City Council Packet - 01/14/1992 Elam
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CITY OF TIGARD
. OREGON
h AGENDA
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 1
a future Agenda by contacting either the Mayor or
the City Administrator.
• STUDY SESSION (6:30 PM)
1. BUSINESS MELTING (7:30 PM)
1.1 Call to Order - City Council & 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. VISIT OR'S AGENDA (Terto 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: December 10 & 17, 1991
3.2 Receive and File: Council Calendar
3.3 Approve Appropriation of Insurance Proceeds - Resolution No. 92-_
3.4 Approve Budget Appropriation for Oregon Department of Transportation Safety Grant -
ReSUiutiui i Nio. 92-~~ ;
3.5 Approve Appointmannts to Neighborhood Planning Organizations - Resolution No. 92-.0
3.6 Approve Reappointment to Neighborhood Planning Organization No. 5 - Resolution No.
92-
4. STATE OF THE CITY ADDRESS
• Mayor Edwards ,
COUNCIL AGENDA - JANUARY 14, 1992 - PAGE 1
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5. EXECUTIVE SUP Oil AR'Y
• City Administrator
6. CONSIDER ORDINANCE DISSOLVING COUN T Y ROAD LEVY FUND - Ordinance No. 92- No
• Finance Director
7. NON'-AGENDA ITEMS
8. EXECUTIVE SESSION: The Tigard City Council will go into Executive Session under the
provisions of ORS 192.650 (1) (d), (e), & (h) to discuss labor relations, real property
transactions, current and pending litigation issues.
9. ADJOURNMENT
cca0114.92
COUNCIL AGENDA JANUARY 14, 1992 - PAGE 2
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Council Agenda Item
C T I G A R D C I T Y C O U N CI L
ARM
MEETING MINUTES - JANUARY 14, 1992
0-0
• Meeting was called to order at 6:48 p.m. by Mayor Edwards.
1. ROLL CALL
Council Present: Mayor Jerry Edwards; Councilors Valerie
Johnson, Jack Schwab, and John Schwartz. Staff Present:
Patrick Reilly, City Administrator; Loreen Edin,
Administrative Services/Risk Manager (present for Study
Session only); Ed Murphy, Community Development Director; Tim
Ramis, Legal Counsel; Catherine Wheatley, City Recorder; and
Randy Wooley, City Engineer.
STUDY SESSION
Administrative Clarification - Solid Waste Ordinance Amendment
Council consensus was that it was their understanding of the Solid
Waste Ordinance Amendment (Ordinance No. 91-36) that a builder
would be able to contract out the clean up (janitorial work) and
removal of construction debris. Administrative rules will be
written for clarification of this section of the ordinance.
Council Candidates
City Administrator advised that two persons have filed petitions
for Council Position No. 3 for the March 24, 1992, election. Those
persons are Judy Fessler and Jim Nicoli. An orientation meeting
with the candidates has been scheduled for next week.
Request for Easement - New Building at S.W. Coral & Greenburg Road
City Engineer Wooley described a situation concerning a new
building at the corner of S.W. Coral and Greenburg Road. It was
discovered that an error was made by the builder's surveyor and the
building is 2-1/2 feet in the Coral Street right-of-way. Mr.
Wooley advised the builder's attorney is requesting an revocable
easement which can later be replaced by a recorded street vacation.
This right-of-way is not needed by the City according to the City
Engineer.
After br-i.ef. Council discussion, there was a motion by councilor
Schwartz, seconded by Councilor Johnson, authorizing the City
Administrator to sign a revocable easement for the affected
property. Staff will keep track of costs, including overhead, for
reimbursement by the applicant.
The motion was approved by a unanimous vote of Council present.
CITY COUNCIL MEETING MINUTES - JANUARY 14, 1992 - PAGE 1
Barbur Boulevard Light Rail
City Engineer reviewed the Draft Final Report for the Barbur
Corridor Light Rail Study. (See the Council packet for Mr.
Wooley's memorandum to Pat Reilly dated December 26, 1991.)
Calendar Review/Administrative Items
City Administrator reminded Council there would be no meeting on
January 21, 1992. A joint council/School Board meeting is
scheduled for January 23, 1992, with a workshop meeting with the
water consultants at 8 p.m. in the Town Hall that same evening.
Council consensus was to continue to review a summary report of the
Director's Decisions rather than receive individual copies of every
Decision.
BUSINESS MEETING
2. VISITOR'S AGENDA
Robert Blackmore, attorney for the builders of the property at
the corner of S.W. Greenburg and Coral Road (Progress Graphics
Building) requested that Council initiate the vacation process
for the 2-1/2 feet of Coral Street right-of-way. (Refer to
Study Session discussion on this item.)
After brief discussion, motion by Councilor Schwab, seconded
by councilor Johnson, to initiate the vacation process for the
2-1/2 feet of Coral Street right-of-way as discussed.
The motion was approved by a unanimous vote of Council
present.
3. CONSENT AGENDA: Motion by Councilor Johnson, seconded by
Councilor Schwartz, to approve the following:
3.1 Approve Council Minutes: December 10 & 17, 1991
3.2 Receive and File: Council. Calendar
3.3 Approve Appropriation of Insurance Proceeds - Resolution
No. 92-01
3.4 Approve Budget Appropriation for Oregon Department of
Transportation Safety Grant - Resolution No. 92-02
3.5 Approve Appointments to Neighborhood Planning
organizations - Resolution No. 92-03
3.6 Approve Reappointment to Neighborhood Planning
Organization No. 5 - Resolution No. 92-04
The motion was approved by a unanimous vote of Council
present.
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4. STATE OF THE CITY ADDRESS
• Mayor Edwards delivered the State of the City Address.
The text of his remarks have been filed with the Council
packet material.
CITY COUNCIL MEETING MINUTES - JANUARY 14, 1992 - PAGE 2
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5. EXECUTIVE SIIXKARY
• City Administrator Reilly delivered the Executive
Summary. The text of his remarks have been filed with
the Council packet material.
6. CONSIDER ORDINANCE DISSOLVING COUNTY ROAD LEVY FUND
a. City Administrator reviewed the Staff Report as submitted
in the Council packet.
b. ORDINANCE NO. 92-01 - AN ORDINANCE DISSOLVING THE COUNTY
ROAD LEVY FUND AND REPEALING TIGARD MUNICIPAL CODE
CHAPTER 3.24.
C. Motion by Councilor Johnson, seconded by Councilor
Schwartz, to approved Ordinance No. 92-01.
The motion was approved by a unanimous vote of Council
present.
7. NON-AGENDA ITEMS: (See Visitor's Agen4a.)
8. EXECUTIVE SESSION: The Tigard City Council went into
Nam
Executive Session at 8:10 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: 9:05 p.m.
0
Attest: Catherine Wheatley, Ci Recorder
City of Tigard
CoUr7aL X--s_dev&
Date: 0'7
c=0114.92
CITY COUNCIL MEETING MINUTES - JANUARY 14, 1992 - PAGE 3
COMMUNITY NEWSPAPERS, INC. Legal Tr 7135
P.O. BOX 370 PHONE (503) 684-0360 fal~atlce
BEAVERTON. OREGON 97075
Legal Notice Advertising
° City of Tigard R C • 13 Tearsheet l fife nllovangtnetin~igaltglttsrrtldttyitdtiinaad,n;kYu11
PO Box 23397 E ! allenu3as may ise obtatnet> from the CITYea4„25 Sf ` Tali
m ° Ppnlileard; Tagitrd,?raonS}~223,orslrafa3til'~1
Tigard, OR 97223 JA 13 Duplicate A . '
® 1992 e &Y,t`>OUNCII Bwil4SS T vYG
CITY s JANUARY 14,1992
OF TIGgRu 1'~GARU CI ~t 16a. TOWN
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AFFIDAVIT OF PUBLICATION a
STATE OF OREGON, 13psPxle, Ivis~tutg (Tawff->vIa11) ~7 8t3 p,trt~ {
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COUNTY OF WASHINGTON,
)as. o State'gfiltetty.ldd.ss Mayan EdrsrdS
I,-- Judith Koehler ` o Hi6b'dlive.,Samntary City! tninistOldr
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being first duly sworn, dapose and say that I am the Advertising
Director, or his principal clerk, of the-Tigard Times Executive 'essno, a'
a newspaper of general circ ~tion s defined in ORS 193.010 !
and 193.020; published at__ ~garc~ in the { Tlxe'iga d Cat;' otktllgo uatiaxzl,utlvg Session und
afor saifl coun 0d st Vie; that h ptoNistons of ORS X92€: {d}; t°}> 8r (q} to dtsctass Ia1Mac re,a
) once o pity atatcilt business Meeting tconssretea! propdA SWIM cur, M and,pf, _ng lattgattoit 1s
a printed copy of which is hereto annexed, was published in the
entire issue of said newspaper for One Zocia Conmict 1zo+1my Bo Ir~ting
--successive and ,r fr +a s ic,
consecutive in the following issues: j ~1 3
1,35
1?ub ~a IostuaYy 3,1992 r>
January 9 1992
- R 6L
Subscribed and sworn to before me this- 9th day of January, 1992
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Notary Public for Oregon
My Commission pires:
AMDAVIT
. MMMMMMM
f
CITY OF TIGARD, OREGON j
AFFIDAVIT OF POSTING
In the Matter of the Proposed
STATE OF OREGON )
County of Washington ) ss
City of Tigard )
A
I. begin first duly
sworn, on oat depose and say:
That I posted in the followiuq public and conspicuous
places, a copy of Ordinance Number(s)
which were adopted at the Council
meeting aced 1 copy(s) of said ordinance(s) being
hereto ttached and y reference made a part hereof, on the am-A._
date of
ILI it 1991.
