City Council Packet - 06/11/1990
CITY OF TIGARD
OREGON
F CITY COUNCIL
S MEETING
'1990 5:34 PM A G E N D A
CIVIC'CENTER
W HALL BLVD
OREGON 97223 PUBLIC NOTICE: Anyone wishing to speak on an agenda item
should sign on the appropriate sign-up sheet(s). If no sheet is
available, ask to be recognized by the Mayor at the beginning of
that agenda item. Visitor's Agenda items are asked to be two
minutes or less. Longer matters can be set for a future Agenda
by contacting either the Mayor or the City Administrator.
• STUDY SESSION (5:30 p.m.)
Discussion on Park Proposal - Bond Park Residents (5:30 p.m.)
Hearings Officer Discussion (6:15 p.m.)
1. BUSINESS MEETING (7:30 p.m.)
1.1 Call to Order - Tigard City Council and Local Contract Review Board
1.2 Roll Call
1.3 Pledge of Allegiance
1.4 Call to Council and Staff for Non-Agenda Items
. 2. VISITOR'S AGENDA (Two Minutes or Less, Please)
3. 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:
3.1 Approve Council Minutes: May 14 and 21, 1990
3.2 Receive and File:
a. Council Calendar
b. May 15, 1990 Certified Election Results
3.3 Approve Surface Water Management Agreement with Unified Sewerage Agency and
Authorize Mayor and City Recorder to Sign
3.4 Local Contract Review Board: Award Bid for Street Improvement Projects:
a. S.W. Durham Road
b. S.W. 121st Avenue
3.5 Approve Judge's Contracts: Anthony Pelay, Jr., Senior Judge; Bruce A. Liebowitz, Pro-
tern Judge; Michael J. Obrien, Pro-tern Judge; Res. Nos. 90-1, 90- 90-==L
3.6 Approve Resolution to Set Final Public Hearing for PacTrust Local Improvement District -
Resolution No. 90."'*)
.
3.7 Approve 1990-91 Streets Capital Improvement Project Recommendations - Resolution
No. 90-_
3.8 Approve Police Records Computerization & Authorize Purchase of Necessary Software
3.9 Approve Merestone Subdivision Greenway Conveyance - Resolution No. 90
3.10 Approve Building Code Services Agreement - King City - Resolution No. 90-~° .
COUNCIL AGENDA -JUNE 11, 1990 -PAGE 1
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4. PUBLIC HEARING - BELLWOOD - MORNING HILL GREENWAY CONVEYANCE
(KATHERINE STREET WETLANDS)
The City of Tigard proposes to sell Tract "E", BELLWOOD NO. 3, Washington County
Assessor's Map 2S1 4AA AND Tract "AA" , MORNING HILL NO. 6, Washington County
Assessor's Map 2S1 4AB. Both parcels are within the NE 1 /4 of Section 4, T2S, R1 W, City of
Tigard, Washington County, Oregon. The properties shall be transferred with a deed restriction
that they be maintained as wetlands and open space in perpetuity. These parcels are
proposed to be sold to one party and not divided. Property of value to the City for park or
open space land in other locations will be suitable compensation for the sale of these
properties. All bids or exchange proposals must be submitted to the City at or before the City
Council hearing to consider this matter at 7:30 PM on June 11, 1990 in the Town Hall located;
at 13125 SW Hall Blvd. Tigard, OR 97223.
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 r
o Public Hearing Closed
o Consideration by Council: Resolution No. 90-?,5
5. ORDINANCE CONSIDERATION - REPEAL ORDINANCE NO. 90-07 - PRESIDENTS
PARKWAY DEVELOPMENT PLAN -ORDINANCE NO. go-
0 Community Development Staff E
s
6. ORDINANCE CONSIDERATION -ADVANCE FINANCING (LATECOMER'S) -ORDINANCE
NO. 90 =
7. NON-AGENDA ITEMS: From Council and Staff
8. 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, current and pending litigation issues.
9. ADJOURNMENT
r
COUNCIL AGENDA -JUNE 11, 1990 -PAGE 2
3, I
_ T I G A R D C I T Y C O U N C I L
MEETING MINUTES - JUNE 11, 1990 - 6:30 PM
1. ROLL CALL: Present: Mayor Jerry Edwards; Councilors:
Carolyn Eadon, Valerie Johnson, Joe Kasten, and John Schwartz.
Staff Present: Patrick Reilly, City Administrator; Keith
Liden, Senior Planner; Ed Murphy, Community Development
Director; Liz Newton, Community Relations Coordinator; Tim
Ramis, City Attorney; Catherine Wheatley, City Recorder; and
Randy Wooley, City Engineer.
2. STUDY SESSION
Discussion on Park Proposal
Council heard from residents in and around the "Gage" Park
neighborhood concerning a possible small park for the area.
Community Development Director summarized events to date on
this issue which included the initiation of an interest
petition by neighbors; Park Board discussion and indication
of support; preliminary council discussion; and staff research
into the feasibility of a Local Improvement District (LID)
formation.
With regard to LID formation, the Community Development
Director referred to an outline of the LID process. He noted
that the proposal was still very preliminary in nature.
After discussion with spokespersons, both for and against the
park, and review with staff of possible alternatives, Council
consensus was to refer this proposal to NPO #6 for review to
determine if there was sufficient interest and support for the
park.
Other thoughts presented during discussion included:
• Timing may not be right this area consists of several
developing subdivisions; future homeowners, who would not
have an opportunity to voice their opinion, may object
to an LID encumbrance.
• Two differing visions as to what kind of park is needed
have been voiced
1) "Passive," i.e., soft trails, natural vegetation,
limited improvements.
( 2) "Active," i.e., playground equipment and amenities.
1
CITY COUNCIL MEETING MINUTES - JUNE 11, 1990 - PAGE 1
• Is another Park really needed it was noted that Durham
Elementary School has an excellent, expanding playground
area. It was suggested that the neighbors ray be better
served by resolution of safe passage across Durham Road
(i.e., pedestrian bridge).
• Concern that this park would be "unsuccessful" Jack
Park has not functioned well because it is surrounded by
homes and gives people the feeling they are intruding in
someone's backyard. Councilor Eadon suggested that if
no street-visible access to the park is provided, then
the neighbors should look at the feasibility of forming
a homeowners' association for purchase and maintenance
of this park.
Councilor Eadon advised she has visited the area several
times and observed the developments are high density; she
could foresee the desirability of providing some open
space for children in the area.
Hearings Officer Discussion
Council was introduced to the top Hearings Officer candidate,
Mr. Larry Epstein. Mr. Epstein answered questions from
council concerning his philosophy and practice when arriving
at land use decisions and Code interpretations.
Mr. Epstein, an attorney, has considerable experience as a
land use hearings officer and also has an extensive planning
background.
Computerized Police Records System
Chief of Police discussed the request to computerize the
Police records as submitted on the Consent Agenda.
He advised that because they have no computerized records
system, the Department is unable to keep all the records it
should and those files that they do maintain are done
manually. This results in not having information available
to the Department or public, and those files which are
available are extremely time-intensive, difficult to access
and incomplete.
Chief described the Computer Committee's research in selecting
software for a networking computer system. The end result was
for the recommendation of software provided by the Institute
of Police Technology at the University of Florida. Total cost
of the system is $23,000 which would add the software to the
existing 24 terminals within the Department. It would also
provide ten days of off-site training and installation by two
CITY COUNCIL MEETING MINUTES - JUNE 11, 1990 - PAGE 2
professional trainers and would allow unlimited telephone
support for one year after the sale.
3. VISITOR'S AGENDA
Pat and Susie Mulligan presented to the Mayor a $1,000 check
for use at the Tigard Senior Center. The funds were part of
the proceeds from the St. Anthony's Auction. Mayor thanked
Mr. and Mrs. Mulligan for the contribution and commended them
for their hard work in making the auction such a successful
event.
4. CONSENT AGENDA:
4.1 Approve Council Minutes: May 14 and 21, 1990
4.2 Receive and File:
a. Council Calendar
b. May 15, 1990 Certified Election Results
4.3 SET OVER - Approve Surface Water Management Agreement
with Unified Sewerage Agency and Authorize Mayor and City
Recorder to Sign
4.4 Local Contract Review Board: Award Bid for Street
Improvement Projects:
a. S.W. Durham Road
b. S.W. 121st Avenue
4.5 Approve Judge's Contracts: Anthony Pelay, Jr., Senior
Judge; Bruce A. Liebowitz, Pro-tem Judge; Michael J.
Obrien, Pro-tem Judge; Res. Nos. 90-29, 90-30, 90-31
4.6 Approve Resolution to Set Final Public Hearing for
PacTrust Local Improvement District -Resolution No. 90-
32
4.7 Approve 1990-91 Streets Capital Improvement Project
Recommendations
4.8 Approve Police Records Computerization & Authorize
Purchase of Necessary Software
4.9 Approve Merestone Subdivision Greenway Conveyance-Res.
No. 90-33
4.10 Approve Building Code Services Agreement - King City-Res.
No. 90-34
Motion by Councilor Eadon, seconded by Councilor Kasten, to
approve the Consent Agenda with the exception of Item .3 which
was set over to the June 18, 1990, Council meeting.
The motion was approved by a unanimous vote of Council
present.
City Engineer reported on Consent Agenda .4, Award of Bid on
the S.W. Durham Road and S.W. 121st Avenue Improvement. He
advised that both projects were bid below the engineer's
estimate and work would begin later this month. Several
l CITY COUNCIL MEETING MINUTES - JUNE 11, 1990 - PAGE 3
neighborhood meetings will be held concerning the S.W. Durham
Road Project for dissemination of information to avoid as much
disruption to the residents as possible.
5. PUBLIC HEARING - BELLWOOD - MORNING HILL GREENWAY CONVEYANCE
(KATHERINE STREET WETLANDS)
The City of Tigard proposes to sell Tract "E", BELLWOOD NO.
3, Washington County Assessor's Map 2S1 4AA AND Tract "AA" ,
MORNING HILL NO. 6, Washington County Assessor's Map 2S1 4AB.
Both parcels are within the NE 1/4 of Section 4, T2S, R1W,
City of Tigard, Washington County, Oregon. The properties
shall be transferred with a deed restriction that they be
maintained as wetlands and open space in perpetuity. These
parcels are proposed to be sold to one party and not divided.
Property of value to the City for park or open space land in
other locations will be suitable compensation for the sale of
these properties. All bids or exchange proposals must be
submitted to the City at or before the city council hearing
to consider this matter at 7:30 PM on June 11, 1990 in the
Town Hall located at 13125 SW Hall Blvd-. Tigard, OR 97223.
a. Public Hearing was opened.
b. There were no declarations or challenges.
C. Senior Planner Liden summarized this agenda item.
or Wetlands Conservancy has proposed the exchange of a
floodplain parcel on Fanno Creek near Grant Street for
the two tracts noted in the paragraph above. The
Wetlands Conservancy would then manage the three
contiguous parcels as wetland habitat. The Grant Street
parcel represents a necessary component of the Fanno
Creek Greenway which is contemplated in both the City
Comprehensive Plan and the Park Plan. This parcel would
allow the eventual construction of a pedestrian/bicycle
path along the creek.
d. Mr. John Broome, The Wetlands Conservancy, P. O. Box
1195, Tualatin, OR 97062 testified in support of this
proposed land exchange. He advised they would manage the
land as a wildlife refuge and provide trails, nest boxes,
and plant shrubbery. He advised the property would
remain open to the general public.
e. Public Hearing was closed.
f. RESOLUTION NO. 90-35 A RESOLUTION CONCERNING THE
CONVEYANCE OF TRACT "AA" OF MORNING HILL SUBDIVISION AND
TRACT "E" OF BELLWOOD NO. 3 SUBDIVISION IN THE CITY OF
TIGARD, WASHINGTON COUNTY, OREGON TO THE WETLANDS
CONSERVANCY.
CITY COUNCIL MEETING MINUTES - JUNE 11, 1990 - PAGE 4
g. Motion by Councilor Johnson, seconded by Councilor Eadon,
to approve Resolution No. 90-35 with the provision that
the Bargain and Salta Deed conveying the property to the
Wetlands Conservancy stipulates that public access to the
property shall be ma.ntained.
The motion was approved by a unanimous vote of Council
present.
h. Staff will submit the Bargain and Sale Deed to the
Council for their review.
6. REPEAL OF ORDINANCE NO. 90-07 - PRESIDENTS PARKWAY DEVELOPMENT
a. Mayor called for a reading of the proposed ordinance.
b. ORDINANCE NO. 90-19 AN ORDINANCE REPEALING PRESIDENTS
PARKWAY DEVELOPMENT PLAN, ORDINANCE NO. 90-07
C. Motion by Councilor Eadon, seconded by Councilor Kasten,
to adopt ordinance No. 90-19.
The motion was approved by a unanimous vote of Council
present.
7. ORDINANCE CONSIDERATION - ADVANCE FINANCING (LATECOMER'S)
ORDINANCE NO. 90-
a. Mayor announced this agenda item would be set over to the
June 25, 1990 City Council meeting.
8. EXECUTIVE SESSION: The Tigard City Council went into
Executive Session at 8:00 p.m. under the provisions of ORS
192.660 (1) (d), (e), & (h) to discuss labor relations, real
property transactions, current and pending litigation issues.
9. ADJOURNMENT: 9:15 p.m.
~~1-~2vk~ Lv
Catherine Wheatley, City R order
ATT T1
,,"Gera . /Edwards, Mayor
Date:
ccm611
CITY COUNCIL MEETING MINUTES - JUNE 11, 1990 - PAGE 5
i
C' X3,4
TIMES PUBLISHING COMPANY Legal 7596
P.O. BOX 370 PHONE (503) 684.0360 Notice
BEAVERTON, OREGON 97075
Legal Notice Advertising
• ❑ Tearsheet Notice
• City of Tigard
PO Box 23397 • ❑ Duplicate Affidavit
• Tigard, Or 97223
•
I
gttblisl>@d for yonr ~nfomon.
AFFIDAVIT OF PUBLICATION The followuig`sclected agenda rtems,are~ fmm the ,City"
Further, infonnanon and full . agendas, may :gg orby call- .
STATE OF OREGON, ) ss Recorder;' 13125 S W~~' Tim'. '
COUNTY OF WASHINGTON,) mg 639-4171. C1TY -~UN~ Busm'§S MEETING
I Judith Koehler
being first duly sworn, depose and say that I am the Advertising 1990.- 5 3QPM, BUSINESS IyEETII`lG T 30PM
JUNE 11, TGWNHAIJ.
aard 7}mP~ TIGARDCMC~
Director, or his principal clerk, of the Ti , 13125 SW HALL BOULEVARDSTIGARD, QREGON,
a newspaper of general circulation a defined in ORS i9 nOhe
and 193.020; published a+ T1 Qdr • .Study Agenda.
