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City Council Packet - 02/11/1992 w, CITY OF TIGARD A f/ ffi!' h~:r..•<k.~;:.•~,v~„'~;,~z~wf.~,i~;v.,.,,~..~z4~:.;kfi.F; >.;~F..;~. ,.f:~"''•r~~`> OREGON !E•• Y/$'lufr:::r:•r l.:M1K;: G.A/:;{rr / tin. v.. /fity' f ;9 ON HE 1. >f.rr: 'k '~....4 SCE` nt 0}} Y,/wa IfJif4 H• AGENDA Yx;, r'•. S`ffr~-YC~,9'. ~:'rr ~r,•{:..f.{c' • s~'1^!y : 3 4 T,.~:f~ gyp![,; . y,.5~'{,.;Sfii,o: a~ ff~ ~F. .f ~ i;,~.'•rj°~ : `"vs3: ~ Y•f`.L,.' 'a' ~+•'~"Y.'2ks~f~%',^~1;5:C PUBLIC NOTICE. Anyone wishing to speak on an ' >k' F : ` "f ¢z a enda item should sin on the appropriate sign- u {k>`" n v<, 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.) Workshop Discussion - Solid Waste Advisory Committee (Solid Waste Rates) Executive Session: The Tigard City Council will go into Executive Session under the provisions of ORS 192.660 (1) (f) to discuss exempt public records. 1. BUSINESS MEETING (7:30 P.M.)) 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. KEYS TO THE CITY TO BOARD AND COMMITTEE MEMBERS • Mayor Edwards 3. VISITOR'S AGENDA (Two Minutes or Less, Please) 4. 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: 4.1 Approve Council Minutes: January 23, 1992 4.2 Receive and File: Council Calendar 4.3 Local Contract Review Board - Authorize Advertising for Bids on Capital Improvement Program Projects 4.4 Authorize City Administrator to Sign an Easement of Extinguishment - Locust Street - Resolution No. 92- _!~17 COUNCIL AGENDA - FEBRUARY 11, 1992 - PAGE 1 MEIN= PUBLIC HEARING - ZONE CHANGE ANNEXATION ZCA 91-0019 WISE A request to annex one parcel consisting of 0.95 acres to the City of Tigard and to change the zone from Washingivn ml fty R-6 ~Rasidential, 6 units/acre) to City of Tigard R-4.5 (Residential, 4.5 ~~u ~ units/acre). APPLICABLE REVIEW CRITEiI Cor ^r! unity Development Code Sections 18.32.020, 18.32.040, 18.32.130, 18.36.030, 18.136, 18.138, and 18A38.020 (A; (R); Comprehensive Plan Policies 10.1.1, 10.1.2, 10.1.3, 10.2.1, 10.2.2, 10.2.3, 10.3.1, and 10.3.2. LOCATION: 12287 SW Lansdowne Lane (WCTM 2S1 313C, tax lot 1200) ZONE: Washington County R-6 (Residential, 6 units/acre). The City of Tigard R-4.5 zoning allows single-family residential units, public support facilities, residential treatment homes, farming, manufactured homes, family day care, home occupations, temporary use, and residential fuel tanks among other uses. • Public Hearing Continued from January 28, 1992 • Declarations or Challenges • Staff Report - Community Development Department • Public Testimony: - NPO - Proponents (Speaking for Annexation) - Opponents (Speaking Against Annexation) - Additional Testimony • Staff: Response to Testimony and Recommendation to Council Council Questions or Comments • Close Public Hearing r .nnQirj=rMtinn by C'eunci!: Resolution No. 92-b!. ; Ordinance No. 92-0'R 6. PUBLIC HEARING - ZONE ORDINANCE AMENDMENT ZOA 91-0003 A proposal to consider amending the Community Development Code Chapter 18.100.090 Setbacks for Fences or Walls; and to amend vision clearance requirements Chapter 18.102.101 (C) to address topography and vertical curve situations. • Public Hearing Continued from January 28, 1992 • Declarations or Challenges • Staff Report - Community Development Department • Public Testimony: Proponents (Speaking for Annexation) Opponents (Speaking Against Annexation) Additional Testimony • Staff: Response to Testimony and Recommendation to Council • Council Questions or Comments • Close Public Hearing • Consideration by Council: Ordinance No. 92-- ` F COUNCIL AGENDA _ FEBRUARY 11, 1992 - PAGE 2 mom v - 7. PUBLIC HEARING - ZONE ORDINANCE AMENDMENT ZOA 91-0006 FRONT WARD STORAGE (ALL N1PO'S) A proposal to delete section 18.96.060 (A) of the City of Tigard Community Development Code which prohibits front yard storage in a residential zone. Section 18.96.060 Storage in Front Yard (A) states: Boats, trailers, campers, camper bodies, house trailers, recreation vehicles, or commercial vehicles in excess of 3/4 ton capacity shall not be stored in a required front yard in a residential zone. LOCATION: Citywide APPLICABLE APPROVAL CRITERIA: Community Development Code Section 18.22.040 and 18.96.060 • Public Hearing Opened • Declarations or Challenges • Staff Report - Corm- 1uniLi )i vavaivpmvnt Dqn-arFri'7F?nt • Public Testimony: Proponents (-Speaking for Annexation) Opponents (Speaking Against Annexation) Additional Testimony • Staff: Response to Testimony and Recommendation to Council • Council Questions or Comments • Close Public Hearing • Consideration by Council: Ordinance No. 92-C 25 8. CONSIDERATION OF REVISION OF CITY STREET VACATION ORDINANCE • Community Development Staff • Ordinance No. 92t 9. NON-AGENDA ITEMS 10. ADMINISTRATIVE UPDATE/ISSUES • City Administrator 11. 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. 12. ADJOURNMENT h: recorder\coa\coa0211.92 i 1 i i I i COUNCIL AGENDA - FEBRUARY 11, 1992 - PAGE 3 . r Council Agenda Item l T I G A R D C I T Y C O U N C I L MEETING MINUTES - FEBRUARY 11, 1992 • Meeting was called to order at 5:40 p.m. by Mayor Edwards. 1. ROLL CALL Council Present: Mayor Jerry Edwards; Councilors Valerie Johnson, Joe Kasten, Jack Schwab, and John Schwartz. Staff Present: Patrick Reilly, City Administrator; Dick Bewersdorff, Senior Planner; Loreen Edin, Administrative services/Risk manager; Wayne Lowry, Finance Director; Ed Murphy, Community Development Director; Liz Newton, Community Relations Coordinator; Tim Ramis, Legal Counsel; and Catherine Wheatley, City Recorder. STUDY SESSION Solid Waste Rate Study Executive Session: The Tigard City Council went into Executive Session at 5:45 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. 3 (Study Session reconvened at 5:50 p.m.) y Also present during this issue: Solid Waste Advisory Committee: Gerry McReynolds, Chairperson; Mark Irwin, Donald Jacobs, Tom Sullivan (arrived at 7:25 p.m.), Cece Dispenza. Ex-Officio Members: Tom Miller, Mike Leichner, Larry Schmidt. Two consultants from Coopers & Lybrand presented the results of their solid waste disposal services study. The focus of the presentation was on three general issues: 1) Subsidy between service lines; 2) Rate of return computation standards; and 3) Impact of future service enhancements on the rate structure. now The consultants reviewed txaeir summary. (Note: Portions of the Consultant's document is exempt from public access and was reviewed by the Council in Executive Session.) CITY COUNCIL MEETING MINUTES - FEBRUARY 11, 1992 - PAGE 1 Executive Session: Council met in Executive Session (ORS 192.660 [1][f] "to discuss exempt public records.") at 6:35 p.m. Council (study) meeting reconvened at 7:22 p.m. At the conclusion of the workshop, Council consensus was to schedule time (March 10) to review the following information to be gathered by staff: i Solid waste rate structure formulated to achieve • encouragement of recycling • profit guarantees for haulers • encouragement of business practice efficiencies • minimize subsidy of commercial to residential 2. ]KEYS TO THE CITY Mayor Edwards presented Keys to the City to the persons listed below in appreciation for their service on the following committees: • Tony Orlandini - Economic Development Committee • Nancy Smith - NPO 3 • Michael Meinecke - Solid Waste Advisory Committee • Wendi Hawley - NPO 5 • Cynthia Iford - NPO 8 3. VISITOR'S AGENDA: a. Mr. Cal Woolery requested Council consider street name changes from the Morning Hill Homeowners' Association. A petition was presented requesting that S.W. Hart Street (between 133rd Avenue and 135th Avenue) and S.W. Tolar_d Street (between Morning Hill Drive and 133rd Avenue) be changed to S.W. Benish. This would make a continuous street out of three streets only two or three lots in length. In addition, confusion exists with Hart Road in Beaverton which also has a cross street of 135th Avenue. Emergency vehicles have respc-ided to the Beaverton location by mistake. Motion by Councilor Johnson, seconded by Councilor Kasten, to direct staff to embark on the legal process to change the street names. The motion was approved by a unanimous vote of Council present. C CITY COUNCIL MEETING MINUTES - FEBRUARY 11, 1992 - PAGE 2 y b. Mr. Raymond Ross advised that hi.s company failed to Soo submit a notification of certain vehicle information relating to the recent solid waste ordinance. Mr. Ross's company currently collects and disposes of their own solid waste with private vehicles. In order to continue this practice, certain conditions were outlined in the recently approved ordinance. Consensus of Council was to direct staff to review Mr. Ross's request and advise as to procedure. 4. CONSENT AGENDA - Motion by Councilor Schwab, seconded by Councilor Schwartz, to approve the following Consent items: 4 4.1 Approve Council Minutes: January 23, 1992 ! 4.2 Receive and File: Council Calendar 4.3 Local Contract Review Board - Authorize Advertising for Bids on Capital Improvement Program Projects 4.4 Authorize City Administrator to Sign an Easement of Extinguishment - Locust Street - Resolution No. 92-07 The motion was approved by a unanimous vote of Council present. 5. PUBLIC BEARING - ZONE CHANGE ANNE aT-ION ZCA 91-0039 WISE A. request to annex one parcel consisting of 0.95 acres to the City of Tigard and to change the zone from Washington County R-6 (Residential, 6 units/acre)., to City of Tigard R-4.5 ' (Residential, 4.5 units/acre). APPLICABLE REVIEW CRITERIA: Community Development Code Sections 18.32.020, 18.32.040, 18.32.130, 18.36.030, 18.136, 18.138, and 18.138.020 (A)(B); Comprehensive Plan Policies 10.1.1, 10.1.2, 10.1.3, 10.2.1, 10.2.2, 10.2.3, 10.3.1, and 10.3.2. LOCATION: 12287 SW Lansdowne Lane (WCTM 2S1 3BC, tax lot 1200) ZONE: Washington County R-6 (Residential, 6 units/acre). The City of Tigard R-4.5 zoning allows single-family residential units, public support facilities, residential treatment homes, farming, manufactured homes, family day care, home occupations, temporary use, and residential fuel tanks among other uses. a. Public hearing was continued from January 28, 1992. b. There were no declarations or challenges. C. During the staff presentation on January 28, 1992, Community Development Staff reported that a copy of a document (annexation non-remonstrance agreement) had been found concerning several properties on Tippett Place; these properties are adjacent to the property requesting annexation. Community Development Director advised that CITY COUNCIL MEETING MINUTES - FEBRUARY 11, 1992 - PAGE 3 i V the nonremonstrance agreements for addresses on Tippett Place do not appear to be valid. Property owners have not been contacted to determine interest in annexation at this time. Staff recommended that the Council approve the resolution and ordinance as presented in the Council packet. - d. Public testimony: None. e. The public hearing was closed. f. RESOLUTION NO. 92-08 - A RESOLUTION INITIATING ANNEXATION TO THE CITY OF TIGARD OF THE TERRITORY AS DESCRIBED IN EXHIBIT "A1° AND OUTLINED IN EXHIBIT "B" ATTACHED. (ZCA 91-19) (WISE) g. Motion by Councilor Schwartz, seconded by Councilor Kasten, to adopt Resolution No. 92-08. The motion was approved by a unanimous vote of Council present. h. ORDINANCE NO. 92-03 - AN ORDINANCE ADOPTING FINDINGS AND CONCLUSIONS TO APPROVE A ZONE CHANGE (ZCA 91-19) (WISE) AND DECLARING AN EFFECTIVE DATE. i. Motion by Councilor Schwartz, seconded by Councilor Kasten, to adopt Ordinance No. 92-03. The motion was approved by a unanimous vote of Council present. 