1. Tigard Civic Center, 13125 SW Hall Blvd., Tigard, Oregon
2. Washington Federal Saving Bank, 12260 SW Main St.,
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
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AbtAiA
Subscribed and sworn to before me this c" date of j ,
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OFFICIAL SEAL Nota Public fbr Oregon ~
M. JOANN HAVES
NOTARY PUBLIC-OREGON
COMMISSIONNO.006513 My Commission Expires: 5
MY COMMISSION EXPIRES MAY 5, 1995
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CITY OF TIGARD, OREGON
ORDINANCE NO. 92-O'l
AN ORDINANCE DISSOLVING- THE COUNTY ROAD LEVY FUND AND REPEAL- G TIGA_
- - -
MUNICIPAL CODE CHAPTER 3.24.
WHEREAS, a-special revenue fund entitled "County Road Maintenance Fund"
was established in the Tigard Municipal Code Section 3.24 to record
revenues received from the Washington County Road Maintenance Fund; and,
WHEREAS, the County Road Maintenance Fund has ceased to serve its
purpose due to the expiration of the County Levy as its sole source of
revenue; and,
WHEREAS, local budget law encourages the use of the minimum number of
funds necessary to carry on the business of the City,
THE CITY OF TIGARD ORDAINS AS FOLLOWS:
SECTION 1: Chapter 3.24 of the Tigard Municipal Code is hereby
repealed.
SECTION 2: The County Road Maintenance Fund, as established by Tigard
Municipal Code Section 3.24, is hereby dissolved.
SECTION 3: All. residual assets of the fund are to be transferred to the
County Gas Tax Fund and future revenues if any are to be recorded in the
General Fund.
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 V rf arx*%cnou-S vote of all Council members
present after being read by number and title only, this
1` - h day of , 1992.
Catherine Wheatley, City Recorder
APPROVED: This day of 1992.
~Gerald R. Edwards, Mayor
Approved as to form:
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Cites torney
Date
ORDINANCE No. 92-
Page 1
AGENDA ITEM NO. v~ - VISITORS AGENDT. DATE: 1'"~
(Limited to 2 minutes or less, please)
Please sign on the appropriate sheet for listed agenda items. The
Council wishes to hear from you on other issues not on the agenda,
but asks that you first try to resolve your concerns through staff.
Please contact the City Administrator prior to the start of the
meeting. Thank you.
NAME & ADDRESS TOPIC STAFF CONTACTED
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MEMORANDUM G
CITY OF TIGARD
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TO: Pat Reilly 7Dece er 26, 1991
FROM: Randy Wooley
SUBJECT: Barbur Blvd. LRT
Anal sis•
I have now reviewed the Draft Final Report for the Barbur Corridor
Light Rail Study. This is the document handed out by City of
Portland in conjunction with Commissioner Blumenauer's presentation
on November 26th.
Portland staff conclude from the report that a Barbur LRT would
provide great benefits and that we should work to advance its
construction. I do not find much support for this conclusion in
the report.
The report indicates that in 2005 the cost per transit passenger
would be higher with LRT than with bus transit (Table 4.2-4, page
39); transit ridership would increase only a small amount with LRT
(Table 4.1.4-2, page 31); and level of service for auto traffic
would not be improved at critical intersections on Barbur Blvd.
(Table 4.3.2-1, page 42). The report indicates that peak hour auto
traffic volumes would be reduced on Barbur Blvd. in Portland but
would actually increase on 99W between I-5 and Highway 217, due to
the concentration of traffic to and from the park & ride lots
(Figure 4.3.1-1, page 41). The report indicates that LRT would be
faster than the current bus system but it is possible that an
express bus system could provide a similar benefit; private auto
would still be the fastest way to reach downtown Portlanc in 2005.
Based on this information, I don't think that construction of LRT
in the Barbur corridor should be a high priority at the present
time. However, in the longer term, LRT may be appropriate in the
SOME
Barbur corridor. Therefore, I think that we should c:ontinuc to
plan for LRT in the long term. This is consistent with the current
Regional Transportation Plan and Tigard's comprehensive plan.
If the comprehensive planning for the Tigard Triangle is changed
substantially to include more high-density residential and less
auto-related retail development, that would enhance the viability
of a Barbur LRT. So, I think LRT should be considered in our
planning for the Triangle.
Recommendations:
ENE
Seeing Barbur LRT as part of the very long-range plan, I recommend
' that Tigard pursue the following course regard Barbur LRT:
1. Accept the work of the City of Portland as background
information to help in our long-range planning.
2. Consider the potential for LRT as part of the current Triangle
plan review. This includes consideration of land uses that would
enhance LRT and consideration of LRT routes that could serve
proposed land uses.
3. After the Western Bypass and the 2040 Plan processes are
concluded, pursue more detailed long-range planning for the Barbur
LRT. This work would probably be a joint effort with Metro and
adjoining cities.
Other thoughts:
After listening to several months of discussions, I have reached
several other conclusions that may be relevant to our long-term
planning. You won't find these subjects discussed directly in the
Barbur LRT Draft Final Report; they are just my ideas but maybe
relevant to the long-range planning for LRT.
1. Downtown Tigard may be a good location for a LRT station but it
is not a good location for the terminus of a LRT line. The
terminus needs to be further south where a large park & ride lot
can be provided, probably near King City or in Tualatin.
Otherwise, LRT merely increases the amount of traffic coming
through central Tigard to reach LRT.
2. Pacific Highway is not a good location for LRT. The highway is
already built up with auto-related retail uses. Major
redevelopment seems unlikely in the foreseeable future. The
existing uses would not generate much LRT ridership. Further, LRT
along this high-volume road would increase traffic congestion
problems and would create new traffic safety concerns. For these
reasons, I don't think that LRT needs to be part of any discussions
of widening of 99W.
3. A future LRT route through the Triangle seems to make sense.
There is still the potential to plan for transit-oriented
development in the Triangle. Development cou]_d be laid out to
accommodate a future LRT line. From the Triangle, a LRT line could
be extended west to downtown Tigard or south to Tualatin.
4. The current Triangle planning work may provide a great
opportunity for Tigard to lead the way in implementing RUGGO and
the LCDC Transportation Rule, while at the same time addressing
citizen concerns in the lower-density areas of the city. For
example, if higher-density transit-oriented development could be
developed in the Triangle, then the City would have some freedom to
reduce residential densities in other areas (such as Bull
Mountain) . This would tend to reduce the traffic impacts of future
development in areas such as McDonald Street and Walnut Street. It
would also reduce the future vehicle miles traveled per capita.
And it ~.;ou; d, J-,Lprove the viability of a Barbur LRT.
rw/LRT
c. Ed Murphy
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SUMMARY AND (3Z1'ILINs",4 DESCRIPTION
OF PROPOSED CHARTER CONTENT
ON REGIONAL GOVERNMENT POWERS AND FUNCTIONS
and
REGIONAL GOVE u" ANCE CONBMME COMMENTARY
(4
January S, 1992
f IN
ell;
RGC COMMENTARY
REGIONAL GOVERNANCE COMNITM
COQ ON
DER, CO&~'S
SUMMARY AND OUTLINE DESCRIPTIO"i j
OF PROPOSED CHARTER CONTENT ONS `
ON REGIONAL GOVERNMENT POWERS AND FLjNCn
January 7, 1992 Staff Draft ~
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RGC COMMENTARY
This document provides a commentary from the Regional Governance Committee on the Memo
Charter Co*nmittee's work to date. The regularly numbered pages (1,2,3, etc.) on the left-hand side = - -
of all facing pages represent the verbatim worm of the Charter Committee. The pages numbed
lA, 246, 3A, etc. on the right-hand side of all facing pages represent the RGC's commentary on the
Charter Committee's work.
