D i rec tor may roqu i re information in addition to that required by this Chapter in accordance with Section 18.32.080 (a) - (b) 'Ihe Director may waive a Specific requiremeriL for information in accordance with Section 10.32.080 (b) and (c) . 18,84.070 Site conditions (a) The site analysis drawings shall include: (1) A vicinity map showing Streets and access points, pedestrian and bicycle pathways, and utility locations; (2) The site size and its dimensions; (3) Contour lines at 2—foot intervals for grades 0-10% and 5--foot intervals for grades over 10 percent; (4) The location of drainage patterns and drainage courses; (5) The location of natural hazard areas including: (A) Floodplains areas (100—year floodplain and floodway); (B) :Lopes in excess of 25%; (C) Unstable ground (areas subject to slumping, earth slides or movement); ZOA 87-03, A.JD CPA 87-02 (11-3-87) PAGE 11 r to w cl 11 v r' 11-kb'l F, hr'Ok� or' 111"' W()olks of tho of L�io i r year'; 'a (E) Areas having a ;o%f0rV soil. erosion potential; or a:; defined by the Soil Conservation Service; F) Areas having sLver-(, weak foundation soils. (6) The location of resource areas as shown on the Comprehensive Plan inventory map a--rl-das----r-.egu i red in Section 18.04.035 including: (A) Wildlife habitat; and (g) Wetlands. (7) -[h e location of site features including: (A) Rock outcroppings; and -frees with 6" (-aliper- 4or, greater' measured 4 feet 17rom ground level . - -ucturv-., on the situ and L)f Ox i.,�i I,,L� location t.i rig L r proposed use of those structuri?s. 18.04.080 The Site.. Plan The proposedbe at the starve SCIAle as site dovolowlient, pl,iri shall (a) the site analysis plan and s ha 11 include till? f+:)llowing information: (1) 'file proposed site and surrounding proper-Lies; (2) Contour line intervals (see Section 18.84.070 (a)(3); (3) The location, dimensions and names of all: (A) Existing and platted streets and other public ways and easements on the site and on adjoining properties; and (B) Proposed streets or oLhor public ways and easements or) IL the site. (4) The location and dimension of: (A) The entrances and exits on the site; (B) The parking and traffic circulation areas; (C) Loading and services areas; (D) Pedestrian and bicycle facilities; ZOA 87-03 AND CPA 87-02 (11-3-87) PAGE 12 (t-) Okitdoor• cimunon .aroat;; .arid (F) bovo ground 111..i.1 i I:i os. (5) The location, dimensions and seLback disLanc.es of all: (A) Existing structures, improvements and uti.lUies> which are located on adjacent property within 25 feet of Lhe site acid are permanent in nabir•e. (B) Proposed structures, improvements and utilities on the site. (6) the location of areas to be landscaped; and (7) Tho concept locations of proposed utility lines . (81 'The method for mitigating anY adverse impacts upon wetland, r_i�arian_or wdlife habitat areas il 18.84.030 Grading Plan (a) The site plan shall include a gruading plan which contains the following information: (1) Requirements in Soctions 18.84.070 c+nd 18.84.080 of this Chapter. �2Z The identification and location of the benchmark and corresponding ( n. - -- [(2)]L) The location and ext'onL to which .Trading will Lake place indicating contour lines, slope ratios and slope stabilization proposals . [(3)]_U4 A statement from a registered engineer supported by facLual data subs tanticatirig: (A) The validity of the slope sLabilizati.on proposals; (B) [ Khat other off-site problems will bo mitigated;] "that other off-site impacts will riot be_created_ (C) Stream flow calculations; (D) Cut and fill calculations; and (f) Channelization measures proposed. 18.84. 100 Landscape Plan (a) the landscape plan shall be drawn at the same scale of the Site Analysis plan or- a larger scale if necessary and shall indicate: (1) Location and height of fences, buffers and screenings; IOA 87-03 AND CPA 87-02 (11-3-87) - PAGE 13 t 11 milli,lillil liiiiiii;tlliimm. (2) L.o c a t o n 0r 1, r ra c e s decks, play a r o a-5 and Common open spaces, where applicable; and (3) Location, type and size of e x i s t i rig and id proposed p I a n L materials (b) The landscape plan shall include a narrative which addresses: (1) Soil conditions; and (2) Erosion control measures that will be used. OTHER CODE AMENDMENTS 18.80. 120 (Approval Standards ror Planned Developments) LLI Floodplain Dedication Where landfill and/or development is allowed within or adjacent to the 100— shall require the -YL flo dedication of sufficient open land area for qreenway adioinirig and within the floodplain. 'This area shall inchLd �- prtions at a suitable elevation f or the construction of R pedestrian/bicyclw__pathway with the floodplain in a-ccordance with the adopted pedestrian bicycle pathw�plan_ 18.94.030 (Manufactured/Mobile Homo Park Standards) (r) Where landfill and/or development is allowedwithin or adjacent-- to the 100—year floodplain, the City shal 1 require dedication of sufficient open land area for, qrvenwav-...adioimn-q and within the_floodplain.__This area shall include Portions at a suitable elevation for the construction of a pedestrian/bicycle pathway with the floodplain in accordance with the adopted pedestri n bicycle vathwa _pLan. 18. 162.050 (Partition Approval Criteria) Where landfill and/or development is allowed within or adjacent to the 100—year floodplain, the City shall require the dedication of sufficient open land area for aLeenway adjoining and within the floodplain. This area shall include portions at a suitable elevation for the construction of a pedestrian/bicycle pathway with the floodplain in accordance with the adopted pedestrian bicycle pathway plan. 18.130.040(c) (Approval Standards for Conditional Uses) 13 Requiring Requiring....the dedication of sufficient open land area for greenway adjoining and within the floodplain when landform alterations and development are allowed within the 100—year floodplain. 14 Require Require the construction of a pedestrian/bicycle paj±uw within the floodplain in accordance with_ the adopted pedestrian bicycle pathwLiy_pjan. ZOA 87-03 AND CPA 87-02 (11-3--87) PAGE 14 IM 18. 160.020(c, (General Provisions of Subdivisions) Where landfill and/or deoelo anent is allowed within and adjacent to " the 100-near floodplain outside the zero_-font rise floodway, _the Clty [ shall require the dedication of sufficient open land area for y greenway adjoining and within the floodplain. This area shall include portions at a suitable elevation for the construction of a pedestrian/bicycle pathway within the floodplain in accordance with the adopted pedestrian bicycle pathway plan. i i 18. 1T_0.020td� r (Applicability of Site Development Review Provisions) r Where landfill and/or development is allowed within and adjacent to the 100-year floodplain, the City shall require the dedication of sufficient open land area for greenway adjoining and within the floodplain. This area shall include portions at a suitable elevation for the construction of a pedestrian/bicycle pathway within the floodplain in accordance with the adopted pedestrian bicycle pathway Elan. VOLUME II POLICY 3.5.3 3 .5.3 The City has designated the 100--year floodplain of Fanno Creek, t its tributaries, and the Tualatin River as greenway, which will be the backbone of the open[--] space system. Where landfill t. and/or development are allowed _within or adjacent to the 100-year floodplain, the City shall require the dedication of sufficient open land area for greenway adjoining and within the floodplain. 18.26.030 (Meaning of specific Words and Terms) Base Flood The flood having a one percent chap e _of being equalled or• exceeded in any given year Also rEaferred to as the "100-year flood." Landform alteration Any man-made change or unimproved real estate, including but not limited to the addition of buildings or other structures, mining, quarrying, deed ing, fillip L y radin _, earthwork_ a construction, stockpiling or rock, sand, dirt- or gravel or other earth , material, paving, excavation or drilling o orations located within the r area of special flood hazard. t. Floodway Fringe The area of the floodplain lying outside of the floodway. Floodplain The zone along a watercourse enclosed by_ the outer lii.iits of land which is subject to inundation in its natural or lower revised contours by the base flood. R [Drain agewa s. Any land which_requires larger than a 12" pipe at minimum slope.] DraUndeveloped land_inundated during__A 25-fear storm with a peak flow of at least 5 cubic feet- per second and conveyed, at least in art, by identifiable channels that either drain to the Tualatin River_ directly or after flowing through other drainageways, channel , creeks, or i f floodplain. 3253P/003OP b -- ZOA 87--03 AND CITA -87-02 (11-3-.07) PAGE 15 f f i CITY OF TIGARD, OREGON 1 ORDINANCI". NO. 87 t 1 AN ORDINANCE 1'0 AMEND CHAPTER 18. 130 OF' -['HE COMMUNITY DE:VE:LOPME:.NT CODE - HOME OCCUPATIONS (ZOA 87-06), SET AN EFF"ECTIVE DATE, AND DECLARE AN EMEREGENCY. e WHEREAS, the City of Tigard approved Ordinance 87-56 adding a chapter on Action Areas to the Community Development Code as Chapter 18.86; and WHEREAS, Ordinance 87-56 allows Drive-Thru Windows as a Conditional Use in Action Areas; and WHEREAS, in order to consider Conditional Use applications for Drive-Thru Windows standards must be adopted; and WHEREAS, the Planning Commission held a public hearing on November 10, 1987 to review standards and made a recommendation to Council to approve the standards proposed by staff; and WHEREAS, the Tigard City Council held a public hearing on the proposed standards on December 7, 1987. THE CITY OF TIGARD ORDAINS AS FOLLOWS: Section 1: The Community Development Code shall be amended as shown in Exhibit "A" adding Section 18. 130. 150(c) to Chapter 18. 130. Section 2: Inasmuch as it is necessary for the peace, health, and safety of the people of the City of Tigard that this amendment be made with the least possible delay, an emergency is hereby declared to exist, and this ordinance shall become effective immediately upon passage by the Council, approval by the Mayor, and posting by the Recorder. PASSED: By _�Sj- vote of all Council members present after being read by number and title only, this day of1P. 1987. c-- Q� �Loreen R. Wilson, City Recorder APPROVED: This Jn' day of �f �� �r���a�_ , 1987. Thomas M. Brian, Mayor Approved as to form: t Ci Attorney r _ is--2- g7 Date sb/1932D ORDINANCE NO. 87-_6�1 i f EX111611 "A" (30) Drive—Up Windows i (A) Applicable Zones: Any commercial or industrial -cone with an "Action Area" overlay. (B) Minimum Lot Size: As required in the underlying zone. i (C) Minimum Setbacks: Where access to the drive—up windows is not separated from abutting properties or public right—of—way by parking, structures, or landscaping visual screening shall be provided to screen headlights from abutting property and right—of—way. `i (D) Height Limitation: In accordance with the underlying zone. r (E) Drive—In Window Reservoir Requirement: all uses providing drive—in service as defined by this ordinance shall provide on the same site a reservoir for inbound vehicles as follows: Use Reservoir Requirement Drive—in Banks . . . . . . . . . . . . . . . . 5 spaces/service terminal Drive—in Restaurants. . . . . . . . . . . 10 spaces/service window Drive—in Theaters . . . . . . . . . . . . . 10% of the theatre capacity Gasoline Services Station . . . . . 3 spaces/pump Mechanical Car Washes . . . . . . . . . 3 spaces/washing unit Parking Facilities — Free flow entry 1 space/entry driveway Ticket dispense entry . 2 spaces/entry driveway Manual ticket dispensing . . . . . . 6 spaces/entry driveway Attendant parking . . . . . . . . . . . . . 10% of that portion of parking capacity served by the driveway (F) Reservoir Parking: Restaurants providing drive—up window service shall provide at least two (2) designated parking spaces immediately beyond the service window, or provide other satisfactory methods, to ; allow customers requiring excessive waiting time to receive their food while parked. (G) Hours of Operation: Hours of operation shall be limited for the drive—in window when the property with the drive—in window facility } abuts a residential use. In this case, hours of the drive—in window shall be limited to 7:00 AM to 9:00 PM. s i (H) Walk—up Service: Financial and other commercial establishments providing drive—up window facilities which do riot provide for t walk—in customer service (i .e. , not allowing transactions within the structure) shall provide for safe, convenient, and readily } accessible exterior walk—up window service, such as an automatic teller machine, at any time during regular business hours. Additionally, at a minimum, two parking spaces shall be provided allowing convenient access to the walk—up service window. i (I) Emergency Exit: The design of the vehicle stacking area serving the drive—up window shall allow customers to leave the stacking line in their vehicle in the event of an emergency. -- - - i MEIN =Eli _ 1 i (J) Pedestrian Access: On—site parking for walk—in customers shall be designed so that pedestrians do not have to cross drive—up window stacking lines to any public entrances into the building. (K) Obstruction of Rights—of—Way: Establishments having drive-up window facilities shall have sufficient stacking area to insure that public right—of—ways are not obstructed. (L) Sound—Systems: Communications sound systems shall not exceed a measurement of 55 decibels a the adjoining property line(s) at any time. sb/1932D E 's Y CITY OF TIGARD, OREGON ORDINANCE NO. 87—__4 IC AN ORDINANCE CONCERNINGSTATES NO AT 20N A F RECORDEDION OPLATF IN THE UTILITY CITY OF ATIGARD� WITHIN KNEELAND WASHINGTON COUNTY, OREGON. WHEREAS, the Tigard City Council initiated this vacation request pursuant to Section 15.08.040 of the Tigard Municipal Code and ORS 271.130, and WHEREAS, the reason and purpose for this vacation is to eliminate existing public utility easements as they are no longer needed for public purposes, and WHEREAS, the vacation is recommended by the Planning Commission and the Department of Community Development; and WHEREAS, in accordance with ORS 271.100, the TMC Section 15.08.110, the Council fixed a time and place for the public hearing and Recorder published notice and posted notice in the area to be vacated; and WHEREAS, notice has been mailed to all property owners abutting said vacation area and all owners in the affected area, as described in ORS 271.080; and mm no WHEREAS, the Council, having held a hearingon the vDecemer 7, 1987,acat ion as provided finds by ORS public interest will not be prejudiced by 271.120 and TMC Section 15.08.130; and an WHEREAS, the Council finds that it is in the public interest to approve the request to vacate a portion of public utility easements within the subdivision plat of Kneeland Estates No. 2; the Council finds that the owners of a majority of the area affected, computed under ORS 271.080, have not objected in writing to the vacation; the Council finds that the vacation will not substantially affect the market value of any abutting properties; and WHEREAS, the Council finds that the following conditions is necessary to vacate said land: 1. The vacation shall not be effective until the effective date of this ordinance, and a certified copy of this ordinance has been recorded with the Washington County Clerk, Assessor and Surveyor. THE CITY OF TIGARD ORDAINS AS FOLLOWS: Section 1: The Tigard City Council hereby orders the vacation of a portion of public utility easements within the subdivision plat of Kneeland Estates No. 2 as described and shown on the attached Exhibit "A" and by this reference made part hereof. ORDINANCE NO. Page 1 'Section 2: The Tigard City Council further orders that the vacation be subject to the following condition: a. The vacation shall not be effective until the effective date of this ordinance, and a certified copy of this ordinance has been recorded with the Washington County Clerk, Assessor and Surveyor. Section 3: In no situation shall this Ordinance be effective until the 31st day after its enactment by the City Council and -approved by the Mayor. PASSED: By � oY]��n; s vote of all Council members present after being read by number and title only, this day of 17n��rn�v, 1987. 