6. PUBLIC HEARING - ZONE ORDINANCE AMENDMENT ZOA 91-0003 A proposal to consider amending the Community Development Code Chapter 18.100.090 Setbacks for Fences or Walls; and to-amend vision clearance requirements Chapter 18.102.101 (C) to address topography and vertical curve situations. a. Public Hearing Continued from January 28, 1992. b. There were no declarations or challenges. co Senior Planner Bewersdorff reviewed the staff report as submitted in the Council meeting packet. dw Public testimony: • Judy Fessler, 11180 S.W. Fonner Street, Tigard, Oregon reviewed a portion of the discussion which had been held when this item was before the C CITY COUNCIL MEETING MINUTES - FEBRUARY 11, 1992 - PAGE 4 i Planning commission. One problem to consider was the fact that fences in front yards could create a surveillance problem for Neighborhood Watch and for police security purposes. e. Council discussion: • Senior Planner Bewersdorff, in response to a question from Councilor Schwab, clarified vision clearance provisions in the proposed language with regard to entrance/exits to property from a traffic perspective. The ordinance contains provisions to preserve adequate motorist sight distances. • Mayor Edwards noted that it was his desire to allow as much flexibility as possible for proeprty owners. He noted the concern, as stated by Ms. a Fessler during her testimony was well taken, but that it should be up to the individual property I! owner whether or not they would want a fence in their front yard in lieu of Neighborhood Watch and security concerns. • Councilor Johnson said that with increasing traffic on Tigard streets, private fences restore some privacy to the residential property. She agreed with the Planning Commission recommendation. • Councilor Schwab concurred with Councilor Johnson's remarks and was satisfied that visibility for motorists was addressed in the proposed ordinance. • Councilor Kasten and Councilor Schwartz advised they, too, agreed with the Planning Commission recommendation. f. Public hearing was closed. g. ORDINANCE NO. 92-04 - AN ORDINANCE TO AMEND PROVISIONS OF THE COMMUNITY DEVELOPMENT CODE PERTAINING TO FENCE REQUIREMENTS, SECTION 18.100.090 AND CLEAR VISION REQUIREMENTS, SECTION 18.102.020. h. Motion by Councilor Johnson, seconded by Councilor Kasten, to adopt Ordinance No. 92-04. The motion was ap;)roved by a unanimous vote of Council present. CITY COUNCIL MEETING MINUTES - FEBRUARY 11, 1992 - PAGE 5 C 7. PUBLIC HEARING - ZONE ORDINANCE AMENDMENT ZOA 91-0005 FRONT YARD STORAGE (ALL NPO'S) A proposal to delete section 18.96.060 (A) of the City of Tigard Community Development Code which prohibits front yard storage in a residential zone. Section 18.96.060 Storage in Front Yard (A) states: Boats, trailers, campers, camper bodies, house trailers, recreation vehicles, or commercial vehicles in excess of 3/4 ton capacity shall not be stored in a required front yard in a residential zone. LOCATION: Citywide APPLICABLE APPROVAL CRITERIA: Community Development Code Section 18.22.040 and 18.96.060 a. Public hearing was opened. b. There were no declarations or challenges. C. Senior Planner Bewersdorff reviewed the Staff Report as submitted to the City council in their meeting packet. d. Public testimony: Opponents (against amendments) • Harry L. Schukart, 11910 S.W. Morning Hill Drive, Tigard, Oregon advised he was testifying as President of the Morning Hill Homeowner's Association. He said 95% of the association members were opposed to the amendments because such action would likely lead to other unsightly front yard storage. Mr. Schukart advised that if people can afford recreational vehicles (rv's), then they should be able to afford to store them in a proper place. He said covenants and restrictions would be one way to regulate front yard storage; however, residents would have to file a civil suit and go through the court system. This, he advised, would be too costly. • Teri Wasco, Tigard, Oregon, noted problems with cars parking on sidewalks or streets because of front yard storage of rv's. She noted aesthetics would be damaged and front yard storage was "visual hara: smcnt- . 1° She cited several existing problems near her neighborhood. Elm • Cal Woolery, 12356 S.W. 132nd Court, Tigard, Oregon, testified as Chair of NPO 7. He said the NPO would not want to see any change in the current ordinance and recommended improvement of CITY COUNCIL MEETING MINUTES - FEBRUARY 11, 1992 - PAGE 6 enforcement of the current provisions. Dale Rossman, 13355 S.W. 76th Avenue, Tigard, `s Oregon noted he would not want the current ordinance changed. He cited safety issues and adverse affects on market values if rvms were allowed to park in front yards. He added that, while the ordinance was not perfect, it gave City i staff some ability to regulate problems. i • D.K. Paul, 14137 S.W. Fanno Creek Court, Tigard, Oregon, testified as President of the Colony Creek Estates Homeowners' Association. Mr. Paul said residents in his area were 80-90% opposed to repealing the ordinance as was being proposed. He cited the desire to maintain attractive neighborhoods and adverse affects cn property values if the ordinance was repealed. • Mike Brewin, 9955 S.W. Kable, Tigard, Oregon, requested that Council not repeal the ordinance. He, too, cited adverse affects on property values. OEM Mr. Brewin distributed pictures taken earlier in the day which illustrated his point about the current problem in Tigard. (Note: Mayor Edwards, during later remarks, commented that many of the photos were of situations which would not be addressed by current language.) Mr. Brewin urged Council to not change the ordinance because of a vocal minority who were breaking the law on this issue. Proponents (for amendments) NPO 5 Chair, Craig Hopkins, reviewed NPO 5's efforts. The NPO initiated an amendment to repeal the Code restrictions following a series of neighborhood complaints and discussions on the issues. Reactions from all NPOs on this issue were mixed. Since the code only applies to the required font yard (normally 20 feet) campers, recreational vehicles, boats, etc., can be legally stored in many front yards. Older subdivisions, many times, have greater setbacks e;hich ::ould alp V~~fiVi1 ~ SQl\4 J• i4. mom storage. C. The public hearing was closed. d. Council comments. Council remarks were generally in favor with the Planning Commission findings which CITY COUNCIL MEETING MINUTES - FEBRUARY 11, 1992 - PAGE 7 i s s gap= recommended that the Council maintain the existing regulations, citing neighborhood aesthetics as the main rationale. In addition enforcement, safety, and infringement of another's property rights were of concern to the Council. G. Motion by Councilor Johnson, seconded by Councilor Kasten, to deny the NPO 5 application for the repeal of Section 18.96.06 A. The motion was approved by a unanimous vote of Council present. j f. Councilor Johnson requested a conversation by Council at ' a future study session meeting regarding policy on Code Enforcement. 8. CONSIDERATION OF REVISION OF CITY STREET VACATION ORDINANCE a. Senior Planner Bewersdorff reviewed this agenda item. The proposed ordinance would revise the City's street vacation notification requirements to coincide with 1991 changes in Oregon State Statutes. b. ORDINANCE NO. 92-05 - AN ORDINANCE TO AMEND PROVISIONS OF THE TIGARD MUNICIPAL CODE PERTAINING TO NOTICE OF PUBLIC HEARING FOR STREET VACATIONS, SECMTON 15.08.120. l c. Motion by Councilor Kasten, seconded by Councilor Schwab, to adopt Ordinance No. 92-05. The motion was approved by a unanimous vote of Council present. 9. EXECUTIVE SESSION: The Tigard City Council went into Executive Session at 8:45 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. 10. ADJOURNMT• 8:55 p.m. Attest: Catherine Wheatley, City corder Mayor CifyL~Ti.gard Date: 3 - q h:\recorder\ccm\ccn0291.92 CITY COUNCIL MEETING MINUTES - FEBRUARY 11, 1992 - PAGE 8 i i maul= Em Em 3 f COMMUNITY NEWSPAPERS, INC. Legal P.O. BOX 370 PHONE (503) 684-0360 Notice TT 7155 BEAVERTON, OREGON 97075 Thc; following mec-un M h Ls ark, PU #jshe Advertiaic$g agendas may be obta goed;~ro, ^ lrsl rdsY u~f aattna rim Boiilevard, ~Igarol, e ' 31425 $ ► Fltidl ' e .Y tt 47?2~, mrlrycail,dg t53S-41? i Tigard FE8 2 4- 1992 ❑ Tearsheet Notice CITY C+()I3AI City of E~IL ~tTSMS. ® PO Box 23397 13 ® 14I1y" 11 er 1VtTIPG ` RAR Duplicate Afifiidaw s 299i' Tigard, Or. 97223 CITY Of TIGARD TIC 9Rtt Cl' TO1ld't+t s ® -13125 S W. HALL f30LILEVARt~, ~TGARO .GT Study Z~1cx;ttng (Tovra~aII Conference F Room) (5 3o P r.~) - ~'Joakshop_IVlectsn vrc { Vlasle Plates g th Splcd ytsfit~ Advisory E~ ;m e~te~ =-``5 AFFIDAVIT OF PUBLICATION r: Batsi~ess fd&6ng ~'ToN~ Hall) (7:30 p ?Li STATE OF OREGON, 4S COUNTY OF WASHINGTON, )ss' Kays to tb'e C~tY' ApprecaatYon to r,rrer f3narcf and Co mitt v J1.adith Koehler bets t being first duly sworn, depose and say that I am the Advertising i€earin ' s Director, or his principal clerk, of the 'rti garA Ti mac a newspaper of general circulation as defined in ORS 193.010 a or~~C go `Brlb~ t ql? CA 1 ~9, oy g Op and 193.020; published at- Tj-garrl in the I'3 07 `Pwp ~{Cpry ue aforesaid county and state; that the "28'9 d~aatYeAnteR.fruenf -'ZOA ~ }pfs Gity Co mr, L Bus; ness Me t•; ng 12$ 9 }r T"t~ liar fences orw $ t x f~ ei ua nlmue~ Eton ° a printed copy of which is hereto annexed, was published in the a slpn;a nog tip f ~r► c~Ile,.tor,treetselud3s+ Ibi , entire issue of said newspaper for Orte -successive and 4 address to r`dYvtshortea~ittCp ~gr~ h a loo-»~ an V 14ti2 GF3NC'$ItU~t€01 w 2 g consecutive in the following issues: j. Zane Cardtnarrce 7kmeadmen r ; Store e A m fi,9i, ~(';70~~ P~Q sal to Fn ~le~c the February 61 1992 Coyle clt b?b=ts tiitar ae inn 4~f ti e T gaq viastiell r ,tr szx's~del~t~a9sne`,~ a i C yonszdrisnau9rt r!f Or r;anEe Xr 61 s""°d4W r r rt"!-►f`C Z(} Cst~~~r0 ( `•A~2/j' v- '~il~'" •iirYRi ~IJO~t{~✓NG +YYS~M VI )So t Wli![pt 3 1 i 1t +1 `r 5., s=t x.{ r : 1 r4.. U- ' x 1 7 J.n { xecu Vey~y s £ 1 a IQ` f h V;f .