The RGC commentary is not a co hensh e p:. ~tatiu~, of RGC:'s positions on matters related to
the development of a Charter for the regional government. That can be found in the body of work
which RGC has developed and presented to the Charter Commuee to date. This document is in-
teaxled to relate that other vmrk of RGC directly to the worts of the Charter Committee and at a level
of detail that hopefully will be useful to the Chattier Committee's deliberations. As with the Charter
Committee's work to date this commentary reflects the currents opinions of RGC. It is subject to
change upon receipt of further input amrd a better understanding of the Charter Committee's docu-
ment.
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CHARTER COMMITTEE DRAFT
OUTLINE: OF PIBCPOSED CEMR7ER PROVISICNS
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POWERS AND FUNCTIONS
I. Planning Pours and Responsibilities.
The regional government°s planning and growth management re-
sponsibilities shall include the establishment of a Future
Vision conceptual statement and the creation of a Regi_nnal
Plan consisting of a Framework Plan addressing certain speci-
fied matters of metropolitan concern, together with the coor-
dinated local plans of the cities and counties.
A. Future Vision.
1. Definition of the Future Vision.
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a. The Future Vision is a conceptual statement that indi-
cates preferred population levels and settlement pat-
terns that the region and adjacent areas car, accommo-
date within the carrying capacity of the land, watar
and air resources, and that achieves a desired quality
of life.
b. The Future Vision is a long-term, at least 50- year,
visionary outlook.
2. Matters addressed by the Future Vision will include, but
are not limited to:
a. The use, restoration and preservation of regional 'Land
and natural resources for the benefit of present and
future generations.
b. How and where to accam odate the population growth
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RtrC CON VMNTARY
L Planning Powers and Responsibilities
This section on Powers and Responsibilities should be general and brief. The decision-making
process which should be established by the Charter should be the primary vehicle for allocating
functions of the regional government, not the Charter itself This draft is far too detailed.
L A. Futtim Vision
• Requiring creation of a future visimi, with this level of detail, is not appropriate in a Garter.
The entire section should be deleted and replaced with language which enables the regional
goverment to produce a long-range outlook for the region as it deems appropriate.
• If this section is included in the garter the following changes should be made:
- Require the revised R-PAC (as per RGC recornmeadation) to advise the MEMO Council
on the vision prior to acting on it.
- Delete section IA-2.e. Requiring one level of government to pass judgment on the effi-
ciency of service delivery functions performed by other levels of government as part of a
long-range planning document is inappropriate.
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CHARTER CQMMCTTEE DRAFT
for the region while sustaining and maintaining its
livability and quality of life. ti..,.~
C. Means of developing new communities and additions to
the existing urban area in well planned ways.
d. Economic growth and educational opportunity.
e. Appropriate regional and local government structure-
sand financing to provide the necessary public serv-
ices in an efficient, effective and accountable man-
ner.
3. Development, adoption and review of the Future Vision.
a. The Future Vision will be developed by a broad-gauged
commission. appointed within 90 days after installation
of the governing body of the regional government.
b. The commission members will be selected by procedures .
to be established by the regional governing body.
C. The commission mwbers shall represent private,
public and academic sectors.
d. One or more commission members must reside outside
the boundaries of the regional government.
e. The Future Vision shall be adopted by the regional
governing ;-y within 24 months of appointment of the
CO:'~i Sri VI1 .
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RGC CONIMENrARY
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CTJARTER CMUT= DRAFT
f. The commission shall be served by independent staff.
4. The Future Vision shall be reviewed and amended in the
manner of original adoption and at such times as the re-
gional governing body shall determine, but not less fre-
quently than once every 10 years.
5. Legal effect; reviewability.
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a. The Future Vision is not a regulatory document. j
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b. The Future Vision is not reviewable by LUBA or judi-
cially, and is not subject to LCDC acknowledgement or
INSW
review.
C. The Future Vision affects the Regional Framework Plan
in the manner described below.
B. Regional Plan.
There shall be a Regional Plan consisting of a Regional
Framework Plan adopted by the regional governing body and
the existing local plans of the cities and counties
within the region as modified over time by those cities
and counties to be consistent with the Regional Framework
Plan.
1. Definition of ReSlonal Framework Plan. {
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a. The Regional Framework Plan establishes and is limited j
to plans and policies for the matters addressed in 2
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and 3 below, and provides the basis for coordination
of local city and cou-nLy plans.
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RGC COMMENTARY
ME MR
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I.B. Regional Plan
• Agree that the Regional Framework Plan should consist of goals and objectives, benchmarks
for performance and functional plans. It should not be a regional comprehensive plan.
• The long lists of topic areas to be addressed by the Regional Framework Plan should be
de- feted. The general purpose of the Framework Plan (i.e. growth managmment) should be de-
scribed. Specific topic areas to be addressed) through regional planning should be left to a deci-
sion-malting process identified in the Charter to dPtertr_ne.
It LJ JG „t,racPC, rnnQramc and agencies which may
-A:+°a amlew T1,,•o3T•• ^;rs
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cease to exist or be used during the life of the charter. Even such common phrases as `ban NOM
growth boundary" probably should not be in the charter, but rather thc function it serves.
Twenty years from now the region may have a much superior tool to an urban growth boundary
( for managing growth. This draft would require the regional government to use an urban growth
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boundary, urban reserves, etc. even if better tools became available. Phrases such as LCDC and
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CHARTER COI~MTTEE DRAFT
b. The Regional Framework Plan must be consistent with
State-wide Planning Goals and describe its relation-
ship to the Future Vision.
C. TI-e lRegional Framework Plan will include regional
goals and objectives, functional plans and benchmarks
for performance as implementation tools.
2. Matters addressed in the Regional Framework Plan.
a. Regional transportation and mass transit systems.
b. Urban growth boundary-
i. Management.
ii. Amendment.
c. Urban reserves.
i. Designation.
ii. Control of boundaries.
iii. Control of land use activities in area, includ-
ing land division, wells and septic tank place-
ment.
iv. Procedure for determining which local
governm--nt(s) will assume jurisdiction of terri-
tory within urban reserves.
d. Federal and state mandated planning functions.
e. Matters of metropolitan concern within certain desig-
nated subject areas.
i. Planning within that following subject areas for
those aspects having metropolitan concern.
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RGC COMM EMARY
LUBA should also be deleted in case the„ entities cease to exist.
. • Sections LB.2ca and iv. should be changed. As currently drafted these sections would give
the regional govern.- the power to issue land use permits. This is an area traditionally re-
served for local govemments. The same purpose for controlling development in urban reserve
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areas can be accomplished by having the regional goverment establish performance standards
which local plans must implement. This approach protects the regional interests while protecting
local flexibility.
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CHARTER COMMITTEE DRAFT
a. Water sources and storage.
b. Housing densities.
C. Greenspaces.
d. Planning and provisions for siting of sig-
nificant, high density, mixed use urban de-
velopment.
e. Planning and provisions for siting of com-
mercial/industrial development.
f. Solid waste disposal, reuse and recycling.
g. Regional exposition, recreation, cultural
and convention facilities.
h. Regional disasters.
i. Energy.
ii. Definition of "metropolitan concern".
a. A land use decision or action of one juris-
diction that will substantially interfere
with another Jurisdiction's local plan; or
b. A land use decision or action of a jurisdic-
tion that wil substantially interfere with a
provision of the Regional Framework Plan.
The above provisions reflect only the
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Committee's initial consideration of this
definition. The Committee recognizes the
RGC CONaffi TARY
Sections L332.e. i. D and E should be changed. As cur=tly dm!W- st,~ si~--dmns world give
the regional govanment the power to issue land use permits fo3 major developments. 'his is an
area uaditionally reserved for local governments. The same purpose for controlling the siting of
major developments can be accomplished by having the regional government establish perform-
ance standards which local plans must implement. This approach prote,= the regional interests
while protecting local flexibility.