1 �P'.Ci✓L �cr-.-� oreen R. Wilson, City Recorder APPROVED: This _ day of 7)ve c1987. Thomas M. Brian, Mayor Approved as to form: :LL its Attorney l --7- B-7 Date cn/1938D ORDINANCE NO. Page 2 EXHIBIT "A" A ten foot wide strip of land located in the northeast quarter of Section 14, Township 1 South, Range 1 West, Willamette Meridian, City of Tigard, Washington County, Oregon, the centerline of which is described as follows: Beginning at the northwest corner of Lot 132, Kneeland Estates II, a recorded plat, Washington County Plat Records, thence South 360 45' 46" East, 119.88 feet to the point of terminus on the northerly right—of—way line of SW 93rd Avenue. The sidelines of said ten foot wide strip are parallel with and five feet from said centerline and extend to the boundaries of Lots 131 and 132, said Kneeland Estates II, containing approximately 1120 square feet. cs/1356D REGt$=RLrD PROFESSION" LAND SURVEYOR ansa N JAMAW n�gest ON T.FE101+ON 52 Lm I �i 1 1 Iii im I' t k:tt n)1'D 1 • / i; r z• \� • .w. r , 1 1 ) Y f. •• / s�.''�,� . ...`.t...�'.., i' `::,T._a•.. .. .�'. K;-�.!._ ..• ,'t. ...._, x _ .. .. c., �. .,:"3f, `*.:��' .,-'-^)'. ,'" ...'•.5: 4...'�t r+,.�.• \.,. .... _.. {. '.-.-}.. c . CITY OF' 'TIGARD, OREGON ORDINANCE NO. 87—_J6 AN ORDINANCE CONCERNING VACATION OF A PORTION OF PUBLIC UTILITY EASEMENTS WITHIN AMART SUMMERLAKE, A RECORDED PLAT, IN THE CITY OF TIGARD, WASHINGTON COUNTY, OREGON. WHEREAS, the Tigard City Council initiated this vacation request pursuant to Section 15.08.040 of the Tigard Municipal Code and ORS 271.130, and WHEREAS, the reason and purpose for this vacation is to eliminate existing public utility easements as they are no longer needed for public purposes, and WHEREAS, the vacation is recommended by the Planning Commission and the Department of Community Development; and WHEREAS, in accordance with ORS 271.100, the TMC Section 15.08.110, the Council fixed a time and place for the public hearing and Recorder published notice and posted notice in the area to be vacated; and WHEREAS, notice has been mailed to all property owners abutting said vacation area and all owners in the affected area, as described in ORS 271.080; and WHEREAS, the Council, having held a hearing on December 7, 1987, finds the public interest will not be prejudiced by the vacation as provided by ORS 271 . 120 and TMC Section 15.08.130; and . WHEREAS, the Council finds that it is in the public interest to approve the request to vacate a portion of public utility easements within the subdivision of Amart Summerlake; the Council finds that the owners of a majority of the area affected, computed under ORS 271 .080, have not objected in writing to the vacation; the Council finds that the vacation will not substantially affect the market value of any abutting properties; and WHEREAS, the Council finds that the following conditions is necessary to vacate said land: 1. The vacation shall not be effective until the effective date of this ordinance, and a certified copy of this ordinance has been recorded with the Washington County Clerk, Assessor and Surveyor. THE CITY OF TIGARD ORDAINS AS FOLLOWS: Section 1: The Tigard City Council hereby orders the vacation of a portion of public utility easements within the subdivision of Amart Summerlake as described and shown on the attached Exhibit "A" and by this reference made part hereof. ORDINANCE NO. 87— C�5 Page 1 Sectign 2: The Tigard City Council further orders that the vacation be subject to the following condition: a. The vacation shall riot be effective until the effective date of this ordinance, and a certified cupy of this ordinance has been recorded with the Washington County Clerk, Assessor and Surveyor. Section 3: In no situation shall this Ordinance be effective until the 31st day after its enactment by the City Council and approved by the Mayor. PASSED: By At,";v,,•,,"S — vote of all Council members present after being read by number and title only, this day of D, ee-eu.. lc-r 1987. .it Lor Wilson, City Recorder f f APPROVED: This Tk day of 1987. Thomas M. Brian, Mayor Approved as to form: x i i ty'pt-torney 1 t t —f 72 Date r Date i cn/1938D i 1 ORDINANCE NO. 87-__�Ea Page 2 EXHIBIT "A" A ten foot wide strip of land located in the northeast quarter of Section 33, Township 1 South, Range 1 West, Willamette Meridian, City of Tigard, Washington County, Oregon, the centerline of which is described as follows: Beginning at the northeast corner of Lot 4, Amart Summer Lake, a recorded plat, Washington County Plat Records; thence South 850 21' 38" West, 112.65 feet to the point of terminus on the east right—of—way line of SW Summer Lake Drive. The sidelines of said ten foot wide strip extend to the boundaries of Lots 4 and 5, said Amart Summer Lake, containing approximately 1126 square feet. cs/11347D 4E��'® t it G1es- i E i { i I I � o "MMss®ss C • Ci c N N r' M b � oN ►� 0% • R7K2 tel 8 of ,OS S IW7lY1L MIN 0) 'lD (� Qr �..J �\ � j C 1' 09 Q O ti CD p lao W a = OR= O W _ 0 0 Ors- 8 •9�r O O N '`? 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'cc. m 4 M' � Q - - + o+r\ i O O o p o r CITY OF TIGARD, OREGON ORDINANCE NO. 87— 70 AN ORDINANCE OF THE TIGARD CITY COUNCIL AMENDING SUBSECTION 10.28. 170 (11) OF THE TIGARD MUNICIPAL_ CODE RELATING TO PARKING RESTRICTIONS, AND DECLARING AN EFFECTIVE DATE. WHEREAS, the Tigard City Council finds that the policy intent in Subsection 10.28.170 (11) of the Tigard Municipal Code is not clear; and WHEREAS, the Tigard City Council wishes to further define their intent in regards to the enforcement of Subsection 10.28.170 (11). THE CITY OF TIGARD ORDAINS AS FOLLOWS: Section 1: Subsection 10.28.170 (11) of the Tigard Municipal Code, relating to Parking Restrictions, is hereby amended to read as follows (underlined language to be added and language struck through to be deleted): "10.28. 170 (11) In front of the entrance of any Post Office, or other place where mail is received; or within 10 feet of i(Vii/45fikt//df/fIi/dd/dr a mailbox during the hours of 8:00 AM to 4:30 PM in any residential area;" Section 2: Inasmuch as it is necessary for the peace, health and safety of the people of the City of Tigard that this amendment be made with the least possible delay to allow residents to receive mail delivery from the US Post Office in a timely fashion, an emergency is hereby declared to exist, and this ordinance shall become effective immediately upon passage by the Council, approval by the Mayor, and posting by the Recorder. PASSED: By Ut-IN' r,i nrnorAs vote of all Council members present after being read by number and title only, this day . of palGry��pr 1987. Loreen R. Wi son, City Recorder APPROVED: This day of �c o n1�, 1987. Thomas M. Brian, Mayor App oved as to form: z Attorney Date lw/1555D ORDINANCE NO. 87 ) CITY OF TIGARD, OREGON _ - - ORDINANCE NO. 87-___7L-- AN 7-___ L--AN ORDNANCE OF THE TIGARD CITY COUNCIL AMENDING SECTION 3.16.030 OF Tw TIGARD MUNICIPAL CODE RELATING TO SYSTEM DEVELOPMENT CHARGES - PARKS AND RECREATION FACILITIES AND SETTING AN EFFECTIVE DATE. WHEREAS, a system development charge is imposed on new residential development to acquire, develop, and expand additional park and recreation facilities: and WHEREAS, the charges currently in effect have not been adjusted since 1984 even though costs associated with acquisition, development, and expansion of park and recreation facilities have increased: and lHERE.AS, the City Council has adopted a park plan as approved by the Park Board that sets forth the costs related to park facility expansion: and WHEREAS, a survey of neighboring communities indicates that the City of Tigard's current systems development charge for parks is well under the average of other City's in the area; and WHEREAS, the Tigard City Council desires to remove the formula for determining charges from the Tigard Municipal Code and to set the charges by resolution from this time forth. THE CITY OF TIGARD ORDAINS AS FOLLOWS: Section 1: 'Section 3.16.030 Formula for determining charge' is amended by deleting the existing language and adopting the following replacement language: "3.16.030 Determination of charges. The Tigard City Council shall set the systems development charge by resolution." Section 2: This ordinance shall be effective on and after January 1, 1988. PASSED: By [•CntL-r.imo,-S vote of all Council members present after being read by number and title only, this '77Y. day of1987. oreen R. Wilson,' City Recorder APPROVED: This day of "j�o p�.y. 1987. Thomas M. Brian, Mayor Approv d as to form: GytyAttorney C Date cs/1900D ORDINANCE NO. 87- j i r LID t l N (ft <n :, =3:341 J i ---- - __� n -4 -4 .-i N�Jfr-Y U U ilri N C IfY�� 0 0 � 1 c U V LL .`, _ a., 41 41 N G O O .4 .a � J o UU .� U S U U ¢ ¢ --- - -- m cn d .. M O N M m IJ1 0 cn U- Z U h O co cn 60. �H Cr � O O � U � W r6 Z C7 r0 F- -Z U = d £ 5II¢ 2 2 H S S w ~ � 3 M � 31£ ¢ 3 £ 3 aa0 W }O- H FO- h S F- h F- £ r F- U r6 b C N M 00 S `a © c .. ¢ O 0 co F- CL C Z Z 4 J O �£ O U 3 a a L o£ S rd . L O O N M a- �^ T�d f- O H * h U * h J * h U •41 £ O }- Ln :> 41 t6 � N O� v¢ � 1 O CD .u w o L O N N p RS an ON O =ca = U ¢ M r6 I Z4 U Y Z p C •4 >' tm V w ¢ oEc J .� p � M '1 O F- ^' ¢ w c � r+ a a � cn �J w I °' - F- M O 3 M U M 3 1 L 0 > Cli C 7 JOS L h co h F- h U h F-' h i ji U c t-) w ¢ d ¢ ••-� w ¢ co N J J N N Vi H m £ rs 41 .J-) U a C C .t) £ £ ' O VyUr' U � V) —4 o ra to 3 O O _ ra £ £ S d S £ .N B£ G£ 0O O O Z CEJ 1 D fl M 0 J.1 M •i� M M £ Z T N Vf %0 U t0 h U h U p �0 I h d L � ....r N N 41 L C 4J r L rd ¢ O a T T T h cp L L L d d CIO > 3 �Ic w w w Rolm CITY OF TIGARD, OREGON MEMORANDUM TO: Honorable Mayor and City Council December 7, 1987 FROM: Bob Jean, City Administrator SUBJECT: 1112/7/87 STUDY AGENDA Dour--d u_-7004 o Urban Services Area of Interest--Royal Mobile Villa proposed annexation to King City? Perhaps time to get written intergovernmental agreements between Tigard and surrounding cities supporting Tigard's Area of Interest. o County Sheriff Patrol District--Chiefs of Tigard, Tualatin, King City and Sherwood have developed feasible SE Patrol District option. Will review with Council 12/21 before submitting to Sheriff for zonsideration. 0 68th Parkway Assessments? ME o Parks SDC? NM o Consent Agenda--Calendar, Budget on Tuesday? Personnel specialist? Other? o Westwood SDR? o Executive Session--Don't need. OPEU OK on 12/21. BJ:mh FAl s MEMORANDUM f CITY OF TIGARD, OREGON i 6 e by TO: All Community Development Staff December 7, 1987 t t FROM: William A. Monahan, Director, E Community Development f SUBJECT: Conduct of City Employees - Grounds for Disciplinary Action j i With the adoption of the City's Personnel Policies and Procedures Manual, the i City now has a clear definition of the activities which are grounds for corrective action or discipline. A recent incident at Cook Park has prompted me to write this memo to insure that all employees are aware of how ;. far-reaching I interpret the policy to be. Administrative Rules and Regulation Number 2.1, pages 2 and 3, includes the following on page 3: F "Using City property on the job for personal use, taking City equipment or property from City premises for personal use, or taking City equipment or property from City premises for City use without s�ecific prior knowledge and f approval by Supervisor." I interpret thio prohibition to include the taking of firewood from the City parks. Such snood is City property until placed in waste receptacles. Once the wood is placed in a receptacle, it becomes the property of the franchise waste hauler which owns the unit. In most cases we make firewood available to the wood cooperative for distribution to seniors. The taking of firewood All employees need to be familiar with this policy. 8 from City property by a City employee will be considered grounds for disciplinary action. f 4 i i br/2152D i i E f I AGENDA ITEM #' 2 - VISITOR'S AGENDA DATE 12/7/87 (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 & ADDRESS TOPIC STAFF CONTACTED r ' �� ,c S f l CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF: December 7-1987 DATE SUBMITTED: December, 3, 1987 ISSUE/AGENDA TITLE: Administer PREVIOUS ACTION: Oath of OfficeTo New Police Officers PREPARED BY: Loreen Wilson j 42 a -: DEPT HEAD OK_V(, ffXITY ADMIN_ OK REQUESTED BY: Chief of Police POLICY ISSUE N/A INFORMATION SUMMARY The Police Department is hiring two new police officers as a result of the NE Metzger Annexation. These officers were officially sworn in on December 3, 1987 in the office of the Chief of Police. As is our current practice, the Mayor administers the oath of office to new officers at the first available Council meeting after the appointment. Attached is the oath form. The now officers are Christopher Nash and Karl Kaufman. ALTERNATIVES CONSIDERED 1. Administer- the Public oath of office by the Mayor-. FISCAL IMPACT 1. N/A to administer the oath. Z SUGGESTED ACTION Staff recommends alternative No. 1. lw/2099D OATH OF OFFICE State of Oregon ) City of Tigard ) I, Christopher Nash!_, do solemnly swear that I will uphold and support the Constitution and law_ of the United States of America and the State of Oregon and the Charter and trdinances of the City of Tigard. I will faithfully, honestly and impartially discharge the duties of the office of Police Officer, during my continua"c.e therein to the best of my ability, so help me God. I further affirm that I am riot now, nor have I ever been at any time, a member- of any organization advocating the overthrow of the United States Government. XXXHXX-X-EXXxXXXxxXXXH-XXXXXXXXXXX)EXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX)(XXXXX OATH OF OFFICE State of Oregon ) City of Tigard ) I, Karl Kaufman do solemnly swear that 1 will uphold and support. the Constitution and laws 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 discharge the duties of the office of Police Officor, during my continuance therein to the best of my ability, so help mgr God. I further affirm that I am not now, nor have I ever been at any time, a member- of any organization advocating the overthrow of the United ::tater Government. lw/4480A ! ! z { MEMORANDUM CITY OF TIGARD,, ORDGON /01 f TO: Honorable Mayor, unci d,Cjty nistrator December 4, 1987 FROM: Chief of Police SUBJECT: New Recruit Officers � The following is a brief biographical sketch on recruit officers Christopher Nash and Karl Kaufman. ; 1. Christopher P. NASH - Age 26 3 Graduate of Molalla Union High School 1980 and attended Umpqua Commmity College and Clackamas Cormtunity College. Graduate of B.P.S.T. Police Academy 1984 and is a certified police officer. Christopher has been employed as a Corrections Officer for Clackamas County and most recently as police officer for the City of Roseburg 1984 to present. He is certified in several police specialty areas. 2. Karl G. KAUI3NM - Age 41 a Graduate of Douglas High School, Winston, Oregon 1964 and Lane 1 Ccm=ity College, Eugene, Oregon with an Associate of Science j Degree in Law Enforcement - 1977. Karl possesses an Executive Pt Certificate from B.P.S.T. awarded in 1986. He is also certified in several police specialty areas and in corrections. Karl is a veteran police officer having held positions with the Baker, Oregon Police Department, Junction City Police Department and Lane and Linn County Sheriff's Offices. The Tigard Police Department feels very fortunate to have been able to hire two officers who are certified and need only to be oriented to Tigard procedures and the city. i { t i i i i i f[F 1 !