- Discussion Neighborhood Park<.(Bond Pads)
S
aforesaid county and state; that the
O • ~yedq pr°pecty ale
,public HeBnr►>;~ ~e S
of FresidentsParkway ` > >
a printed copy of which is hereto annexed, was published in the . OrdinanceConside0oh :1 Repeal
and Development 2 AdvanceFianai►cing rtau0na id
entire issue of said newspaper for One successive ~Caitractgeview,Board. BidAwardfor'Itanspo Loc
consecutive in the following issues: PmjeCtS :1 S.W. 121siAvenue x
2 S W;;Durham;Road
• . Executive Session under. the provismns 0ORS 192,tifi0. (1) td3• (e)•'
MCI (hj to discusslabor relations,`reat property transactions, and
' CwTent'& pendm$ hngauon assues. ~ t ~ ~ s,
TV546 Publish June T,1990° s;,
l+~
Subscribed and swor to before me this 990
Notary Public for Oregon
6/9/93
my commission Expires:
AFFIDAVIT
CITY OF TIGARD, ORDSON
AFFIDAVIT OF POSTING
In the Matter of the Proposed
1~rc~`nc~ ~e No. qy - ~ 9
STATE OF ORDGON )
County of Washington ) ss
City of Tigard )
i
begin first duly sworn, on
oath, depose say:
That I posted in a following public and conspicuous places, a copy of
Ordinance Number (s) D - / g
which were adopted at the Council Meeting dated C7
copy(s) of said ordinance(s) be' hereto attached and by reference made a part
hereof, on the _J Z4 date of V.-LUYV- 1990.
1. Tigard Civic Center, 13125 SW Hall Blvd., Tigard, Oregon
2. US National`Bank, Corner of Main and Scoffins, Tigard, Oregon
3. Safeway Store, Tigard Plaza, SW Hall Blvd., Tigard, Oregon
4. Albertson's Store, Corner of Pacific Hwy. ( State Hwy. 99) and
SW Durham Road, Tigard, Oregon
Subscribed and sworn to before me this date of 'C', j AA 0 19916).
71
Notary Public for Oregon
My Commission Expires: 9
r
Crri OF TIGARD, OREGON
' ORDINANCE NO. 90
AN ORDINANCE REPEAT IM PRESIDENTS PAE1MY DEVEUJPMWr PLAN, ORDINANCE NO.
90-07
WHEREAS, on March 12, 1990 the City Council adopted Ordinance No. 90-07 which
approved the President's Parkway Development Plan.
WfEREAS, on March 12 the City Council adopted Resolution No. 90-14 which called
for a special election on whether or not the President's Parkway Development
Plan should be approved; and
WfEQ2EA.S, on May 15th, 1990 voters within the City of Tigard voted not to
approve the Presidents Parkway Development Plan; and
WHEREAS, it would be in the public interest to naw repeal the President's
Parkway Development Plan to avoid any confusion as to its' status;
NOW, THEREFORE, THE CITY COUNCIL ORDAINS AS FOLLOWS:
SECTION 1: the Presidents Parkway Development Plan, adopted by Ordinance No.
90-07 is hereby repealed.
SECTION 2: The City Council directs the City Recorder to record a copy of this
ordinance along with an "Affidavit of Extinguishment" describing the boundaries
of the Presidents Parkway Development Plan with the recording officer of
Washington County.
This ordinance shall be effective 30 days after its passage by the Council,
approval by the Mayor, and posting by the City Recorder.
PASSED: By 1'll(V ~ % rY) D ~5 vote of all Council members present ter
being read by number and title only, this 11th day of
1990.
Xez~~ (moo
Catherine Wheatley, City Record
APPROVED: This l _ day of , 0. ,
CJ,
Geral , Mayor
Approved as to form:
NO
Attorney Date
ORDINANCE No. 90-
~
Page 1
AGENDA ITEM N 2 - VISITOR'S AGENDA DATE 6/11/90
(Limited to 2 minutes or less, please)
Please sign on the appropriate sheet for listed agenda items. The Council
wishes to hear from you on other issues not on the agenda, but asks that you
first try to resolve your concerns through staff. Please contact the City
Administrator prior to the start of the meeting. Thank you.
NAME 6 ADDRESS TOPIC STAFF CONTACTED
1 PLEASE. PELM _
t7 41
J
t
DATE 6/11/90
LT I wish to testify before the Tigard City Council on
the following item: (Please print the information)
PERSONS WILL BE ALLOWED 10 MINUTES FOR PRESENTATIONS.
Item Description: PUBLIC HEARING - BELLN000 -
. MOPIU G HILL GREEDY CXXiYEYANCE (RAC STREET
kTTLAND►S )
Proponent (For Issue) Opponent (Against Issue)
Name, Address and Affiliation Name, Address and Affiliation
PLEASE
~"vala'Ei~,ol~~ ~?DGo2
54-
JUN Se55~ uvL
to f ~t l4a
t
JUN I
COMMUNITY DEVEL MENT
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City of Tigard
City Administrator
June 11, 1990
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Dear Sir, f
6
I am submitting originals of our week-end efforts to
explain the proposed purchase of the Gage Park area to our
neighbors and obtain their opinions. We have polled only
Thurston and Kenton Streets, and will proceed with Ashford if f
necessary. I am personally aware of residents on Ashford who are
opposed to this idea. !
Since we have not formed a formal committee, the views
I express are mine alone.
When we were asked to sign an "interest " petition, it
was explained that in no way would this be taken as support for
the idea. I feel as though the petition was misleading.
Since the formation of an LID is a democratic process,
I suggest the committee working with the city include residents
from each of the areas in the proposed LID.
It is alarming to me that an LID is being considered,
when only four homes are currently occupied in the Titan
subdivision, and Ashford Oakes is only approximately two-thirds
completed. How can we possibly consider homes as participating
when they're not built yet?
Many of us with children in Durham Elementary School
have contributed this year toward the purchase of playground
equipment for the school. With the addition of walking trails and
a light at Hall and Durham and the park-like grounds of the USA
Sewer areas, I question the need for an additional park. We are
very close to Tigard Swim Center, tennis courts at Tigard High
School, and Cook Park also.
Finally, I do understand the LID process and realize
the city, in good faith, is in the very early stages of the
process. Since this is a new community however, with residents
coming from several areas, many of the residents have yet to
learn of the process.
Thank you for your time,
Sue Seibold
15374 SW Thurston Lane
tt • The Times • M- of June 7 -13 1990 i P
A~ age 3A
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By DONNA SCHMIDT the proposed park and the afety of residents, and espe-
' Of the Times ciall5 unattended children, in the park.
' At the business meeting the council will consider
n i, t TIGARD - Forming a new park on the city's trading a one-acre parcel of wetlands just off of South-
~fr' A; x`:• y• •~y s': southeast side.
' west Katherine Street for another section of land off of
will be the topic of discussion in a City
Council study session at 5:30 p.m. Monday. Southwest Grant Street near St. Anthony's Church.
stud session If the council agrees to the land trade, the wetlands
' y precedes the council's regular t tract near the Morninghill and Bellwood subdivisions
meeting at 7:30, Tigard Civic Center, 13125 S.W. Hall
Boulevard. would be turned over to the Wetlands Conservancy or-
•i`';".:;; In April, residents of the Bond Park subdivision ganisation. Conditions of the agreement stipulate that
w''''`" the parcel must remain a wetlands and be maintained
rt'a'F`= near an southwetam
Road r by the regional group indefinitely. • .
i . urchassng a treed four-acre tract in the
rk z, area_and turning'it into a passive par , esi errs b~ Liz Newton; community services director, said the
said they would be willin g to purchase the
city would use the section of land off of Grant Street to
parcel by formm a locaimprovement distnct continue its bicycle path in the Fanno Creek8'~nwaY•
> ' :1_ Ress ents sat they would dedicate the park to the Also on the agenda is a public hearing to repeal the
_,,.city if the city would pick sip the maintenance tab: 'city's Presidents Parkway urban renewal 'ordinance.
The council plans to continue its review of the The council adopted the ordinance March' 12 to cir-
;w.,.r~~=:4.,. sal •e
Po r
specially the cost of maintaining the park cumvent a 30-day delay in the first stage of maste
city -liability for:park'-activity. The council had . planning if voters approved. But voters rejected the
voiced some concerns about the secluded location of redevelopment proposal in the Metzger area.';; rr; r;
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City of Tigard rJ d OV
Ref: Gage Park 2/~1 T-S co
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The Oregonian indicated a lot of the people living in the Ashford
area signed a petition that indicated we should build Gage Park.
This is not true. We signed a petition that said we should look
to see if a park should be built, and under what conditions. We
did not sign anything saying we wanted a park.
Now that some information is available on this issue, we are
wanting you to know that we oppose the park and will not be
voting for it.
Police protection, insurance, maintenance, and cost to each home
owner are only some of the problems that have not been addressed.
We would like the City of Tigard to put this issue behind them by
refusing any further hearings. We are not for it and will fight
any further attempts by anyone to pursue the matter.
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CITY OF TIGARD
Ref: Gage Faro:
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f;.
The Oregonian came out with a statement that a lot of people
living in the Ashford area signed a petition saying they wanted
to build Gage Park. This is not true. We signed a petition r
that said we should lock to see if a park should be built, and
under what conditions. We did not sign anything saying we wanted
the park.
Now that some information is available on this issue, we the
undersigned want you to know we oppose the park and will not be
voting for it under any condition.
~j Police protection, insurance, maintenance, and cost to each home
Jv owner are only some of the problems that have not been addressed.
We would like the City of Tigard to put this issue behind them by
refusing any further hearings. We are not for it and will fight
any further attempts by anyone to pursue the matter.
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CITY OF TIGARD
Ref: Gage Park
The Oregonian came out with a statement that a lot of people
living in the Ashford area signed a petition saying they wanted
to build Gage Park. This is not true. We signed a petition
that said we should 1i--tok to see if a park should be built, and
under what conditions. We did not sign anything saying we wanted
the park.
Now that some information is available on this issue, we the
undersigned want you to knew we appose the park and will not be
voting for it under any condition.
Polit=e protec=tion, insurance, maintenance, and cast to each home
owner are only some of the problems that have not been addressed.
We would like the City of Tigard to put this issue behind them by
IL refusing any further hearings. We are not for it and will fight
ttempts by anyone to pursue the matter.
an fort Lra
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97zz~
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15244 'SW KLN T o r~ 'DZ UE O e- 4727-11
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POD"',
4
The following briefly summarizes the main advantages and disadvantages
associated with developing the Gage property as a city park, with "developing"
defined in terms of the following improvements: soft paths, some underbrush
cleaned out, and 82nd Ave. bordering on the south extended through to connect
with SW Bond St., which borders the property on the south.
Advantages of developing per neighborhood proposal:
1. According to the Tigard Park Master Plan, the Gage property is within an
area proposed for park land acquisition. The total acreage proposed to be
acquired is 5 acreas. The size of the Gage property is 4 acres. Thus in
terms of size and location, development of the Gage property as a neighborhood
park generally is consistent with the Park Plan.
2. Infill development is occuring at a fairly steady tempo in the area.
Within a one-half mile radius of the Gage property, which is the official
service radius for neighborhood-level parks, six subdivision projects totaling
240 lots have been constructed or approved for development since 1987. Three
multi-family projects totaling 27 units have received development approval
during the period. Alternative sites for a neighborhood park are available in
the area, but there is no guarantee that the land could be aquired before it
is developed for housing.
3. No contribution of. City funds would be required for acquisition and
development. An LID is the proposed financing method.
4. Provided the facility is well maintained and monitored, the addition of
this small parcel to the City's park system will not increase the City's
liability insurance.
5. Total annual maintenance costs are estimated at $1,560. This level of
maintenance could be accomplished with existing staff.
Disadvantages of developing per neighborhood proposal:
1. Although the park has not been designed as yet, the development concept
assumed for the basis of this discussion emphasizes preservation of open space
and protection of natural and scenic resources. The only active use area
contemplated is a children's play area or tot lot. The proposed design does
not include such items as play fields, picnic areas, and hard paths for
bicycling, which are identified in the park plan as high to medium priority
items for a neighborhood park serving this area. Thus the proposed park design
does not meet the park plan. (However, the development concept does not
preclude more active recreation features from being added at later date.)
2. Because it is enclosed on three sides by single family residential
development, it is questionable whether the property meets park and comp plan
access and visibilty criteria.
3. Creation of the park potentially could increase patrol costs. The police
have expressed some concern that the park would be close enough to the high
school that it could become a hangout for high school students at noon and
after school. The high school is approximately 0.4 mile from the proposed
park. Because is relatively secluded, foot patrols could be required i; 'he
park were to become a problem area.
4. Most of the land between 82nd Ave. and Hall Blvd. on the east side of the
proposed park has been plated, but has not been undeveloped as yet. As such,
there is significant undertainly regarding whether the future owners of these
lots would support a park LID.
DR/Bond
Gage Park: Just For Us!
What: Our neighborhood has the opportunity to work with the City of Tigard to
create a park for our use . Within walking distance of our homes is a 3.96 acre parcel
of undeveloped land. The Gage family owns the land and is willing to sell it for the
development of a park.
Where: (approximate location of park)
S.W. Ashford St.
S.W. Langtree 9th
Churchill Way
2
al
S.W. Bond
81st C
Why: Having a neighborhood park could benefit us by:
• Increasing the value- of our homes;
• Providing a safe location for children to play;
• Providing a convenient location for adults to exercise, play, relax;
• Preserving nature; .
• Preventing multifamily dwelling development on the land;
• Maintaining the high quality of life of our neighborhood.
HOW: By forming a Local Improvement District (LID) to purchase the land and pay for
.some development and by having the City of Tigard maintain the park, maintain the
liability insurance, and enforce park regulations.
Who: Each lot owner in the immediate area can help by signing the petition that will be
circulated within the next few days. (see side 2 for wording of petition) Your signature
will allow us to present the proposal to the City Council for review. We also need your
opinion about how the park should be developed. See page 2 for options and estimated
cost per home. (Approx. 300 homes in LID area.)
FIGURE 4-3
3M - T. PROPOSED TIGARi
PARK SYSTEM
s" - 1 - EXISTING CITY PARKS
-PROPOSED AREAS FOR
3M PARK LAND ACQUISITION TO I -SCHOOLS
/ w
-s E - Elementary
J -Junior High
H -High School
i i 0 EXISTING PEDESTRIAN/
s~C ti BICYCLE PATHS
PROPOSED PEDESTRIAN/
BICYCLE PATHS
`•'~-i,f~ a? PROPOSED EQUESTRIAN
TRAILS
3M.
- r 'y W
FFIITT 2
~-•'j
ACTION PLAN
I. Five Year Plain PRIORITY
HIGH MEDIUM LOW
A. Devela went Proje s
(renw t:o Neighbor h d Park Service Areas Map, page 2
Area D: 4evelop neighborhood
Acgi6res 2-3 acres x
Devdop= Play equipment/stru e X
Picnic facilit X
Pedestrian cycle paths X
Benc X
Irrigation system
y Area• r. -`*-vtelop neighborhood park N S
Acgaiie S acres x
De = Ballfield x Q~fr..12S
Basketball/Sport court x
Volleyball court x T~
Play equipment/structure x
Picnic facilities x AIZLt A
Pedestrian/bicycle paths x
Lighting X
Benches X
Irrigation system x
Area r. elop neighborhood park
Acquire: X
De-*--1ap t Garden Cente al park R 1
Benches
Pedestr' paths x
Ir ton system
Area M: Develop nei bvrhood park
Acgsire: 3-5 acres x
Devd,up: Play equipment/str x
Picnic facilities x
Pedestrian/bicy. -paths x
Benches X
Irri 'on system
L g ting x t
B. Imprevevient Project \
Cook Pad -
Acgz re: 19+ acres X
Prewre: Master Park Plan X
C Impmve: Waterfront facilities x
Ballfields ` X
Irrigation sy em
DewiDp: Sports 'X-OP]
ex X X "
Vopeyball court
Additional picnic facilities x
Drinking fountains x
2'=
WT
E "Bond Park"
Loreen's comments concerning liability insurance:
"Bond Park" would not increase the city's liability insurance. Our property
insurance would go up only if we had a lot of claims related to the park.