• Sections LB. 2c and e. give the regional government vast powers to plan for subject areas
which they have had no involvement with in the past. The only specified role for local govern-
ments is in helping select additional subjects areas to plan. No role for local governments is
specified for developing the plans for subject areas listed in the Charter: This is inappropriate.
The charter should not seek to do ft planning ix the region, but establish the process for plan-
ring. None of the specific subject areas should be listed in the Charter:
• Section LB.Ze.iL is an inadequate definition of "matters of metopolitan concern". This defini-
tion is the heart of what the Charter should be addressing. T'he-Charter should include general
criteria (see RGC recommended lanuage) for identifying matters of metrcpalitan concern and a
very specific process for making this detem3ination.
7a
CHARTER COIMTTEE DRAFT
definition is incomplete and welcomes public
comment on appropriate elements of the de fi-
nition. i
3. Procedure for addressing additional matters in this 1
Regional Framework Plan.
The Charter will include a procedure by which planning
responsibility for subject areas having metropolitan
concern and not specified in the Charter may be
incorporated into the Regional Framework Plan subsequent
to Plan adoption. The procedure has not yet been
established.
4. Matters excluded from the Rr~rti n~~a-1 Framework. D7 -nom
All planning responsibilities not authorized under 2 or 3
above are reserved to city and county plans. ,
I
5. Procedures for development, adoption and review of the
Regional Framework Plan.
a. The Regional Framework Plan will be adopted, within 36
months after installation of the governing body of the
regional government.
i
b. Adoption alternatives for discussion and input:
i. Alternative 1: Regional government adoption of
the Regional Framework Plan.
j
8
RGC CON Y ENrARY
C.
• Section LB.3. Unless the long list of planning re=. nsibilides included in earlier sections is
deleted or substantially shortened this section will be largely irrelevant because tie Charter will
empower the regional government to do most everything of consequence in the planning field
from the outset. If that list is deleted or shortened then this section becomes possibly the most
important section of the Charter. See RGC's recommended decision-making pro=& It should
be inserted here for making decisions about ft m= planning areas, as well as for executing the
planning for any areas assigned outright in tl-,e Charter.
• Section LB. 5. So long as then; are statewide planning goals which local plans must conform
to, the Charter should require that the Regional Framework Plan be acimowledged by LC9DC.
8a
l
CHARTER C0102TTEE DRPYT
with a charter mandate for local government
involvement short of requiring local govern-
ment approval.
A?ternati-.re 2: Regional government adoption'? ~
i
of the Regional Framework. Plan with local gov-
ernment having some numerical authority in the I
i
voting.
c. Periodic LCDC review of the Regional Framework
Plan for State-wide Goal compliance will occur on
a schedule established by LCDC.
d. The Regional Framework Plan may be amended on a
schedule to be determined by the regional a
1
governing body.
C. City and County (Local) Plan
1. Definition of local plans.
Existing city and county plans, atsended by the cities
and counties as necessary to become consistent with
the Regional Framework Plan.
2. Matters addressed in local plans.
All matters within the authority of local governments
pursuant to state statute and local charters to the
iat.~aal. not o r
c dLcalt -i th by- the Regional Frarew~ork Plan.
3. Adoption and review of local plans.
a. Local plans will continue to be adopted and
I
I
9
3
ROC CON1 YEENrARY
• Section ZC. The only reference to local plans in the Charter should be a description of the
interrelationship between the Regional Framework Plan and local plans. It is inappmpriate for a
charter for a regional gover mmt to be de-fining local plans, describing what they can and can
not address, and including them as part of a Regional Plana. The objective of ensuring that local
plans accomplish regional objectives and performance standards can be accomplished simply by
stating that local plans must be in compliance with the regional needs and describing a process
for ensuring that this occurs.
9a
CHARTER COMMTTEE DRAFT
amended based on local plan procedures, except that local
plans must be made consistent with the Regional Frame '
work Plan at the next local plan periodic review
i
following adoption of the Regional Framework Plan.
b. The issue of consistency with the Regional Framework plan
is appealable as provided by law. ;
C. State-wide Coal compliance review alternatives for
discussion and input:
i. Alternative 1: By LCD--.
ii. Alternative 2: By regional governing body.
iii. Alternative 3: Regional governing body reviews
for compliance with Regional Framework Plan and incor-
porates the local plans as a part of the regional
plan. Only the regional plan is reviewed for coapli- ,
ance with State-wide Goals.
d. Require that discretionary city and c-ounty land use deci-
sions governing the approval and denial of land uses be
based on standards and criteria which are included in the
local development ordinances and are
10
RGC CON M MARY
• Section LC3.c- Local plans should continue to be reviewed by LCDC: It is appropriate for the
regional govemment to review local plans for consistency with the regional plan LCDC should
have the benefit of the regional government's review prior to acting on the local plans. How-
ever, it is not appropriate to give the regional government the authority to approve local plans for,
consistency with statewide planning goals (to the exclusion of LI from this process). At
some point in tide it may be a_ppr Y ;_P for LI a; ; t lrega,iai govmiment to sign an
intergovernmental agreement to transfer some of the staff review function for state goals to the
regional government, while retaining final decision-ni ldng authority at the state level. The
Charter, however, does not need to address this eventuality, except to empower the regional
government to enter into intergovernmental agreements if necessary to address a matter of
metropolitan concern.
• Section 1.C3.d Should be deleted It is inappropriate for a Charter for a regional gov=rent
to dictate the form of local government development codes. The enforcement language included
in this section could be a threat to the region's quality of life by obligating a local government
without completely objective decision criteria to approve every development application or face
legal challenge.
1 t}a
Ism
CHARTER COMMITTEE DRAFT
so clear and objective that they lead to reasonable and
predictable decisions. Any standards and criteria for
such decisions which do not meet this requirement shall
be void and unenforceable.
D. The Regional Plan (which is a combination of the Regional
Framework Plan and the local plans of cities and counties
when made consistent with the Regional Framework Plan)
CMW
must satisfy all State-wide Goals applicable to the re-
gion.
E. Development by regional government of recommended model
standards and procedures for local land use decision
making that may be adopted by local governments.
II. Operationa3. and service dslivery powers and responsibilities
r
A. Solid and liquid waste.
1. The regional governing body may:
a. Build, construct, acquire, lease, improve, operate and
maintain landfills, transfer facilities, resource
recovery facilities and other improvements, facilities
or equipment necessary or desirable for the solid and
liquid waste disposal system of the region.
b. Sell or dispose of the products or by-products of the
Ems=
regional government°s facilities.
i
11
RGC COMMENTARY
Section LC3R is inappropriate for a Charter.
Section 11.
The service delivery section of the Charter should be similar to the planning powers and responsi-
bilities, short on specific responsibilities and long on the process to be used over tim-, to make these
decisions,.
• Section ILA. should be shortened substantially to generally describe solid waste powers.
NIFIRO should have the existing general authority to provide for and regulate the disposal of
solid waste and promote waste reduction, recycling and reuse through programs, incentives and
education.
lla
MUMM
f
CHARTER COI-ZffTTEE DRAFT
c. Require any person or class of persons who generate '
solid or liquid wastes to use the disposal, transfer
or resource recovery sites or facilities of or desig-
nated by the regional governn-ent.
d. Require any person or class of persons who pick up,
. j
collect, or transport solid or liquid wastes to use
I
the disposal, transfer or resource recovery sites or
j
facilities of or designated by the regional govern-
ment.
e. Regulate, license, franchise and certify disposal, i
transfer and resource recovery sites or facilities;
establish, maintain, and amend rates charged by dis-
posal, transfer and resource recovery sites or facili-
ties; and otherwise control and regulate the estab-
lishment and operation of all public or private dis-
posal, transfer and resource recovery sites or facili-
ties located within the boundaries of the regional
government. Licenses or franchises granted by the re-
gional .government may be exclusive.
1
f. Prescribe a procedure for issuance, administration,
J
renewal or denial of contracts, licenses or franchises
granted under Subsection e.
12
RGC OONUvW-iVTR.RY
Elm
a
C
12a
CHARTER CONZaTTEE DRAFT
g. Regulate the service or services provided by contract,
license or franchise and order modification, additions
or extensions to the equipment, facilities, plan or
services deemed to be in the public interest.
h. Receive, accept, process, recycle, reuse and transport
Sim
solid and liquid waste.
i. Provide for the disposal of solid waste from Clacka-
t►as, M-Ultnomah or Washington County at a disposal
site or sites other than the site selected by the En
vironmental Quality Commission.