(t MEMORANDUM CITY OF TIGARDr OREGON �l V TO: Honorable Mavor, unci l aid ty Administrator December 4, 1987 FROM: Chief of Police 's llllll...,,, " SUBJECT: Apprehension of Bank Robbery Suspect / Utility Watch On December 1, 1987 at approximately 3:15 p.m., the Tigard Police Department received a hold-up alarm from the Far West Federal Savings Bank on Scholls Ferry Road. While officers were enroute to the scene, they were informed by police dispatch that a GTE dispatcher had received information from two GTE utility workers about a possible suspect. GTE employees Charlie Polston and Don Cowan while in their utility truck, observed a man pull into a driveway on a residential street, bolt from the car, begin running and jump over a fence. Polston and Cowan immediately radioed their dispatcher Kim Bump and informed her of the circumstances of this person's suspicious activity and requested that she call the police dispatcher with the information. Neither Polston or Cowan at the time were aware of the bank robbbery. They considered the individual's activity suspicious enough to warrant calling the police. Polston and Cowan kept Bump apprised of their location and the location of the suspicious individual. Dispatcher Bump relayed this information to the police dispatcher who directed officers to the business location where the suspect stopped. Police dispatch and officers at this time were aware that this individual was in all probability the bank robbery suspect. After being confronted by police officers, the suspect was arrested for armed robbery. GTE employees Polston, Cowan and Bump were part of a training session conducted this last spring by the Tigard Police Department Crime Prevention Specialist as part of the Utility Watch program. Utility Watch is a program very similar to Neighborhood Watch but utilizes utility workers who almost always have radio equipment in their vehicles, to report suspicious activity. Polston, Cowan and Bump responded exactly according to the training they had received. The apprehension of the bank robbery suspect was a direct result of the actions of Polston, Cowan and Bump. The work of Polston, Cowan and Bump is an example of the police/ccrmunity partnership being forged in the City of Tigard to combat criminal activity. We ccarmend GTE employees Polston, Cowan and Bump for their quick response to suspicious activity, and we ccmnend the General Telephone Company for their participation in the Utility Watch program. i MEMORANDUM CITY OF TIGARD, OREGON TO: Honorable Mayor & City Council November• 30, 1987 FROM: Bob Jean, City Administrator SUBJECT: Washington County Update County Commission Chair Bonnie Hays has requested a few minutes to report to Council and the community on cable t.v. about Washington County issues. cw/2047D DATE 12/7/87 I wish to testify before the Tigard City Council on the following item: (Please print the information) Item Description: Agenda Item No. 4; LID #35 — th. ` Parkway - Spreading of Final Assessment - Phase V Proponent (Por Issue) Opponent (Against Issue) Name, Address and Affiliation Name, Address and Affiliation L� 9 t �1 -I MEMORANDUM CITY OF TIGARD, OREGON T0; Honorable mayor, and City Council November 30, 1987 FROM: Cathy Wheatley, Deputy Recorder SUBJECT: LID #35 -- 68th Parkway Assessment Hearing At the 11/23/87 Council meeting, staff received direction to brine back additional information for Council's review. Attache' i packet staff has prepared to date; please be advised there will be more information coming to you in a supplemental packet which will be delivered on Friday, December 4. cw/2052D CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF': December 7 1987 DATE SUBMITTED: _November 30, 1987 ISSUE/AGENDA TITLE: LID #35. 68th _ PREVIOUS ACTION: Public Hearing _ Parkway. Spreading of final assessment _Opened 11/23/87 continued to 12/7/87 — Phase V _ PREPARED BY: Wayne Lowry f _ DEPT HEAD OK CITY ADMIN OK REQUESTED BY: Dp&ICY ISSUE INFORMATION SUMMARY Given the facts as presented to City Council by staff in the attached memo's, two alternatives are available. ALTERNATIVES CONSIDERED 1 . Pass the ordinance spreading the final assessment as proposed by staff. 2. Pass an alto rnative ordinance spreading the final issessmoriL with interest credits . FISCAL IMPA( r 1 . None. 2. Decrease in special assessment fund resources of $23,000. SUGGESTED ACTION Staff recommends alternative 01 for the following reasons? o Consistent with Council policy as stated in the LID manual adopted by Resolution 85-37. o No precedent set in earlier LID' s. o Preassessment method of financing was cost beneficial to property owners. cs/2050D CI-1Y OF' TIGARD, OREGON MEMORANDUM TO: Honorable Mayor and City Council. November 30, 1987 FROM: Bob Jean, City Administrator SUBJECT: 68TH PARKWAY ASSESSMENTS Both the Oregon Education Association (O.E.A. ) arid Portland General Electric, Co. (P.G.E. ) have raised objections as to the amount of the final assessments on the 68th Parkway Project. Questions about project scheduling, engineering and construction have been answered by the City Engineer. Questions about finance costs and arbitrage concerns were referred Lo the Finance Director and myself. Total project costs (eng.ineor-i rig, rights--•of- way and construction) are correct as presented by the City t_ngineer, arui are cons isl;ent with City Council author•izations. Arbitrage is riot an issue. Dond costs on the early year- bands are greater than the interim interest earnings. Credits for• interim interest. earnings may stall be an issue. City Code provides that "interest earnings on bund proceeds shall be placed in the Special Assessment fund unlit the bonds have matured, at which Lime the remaining amount shall be transferred to the General fund" . This clearly applies to Lhe handling of interest on long--teem bond::. However, the policy on the interim, when short-Lorin warrants would normally be used, isn't clearly stated. In the case of Lhe /2nd Avenue 1.111 where pro•-assessmonts were used, credits were made, but only because of hhic.her pre-assessments and for interim interest on excess assessments. On the 68th project, pre-assessments were lower than final. assessments. If warrants had been used instead of pre--assessments, interim interest cost's from 9/84-11./87 of $128,000 would have had to be added to existing assessments. Financially, pre-assessment, even with the project delays, was a good choice for cost avoidance. The question then is riot one of total cost, arbitrage or basic fairness, but simply as a matter of policy. Dues Council wish to allow interim interest as a credit? There is no precedent nor- Code requirement to do so. PGE chose to pay cash in July, 1984. All others chose to Bancroft Bond in September, 1984. The Bond sale cash was received by the City in October, 1984. Construction was delayed until 1986. Assuming construction funds were not needed until January, 1986, then the 14 months delay from October, 1984 to December, 1985 might be in question. Allowing six months for engineering and right-of-way prior to construction, 8 months interim interest might be authorized by Council . During that period the City earned 8-1/2 to 9% on its funds. If a refund or credit is due: 8-3/4% x 8 months x $403,785 = $23,554 i mh2031D MEMORANDUM CITY OF TIGARD, OREGON TO: Bob Jean, City Administrator November• 30, 1987 FROM: Wayne Lowry, Finance Director ` SUBJEC:f : 72nd Avenue LID Interest Credits I reviewed the preassessment and final assessment for the 72nd Avenue LID related to interest credits to property owners. As you recall, the final assessment set forth in Ordinance 86--03 was less than the preassessment and therefore property owners that were over•assessed were entitled to a refund for- the overassessment. In addition to the refund, Section 3 of the ordinance authorized the payment of interest on the overassessment: from the date of the preassessment to the date of the final assessment:. Because the property owners were over•assessed, thkt C:OUncil refunded the overassessment with interest. The situation is entirely different from that of 68th Parkway. The interest paid to property owners was not comprised of earnings on excess bond proceeds as is being argued by O.L.A. , but was i interest on repayment of the overassessment. cs/2050D _ - Ll MEMORANDUM CITY OF TIGARD, OREGON TO: Mayor and Council December 3, 1987 FROM: Randall R. Wooley, City Engineer•/giu- SUBJECT: SW 68th Parkway (Street) LID #35 Bob Jean's memorandum of November 30, 1987, describes a possible credit for earned interest. If this credit is granted, a revised assessment roll is required. Calculations of the revised assessments are attached. The credit is apportioned to the various properties on the basis of each property's share of the total gross assessment- (prior- to subtracting credits for right–of--way, etc. ) Two draft ordinances are attached. The draft marked "A" is the original ordinance presented in your packet- on November 23, 1987. The draft- marked "8" is revised Lo include a credit for inLerest. The Finance Director has recommended approval of the original assessment roll without an interest: credit. (Ordinance "A") . br/2080D ,n M 00 cP r r k0 0 z O N co ao v' LA z M l0 6N N T r- r .--4 M V' O 61 C' N %D W U) z w to v1 O N In M �n r U) M O k.0 t0 .-1 kD C U] -4 a O U 0 O O W F O U1 U1 O O u W in O H L'O N 1 I O O O (] H U> I kD 1 00 M O a \ O O M ui .-� N U a 0 ONN In M C!1 a Q• O 0o H O F cP %D O tD N r (n -4 F W U) 10 W l0 -4 OD N N %D Q• Ln A W H W -4 IT al co u1 C Ln Q a H N a Woc U F W U) W H a E W M: Lo>4 U) O LnN y [s� Z tl M 0� O M �D O y� w Ln a' a W U) x %0 r Ln r c rn O M Ln Ga O V) V' N V' C w i O a W r O N 00 M O w t> En kD r, %D Ln .4 O kD co > a w N O O O O O 4 N O O In cr O O O O M kD N .-i 14 -4 N N .a kD ko t.0 ko ko %D ko w M M M M M c•9 M U a .a .� � r-1 .-I •--� .-1 ply En M En Lo En En En MEMORANDUM C,1TY OF UGARD, OREGON TO: Mayor and City Council December 3, 1987 FROM: Randall R. Wooley, City Engineerill, Kim SUBJECT: S,W, 68th Parkway (Street) LJD #35 I havo reviewed the final assessments shown in the final engineer' s report and I am satisfied that the final assessment roll has been properly prepared. The final costs were compiled by the City staff. On itemized listing of all charges is available in the LI. ) records. The usual paymenL documentation is available in the Finance Department. The consultant calculated final assessments ut.irig the final costs compiled by the City and using the assessment distribution methodology established at the time of pre--assessment. This methodology was previously approved . It would be inappropriate to change the methodology now that the LID is complote. Cost overruns are the result of threc, causes: 1 . Del The LID was formed in 1903 but construction (lid not begin until 1986. Construction costs increased during this time. period. The delays occurred while the City arid the property owner's attempted to resolve disagreements so that the project. would bo sat.isfc4cLory to all parties involved. 2. Design Cban(4es. Some design ch(.'Anqvs were requested by the City, by property owners, and by the State Highway Division. Tho design revisions increased engineering costs. 3. Construction Changes . During construction it was necessary to make several minor design changes to react to conditions encountered, especially soil stability problems. Minor construction changes are not: unusual.. The contractor on this project was quite cooperative in negotiating fair charges for performing the required revisions. The final construction cost was only 3% higher than the original bid; this would usually be considered a very acceptable cost range. Engineering estimates would usually include a contingency amount to cover the changes which typically arise during design and construction. In this LID, the City directed the engineer to delete the contingency. Apparently this was done to assure that the pre—assessment amounts were as low as possible. Had the usual contingencies been included in the estimates, the final costs would have been very close to the estimates. Memo to Mayor and Council December 4, 1987 Page 2 Attached is a letter from the consultant, responding to questions raised in testimony from OEA's attorney. Based on my review, I find the engineer' s work to be quite satisfactory, including design, construction inspection and cost estimating. I am satisfied that the final costs fairly reflect the value of the project as actually constructed in 1986. Therefore, I recommend approval of the final assessment roll as previously presented. NOTE: On the 135th Avenue LID, several things have been done to avoid cost overrun problems, including: 1 . The engineering estimates include contingencies for possible minor• revisions which may be necessary during design and construction. 2. When it became clear• that construction would be delayed until 1988, the estimate was increased to allow for inflation. Property owners were notified of the cost estimate revision prior to the last hearing. f 3 . We have attempted to thoroughly document the history of the LID, the scope of work on which estimates are based, and the basis for assessment distribution. 4. The alignment for 135th is already well defined, unlike 68th which was a new street. br/2109D CEO am COOPER C®I4SULTANTS9 INC. ENGINEERING/PLANNING/CONSTRUCTION SERVICES 11675 S.W.66th AVENUE• PORTLAND, OREGON 97223 • (503) 639-4914 76100/58 December 3, 1987 Mr. Randy Wooley, P.E. City Engineer City of Tigard P.O. Sox 23397 Tigard, Oregon 97223 Re: S.W. 68th Parkway, LID No. 35 Dear Mr. Wooley: Following are our comments on the objections to a final assessment filed by Mr. George Hansen on behalf of the Oregon Education Association. In his letter and testimony before the council on November 23, 1987, he alleged that the increased costs of the project were due to "engineering errors." The facts do not support this contention. In his testimony, Mr. Hansen primarily addressed the revision in alignment of the street that was made after completion of a preliminary design and preassessment based on that preliminary design. Two potential street alignments were evaluated in the Engineer' s Report for this project. These two general alignments were based on a topographic survey of the Warren property and aerial contour maps provided by the city. A survey of the selected route was conducted after acceptance of the Engineer' s Report to provide more accurate information for the design of the street. The preliminary design based on this information varied slightly from the engineer' s report since the cost of the improvements were reduced with this alignment. The preliminary design was reviewed by the city and the affected property owners and was approved by the city follow- ing these reviews. Legal descriptions for the street dedications and preliminary assessments were prepared based on this approved design. The right-of-way lines were marked in the field to enable the property owners to view the actual location on the ground. At this point, the Oregon Education Association objected to the alignment because it was in conflict with plans for future development of their property. Their representatives were informed that moving the road to accommodate their plans for a proposed building, of which we were unaware, would increase the cost of the project. They indicated that moving the road was essential for their approval . The road was realigned to comply with their wishes. This realignment not only increased the cost of the project, but also reduced the amount of land dedicated by the OEA. This obviously reduced the credit they received for the land and therefore, resulted in a significant change in their assessment. It should be noted that the preassessment was based on the approved preliminary design and the final assessment is based on the actual cost of constructing the street at the location agreed to by the OEA. k' p�p Y: 76100/58 VL Mr. Randy Wooley, P.E. t' City Engineer City of Tigard December 3, 1987 Page 2 We have reviewed the changes to the project that resulted in additional construction cost. A description of these changes totaling $89,900 above the original estimate is included in our letter to you dated March 4, 1987. We do not believe that any of these items"engineering be considered errors. To the best of our knowledge, there were no engineering errors by our firm or the city that resulted in additional cost to the property"owners. If you have any further questions, please call either Paul Ehinger or me. Sincerely, C0 ER CONSULTANTS, INCA P f Keith C. Thompson, P. C COOPER CONSULTANT®,INC. B. CITY OF TIGARD, OREGON �. ORDINANCE NO. 87- AN ORDINANCE DETIM�IMPROVENING MFINAL COST OF ENT DISTRICT NO. 35;TiAPPORTIONINGNTHE ICOSTH AM`ONG6T HE PARKWAY (STREET) DEFICIT BENEFITED PROPERTIES, ADINGAND,ED7 REC:TI'.NGN THE DECLARING NA ASSOFASSESti ENIN MENT OR CREDIT FOR EACHPROPERTY, LIEN DOCKET AND SENTING THE INTEREST RATE. The Council Finds: 1. -rhe SW 68th Parkway (Street) Improvement District No. 35 was formed and the improvements directed to be made by Ordinance No. 83-31. have been made in accordance with Lhe final engineering 2. The improvements ring report' adopted by Resolution No. 87 -133. The report contains a proposed assessment roll . 