Incidents in the park would cause problems. But as long as the park is
properly maintained, well lighted, and patrolled by the police, adding a small
park to the City system by itself will not increase premiums.
Lt. Wheeler's comments on patrol costs:
Creation of the park could increase patrol costs. It is close enough to
Tigard High that it could become a hangout for high school students at noon and
after school. The park is about the same distance from Tigard High as is Cook
Park, where some students walk to now. A related problem is teenage beer
parties at night. Large crowds of people would require more police resources.
Transients would not be attracted to the park. It is unlikely that a hobo camp
would be set up. This problem is rare outside Portland.
It is difficult to give cost estimates for alternative scenarios. The police
intentionally avoid routine patrol patterns. In general, the frequency of
patrols depends on the frequency of activity within an area. There is no way
of knowing before it built how many complaints or events, if any, associated
with the park might occur that would require a police response. The police
would not patrol the park on foot unless problems developed. At present the
police do not patrol any existing city park on foot.
Comprehensive Plan definition of neighborhood park:
As described in the comp plan, neighborhood parks are "intended to serve as
the neighborhood center for active and passive recreation. . . Easy visibility
and access from surrounding residents and public right-of-way should be
considered. Facilities/Activities should be individually designed and shall
provide open play areas, picnic areas, drinking fountains, and trash
receptacles. Consideration should be give to provision of playground
facilities, natural areas, fencing, lighting, irrigation and ease of
maintenance. Additional facilities should be based on the recommendations of
neighborhood residents and the City Park Board."
Park Plan definition:
According to the park plan, neighborhood parks are described as "providing a
focus for social and recreational activities in residential areas, and should
be easily accessible by foot or bicycle. Within these parks are areas and
facilities that allow a variety of informal recreational activities that are
consistent with the character and needs of the neighborhood. The emphasis in
on providing the day-to-day recreation opportunities such as pleasure walking,
recreation bicycling, using play equipment, and informal ball games."
MEMORANDUM
CITY OF TIGARD, OREGON
TO: Duane Roberts, Plannipig-,
FROM: Floyd Peoples, Parks
DATE: April 26, 1990
SUBJECT: Bond Park
The information you requested on the development of the proposed park
area now called "Bond Park" is listed below. After making a walk-
through and visually surveying the area, I have cane to the following
conclusions:
1. There are several species of trees in this area consisting of
douglas fir, cottonwood and alder. To a lesser degree, there is
also western red cedar, an evergreen species, and other brushy-
type of undergrowth deciduous trees.
2. There is a pattern of trails that now exist in this area. These
trails seem to have a relatively good traffic configuration and
don't significantly impact the desirable vegetation.
3. There are several patches of Himilayan blackberry brambles that
would need to be cleared and eradicated.
4. This area could be developed relatively easy, in accordance with
your description of soft path construction and underbrush
clearing. The soft paths could probably be developed with the
help of the Connauiity Service program. The Parks Division is
currently utilizing this labor force quite effectively for similar
projects. The total labor, equipment and material needs for
clearing the brush and construction of the soft paths could
realistically look like this:
40 man hours total for supervision of camRinity service personnel
x Utility II rate midrange = $600 The cost of dumping debris
would be $350 to $500 The addition of bark chips for soft
path construction: $65 per unit x 32 units = $2,080
Equipment cost would be approximately $600 Total cost would
be approximately $3,780 This is probably a fairly conservative
figure. Other unknown or unforeseen problems could cause the
t actual cost to be somewhat higher. I believe $5,000 total
certainly should cover all other contingencies.
Bond Park
4-26-90
Page 2
Although not mentioned in the information I received from you, Cliff
Scott asked me to provide similar costs for this area. The only
difference was the possibility of a play area at one end of the site.
If a play area was constructed to the degree that similar play areas
in other city parks now in service are, one could expect an additional
$8,000 for equipment and construction.
Ongoing maintenance of this particular type of site is minimal.
Surveying for hazardous trees, keeping dumping and debris picked up,
etc., would probably be the extent of maintenance. If a play area was
included, weekly maintenance of equipment would be involved. On a
weekly basis, one man hour mdnimnxn of time, plus equipment costs. The
total maintenance cost would be approximately $1,560 per year.
There would be no need to hire additional staff to bring this parcel
into the park system.
If further information is needed, please advise.
cc: Cliff Scott
Ed Murphy
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' 47M; ouRHAM
2. Neighborhood Parks - Approximately 56 acres needed. Park acreage to be
acquired by area: (Refer to Figure 4-1)
Area A - 3 acres (Jack Park expansion)
Area R - 6 acres (Englewood Park expansion)
Area C - 9 acres (3.8 acres available at school site)
Area D - 2-3 acres
Area E - 3-5 acres
Area F - 5 acres
Area G - 0 (contains Fanno Creek Park)
Area H - 0 (contains Woodard Park)
Area I - 5 acres (8.1 acres available at school site)
Area J - 10-20 acres
Area K - 5 acres (5 acres available on public land)
Area L - 3-5 acres (22.8 acres available at school sites)
Area M - 3-5 acres
I
IN "I I a I-
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3. Community Parks - Approximately 61 acres needed. Park acreage to be
acquired by area:
Northwest area - 15 acres (Summer Lake Park expansion)
Southwest area - 30 acres (Bull Mountain area)
Northeast area - 0 (Metzger area)
Southeast area - 0 (Cook Park area)
Central area - 15 acres (Fanno Creek Park expansion)
;ENERAL GOALS
The basic function and purpose of the Tigard Parks System is based on three
goals and provides the foundation for a comprehensive parks svstem. The goals
provide the basis for future decisions by the City concerning park and
recreational opportunities and to satisfy the recreational needs of the
citizens of Tigard. The goals are:
o To provide a balanced range of park lands and facilities to meet the
public's needs for passive and active recreation, and serve -the
aesthetic needs of all City residents.
o To preserve, protect and enhance plant, wildlife and fish areas and
habitats; water areas; wetlands; and other unique and natural areas
for the recreational eniovment of the general public.
o To provide safe and convenient access throughout the community,
connecting, parks, schools, neighborhoods, and other public areas.
i
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4.
- 2 -
INVENTORY OF EXISTING RECREATIONAL RESOURCES
The Tigard park and recreation system is comprised of several elements and
resources. Parks, greenways, open space, schools, recreational facilities,
natural areas and historical/cultural resources all work together to provide a
collection of varied opportunities for the City's residents. The following
section identifies the major recreational resources in the City and briefly
discusses their contribution to recreation in Tigard.
PARKS
Parks offer developed areas such as ball fields, pathways and large open
areas, in which people can participate in a variety of active and passive
activities. The emphasis.of parks is generally on development of a range of
areas and facilities to accommodate public activities. The level of
development and planned uses depend on the park type, its size, population
served, proximity to other parks, natural features and topography. Within the
study area there are over 200 acres of public land for recreational use. Of
this total, 56% or 116.07 acres are designated as parks.
The nine parks in this system are divided into four types, depending on their
location, features, and number of people they serve. The four park types
which currently serve the City of Tigard are described in the following
section along with brief descriptions of existing parks within each category.
Mini Parks are designed to serve a specialized area or purpose with a
limited ranee of facilities. They also provide landscaped areas in the
commercial core of the City. The size of mini parks can vary, though it
is Renerallv at the lower end, from a residential lot or smaller up to 2
acres. As a result, facilities most likely focus on a specific purpose
depending on the site conditions and the recreational needs of the
surrounding residents.
Three mini-parks are located in the City of Tigard: Ye Old Windmill, Main
and Liberty. Ye Old Windmill serves more as a historic site than a park
and contains the restored Wood-Christensen farm windmill. Main and
Liberty Parks are located in the downtown area and serve as passive
recreation areas and landscaped sites, providing an entrance into downtown.
Neighborhood Parks are intended to provide a focus for social and
recreational activities in residential areas, and should be easily
accessible by foot or bicycle. Within these parks are areas and
facilities that allow a variety of informal recreational activities that
are consistent with the character and needs of the neighborhood. The
emphasis is on providing the day-to--day recreation opportunities such as
pleasure walking, recreational bicycling, using play equipment, and
informal ball games.
Tigard has three neighborhood parks, all located in the northern section
of the city. Woodard Park is the smallest of these parks and contains
some play equipment, picnic facilities and paths. Jack Park is completely
developed with a large open area, paths, some play equipment, and a
basketball court. Englewood Park is the largest park of this type and is
actually divided into two parks at this time. It also is developed and
contains several play areas, large open areas, and pathways.
~ - 4 -
A
FINANCIAL
Objectives:
o Secure adequate funds from Federal, State, and private sources to
implement a program of acquisition and development 'of new parks, and
improvement, maintenance and expansion of existing parks.
o Minimize development-and maintenance costs through the use of volunteers,
where appropriate.
o Maximize' revenues generated through Tigard facilities by the use of fees,
where appropriate.
o Identify specific items that citizens or groups can donate to improve park
facilities through listings, such as a gift catalog.
o Develop a Parkland Acceptance Policy for donations of land and structures
which shall be accepted only if they have active or passive recreational
potential, unique open space characteristics, or can be exchanged or sold
to benefit the public.
PUBLIC AWARENESS AND I14VOLVEMENT
Objectives:
o Develop parks and facilities situated and designed to maximize visibility
and public use.
o Provide the public with information concerning the Tigard Parks System
recreational opportunities.
o Provide proper and extensive signing to increase the awareness of park
facilities.
o Develop volunteer programs to involve individuals and groups in
development and periodic maintenance of park facilities.
o Publicly recognize those citizens whose contributions of time or money
have helped support the Tigard Parks system.
o Provide a staff position to serve as primary volunteer coordinator
responsible for planning, promoting, and organizing volunteer efforts in
park design, construction, and maintenance.
o Provide means for the public to request and/or express the need for
facilities or changes in their parks.
-26-
Recommended Actions:
Public Awareness and Relations
1. Methods of providing parks information:
a. Maps depicting existing parks, facilities, schools, greenway,
pedestrian/bicycle paths, trails, etc.
b. City newsletter
c. Publicity in newspapers, on radio, cable TV, and television stations
d. Presentations to local schools, youth groups, business groups, and
service clubs.
e. Special events to celebrate seasonal events, completion of projects,
etc.
f. Listings of recreational facilities that can be rented by the public.
g. Proper and extensive signing.
2. Publicly recognize volunteers:
a. Newspaper article
b. City newsletter recognition listing and/or article.
C. Special events presentations of merit.
3. Design a Citizen Needs Request Form, available from City Hall and
distributed upon request.
t MAINTENANCE
Objectives:
o Design, maintain and modify parks and recreational facilities in a manner
that ensures the public safety, allows year-round use, reduces maintenance
costs, and meets the public's needs.
o Provide a preventive maintenance system, including careful safety checks
of all facilities and equipment.
o Plan and coordinate maintenance and improvement projects on a year-round
schedule to allocate resources more efficiently, and provide clearly
defined duties for regular repairs, general cleanliness and orderliness,
and overall attractiveness.
o Design maintenance and improvement programs to support natural resources
and to minimize damage to natural vegetation and critical wildlife habitat.
o Secure adequate funding sources to implement an efficient maintenance
program.
-27-
i
METHODS OF FINANCING PARR ACQUISITIONS, DEVELOPMENT AND IMPROVEMENTS:
A. General Fund
B. Parks System Development Charge Fund
C. Fees and Charges - Revenue generating sources:
- Reservations of picnicking facilities and shelters.
- Reservations of individual ballfields.
Rental of canoes and/or boats.
- Sports teams fees and charges - Sports Complex use.
- Concessions - Sports Complex. e
D. Federal Revenue Sharing
E. Bond Issue
F. Serial Levy
G. Grants
1. Federal -
Land and Water Conservation Fund
t National Historic Preservation Fund
( 2. State -
Grant-in-Aid program
Oregon State Marine Board
Inter-governmental Relations Division
3. Foundations -
t a. Recipient Foundations
- National Endowment for the Arts
` - The Nature Conservancy
{ - The Trust for Public Lands
Foundation formed by City
b. Grant Aiding Foundations
f H. Volunteers/Low Cost Labor
1. Fundraising
J. Gift Catalog
K. Cooperative Agreements
1. With Developers -
Density transfers, trade-offs
2. With Other Public Agencies -
- Joint development (Public/Public or Public/Private)
Joint Use
- Use/purchase surplus schools
L. Income from Interim Use of Undeveloped Park Land
- Grazing/Agricultural
Parking/Storage
Recreation Activities (dog/horse training, model plane clubs,
rifle/archery range, adventure playground, etc.)
Beekeeping
- Nursery/Tree Farm
- Commodity Sales (sand, gravel, dirt, wood, water)
Lease for Commercial development
M.. Enterprise Funds/Concessions
N. Equipment/Facility Leasing
0. Various Acquisition Techniques
- Exchange for land/development rights
Encourage bequests
i - Bargain Sales
Series of gifts
- Arrange for another party to purchase
Arrange to purchase at a later date
- Consider less-than-fee simple acquisition (i.e. differential tax
assessment, easements, etc.)
i
i -113
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{ MEMO
4/28/90
TO: Ed
FM: Duane
Attached please find a summary of the pros and cons of developing "Bond" Park
per the neighborhood proposal. Also attached are the comments of the City Risk
Manager, Police Dept., and Operations Dept. concerning the proposed project.
Lastly, relevant excerpts and pages from the park and comp plans are attached.
t
CITYOF TIIFARD
OREGON
June 8, 1990
Bill and Linda Andrews David and Susan Seibold
15396 S.W. Thurston Lane 15374 S.W. Thurston Lane
Tigard, OR 97224 Tigard, OR 97224
Dear Mr. & Mrs. Andrews and Mr. & Mrs. Seibold:
Thank you for your letter concerning the "Gage Park" issue which will be
discussed during the City Council Study Session on June 11, 1990, at 5:30 p.m.
For your information, your letter has been forwarded to the Tigard City Council
for their review prior to the meeting.
If you have any questions, please do not hesitate to contact my office.
Sincerely✓
Pa ick J.' '1
Ci to
PJR:cw
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13125 SW Hall Blvd., P.O. Box 23397, Tigard, Oregon 97223 (503) 639-4171
P.1
TO: CITY OF TIGARD
MAYOR AND COUNCIL MEMBERS
FROM: MR. & MRS. BILL ANDREWS,
MR. & M`r DAVID SEIBOLD
DATE: JUNE 6, 1990
TWO PAGES INCLUDING COVER PAGE.
cc: Councilmember Joe Kasten
Councilmember Valerie Johnson
Councilmember Carolyn Sedan
Councilmember John Schwartz
C_
JUN 06 '90 12:21 WTS INC. P.2
June 6, 1990
Honorable Mayor Jerry Edwards
City of Tigard
P.O. Sox 23397
Tigard, OR 97223
Honorable Mayor Jerry Edwards:
Re: Gage Park LID Proposal
We are writing this letter after attending an informal meeting of
the Gage Park Committee.
Several homeowners of the Ashford Oaks sub-Division signed a
petition two or three months ago stating that we gave the Gage Park
Committee our permission to-look into the development of a neighborhood
park. We = Dqt say we were for the park. After weighing all the
issues involved, we do not support the park at this time until all issues
are resolved. We were mis-represented with that petition.