2. Establishment, modification or extension of any public or
private disposal, transfer or resource recovery site or
facility will be prohibited within the boundaries of the
regional government without the prior approval of the
governing body of the regional government.
3. If the regional governing body sends solid waste gener-
ated with its boundaries to a regional disposal site,
the regional governing body shall:
a. At least semiannually operate or cause to be operated
a collection system or site for receiving household
hazardous waste.
b-. Provide residential recycling containers as a pilot
project.
a,
13
RGC CON N ENTARY
13a
Him=- in=
i
CHARTER COMMITTEE DRAFT
I
c. Provide an education program to increase participation
in recycling and household hazardous materials collec-
tion programs.
B. Zoo and other regional public facilities.
The regional government may acquire, construct, alter,
s
maintain, administer and operate metropolitan zoo facili-
ties and other regional cultural, convention, exhibition,
sports and entertainment facilities.
i
C. Sources and storage of water. 4
1. The regional government may acquire or develop sources of I
water for domestic, industrial, agricultural or recrea-
tional use.
2. The regional government may acquire, develop, construct,
alter, maintain and operate reservoirs or other water
collection and storage facilities for domestic, indus-
trial, agricultural or recreation use.
aim
D. Sewerage.
The Comnittee has not preliminarily detenniiaed what pro
visions, if any, the Charter should contain relating to
sewerage.
E. Transportation.
The regional government may order transfer of the transit +
l
system of Tri-Met to the regional government, but any
transfer must include
14
I
i
RGC COND4EN TARY
• Section II C. is a major expansion of current METRO powers. It would allow the METRO
Council by a simple majority, using no decision criteria, to get m the water supply business. The
current statute requires a vote of the people for this t D occur. This section, along with several
Nam others in this portion of the draft, should be deleted In its place should be a decision-malting
process which would require consultation with local governments and provide the mechanism as
t':;, n;, fo ~ e =gi--r l briar--.t to as vla - c* any other issues which are deter-
mined using decision criteria and a collaborative process to be "matters of metropolitan con-
cem".
• Section ILD. should not be listed separately in Charter. The decision-making process can
determine if and when regional involvement in sewerage issues is warranted.
• Section II F s1xv.11 be to lerave i,441ci as ii is for a certain specified period of time
and then require the issue of Tri-Met management to be reviewed through a defined decision-
maldng process. The language relating to requiring continuation of a transit board of directors is
appropriate.
14a
CHARTER COMMITTEE DRAFT
continuation of a transit board of directors.
F. Parks and open spaces.
The regional government may acquire, develop and operate re-
gional parks, open space and recreational facilities.
G. Boundary commissions.
The exercise of any bourklary review functions presently
performed by the local goverment boundary commission is a
matter of metropolitan concern.
ANN
The Committee has yet to determine if the functions of
the local boundary coondssion should continue under the
charter.
H. Marketing of geographic data.
The regional government may impose and collect reasonable
fees, based on market prices or cagpetitive bids, for
geographic data that are developed with a significant
expenditure of public funds and that are an entire formula,
device, technique, process, data base or system.
I. Miscellaneous.
1. The regional government may contract with any public en
tity or any private entity or individual to operate all
or part of an facility the regional government is
authorized to operate; or to perform all or part of any
other function the
15
RGC CON IVIENI'ARY
• Section H F. should not be listed separately in the Charter. As cu=tly drafted this section is a
major expansion of the authority of the regional government it would allow the MEMO Coun-
cil by a simple majority, using no decision criteria, to get in he parks business, Tne cua=
statute requires a vote of the people for this to occur.
Elm
15a
CHARTER COMMITTEE DRAFT
regional government is authorized to perform.
2. The regional government may exercise police power for the
purposes of the authorized functions of the regional
government and, in so doing, may adopt ordinances for _
the proper functioning of the regional government.
3. To the extent necessary to carry out any function the
regional government is authorized to perform, the
regional government may acquire real or personal property
within or outside the area of the regional government,
including property of other public corporations, by pur-
chase, condemnation, gift or grant.
J. Additional functions.
1. Unless the function is reserved by the charter to local
goverment? the regional government may assume any other
function of metropolitan concern by vote of the electors
MS=
of the regional government.
2. The regional government may assume the local aspects of
authorized functions of metropolitan concern only on the
basis of agreements between the regional government and
other public corporations, cities, or counties.
K. Additional matters.
.The Committee agreed to send forward for comment _
r
16
Buda
RGC COMMENTARY
Section IIJ2. should be deleted. It is inappropriate for a government which the constitution
only authorizes to be involved in "matters of metropolitan concem" to assume local concerns,
even with the consent of an individual local government.
16a
i
i
i
CHARTER CONVaTTEE DRAFT
the following proposals for additional regional government
authority in regard to solid and liquid raaste disposal. They z_^
are not included in this outline's initial discussion of
solid and liquid waste because committee members lacked
sufficient time to consider them.
1. Reduction of solid waste stream. ,
The regional government should have authority to impose
source reduction measures.
2. Additional flow control authority.
The regional government's flow control authority should
be extended to include the flow of recyclable materials
collected at curbside, and other source-separated
systems, to assure, among other things, that recyclables
get recycled and not trashed.
3. Environmental cleanup of regional solid waste sites.
The regional government should have authority to conduct
cleanup activities on closed or abandoned solid or liquid
MMM waste sites and illegal dumps.
NEW
4. Policing to keep system crime free.
The regional government should have responsibility to
police all aspects of the solid and liquid waste system, i.. .
I
WIM
17
F
i
ROC COMMENTARY
A
d
him
i
UNA
l
17a
la;
CHARTER COI-MTTEE DRAFT
from collectors to haulers to disposal sites, in order to pp
maintain a clean, honest system free of corruption and
corrupting influences. -
mom
18
4
00
00
V
mill
' V1 T-~ r • , Cc. Vie' v~ ct I
O'DONNELL, RAMIS, CREW & CORRIGAN 4 I
aQ 0
ATTORNEYS AT LAW
BAL.LOW Sc WRIGHT BUILDING
1727 N.W. Hoyt Sweet
Portland, Oregon 97209
TELEPHONE: (503) 222102
FAX,: (503) 213-294A
PLEASE REPLY TO PORTLAND OFFICE
FACSIMILE TRANSMISSION COVER SHEET
k'
THIS COMMUNICATION CONSISTS OF ATTORNEY PRIVILEGED AND CONFIDENTIAL INFORMATION
INTENDED ONLY FOR THE USE OF THE INDIVIDUAL OR ENTITY NAMED BELOW. IF THE READER OF
THIS MESSAGE IS NOT THE INTENDED RECIPIENT, OR THE EMPLOYEE OR AGENT RESPONSIBLE TO
DELIVER IT TO THE INTENDED RECIPIENT, YOU ARE HEREBY NOTIFIED THAT ANY DISSEMINATION,
DISTRIBU'T'ION OR COPYING OF THIS COMMUNICATION IS STRICTLY PROHIBITED. IF YOU HAVE
RECEIVED THIS COMMUNICATION IN ERROR. PLEASE IMMEDIATELY NOTIFY US BY TELEPHONE AND f
RETURN THE ORIGINAL MESSAGE TO US AT THE ABOVE ADDRESS VIA THE U.S. POSTAL SERVICE.
THANK YOU.
DATE: January 13, 1992 CLIENT NO.: 90024-11
TO: Robert Blackmore, Esq
Dunn, Carney, Allen, Higgins & Tongue
FAX 224-7324
Phone 1: 224-6440
FROM: Michael C. Robinson
FAX 1 (503) 243-2944
DESCRIPTION OF DOCUMENT TRANSMITTED: Draft Easement
COMMENTS: ,Please disregard previous easement - paragraphs 5 and
6 have been corrected.
4 PAGES TO FOLLOW, EXCLUDING COVER SHEET.
IF YOU DO NOT RECEIVE ALL OF THE PAGES, PLEASE CALL THE UNDERSIGNED
'503 • TT l/ TTS 71 \TTl Ty T
hT d:~VJ) 222-4402 11.111EIATL'Li. &A.C"va% A.OU.
SIGNED: Susie Christensen
AN ORIGINAL IS BEING .'.LAMM: AN ORIGINAL IS AVAILABLE UPON RlEOUEST:
III In! Iff I
EASEMENT
KNOW ALL MEN BY THESE PRESENTS, that the City of Tigard, a
municipal corporation ("Grantor") in consideration of the sum of
$1.00 and other property or value given which is part of the
BEAM consideration, conveys to Progress Graphics, Inc., an Oregon
corporation ("Grantee") a perpetual easement over and along the
full width and length of the premises described as follows, to wit:
1. Legal description is set forth in Exhibit "All attached
hereto, and incorporated by reference herein; and
2. A map of the above legal description is set forth in
Exhibit "B10 and incorporated by reference herein.