~j'.ky Kt r d ti ti:;n l }F $t 3r es 14"0114 Subscribed and sworn to before me this 6th day of K t Sessia'nuFebruary 1992 det?the~rosrastsaf 92u j iptnnti4 iiUSgationassus or•s,xa?,-r$v traZtsacbb;i`c Gb)t Notary Public for Oregon t"Z'7155 ~ttblasit Febru f i ,t < aryt~ 19J2 ~ st v MY Commission Expires: AFFIDAVIT 11j! ONE 0111 gli i f• ii -MEMO=[ COMMUNITY NEWSPAPERS, INC. Legal ~V P.O. BOX 370 PHONE (503) 684-0360 Notice TI' 7151 lJ BEAVERTON, OREGON 97075 Legal Notice Advertising PUBLIC i~,IaTNG City Qf Turd s The r0l1cwing will be considered by the Tigard Cny'Council on Eebruar}~ - I1 Box 2 ❑ Tearsheet N 1l; 1992, at 7.30P.M. ;af Tigard Ctvic_Cenier, Town Hall Rooinp 1312" t 33 7 b ® Tigard, OR 97223 e S W _Hall,&oulevard;Tigard; Oregon:rirtl:erinfoiination may be o ❑ Duplicate At, .tained'frrm the Cornr~iufiity Deveiopineni Director br.'City Recorder at the same letadbn or by calling.63941%Y664re invited,[o ' bniit:writterill +B a testirill in advarl of the public hearing; written and oral'testimony-; will be considered at thq h*gn$ _ The public hearing Will be coitd6cted xrl.,, accoidan„ a wi h the applicable Chapter 18:32 of the T igard Nfunicipai Code and any rules of procedure adapted by tie ~ouncii tid available at s =City Hall - ; , AFFIDAVIT OF PUBLICATION zo1VE Q1DUTAN E'Arv1ENDMENT Z OA 9l-QOOS STATE OF OREGON, ) MNT~(ARb STORAGE (ALL NPQs COUNTY OF WASHINGTON, )ss A'piropoul to-delete section i8.96 060:(A) of ih^ City ref ? igard mom: Judith Kehler rill Liev h a opinerill' which Prohibits fron . ; yard storage in a residential zone Secd6 18.96.060 Store m Fries (A)-St , tes° being first duly sworn, depose and say Pat a Advertising . Boais; trailers; campers,camper adtes,bouse trailers, recreation V*chrcles~ Director, or his principal lcerk, of the~c1 1UMS or commercial vehrcE?s in excess of 3/4-ton capacity.shaltnpt be;slpred id a newspaper of general circu{gt onrd4 a defined in ORS 193.010 a recjUired frcint yard in a residential'zone.1 CAT[QN: Citywide A1'' and 193.020; published at 11 in the PLICAL3LE;fiPPR0VAL CRITERIA Community Develogmeral Cad afpres c 71mrinnd~ #$t~' 2s~atOtne5 Section ll~ 22.G40 and: I8 96060; Yl1b tea GU y UU ~ a printed copy of which is hereto annexed, was published in the TT"II51 Publish January 30 1992 , entire issues of said newspaper far-One ----:_successive and consecutive in the following issues: January 30, 1992 l Subscribed and savor o before me this-30th day of January, 1992. i Notary Public for Oregon IVIy Commission xpires: AFFIDAVIT i I CITY OF TIGARD, OREGON ! AFFIDAVIT OF POSTING In the Matter of the Proposed STATE OF OREGON ) County of Washington ) ss City of Tigard ) I, • begin first duly sworn, on oath, depose an say: That I posted in the following public and conspicuous places, a copy of Ordinance Number (s) - --4., 4-6 S which were adopted at the Council Meeting dated 1 61 q copy(s) of said ordinance(s) being hereto attached and by reference made a part hereof, on the ) Si day of AA LAli Lk4 , 19 q ~ 1. Tigard Civic Center, 13125 SW Hall Blvd., Tigard, Oregon 2. Washington Federal Savings Bank, 12260 SW Main Street, 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 day of DUA CA &A g OFFICIAL SEAL M. JOANN HAYES NOTARYPUBLIC•OREGON NotaryP lic for Oregon COMMISSION N0.006513 MY COMMISSION EXPIRES MAY 5, 1995 My Commission Expires: 5 I -I.- loginw-post III I IgIINII 111,111 '111 CITY OF TIGARD, OREGON ORDINANCE NO. 92-_0_5 AN ORDINANCE ADOPTING. FINDINGS AND CONCLUSIONS TO APPROVE A ZONE CHANGE (ZCA 91- 19) (WISE) AND DECLARING AN EFFECTIVE DATE. WHEREAS, the City has received a request for annexation signed by George and Jamie Wise, who are the owners of the subject parcel; and WHEREAS, The City Council held a public hearing on January 28, 1992 to consider the annexation request and to consider zoning designations for the property; and WHEREAS, on January 28, 1992 the City Council approved a resolution forwarding the annexation to the Portland Metropolitan Area Local Government Boundary Commission; and WHEREAS, the zoning district designation recommended by the planning staff as set forth in Section 1 below is that which most closely conforms to the Washington County zoning designation as provided in the Washington County-Tigard Urban Planning Area Agreement. THE CITY OF TIGARD ORDAINS AS FOLLOWS: Section 1: The recommendation of the planning staff as set forth below is consistent with policy 10.1.2 and 10.1.3 of the City's Comprehensive Plan. Tax Man/Lot Number Current Zoning Proposed Zoning 2S1 03BC/1200 Wash. Co. R-6 Tigard R-4.5 Current Plan.Designation Proposed Plan Designation Wash. Co. R-6 Tigard Low Density Residential Section 2: The property meets the definition for an established area as defined in Chapter 18•.138 of the Community Development Code and shall be designated as such on the development standards area map. Section 3: This ordinance shall become effective upon filing of the annexation final order with the office of the Secretary of State. PASSED : By vote of all Council members resent after being read by number and title only, this ITUD_ day of Ly Cather:n~ Wheatley, City Reco er APPROVED: This ll CY day of , 19,92 G r d-R, Edwards, Mayor App oved as t f dLE:v Attorney / Date / 1, awm gem a i STAFF REPORT January 28, 1992 TIGARD CITY COUNCIL TIGARD TOWN HALL 13125 S.W. HALL BOULEVARD TIGARD, OREGON 97223 A. FACTS: CASE: Zone Change Annexation 91-19 IBM REQUEST: To annex a parcel consisting of 0.95 acre of unincorporated Washington County into the City of Tigard, and for zone change from Washington County R-6 (Residential, 6 units per acre) to City of Tigard R- 4.5 (Residential, 4.5 units per acre). COMPREHENSIVE PLAN DESIGNATION: Washington County Residential, 6 units per acre. ZONING DESIGNATION: Washington County R-6 (Residential, 6 units per acre). APPLICANT: George and Jamie Wise 12287 SW Lansdowne Lane Tigard, Oregon 97223 OWNERS: George and Jamie Wise 12287 SW Lansdowne Lane Tigard, Oregon 97223 LOCATION: 12287 SW Lansdowne Lane. WCTM 2S1 03BC, tax lot 1200 2. Background Information No previous applications have been reviewed by the City relating to this property. 3. Vicinity Information Properties to the north of the site are in Washington County and are zoned for single family residential development. Property to the east is zoned R-4.5 (Residential, 4.5 units per acre) and is in the City of Tigard. All properties to the west are single family lots in the City of Tigard. Properties to the south are in the City of King ZCA 91-19 Staff Report 1 f City and are zoned R-4.5 (Residential, 4.5 units per acre. 4. Site Information and Proposal Description The property to be annexed have one single family residence with the remainder of the property undeveloped. The property is largely open with grass and a few trees scattered throughout. The applicants requested that their parcel be annexed into the City of Tigard in order to connect the parcel to sanitary sewer line. There is an existing sewer line on the property which is located at the westerly corner of the property. 5. Agency and NPO Comments Tigard Water District, Tualatin Valley Fire District, Washington County Land Use and Transportation, City of Ring City, General Telephone and Electronics, NW-Natural Gas, Tigard School District 23J, Portland General Electric, and Metro Area Comminication have reviewed the proposal and offer no objections or comments. Tigard Police Department has the following comments: The City should attempt to annex the rest of Tippitt Place, it would be easier for the Police department in locating the property address if the entire street was annexed. B. FINDINGS AND CONCLUSIONS The relevant criteria in this case are Tigard Comprehensive Plan Policies ; 2.1.1, Citizen Involvement; 6.3.1, Established Areas; 10.1.1, service Delivery Capacity; and 10.1.2, Boundary Criteria and chapters 18.136, i Annexations; and 18.138, Established/Developing Area Classification of the Tigard Community Development Code. The planning staff has determined that the proposal is consistent with the relevant portions of the Tigard Comprehensive Plan based upon the findings noted below: 1. Plan Policy 2.1.1 is satisfied because the Neighborhood Planning Organization and Community Planning Organization as well as surrounding property owners were given notice of the hearing and an opportunity to comment on the request. 2. -flan Policy o.3.1 is satisfied because the annexation will be designated as an established area on the development standards r map. 3. Plan Policy 10.1.1 is satisfied because the City has conducted the Washington County Island Urban Services Study which includes the subject property. This study indicates that adequate services are 3 ZCA 91-19 Staff Report 2 i f 3 t 1111112 NMI available in the vicinity and may be extended to accommodate the subject property. 4. Plan Policy 10.1.2 is satisfied because although there is an irregular boundary in this area, the annexation will not add to that fi irregularity, the Police Department has been notified of this request, the land is.located within Tigard•s Area Of Interest, and adequate service capacities can be made available to accommodate the eventual development of the property as noted above. The planning staff has determined that the proposal is consistent with the relevant portions of the Community Development Code based upon the findings noted below: 1. Section 18.136.030 of the Code is met because all facilities and services can be made available, the applicable Comprehensive Plan i policies discussed above have been satisfied and the property has been determined to be an Established area in accordance with the criteria in Chapter 16.138 of the Code. The Urban Planning Area Agreement between the City and Washington County requires that when annexing land within the City's area of interest, the City adopt a zone designation which most closely resembles the County plan and zone designation.. In this case, the properties are designated in Washington County for single family residential use with a minimum lot size of 5,000 square feet and a maximum density of 6 units per acre. The City of Tigard Low Density Residential plan designation and R-4.5 zone with a minimum lot size requirement of 7,500 square feet and maximum density of 4.5 units per acre are the most comparable to the present County designation. 2. Chapter 18.138 of the Code is satisfied because the properties meets the definition for an Established area and shall be designated as such on the development standards area map. C. RECOMMENDATION Based upon the findings noted above, the planning staff recommends approval of ZCA 91-19. PREPARED BY: Victor nri, Development Assistant Planner ZCA 91-19 Staff Report 3 CITY OF TIGARD, OREGON ORDINANCE NO. 92- UL/ C. AN ORDINANCE TO AMEND PROVISIONS OF THE COMMUNITY DEVELOPMENT CODE PERTAINING TO FENCE REQUIREMENTS, SECTION 18.100:090 AND CLEAR VISION REQUIREMENTS, SECTION 18.102.020. WHEREAS, the City of Tigard finds it necessary to revise the Community Development Code periodically to improve the opo-ration and implementation of the Code; and WHEREAS, the City of Tigard Planning Commission reviewed the staff recommendation at a public hearing on November 4, 1991 and voted to recommend approval of the amendment to the City Council with one modification; and WHEREAS, the City Council held a public hearing on November 19, 1991 to consider the amendment. THE CITY OF TIGARD ORDAINS AS FOLLOWS: Section-l: The Community Developcmt Code shall be amended as shown in Exhibit "A". Language.to be added is UNDERLINED. Language to be deleted is shown in [BRACKETS]. Section 2: 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 un Cc rL i m oL)-s vote of all Council members resent after being read by number and title only, this 10h day of -e ck a. , 1992. C'a4*eju 0--Q U3 VVO Q.:u Catherine Wheatley, City Re rder APP OVE This day of , 1991. Gerald R. Edwards, Mayor Approved as to form-. City ttorne~i 2 1 r f f.