3. QY Ordinance No. 84-44, each property within the District was pre-assessed based on estimated project costs. 4. The tut:al estimated pre-casse >ment cost. was the sum of $403,785.00 the total final cost is the sum of $467,675.50 and the assessments against nd the tho individual properties nouns Sis sort Pica lyh inl benefited tinothell astated Council finds that each property amount. The difference between the estimated cost and the final cost has resulted in a deficit assessment or credit for each property' the proposed final 5. Notice of assessments smnts was directed to be given by Resolution No. 87-133 . rty was 6. Individual miailedrnoti e ownehr' onoNovember posed s2, 1987. Tessment for he each eadvised mailed to each property property owner of the opportunity to object in writing to the proposed assessment and that written objections would be considered at a public hearing. The public hearing was held on November 23, 1987. filed written objections. The Council considered 7. Two property owners these objections. 8. The Council determined that a credit of $2.3,554. 12 for earned interest should be applied to the assessments shown in the f196l engineer's report. The assessment- roll was revised on December 2, the credit of $23,554.12. THE CITY OF TIGARD ORDAINS AS FOLLOWS: Section 1: The final total cost of $467,675.5 orshal d beinassessed attached the individually benefited properties as app assessment -oll entitled Final Assessment Roll for SW 68th Parkway (Street) Local Improvement District No. 35 and dated December 2, 1987. i ORDINANCE NO. 87- Page 1 Section 2: The Finance Director shall mail an Assessment Notice to each property owner and the notice shall state the amount of the assessment. In the case of deficit assessments, the notice shall state the amount of the -�- assessment which is due immediately and that applications may be made to make installment payments; such applications shall be reviewed by the Finance Director for eligibility. In the case of a credit, a rebate shall be given to all property owners who paid the pre--assessment in full. Section 3: The Finance Director- is directed to enter each benefited property and the amount of the assessment against the property as shown on the Final Assessment Roll for SW 68th Parkway (Street) Local Improvement District No. 35 dated December- 2, 1987, in the lien docket of the City separate from other prior or subsequent assessments and the same shall constitute a lien against each respective property and bear the interest rate of the net effective interest rate of the bond at the time of the bond sale plus a two percent charge until paid. PASSED: By vote of all Council members present after being read by number and title only, this _ day of 1907. L.oreen R. Wilson, City Recorder ^ APPROVED: This day of _ __ , 1987. Thomas M. Brian, Mayor Approved as to form: City Attorney Date br/2080D ORDINANCE NO. 87— Page 2 FINAL ASSESSMENT ROLL FOR THE 68TH PARKWAY (STREET) LOCAL IMPROVEMENT DISTRICT No. 35 FINAL NET ASSESSMENT PRE-ASSESSMENT DEFICIT ASSESSMENT PARCEL OWNER (After Credits for R/W and P.E.) (Ord. No. 84-44) OR (CREDIT) 1S1 36DA 2300 Oregon Education Assoc. 125,276.96 91,594.00 33,682.96 1S1 36DA 101 & 102 Feichtmeir/Warren 78,016.01 84,877.00 (6,860.99) 1S1 36DA 100 Portland General Electric 60,467.88 56,010.00 4,457.88 1S1 36AD 6502 Way Lee, General Contractor, Inc. 35,132.95 27,438.00 7,694.95 1S1 36DA 200 Pollock 63,4an.47 56,447.00 6,997.47 1S1 36DA 2400 Way Lee, General Contractor, 87,419.00 17,918.23 Inc. 105,337.23 TOTALS 467,675.50 403,785.00 63,890.50 December 2, 1987 WAy W. LEE GENERAL CONTRACTOR, INC. 5210 S.E.26TH AVENUE • PORTLAND,OREGON 97202 �. 50)2)44991 December 7, 1987 DCC Mr. William A. Monahan Director Community Development City of Tigard 13125 S. W. Hall Blvd. Tigard, OR 97223 RE: OBJECTION TO ASSESSMENTS S. W. 68th Parkway LID NO. 35 Dear Mr. Monahan: I wish to express my objection to the increased assessment of the above mentioned project. I fully reinforce all the points mentioned by Mr. George Hansen for the Oregon Education Association in his letter of November 23 , 1987 of which I enclose a copy. In addition, I most strongly object to the additional assessment of $25,500 for the reconstruction of the retaining wall along Newport Bay Restaurant and the $5,000 for the reconstruction of driveway improvements at Newport Bay. I believe that these additional increased costs are a result of an error in elevation on the part of the engineer and the City of Tigard when the 68th Avenue extension was done. Sincerely, Wa 4. Lee WWL:ll enclosure GEO$C3E L M&NSEN,P.c• RECEIVED NOV 2 5 1987v� ATTORNEY AT LAW 11aIs S.W.Pwctnc HIaMwwr P.o.sox!30716 PORTLAND.09ROON 072120 004- TZLCPHONC 503 24e-2230 November 23, 1987 yDirfectOr A. Monahan velopment rd Hall Blvd. 97223 Re: Objection to Assessments for S. W. 68th Parkway LID No. 35 Dear Mr. Monahan: On behalf of my client, the Oregon Education Association, I wish to express their objection to the increased assessment on the above-referenced project. At the same time, we request an accounting on the arbitrage interest earned on the bonds. The March 4, 1987 letter from Cooper Consultants, which was er Notice of Hearing, states that some of included in your Novemb the increased cwas ost wdonges in sign e that the OEA has �• weather. In review, enotefromthe fil consistently specified where the road was to be located and that engineering errors resulted in the redesign of the road, NOT an after-the-fact change in location. I also refer you to Cooper Engineering's letter of March 29, 1985, wherein they expected then 60 days.contruction on Junewhich 1, 1985 and complete construction wit tion was to be in the best building weather. In conclusion, any increase in cost was due to the errors of the engineers and the City of Tigard. It is our belief that the city should look to its contra ct with the engi� eraccounting rtohe interest earned on the bonds, and make a comp the property owners prior to ruling on an increased assessment. Very truly yours, GEORG , P.C. G� G e Hansen GIH:ed cc: Tigard City Council Oregon Education Assn. FeicLtemeeir/Warren y pow I GEonoE: 1. HAwsEN,P. G. _ ATTORNEY AT LAW 11515 S.W.PACIFIC HIOHWAY e P.O.BOX 230719 E TELEPHONE 503 243-9939 PORTLAND,ORZOOZZ 97223 December 7, 1987 1 Mr. Rand 1 R. Wooley r City E ineer S City Tigard 131 S. W. Hall Blvd. 3 Ti ard, OR 97223 Re: Objection to Increased Assessment S. W. 68th Parkway 1 LID No. 35 i i Dear Mr. Wooley: i Reference is made to the November 23, 1987, City Council meeting, wherein I testified as to the OEA's objections to the increased assessment on the referenced project. F I objected primarily to specific construction and legal, E engineering, etc., cost overruns of $150,000. I refer you to the g engineer's letter of March 3, 1987, page 2, "Estimates", wherein they contend that some of the engineering costs were due to a change request by OEA. This is not true. If anything, the change was due to an error of the engineers. f OEA originally (May, 1983) stated that the road was not to interfere with a line of redwood trees planted on the North and East perimeter of their building complex. The original prelim- inary design took that into consideration in Plan B (see attached sketch). Thereafter, the engineers, on their own, moved the road. Therefore, it is my contention that any cost overrun, construction and engineering, should be borne by the engineers. I cannot address the cost or the need for the retaining wall f added along the Newport Bay Restaurant, or the driveway, for a total $30,500, other than to point out that that portion of the road was already constructed in 1983 and was not supposed to be affected by the new construction. Therefore, it appears that it was another engineering error. 4 Originally the OEA's share of engineering, construction, legal, etc. was to be $85,392. It is now proposed to be $130,469.35, which seems to way out of line. I also pointed out that it seemed inequitable not to give the taxpayers credit for the interest earned on the bond funds (arbitrage) . C F 7 Mr. Randall R. Wooley Tigard City Engineer December 7, 1987 Page 2 Due to a conflict in schedules, I may not be able to attend the December 7, 1987 meeting. Very truly yours, t GEORGE I. HANSEN, P.C. George I. Hansen GIH:ed Enclosure cc:V Tigard City Council Oregon Education Assn. Feichtmeir/Warren Mr. Way Lee f Iffiffill lips C I 6505AD 6503A 01GO 5C.4LE= /"=2Q0' C TAX LOT(O.UrEL)N[IA656Qs/N Cl 6502AD SEC 36,775,RAV fE71,tme%¢(AD p VE %4 SE y4 rDA) P •LEGEND • - ----LID BOU"0A kY 6� 200DA-PAR'EL A14V f6ER _ cv.zgENT ZON//VG nn,1 nn d*w,-,t¢ASSESSED V4LUA D T/Oti 900 (LAND ONLY) A VF - — 6300A0 /00 D DODA /O/ DA 600 AD (� C. AP ox. • GRA wG � LiMi �I 2 300 DA A5 ESshamr j. ZONE(PLAAl B b 6 ,.,, � SW � � 41 Go'Rlw P/2oP0S�D ,4TI,�,�jq S NA NES) � N7 � . -- - C/TY of T/GA RD t Sly 68 rs� PARKWAY P/�• cp LO CAL /MPROyEMo1,/T D1STR/CT P" �9 •�INC. C� e - ,COCJP�/7 CO>,IYULTAfVT DATE 12/7/87 I wish to testify before the Tigard City Council on the following item: (Please print the information) Item Description: Agenda Item No. 5; Comprehensive Plan Amendment CPA 87-02 Zone Ord. Amendment :'iZOA 87-03 ,Proponent (For Issue) Opponent (Against Issue) Name, Address and Affiliation Name, Address and Affiliation i , i _ I CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF: December 7, 1987 DATE SUBMITTED: November- 2., 1987 ISSUE/AGENDA TITLE: ZOA 87-03 and PREVIOUS ACTION: Planning Commission CPA 87-02 Sensitive Lands meetin s on July 21 1987 and September 8,_.1987 PREPARED BY: Deborah A. Stuart DEPT HEAD OKLW/.4 TY ADMIN OK REQUESTED BY: POLICY ISSUE INFORMATION SUMMARY This second zone ordinance amendment to the Sensitive Lands Chapter- of the Community Development Code (Chapter 18.84) is intended to accomplish the following: (1) staff review only for minor projects which do riot result in any fill or permanent landform alteration; (2) streamlining the review process so that sensitive lands reviews for activity in drainageways, on steep slopes and/or in wildlife/wetland -areas be shifted to the Director from the Hearings Officer (floodplain review will be. retained by the Hearings Officer,); and (3) clarification of open space and other terms requiring better definitions. A comprehensive plan amendment is included as part of this application which will :codify policy 3 .5.3 and applicable code sections to make it clear that floodplain dedication is a condition of development approval . Attached is an ordinance for Council adoption. The Planning Commission reviewed the proposal on September 8, 1987 and with one change that is reflected in Exhibit "A" of the attached ordinance, recommended approval of the change. The Commission minutes are attached. ALTERNATIVES CONSIDERED 1. Approve 7.OA 87-03 and CPA 87-02 as recommended by the Planning Commission. 2. Approve ZOA 87-03 and CPA 87-02 with modifications: 3. Remand ZOA 87-03 and CPA 87-02 to the Planning Commission for further- discussion. 4. Deny ZOA 87-03 and CPA 87-02. FISCAL IMPACT SUGGESTED ACT1-)N 1. Approve ZOA 87-03 and CPA 87-02 as recommended by the Planning Commission. sb/3253P PUBLIC HEARING CLOSED At Commissioner Newton moved and Commissioner Fyre seconed to forward Martin, Haglund, and Seibold's applications to Cit Council with a recommen tion for appointment. Also, to set ove the review of the Nolan's a lications to the September 22 public arin9. Staff will be contact Mr. nd Mrs. Nolan. Motion carried u imously by Commissioners present. 5.2 ZONE ORDINANCE AME NT ZOA 6-86 CHAPT 18.80 and 18.92 Amendments to the Pla ed Development nd Density Computations Chapters of the Tigard Municipal Co Chapter 1 .80 and 18.92. Senior Planner Liden and Co i loners discussed the proposed amendments to the Planned Development Se on of the Code. Commissioner Barber noted section numbers which did no c respond with definitions. Consensus was that the "purpose statemen shou be expanded to clarify that if there are no ammenties then t e applica on would not qualify as a Planned Development. Other top cs included e difference between a Commercial. and Residential PD; Co ceptual and Detai d plan approval; Net Usable open space; Net Usable and and the density omputations; Sensitive lands application combine with a Planned Developm t be heard concurrently; and that the density mputation and PD sections co tide. PUBLIC TESTIMONY o No one appea ,d to speak. o No action was taken, staff will make revisions and rev .w with the Commissio at a later date. 5.3 COMPREHENSIVE PLAN AMENDMENT CPA 87-02 ZONE ORDINANCE. AMENDMENT ZOA 87-03 Request by the City of Tigard to amend the following sections of the Community Development Code as they pertain to Sensitive Lands: 18.84, 18.80.120, 18.120.020, 18.134.020, 18.162.050, 18.130.040, and 18.26.030. Also to amend the Comprehensive Plan Policy Section 3.2.3. Senior Planner Liden reviewed the cover memo and discussion f��llowai regarding the proposed allowance of land form alterations on rrsid ,ntiait zoned land. PUBLIC TESTIMONY Carl .Johnson, 8965 SW Burnham, wns 7resent a5 it ;•wns Gr()pertV inr i i' F inno Creek near Durham Roars and at least en f i t is t n N., rec,nested th:4r. parking, be i itito i r7itte 1 ; i, section 18.84.015. ALso, when a entire site -subit.ct. in ;t:ead mandarory de-diration there should be an itorl for review ! !! Hearings Officer. n i)iscussion followed reg,ardinv. mandatory dedicati-1, difference between. the floodplain and floodway, the history prior to chances in the Code an-i how the process should he handled. PLANNING COMMISSIONER MINUTES - SEPTEMBER 8, 1987 PAGE Consensus of the Commission is that there should be definite guidlines on how flood plain improvements on residential land will be made, or the entire area should be dedicated to the City. PUBLIC HEARING CLOSED RECESS 9:08 RECONVENE 9:20 PM o Discussion followed on how to proceed with the Sensitive Lands proposal. * President Moen moved and Commissioner Newton seconded to forward Zone Ordinance Amendment ZOA 87-03 and Comprehensive Plan Amendment CPA 87-02 to City Council, recommending approval with the modification that Item 5. "Allowance of landform alteration of land zoned residential" be eliminated by removing the brackets in section 18.84.040 (a) (2). Motion carried unanimously by Commissioners present. 5.4 COMPREHENSIVE PLAN AMENDMENT CPA 87-03, ZONE ORDINANCE AMENDMENT ZOA 87-04, ZONE CHANGE ZC 87-16 NPO lel An amendment to the Findings, Policies, and Implementation Stragegies Document to add action Area goals and policies as an additional area of Special Concern. To assign the Action Area overlay to the CBD district. To amend the Tigard Municipal Code to add a chapter regulating development in Action Areas and to review Chapter 18.66 CBD zoning district requirements. \ A new Droposal with minor modifcations was submitted to the Commission. \ Senior Planner Liden reviewed the memo from Senior Planner Liz Newton. PUBLIC TESTIMONY o Emmett Whitaker, 13250 SW Burham, NPO ' I Chairman, stated he was concerned about time frame, ie. the proposal Point; before PInnnint; Commission prior to being reviewed by the NPO. HP expressed concerns for the existing businesses that would become prohibited uses; for section A. 2. , development standard should not be open ended; section C. 1. a. , questioned the orientation of building and facilities towards transit services; and Policv 5.0, would it close down businesses who couldn' t afford the public improvements. n Discussion followed as to what was expected from thr+ (:nmmissinn_ PUBLIC HEARING CLOSED * Commmissioner Peterson moved and Cnmmissioner Barbor s�r•nnded to forward the crows=al to city Cnnnci 1 without .i recomm,rn:iati )n LncLuc]ing tho f-)I Iow no .