A new survey is needed to address whether people are for or against
the park. We would like this matter of the park tabled until this survey
is taken to get a true poll of the areas of Bond, Langtree and Ashford
Oaks. _
The reasons we are opposed to the park is Laregolved issues on
this LID Proposal. They are liability, COST household,
accessibility, parking and vacant undeve'.,ped lots.
Many of the Laag4ve and Ashford Oaks lots are still undeveloped.
Are they included in this park issue? Will the undeveloped lots share
the cost or do we pay total cost up front now?
These are serious issues to consider. The Gage Committee has been
available for questions, but they have NO answers. We need to be
represented properly. A spokesman for our neighborhood will be attending
the June 11 Council Workshop.
Thank you for your cooperation in this matter.
Sei bold..
Bill and Linda Andrews David 6 Susan Beibold
15396 S.W. Thurston Lane 15374 S.W. Thurston Lane
Tigard, OR 97224 Tigard, OR 97224
MEMORANDUM
TO: City Council
FROM: Keith Liden, Senior Planner
RE : Land Use Hea.• ings Officer
DATE: May 31, 1951
Beth Mason, the City's present Land Use Hearings officer, indicated her desire
to resign by June 1990. The City staff has completed a recruitment process to
find a suitable replacement.
Approximately 20 applications were received and reviewed by Tim Ramis and Ed
Murphy. Of this group, three individuals were selected for an interview with
Ed and myself. We found the recommended candidate to be particularly well
qualified and a reference check produced nothing but praise from past and
present clients.
We are recommending to the Council that Larry Epstein be selected to fill the
Hearings officer position due to his extensive experience as a land use
hearings officer as well as his legal and planning background. Attached is a
copy of his letter indicating his interest in the position and a resume.
Samples of his written work, a video tape of a hearing he conducted, and a
proposed contract will be available for the Council meeting.
Larry Epstein will attend the meeting at 6:15 PM to be introduced to the
Council and to answer any questions the Councilors may have.
LANDUSE.HO/kl
RECEiv=U
MAR 1. " RECD
Larry Epstein, PC 017-" TJC'7ARc
Attorney At Law
Larry Epstein, member 1020 SW Taylor Street, Suite 370
Oregon State Bar and Portland, Oregon 97205
American Institute of Certified Planners (503) 223-4855
March 12, 1990
Personnel Office
City of Tigard
PO Box 23397
Tigard, OR 97223
SUBJECT: LAND USE HEARINGS OFFICER
Dear City staff:
I am writing to request consideration for appointment as Land Use Hearings
Officer for the City of Tigard. I enclose a resume. In the remainder of this letter, I discuss
relevant training and experience and propose a fee schedule.
My interest in land use began when I worked for a real estate development
firm through high school. There I observed the land development process first hand and
saw many of the issues I face today in my work. I thought the best way to be involved in
that process was as an architect, so that is what I studied in college. Although I excelled in
architecture, I decided to pursue an education that integrates architecture with planning and
law so that I could understand more about the development process.
After I received graduate planning and law degrees, my wife and I moved to
Portland. I worked first for Benkendorf & Associates. I drew plans and wrote programs
for subdivisions, planned unit developments, retail centers, and the area now known as
Riverplace in the South Downtown Waterfront area.
Next, I worked several years as senior planner and planning manager for
Multnomah County. I wrote or edited and coded the County land use laws, wrote or
edited every decision and staff report, managed a staff of 15 people, and appeared before
hearings officers, the planning commission, and the board of commissioners. I helped hire
the County's hearings officers, wrote the rules used at public hearings in the County, and
trained the County staff about how to write findings, conclusions, and conditions.
After Multnomah County, I worked for the Oregon Department of Energy
writing a guidebook that describes how local governments can regulate hydroelectric,
geothermal, biomass, and wind energy systems and transmission lines associated with
them. The book won a Governor's Energy Award and the first Award for Innovation in
Infrastructure from the American Planning Association. The Department of Energy
subsequently hired me to write a second edition. The guidebook shows how I can organize
complex and disparate subjects into a comprehensive yet understandable format that non-
technical people can understand a skill that a hearings officer often is called on to use.
I began my private practice in 1983. About one-third of my time is spent
` doing work as a land use hearings officer. About one-third is spent working on behalf of
private clients either for or against development. The remaining third is spent working for
local and state government. This balanced background enables me to stay informed about
events in both the public and private sectors that could affect my work. It also helps me
take a fair, reasoned approach, considerate of all sides of an issue, when controversy
occurs.
I have served as the land use and enforcement hearings officer for Clark
County, Washington since May, 1982. I have conducted hearings and written decision for
hundreds of cases each years dealing with zone changes, conditional use permits,
subdivisions, variances, appeals of staff decisions, design review plans, environmental
impact statements, and a host of related matters. I am well-respected and well-liked by
participants in the process. The Board has reversed only a handful of my decisions in 8
years, and they consistently attest to their high regard for my work. Contact Glenn Gross,
Planning & Development Review Manager if you have questions ((206) 699-2375).
For the past two years, I also have worked as a hearings officer for the
Town of La Center, Washington. I conduct hearings and write decisions about conditional
use permits, land divisions, and other land use matters for the town. Contact Irene
Armstrong, Town Clerk, if you have any questions ((206) 263-2782).
Also for the past two years I have served as hearings officer for the
Metropolitan Service District. I conduct hearings and make written and oral
recommendations to the Metro Council about Urban Growth Boundary amendments. This
has increased the regional perspective of my practice. Contact Metro counsel Dan Cooper
x with questions (221-1646).
Last year, the Southwest Washington Health and Sanitation District hired
me to serve a hearings officer for various district activities. I have conducted a hearing and
written a recommendation about a planned landfill closure in the district. Contact executive
director Tom Milne if you have questions ((206) 695-9215).
In addition to my work as hearings officer, I also have served such
institutions as the Portland Metropolitan Chamber of Commerce, Portland Adventist
Medical Center, Woodland Park Hospital, and Tri-Met Service District, shepherding their
projects through legislative and quasi-judicial processes.
I have served local governments throughout the Pacific Northwest,
providing ordinances, analyses, information, and instruction. For the regional solar access
project, I have become familiar with the land use laws of 23 Portland area jurisdictions,
including Tigard. This will reduce the amount of time needed for me to begin work for the
City.
I have served a wide range of private interests, from subdivision developers
to neighborhoods and environmentalists. This, too, helps me maintain and present a
balanced appearance and demeanor--- to see matters from all possible sides. It gives me a
chance to focus on settling rather than disputing land use controversies.
Lastly, I have often appeared at conferences and seminars to instruct others
in the process of writing land use decisions, and have co-authored the updated Zoning
Administration chapter of the Bar Association Land Use treatise.
L--
K
Page 2 Epstein letter
Regarding Tigard hearings officer
,~i
I take great stock in reaching a result in the land use process without
litigation. I try to draft a decision or a land use application to show it considers all
viewpoints and takes a reasoned and logical approach. It is largely because of this practice
and my open and evenhanded conduct of hearings that I am well respected. I would bring
the same approaches to my work in Tigard if appointed as hearings officer.
If appointed, I would charge the following rates:
Labor (hearings officer) $ 60 per hour
Labor (clerical) $ 25 per hour
Mileage $ 0.25 per mile
Photocopies $ 0.10 per page
I provide a fully itemized bill, separately listing time spent in preparation, on
site visits, at hearings, and in post-hearing work. All of my decisions are produced on a
Macintosh computer. I can provide camera-ready decisions from my laser printer and/or
computer disks containing decisions, whichever you prefer.
As my clients will tell you, I work hard, remain calm and considerate at all
times, and provide reasoned decisions and products on time and within the budget. I
would like to do the same for the City of Tigard. Please consider me for the position of
hearings officer. Contact me if you have questions.
Sincerely,
RY EPS , PC
Larry in AICP
Page 3 Epstein letter
Regarding Tigard hearings officer
F
r
r
LARRY EPSTEIN, Esq., AICP
Attorney at Law
„ 1020 SW Taylor Street Suite 370 • Portland, Oregon 97205
(503) 223-4855 • FAX 222-1923
APPROACH •
I have worked in land use planning and development regulation for more than a decade. As staff to local and state
agencies, private planner, attorney to public and private clients for and against development, and hearings official, I
have gained a broad background and the capacity to deal from concept to detail with regulatory matters in land use. I
have graphic, written, and oral skills needed to address all phases of the land use process. My background provides a
balance among development, conservation, and regulatory interests that is reflected in my practice and my approach
to problem-solving. By integrating these skills and interests, I can help clients reach consensus, understand their
options and problems, and provide direction and effective representation and decisionmaking in a timely manner.
EXPERIENCE •
Attorney-at-law • Larry Epstein, PC, Portland, OR (1983 - current).
I represent public and private clients in the western United States in land use matters. My work consists
primarily of conducting legal and other research, drafting legislation and associated documents, permit
processing, plan administration, strategic planning, community relations and related real estate matters.
Hearings Officer • Clark County, Wa (1982 - current) • La Center, Wa (1988 - current)
Metropolitan Service District (1988-current) • SW Washington Health District (1989-current).
I conduct hearings and write decisions about land use and zoning enforcement matters for Clark County and
La Center. I conduct hearings and write recommendations about the Portland Metropolitan Area Urban
Growth Boundary for Metro. I conduct hearings and write recommendations for the Health District.
Environmental Specialist • OR Department of Energy (1982-1983).
While managing staff and more than 40 technical advisors in 14 agencies and 20 jurisdictions around the
state, I drafted model local siting laws for small energy facilities. The work received a Governor's Energy
Award and the first Award for Innovation in Infrastructure from the American Planning Association.
Manager & Senior Planner • Multnomah County, OR (1978 - 1982).
I managed a staff of 10 planners and annual budgets of $1/2 million. Also I appeared before county
decision-makers and interest groups, and wrote and codified land development laws. I was responsible for
managing County staff review of all land development applications in the unincorporated area.
Associate Planner • Benkendorf & Associates, Portland, OR (1978).
I helped write comprehensive plans for Coberg, Jefferson, and Tillamook and prepared site plans for various
subdivisions, planned developments, and waterfront projects, including Riverplace in Portland.
Research Assistant • Center for Urban & Regional Studies, Chapel Hill, NC (1977-78).
1 helped conduct research about a number of topics including equal opportunity for housing, constitutional
issues in land use planning, and public access to beaches.
EDUCATION •
Bachelor of Science with Distinction • Pennsylvania State University, University Park, PA (1974).
Master of Regional Planning • University of North Carolina at Chapel Hill, Chapel Hill, NC (1977).
Juris Doctor • University of North Carolina at Chapel Hill, Chapel Hill, NC (1978).
AFFILIATIONS •
{ - Oregon State Bar Association American Planning Association
Oregon Law Institute American Institute of Certified Planners
r
w
SELECTED PROJECTS • SELECTED PROJECTS • Energy
Public and Institutional
Portland-Vancouver Metropolitan Area
Portland Adventist Medical Center, Solar Access Project (1986-current).
Portland, OR (1984-current). I am advising 23 jurisdictions in the Portland
I advise PANIC on land use matter; in metropolitan area about solar access laws.
Portland and Multnomah County and am
drafting a master plan for the medical center. Fraser Estates, Spokane Cty, WA (1986).
I wrote a covenant to protect solar access on
City of Gresham, OR (1989-current). 90% of the lots in this 50+ lot subdivision.
I am managing a team of consultants to draft
a development manual for the city. Portland Energy Office, Portland (1986).
I wrote and illustrated a guide for citizens to
Tri-Met, Portland, OR (1989). use when trying to obtain solar access rights.
I drafted a final order approving a bus
terminal in Multnomah Co-nty. Solar Access Permit, Oregon Dept. of
Energy, Salem, OR (1986).
Metro, Portland, OR (1989). 1 reviewed solar access permit programs &
I managed a team of consultants who obtained wrote a model form and instructions.
permits for modifications at a regional solid
waste transfer station in Oregon City. Solar Projects, Portland, Grants Pass and
Klamath Falls, OR & Kent, WA (1984-86).
Metro Chamber of Commerce Business I advised these jurisdictions about and drafted
Coalition, Portland, OR (1988-1989). solar energy laws.
I critiqued the draft Portland zoning code on
behalf of a wide range of businesses and Rules for Business Energy Tax Credits,
coordinated their involvement for the future. Oregon Department of Energy (1986).
I wrote the rules used for tax credits for
Public Facilities Plan & Community Plan energy conservation in business facilities.
Update, City of Gresham, OR (1987- 88).
I wrote a public facilities plan (PFP) for Regulation of Small Energy Facilities,
sewer, water, and storm drainage systems and Oregon Department of Energy (1984, 86).
updated the Community Development Plan. I wrote this award-winning guidebook and
An Ordinance Regulating Off-Premise model law about energy facilty siting.
Signs, Multnomah County, OR (1986).
I codified the an agreement adopted by the PUBLICATIONS & LECTURES •
county and accepted by the sign industry that
became the County sign ordinance. "Chapter 19 -Zoning Administration,"
Tri-Met Service District, Multnomah LAND USE CLE, Oregon Bar (1987).
County and Portland, OR (1986).
I successfully represented this agency "Legislative Approaches to Antiquated
regarding a request to use air rights over a Subdivisions," Platted Lands Press,
light rail station. Lincoln Institute of Land Policy (1985).
Assessment of Planning in Multnomah "Conditions & the Final Order in Land
County & Gresham, OR (1984). Use Decisions," APA Oregon (1985).
1 analyzed city & county laws and wrote a
plan to regulate land use consistently as "Local Jurisdiction Over Hydroelectric
portions of the county area were annexed. Facilities," University of Oregon (1984).
Dept. of Environmental Services, "Local Land Use Decisions: A Practice
Multnomah County, OR, (1983-84). Manual," OSB/AOR workshop (1981).
I wrote reports and recommendations
regarding industrial revenue bond requests. Streamlining Land Division Regulations,
Oregon League of Cities (1981).
Resume of Larry Epstein
Page 2
i
SELECTED PROJECTS • Gordon Myers, Portland, OR (1989-1990).
Radio & television facilities I prepared partition applications and related
real estate documents for a major partition.
City of Seattle, WA (1986-1988).
I am technical manager on a team that advised Mobile Oil, NY, NY (1988).
the city about RF facility sites and siting and I represent Mobil Oil regarding property in
recommended siting rules for such facilities. Gresham next to the light rail line.
Marin County, CA (1986-current). Gene Gambee, Portland, OR (1984-1988).
I am advising the County about RF facility I represented residents opposed to conversion
sites and siting and wrote a background report of a non-conforming factory into a permitted
and recommended siting rules. use; helped negotiate settlement of disputes.
King County, WA (1985-1988). Wm Cox & others, Portland, OR (1987).
I am regulatory specialist on a team that I successfully represented residents opposed
advised the county about RF facility sites and to a permit for a commercial use next door.
siting and wrote rules for such facilities.
Jeff Arndt and Arndt Construction Co.,
KXL & KPDQ-FM & Greater Portland Multnomah County, OR (1986-87).
Broadcasting, Portland, OR (1985-1987). I obtained a conditional use permit and
I represent these clients before city officials permits for mining in the Columbia Gorge.
regarding RF facility rules and facilities and
wrote a tower plan district for a tower farm. Jennifer Harding, East Side Athletic
Club, Clackamas County, OR (1986-87).