~ L Date cb/Fenord f ORDINANCE No. 93.- Page 1 .111 IN! OEM Nam" i EXHIBIT "A" I 18.100.090 Setbacks for Fences or walls A. No fence or wall shall be constructed which exceeds the standards in subsection 18.100.090.B. except when the approval authority, as a condition of approval, allows that a fence or wall be constructed to a height greater than otherwise permitted in order to mitigate against potential adverse effects. B. Fences or walls: 1. May not exceed three feet in height in a required front yard along local streets or [six feet on a corner side yard or] eight feet in all other locations and, in all cases, shall meet vision clearance area requirements ( Chapter 18.102); 2. [Are permitted outright in side yards or rear yards to a height of six feet;] Are permitted up to six feet in height in front yards adjacent to any desicinated arterial, major collector or minor collector street. For any fence over three feet in height in the required front yard area, permission shall be subject to administrative review of the location of the fence or wall. C. All fences or walls shall meet vision clearance area requirements ( Chapter 18.102); [3. Located in a ,.side or rear yard and which are between six feet and eight feet in height shall be subject to building permit approval;] t [4. Located in the front yard or corner side yard and which exceed the height limitation shall comply with the setback requirements for structures set forth in the applicable zone; or] [5. Located within a corner side shall be no closer than two feet from the property line, and shall satisfy visual clearance requirements. (Ord. 89- 06; Ord. 85-14; Ord. 83-52)] D. All. fences or walls greater than six feet in height shall be subject to building permit-approval. 18.102.020 Visual Clearance: Required C. Where the crest of a hill or vertical curve conditions contribute to the obstruction of clear vision areas at a street or driveway intersection, hedges, plantings, fences, walls, wall structures and temporary or permanent obstructions shall be further reduced in height or C eliminated to comply with the intent of the required clear vision area. CITY OF TIGARD, OREGON ORDINANCE NO. 92A 05 AN ORDINANCE TO AMEND PROVISIONS OF THE TIGARD MUNICIPAL CODE PERTAINING TO NOTICE OF PUBLIC HEARING FOR STREET VACATIONS, SECTION 15.08.120. WHEREAS, the City of Tigard finds it necessary to revise the Tigard Municipal Code periodically to improve the operation and implementation of the Code; and WHERRAS, the Oregon Revised Statutes were revised in July, 1991 to amend. the notification requirements for street vacations; and WHEREAS, the City of Tigard wishes to reduce its notification procedures to be consistent with the State Statutes. THE CITY OF TIGARD ORDAINS AS FOLLOWS: { SECTION 1: The Tigard Municipal Code shall be amended as shown in Exhibit "A". Language to be added in UNDERLINED. Language to be deleted is shown in [BRACKETS]. This ordinance shall be effective 30 days after its passage by the Council, approval by the Mayor, and posting by the City Recorder. C PASSED: By U t1a ~`(YtiO~n A~ vote of all Council members present after being read by number and title only, this 1 1 day of -Z , f1991. ~W f laatherin6 Wheatley, City Record r APPROVED: This tlt day of , 1$ ~ . Gerald R. Edwards, Mayor Approved as to form: n , ~o } City Attorne Date C ORDINANCE No. 9~?'- Page 1 Ems= EXHIBIT "A7 15.08.120 Notice. (a) Notice of the public hearing shall be given as follows: (1) The recorder shall give notice of the petition and hearing by publishing a notice in the city official newspaper once each week for [four] two consecutive weeks prior to the hearing. [(This means the notice will be published five publishiugs in the newspaper).] (2) The recorder shall cause notice to be posted at or near each end of the proposed vacation and in at least two conspicuous places in the proposed vacation areas within five days after the first day of publication. (b) The posting and first day of publication of the notice shall not be less than [twenty-eight days] fourteen days before the hearing. C. S i t CITY OF TIGARD, OREGON i f ORDINANCE NO. 92~ 05 AN ORDINANCE TO AMEND PROVISIONS OF THE TIGARD YUNICIPAL CODE PERTAINING TO NOTICE OF PUBLIC HEARING FOR STREET VACATIONS, SECTION 15.08.120. ; WHEREAS, the City of Tigard finds it necessary to revise the Tigard Municipal Code periodically to improve the operation and implementation of the Code; and WHEREAS, the Oregon Revised Statutes were revised in July, 1991 to amend the notification requirements for street vacations; and WHEREAS, the City of Tigard wishes to reduce its notification procedures to be consistent with the State Statutes. THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: The Tigard Municipal Code shall be amended as shown in Exhibit "A". Language to be added in UNDERLINED. Language to be deleted is shown in [BRACKETS]. 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 Uhf vote of all Council members present after being read by number and title only, this day of 1991. ~ W therine Wheatley, City Record .or APPROVED: This day of , 19 i Gerald R. Edwards, Mayor Approved as to form: v Ci Attorne Date ORDINANCE No. 9.2- Page 1 i~ EXHIBIT "A" 15.08.120 Notice. (a) Notice of the public hearing shall be given as follows: The recorder shall give notice of the petition and hearing by publishing a notice in the-city official newspaper once each week for (four) two consecutive weeks prior to the hearing. [(This means the notice will be published five publishings in the newspaper).] (2) The recorder shall cause notice to be posted at or near each end of the proposed vacation and in at least two conspicuous places in the proposed vacation areas within five days after the first day of publication. (b) The posting and first day of publication of the notice shall not be less than (twenty-.eight days) fourteen days before the hearing. i s t f 8 }7j(F 1 mom CITY OF TIGARD, OREGON ORDINANCE NO. 92-•_5 AN ORDINANCE TO AMEND PROVISIONS OF THE TIGARD MUNICIPAL CODE PERTAINING TO NOTICE OF PUBLIC HEARING FOR STREET VACATIONS, SECTION 15.08.120. WHEREAS, the City of Tigard finds it necessary to revise the Tigard Municipal Code periodically to improve the operation and implementation of the Code; and WHEREAS, the Oregon Revised Statutes were revised in July, 1991 to amend the notification requirements for street vacations; and WHEREAS, the City of Tigard wishes to reduce its notification procedures to be consistent with the State Statutes. THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: The Tigard Municipal Code shall be amended as shown in Exhibit "A". Language to be added in UNDERLINED. Language to be deleted is shown in [BRACKETS]. 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 U nct VA:k\ NOV,A~ vote of all Council members present after being read by number and title only, this 1 I day of 19 91. G L~~ therine Wheatley, City Record r APPROVED: This day of , 19 91. Gerald R. Edwards, Mayor s Approved as to form: z V ~k Ci Attorne .a Date A S ORDINANCE No. 9,2- Page 1 f S SEEM EXHIBIT W 15.08.120 Notice. (a) Notice of the public hearing shall be given as follows: (1) The recorder shall give notice of the petition and hearing by publishing a notice in the city official newspaper once each week for [four] two consecutive weeks prior to the hearing. [(This means the notice will be published five publishings in the newspaper).] (2) The recorder shall cause notice to be posted at or near each end -of the proposed vacation and in at least two conspicuous places in the proposed vacation areas within five days after the first day of publication. (b) The posting and first day of publication of the notice shall not be less than [twenty-eight days] fourteen days before the hearing. r e Raw l NEW R', VON AGENDA ITEM NO. - VISITOR'S AGENDA DATE: 2/11/92 (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 ,2AYrio,jd /L osS ip,19 Ste, /Sel~E-. ,Jg wasTE o/z-4 M S ~ACn1 Depending on the number of persons wishing to testify, the Chair of the Council may limit the amount of time each person has to speak. We ask you to limit your oral comments to 3-5 minutes. The Chair may further limit time if necessary. Written comments are always appreciated by the Council to supplement oral testimony. Please sign in to testify on the following: AGENDA ITEM NO. 5 DATE : 2/11/92 PUBLIC HEARIM - ZONE CEM4GE AMMMON ZCA 91-0019 WISE PLEASE PRINT NAME & ADDRESS MM & ADDRESS Proponents (for annexation) Opponents (Against annexation) cum 17 ENE= HIM Depending on the number of persons wishing to testify, the Chair of the Council may limit the amount of time each person has to speak. We ask you to limit your oral comments to 3-5 minutes. The Chair may further limit time if necessary. Written comments are always appreciated by the Council to supplement oral testimony. Please sign in to testify on the following: AGENDA ITEM NO. 6 DATE : 2/11/32 PUBLIC H ARIM - ZONE ORDINAL AST ZOA 91-003 (Amending provisions for setback requirements for fences & walls; also amending requirements on vision clearance.) PLEASE PRINT NAHE & ADDRESS NAME & ADDRESS Proponents (for amendments) Opponents (against amendments) 6 f2J?~L i sns -pending on the number of persons wishing to testify, the Chair of the Council may limit the amount of time each person has to speak. We ask you to limit your oral comments to 3-5 minutes. The Chair may further limit time if necessary. Written comments are always appreciated by the Council to supplement oral testimony. Please sign in to testify on the following: AGENDA ITEM NO. 7 DATE: 2/11/92 PUBLIC HEARING - ZONE ORDINANCE AP 1T ZOA 91-0005 FRWT- YARD STORAGE (code amendments) PLEASE PRINT NAME & ADDRESS NAME & ADDRESS Proponents (for amendments) Opponents (against amendments) ~ p g ki r .e- Q - r , MEMORANDUM C CITY OF TIGARD, OREGON TO. Pat Reilly, City Administrator FROM. Loreen Edin, Admin. Services Manager and Wayne Lowry, Finance Director DATE: February 3, 1992 07 ' SUBJECT.