•- rim nt •,. nn,. r th• downtown (CH )'I !•;tr-v hnv(, rr,nri•rnr= i ,r Mist=i r,y, nr+,n,"tv w,c. r,; Ci,:rt would become non—conforming uses. 3. 7�tat the Action Are.i !)c- : 1-au r , 'i ','*tr.., -1 T10f1: i CdiEficult to administer. Motion carriers unanimously by Commissioners prr'sent. PLANNING COMMISSIONER MINUTES — SEPTEMBER 8, 1987 PAGE. 3 i .. -_, .• _ � C�. .._� ' C5 THE SUNDAY OREGONIAN. JULY 12, 198 � held rights fe nal ly cepPr�prty The state, through the Coastal commission,attempted to extort dedication of private property to the public to By LYNN D.COMPTON exchange for a permit to perform these modest improve- "NOR SHALL private property be taken for public ments.The commission was succe,sful. to use without just compensation."That USdCon Constitution. chiscussed ar cterizecity given to these disputes has them as pitting the greedy property oder clause in the Fifth Amendment to the a part of the Bill of Rights, has finally been given the pgo�ec� nur precious natur loresoarcestor the need to effect and respect to which it is entitled. In two recent opinions by the U.S. Supreme Court preserve open space. (First English Evangelical Lutheran Church of Glendale What has been overlooked or ignored h that the state, wer of e vs. County of mon Angeles the and Nollan vs. Californiaof nd v dull property• tliethroab lily ugh its oaccomplish theinent se worthwhile gas oals Of Coastal Comthe have b ). owners reaching and abusestdicated,and,one hopes,the over- course, the of the planners, zonerand regula• public would have to pay foe of the r he land acquisitions.i,itions mean wer wouthat is tors will at least be modestly curtailed. simply unfair,however,and,as is now clear,unconstitu During my 17 been tenure on the California Court tional, to force full burden of thetpubUc twual nfierty owners to bear the Appeal, I have ben shocked at the frequencyson between the which regulatory agencies have visited injustice and trend in the Un I can't hebut States of vigorously protecting indi- hardship on Individual citizens in the name of planning victual rights vis-a-vis the police in the enforcement of and land-use control. sin trend of denigrating indi- Organizations and individuals who are generally in criminal law and the oppo g the forefront of the battle to protrrt individual liberty in vidual rights in the area of land use regulations. the areas of freedom of speech and press(First Amend- The criminal law in the United States is designed to the areas freedom from unreasonable searches and sciz protect an individual's right to life,liberty and property ures (Fourth Amendment) and freedom from against the predators among us. Theft, rape, robbery self-incrimination (Fifth Amendment) a proseem to take perty contained itn the statements that ue not nless the police are restrainlitical crimes.yet we ed position,when the right of p p the Fifth Amendment is at issue,that individual rights thiIf a police o ccrlin avunLpolrmeand twearing a badge should give way to a"public right." The constitutional guarantee that protects private were to trample the rights of citizens in the same man. are trmled by rs la- is the one ner as those guaranty that most dramatically setts our country apart tors in other rights anchesaofpgo ernmentc the r action from the socialist states that recognize no individual would be swift and the outcry deafening.Yet these latter rights and that subordinate individual freedom and violations of constitutional rights have until now been nd while i;;nored and even legitimized by some of the courts as property rights to the welfare of the state. A so-called land developers have been made the bogymen simply being for the public good. in many of these cases, the fact is that in most of the Now, one hopes, more attention will be paid to the cases that I have seen in which the.regulatory agencies injustices that are perpetrated against individuals in have overreached, the victim was an individual small- the new awarenename of ss that theation.and there will right o private property is property owner. Witness the case of Whaler's Village Club vs.Califor- as fully protected by the Constitution as are our other I nia Coastal Commission, in which individuals sought civil rights. nothing more than the ability to shore up their sea once the government achieves the power to deprive walls to prevent storm and tide damage to their homes. citizens of their right to private and personal,by regulation of its use or by confiscatory urt taxation,other right that might survive would be of lit Lynn D. Compton is a justice of the California Co of Appeal for the 2nd Appellate District. Ile wrote this tle value. 19a,tos r,rveie:rme, article for The Los Angeles Times. DATE 12/7/87 I wish to testify before the Tigard City Council on the following item: (Please print the information) Item Description: Agenda Item No. 6; Zone { Ordinance Amendment ZOA 87-06 Drive Thru .Windows Chapter 18.130 Proponent (For Issue) Opponent (Against Issue) Name, Address and Affiliation Name, Address and Affiliation 1 MEN 10 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF: December 7, 1987 DATE SUBMIT-FED: November 19, 1987 ISSUE/AGENDA TITLE: Zone Ordinance PREVIOUS ACTION: Public Hearing to ff", Amendment ZOA 87-06 Drive Through adopt Action Areas was held 10/26/87 Windows Chapter 18. 130 PREPARED BY: Elizabeth Newton DEPT HEAD OK kwfi*-CITY ADMIN OK REQUESTED BY: City Council =A-V-07L�-ICY ISSUE At the October 26, 1987 City Council meeting, Council adopted Ordinance 87-56 which allows Drive Through Windows as Conditional Uses in Action Areas. The Council needs to adopt standards for• consideration of the Conditional Use applications. ............. INFORMATION SUMMARY On October 26, 1987 the City Council adopted three ordinances related to implementing the Action Area concept. Adoption of Ordinance 87-45 allows drive through windows as a Conditional Use in the Action Areas. In order to consider Conditional Use applications for drive through windows as conditional use permit applications would be by the land use hearings officer•. Attached is an ordinance which if approved would adopt standards for renewing those applications . The Planning Commission ruled unanimously to recommend approval at their November 10, 1997 meeting. ALTERNATIVES CONSIDERED 1 . Adopt the attached ordinance approving standards for• consideration of drive-through windows as conditional uses in the Action Areas. 2. Modify the attached ordinance. ............ ......... ....... ............................................................. FISCAL. IMPACT' None anticipated. SUGGESTED ACTION 1. Adopt the attached ordinance approving standards for consideration of drive-through windows as conditional uses in the Action Area. cs/1936D DATE 12/7/87 I wish to testify before the Tigard City Council on the following item: (Please print the information) Item Description: ' Agenda Item No. 7; utility Easement Vacation - Kneeland Estates #2 Subdivision, Tots 131 and 132 Proponent (For Issue) Opponent (Against Issue) Name, Address and Affiliation Name, Address and Affiliation i CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF: December 7 1987 DATE SUBMITTED: November 18 1987 r ISSUE/AGENDA TITLE: Easement Vacation PREVIOUS ACTION: Called for Public Public Hearin — Kneeland Estates No. 2 Hearing_— Res. 87-132 on 10/26/87 ) Subdivision PREPARED BY: Development Serv. Mgr DEPT HEAD OK ITY ADMIN OK REQUESTED BY: Rainier Bank of Oregon PO _ICY ISSUE Council—initiated public utility easement vacation request; consistent with Council Policy as adopted by Resolution No. 85-30. INFORMATION SUMMARY On October 26, 1987 Council passed a resolution to call for a public hearing on a Council--initiated vacation request to be held at 7:30 PM on December 7, 1987. The vacation is being processed by the City at the request of Rainier Bank of Oregon. The purpose of the vacation is to eliminate a public utility easement that is no longer needed for public purposes . The Department of Community Development and Planning Commission are. recommending approval . The hearing was published in the Tigard Times according to City and State requirements and all abutting and affected property owners have been notified by mail. ALTERNATIVES CONSIDERED 1 . Approve vacation request as shown. 2. Approve vacation request with amendments. 3 . Request staff to prepare resolution denying proposed vacation based on objections and remonstrances received during the public hearing. FISCAL IMPACT All staff time and advertising cost will be paid by Rainier Bank of Oregon. SUGGESTED ACTION Staff recommends Alternative No. 1 with motion to approve the Ordinance as presented. sb/1930D ELM" gems soon LA MCI signs SOMMOUSS man' =ins Fj logo Ism let align x1t Sim= au PER w NINE 'Atli • �.�, � ���,;==■ IIIN,� � .(���tlrl1_ SLS, ' 16 Zug 111V m IN a SM U I Hirt P-1 aw lot Jill gleam MEMORANDUM CITY OF TIGARD, OREGON s TO: Honorable Mayor and City Council November 20, 1987 FROM: Randy Clarno, Development Services Manage00 SUBJECT: Community Development Department Report lfor Proposed Vacation of Certain Public Utility Easements within Kneeland Estates No. 2 BACKGROUND All public utility easements within the subdivision plat of Kneeland Estates No. 2 were dedicated for public use with the recording of the plat in July 1981. Typically, utility easements are dedicated along certain lot. lines within subdivision plats to facilitate power-, water, gas, phone and other utilities. Such was the case with the plat of Kneeland Estates No. 2. Last year, Ranier Bank of Oregon received approval to adjust lot lines within the. plat and requested that certain existing public utility easements be vacated. On October 31, 1986 this vacation request was approved by City Council . Subsequently Ranier Bt+nk of Oregon is requesting that an additional easement be vacated that was overlooked with the original request. On October 26, 1987, Council called for a public hearing to hear this additional request. FINDINGS Planning Commission The Planning Commission considered this vacation request at their November 10, 1987 regular meeting and unanimously recommended approval (see attached memo from the Planning Division) . Traffic, Pedestrian and Bicycle Circulation Given the nature of the easement (public utilities), traffic, pedestrian and bicycle circulation are not impacted. Facilities related to the above items have either been provided by the Kneeland Estates development or will be provided by future developments. Fire and Police Services A response was received from the Police Department and they recommended approval. No response was received from the Fire District. C KNEELAND ESTATES MEMO PAGE 2 November 20, 1987 Drainage and Sanitary Sewer Both drainage and sanitary sewer services in the area are provided either by the Kneeland Estates developments or will be provided by future developments. This particular utility easement is not required to facilitate both current and future development. Other Utilities Northwest Natural Gas and the Tigard Water District responded and had no objection to the vacation. The following other utility providers did not respond: Willamette Cable General Telephone Portland General Electric Transportation and Capital Im rovements Plans Given the nature and location of the easement, the 'Transportation and Capital Improvements Plans are not impacted. .1t is anticipated that future development will provide those public improvements not already in place. I have noted above that certain agencies did not respond to our request for comments. 1 will attempt to contact each of these and report on their response at the Hearing. RECOMMENDATION Staff recommends that: the proposed vacation of certain public utility easements within the subdivision of Knaeland Estates No. 2 be approved subject- only to the necessary certification and recordation with Washington County. sb/].938D i III IF 11=011 elm S MEMORANDUM i F CITY OF TIGARD, OREGON 1 k TO: City Council November 12, 1987 1 FROM: Keith Liden, Senior Planner /4-- � SUBJECT: Utility easement vacations for Lots A and 5 of Amart Summer Lake and Lots 131 and 132 of Kneeland Estates No. 2. On November 10, 1987, the Planning Commission reviewed the above easement vacation proposals. The Commission unanimously voted to recommend approval of the two vacation requests. ,4 t s 1 i 1820D/dmj f \ l k i DATE 12/7/87 I wish to testify before the Tigard City Council on the following item: (Please print the information) Item Description: Agenda Item No. 8; Utile '"'Easement Vacation Request - Amart Summerlake, Lots 4 and 5 Proponent (For Issue) Opponent (Against Issue) Name, Address and Affiliation Name, Address and Affiliation U CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF: December 7 L 1987 DATE SUBMITTED: _November 19, 1987 ISSUE/AGENDA TITLE: _ Easement PREVIOUS ACTION: Called for Public Vacation Public Hearing. — Amart Hearing — Res. 87--131 on 10/26/87 Summerlake subdivision PREPARED BY: Development Services Mgr.V DEPT HEAD OK ITY ADMIN 0 REQUESTED BY: Don Morissette Builders LICY ISSUE Council — initiated public utility easement vacation request, consistent with Council Policy as adopted by Resolution No. 85-30. INFORMATION SUMMARY On October 26, 1987, Council passed a resolution to call for a public hearing on a Council initiated vacation request to be held at 7:30 PM, on December 7, 1987. The vacation is being processed by the City at the request of Dori Morissette Builders, Inc. The proposed vacation consists of a 10' wide easement between lots 4 and 5 of Amart Summerlake. This vacation does have an affect on a recent lot—line adjustment approval received by Don Morissette Builders, Inc. This approval consists of reducing 4 lots to 3 lots . Should the easement not be vacated, Don Morissette Builders, Inc. , would have to reduce 4 lots to 2 lots, given the locatirn of the easement. The Department of Community Development and Planning Commission are recommending approval of the vacation. The hearing was published in The Tigard Times according to City and State requirements and all abutting and affected property owners have been notified by mail . ALTERNATIVES CONSIDERED 1 . Approve vacation request as shown. 2. Approve vacation request with amendments. 3. Request staff to prepare resolution denying proposed vacation based on objections and remonstrance received during the public hearing. FISCAL IMPACT All staff time and advertising cost- will be paid by Don Morissette Builders, Inc. SUGGESTED ACTION Staff recommends Alternative No. 1 with motion to approve the Ordinance as presented. is/1926D C If• 4� �■■■n■ ■�.Ufa .WA ► �'� MIR 1 c s' ■�I �aa■ ■r■w�a■ :�iC = �� � m Sm NO :�... ..�.. '.ate � . � '"�.• .,; J�' r. ,� ,��t�1= �,, '•. " Ali".,`. Nollmile .■. `�e fs, _ ��► r � ��fN►��■!� Illllifffllit�... soon� i' i� =�����������►moi �/■l; ��,�} 0 low oil ,�-- �• roe■ .�� �.. � ��' ■�•� fig /I �! ■� �� � �� hitt■ � j �� t��� ��.� — ��/1 � �� - --�-- � tuft■i ,/� �Lii t�1�,"_•"'� � s. = =� t/its.