KVVQ-AM, San Bernadino, CA (1987). I represented this client regarding a zone
I gave expert testimony regarding the effects change for a proposed shopping center.
of RF facilities on property value.
Terry Sandblast, King Co., WA (1986).
Electromagnetic Energy Policy Alliance I negotiated conditions for a subdivision.
Workshop, San Diego, CA (1985).
I spoke about trends and prospects in local Dale Burkholder, Mult. Co., OR (1986).
regulation of RF facilities. I represented this client regarding a violation
REGULATING RADIO AND TELEVISION of building and zoning codes.
TOWERS, PAS Report (1984). Corbett/Terwilliger/Lair Hill Neighbor-
I co-authored a booklet about RF facilities hood Association, Portland, OR (1985).
and their regulation by local governments for I represented this organization against
the American Planning Association. development of a parking lot without
pedestrian or landscape features.
SELECTED PROJECTS • Private Friday Olds, Multnomah Co., OR (1985).
I successfully represented this auto dealer to
Homestake Development, Inc., Portland, change conditions of approval and access.
OR (1990-current).
I successfully represented an applicant for a Neil Kelly Co., Portland, OR (1985).
zone change and subdivision in SW Portland. I successfully resolved alleged zoning code
violations regarding a change of land uses.
Rawley Stohr, Portland, OR (1989-current).
I represented neighbors opposed to an M Murray, Grant County, OR (1984-87).
industrial use in a residential zone; I represented this client in local and state
successfully negotiated a settlement. courts, and negotiated a settlement leading to
approval of a conditional use permit for a
Quincorp Inc, Portland, OR (1988-current). non-farm dwelling.
I am land use counsel for a 350-acre golf
course and residential project in Gresham and Friends of the Deschutes, Bend, OR
Multnomah County inside & out of the UGB, (1984-85).
in Sherwood and in Wilsonville. I represented a group who opposed approval
l' of a new dam on the Deschutes River;
successfully negotiated a settlement.
Resume of Larry Epstein
Page 3
MEMORANDUM
TIGARD POLICE DEPARTMENT
TO: Patrick J. Reilly
City Administrator
FROM: Ronald D. Goodpaster
Chief of Police
DATE: May 25, 1990
SUBJECT: Computerized Police Records System
Upon" appointment as the Police Chief of the City of Tigard and.the following
assessment of the overall operation, the need•to.computerize the records system
was identified as an immediate priority.
Since that time, a' committee has been researching 'different` computerized '
police records systems with the intent of identifying.a system to incorporate
into the Police Department's network computer- system.'.•• The "'search, although
1'.
computerized police records systems are extremely common, .was extremely
difficult since our in-house computer system is a:•networking system rather than
work"4 off of a mainframe. The vast majority of police computerized records
system operate off of 'a mainframe system. There` are numerous distinctive
advantages of having/ a networking systesn'-,rathei .than;ga'•' ;mainframe system.
However, itt~ ° is . fairy'. new technology ' and the amounti a of - ':software" available is
extremely limited. . Our current computer system 'severely underutilized 'due
to the absence of a ,computerized records system.''
Presently since we have no computerized records system, the Department is.
.unable to ; keep all of the ,files that it should :acid those -files " that we do
maintain are totally manual., This results in not having information available
to the Department or ,the public and those files-- that, are "available are
extremely time-intensive, difficult to retrieve information ;!from," and
incomplete.
Because,we are not computerized, we can not keep certain'normal and customary
files that police departments maintain to assist'" performing duties. Among
the files that are not currently maintained in the Department-. are: grid/crime
location files, crime files on specific 'offenses,-' suspect" files, Suspect
vehicle files, crime;, analysis information, stolen'- property files, traffic
files, arrest information, intelligence information, and property management.
As one of numerous examples, of the importance and benefit of computerizing our
records would be the mandatory monthly State crime'•,report. As a municipal law
enforcement organization, we are required to file monthly crime statistics for
the City of Tigard.. Because we;are not computerized, that task presently takes
1
t
one clerk approximately 16 to 24 hours per month to perform. If we were
computerized, that same task would take approximately two to three hours per
month to organize and submit to the Law Enforcement Data System Center in
Salem.
In conducting our research, we have contacted all of the police departments in
the Portland Metropolitan area and others throughout the Pacific.Northwest.and
other regions of- the` United. States, seeking, 1nformafion' :''regarding, programming
for a network system.' We have already reviewed 'and discarded two different
systems that looked promising until we started working with the format and
found they were extremely difficult, would not be as beneficial as necessary,
that the service after the sale and support was either nonexistent or extremely
limited, and the training on the system would have been extremely difficult for
the personnel within the Department.
In our research, we found the City of The Dallas Police Department- had- -a
networking police computer system and a very good computerized records system.
We sent the Computer Committee to The Dallas and started intensive research on
the police software which is from the Institute of Police Technology and
Management at the University of North Florida. Upon returning from the
research at The Dalles,.--the Committee made numerous phone calls to several
police departments throughout the United States conducting research in regards
to the reliability, the ease of operation, the utilization, and the service -
after the sale of this computerized records system and found all of the
departments were quite pleased with the software and had no problems regarding
the operation or utilization of the system. Another significant advantage of
going with the police technology software was that they would also provide us
the source codes which would allow us to in-house customize we
required to make th? program better fit our needs here in the Citi-Of Tigard.
After conducting approximately nine months of research 'and after, reviewing
numerous police computerized records. programs and talking to-:j3everal police
departments throughout the United states, the strong, recommendation", of :the
.Computer ,Committee- is to purchase ,and 'install' *the ` 7nstitiute of Police
Technology Management computerized records system.
The total cost of the system would be approximately $23,000 which would add
the software to our existing 24 terminals within the Department. It,would also
provide 10 days of on-site training and installation by two,-'professional .
trainers from the institute and would also allow us unlimited telephone support
for one year after the sale. The cost also includes free registration for two
in-house persons to attend the Institute of Police Technology and Management's
Introductory Database Management Course. This is advanced training on the
system and is highly recommended by not only the Institute, but/by other -
agencies that we talked with that are currently using their'software.
The money is available in the existing 1989/1990 budget and the institute can
probably have the system installed the last week of June.. Once the
computerized records system is installed, we would provide significant training
to all personnel in the Police Department and immediately begin to computerize
our existing records, and to create and computerize nonexisting critical
records. -
2 -
b
The overwhelming benefit of having the records computerized within the
Department is that it would provide better information to all personnel, would
make that information much more accessible, and would save a tremendous amount
of time in the management of the existing records and the retrieval of
information. It would also allow us to create computerized records in the
other areas stated above that we currently do not have that would be a
tremendous benefit to the entire organization.. 'Refer .•to,'attached additional.
•informatfa..n:regazzding•the Institute, s,'records system..
Thank you' for your consideration of, this request. If you have-any additional'
questions or concerns, please feel free to contact me at your convenience.
ad\M525IPTM
t
Y
3
TIGARD POLICE DEPARTMENT
M 8 M O R A N D IIM
May 30, 1990
TOs Ron 'Goodpaster, Chief'of Police
FROMs Robert Wheeler, Lieutenant
SUBJECT: Networking VS Mainframes
Sirs \ - -
The main factors that make the networking more effective than
mainframes is as follows:.
1. Lower initial cost:
2. Lower monthly maintenance costs.
3. No special environment required.
4. Easier to use.
5. Easier to expand the system. j
' 6. City standard is local area networking.
7. Mainframes (which we could afford) are slower in a multi-
user environment.
The cost' -of a..'mainframe that would do,{what' we are doing now -
would be at least $350, 000:00, plus*•. the 'aost",of• a -room-jto ':•put, the
computer /in (requlYeB a very special environment' temA and humidity
control and.security) : Also'•electrical "feeds mu'sti' be;`upgraded; to
3 phase. Not to mention-the costs of a full time staff-to run the
mainframe or electrical costs of $5,000.00 per month. Annual,
license fees are also', required.
Programming takes much more effort and technical skill.-:---A -
simple report can.,!-::take. up to weeks to ::program (depending ,on the -
complexity of the 'repot) Your; limited to' what' a programmer has
given you on a mainframe,, unlike the networking system. Each
person can develop:.many of their own applications.
A mainframe-computer.-has-one processor-for all-processing for
all users, whereas ',.In a local area- networkingeach•user has their
own processor. This' allows multi-users-to 'process at the same
time without degradation to the system.
C
MEMORANDUK
CITY OF TIGARD, OREGON
/I
TO: Honorable Mayor and City Council May 4, 1990
FROM: Patrick J. Reilly, City Administrator
SUBJECT: COUNCIL CALUMM, June - August 190
Official Council meetings are marked with an asterisk If generally OK, we
can proceed and make specific adjustments in the Monthly Council Calendars.
June '90
8-9 Fri/ Council Goal Setting Session (Friday 6:30 p.m.; Saturday
Sat 8 a.m.) - Town Hall Conference Room
*11 Mon Council Business Agenda (5:30/7:30)
*18 Mon Council Business Agenda (5:30/7:30)
20 Wed Legislative Breakfast (Eggs & Issues, Elmer's, 7:15 a.m.)
*25 Mon Council Business Agenda (6:30/7:30)
July '90
4 Wed Independence Day (City Offices Closed)
* 9 Mon Council Business Agenda (6:30/7:30)
*16 Mon Council Study Agenda (6:30)
21 Sat City Employee Picnic
18 Wed Legislative Breakfast (Eggs & Issues, Elmer's, 7:15 a.m.)
*23 Mon Council Business Agenda (6:30/7:30)
August '90
*13 Mon Council Business Agenda (6:30/7:30)
15 Wed Legislative Breakfast (Eggs & Issues, Elmer's, 7:15 a.m.)
20 Mon Council Study Agenda (6:30)
27 Mon Council Business Agenda (6:30/7:30)
cw/ccc-.al
Council Calendar - Page 1
~~a b
MEMORANDUM
CITY OF TIGARD, OREGON
TO: Honorable Mayor & City Council June 4, 1990
FROM: Cathy Wheatley, City Recorder
SUBJECr: May 15, 1990 Election Results - Receive and File
Ballot Measure Nos. 34-5 and 34-6
Attached is a copy of the certified May 15, 1990 election results received from
the Washington County Elections Division.
cw
ccelec
S TA T E M E N T OF VOTES CAST Fogelvl
17:11:20 23-May-1990
1990 MAY PRIMARY
#34-1 CITY OF KING CITY #34-5 CITY OF TIGARD
ADOPTING CHARTER DEVELOPMENT PLAN
1 YES 9 YES
2 NO 10 NO
3 Overvotes It Overvotes
4 Undervotes 12 Undervotes
#34-15 CITY OF SHERWOOD #34-7 TUALATIN CITY
I.1EW TAX BASE GENDER NEUTRAL CHARTER AMENDMENT
5 YES 13 YES
6 NO 14 NO
7 Overvotes 15 Overvotes
8 Undervotes 16 Undervotes
1......2......3......4 5......6......7......8 9.....10.....11.....12 13.....14.....15.....16
0002 0002 SHERWOOD M 132 155 0 21
0004 0004 TUAL COUNC 60 35 0 10
0005 0005 TOWN HALL 435 119 2 86
0016 0016 METZGER EL 151 247 0 5
0018 0018 EDWARD BYR 206 134 0 12
0024 0024 TUAL COMM 198.... 173......0..... 46
0025 0025 K CITY TOW 386 96 1 52 " " "
0029 0029 EDWARD BYR 274 179 0 30
0030 0030 TIGARD COM 101 296 1 9
0031 0031 C F TIGARD 111 334 0 10
0032 0032 C F TIGARD 143 249 0 10
0033 0033 FOWLER JR . 136....295......1.....14
0034 0034 JAMES TEMP 144 269 0 9
0035 0035 PHIL LEWIS 84 191 1 5
0036 0036 TUALATIN C 97 72 0 16
0040 0040 TWALITY JR 146 301 0 13
0041 0041 SUMMERFIEL 139 515 3 65
0046 0046 M WOODWARD . . . 79....192......0.....11
0190 0180 SUMMERFIEL 95 409 0 29
0185 0185 PIPERS RUN 30 14 1 7
0189 0189 TUALATIN E 65 31 0 6
0192 0192 MAISON ARM 57 107 0 3
01,44 0194 TIGARD COM 53 187 0 6
0195 0195 DURHAM SCH . . . 125....243......1......6
0213 0213 EDWARD BYR 104 61 0 17
0215 0215 CF TIGARD 95 189 0 7
02J7 0217 METZGER EL 68 85 0 1
02'21 0221 M WOODWARD 78 227 0 9
0223 0223 SHERWOOD M 171 155 0 2
0224 0224 FOWLER JR . . . 50....102......0......2
0225 0225 DURHAM SCH 110 185 0 4
0226 0226 M WOODWARD 95 138 0 7
TOTAL 821 215 3 138 303 310 0 23 2,060 4,811 7 225 1,034 699 1 144
L~•C,n.T 1,. . ,
C• 1
CERTIFIED TO BE A TRUE AND i' r
CORRECT COPY OF THE ORIGINAL
Date , / 9 cf d
3
WASHING ON r-COUI`'IY
IL z
ELECTIONS D VISIcLJ~/V n
' •4.zs s'cV'Ny {
S T A T E M E N T O F V 0 T E S C A S T Page10*3
17 11:32 .13-May-1990
1990 MAY PRIMARY
#34-e TUALATIN CITY 634-6 CITY OF TIGARD
MAYORS TERM CHARTER AMENDMENT MAYORS TERM CHARTER AMENDMENT
1 YES 9 YES
2 NO 10 NO
3 Overvotes 11 Overvotes
4 Undervotes 12 Undervotes
#34-12 CITY OF NORTH PLAINS 1136-5 NEWBERG SCHOOL DIST
ENACTMENT OF CITY CHARTER NEW TAX BASE
5 YES 13 YES
6 NO 14 NO
Y 7 Overvotes 15 Overvotes
8 Undervotes 16 Undervotes
1......2......3......4 5......6......7......8 9.....10.....11.....12 13.....14.....15.....16
0003 0003 HOPKINS SC 19 10 0 2
0004 0004 TUAL COUNC 63 36 0 6
0012 0012 GRONER SCH 13 19 0 2
0016 0016 METZGER EL 250 133 0 20
0018 0018 EDWARD BYR 196 150 0 6
0024 0024 TUAL COMM 208.... 176...... 1.....32
0029 0029 EDWARD BYR 275 193 0 15
0030 0030 TIGARD COM 213 174 0 20
0031 0031 C F TIGARD 238 187 1 29
0032 0032 C F TIGARD 224 147 0 31
0033 0033 FOWLER JR 263 165 0 18
0034 0034 JAMES TEMP . . 245....162......0.....15
0035 0035 PHIL LEWIS 142 118 0 21
0036 0036 TUALATIN C 103 68 0 14
0040 0040 TWALITY JR 255 175 0 30
0041 0041 SUMMERFIEL 424 193 1 104
0046 0046 M WOODWARD 162 106 0 14
0162 0162 SHERWOOD M . . . 25.. . . .23- .