- Solid Waste Rate Study Report Last Fall, the City Council deferred the solid waste rate review until resolution of the solid waste ordinance was reached. At the 2111 meeting, Coopers & Lybrand will present for the first time the results of their study to the City Council and the Solid Waste Advisory Committee (SAIAC). The solid waste industry and rate structure issues are very complex and it will be impossible to discuss all Issues thoroughly on the 11th. Therefore, staff and Conpers & Lybrand will review the report and focus on three general issues: subsidy between service lines; rate of return computation standards; and the Impact of future service enhancements on the rate structure. BACKGROUND IN TIGARD: On 3125191, SWAC recommended Council revise the solid waste rate structure to address their concern about commercial service subsidizing the residential service line. SWAC's recommendation was °to make each type of service to stand alone and be profitable'. On 6/11/91, the Tigard City Council approved the most recent METRO pass through. At that time, Council requestod staff retain a consultant to complete a financial review of our franchised solid waste haulers' businesses prior to considering action to revise the rate structure. The City retained Coopers and Lybrand to conduct the financial review. The report itself is exempt from public inspection under ORS 192.660.1.f which allows this record to be treated as confidential. For this reason we have only attached the scope of review for the study (Attachment A) and Cooper's report synopsis (Attachment B) to this memorandum. BACKGROUND REGIONALLY_, The issues surrounding solid waste have generated activity by the State legislature, METRO and Washington County. Following are some issues which are being discussed on a larger scale which will impact our decisions. SENATE BILL 66: This was effective on 711191. This is a comprehensive reform of the state's recycling laws. The bill redefines the state law requirements for programs which provide an 'opportunity to recycle'. The City implements that requirement through the City's franchised solid waste haulers. One section of S866 establishes newrequirements which affect rates and requires that the 'net costs' incurred in providing the opportunity to recycle be built into the rates or funded by an alternate method. Net costs are defined In SB66 as follows: 'reasonable costs for collecting, handling, processing, storing, transporting and dvl:'J~rrniv ~nllnntinrj onn/rune aifiliot=H hi, f8ntnr to ~J:v-Citnt fir nrnrnerJn 3rnJn the S,°i°. rCvj'iilli3~v "y 1" J N'vvv...wv material'. While we have discussed rates per container in the past, it is also Important to look at what services are provided for the rate charged. Attached is a matrix showing the curr Nnt recycling services offered in Tigard & a comparison of services & can rates for Tigard, Portland, and Tualatin (Attachment C). WASHINGTON COUNTY WASTESHED: METRO is mandating delivery of solid waste recycling services to be provided by cities and counties. Tigard has joined the cities in Washington County to form the Washington County Wasteshed. The Wasteshed deals collectively with meeting METRO & SB66 requirements. However, Tigard is solely responsible to address the following issues within its City limits: • Service levels provided within Tigard • Adjusted rates to support services • Enforcement (franchise ordinance, Metro mandates, & SB66) PAGE 2OF2 FEBRUARY 3, 1992 SOLID WASTE RATE STUDY REPORT 1 PRICE WATERMOUSE REPORT: In November of 1991, the Maulers Association approached Washington County with concerns about the inadequacy of the rate structure specifically noting concerns about subsidy between service types and the cost Impact of adding services. The Association hired Price Waterhouse to develop a detailed report for County review. It Is anticipated that the County Commissioners will respond to their report findings this Spring and determine what rate structure Issues should be addressed. V11A2 PRESEIN"t'A770N. The meeting of 2111192 is a Council Study Session with SWAC and Tigard's franchised haulers. City staff will be leading a discussion regarding the rate structure Issues that have been raised by our City process and regional actions. During the open portion of the meeting, Coopers & Lybrand will present an overview of their study results. Detailed discussion of the study will be held In executive session to protect the Individual hauler's business trade secrets. This is in keeping with the Tigard solid waste franchise ordinance, which requires the City to maintain the confidentiality of financial study results Yo the extent allowed by the Oregon Public Records Law". j A full copy of the study results will be forwarded to the Council and SWAC members, under executive session privilege, no later than Thursday evening, 216. See Attachment D for the City LeyJ Counsel's memorandum regarding the confidentiality issues surrounding the study. It will be Council's decision the night of the meeting as to whether they wish to include the franchised haulers In the Executive Session. DIREC770M FPOM COUNC/L .i The City must continue to discuss solid waste issues on an on-going basis as the Industry changes and the City Implements METRO mandates and SB66 rules. Issues being discussed regionally are: rate of return computations, annual report guidelines, owners compensation reporting, impacts of pass-through costs, performance measurements, rate structure and subsidies within the rates, whether rates should be calculated on weight or volume, timing of equipment replacement, depreciation guidelines, when rew ' services should be implemented, how to pay for new services, etc. In order to focus the discussion to a narrower range of issues to be dealt with on the 11th, staff will focus s attention on the following questions: Subsidy between service lines: Should each service • type make a profit or should there , be some subsidy? • Rate of return: What is an equitable rate of return and on what element of the business should the rate of return be computed? } • Should rate Impacts of future service enhancerrlenis be fc'viotwcv p,-,vr to Ir.:plamsntation? x Given the complexity of the issues and time constraints on the 11th, we will be prepared to continue discussion to a future study session. { 1 s t j x ATTACHMENT A CITE' OF TIGARD FRANCHISED SOLID WASTE HAULERS FINANCIAL REVIEW PROPOSED SCOPE OF ENGAGEMENT BACKGROUND The City of Tigard solid waste disposal services are provided by three private solid waste disposal companies. Each company has been awarded exclusive rights to collect solid waste in specified areas of the City through a franchise. The franchise ordinance requires payment to the City of a three percent franchise fee based on gross receipts of each company collected within the City and an annual financial report to be filed by March 1 by each hauler. FINANCIAL REVIEW The City of Tigard desires to retain a consultant to perform a financial review of each franchised solid waste company operating within the city. The report shall show individual company reviews as well as an aggregate study. The scope of the review is as follows: o Review last three calendar years annual reports filed by haulers and determine accuracy of reports. o Determine cost allocation methods used to separate revenue and expenses between service types and jurisdictions and report whether allocations were correctly made based on methods used. o Determine cost of service by type and frequency of service. Identify the reasons for differences between haulers. c Determine that correct amount was paid as franchise fee. Report any discrepancies. o Based on above information, review annual reporting form and: o Evaluate adequacy of form; o Recommend consistent cost allocation methods (i.e. ways MEMO to consistently compute owners' compensation; disclose related party transactions; efficiencies of service- delivery, etc.); o Examine system of replacement of capital items and report reasonableness in light of industry standards; and o Other recommendations the contractor may wish to submit. o Prescribe method of computing pass through fee changes throughout the rate schedule. ATTACHMENT H CIS' OF 7RIGARD SOLID WASTE DISPOSAL OBS~ ON'S 1. Overall return on revenue for 1990 of 12% 2. Commercial is subsidizing residential 3. Recyycling cost increases exceed increase in recycling reve--aaes 4. Revision of rate structure to generate-equal retu rn-waald mn - major changes a. residential would increase 24% b. commercial woifld-decrease-28 c. rates would be substantially different than 'other jurisdictions ~cxte71LGa and. LGAAt,GCL party oompensadon, which averaged 10%n of total revenues for 1990, varied widely between haulers VRAM 6. The increase in dump fees creates a potential for higher return without increases in levels of sen ice HIM all IMMI i CITY of ITGARD SOLID AS DISPOSAL REC0MlY1J NDAr 0 S 1. Address whether to have consistent rates of return for all services 2. Consider factors in addition to return on revenues when settir. g rates 3. Limit impact of pass-through cost increases such as dump fee;; 4. Encourage disciplined systein for ca€rtaring additional pick UP0 to ensure such unscheduled services are billed ~ s .5. C.6ti' idar irnplerna ting iirmits to the. amount of labor costs to owners and related parties that mi be claimed wiiffiin Lhe rate of return calculation f epos-enhancements: a. Set specific guidelines for allocation of costs between jurisdictions and haulers to impro,%-e uniformity of repo r 'ng b. Require use of depreciation guidelines c. Combine recpcliug data with the related service line to enhance understanding of combined. service one operations CITY OF TIGARD Franchised Mauler f'Inanclal Information (aggregate) For the year ended December 31, 1990 Drep : RoaWontSal : TOtr1 ; Cerrunardd Told : lAedldN F,. Vhxh. Bo>< F1aoM4nttal Hacyo6np 'Hs4ldennrq'' CatkMrefat fUe:yeSrip Conuswtdat 1wae9r Toa( „Ptno4titepa toanS~apa Hawnuaa $1,023,x'0 $1,119,646 820,064 51,175,009 $1,621,100 862,466 01,079,067 Q4,t3D.t768 100.00% 100.0011 OryaraOnp Cewta: Wages A W"Ilta 206,206 728.420 80,720 416,216 275.888 67,462 277.960 03,771 21.86% 20.99% Fuel 24.066 20.776 6,700 20,106 21.426 6600 27.024 77,266 1.07% 3.17% Al 66,757 68,766 31,349 120,107 74,071 15,884 60,696 279,790 6,77% 6,26% 0hpoodFa 466,019 901,967 1,006 303,346 462,106 642 462.846 1,221,007 20,66% 90,65% Ftancnlo4 Fee 30,900 94.320 766 96,186 $6.817 069 60.770 122,266 2.00% 2.77% 767,%76 MM 129,244 609.021 627,307 16,420 803,727 2:004,007 03.04% 68.14% Ills wag" 6 00M6n LO.881 100,313 30,t3o 130,443 03,017 18,470 111,467 332,761 8.06% 6.6t% OBba Evena. x6,128 31,296 6.312 43.647 32.446 CM 06,141 107,664 2.61% 2.23% Tana A LSoansn 36.334 42.024 11.9% 63.069 38,827 6,025 47,062 137.200 3.32% 3.62% Hunt 20,048 22,141 0,822 38,003 26,868 8,218 36.176 103,187 2.50% 1.60% Doprocktlon 73,664 73,371 12.600 66,971 113,450 16,269 120,712 200,037 7.01% 4.66% Saks sAdveMall 437 266 3,770 4,002 214 23 237 4,736 0.11% 0.31% PtaleWonal Fa4a 9,480 11,200 2,086 14,264 11,611 2,346 13,656 1,602 30,112 0.96% 9.11% Othw COOK'a n CO51a (1,014) 2,750 4,367 :,118 2,188 1,681 3,547 01049 0.24% 1.7096 261,306 200,420 $4,021 378.340 321,721 66.667 3600408 1.602 1,024.686 24.60% 21.04% Not%Conw7(bao) (1137,036) $48,940 45104,101) (8147,761) 8772,181 (S782,BM 8080,622 ($1,602) $602,324 12.18% 0.02% mO~..m.om.. mmmmmammmmm ...mmm.mmmm o....... Nmmm...... mmmmmmmmomm mmme.m«.mmm mmm....mmmm Hato of Return >'~,7'.1~► 4.16% 10.10% -167.609iM?