� �/�1� �/�tt■��It� �••. -. ,' .;`. IPA jalp Ills man *..111111in loin`9 ■mons■no ��,►� :� a JIM w �AM WE 1 Sid MEMORANDUM CITY OF TIGARD, OREGON 1 TO: Honorable Mayor arid City Council November 20, 1987 FROM: Randy Clarno, Development Services Manag� SUBJECT: Community Development Department Report for Proposed Vacation of Certain Public Utility Easements within Amart Summerlake ; Subdivision BACKGROUND All public utility easements within the subdivision plat: of Amart Summerlake were dedicated for public use with the recording of the plat in January 1981 . The 10 foot wide public utility erasomont between lots 4 and b is now being proposed for vacation. The easemoriL was initially ra_ser•ved for public utilities that might have extended from SW Summerlake Drive to what is now known as Amart Summerlake No. 3 . All of the necessary utilities were provided utilizing SW Springwood Drive. Therefore, this easement is no longer needed for public purposes. ` Don Morisette Builders are requesting that the easement be now vacated to facilitate a lot-line adjustment approval of lots 3 through G. The adjustmonL will reduce 4 lots to either 2 or 3 lots depending on the outcome of the vacation request. Should the vacation be approved, 4 lots will become 3 lots . z } FINDINGS z Planning Commission The Planning Commission considered the vacation request at their November 10, 1987 meeting and recommended approval . { ti Traffic, Pedestrian and Bicycle Circulation Given the nature of the easement (public utilities), traffic, pedestrian and bicycle circulation are not impacted. Improvements related to these items have been provided by the Amart Summerlake developments. (; 3 2' Fire and Police Services The Police Department responded and had no objection to the vacation. However, no response was received from the Fire District. r I'll mill HINEEM 1 R� 5 t Drainage and Sanitary Sewer Drainage and sanitary sewer• improvements have already been provided with the Amart Summerlake developments. t Other Utilities Responses were received from Northwest Natural Gas and the Tigard Water District and neither had objection to the proposal. Responses were not received from the following other utility providers: Willamette Cable General Telephone Company Portland General Electric Transportation Plan and Capital Improvement Plan Given the nature of the easement, the Transportation Plan is not impacted. All necessary improvements in the area will most probably be provided by future developments and not the Capital Improvements Plan. I have noted above several agencies that have not responded. Prior to the. hearing, I will attempt to contact• each of these utilities. RECOMMENDATION Staff recommends that the proposed vacation of a certain public utility easement- within the subdivision of Amar•t Summerlake be approved subject only to the necessary certification and recordation with Washington County. sb/1935D l t i MEMORANDUM CITY OF TIGARD, OREGON TO: City Council / November 12, 1987 FROM: Keith Liden, Senior Planner SUBJECT: Utility easement vacations for Lots Q and 5 of Anrart Summer Lake and Lots 131 and 132 of Kneeland Estates No. 2. On November 10, 1987, the Planning Commission r•e , vi�_wed the above easement vacation proposals. The Commission unanimously voted to recommend approval of the two vacation requests. 1, 1820D/dmj C MEMORANDUM CITY OF TIGARD, OREGON November 30, 1987 TO: Honorable Mayor & City Council FROM: Cathy Wheatley, Deputy Recorder SUBJECT: Agenda Item No. 9 - Westwood Site Discussion December 7, 1987 Council Meeting Please be advised that a site plan will b a deliveredeto you onitemaay, December 4th, for your review for the ow MEMORANDUM CITY OF TIGARD, OREGON T0: Members of the City Council December A, 1987 FROM: William A. Monahan, Director, Community Development SUBJECT: Westwood Corporation Revised Site Plan At the Council meeting of November 23, 1987, the City Council directed Westwood Corporation to prepare a revised landscape plan for the Tigard Towne ay Center. I have met with Westwood's representatives , on the nrevisbdr plan dconta�ins to review their plans. Based upon our the following: 1, Twenty—nine Douglas Firs as a replacement for, the eighteen trop-5 which were removed. The trees will be of a minimum 8,, caliper. Height of the trees will vary. ffim t 2. One cluster of seven tr•pes will be planted in the berm area referred to / as Group 2 by proposed Pad C. Proposed Pad C is shown conceptually on the Plan. It has been moved to the south. Please note: the plan under review is for landscaping only. The actual location of the pad could change, however, it cannot encroach into the landscaped area. ZZIRM 3 . The existing trees referred to as Group 4 will be preserved. The plan shows a line in which no construction may occur without consultation with the arborist. The intent is to preserve the trees requiring that Pad A be sited further east from the trees. Item e of the Collier Arbor Care plan addresses this concern. k A copy of the Collier report on the Recommendations for Remedial Care of i Existing Trees at 'Tigard Towne Square is attached. This report- as well as the ired of the developer will be finalized in the maintenance assurances requ coming weeks prior to issuance of any occupancy permits. i Based upon the direction which Council gave to the staff- on November 23rd, the � proposed revised plan appears to meet the Council's intent. F c br/2135D OLLIER ARBOR CARE, INC. -: F-4Prolessionai Tree&Shrub Gare since 1937 -C . 4225 S.E. 881h Ave. • Portland.OR 97266 . 7749642 INSECT& L SEASE CONTROL• PLANT HEALTH CARE PROGRAMS• PRUNING FE ILIZI G CONSULTING Decem RECOMMENDATIONS FOR P.EMED?AL CARE OF EXISTING TREES AT TIGARD TOWN SQUARE. 1 . Pruning: TY— ttranches stsould be thirrsed to reduce the wird hied, to balance the distribution of branches and to cur::,ennutc for root loss. The trees shall be pruned Lo NAA Casa t t-Atoisrds . Remove 20 to 35% of the crown, per consuitant_ ' a directions. Fertilizing: j'he trees should hr fertilized with si c.owplete to st imlrlate root growth and recovery from stress . This should be done annually rtntil the trees have rprovrr-d . F'er'.ilizir,g sh(ruld be dune by deep riot (yui,-surface) irjec, ions , or their equivalent , hecaune this method aise helps tJ Inosen compac;.ed soil . The tre.�3 shall tieTr.t ilized acc,,jrding to NAA fertilizing stttttrldCris ., 3. Olr i i i and fill ) : This technique irrr.r� ys•« soil tie,-rt, and drair.ngc o2' coml,ect-rj soils due to eonutrueti::r. --ctivit.-Os. An auger is uselt to drill 2 each direinter pules 10 to iv inches deep in a grid pattern on 2-feat centers under the dz .n line of the treev. No holes should be drilled cicsser ti,en 3 feet ft-..)m each tree. Care should be taken to avoid damaging r_n.ots. The holes ar-e then filler! with coarse masons sand cr fine Pea gr-iv-1 - 4 . Noot Aerrrtiort for raised grade (soil fill) area us1..Gr perforated plastic pipe: 1Spcci`iCA1 !V) tree number 5 in grcup 4 and all of group 5 havo had a nortiGn of their root zones inspseted by soil fill . SGil fill smothers toots dac to Inc-!. a: nxyger.. A resp! ttPrat ins, j�ya tem using perforated pipe will help to bring oxygen back into the covered root zones . a. Tee? *5 of Grout: 4. Two holes shall be bored under the soil fill and under the road t- the s^vt•,-, away from tree Ztv. ( 'frac hnlPs shall be sit , s. :•1i;ht ly be-taw, t.-.0t original soil gr ode, and slope stigt.t ty downwerd fr_•m north t n south. T1,- holes shall be 4 inches Licensed tri Oregon stats Department of Agriculture Merrbs.s Oregon Assoctatton Nurs•.ymen.Land,"Pe Garden"Ct.Ap r.Intartvllanat Socials or I.rborinrltun Ime'national Pesticide"tcators Association.Natsonal Arborist Association Ct , ..OLDIE GMARBOR CARE, INC. Professional Tree&Snrub Care.since 1937 4223 S.E. 88th Ave. • Portland, OR 97266 . 7749642 INSECT&DISEASE CONTROL • PLANT HEALTH CARE PROGRAMS• PRUNING• FERTILIZING•CONSULTING in diameter, 5 feet apart and 10 to 15 feet long. A 4-inch perforated- plastic pipe shall be inserted into the hole. A small rip rap rock wall shall be placed in front of the pipe ends closest to the tree. b. Group 5 trees . Six holes shall be bored under the soil fill and under the road to the north of Group 5 trees . The holes shall be at , or slightly below, the original soil grade and slope slightly downward from south to north. The holes shall be 4 inches in diameter, 5 feet apart and approximately 10 to 15 feet long. A 4-inch perforated plastic pipe shall be inserted into the hole. A small rip rap rock wall shall be placed in front of the pipe ends closest to the trees. 5. Protection from trenching of utilities or irrigation systems: Trenching shall be prohibited within the dripline of the trees. Tunneling should be done where roots over 2 inches in diameter are encountered. 6. Watering: Water trees during prolonged dry periods by methods which prevent surface runoff. 7. Lawns: Lawns should not be established under the dripline of existing treest, as this could contribute to their decline. 6. Protection of Group 4 trees from proposed development: It is my understanding that there is a proposed building (Pad A) to be developed east of the Group 4 trees. The following are my recommendations for their protection. a. Establish a limited development line. The proposed development ' (Pad A) shall be no closer than 25 feet to the trunks of Group 4 trees, with no construction activity taking place within that protected area without the consulting arborist 's approval. b. Barriers, such as temporary fencing, shall be placed around and completely encircling Group 4 trees. The barrier shall be placed 25 feet from the trunks of the Group 4 trees. Ucensad by Orson State Department of Aprlcuhure Members ontgon Association Nurserymen•Lantlsupe OaMsns.s Chapter.Intertrational Society of ArboAaAturs Intemat,onsl Destcide Applicstors Association.Nsborwl ArboAst Assoetetlon `�NOLLIER ARBOR CARE, INC. Professional Tree&Shrub Care,since 1937 4223 S.E. 88th Ave. * Portland,OR 97266 0 7749642 INSECT&DISEASE CONTROL• PLANT HEALTH CARE PROGRAMS• PRUNING• FERTILIZING•CONSULTING C. Paving to within 15 feet of the trunks of Group 4 may be permitted, subject to the following conditions. 1. The root zone of Group 4 trees shall not be disturbed by construction activities. 2. An aeration system for the root zone shall be installed prior to paving. 3. The lowering of grade below the original soil grade shall not be permitted. 4. All paving within 25 feet of the Group 4 trees will be subject to the approval by the consulting arborist. I would like to offer a suggestion. If Ped A is located further to the north of the proposed site, this would then move the development out of the limited development area surrounding Group 4 trees . Please do not hesitate to contact Mme if you have any qurestio(ns. / Terrill Collier l UowwW by Omgm State nep rbr w+t of AWICU turs h ma tionxx Pest de Apdc alm Associat �t1oml Ar'rborist As�sa6sttiom a Arborfd�fturs f1C1f G�la.�1' �-I i r Ll A r 0 0 pacff, s Durh�m rl+iii►�°{Il+I+ +I+J+1� �I+JIt+ +rillrl 111!°r1 °i+1°P °nim +ri[il° ,! °T �N III r ° ri i ' ' I 1 - �j 1 l � � °�. .L 1 r � rT1°�1�°11I°►r��e1► hlr°+'+Irlrl�°Ir,°1°'rl+!°°+I°1°!°1+0°t°�►° NOTE:DRAWINGIF THIS ICRDFILMED ! 2 3 4 _ 5 6_ . 7 1 8 Q 0 iI CLEAR THAN THIS NOTICE, IT IS DUE TO - TFf QUALITY OF TFE ORIGINAL I ! _.. _. DRAWING. 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B 0 0 II 12 rxls 1=11T,:s +�a•c„r as� u 4a2X oz u z z u z Fz-'zz- a z el"el sl I u zl II al- c z 1 1 1 I I uxL�d w4 n6w a �� � ,xll dnn4udu!WId,IWmdluJuduWuulmJunlllJudwllwLlWwduuo�'� ' iwllwd "a o . c ��� ___ MARCH_ 17 ;,1990. #. EXCERPT FROM 11/23/87 TIGARD CITY COUNCIL DRAFT MINUTES AGENDA ITEM NO. 8a: WESTWOOD SITE CONSIDERATION — Council motions: Motion 1: Motion by Councilor Johnson, seconded by Councilor Eadon, to direct Westwood Corp. to follow a course of action to preserve the stand of trees in areas 4 & 5. Further that long ter-in maintenance be required with no further damage being caused by development of irrigation system and ground cover installation and the location of Pad "A". A written long term maintenance plan description is to be submitted for Council approval. Approved by unanimous vote of Council present. Motion 2: Motion by Councilor Johnson, seconded by Councilor Eadon, to remove the stand of trees in areas 2 & 3 for safety reasons only. Staff be directed to bring back at the 12/7/87 Council meeting a Landscape Plan including a written long term maintenance plan description for Council approval. This material is to be submitted for distribution to Council by 12/4/87. This Plan is to be approved prior to issuance of any occupancy permits. Further, the following guidelines be followed regarding replacement of said trees: a. a Landscape Plan be presented to staff; b. replacement tree size and density be satisfactory to staff assuring replacement trees in the 8" caliper size as a minimum with number of trees sufficient to visually offset impact of original tree removal; C. the replacement- trees be installed in a similar location as those being removed; d. landscape berm be maintained to bast ensure preservation of replacement trees; and e. location of Pad "C" shall riot interfer with plantings in areas 2 & 3. Motion approved by a 4-1 majority vote of Council present. Councilor Schwartz voting nay. — L - 11— ,::� 2 W preen R. Wilson, City Recorder lw/2091D l`r - :� 'moi:::•;. - , t . .5h t J CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF: December7 1987 DATE SUBMITTED: _ ISSUE/AGENDA TITLE: Parking Amend– PREVIOUS ACTION: WE ments – Mailbox Blocking _ ----- PREPARED BY: David C. Lehr — DEPT HEAD OKCITY ADMIN OK REQUESTED BY: David C. Lehr P LI:CY ISSUE Should the City Council modify its current policy to disallow blocking of- mailboxes from ' in front of the place where mail is received to 'within 10 feet' of that place? INFORMATION SUMMARY Several parking problems have been identified in the residential areas around Tigard High School over the last 18 months. One of the ongoing parking problems during the school day is that of student vehicles parking in such a manner that it blocks the approach to and exit from mailbox delivery attempts. Recently, the Municipal Court dismissed a parking citation issued to an individual parking within a foot of the mailbox. The Court held that the current City ordinance required the vehicle to be directly in front of the mailbox to be in violation. Staff suggests an ordinance amendment to disallow parking within 10 feet of a mailbox during the peak hours for mail delivery purposes, i .e. .8 AM to 4:30 PM. Since there are currently 8 property owners who are unable to receive their mail due to students parking within 10 feet of the mailboxes, staff would recommend Council pass this ordinance and declare an emergency so that enforcement can begin without delay. ALTERNATIVES CONSIDERED 1 . Adopt the attached ordinance making the above referenced amendment. 2. Give staff further direction. 