0170 0170 GRONER SCH 1 3 0 0
0160 0180 SUMMERFIEL 303 167 0 63
0185 0185 PIPERS RUN 33 18 0 1
0189 0189 TUALATIN E 65 31 0 6
0192 0192 MAISON ARM 100 55 0 12
0194 0194 TIGARD COM . . . 123....112......0.....11
0195 0195 DURHAM SCH 223 129 0 23
0203 0203 N P COMM H 92 47 0 16
0213 0213 EDWARD BYR 85 86 0 11
0215 0215 CF TIGARD 155 122 0 14
0217 0217 METZGER EL 81 61 1 11
021 0221 M WOODWARD . . 172....125......1.....16
02?4 0224 FOWLER JR 84 62 0 8
0225 0225 DURHAM SC14 181 108 0 10
0226 0226 M WOODWARD 182 93 0 15
TOTAL 1,028 758 1 91 92 47 0 16 4,020 2,594 4 485 58 55 0 6
1
CITY OF TIGARD, ORBOON
COUNCIL AGENDA ITEM SUMMARY
AGENDA OF: June 11, 1990 DATE SUEMITTED: May 14, 1990
ISSUE/AGENDA TITLE: Approval of .PREVICxJS ACTION: Council Decision
Surface Water Mana ement Agreements r to Participate in SWM Program
with unified Sewera a Acrency USA ` /PREPARED BY: Patrick J. Reilly
DEPT' HEAD OK CTTY ADMIN OK REQUESTED BY:
Payack ISSUE
Shall the City of Tigard participate in the Surface water management (SWM)
Program as outlined in the attached agreement?
INFORMATION SUMMARY
Council reviewed this information at their last meeting at which time Chris
Bowles of USA was present. Mr. Bowles submitted an amended agreement which
included changes suggested by the City of Beaverton. Said changes have been
included in the attached surface water management agreement. The City
Committee agreement was not changed.
In response to the mandated requirements to clean up the Tualatin River, the
City of Tigard has engaged in discussions with USA to develop a County wide SAM
Program.
The attached agreement provides for the surface water management as a shared
responsibility between USA and the City of Tigard. The attached agreement
combines the sanitary sewer and surface water management functions.
Two agreements are attached for Council consideration: the basic agreement for
SWM, and the City Committee agreement. It is essential for the City Council to
adopt the agreement by the end of May in order for the effective date to be
July 1, 1990.
ALTERNATIVES CONSIDERED
FISCAL IMPACT
Initially, there will be a $3/month charge of which the City will receive $2 to
support our local SWM function. Operating expenditures will not exceed
revenue. Details of program implementation are not yet finalized. The local
$1.50 fee will be eliminated.
SUGGESTED ACTION
Staff recommends approval of the attached two agreements and authorization
granted to the Mayor and City Recorder to sign.
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CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUMMARY
LOCAL CONTRACT REVIEW BOARD
AGENDA OF: June 11, 1990 DATE SUBMITTED: 5/31/90
ISSUE/AGENDA TITLE: Bid Award for PREVIOUS ACTION:
Durham Road Improvement Pro ect
PREPARED BY: Gar Alfso 1
DEPT HEAD O CITY ADMIN OK REQUESTED BY:
POLICY ISSUE
Award of construction contract for the Durham Road Improvment Project.
INFORMATION SUMMARY
This project provides for the widening of Durham Road on both sides from
Pacific Highway to Hall Boulevard including pavement, curb, sidewalk, storm
drainage and underground utilities.
Four bids were received as follows:
Copenhagen Utilities, Clackamas $ 1,538,938.15
Coffman Excavation, Oregon City $ 1,567,050.50
Northwest Earthmovers, Tualatin $ 1,567,361.15
Morse Bros., Beaverton $ 1,746,041.40
The Consultant Engineer(D.E.A.) estimate was $ 1,650,000.00
ALTERNATIVES CONSIDERED
1. Award the contract to the lowest responsible bidder.
2. Reject all bids.
FISCAL IMPACT
This project is funded through the Major Streets Bond approved in November
1988.
SUGGESTED ACTION
That the Local Contract Review Board, by motion, authorize the City
Administrator to sign a contract with Copenhagen Utilities, Inc.
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CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUMMARY
LOCAL CONTRACT REVIEW BOARD
AGENDA OF: June 11, 1990 DATE SUBMITTED: 5/31/90
ISSUE/AGENDA TITLE: Bid Award for..,'? PREVIOUS ACTION:
121st Avenue Street Improvement
ro ect PREPARED BY: Gar ec"A
DEPT HEAD O CITY ADMIN OR; % REQUESTED BY:
POLICY ISSUE
Award of construction contract for the 121st Avenue Street Improvement Project.
INFORMATION SUMMARY
This project provides for the widening of 121st Avenue on the east side from
Springwood Drive to Burlheights Drive including pavement, curb, sidewalk, storm
drainage to Fanno Creek and underground utilities. i
Six bids were received as follows:
Eagle-Elsner, Tigard $ 359,995.00
Quality Rock, Beaverton $ 415,096.60
Brundige Const., Boring $ 420,521.35
Copenhagen Util., Clackamas $ 437,273.55
` Oregon Asphalt Paving, Portland $ 498,341.75
Gelco Construction Co., Salem $ 510,022.50
The Consultant Engineer(R.E. Meyer) estimate was $ 375,000.00
ALTERNATIVES CONSIDERED
1. Award the contract to the lowest responsible bidder.
2. Reject all bids.
FISCAL IMPACT
This project is funded through the Major Streets Bond approved in November
1988.
SUGGESTED ACTION
That the Local Contract Review Board, by motion, authorize the City
f. Administrator to sign a contract with Eagle-Elsner,Inc.
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°l CITY OF TIGARD, ORBGON
COUNCIL AGENDA ITEM SUMMARY
AGENDA OF: June 11, 1990 DATE SUBMITTED:
ISSUE/AGENDA TITLE: Approve Municipal PREVIOUS ACTION: Prior Contracts
Court Judge Contracts % At~nroved Fiscal Year 89-90
PREPARED BY: Loreen Edin
DFpT HEAD OK CITY ADMIN OK, i REQUESTED BY: Loreen au
ISSUE
Policy was set by Resolution No. 88-21 to appoint judicial staff members after
negotiating personal services contracts.
INFORMATION SUMMARY
t
The City has been using the services of one Senior Judge and three pro-tem
Judges. Pro-tem Judge Janise Augur has resigned since she is practicing in
Lane County. Until caseload or scheduling issues create a great need for the
third pro-tem Judge, staff is recommending renewal of judicial service
contracts for the Senior Judge and two pro-tem Judges.
The significant change in the contracts from last year is that now the Senior
Judge is paid on an hourly basis rather than a flat monthly rate. The Senior
Judge is paid at a rate of $50/hour. This rate is in line with other
jurisdictions and is consistent with the method used in the past to estimate
budgetary needs for the Senior Judge contract.
ALTERNATIVES CONSIDERED
1. Approve contracts and appoint the following Judges for fiscal year 1990-91:
Anthony Pelay, Jr., Senior Judge
Bruce A. Liebowitz, pro-tem Judge
Michael J. O'Brien, pro-tern Judge
2. Give further direction to staff.
FISCAL IMPACT
1. Budget Committee has recommended sufficient funds in the 90-91 budget for
the judicial staff to handle the anticipated caseload.
SUGGESTED ACTION
Alternative #1 - Motion to approve resolutions.
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CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUMMARY
AGENDA OF: June 11. 1990 DATE SUBMITTED: June 1, 1990
ISSUE/AGENDA TITLES Setting the PREVIOUS ACTION:
final hearing on Pacific Cor or
Center LID PREPARED BY: City Engineer
DEPT HEAD OR ITY ADMIN OR / REQUESTED BY:
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POLICY ISSUE
Shall the Council accept the final engineer's report and set the final hearing
on the Pacific Corporate Center Local Improvement District?
INFORMATION SUMMARY
Final costs have been determined for the Pacific Corporate Center LID. The
final engineer's report is attached. In order to close the LID and spread the
final assessment, it is necessary for the Council to formally accept the final
engineer's report and to set a date for a hearing to consider any objections to
the final assessment roll.
The attached resolution would set the hearing for June 25.
ALTERNATIVES CONSIDERED
1. Adopt the attached resolution setting the hearing for June 25, 1990.
2. Direct that revisions be made to the report or to the assessment roll.
FISCAL IMPACT
All costs will be paid by the LID
SUGGESTED ACTION
Staff recommends adoption of the attached resolution.
dj/ss-pc-fh.RW
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MACKENZIE ENGINEERING INCORPORATED lit NO
0690 S.W. BANCROFT ST. • P.O. BOX 69039 F ; =t ;_iE} )
PORTLAND. OREGON 97201-0039 • (503) 224-9560 • FAX (503) 228.1285
14-1 1990
June 8, 1990
COMMUNITY DEVELOPMENT
City of Tigard
Randall R. Wooley, P.E., City Engineer
P.O. Box 23397
Tigard, OR 97223
RE: Final Engineer's Report
Pacific Corporate Center, L.I.D.
Project Number 189410
Dear Mr. Wooley:
This report includes a brief project summary, the fini,l costs, and assessment by lot,
for the Local Improvement District (L.I.D.)
BACKGROUND
The Pacific Corporate Center (PCC) L.I.D. was formed by Ordinance No. 89-14, May 22,
1989, amended by Ordinance No. 89-28, November 6, 1989. The ordinance ordered street
and utility construction in accordance with the Preliminary Engineer's Report,
directed the request of bid proposals, and set forth the method of assessment and
financing.
CONSTRUCTION
Street and utility construction was in accordance with the asphalt concrete paving
alternative, as shown in the preliminary engineer's report. Construction is being
performed by Clearwater Construction Company, Inc., and will be completed by July 2,
1990.
FINAL COSTS
The final costs of the project are as follows:
Construction $1,549,903.92
Engineering & Inspection 190,567.67
Right of Way 279,692.34
Administration & Legal 60,988.16
Financing 163,082.02
TOTAL COST 2,244,234.11
Randall Wooley
Project Number 189410
June 5, 1990
Page Number 2
FINAL ASSESSMENT
Final assessments have been computed on the basis of square foot lot area. The
assessment roll includes a total of nine benefitted lots, as shown on the approved
plat, current as of the date of this report. The final assessment per square foot
is $0.96. The assessment on each lot is as follows:
Plat Lot Tax Map & Lot No. Lot Area Assessment
Lot 1 2 S1 12 AD 1000 & 1001 3.708 ac. = 161,520 sf. $155,660.68
Lot 2 2 S1 12 DA 800 7.763 ac. = 338,156 sf. 325,888.32
Lot 3 2 S1 12 DA 700 5.406 ac. = 235,485 sf. 226,942.19
Lot 4 2 S1 12 DD 1600 & 2 S1 12 DA 600 5.771 ac. = 251,385 sf. 242,264.78
Lot 5 2 S1 12 DA 500 & 2 S1 12 DD 1400 5.000 ac. = 217,800 sf. 209.898.44
Lot 6 2 S1 12 DA 400 6.200 ac. = 270,072 sf. 260,274.06
Lot 7 2 S1 12 DA 300 3.482 ac. = 151,676 sf. 146,173.27
Lot 8 2 S1 12 DA 200 4.746 ac. = 206,736 sf. 199,235.60
Lot 9 2 S1 12 AD 900 11.384 ac. = 495,887 sf. 477,896.77
The owner of record of these parcels is: Pacific Realty Associates, L.P.
dba PacTrust
111 S.W. Fifth Avenue, Suite 2950
Portland, Oregon 97204
Assessments should be directed to the attention of Richard Buono, Vice-President at
the above address.
On behalf of Mackenzie Engineering Incorporated, I would like to thank you for the
opportunity to work with you and the City staff.
Please call if you have any questions or require further information.
Sincerel ,
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David G. Larson, P.E.
Project Manager
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CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUMMARY
AGENDA OF: June 11, 1990 DATE SUBMITTED:
ISSUE/AGENDA TITLE: Projects for PREVIOUS ACTION:
1990-91 Streets CIP
PREPARED BY: C E11~11,lee '
DEPT HEAD Of CITY ADMIN OK/ REQUESTED BY:-~
POLICY ISSUE
Selection of projects for 1990-91 Streets CIP.
INFORMATION SUMMARY
The 1990-91 budget approved by the Budget Committee includes $812,624 for street
projects. Of this amount, $186,624 is needed for current projects in progress that
will not be completed by the end of the current fiscal year. The remaining $626,000
is available for new projects.
The Transportation Advisory Committee has adopted its recommendation for the new
projects to be funded, as shown on the attached sheet.
Completion of design and right of way acquisition is proposed for the project to
improve the intersection of Pacific Highway and 72nd Avenue. It is anticipated that
construction funding would then be provided in the following year.
The Committee has recommended installation of traffic signals in two locations.
Fourteen unsignalized intersections in Tigard currently meet signal warrants. Signal
installation is already funded at eight of these intersections under various state
and city projects. Of the remaining six intersections, the two locations selected by
the Committee have the highest traffic volumes and highest accident history. A
signal at Durham/92nd intersection was also the first priority recommended by the
Special Transportation Advisory Task Force (the Twality student group recently
appointed).
The funding for a rubberized crossing on Upper Boones Ferry Road assumes that the
Southern Pacific and PacTrust will also participate in the cost of the crossing
improvements.
A large share of this year's budget is recommended for the major pavement
maintenance program. All of the anticipated revenue from increases in the state gas
tax would be used for major maintenance. This will provide a big step in catching up
on the repairs and overlays needed to preserve our existing street pavements.
ALTERNATIVES CONSIDERED
1. Approve the projects recommended by the Transportation Advisory committee for
inclusion in the 1990-91 budget document.
2. Approve a revised list of projects.
FISCAL IMPACT
{ SUGGESTED ACTION
Approval of the Committee's recommendation.
dj/ss-cip91.RW
i
May 24, 1990
TRANSPORTATION ADVISORY COMMITTEE
RECOMMENDATION FOR 1990-91 STREETS C.I.P.
NEW PROJECTS:
Pacific Highway/72nd Avenue Intersection, Phase 1 $ 75,000
(construction drawings and right of way)
Bonita/72nd traffic signal 110,000
Durham/92nd traffic signal 110,000
Upper Boones Ferry Rd. railroad crossing improvement 10,000
305,000
MAJOR PAVEMENT MAINTENANCE:
128th Avenue Overlay (Walnut to Katherine) 35,000
81st Avenue Overlay (Bonita to Ross) 15,000
Sattler Street reconstruction (91st to 96th) 65,000
Major repairs & thin overlays 206,000
(per priority ratings from Pavement Management
System)
$ 321,000
rw/TAC-CIP2
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CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUMMARY
AGENDA OF: June 11, 1990 DATE SUBMITTED: May 30, 1990
ISSUE/AGENDA TITLE: Computerized REVIOUS ACTION: None
Police Records
PREPARED BY: Ron Goodpaster
DEPT HEAD OK J~g CITY ADMIN O REQUESTED BY: Ron Goodpaster
POL CY ISSUE
Should the Tigard Police Department computerize its records?
INFORMATION SUMMARY
Presently most all records are kept manually and other records that should be
kept cannot be because of the lack of a computerized records management system.
Present manual records system is extremely time consuming, difficult to
retrieve information from, and incomplete.
ALTERNATIVES CONSIDERED
1. Continue manual records management system.
2. Computerize records system and purchase recommended software.
i
FISCAL IMPACT
Long-term personnel cost savings in using a computer to maintain records rather
than manually. More efficient use of records personnel.
SUGGESTED ACTION
Computerize the Police records system and purchase the necessary recommended
software.