`:6d.0460 ;:12id16 ms/.m~o~wm0 mm~~mm~~~.. ..mm....mo m~m~mm~~m~m mmm~m~mwmmm 1m.mmmmmmm0 mmm.... pmm wnumn.mmm 1 MOM ~Il # loom: 1 ~ ru . •Yrd city Revenues - Recycling C;Osts Vs ~jaulers Aggregate All 34 .3 9n Thotasands 400 300 15 200 7 .6 100 9 27.3 9990 3 9989 0 1988 hosts Revenues City o Tigard Collection Fee Comparison (Unaudited) Fee $136 $120 $106 $9t1 f1:.yn ' will, (2~ ;3:37{. ~r~.,'• :yf IT" ~int: ~~•"`y "iSi"i 'iii:i _ •o~r " ~ :3,i .1 Can 2 Cana 1 Cu Yd 2 Ct Yd 2N Cu Yd 30 Cu Yd R sidonllal C~.tl,merolal Drop Box Ava agn of Citi®n withln 76gard (711101) ` 19ard (976 r0turn) . Way Ington County a 4K to -This emparlson dote not avempt to take Into oaradetallandiflersnnan in setv£aa Ieveds that MY adst between DurdodIGIlM . City of 71gard Illustration of Different Rate of Return Analysis Return of Revenue: Company Company A B Total revenues $1,000,000 $1,000,000 Direct operating costs 700,000 700,000 Indirect cos}w 200,000 250.000 Net income $100,000 $5 Return on Revenue X10% 5% Return on Eguity: Company Company -A Assets $800.000 $800.000 Liabilities 300,000 600,000 Equity 00,000 200, 000 $800,000 $800.000 Return on Equity 220% 25% 1111111111, Emma= I JIMMEM City of 71gard Mustration - 'ect of Dump Fee Increase on Rate of Return Kim Assume: 1) Targeted return on revenue of 107o 2) Increase in dump fees of $2009000 3) Pass through of dump fee increase in rates 4) No change in service level Additional In- After Pass crease to Provide Before Dump Through of Dump for Return on After Addi- Fee Increase Fee Increase Revenue of 10% tional Increase Revenue 51,000,000 $1,200,000 522,000 $1,222,000 Direct operating costs 700,000 9001000 900,000 Indirect costs .200,000 200.000 200,000 Net income 5100,000 5100000 522.000 S122,000 Return on revenue L0% 83% 10% C. ' EMEMEMMMM sim= ATTACHMENT C CURRENT RECYCLING SERVICES OFFERED IN 77GARD y as of 01131192 ITEMS TO BE PLACED OUT MILLER'S PRIDE SCHMIDT'S Newspaper x X X Corrugated Cardboard x X X Glass Bottles (sort by color) K X X Tin (food cans only) X X X Aluminum x X X Motor Oll X X X Milk Jugs X Scrap Metals X Magazines Yard Debris Plastic (1 through 7) RECYCLING COMPARISON WITH OTHER JURISDICTIONS as of 01131192 t ITEMS TO BE PLACED OUT TIGARD PORTLAND TUALATIN $12.05 * $17.50 * $16.60 Newspaper x X X gnaw Corrugated Cardboard x X X s Glass Bottles x X x Tin /food cans only) X X X Aluminum x X X Motor Oil X X X Milk Jugs x X Scrap Metals x X Magazines x X Yard Debris x Plastics (1-7) * = Single residential can rate picked up once each week C IBM ATTACHMENT D OTONNELI, RAMIS, CREW & CORRIGAN ATMRNBYS AT LAW SAUOW do WRM14T BVIIDING 1717 N.W. Hoyt Sa-w Portland, OreW 97209 TELEPHONE: (aw) 222-4402 - FAX: (503) 243.2944 DATE: February 4, 1992 TOt Mayor and Tigard City Council FROMt James M. Coleman, City Attorneyts Office REt confidentiality of Records Related to Solid Waste Rate getting A new section was added to the Solid Waste Franchise as a result of the amendments that the Council recently enacted, Section 11.04.065 deals with franchisee financial records and requires tha franchisee to make such records available to the City for audit or , review. Subsection (b) of that section includes the following provision: "The City shall maintain the confidentiality of such records to the extent allowed by the Oregon Public Records Law." The franchisees have made their financial records -available to Coopers & Lybrand, who has performed a review of solid waste disposal services and provided that document to the City. Much of the information disclosed to Coopers G Lybrand, and included in tiioir review document, constitutes records which qualify for exemptions from disclosure pursuant to the Oregon Public Records Law. The records constitute trade secrete and are, therefore, exempt from public inspection pursuant to on 193.501(2) and ORS 192.502(S). The latter exemption applies because much of the information constitutes a trade secret as defined in the Oregon Trade Secrets Act, ORS 646.461 to ORS 646.475. The information also includes business reoorda zu mittod -o a loverrnmental body to allow determination of fees and is exempt pursuant to ORS 192.501(5), and information submitted to the City in confidence and not otherwise required by law to be submitted and is exempt pursuant to ORS 192.502(3). The City, through the referenced City Code provision, has obligated itself to maintain t% .e confidentiality of the records to the extent allowed by the Public Records Law. To the extent that the Coopers & Lybrand document is discussed during a public meeting, it should be only discussed during an executive seseion held pursuant to ORS 192.660(1)(f). That provision of the Public Meetings Law allows r O'DONNI~U, RAMIE, CREW & CORRIGAN Memo re: Confidentiality of Records Related to Solid Waste Rate setting February d, 1992 Page 2 the Council to consider public records during an executive session that, are exempt by law from public disclosure. The City Council will be receiving some information concerning the solid waste rate regulation issue during meetings which are public, The council will also receive documents which are public records aubject to public inspection in the course of its deliberations on this issue. All of those matters are appropriately discussed during the public meetings. Howrever, the information: contained in the solid waste review document presented by Coopers & Lybrand is exempt from public inspection Psnd must remain confidential. During the public discussion on the rate regulation :Ratters, the information which constitutes exempt public records contained in the Coopers & Lybrand document must not, be di :uuesea nor disclosed without the prior agreement of the franchisees, If at any point during the Council's consideration of this matter any member of the Council is not clear as to whether a particular picas of information can be disclosed, that question should be referred to the City's legal counsel in attendance at the meeting. The City staff will be preparing an administrative rule in the future which note forth with some .particularity the types of information which is confidential under the Public Records lAw and will describe the limitations on disclosure of that information. .'SIC: dd 2~4J92 S4-u MEMORANDUM CITY OF TIGARD TO: Pat Reilly, City Administrator January 30, 1992 FROM: Randy Wooley, City Engineer SUBJECT: Utility Undergrounding Policy 1 This is a summary of the issues regarding undergrounding of utilities as a condition of development, as discussed at the Council study session on January 28th. As a result of issues ffim raised recently by several developers and by Portland General Electric (PGE), we are requesting Council policy direction in interpretation of the Community Development Code (CDC). In general, there is full agreement that undergrounding is required where new utilities are installed in new subdivisions or where new utility services are installed to new buildings. Also, the CDC is clear that undergrounding is not required for high voltage power lines such as those along Pacific Highway. Where question has arisen is regarding the undergrounding of existing overhead utility lines along the frontage of new developments. This is a growing issue as an increasing portion of development is in-fill development in areas with existing streets and utilities. Existing Code CDC Chapter 18.164 provides the standards for street and utility improvements for subdivisions and other development. Section 18.164.120 requires that all utility lines be placed underground except for electric lines operating at 50,000 volts and above. Historically, staff has interpreted 18.164.120 to require the undergrounding of existing utilities along the frontage of existing streets abutting new developments, in the same areas where half- street improvements are required. This requirement has been waived only where the development frontage was too short to practically accommodate undergrounding or (in a few cases) where the final development decision unintentionally omitted the undergrounding requirement. Others read the CDC to require undergrounding only for new utility lines. Since 18.164.120 refers to "subdivider" in some of its conditions, some interpret the undergrounding requirements to apply only to subdivisions and not to Site Development Review projects. Clarification is needed. Reasons for Underaroundina There are some safety reasons for undergrounding of power, phone, and cable TV lines. Undergrounding re.',..ices the number of poles along the streets and sidewalks. It reduces the chance of accidental contact with power lines. And it reduces the chance of storm damage to the lines. However, the primary reason for requiring undergrounding is probably aesthetic. Arguments for Underaroundina Placing lines underground at the time of development avoids a number of problems for the City and for property owners. If undergrounding occurs after development is complete, costs are generally higher due to the need to disrupt established streets, sidewalks, grading and landscaping. If lines are undergrounded at the time of street improvements, utilities usually share in the cost of undergrounding, since they are avoiding the cost of relocating existing poles. If undergrounding occurs later, the total cost will be borne by the City and/or the property owners. If undergrounding occurs at the time of development, the costs are borne by the developer. If the undergrounding is deferred to a later date, it would probably be necessary to form a local rr' improvement district to fund the undergrounding or to pay for the l_ undergrounding out of citywide funds. Arguments against Underaroundina Developers object to undergrounding primarily because of the costs. The costs vary according to the type and number of lines involved. In general, major utility feeder lines exist along arterial and collector streets and cost more to underground than the service lines on local streets. In some cases, the undergrounding can cost nearly as much as the half-street improvements. PGE objects to undergrounding in segments of less than a quarter mile. Undergrounding of short segments, while remaining segments remain overhead, causes a variety of technical problems for PGE and frequently requires the installation of additional equipment and poles at the transitions from overhead to underground. In many areas, the overhead utilities share poles on one side of the street. If you develop on the side with no poles, you only have to pay for, an underground service line. If you develop on the side with existing overhead lines, you may have to pay for the much greater cost of undergrounding major feeder lines for power, phone, and cable. This creates an apparent inequity. C Council Action Requested We request Council policy direction in