The terms, covenants, and conditions of the easement are as
follows:
1. The easement shall be for the right, privilege, and authority,
of Grantee to construct and install improvements approved -in City
of Tigard Community Development file No. SDR 9170011.
2. In the event the easement is not used by Grantee for a period
of three (3) years or is abandoned by Grantee, then it shall revert
back to the Grantor, its successors and/or assigns, and Grantee
shall upon'request execute a recordable document evidencing such
reversion.
3. Grantee shall defend, indemnify and hold harmless Grantor, its
successors and/or assigns, from loss, claims or liability of arty
nature, including injury to person or property, arising in any
manner out of use of the easement bV Grantee, its agents, employees
or subcontractors. Grantee assumes all risk arising out of its use
of the easement and Grantor shall have no liability to Grantee or
others from any condition existing thereon.
DRAFT
1 - EASEMENT
4. Grantee, upon the initial installation, and upon each and
every occasion that the same be repaired, replaced, renewed, added
to, or removed, shall restore the premises of the Grantor, and any
improvements disturbed by Grantee, to as good condition as they
were prior to any such work, including, but not limited to, the
restoration of any topsoil, lawn, and nursery stock of like kind
and quality, subject to reasonable substitution as may be
necessitated by obstruction or interference with the use granted
herein. Grantee further agrees to maintain the easement at its
expense.
5. This easement is revocable by Grantor upon written notice
delivered to Grantee at the following address:
6. Within 180 days after the date of written notice of
revocation, the Grantee shall remove all improvements within the
premises described in Exhibit "A," and restore the premises to its
original condition subject to satisfaction of Grantor.
7. This easement is granted subject to all prior easements or
eficumbranccs of record.
8. Grantee acknowledges that any improvements made in this
easement are made at Grantee's risk and removal of said
va~
improvements shall be at Grantee's cost.
9. THIS INSTRUMENT WILL NOT ALLOW USE OF THE PROPERTY DESCRIBED
IN THIS INSTRUMENT IN VIOLATION OF APPLICABLE LAND USE LAWS AND
i
2 - EASEMENT
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
--G~ USES e
5
:k
IN WITNESS WHEREOF, the undersigned Grantor has executed this
easement, this day of , 1992•
;l
CITY OF TIGARD, a municipal
corporation x
J
S
Grantor:
t
#3
4
1
r'
3 - EASEMENT
STATE OF OREGON )
)ss.
County of )
C On this day of , 1992, before me, a
notary public in and for said County and State, personally appeared
known to me to be the person whose
am= name subscribed to the within instrument and acknowledge that he
executed the same for the purposes therein contained.
IN WITNESS WHEREOF, I have hereunto set my hand and official seal
on the day and year above written.
NOTARY PUBLIC OF OREGON
(NOTARIAL SEAL) My commission expires:
APPROVED AS TO FORM THIS
DAY OF , 1992.
Timothy V. Ramis, City Attorney
City of Tigard, Oregon
APPROVED AS TO LEGAL DESCRIPTION
THIS DAY OF , 1992
City Engineer
City of Tigard, Oregon
ATTESTED TO:
City Recorder Date:
AFTER RECORDING, RETURN TO:
Progress Graphics, Inc.
c/o Robert F. Blackmore
Dunn, Carney, Allen, Higgins & Tongue
851 S>W_ Sixth Avenge, Suite 1500
Portland, Oregon 97204
4 - EASEMENT
11110111
SKETCH SHOWING tllq,lq2
3U I EIS I NG ENCROACHMENT
N
w
o Q
wr
s
GO' SW CORAL ST.
~~r =r~ a. w. f~. : x5.5''.
W 1' i• - :°I, •;GONG~2TE 9lDEWALK = M:
r 5'~ PROPosED 5' EASEMENT
f
~ I
TAX LOT 4GOI
Mika MAP 15 1 2G DG DUILDING somecmm
(PROGRESS GRAPNIGg )
ji~i
COUNCIL AGENDA ITEM ~Z
MEMORANDUM
CITY OF TIGARD, OREGON
TO: Honorable Mayor and City Council
FROM: Patrick J. Reilly, City Administrator
DATE: January 3, 1992
SUBJECT: COUNCIL CALENDAR, January - March 192
Official Council meetings are marked with an asterisk If
generally OK, we can proceed and make specific adjustments in the
Monthly Council Calendars.
January '92
1 Wed New Year's Day Holiday (City Hall Offices Closed)
*14 Tue Council Meeting (6:30/7:30)
State of the City - Mayor Edwards
Executive Summary - City Administrator Reilly
20 Mon Martin Luther King, Jr. Day - Holiday (City Hall
offices closed)
21 T'1e Cancelled
23 Thurs Special Meeting with Tigard-Tualatin School
District at the School District Office (13137 S.W.
Pacific Highway) - (6:30)
Council Meeting (Town Hall) (8:00) Water Discussion
*28 Tue Council Business Meeting (6:30/7:30)
February '92
11 Tue council meeting
Workshop with Planning Commission (5:30)
Council Study Session (6:30)
Council Business Meeting (7:30)
17 Mon Presidents' Day (City Hall Ofcs. Closed)
18 Tue Council Study Meeting (6:30),
25 Tue Council Meeting
Workshop Meeting with Library Board (5:30)
Council Study Session 16:30)
Council Business Meeting (7:30)
zl "'cu o 2
sua v i v
10 Tue Council•Meeting
Workshop Meeting with Park Board (5:30)
Council Study Session (6:30)
Council Business Meeting (7:30)
17 Tue Council Study Meeting (6:30)
24 Tue Council Study Session (6:30)
Council Business Meeting (7:30)
h:\login\cathy\cccal
1113 111 MCI, 111'1 ;1,11 11:1
mum
COUNCIL AGENDA ITEM 3,3
CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUMMARY
AGENDA OF: 1-4-92 DATE SUBMITTED: 12-23-91
ISSUE/AGENDA TITLE: Appropriation of PREVIOUS ACTION:
insurance proceeds
J/ 4
/ PREPARED BY: Wayne Lowry
DEPT HEAD OK CITY ADMIN OK REQUESTED BY:
ISSUE BEFO E THE COUNCIL
Shall the Tigard City Council appropriate insurance proceeds from vandalism
of City property.
STAFF RECOMMENDATION
Staff recommends that insurance proceeds be appropriated.
INFORMATION SUMMARY
City park facilities and equipment were damaged by vandalism in July and
August of 1991. Total insured losses were $4,753. After a deductible of
$1,000, insurance proceeds in the amount of $3,753 were received in December
C of 1991.
ORS 294.455 allows for the recognition and appropriation of insurance
proceeds by resolution of the governing body. i<
Approval of the attached resolution will increase the Park Maintenance budget
by the amount of the insurance proceeds to offset unbudgeted repairs of
damaged property.
PROPOSED ALTERNATIVES
1. Approve resolution appropriating insurance proceeds.
2. Do nothing.
FiSCAL NOTES
No fiscal impact because new appropriations are offset by insurance proceed
revenue.
ke/insurpro
h:\word\financa
•
s
COUNCIL AGENDA ITEM 3.L)
ICCITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUMMARY i
AGENDA OF: 1/14/92 DATE SUBMITTED: 12219/91
ISSUE/AGENDA TITLE: Appropriation - PREVIOUS ACTION: N/A
maim
OTSC Police Grant
PREPARED BY: 'Fa a wr
DEPT HEAD OK CITY ADMIN OK REQUESTED BY:
t
ISSUE BEFO THE COUNCIL
Shall the Council provide budget appropriations to spend grant funds received
from the State for specific grant purposes?
f
STAFF RECOMMENDATION
We recommend that Council approve the grant appropriation resolution.
i
INFORMATION SUMMARY
When a grant is awarded to a City after the budget has been adopted, Local t
Budget law, ORS 294.326 (2), provides that budget authority to spend such
funds may be granted by resolution by the governing body.
The Oregon Department of Transportation Traffic Safety Division awarded the
City of Tigard a traffic safety grant on Peptember 3.0, 1991 in the amount of
$52,215. The grant is to be'used to partially fu;id DUII enforcement. The
City match required includes wages and benefits of an existing position along
with specialized training costs. The concept of this grant was discussed
with the Budget Committee at their meeting in November.