.c
CITY OF TIGARD, OREGON
` COUNCIL AGENDA ITEM SUMMARY
AGENDA OF: June 11, 1990 DATE SUBMITTED: 5/31/90
ISSUE/AGENDA TITLE: Merestone PREVIOUS ACTION: None
subdivision - Greenwa
conveyance VA, I d
/ PREPARED BY: Keith Liden
DEPT HEAD OK CITY ADMIN OK REQUESTED BY:
P C ISSUE
Should the Council convey a portion of a dedicated open space area to
an abutting property owner?
INFORMATION SUMMARY
When Merestone Subdivision was platted, an open space parcel (Tract "A")
was to be dedicated which corresponded approximately with the 100 year
flood plain boundary of Summer Creek. This tract also includes a 10
foot wide access strip between Lots 9 and 10 of the subdivision (see
attached map).
The owner of Lots 9 and 10 has requested that the intervening 10 foot
access strip be combined with Lot 10. The staff recommends approval of
this transfer because the Park Board has recommended favorably, the path
to be built along Summer Creek will be on the south side of the Creek,
and the 10 foot strip has not been improved. It is recommended that the
existing utility easement which applies to all of Tract "A" be retained.
ALTERNATIVES CONSIDERED
1. Approve the attached resolution approving the transfer of the 10
foot access strip to Lot 10 of Merestone Subdivision
2. Modify and approve the attached resolution
3. Deny the request and direct staff to prepare a corresponding
resolution
FISCAL IMPACT
The applicant has submitted a $300 fee for processing this request.
SUGGESTED ACTION
Approve the attached resolution.
br/Summ.kl '
CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUMMARY
Agenda of: June 11, 1990 Date Submitted: May 11,1990
Issue/Agenda Title: Building Previous Action: None
Code Services Agreement for and
with the City of King City ^
pared By: Brad Roast
Dept. Head O ity Admin O Vequested By: Brad Roast
POLICY ISSUE
Should the City enter into an agreement to provide building inspection services
for the City of King City?
INFORMATION SUMMARY
King City has requested this service. Tigard has provided this service for more
than ten years. The agreement would continue services already provided by
Tigard. The fees paid to Tigard for the services are the same as those
collected for building code services in Tigard, and cover all costs incurred
by Tigard.
ALTERNATIVES CONSIDERED
1. Approve the attached resolution giving the Mayor authority to execute the
agreement with King City as described in Exhibit "A".
2. Disapprove the attached resolution giving the Mayor authority to execute the
agreement with King City as described in Exhibit "A".
FISCAL IMPACT
None. No change in the fee structure would occur as a result of this action.
SUGGESTED ACTION
Approve the attached resolution giving the Mayor the authority to execute the
agreement with King City as described in Exhibit "A".
Permit Activity in Ring City for:
C- 88-89
Commercial Building Permits Issued - 4
Residential Building Permits Issued - 8 (Alterations)
Plumbing Permits Issued - 5
Mechanical Permits Issued - 9
89-90 (YTD)
Commercial Building Permits Issued - 2
Residential Building Permits Issued - 7 (Alterations)
Plumbing Permits Issued - 3
Mechanical Permits Issued - 13
l,_
RESOLUTION NO. R-90-5
A RESOLUTION ADOPTING AN AGREEMENT FOR THE CITY OF TIGARD TO PROVIDE BUILDING
INSPECTIONS WITH AND FOR THE CITY OF KING CITY, AND RESCINDING RESOLUTION NO.
118.
WHEREAS, the City of King City wishes the City of Tigard to provide
building inspection services; and
WHEREAS, the City of Tigard has competent personnel to provide the
services;
NOW, THEREFORE, BE IT RESOLVED by the City of King City that:
Section 1: Resolution No. 118 be rescinded.
Section 2: The attached Building Code Services Agreement, Exhibit "A", shall
be adopted as Resolution No. R-90_.5_.
Section 3: The Mayor and City Recorder are authorized by the City Council to
execute Exhibit "A".
PASSED by the City Council of King City and signed by me in authentication
of its passage this 2nd_ day of May , 1990.
CITY 0 KING CITY, OREGON
By ~'Gt4
"Ma f or
Attest:
By
&Zee~2~
City Recorder
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CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUMMARY
AGENDA OF: 6/11/90 DATE SUBMITTED: 5/31/90
ISSUE/AGENDA TITLE: Bellwood - PREVIOUS ACTION: None
Aff-V Morning Hill Greenwa
conveyance
i PREPARED BY: Keith Liden
DEPT HEAD OK CITY ADMIN OK REQUESTED BY:
POL C ISSUE
Should the Council convey a portion of a dedicated open space area to
an abutting property owner.
INFORMATION SUMMARY
When Bellwood No. 3 and Morning Hill subdivisions were platted, open
space tracts were dedicated adjacent to a drainageway and wetland area
that runs generally north and south and crosses Katherine Street.
Recently, the Wetlands Conservancy purchased a parcel which lies between
open space Tract "E" of Bellwood No. 3 subdivision to the north and open
space Tract "AA" of Morning Hill subdivision No. 6 to the south (see
attached map). The Wetlands Conservancy has proposed the exchange of
a flood plain parcel on Fanno Creek near Grant Street (see attached map)
for Tracts "E" and "AA". The Wetlands Conservancy would then manage the
three contigous parcels as wetland habitat. The Grant Street parcel
represents a necessary component of the Fanno Creek Greenway which is
contemplated in both the City Comprehensive Plan and the Park Plan.
This parcel will allow the eventual construction of a pedestrian/bicycle
path along the Creek.
Since public notice is required, other proposals, in addition to the
Wetlands Conservancy's, may be submitted at or before the Council
hearing. Proposed documents to excecute the transfer between the
Wetlands Conservancy and the City are attached. The staff recommends
approval of the transfer because the Katherine Street drainageway is not
an element of the City's plans for parks or open space, the Park Board
recommends approval of the transfer, and the addition of the Grant
Street parcel will contribute a necessary segment for the Fanno Creek
greenway.
ALTERNATIVES CONSIDERED
1. Approve the attached resolution approving the transfer of Tract "E"
and "AA" to the Wetlands Conservancy in exchange for the Grant
Street parcel.
2. Modify and approve the attached resolution
3. Deny the request and direct staff to prepare a corresponding
resolution
FISCAL IMPACT
The City will no longer be responsible for maintaining Tracts "E" and
"AA" which are not part of the open space system and the Grant Street
will be acquired at no cost.
SUGGESTED ACTION
f Approve the attached resolution.
br/Summ.kl
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6
BARGAIN AND SALE DEED
KNOW ALL MEN BY THESE PRESENTS that the City of Tigard,
hereinafter called grantor, for the consideration hereinafter
stated, does hereby grant, bargain, sell and convey unto the The
Wetlands Conservancy, Inc., hereinafter called grantee, and unto
grantee's heirs, successors and assigns all of that certain real
property with the tenements, hereditaments and appurtenances !
thereunto belonging or in anywise appertaining, situated in the
County of Washington, State of Oregon, described as follows, to
wit:
See Parcels 1 and 2 described in Exhibit "A",
attached hereto and incorporated herein by
reference.
To Have and to Hold the same unto the said grantee and
grantee's heirs, successors and assigns forever, so long as said '
property is dedicated to, used for, and maintained as wetlands and
open space. When said property is no longer so used, the interest
of the grantee, its successors or assigns shall automatically
terminate and revert to the grantor, its successors or assigns. i
The true and actual consideration paid for this transfer,
stated in terms of dollars, is $-0-. However, the actual
consideration consists of or includes other property or value given
or promised which is the whole consideration. Such consideration
includes the covenant of Grantee, its successors and assigns, that
the land conveyed hereby shall be preserved, in perpetuity, as
Wetlands and open space. This covenant shall be appurtenant to and
run with the land conveyed hereby and shall benefit grantor, its
successors and assigns.
In construing this deed and where the context so requires,
the singular includes the plural and all grammatical changes shall
be implied to make the provisions hereof apply equally to
corporations and to individuals.
THIS INSTRUMENT WILL NOT ALLOW USE OF THE PROPERTY DESCRIBED
IN THIS INSTRUMENT IN VIOLATION OF APPLICABLE LAND USE LAWS AND
REGULATIONS. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE
PERSON ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH THE
APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY APPROVED
USES.
IN WITNESS WHEREOF, the grantor has executed this instrument
on this day of 1990.
GRANTOR:
( THE CITY OF TIGARD j
By:
Authorized Representative
Page 1 - BARGAIN AND SALE DEED
STATE OF OREGON )
ss.
County of )
The foregoing instrument was acknowledged before me this
day of , 1990, by
as Authorized Representative of the City of Tigard.
Notary Public for Oregon
(NOTARIAL SEAL) My Commission Expires:
AFTER RECORDING, RETURN TO: SEND ALL TAX STATEMENTS TO:
Kenneth M. Elliott John W. Broome
O'Donnell, Ramis, Elliott & Crew P. O. Box 1195
Attorneys at Law Tualatin, Oregon 97062
1727 NW Hoyt Street
Portland, OR 97209
i
orec\tigard\coft.bs2/dd
Page 2 - BARGAIN AND SALE DEED
EXHIBIT A
Parcel - 1 Described as Tract "E", BELLWOOD NO. 3, Washington
County Assessor's Map 2S1 4AA, NE 1/4 NE 1/4 Section
4, T2S, RiW, City of Tigard, Washington County,
Oregon, as depicted by map on page A-2, attached and
incorporated by reference herein.
Parcel - 2 Described as Tract "AA," MORNING HILL NO. 6,
Washington County Assessor's Map 2S1 4AB, Section
4, T2S, RIW, City of Tigard, Washington County,
Oregon, as depicted by map on page A-3, attached and
incorporated by reference herein.
orec\tigard\exhibit.a/dd
EXHIBIT A
r
NE 1/4' NE 1/4 SECTIC
WASHINGTON C
SCALE I "
SEE MAP
• IS I 33DD
• 5 89°48'40 E
9800 '"9700 •9600 9560 9400 W9300o 7200 7300
bn M TRACT' G'h o
118 117 6 h OPEN -N REAQ 115 114 a O W =
as o • g Qo = c~ 113 00 112
s
_ z Rsl Z 10
59.74 26 3fx,7,g 35.25 15.76 49.26 82.43 71.30 I 6L78 W 65 75
4T' It S .w KATHERINE ST. Q S. W.
39,74 .31 E1+Z10. A%
• 8 4234 47.67 - 7x44 " 7851 68.41 R.
03 : 4113 J 63 75
9900
10000 10100 02.0,0' 10300 10400 1O 7100 7000
;rb .1
• ` , ° 1 19 i° o TRAGT ~ ° N
120
• _ o 121 OPEN AR - 122 = 123 N P 92 o s 91
' 0 N O.
• 6 ( v 69.41 75
108 109. , Ito 16 20 M .12 62.30 a 13
101.ee
05 Ac .06SC. O 6S C• M 10500 N 14300 1
65 1 75 120 124 e 162 e s 's~
107
.12AC. a N 77°SO' ^ 1oq i 6100 3i
40
102 q6`w N
75 2.68Ac. 10600 A 142 82
161 1 ~
1 Q6 a S 1250.., 9.90
.18Ac. x 1/ 3 46 O
8
• . • ° ,
14100 .
10700 f-Z N 6000
C ° N 81
126 160 ^ N
75 3:-- 8 4h 1~.>z
3d E
• 8 N 85°51• u
405
.32Ac. 'm 10800 14000 5900
• - .32
• r
• - Q 127 \ 159 _ n
b
' w $ C 80 0 O
SEE IvAP R
2S 1 4A8 13900
- 10900 158 5
N WETLANDS 8 i 128
'D OPEN SPACE o ( o 1400 =
R _ I
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75.44 13800 63 -
O
11000 ^ 157 w
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c° D 1300 OB4 b61
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,
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13600 : 100 w
100 "•77°~ q6-k. 2
°
11200 L ~ 155 s 61 50
131
EXHIBIT A e
N 120.00 i '
p. A- `1'6 1#3.C3 4 04.$3 1100 '7 40„ ~ «
now
C
6100
90 see MAP
78 79 m 80 i 96.95 ~ 2S 1 4AA
59 T8° 26' 69.:17 63.79 S 53pO "6~d0
14. 0 89 t t lqN& li
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6S 65 q : I, %.ZI ttO
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116.82 113.39 i
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CV 23 75 9100:
k?. 9900 9800 ' n ZO - ; =kr
t' 12g "0 127'
rl , 1 9.49 9000 .
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•~b a~•t 45 -r ryy 1~-. 119 i s
38.12
R.23O S-~ RF ET.-
too'
R*2T3' !itt
'tVISH
4 20 42.419. S900 r+'°•!
N tS8.9T 70 00 t24 p0 4 c Y 118 t 7
3
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• 1220Q . t2 0 153 N U) : N 6.6
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' N e~°"'" 7a.4s FOR AS'2 ONLY FOR ANY
70' . SID' To HERVSE NOT
EXU,51T F'
A-3
Parcel 2.
BARGAIN AND SALE DEED
KNOW ALL MEN BY THESE PRESENTS that The Wetlands Conservancy,
Inc., hereinafter called grantor, for the consideration hereinafter
stated, does hereby grant, bargain, sell and convey unto the City
of Tigard, hereinafter called grantee, and unto grantee's heirs,
successors and assigns all of that certain real property with the
tenements, hereditaments and appurtenances thereunto belonging or
in anywise appertaining, situated in the County of Washington,
State of Oregon, described as follows, to wit:
See Exhibit "A", attached hereto and
incorporated herein by reference.
To Have and to Hold the same unto the said grantee and
grantee's successors and assigns forever, for public park and
greenway use.
The true and actual consideration paid for this transfer,
stated in terms of dollars, is $-0-. However, the actual
consideration consists of or includes other property or value given
or promised which is the whole consideration.
In construing this deed and where the context so requires,
the singular includes the plural and all grammatical changes shall
be implied to make the provisions hereof apply equally to
C corporations and to individuals.
THIS INSTRUMENT WILL NOT ALLOW USE OF THE PROPERTY DESCRIBED
IN THIS INSTRUMENT IN VIOLATION OF APPLICABLE LAND USE LAWS AND
REGULATIONS. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE
PERSON ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH THE
APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY APPROVED
USES.
IN WITNESS WHEREOF, the grantor has executed this instrument
on this day of , 1990.
GRANTOR:
THE WETLANDS CONSERVANCY, INC.
JOHN W. BROOME
President
The Wetlands Conservancy, Inc.
Page 1 - BARGAIN AND SALE DEED
STATE OF OREGON )
)ss.
County of )
The foregoing instrument was acknowledged before me this
day of , 1990, by JOHN W. BROOME, President of
THE WETLANDS CONSERVANCY, INC.
Notary Public for Oregon
(NOTARIAL SEAL) My Commission Expires:
AFTER RECORDING, RETURN TO: SEND ALL TAX STATEMENTS TO:
Kenneth M. Elliott City of Tigard
O'Donnell, Ramis, Elliott & Crew P. O. Box 23397
Attorneys at Law Tigard, Oregon 97232
1727 NW Hoyt Street
Portland, OR 97209
orec\tigard\coft.bs1/dd
Page 2 - BARGAIN AND SALE DEED
EXHIBIT A
Approximately .78 acres at the intersection of Fanno Creek and S.W.