3 . Take no action at this time. FISCAL IMPACT 1 . No cost. 2. Unknown at this time. 3. No cost. SUGGESTED ACTION Staff recommends Alternative H1 – Motion to adopt ordinance. lw/1555D TORD DRAAfWPOST OMM yp7ES POSTq_ I=&W"p N app G N 1 OM 97223-9M w ^� u&MML m t ® t United States L-7L/ /) Postal Service l J David C. Lehr Chief of Police 13125 SW Hall Tigard, Or. 97223 In reference to Mounted Delivery / Blocked Mail Receptacles, the following are direct statements from various handbook's. Handbook M-37, Rural Delivery Carriers: Section 122 .4 "You are not required to dismount to provide service except as required in Section 313" . Section 313 "You are not required to dismount and provide service on foot when roads or entire blocks or equally large portions of the route are impassable, or when acess to several mail boxes (along a continuous segment of the route) is blocked. Management of Delivery Services, Methods Handbook, Series M-39 , Section 125 .8 States; Serve Boxes frcm a Vehicle. "On a curbline de- livery route, the carrier must serve the mailbox without leaving the vehicle, except to collect postage dues, obtain payment or signature for special services mail, to deliver parcel post too large for the box, or to serve a box temporarily blocked. U.S.P.S. requires that we have acess to our customers boxes on a permanent basis. If a particular box is blocked every other day or on a frequent basis, that customer will recieve either. a Notice 38 or Form 4056 instructing the customer to keep the approach to their box clear. If the customer fails to remove the obstruction within a reasonable time frame, then the Postal Service will take additional measures to insure access to the customers box. A Mounted Carrier needs to pull within arms reach of a curb box to effect delivery. They also must have a reasonable space for entrance and exit from the box, with-out the necessity of backing up to reach the box. U.S.P.S. views the act of backing a vehicle (except where necessary) as a potential safety hazard and an increase in delivery time. As Manager of the Tigard Branch Post Office I recieve many complaints from postal customers about unknown persons parking their vehicles in front of their mail Boxes, prohibiting not only the Letter Carrier from serving the Box, but also prohibiting the customers themselves from gaining acess to their own Mail Box: : Any assistance your office can give the U.S.P.S in this matter will be greatly appreciated, not only by the Post Office but the c' izens of Tigard as well! n Thank You, Steven W. Kaufman, Manager, Tigard Br. K i' i 122.4 You are not required to dismount to A provide service except as required in part 313. r E t 3 L S r f f 313.2 When snow, vehicles, or other objects temporarily block access to individual boxes, dis- mount to make delivery when such service can be e physical exertion or risk of provided without undu personal injury. You are not required to dismount and provide service on foot when roads or entire blocks or equally large portions of the route are impassable, or when access to several mailboxes F (along a continuous segment of the route) is blocked. NOTE: Whenever necessary, request the postman- ter to inform customers with Notice 38,Approaches to Curbside or Rural Mailhoxes. and/or Form 4056, Your Mailbox Needs Attention. to keep the approach to their boxes clear by promptly removing obstruc- tions, including snow, which may make normal t t t i f Y i 4 i 125.8 curbllne Delivery 81 Serve Boxes from Vehicle. On a curbtine he mailbox without delivery route.the carrier mint terve td leaving the vehicle,except to collect postage dues,obtain t ver li payment ignatit le for the box` mail.t or to serveaboxetem- parcel rKd t arg3 porarily blocked. f 1 lam 11 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF: December 7, 1987 DATE. SUBMITTED: _ November- 12, 1.987 ISSUE/AGENDA 'TITLE: Parks System_ PREVIOUS ACTION: Ordinance 84-15 Development Charge Dated March 12, 1987 w — PREPARED BY: Wine Lowry,_ Finance Dir . DEPT HEAD 0 CITY ADMEN 0 REQUES-1k:0 BY:Bob jean City Adm. _ OLICY ISSUE r The Tigard Municipal Code Chapter 3. 16 Section 3. 16.030 sets forth the system development charge for parks and recreation facilities. Revision of such charges requires thea passage of an ordinance by the City Council amending the Tigard Municipal Code. INFORMATION SUMMARY The City's park system development charge for a single family unit is currently $150.00. The City Council recently adopted the city wide park plan as recommended by the Park Board. The plan sets forth the costs associated with land acquisitions and improvements needed to maintain the City' s park system in our growing community. The City's SDC for parks has riot been adjusted since 1984. The purposca of the charge as set forth in I-MC 3 . 16.010 is to acquire, develop, and expand additional park and recreation facilities. The costs associated with the purpose of this charge have increased. An informal survey of surrounding communities indicates that 7igar•d' s Parks SDC r is significantly helow the average of over $260.00 per- unit. In order, to be effective in its purpose to acquire, develop, and expand park r facilities, the following parks SDC schedule is being suggested . Single Family Residential Unit $2.50 Multi Family Residencies 150 per unit i Mobile Homes 12.5 per space 'This change would require a two step process. (1) Adopt an ordinance to amend Section 3 .16.030 to delete reference to a formula to determine charge and authorize Council to set charge by resolution. (2) Approve a resolution to establish an increased charge. t ALTERNATIVES CONSIDERED i 1 . Increase charges as shown above by adopting the attached ordinance and resolution. 2. Leave the charges as they are. FISCAL IMPACT 1. Increase in parks revenue of an estimated $18,000 in FY 87-88. 2. None. 4 — SUGGESTED ACTION — f Staff recommends alternative 01: Two motions are required. i t (a) Motion to adopt ordinance. (b) Motion to approve resolution S 3 .16.030 _ _ 8 (4) "Major park and recreation maintenance equipment" means -any substantial acquisition in excess of five thousand dollars of equipment, or components thereof for use in main- taining parks and recreational areas. (Ord. 82-84 §1 (part) , 1982) . 3 16 030 Formula for determining charge. (a) The k following formula had been used as the basis for determining the system development charge: System Development Charge Formula } A X P X $ = S (A) = Park acreage standard (From Natural Features and Open Space Element) * (P) = Average number of people per unit ** ($) = Average sale price of residential land (S) = System charge *The present (1980) average number of people per house- hold as verified by Portland State University' s center for population research are as follows: Single-family - 3.28 Multifamily - 1.95 Mobile home - 1.61 **The present average sale price of unimproved residen- tial land as estimated by Washington County' s office of as- sessment and taxation is $22,500 per acre. Using these figures and the Natural Features and Open Space Element standard of one acre of park for every one hundred people and an average appraised value of residential land of $22,500/acre** , the fee assessed per unit would be as follows: Single-family Mobile Fiore Multifamily 1 ac/100 X 3.28 X 22,500 .01 X 1.61 X $22,500 .01 X 1.95 X $22,500 _ .01 X 3.28 X $22,500 = .0161 X $22,500 = .0195 X $22,500 _ .0328 X $22,500 = $362.25 = $438.75 _ $738.00 (b)- The system development charge is imposed upon the development of all lands in the city of Tigard, according to the demands which the proposed development of said lands place upon the park and recreation system serving the city as described above. Charges are set at one-fifth of the figures derived from the formula set out in subsection (a) 39-3 (Tigard 9/84) 3 .16 .040--3.16 .060 of this section and rounding to the nearest even ten. Thus the charges to be made are as follows: (1) Single-family residential unit $150.00 ; (2) Multifamily residences 90.00 per unit; 75 .00 per (3) Mobile homes space. (Ord. 84-14 §1, 1984: Ord. 82-84 §1 (part) , 1982) . 3 16 .040 Payment. The system development charge shall be immediately due and payable upon development, including receipt of an application for a residential building permit. The applicant for such permit shall pay and the building official shall collect the applicable system development charge prior to issuing any building permit for any new construction or additions, alterations or changes in use which creates a dwelling unit as defined in this title. permit The building official shall decline to issue any such until such charge has been paid in full. (Ord. 82-84 51 (part) , 1982) . 3 16 050 Exemptions. The following properties shall be exempt from the charges imposed in Section 3.16.030 : (1) City-owned land; (2) Any single dwelling unit on a lot of more than one acre in size; (3) Any parcel of land which has an established use is exempt from the system development charge to the extent of any structure then existing on the land or covered by a building permit issued�82; or before August 11, 1977 . (Ord. 82-84 §1 (p . 3.16 .060 Dedications in lieu of fees. (a) Developers Of subdivisions w o apply for several building permits simul- taneously with preliminary or final plat approval shall be afforded the option of dedicating land in lieu of the system development charge under such conditions as may be provided by the approval authority under such plan and this title. Any such offered dedication may be accepted only if the land offered can be used for recreational purposes in a manner consistent with the Natural Features and Open Space Element of the Tigard Comprehensive Plan; or if the land is to be sold by the city to obtain funds for such purposes pursuant to such element; and provided further that such land has not been used to obtain a density trade-off in a planned develop- ment pursuant to Title 18 of this code. However, no dedication shall be accepted for land which, according to the Natural Features and Open Space Element of the Tigard Comprehensive Plan, is inadequate in size or un- suitable in location or topography for the facilities neces- sary to satisfy the needs of the new city residents. 39-4 (Tigard 9/84) MEMORANDUM /a CITY OF TIGARD, OREGON r 70: Honorable Mayor,, City Council, an City Administrator �'��'� ✓ November' 23, 1987 FROM: David Lehr, Chief of Police SUBJECT: AL-S Update On November- 5, 1987, Bob Jean and I met and Joann Hoyt, Washington County EMS DirecFtor,F�E't Washington County mane issues in Washington County. to receive an update gALS p on ALS Joann r•epor'ted that the County EMS is in the process for Proposal that would call for- proposals from ambulance of developing de vcloping a Request ALS tr•anspor•t ser•v.ice as a single provider in an (ASA). Joann' s p rs vi provide intent is to define the entire Ambulance Service Arra believes that creating a single county as a single ASA. , Will result in a g ASA receiving service from a single he cost- savings to users because of reduced overhead costsvti�iea single provider, This would be Usage rates would create r, particularly nsos in West County where lower f services only in the West xtraordinary expenses for sL Count area, a provider providing based criteria fur the y The RFP would rovide Consumer proposal. Fee regulations would be based perfo n th e Price Index. The RFP criteria will based on the Transportaton only. It will not include bidding call for districts in East: Count: ar•e bids on ALS County ALS first r-e on first response. The fire essentially provide all first res onse 'F�onsr_ capable, and curr•enLl the nd fire districts ar-e successful Fin receiving in their district boundariesy aIf first response and transport will r, . g an ASA for' ALS Tr•anpsor•t:, the districts re ssentially be mergers with only the fire sponging on ALS calls. At this time no report has (Tualatin Rural, W been forthcoming from the consolidated become involved in ALS County /11, Beaverton EMS Alo transport. It is Ms, ) concerning their intent to submit a proposal Lo the County for It Hoyt's opinion that the for award of the ASA. ASA when the Count y will EMS will Further, it is Joann's opinion thatthe out its RFP push the County EMS to create two ASA's in the County — one Consolidated County and one in East County. The two ASA's the opportunity to bid on an ASA that basically would give the Consolidated EMS boundaries. y s comprised of their district The fire districts are resistant to EMS regulation. The fire districts have returned their ambulance licenses to the State to avoid EMS regulation. c i r It appears that the East County fire districts (Tualatin and WCFD #1) want to pay for ALS transport through taxes or an insurance sign—off by citizens having pre—paid insurance to pay for ALS transport. WCFD #1 wants to begin with the fee system immediately while Tualatin would phase in over five years to that system. The fire districts have told the EMS Advisory Council th:-.t they would want to start ALS transport within the existing tax base, but Tualatin said, at a district board meeting on January 28, 1987, that it would request an additional 20¢/1000 AV to provide the service. I'm not sure whether that thinking has changed since the consolidation of EM services. Joann will continue to develop an RFP and will present it to the various committees within the County EMS Division before presenting the RFP to the County commission for approval before sending it out. She believes that 18 months is about the earliest that the process will be completed -and provider(s) actually providing service. Staff recommends that the City continue to support the County EMS in this approach to providing ambulance service in the County. This approach seems both fair and cost effective. sb/1928D 1D . ab CITY OF T1:GARD, OREGON MEMORANDUM f0: Honorable Mayor- and City Council November 30, 1987 FROM: Bob Jean, City Administrator "-)//iy),/---� SUBJECT: COUNCIL CALENDAR, FY 1987-88 Attached is an updated tentative calendar for this fiscal year. Official Council meetings are marked with an asterisk (-X) . I've put question marks (?) along side those still needing Council OK. Lf generally OK, we can proceed and make specific adjustments in the Monthly Council Calendars . December 4, Fri Community Christmas -Iree Lighting, CVC, (5: 15--6 pm) X7, Mon Council Business Agenda (6:30/7:30) 12-16, Sat--Wed National League of Cities Conference (Las Vegas) X-14, Mon Council Study Agenda (6:30) 16, Wed MACC: Meetiny (1 : 30) Bec+ver•ton Library 17, Thurs Community Development Block Grant Planning Advisory Board (7:30) -- Location TUA 18, Fri Council/Board & Committees/Staff/Families Christmas Party (4:30. 6:30 pm) *21, Mon Council Business Agenda (6:30/7:30) January '88 5/6, Tues/Wed Budget. Committee/Board & Committee Budget & Finance Training X11, Mon Council Business Meeting *12/13, Tues/Wed Budget Committee Mr_eting (Supplemental Budget & Budget Guidelines) 14, Thurs CDBG Policy Advisory Group (Tigard Iu•in Hall , I:30 pm) *18, Mon Council Study Agenda (6:30) (Mout with City Center Plan Task Force) 20. Wed MACC Meeting (1:30) Beaverton Library 21, Thurs Community Development Block Grant Planning Advisory Board (7:30) - Location TBA *25, Mon Council Business Agenda (6:30/7:30) 26, Tues Boards & Committee Chairs Meeting (7:00) February '88 *1, Mon Council Business Agenda (6:30/7:30) *8, Mon Council Study Agenda (6:30) 15, Mon NO COUNCIL (President' s Day) 17, Weds MACC Meeting (1:30), Beaverton Library 18, Thurs Community Development Block Grant Planning Advisory Board (7:30) - Location TBA *22, Mon Council Business Agenda (6:30/7:30) *27, Sat Fanno Creek Conference Council Calendar - Page 1 CEO March '88 *2, Wed Budget Committee (Message and Revenues) ' *7, Mon Council Business Agenda (6:30/7:30) *9, Wed Budget Committee (Departmental Requests) *14, Mon Council Study Agenda (6:30) *16, Wed Budget Committee (Departmental Requests) MACC Meeting (1 :30) - Beaverton Library 17, Thurs Community Development Block Grant Planning Advisory Board (7:30) - Location 'TBA { *21, Mon Council Business Agenda (6:30/7:30) *23, Wed Budget Committee (Recommendation) ?30, Wed Budget Committee (Recommendation) April '88 *11, Mon Council Business Agenda (6:30/7:30) ?15-16, Fri-Sat Counril Workshop *18, Mon Coi,ncil Study Agenda (6:30) (Meet with City Center• Plan Task Force) 20, Wed MACC Meeting (1 :30) -- Beaverton L.ibr•ar•y 21, Thurs Community Development Block Grant Planning Advisory Board (7:30) -- Location IBA *25, Mon Council Business Agenda (6:30/7:30) 26, lues Volunteer Awards & Recognition May .89 t X9, Mori Council Business Agenda (6:30/7:30) *16, Mon Council Study Agenda (6:30) (Meet- with Park Board) 18, Wed MACC Meeting (1 :30) - Beaverton L.ibr•ar•y 19, Thurs Community U•�velopment Block Grant Planning Advisory Board (7:30) -- Location TBA X-23, Mon Council Business Agenda (6:30/7:30) June '88 *13, Mon Council Business Agenda (6:30/7:30) 16, Thurs Community Development Block Grant- Planning Advisory 1 Board (7:30) - Location TBA *20, Mon Council Study Agenda (6:30) 22, Wed MACC Meeting (1 :30) -• Beaverton Library *27, Mon Council Business Agenda (6:30/7:30) f July '88 4, Mon Fireworks ; *11, Mon Council Business Agenda (6:30/7:30) *18, Mon Council Study Agenda (6:30) *25, Mon Council Business Agenda (6:30/7:30) August '88 *8, Mon Council Business Agenda (6:30/7:30) *15, Mon Council Study Agenda (6:30) *22, Mon Council Business Agenda (6:30/7:30) 23-31 Neighborhood Town Halls Council Calendar - Page 2 1 September '88 1-9 Neighborhood Town Halls *12, Mon Council Business Agenda (6:30/7:30) *19, Mon Council Study Agenda (6:30) *26, Mon Council Business AGenda (6:30/7:30) October '88 *10, Mon Council Business Agenda (6:30/7: 30) *17, Mon Council Study Agenda (6:30) *24, Mon Council Business Agenda (6:30/7:30) November '88 *14, Mon Council Business Agenda (6:30/7: 30) *21, Mon Council Study Agenda (6:30) *28, Mon Council Business Agenda (6:30/7: 30) December '88 X5, Mon Council Business Agenda (6:30/7: 30) x12, Mon Council Study Agenda (6:30) X19, Mori Council. Business Agenda (6:30/7: 30) mh0028a �4 fi �t k 1 EF tx[ S t t {[Y f Council Calendar — Page 3 MEMORANDUM 0 CITY OF TIGARD, OREGON 't i T0: Honorable Mayor and City Council December 4, 1987 FROM: Wayne Lowry, Finance Director SUBJECT: General Fund Contingency The following indicates the effect of contingency appropriation requests on General Fund Contingency to be considered by the City Council. on December 7, 1987. General Fund Operating Contingency 12/1/87 $ 16,007 s 5 Year Plan Reserve _110001000 ; Total Contingency @ 12/1/87 $1,016,007 i Planner Position (14,951) 'r Personnel Position 10 830 y i Total Contingency if Approved t t Note: The proposed Supplemental Budget to be considered by the Budget Committee in January 1988 will result in the following estimated C contingency balances: General Operating Contingency $ 120,000 � 5 Year Plan Reserve 1,000,000 t Total 9 ,1-252.QQ4 c sb/2130D Q jt r 1 i i r r CITY OF TI•GARD OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF: December 7, 1987 DATE SUBMITI"ED: November 24, 1987 ISSUE/AGENDA TITLE: Associate Planner PREVIOUS ACTION: None PREPARED BY: _ Elizabeht Newton DEPT HEAD OK CITY ADMIN OK REQUESTED BY: OLICY ISSUE Should the City Council approve the position of Associate Planner and adopt a resolution to provide funding? INFORMATION SUMMARY In order to complete 87-88 Council Goals, respond to the type of development occurring the City, review and amend the Development Code and be in a position to undertake the Bull Mountain Area Planning Study, the Planning Division would like to redistribute workloads as outlined in the attached memo. Funding of an additional position will allow the redistribution of workload to enable staff to meet guidelines set by Council, City Administrator and the Community Development Director for project completion. This position is also included in the 5 year plan approved by the Budget Committee. ALTERNATIVES CONSIDERED 1. Approve the position requested and adopt a resolution to provide funding. 