PROPOSED ALTERNATIVES
1. Recognize grant revenue and appropriate funds in Police Department.
2. Do nothing. '
FISCAL NOTES
t
1. Except for City in kind unit h, all axpandlt."=sa i:rG rGiuwursabla up to
w
maximum of $52,215.
F
I
i
f
i
COUNCIL AGENDA ITEM 3.5
CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUMMARY
AGENDA OF: January 14. 1992 DATE SUBMITTED: December 19, 1991
ISSUE/AGENDA TITLE: Appointments to PREVIOUS ACTION:
Neighborhood Planning Or anizations _
PREPARED BY: Elizabeth Ann Newton
DEPT HEAD OK CITY ADMIN O REQUESTED BY: Mayor's ADM. Comm.
ISSUE B FORE THE COUNCI!
Consideration of appointments to Neighborhood Planning Organizations.
STAFF RECOMMENDATION
Adopt the attached resolution making appointments to NPOs 4 and 5
INFORMATION SUMMARY
The Mayor's Appointment Advisory Committee met on December 17, 1991 to interview interested
citizens for appointments to various Neighborhood Planning Organizations. The Planning Commission
met on January 6, 1992 to consider the appointments. The attached resolution, if adopted, approves
the recommendations of the Mayor's Appointment Advisory Committee.
PROPOSED ALTERNATIVES
1. Adopt the proposed resolution.
2. Decline action at this time.
FISCAL NOTES
h:Moain\liz\nooaasum
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New.
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IMF=
_ COUNCIL AGENDA ITEM
CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUMMARY
AGENDA OF: January 14, 1992 DATE SUBMITTED: December 23, 1991
ISSUEIAGENDA TITLE: Reappointment to PREVIOUS ACTION:
Neighborhood Planning Organization #5 /1 A
/ 1011 PREPARED BY: Elizabeth Ann Newton
DEPT HEAD OK CITY ADMIN OK REQUESTED BY: Mayor's Appt. Comm.
ISSUE BE ORE THE COUNCIL
Consideration of a reappointment to Neighborhood Planning Organization #5.
STAFF RECOMMENDATION
Adopt the attached resolution making a reappointment to NPO #5.
INFORMATION SUMMARY
Bill Bieker has served on NPO #5 since 1981. His term expired on December 31, 1991. He would like
to serve another four year term. There is no limit on the number of terms an NPO member may serve.
' NPO #5 currently has six members, less than the seven required. The attached resolution, if adopted,
reappoints Bill Bieker to NPO #5.
PROPOSED ALTERNATIVES
1. Adopt the proposed resolution.
2. Decline action at this time.
-
FISCAL NOTES
&ME
0
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State of the City Address
C January 14, 1992
Mayor Jerry Edwards
Good evening....
This evening, I will speak about the City of Tigard. I will also
spend a few moments to discuss the region and how we are impacted
by decisions being made over which we have little or no control.
I will review what took place in Tigard in 1991 and how we have
changed in just one year. I would also like to give you some
perspective on our changes over the past five years.
• In the fiscal year 1990/91, the citizens were served by 167.75
employees.
• For fiscal year 1991/92, we will deliver the same service with
v 162.5 employees. This is a 3% reduction in overall personnel.
In fiscal year 1986/87, we had 113.25 City employees. Our
population at that time was 20,675. Today our population is
31,000. In five years, our population grew by 49% (about
2,000 persons per year). Our employee numbers grew by 43%.
MEN
During this period, we expanded library hours, park
maintenance, surface water management, and police services
such as the traffic unit and school resource officer. We are
making every effort to keep tight controls on our employee
C State of the City - January 14, 1992 - Page 1
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ratio. We know the public is demanding fiscal responsibility
in the cost of government.
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• In 1991-92, our total operating budget will be $9,986,664.
This represents a 19% increase from fiscal year 1989-90. Most
of this increase is attributed to mandated programs such as
surface water management, personnel cost and fringe benefit
packages for service improvements such as Sunday library hours
and the police traffic unit. a
• The City of Tigard has grown from an area of 8.95 square miles
five years ago to 10.56 square miles today. Today, we must
serve and maintain over 3.00 miles of paved roadways. We have
added over 1,000 acres to the City limits in the past five
years.
• In our Building Permit Department, we issued permits totalling
$33,385,000 in commercial valuation in 1991. This is compared
to $19,238,545 in 1990 a 73% increase.
• The City of Tigard's assessed value in 1990-91 was
$1,588,L`4z,3i1. in L.Lscal year 1991-92, will be
$1,910,326,437.
• The City has assets (not including parks or streets) of
$16,762,458. Our assets have grown 34% in the last five
State of the City - January 14, 1992 - Page 2
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years. The City of Tigard has a very good financial picture,
and we hope to continue to maintain our position, even with
Measure 5.
• Tigardfs tax rate, including fire and water districts, is
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$4.83 per $1,000 of assessed valuation. We believe we are -
operating the City prudently and the City Ccuncil has complete
confidence in the City Administrator and his staff. We also
believe vie are managing our employees very well. In fact,
under this administration, we have achieved confidence between
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labor and management. In fact, for the first time since 1978,
i
negotiations with TPOA Tigard Police Officers Association
have been concluded without arbitration.
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4 • Crowding problems in the work area for City employees is being
addressed. Some relocation of employees to a new site
purchased by the City is underway.
• The employees have completed a style guide to improve the
image of our written communication.
• A complete review of our purchasing policy and our debt policy
is underway.
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State of the City - January 14, 1992 - Page 3
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• Inventory categorizing and a review of all revenue sources is
underway and will be reviewed by City Council.
• Our Police Department has been awarded a Traffic Grant of over
$50,000. This money is being utilized for stricter "Driving
Under the Influence Enforcement. The Department also
implemented "Operation Slow Down," in order to address severe
traffic problems in our residential areas.
I
• Parking problems have been addressed and solutions have been
found in some areas. The high school area is one example of
success. j
• The City Council continues to work on many goals to enhance
service to our citizens.
S
• We are continuing to work on our park levy improvements and
street bond projects. Very good progress is being made.
• We are working on streamlining our Community Development Code
In the near fti »Y° , ^,.`.::cii w- i2Jiew moth ications to fence
regulations. We have already modified home occupancy code
requirements.
• In January, we plan to have a joint meeting with the Tigard
Water District regarding future water needs for our area.
State of the City - January 14, 1992 - Page 4
r Solid waste, transportation, land use, and the effects of the
C economy continue to be very high on our agenda.
• In the area of solid waste, the City Council adopted the Solid
Waste Franchise Ordinance. We will review the rate structure
in February of this year. We must continue to work with the
region in this area and must devote staff and Council time to
this issue.
• Transportation has been, and continues to be, a vital issue.
While everyone seems to have an answer for transportation, no
one agency or person can offer a fair and equitable solution.
We, as a City, have made several improvements such as the
Durham Road project, S.W. McDonald Street, the Main Street
Bridge, S.W. Gaarde intersection, Bonita Road, and Greenburg
Road improvements. We have also begun the Dartmouth
extension, which will enable us to continue the improvements
necessary for the proper development of the Triangle area.
our transportation problems are regional in nature. The
effects of what the State, undar ODOT, does will impact our
economic livelihood as well as our overall liveability as a
community.
In 1991, I formed a both a Blue Ribbon Task Force as well as a
committee to assist in areas which will impact our City. Issues
such as changing Highway 99 through Tigard, light rail into our
City, and the Westerly Bypass.
State of the City - January 14, 1992 - Page 5
i
It is no easy task to keep up with the many regional. organizations
which have been formed. I mentioned last year that citizens must
become more aware and involved in what is happening in the region.
I feel we are losing ground in this area. We lose more local
control daily. We are not vocal in a majority. The minority is
the loudest voice and the general public, for whatever reason, does
not pay close enough attention to what is taking place.
s
I asked staff to give me a list of groups now formed by State,
local and regional governments. These groups are working on
everything from transportation, land use regulations, water,
library use, to cable t.v. regulations. These groups overlap each
other in many areas, but nevertheless, they exist. It reminds me
of "divide and conquer." We are so fragmented as a local
government, it becomes impossible to be on top of all the issues.