Grant Avenue, Tigard, Oregon, Tax Lot 1501, previously part of Lot
13, North Tigardville Addition, N.W. 1/4 of Section 2, T2S, R1W,
Willamette Meridian, Washington County, Oregon, Assessors Map 2S1
2BA, and as depicted by map on page A-2, attached and incorporated
by reference herein.
orec\tigard\exhibit.a1/dd
y
EXHIBIT A-1
tom.
a
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0
r N 2.43; o'atga ..y Biggs ~syt
' ^ n N600 J t , G
4
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~ ~ AV 64Py ~p at
f 2ayc e
3 3640 30 v +~Or ~y~ o ~o = tCS.No,117011 40 :CRNo~T e9s _
b of to o v' 6T i'
A f r O N ~N
II O L ~
O 500 +h` gOO
C b / 7
43A C of o 'e ..55Ae. 901
CIO
1034 Ac
e' q 80 p0 b b
60 IT
tgO.O x ry ~
A } a0,2 O Y h 9?, }mil 4
A. .1 J) 4• g
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s' 7t c s 1 a ~R
3 d~Ois. 7015A FF,r
45 c3V~'Wa• , ~~e 1 400 t"' J
> ta!"' 7 150`' Isa M 3.T3Ac. r
,10 00 r e~
v ^ .28Ac.iOJ °
1 y~ Q4 'Ac. N°sqs (C.5.No.11'aa2'••~
' T~ ~ 1601 qo y, Iso . d
j.04 Ac• 6.. 1200
1 .w 3.1oAc
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Ay ?=J °y ls~ iI
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1. r° ti EXHZgIT A-2 .4.
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0
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Jphn~ zI
i
CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUMMARY
AGENDA OF: June 11, 1990 DATE SUBMITTED: May 31, 1990
ISSUE/AGENDA TITLE: Repeal of 1POLI PREVIOUS ACTION: March 12, 1990
dent's Parkwa Plan
PREPARED BY: Ed Muriphy
DEPT HEAD OR CITY ADMIN OK REQUESTED BY:
ISSUE
c
Should the ordinance adopting the President's Parkway Development Plan be
i
repealed?
r
t
INFORMATION SUMMARY t
The President's Parkway Development Plan was adopted by the City Council on
March 12th, and referred to the voters as required by the City Charter. On May
15th, the voters rejected the Plan.
ALTERNATIVES CONSIDERED
4
t
The City Council may either repeal, or not repeal, the ordinance which approved
the President's Parkway Development Plan. The Plan cannot be implemented now i
that the voters have rejected it; and it is unlikely that the Plan will be
resubmitted to the voters, at least not without major modifications.
Repealing the ordinance would clarify the status of the President's Parkway
Development Plan.
FISCAL IMPACT
i
f
No impact, whether the Ordinance is repealed or not.
SUGGESTED ACTION
It is recommended that the City Council repeal Ordinance No. 90-07, which
approved the President's Parkway Development Plan.
ejm/prespark.cc
C.%
CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUMMARY
AGENDA OF: June 11, 1990 DATE SUBMITTED: May 30, 1990
ISSUE/AGENDA TITLE: Latecomer's PREVIOUS ACTION: None
Reimbursement ordinance
1-7 PREPARED BY: Ed Murphy
DEPT HEAD WWI' CITY ADMIN OK/ REQUESTED BY:
POLICY ISSUE
Should the City Council adopt an ordinance which would allow developers to
recapture a portion of costs of installing public improvements from other
benefitting property owners? Such an ordinance would allow would establish a
formal procedure under which a developer (including the city) could install
street, water and sewer improvements, and be reimbursed from property owners
who utilize those improvements, when and if they ever do utilize the
improvements.
INFORMATION SUMMARY
From time to time the City is requested to establish an administrative system
wherein developers may get reimbursed from adjacent benefitting property owners
who utilize public improvements originally installed by the developer. These
systems are usually established formally through a "latecomer's", or "advance
financing" ordinance, essentially like the one attached.
Currently the City has a system, but it is administered on a case-by-case
basis. There is no overall "enabling" ordinance. The current method is
cumbersome and obscure; there is no provision for an interest charge or an
administrative charge; or the establishment of a prescribed time period.
An ordinance has been prepared by the City Attorney's office that would
establish a formal system.
ALTERNATIVES CONSIDERED
1. Adopt the attached ordinance as proposed.
2. Adopt the attached ordinance as modified by the City Council.
3. Ask staff to do further analysis or research, and bring back a modified
ordinance.
4. Do not adopt the ordinance.
FISCAL IMPACT
There may be two impacts:
1. Administration of the Ordinance. The City would need to keep track of
connections within the advance financing district, and reimburse the
original developer. The proposed ordinance allows for a fee equal to 10%
of the amount collected to be imposed to cover administrative costs.
2. The City may, on occasion, act as the "developer" itself, extending a
street or sewer line and wishing to be reimbursed for that cost. This
ordinance would establish the procedures under which the City may "front
end" the costs of public improvements, and be reimbursed for those costs
at a later date.
SUGGESTED ACTION
It is recommended that the City Council adopt the attached Latecomer's
Reimbursement ordinance.
ejm/advancef.ord
CITY OF TIGARD
ORDINANCE NO.
AN ORDINANCE PROVIDING FOR ADVANCE FINANCING AND REIMBURSEMENT OF
STREET IMPROVEMENTS, WATER LINE EXTENSIONS AND SEWER LINE
EXTENSIONS
WHEREAS, the City may require or agree that a property developer
shall construct street, water and sewer improvements which benefit
adjacent property owners and relieve those adjacent property owners
of installing such improvements; and
WHEREAS, the City Council finds it equitable to impose a connection
charge on adjacent property owners who are benefited by such
street, water and sewer improvements; and
WHEREAS, the City Council finds that using such connection charges
to provide reimbursement to the developer who installed street,
water and sewer improvements encourages such improvements to be
made in a uniform and planned manner; now, therefore:
THE CITY OF TIGARD ORDAINS AS FOLLOWS:
section 1. The Tigard Municipal Code shall be amended by adding
Chapter 13.08 to read as follows:
13.08.010 Definitions.
(1) City Engineer or Engineer. The person holding
the position of City Engineer or any officer or employee
designated by that person to perform duties stated within
this ordinance.
(2) City. The City of Tigard.
(3) Person. A natural person, the person's heirs,
executors, administrators, or assigns; a firm,
partnership, corporation, association or legal entity,
its or their successors or assigns; and any agent
employee or any representative thereof. Unless the
context clearly indicates otherwise, person shall not
mean the City of Tigard.
Ordinance No.
Page 1
(4) Street or Street Improvements. Conforming with
l standards in the Tigard Community Development Code and
including but not limited to streets, storm drains,
curbs, gutters, sidewalks, bike paths, traffic control
devices, street trees, lights and signs and public right-
of-way.
(5) Water or Water Line Improvements. Conforming
with standards in the Tigard Community Development Code
and including but not limited to extending a water line
adjacent to property, other than property owned by the
person, so that water service can be provided for such
other property without further extension of the line.
(6) Sewer or Sewer Line Improvements. Conforming
with standards in the Tigard Community Development Code
and including but not limited to extending a sewer line
adjacent to property, other than property owned by the
person, so that sewer service can be provided for such
other property without further extension of the line.
(7) Zone of Benefit. The area which is determined
by the City Council to derive a benefit from the
construction of street, water or sewer improvements,
which is financed in whole or in part by a person or the
City and includes property, which abuts the street, water
or sewer improvement, utilizes the street, water or sewer
improvement or has the opportunity to utilize such an
improvement. Street, water and sewer improvements must
be greater than those which would otherwise ordinarily
be required in connection with an application for permit
approval in that they relieve adjacent property owners
of installing such improvements. Examples include but
shall not be limited to full street improvements instead
of half street improvements, off site sidewalks,
connection of street sections for continuity, extension
of water lines and extension of sewer lines.
(8) Recovery Agreement Connection charge or
Connection Charge. The fee required to be paid by
Council resolution and the recovery agreement. The
Council resolution and recovery agreement shall determine
the boundaries of the zone of benefit and shall determine
the methodology for imposing a fee which considers the
cost of reimbursing another person for financing the
construction of a street, water line or sewer line within
the zone of benefit.
Ordinance No.
Page 2g
F
i
13.08.020 Formation of the Zone of Benefit.
(1) Any person who is required or chooses to
finance some or all of the cost of a street, water or
sewer improvement adjacent to property, other than
property owned by the person, so that the owner of
adjacent property is thereby relieved of such
requirement, may, by written request filed with the City
Engineer, request that the City establish a zone of
benefit. The City may also initiate formation of a zone
of benefit.
(2) The City Engineer shall review a request for
the establishment of a zone of benefit and evaluate
whether a zone should be established. The Engineer may
request the submittal of relevant information from the
person making the request in order to assist in the
evaluation. The Engineer shall prepare a written report,
for the city council considering and making
recommendations concerning the following factors: E,
(a) whether the person making the request has
financed, or has been required to finance some
or all of the cost of a street, water or sewer
improvement and thereby provided an adjacent
property with improvements which would
otherwise be required of the adjacent property;
(b) the area of the zone of benefit, the zone
formation date, and the date when the right of
reimbursement ends. The date when the right
of reimbursement ends shall not extend beyond
ten years from the zone formation date, except
that the City Council may, by resolution,
authorize up to two five-year extensions of
said deadline, at the Council's option;
(c) the actual cost of the street, water or
sewer improvements within the area of the
proposed zone of benefit and the portion of the
cost for which the person making the request
should be reimbursed;
(d) a methodology for spreading the cost among
the parcels within the zone of benefit and
where appropriate defining a "unit" for
applying the connection charge to property
which may with approval be partitioned,
altered, modified, or subdivided at some future
date. The methodology shall consider the cost
Ordinance No.
Page 3 "
t
t
of the improvements, prior contributions by
adjacent property owners, the value of the
unused capacity, rate-making principles
employed to finance public improvements, and
other relevant factors as deemed relevant by
the City Engineer;
(e) the annual percentage rate which shall be
applied to the connection charge on the !
anniversary date of the reimbursement agreement
as a return on the investment for the person
or the City. The percentage rate shall be
fixed and determined by the Council and
computed against the costs as spread among the
parcels within the zone of benefit.
(3) The cost to be reimbursed to the person making
the request shall be limited to the cost of construction,
including the acquisition and condemnation costs of
acquiring additional right-of-way, the cost of permits,
engineering and legal expenses, and the annual percentage
increase fixed and determined by the Council.
(4) The portion of the cost to be refunded shall
be computed by the City on all properties which abut or
are adjacent to the improvements, including the property
of the applicant for formation of a zone of benefit. The
applicant for formation of the zone of benefit shall not
be reimbursed for the amount of the improvement costs
computed on the property developed by the applicant. r
(5) The Council shall approve, reject or modify the
recommendations contained in the City Engineer's report.
The Council's decision shall be embodied in a resolution.
If a zone of benefit is established the resolution shall
include the City Engineer's report as approved or
modified, and specify that payment of the recovery
agreement connection charge, as designated for each
parcel, is a precondition of receiving City permits
applicable to development of that parcel as provided for
in Section 13.08.030.
(6) The City Recorder shall cause a copy of the
resolution establishing a zone of benefit to be filed in
the office of the County Recorder so as to provide notice
to all affected property owners. Said recording shall
not create a lien. Failure to make such a recording
shall not affect the legality of the resolution or the
obligation to pay the recovery agreement connection
charge.
F
li
Ordinance Yo.
Page 4
"si
(7) The City Recorder shall also notify all affected
property owners by mailing to them at their last known address
a copy of the resolution.
(8) An affected property owner may petition the City
Council for a hearing at which the Council will consider and
rule upon any objections to the zone of benefit charge.
(9) No petition or other legal action intended to
contest the connection charge, including the amount of
the charge designated for each parcel, shall be filed
after 60 days following adoption of a resolution
establishing a zone of benefit.
13.08.030 Obligation to Pay Recovery Agreement Connection Charge.
(1) An owner of property within any zone of benefit
shall pay to the City, in addition to any other
applicable fees and charges, the recovery agreement
connection charge established by the Council, together
with the accrued interest rate, if within ten (10) years
from the zone formation date or within the time specified
in the resolution establishing the zone, the owner
applies for and receives approval from the City for any
of the following activities:
(a) A building permit for a new building,
(b) A building permit for any addition,
modification, repair or alteration of a
building, which exceed twenty-five percent
(25%) of the value of the building within any
12-month period. The value of the building
shall be the amount shown on the most current
records of the County Department of Assessment
and Taxation for the building's true cash
value. This paragraph shall not apply to
repairs made necessary due to damage or
destruction by fire or other natural disaster,
(c) Any alteration, modification or change in
the use of real property, which increases the
number of parking spaces required under the
Tigard Community Development Code in effect at
the time of permit application,
(d) Connection to the water line, if the water
line is subject to a recovery agreement
connection charge,
Ordinance No.
$ Page 5
(e) Connection to the sewer line, if the sewer
line is subject to a recovery agreement
connection charge.
(f) Connection to a street, if the street is
subject to a recovery agreement connection
charge.
(2) The City's determination of who shall pay the
recovery agreement connection charge is final. Neither
the City nor any officer or employee of the City shall
be liable for payment of any recovery agreement
connection charge, accrued percentage rate, or portion
thereof, except that the City will be responsible to pay
any charge levied against property owned by the City and
located within the zone of benefit. An applicant for the
formation of a zone of benefit shall agree to defend and
indemnify the City from any claims arising as a result
of or related to the City's approval of the application.
(3) The right of reimbursement is assignable and
transferable after written notice is delivered to the
City, advising the City to whom future payments are to
be made.
(4) The City shall establish separate funds for
each zone of benefit. Upon receipt of a connection
charge, the City shall cause a record to be made of that
property's payment and remit the charge to the person who
requested establishment of the zone of benefit or their
assignee, less an amount equal to ten percent (10%) of
the charge for administration of the agreement by the
City.
(5) No person shall be required to pay the recovery
agreement connection charge on an application or upon
property for which the connection charge has been
previously paid, unless such payment was for a different
type of improvement. No permit shall be issued for any
of the activities listed in subsection 13.08.030(1)
unless the recovery agreement connection charge, together
with any accrued interest, has been paid in full. Where
approval is given as specified in subsection
13.08.030(1), but no permit is requested or issued, then
the requirement to pay the recovery agreement connection
charge lapses if the underlying approval lapses.
13.08.040 Applicability.
(1) Application for formation of a zone of benefit
may be made at any time but shall be made no later than
Ordinance No.
Page 6
three months after completion and acceptance of the
street, water or sewer improvements.
(2) A person whose property is subject to payment
of a recovery agreement connection charge receives a
benefit from the construction of street improvements,
regardless of whether access is taken or provided
directly onto such street at any time. Nothing in this
ordinance is intended to modify or limit the authority
of the City to provide or require access management.
(3) The recovery agreement connection charge is not
intended to replace or limit, and is in addition to, any
other existing fees or charges collected by the City.
Section 2. Severability. The sections of this ordinance are
severable. In the event any portion or provision is held to be
unenforceable or invalid by any court of competent jurisdiction,
the remainder of this ordinance shall remain in full force and
effect and shall in no way be affected or invalidated thereby.
PASSED AND APPROVED this day of , 1990.
Gerald R. Edwards, Mayor
ATTEST:
Catherine Wheatley, City Recorder
APPROVED AS TO FORM:
City Attorney
Date
mmAt i gardVei mburs. ord
Ordinance No.
Page 7