interpretation of the existing CDC or modification of the CDC requirements. With general policy direction, staff can prepare a formal revision to the CDC to clarify the undergrounding requirements. The formal revision would be brought back for Council consideratio.: at a later date. In the meantime, we could administratively apply the Council policy direction in interpretation of the existing CDC provisions. Alternatives Possible alternatives include: • Continue to require undergrounding along the frontage of all developments. • Exempt developments with frontages of less than a quarter mile (1320 feet). • Exempt developments where the street width and curbs are already constructed to City standards (as suggested in the attached letter from Spieker Partners). • Accept a waiver of remonstrance against a future LID for undergrounding. • Establish an undergrounding fee to cover the future costs of undergrounding. This fee could be paid at the time of C development by properties on both sides of the street, regardless of the location of overhead lines. We would need to investigate the legal complexities of establishing such a fee. • Require undergrounding only in locations where new utilities are being installed. Recommendation There are benefits to undergrounding of utilities. However; if undergrounding only occurs for short distances along infill development, the benefits appear to be quite limited, the costs are high, and some technical problems exist. So, I recommend that projects with short frontages with existing overhead utilities be exempted from the undergrounding requirement. New subdivisions and major street projects would still be required to install underground utilities. A private development with an extensive frontage would still be required to underground existing utilities along the frontage. Staff would work with the utilities to develop some appropriate criteria for defining when a project becomes large enough to warrant undergrounding of existing utilities. The criteria could then be adopted as part of the CDC. rw/ug-utl 5550 S.W. Macadam Avenue, Sidle 300 Portland, OR 97201 P.O. Box 5909 Portland, OR 97228-5909 503 221-5700 Q(} SPIEKER FAX: 503 221 8627 I {1 v ® , ViNg n'&02 January 22, 1992 01" of. -T1GARD City of Tigard Attention: Randy Wooley, City Engineer P.O. Box 23397 Tigard, Oregon 97223 RE: Placement of Portland General Electric Power Lines Underground Along S.W. 72nd Avenue Dear Randy: I understand that you will soon discuss with City Council the policy implications of applying Section 18.164.120 of the Development Code to site developments which front on improved streets. Please submit this letter to the Council, along with your comments. This issue was raised with respect to the current phase of our Nelson Business Center, which fronts on S.W. 72nd, north of S.W. Bonita Road. Our Site Design Review approval recognized that S.W. 72nd Avenue was constructed to its full standard, except for sidewalks, and our project was conditioned to install sidewalks along our frontage. During the building permit process, John Hagman notified our engineer that we would also be required to place the existing a PGE power line underground, based on Section 18.164.120 of the Code. Our subsequent research indicated that PGE does not favor placing this section of power line underground. Further, neither our previous phase of Nelson Business Center nor the PacTrust project south of S.W. Bonita Road were required to place their respective sections of this power line underground. If this is required of our current project, it will be the only section underground in this area. From a policy standpoint, I believe that Section 18.164.120 was drafted to address the construction of new streets in subdivisions. Although it could be interpreted to apply to all cases where building permits are required, I do not believe that this has been the case in the past, and in particular, not in cases where the abutting street has already been improved to City standards. If this code section is rigidly interpreted, property owners will be faced with a choice of either huge costs for placing power lines underground in existing improved streets, or applying for variances on a case-by-case basis. Neither alternative is appropriate. 3 !i i City of T igard January 22, 1992 i It would be appropriate for the City Council to indicate that it is the City policy to require power lines to be placed underground where streets are improved to City standard as part of a project, h but not in cases where the ultimate travel lanes and curb line are already established. i Please let me know when the Council will be considering this matter. Thank you for your assistance. 1 Sincerely, 1 SPiEKER PARTNERS "hn B. Souther, Jr. f Partner JRS: nn cc: Pat Reilly - City Administrator Lans Stout - Mackenzie/Saito & Associates i i I S t i air= V {fit Ca- Morning ~t U~ a ! c, Fill Homeowners Association F.O. Box 230433 .Z) it /1, Tigard, Oregon 97223 c/ We, the undersigned property owners and residents of Tigard, Oregon, residing in a Morning Hill development areas six, seven and eight; Do hereby petition the City of Tigard to change the following two street names from their present designation to S.W. Benish: 1) S.W. Hart Street between 133rd Avenue and 135th Avenue 2) S.W. Toland Street between Morning Hill Drive and 133rd Avenue. Purpose 1) To make a continuous street for purposes of identification. Presently these three streets are only two or three lots in length. Benish is the longest. 2) Safety of location. Confusion exists with Hart Road in Beaverton which also has a cross street of 135th Avenue. Emergency vehicles have responded to the Beaverton location by mistake. N me Street Address Phone Y/Ak 13Z 1"4 A~y I3A p3 -S,4 L I -D Lt _-)PS 5 13,11-3 ra36, 0 CvPo Zia e-D l =0 21, low MIN Mbrn!ng Hill omeo:vI Assaci atiorm 2 P.O. Box 230433 Tigard. Oregon 97223 We, the undersigned property owners and residents of Tigard, Oregon, residing in Morning Hill development areas six, seven and eight; Do hereby petition the City of Tigard to change the following two street names from their present designation to S.W. Benish: 1) S.W. Hart Street between 133rd Avenue and 135th Avenue 2) S `.J. Toland Street between Mon-ting Hill Drive and 133rd Avenue. Sam Purpose 1) a o make a continuous street for purposes of identification. Presently these three streets are only two or three lots in length. Benish is the longest. 2) Safety of location. Confusion exists with Hart Road in Beaverton which also has a cross street of 135th Avenue. Emergency vehicles have responded to the Beaverton location by mistake. i Name Street Address Phone ~ UU~}~7 c (1713" f'uJ ,S2 y-e AZ 10rosw l' ire dr. - ~r - Say S7 s'7 f4ri'A JJg3~SW ~'JB~~1;L~,gl~~I~r~n~mil 5"zy-VUZ a 1A p>4,d~ AA _ 1111-0 -w tvzQV-I n r J • Il I~ z4 g-BB9 If9si- -5-W /r1csrarc► l7'+'IJ J3- S'24---D?R9 f 33 Z~ 1„~ jut fri pr. (azy - 7733 f33~ 7 1,cc~ ~~4P/6 L 1 13 ?al se'uvm 44r►•_r7 it L 2 r 13q fGs/ ~GafS 16r,4P 91- 35-(0375' ~~t"l~~o S LJ SCa,~tS `7~ of COY ~ y a C ll+; .1 9 13 3-G S-, ~r~ 13,;'1..._ /p• Morning Hill Homeowners Association 3 P.O. Box 230433 Tigard, Oregon 97223 - We, the undersigned property owners and residents of Tigard, Oregon, residing in Morning Hill development areas six, seven and eight; Do hereby petition the City of Tigard to change the following two street namees from their present designation to S.W. Benish: 1) S.W. Hart Street between 133rd Avenue and 135th Avenue 2) S.W. Toland Street between Morning Hill Drive and 133rd Avenue. - Purpose 1) To make a continuous street for purposes of identification. Presently these three streets are only two or three lots in length. Benish is the longest. 2) Safety of location. Confusion exists with Hart Road in Beaverton which also has a cross street of 135th Avenue. Emergency vehicles have responded to the Beaverton location by mistake. Name Street Address `Phone 132,3Z-:>L0 7 C AA51WDG L, --?)q GS D-i ►v l 2 S 5: ~ 3~ `3(4 is 2L *?j A *1 V 4 A/ SO Z' v --2 3Su-) ~Vf) U~ ~ /2 3 S. w~ 3~-r - 6ZL 1 5V':~,L 6~_U ill n e ~ ~ ~ 1 5c 13~ C kS 4 -)1 i 2 S w 13 C I" f,~ Sr y- i 7 4 <<q9S stJ W"Ce- 4? 52,i 331`4 (cl 1 s L, 6 ! Ioc-/L.I ~~f 4 01b- t/IC . 5-z T - J I SV Moming Rill Homeowners Association Q.O. Box 230433 Tigard. Oregon 97223 We, the undersigned property owners and residents of Tigard, Oregon, residing in Morning Hill development areas six, seven and eight; Do hereby petition the City of Tigard to change the following two street names from their present designation to S.W. Benish: 1) S.W. Hart Street between 133rd Avenue and 135th Avenue 2) S .W. Toland Street between Morning Hill Drive and 133rd Avenue. Purpose 1) To make a continuous street for purposes of identification. Presently these three streets are only two or three lots in length. Benish is the longest. 2) Safety of location. Confusion exists with Hart Road in Beaverton which also has a cross street of 135th Avenue. Emergency vehicles have responded to the Beaverton location by mistake. Naq)d Street Address Phone , LL1713'. e~l/ 6-z51-,576-7 ~ u % i 5 (c Est f: r~r; y3 _ W y "1 f~ ! C_ COUNCIL AGENDA ITEM Li MEMORANDUM CITY OF TIGARD, OREGON TO: Honorable Mayor and City Council / FROM: Patrick J. Reilly, City Administrator DATE: February 3, 1992 SUBJECT: COUNCIL CALENDAR, February - April 192 Official Council meetings are marked with an asterisk If generally OK, we can proceed and make specific adjustments in the Monthly Council Calendars. February 192 11 Tue Council Meeting REM Nam Workshop w/Solid Waste Advisory Committee (5:30) Council Business Meeting (7:30) 17 Mon Presidents' Day (City Hall Ofcs. Closed) 18 Tue Council Study Meeting (6:30) Workshop with Planning Commission (6:30) Metro Presentation - 2040 Plan (8:30) 25 Tue Council Meeting Discussion with Gary Bullard (5:30) Update from TVEDC - Mary Tobias (6:30) Council Business Meeting (7:30) March '92 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 (0:30) Update from TVRFPD 24 Tue Board and Committee Interviews (5:30) r Council Study Session (6:30) Council Business Meeting (7:30) April 192 14 Tue Council Meeting Workshop with Library Board (5:30) Council Studv Session (6:30) Council Business Meeting (7:30) - Oath of Office - New Council Member 21 Tue Council Study Meeting (6:30) 28 Tue Council Meeting Council Study Session (6:30) C Council Business Meeting (7:30) h:\login\cathy\cccal COUNCIL AGENDA ITEM CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY (Local Contract Review Board) AGENDA OF: February 11, 1992 _ DATE SUBMITTED: January 3u, 1992 ISSUE/AGENDA TITLE: Authorization to /PREVIOUS ACTION: advertise for bids on CIP projects 11,4,4 PREPARED BY: City Engineer DEPT HEAD OK CITY ADMIN OK REQUESTED BY: ISSUE BEFORE THE COUNCIL - Shall the LCRB authorize advertise ent for bids on certain Capital Improvement Program projects? - STAFF RECOMMENDATION Authorize the City Engineer to advertise for bids on the projects listed below. INFORMATION