Regional Groups:
' r
RGC Regional Governance Committee - formed to educate
and provide input during the Metro Charter
Focus Forum on Cooperative Urban Services
JPACT Joint Policy Advisory Committee on Transportation -
Metro-sponsored group
WCTCC Washington County Transportation Coordinating
Committee (advisory to JPACT)
AOC/LOC Association of Counties/League of Oregon Cities
cooperative group formed to respond/participate in
Governor's conversation
Hamm Green- Metro-snonsored group
spaces
Program
RUGGO Regional Urban Growth Goals and Objectives - Metro-
sponsored program
WCCCA Washington County Consolidated Communications Agency
WCCAO Washington County Community Action Organization
TPAC Transportation Policy Alternatives Committee
(Metro-sponsored) (list cont. on next page)
State of the City - January 14, 1992 - Page 6
MACC Metropolitan Area Communications Commission (cable
television)
WCCLS Washington County Cooperative Library Services
CLAB Cooperative Library Advisory Board (sub-group of
WCCLS)
County-wide Senior Citizens Task Force
Ladies and gentlemen, I could continue to speak at length on the
City and the region. I have only given you a small picture.
However, I feel the real message is to become involved in the
community and the region. We are being responsive we are being
prudent we are providing a service equal to your dollar spent.
You do have dedicated personnel working for the City. There is no
such thing as a complete success. This City Council is doing the
best it can to make policy decisions which will make a difference.
H We must continue to support our system of government.
In March of this year we will hold an election to fill a vacant
council position. I welcome those who have made the decision to
run for City Council. As the Mayor, I would encourage the
candidates, as well as all citizens, to be informed about all
issues facing us in the future. It is my job, as Mayor, to lead
the Co'unc 1 and tc mcdcratc t:1~ ` ~ t
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do that and will make every effort to welcome and assist the new
Councilor, whoever that person might be.
State of the City - January 14, 1992 - Page 7
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In closing, I would like to express, once again, my thanks on
behalf of the City Council to our City Administrator, his staff,
and all City employees. You have continued to provide excellence
to the citizens of this community. To tai- - 4- - ns of T-1 gard,
especially all those who serve on boards and committees, thank you
for your time and dedication to your community.
Tigard is still the finest place to live.
Thank you,
Gerald R. Edwards, Mayor
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State of the City - January 14, 1992 - Page 8
7
C EXECUTIVE SUMMARY
January 14, 1992
a
1991 was certainly an interesting year. It seems that it was a year
in which local government was influenced primarily by 2 related,
but distinctly different forces.
ti
One force was Measure 5, which had two-fold impact on local
i
government.
The first impact was associated with the actual implementation of
the measure. In some respects, its the simpler of the 2 impacts.
Much time and energy was spent by each and every political
subdivision in the state trying to figure out what the measure
meant - politically, fiscally and legally. All awaited the state
legislation which would determine the manner in which we would
conduct ourselves fiscally. Then we all began to seek compliance.
The governor conducted her conversation to determine what. to, do
about M5, asking for public comment about government and for an
examination of the state structure to make state government more
efficient. The League of Oregon Cities launched a companion effort
to figure out how to protect the municipal interest in all of this.
Meanwhile cities throughout the state were trying to figure out how
best to protect themselves from the potential financial problems
identified by the state if no state alternative revenues could be
found.
1
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The second aspect of M 5 is the more worrisome in my mind. It has
more to do with the citizen perception of government, and the frail
and strained relationship between government and its citizen-ry.We
are not immune from the national cynicism and mistrust of govt.
Time and again attitude surveys show that local government is the
most trusted level of government, but the trust level even then is
too low to provide much satisfaction or comfort. Passage of M 5 was
an expression that voters lacked confidence in governments ability j
I
to manage itself and restructure the tax system. The citizenry took
action, because in their minds the institutions would not.
Since the vote in Nov 1990 government has done little right to
engage the citizenry in a discussion of the financial issues. In
fact government has done little to nurture confidence in our
ability to handle the matter. The media routinely carries stories
reflecting adversely on local government and even though most of
These stories relate to institutions to our northeast, most people
assume the stories are representative of all government. Since we
receive minimal print attention and no electronic media attention
we confront significant obstacles as we try to communicate
effectively with our public about what goes on here in Tigard. 3
Tax bills killed whatever sympathy local government had in the
minds of the voters. The tax base system within a tax rate
framework is certain to continue the confusion and the shift from
commercial to residential taxpayers resulted in loud taxpayer
accusations about financial misdeeds and official deception ...a
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furthering of the breach of trust between the political
institutions and the citizenry.
The second major influence during 1991 was the trend toward
regionalization and consolidation. There is a prevailing notion
advocated by some that consolidation is the cure for our growth
management and financial ills. As a result there is a significant
dedication of time to the regional issues. There are clearly
advantages to these discussions, some of which will produce
improved communication and programs and even economies of scale. As
with any new venture, some will be successful and others will not
be as successful. But, empirical research suggests that larger is
not always more efficient. Dior is quality of responsiveness
enhanced as we distance decision makers from the citizenry. My
larger concern is that the politics of regionalization and
consolidation is mostly a debate involving the political
institutions, with little role for the general citizen.
`The time I spend on regional issues has increased significantly.
More and more of the council's time is spent on regional
matters... meetings, -initiatives, solutions. The discussion of
regional issues is probably a sign of our maturity as a region and
some of these discussions are right on target. Whether you agree or
disagree, we can all agree that our political framework will change
with time.
Much is going on here in Tigard. Although the economy is slowing,
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we should not be quick to assume that the role of local government
is limited to land development driven activities. We have more
population-more street miles ...more maintenance needs as we age
as a community... more sewer lines-more requests for police
assistance... more library activity... more traffic. We at the City
of Tigard are trying to maintain and improve our services while
keeping a lid on expenditures. The 91-92 budget provided for a 6%
increase in city wide operating expenditures; however when the
increase is calculated on a per capita basis the growth rate was
1.2% By Council direction the 92-93 budget will be a hold tha lire
financial plan, maintaining service levels and launching few, if
any programs requiring major investment. As an organization we will
continue to reassess how we conduct ourselves in order to identify
efficiency gains.
The Council has started to review our board and committee
structure. Council is asking whether our structure is what we need
given our contemporary needs... Council is asking whether we have a
i
structure in place which fosters meaningful citizen participation
in the quality of life issues we confront. Time is scarce for
everyone and we must make sure that the time we have is most
appropriately directed.
The City of Tigard government remains a service organization. ..in
place to enhance the quality of life for our community. Staff
developed a values statement this past year, which council
endorsed. We have published the statement for all to see,
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supporters as well as cynics. I want to assure everyone tonight
that customer service is important to the staff and that we will
strive to pursue service excellence. FM
We are staffed by many excellent people, willing and able to
contribute to the community's well being. At an event earlier
today we honored those who were selected as employees of the month
for their special achievements this past year as well as employees
who have reached special anniversary dates with the city. These
people are key to our long term organizational success. I
acknowledge their efforts tonight.
1992 will witness the continued debate about political institutions
and regional issues and a local agenda filled with a broad range
of challenges and opportunities. Doubtless 1992 will be fascinating
to watch. Thank you for this opportunity.
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all
COUNCIL AGENDA ITEM`
CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUMMARY
AGENDA Or: januaxy 14, 1992 DATE SUBMITTED: December 23, 1991
ISSUE/AGENDA TITLE: Dissolution PREVIOUS ACTION: N/A
of County Road Levy_ Fund and
re eal of TMC cha er 3.24 PREPARED BY: Wayne Lowry
DEPT HEAD OK CITY ADMIN ON. / REQUESTED BY: Wayne Lowry
v
ISSUE BEFORE THE COUNCIL
Shall the City Council dissolve the County Road Levy special revenue fund and
repeal chapter 3.24 of the Tigard Municipal Code ?
STAFF RECOMMENDATION -
Staff recommends dissolution of the fund and Repeal of chapter 3.24.
-
INFORMATION SUMMARY
The County Road Levy fund was set up in 1980 in Tigard Municipal code chapter
3.24 to account for revenues received from the County three year serial levy
for road maintenance. The last year of the levy was 1983 and since that
time, a dwindling amount of delinquent prior years' taxes have been received.
No revenues have been budgeted in this fund since 1989/90.
Local budget law allows the dissolution of unnecesary funds and the transfer
of any residual balances to other funds by Council resolution or ordinance.
We propose to transfer the balance of the funds estimated at $11,000 to the
state gas tax fund to be used for road maintenance activities and to record
future receipts if any in the general fund.
PROPOSED ALTERNATIVES
1. Approve ordinance.
2. Do nothing.
FISCAL NOTES
No fiscal impact.
1 11 i~~ Jill 11, !1