2. Deny the request. FISCAL IMPACT a Salary and benefits 13,817 Recruitment and hiring costs 80 Materials and Supplies 1,000 14,951 SUGGESTED ACTION Adopt the attached resolution approving funding for the requested position. cs/2025D MEMORANDUM CITY OF TIGARD, OREGON �F. TO: City CouncilNovember 30, 1987 ' FROM: Keith Liden �W�Y-A Lir Newton 14 L' ) SUBJECT: Request. for Authorization for, Planner Position, During FY 1987-•88 the City Council expects to complete several goals which will involve the Community Development staff. Toward that end the Planning Division was divided into two sections in October 1986, and .in January 1987 an additional Assistant Planner position was filled. The two sections, Current Planning and Planning Projects are each managed by a Senior Planner and each staffed with two Assistant Planners and one clerical support person. The Currant Planning staff is responsible for processing all development applications, reviewing and amending the Dovelopmont Coda, monitoring the planning aspects of the development process arid implementing the City' s sign ordinances including sign permit issuance and enforcement. Development activity in terms of the number of applications has not increased dr<amaticially i/ over, FY 86-87, however, the type of application being reviewed ar•e more involved in terms of review required. Examples aro the Trammell Crow Lincoln Center IV, Dover Landing, an 84 lot subdivision, and Wostbrooke, a 166 unit apartment complex. Developments of this sire require more staff time to review the applications, more staff time for field visits and more staff time for follow-up to ensure that conditions of development are met. In addition, the City Hall is now open 9:00 - 5:00 weekdays and a Planner must be available for phone calls and counter traffic during these hours. The Sign Code amortization project involves one full time Planner through April , 1988. Depending on the number of contested eases, the planner may need to devote a large amount of time to file preparation for- hearings officer- sessions. . An additional Planner could assist- the Planning Division with Development Code review and revisions, monitoring the development process, counter and phone contacts and application review during peak times. The Planning Projects staff is responsible for development of the City Center Action Plan, development of a targeted Economic Development Action Plan, participation with Community Services in annexation processing, data collection and distribution, the Tigard Triangle Plan, monitoring the Comprehensive Plan, Comprehensive Plan Periodic Review, Business Tax implementation and any special projects such as the Street Lighting Policy project or grant preparation. C t i i Support to the City Center Task Force and data collection and distribution involves one staff person full time. The Economic Development Action Plan will involve .5 FTE. Periodic Review will involve one staff person full time after the first of the year. The Tigard Triangle Plan will also require one FTE after the first of the year. An additional Planner could assist the Planning Projects staff- with special projects, annexations and grant preparation in addition to taking on the Triangle Plan or Periodic Review. In addition, the Planning Division computer software should be operational in December. The nning staff will have to 1,repare information contained in files for input —',o Lhe computer and may also do the input. This is another area where additional assistance is needed. Upon completion of some of the 87-88 goals, with the addition of a Planner, the Planning staff- should be in a position to respond to development activity in a timely manner, undertake regular- reviews of the Development Code, provide Economic Development data and information and undertake future projects such as the Bull Mountain Planning Area Study. c s/2000D i t t 3 s t 'r i 1 i t i i 'r r l 4.3 ORGANIZATION 6 STAFFING DETAIL 15 CD 13►7M m ► .a•W)•M 341wo lIlaA7 v ► .a(wr r�IM, at Is s P4.3MM 34.5w 4 • ol�.ce•e a•.s..e .5 Is I • tlsoetae ldn s K/M ! � Is1) • MAX • /CNC • n to e MIT SI It 20.73 70.5 Pam aeras ocosardla I♦MItDDIa amAt�� RUMA cera aa� erasers aoaaora 3 I 7 • OL I I • ri • n • as • nt • nr • CA • w 7 s.s a.s s 7 7 s s.s Ls �m aser® IMO ssor �a m tuaamMM Moo m hater 2= •ti aara ns0 • wry• • a=(I) • cc • as • m • p • a • auto • ■m • a • m • a : AI to o s 1 , • ►I/u : a a W :ai u(u : a its) • IID • SID • ►I • ISA • aII(1) • am(Il • aA • Dw UVK • Sn • nn natant(u a U) : ca • r(1) • c I • a I W. • cn • s s tI s) • sNar : p) : w iu • ►R • a • ►h In • ch 33 • ni/sl� e cc • nI • ►1(1.751 • OC In • sn • atm/s) • ►A/s) o SA • SI • ni •�sl • FIM(A) 1 i i - -36- J-4 CITY OF TIGARD, OREGON Tabled to 12/7/87 COUNCIL AGENDA ITEM SUMMARY AGENDA OF: DATE SUBMITTED: November 13, 1987 � ISSUE/AGENDA 'TITLE: Personnel PREVIOUS ACTION: Assistant Position PREPARED BY: Janice Deardorff DEPT 41EAD OKCI K t, TY ADMIN OREQUESTED BY: - T .............. ................................ ....................... 0 0 LICY ISSUE The position of Personnel Assistant was riot included in the 1987--88 Adopted Budget. in order to fill such a position, Council approval is needed. In addition, Council must direct by resolution that contingency be appropriated to fund the position. INFORMATION.-SUMMARY Over- the past Year', several changes have occurred and more are planned which affect the support staffing needs in the Community Services Department. The Department of Community Services was formed and is now a functioning unit. At the time of its formation, staff'aff support needs were estimated, however, since there was no procedoriL theset-jore estimate.,!, only. The special projects/assistant city administrator function is t3rowing as the Community Services Director becomes more r�kjjjijj,,Ar, with -rigard procosses and issues . Increased support in this area is needed in order to support on-going processes, research, and to assume the employee support. functions which are soon to come over from the City Administrator' s office. Community involvement it; becoming more defined and will require increased support in order to carry out the work program. The new personnel manager it; now on board with a long list of things to do. Increased support is needed in order to assist in that effort. To date, the department executive secretary has beon providing support in all. the above areas, however, it is no longer- possible for one person to handle this growing responsibility. We are recommending the hiring of a personnel assistant in order to strengthen our capability in this area and to separate these personnel functions from the department and administrative support handled by the department executive secretary. This position will be a confidential position with a salary range of $15,263-$20,352 a year. The position would be filled by January 1, 1988. Salary and Benefits: $10,750 Recruitment and Hiring costs: 80 $10,830 ALTERNATIVES CONSIDERED 1. Approve the position requested and adopt resolution to provide funding. 2. Disapprove the position. FISCAL IMPACT 1. General Fund Contingency will be reduced by $10,830 and appropriation in the Community Services Department increased by $10,830. SUGGESTED ACTION 1 . Staff recommends approval of the position. 1582p PERSONNEL. ASSISTANT GENERAL STATEMENT OF DUTIES: Performs technical assignments and adminis— trative duties in the areas of recruitment and selection, position classi-- fication and pay, employee relations and benefit administration. Collects data, conducts surveys, prepares reports and recommends appropriate course of action. Many duties involve the performance of par•apr•ofessional and technical tasks pertaining to confidential information. Incumbent provides direct liaison and personnel support to all City departments. SUPERVISION RECEIVED: Works under the direction of a division manager. Work is reviewed for conformance with policy and results obtained. SUPERVISION EXERCISED: May exercise supervision over- clerical or- assigned personnel. EXAMPLES OF PRINCIPLE DUTIES: 1. Plans and carries out recruitment, activities including job announcements, brochure development-, and effective advertising strategies . Arranges for and a,,isembles all specialized examination materials. Organizes selection process. Maintains recruitnuont• and selecLion statistics. Responsible for rec.,r•d retention in accordance with State l +w. 2. Conducts special research pr•ojeacts compiling, Labulating arid analyzing data. Prepares findings and makes recommendations orally and in writing. Conducts salary surveys and provides salary and classification information with other jurisdictions. 3. Advises City personnel on per•sonnol rules, regulations and employee benefits. Provides necessary documents for processing personnel actions and employee benefits. Prepares benefits information for dissemination to employees. Works directly with insurance carriers to administer City benefits. Conducts new employee orientation. Maintains records arid monitors processing of for-ins in compliance with City policies and, Stater and Federal laws. 4. Assists and acts in a confidential capacity to the Personnel Manager and staff in the area of collective bargaining and grievance administration. Collects supplemental information for• labor negotiations and makes recommendations based on findings. 5. Under direction, maintains the City's class specification and compensation plans. Compiles information for classification changes and revisions. Distributes classification specifications and compensation plans as requested. 6. Works closely with Payroll to monitor sick leave, absence, and other necessary records. Records all classification changes and initiates payroll changes as necessary. Inputs data on computer terminal. 7. Monitors all worker's compensation claims for on—the—job injuries. Gathers additional data as necessary in processing claims. Works directly with Worker's Compensation carrier to insure timeliness and resolution to l claims. 8. Assists in departmental budget preparation and maintenance. Page 2 Personnel Assistant A DESIRABLE QUALIFICATIONS: Knowledge of: Public personnel administration, methods and procedures including recruitment and selection, position classification, salary administration, and benefits administration. Ability to: Communicate in both oral and written form, maintain specialized records and prepare reports; use good independent judgment in making decisions and maintaining confidentiality of information; work effectively in stressful situations meeting required timelines, comprehend and interpret pertinent laws, rules and regulations; collect data, compile statistics, and narrative information; explain complicated information in common terms, organize and maintain personnel files and records; comprehend and accurately utilize complex forms, documents, letters and technical language. Skill in: Operation of standard office machines arid computer/word processing equipment. EXPERIENCE AND TRAINING: High school graduation or GED and any satisfactory combination of experience and training i:hat would demonstrate possession of the required knowledge and skills. 1562p f �. L! CITY OF TIGARD, OREGON MEMORANDUM XW Cit f0: Honorable Mayor and y Council December 2, 1987 FROM: Bob Jean, City Administrato SUBJECT: PERSONNEL SPECIALIST ASSISTANT Last week Council tabled authorization of the Personnel Assistant position so additional information could be presented about the position. The Personnel Assistant is a para-professional, technical specialist, clerical support position to the City' s personnel function. The Community Services No= cum Department Executive Secretary currently spends over half her gime on Personnel, and one of the department's Office Assistants is split part--time between Personnel and Word Processing. The Personnel Assistant position would consolidate these split assignments into one Specialist position. The Executive Secretary' s Lme would then be reprogrammed into the community involvement area per the Council's Action Plan. The Office Assistant would expand her time into the Word Processing area and its growing workload. The Personnel Specialist Assistant. position is provided fur in the 5-Year Financial Plan reviewed by the Budget Committee. Surae ��nfusion may also exist over the division of assignments in the Personnel area. The Community Services Director is responsible for management of Finance and Accounting, Support Services (Records, Court, Recorder, Word Processing and Office Services), Community Involvement and Personnel. The Director has begun expanding her time in the community involvement area and needs a full-time Executive Secretary. While the Director is responsible for directing the Personnel function, the day-to-day management of Personnel administration is the Personnel Manager's responsibility. The Personnel Assistant is, then, the clerical and para-professional support to Personnel, after shifting the Executive Secretary' s time back to the Director. This is similar- to the Community Development Director who is responsible for Planning, bu who hUs two Senior Planners to manage the day--to--day work, each of whom are supported by their own :staff. RECOMMENDATION: Authorize the Personnel Assistant position for the 5-Year i Financial Plan. BJ:mh2074D i i i 4.3 (RGANIZAnON & STAFFIIM DETAIL as cs lsii/a7 �/� 7.5 9 'J.23 3.23 o Direcxor o Kc•eber l.ri) • moee.see. • Ant.0lt. • ilea.sea. (.751 o Poco.Spee. (.5 • ova.sae. (.3) Mrim a aans�s toaoozernlc taaoaa»1s 1.75 L I: 1 1.5 • rim.D(r. . CF4" o ria.W. (,n) • D01 • cmp pt rya.1qr. 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