SUMMARY - In accordance with the City's purchasing rules, authorization is requested to advertise for construction bids on the following projects: Bonita/Hall traffic signal Major pavement maintenance \ Pathways near Metzger School 97th Avenue Bikeways Budgets for these projects were previously approved by Council. The signal and pavement maintenance projects are part of the FY 91-92 Streets CIP approved by the Council in October 1991. The pathway project is part of a CDBG project approved by the Council in April 1991. The bikeway project involves a state grant accepted by the Council in March 1991. After construction bids are received, LCRB review will again be required prior to awarding a contract on each project. PROPOSED ALTERNATIVES FISCAL NOTES rw/agenda COUNCIL AGENDA ITEM C CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF: Feb. 11, 1992 D SUBMITTED: JAN. 29, 1992 ISSUE/AGENDA TITLE: New easement IOUS ACTION: None for an existing sewer ARED BY: Greg Berry ga DEPT HEAD OK ITY ADMIN OK REQUESTED BY: ISSUE BEFORE THE COUNCIL Should the sewer easement described in Exhibit "A" be extinguished? STAFF RECOMMENDATION Approval of the resolution authorizing that the easement be extinguished. INFORMATION SUMMARY Currently, there are two easements for a City sewer within a vacated portion of SW Locust St. The first was created by Washington County in a 1972 instrument that vacated a portion of Locust St. containing the sewer. Another easement for the sewer was granted to the Unified Sewerage District in 1984 but contained a mistake in the legal description. The owner has submitted an adequate easement for the sewer to the City and requests that the two previous easements be extinguished y in exchange. The attached resolution will allow the easement to be legally t extinguished. PROPOSED ALTERNATIVES 1. Authorize the City Administrator to sign the easement extinguishment. 2. Deny authorization of the easement extinguishment. MUM FISCAL NOTES No additional expenses are expected. t i COUNCIL AGENDA ITEM CITY OF TIGARD, OREGON C41%)KNtaQ-tL ~r4b fe-~N COUNCIL AGENDA ITEM SUMMARY AGENDA OF: Januarys 28, 1992 DATE SUBMITTED: 1/15/92 ISSUE/AGENDA TITLE: Wise Annex. REVIOUS ACTION: None + ZCA 91-0019 Zone Change AnnexatVcvHf PREPARED BY: Victor Adonri DEPT HEAD OK CITY ADM IN OK QUESTED BY: Ed Murphy PAM ISSUE B E THE COUNCIL Should the City Council forward a request for annexation of a parcel consisting of approximately 0.95 acre located at 12287 SW Lansdowne Lane to the Metropolitan Area Local Government Boundary Commission? STAFF RECOMMENDATION Adopt the attached resolution and ordinance to forward the annexation to the Boundary Commission and to assign plan and zone designation to the property in conformance with the Comprehensive Plan. INFORMATION SUMMARY This annexation request consists of a parcel totaling 0.95 acre that is contiguous to the City of Tigard on Lansdowne Lane. The owners of the property requested annexation in order to obtain sanitary sewer service. Attached is a resolution to forward the annexation request as well as an ordinance to change the zone designation from Washington County R-6 to City of Tigard R-4.5 in conformance with the City's Urban Planning Area Agreement with Washington County. There has been no response from neighboring property C owners. Also attached is a vicinity map and staff report. Although it would be desirable from a policing standpoint to ultimately annex Tippitt Place, at this time those property owners apparently are not interested in being anntrxed, and the City has no means to require annexation. Although the Wise annexation request could be "saved" and used as part of a double majority method at a later time, it does not seem likely that there would be enough interest to use a double majority method to annex Tippitt Place in the near future. It should be noted that Tippitt Place is already within the large unincorporated "Walnut Island", and as such, could be annexed by "island method at any time. PROPOSED ALTERNATIVES 1. Adopt the attached resolution and ordinance to forward the annexation to the Boundary Commission and to assign plan and zone designations to the property in conformance with the Comprehensive Plan. 2. Deny the proposal. FISCAL NOTES The City of Tigard will pay the Boundary Commission fee of $140 for annexation. The current tax assessment is $88,190. The City couuld increase its tax base by approximately $165.00 (Assessed value multiplied by City tax base portion of tax rate of $1.87/1000 as of 1/1/90 = $164.92). C a va/2CA91-19.3um l I OTONNELL, RAMIS, CREW & CORRIGAN ATTORNEYSIT LAW j BALLOV& WRIGHTBUTLDING 1727 N.W. Hoyt Street Portland, Oregon 97709 1 TELEPHONE:(503) 2224402 FAX:(503) 243-2944 i i PLEASEREPLYrO PORTLANDDFFICE FACSIMILE TRANSMISSION COVER SHEET .'s THIS COMMUNICATION MAY CONSIST 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, DISTRIBUTION OR COPYING OF T141S COMMUNICATION IS STRICTLY PROHIBITED. IF YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR, PLEASE IMMEDIATELY NOTIFY US BY TELEPHONE AND RETURN THE ORIGINAL MESSAGE TO US AT THE ABOVE ADDRESS VIA THE U.S. POSTAL SERVICE. THANK YOU. ' DATE: February 10, 1992 CLIENT NO.: 90024-04 TO: Patrick Reilly City Manager FAX (503) 684-7297 Phone (503) 697-4171 Ext. 317 FROM: Kenneth M. Elliott, Esq. FAX # (503) 243-2944 DESCRIPTION OF DOCUMENT TRANSMITTED: Me:norandum.re: Enforcment of Nonremonstrance Agreement between J. Allan Patterson and City of Tigard. COMMENTS: 3 PAGES TO FOLLOW, EXCLUDING COVER SHEET. IF YOU DO NOT RECEIVE ALL OF THE PAGES, PLEASE CALL THE UNDERSIGNED AT (503) 222-4402 IMMEDIATELY. THANK YOU. SIGNED: Nancy Kyker, Secretary pN ORTGINAUS BEINGMAILED: x AN ORIGINA11S AVAR ABLUPONREQUEST: 't lI1 • OTONNELL, RAMIS, CREW & CORRIGAN ATTORNEY8I.T LAW BALLOV& WRIGHTBUILDING 1727 N.W. Hoyt Street Portland, Oregon 97209 TELEPHONE-(503) 222-4402 FAX: (503) 243-2944 DATE: February 10, 1992 TO: Patrick Reilly, City Manager FROM: Kenneth M. Elliott, City Attorney's Offic RE: Enforcement of Nonremonstrance Agreement be een J. Allan Patterson and City of Tigard. QUESTION PRESENTED Can the City enforce a sanitary sewer contract it entered into with J. Allan Patterson, which included a nonremonstrance against annexation clause, against purchasers of land from Patterson where the contract is unrecorded? ANSWER No. FACTS AND DISCUSSIONS On October 15, 1975, City of Tigard entered into an agreement with the unified sewerage agency of Washington County and J. Allan Patterson to provide sewer service to his land outside the city. Paragraph 3 of the agreement provides as follows: "As a condition of the use of the City's sewer trunk lines, owner does hereby consent to the annexation of the owner's land to the City of Tigard, and an order may be entered at any - time without notice by the Metropolitan Boundary Review Commission as annexing the land described in said Exhibit "A". This agreement was never recorded in the Washington County deed records. It is our opinion that the nonremonstrance agreement may not be enforced against purchasers of lots from Patterson because they had no notice of the nonremonstrance agreement. O'DONNELL, RAMS, CREW & CORRIGAN i Memo re: Enforcement of Nonremonstrance Agreement between J. Allan Patterson and City of Tigard. February 10, 1992 Page 2 own The City could enforce the agreement against subsequent purchasers if they had constructive notice of the agreement. Gail C. Englert of our office tells me that title companies would not make a search of city planning files for such an agreement. Moreover, the only search they would make of city records would be the city°s lien docket and then the title companies would pick up only monetary liens. There is little reason to believe that title companies would have looked for or found this contract so that subsequent purchasers would have been on notice of it. In conclusion, since there is no evidence that the subsequent purchasers were on notice of this agreement, the city may not enforce the nonremonstrance agreement against them. I have attached a memorandum dated January 12, 1984 from Adrianne Brockman to the city regarding the enforceability of nonremonstrance agreements. The memo points up the importance of recording these agreements if they are to have any legal effect. c-: Timothy V. Ramis, Esq. Attachment kme\9WZ414\re111mcr.mem 'O'DONNELL. ')ATE January 12, 1984 SULLIVAN & RAMIS ! ATTORNEYS AT LAW 1727 N.W. HOYT STREET To Bob Jean, Frank Currie & Bill Monahan PORTLAND. OREGON 97209 15031222.4402 FROM Adrianne Brockman RE: Nonremonstrance Agreements Mom You have asked me to review a number of nonremonstrance agreements. Recently, you have asked me to review a form entitled "Consent to Annex to the City of Tigard and Waiver of Right of Remonstrance." The purpose of this memorandum is to raise what may be legal defects with this process and to recommend that nonremonstrance agreements be used as a last alternative. You should understand that I am not signing to the effect that a nonremonstrance agreement is legally enforceable when I sign it as to form, but rather that it is proper as to form. The question is whether nonremonstrance agreements are legally enforceable and, in fact, I am of the opinion that they absolutely are not enforceable if they are not recorded. The following are the issues which I see. You may wish to direct us to research the matter, but I want to caution you that it will be time-consuming because this issue has not been litigated, yet. It has not been litigated because jurisdictions have "backed off" when it has come to the doorstep of litigation. The issues are: 1. Is the right to remonstrate a "right to vote?" Certainly it has that effect because if the people owning 66% of the property object to the project, ~A it is dead for at least six months. So, the right to object is, in fact, a right to vote. 2. If the right to remonstrate is a "right to vote," under the U. S. and state constitutions can the city hold services, etc. as a hostage until the property owner relinquishes or signs away the a right to vote?; and 3. Under the constitution can you enforce a contract with someone whereby the person has contracted away their constitutional right to vote? 4. Assuming the nonremonstrance agreement process is legal with regard to the person who signs the agreement, can I take away the right of some future owner's right to remonstrate? That is, if I sign an agreement, can I bind the purchaser of-my property to a nonremonstrance agreement? Hopefully, the above questions will assist you to see the possible problems. Therefore, the city should not rely on the remonstrance agreement as being anything more than a bluff. I am not suggesting that you do away with the process because it may be legal. Rather, you should use it but be conscious that we may not be able to enforce it. AB:mch 1/12/84 COUNCIL AGENDA ITEM ~b j • CITY OF TIGARD, OREGON 1/28/92 COUNCIL AGENDA ITEM SUMMARY AGENDA OF: -Brrri~ex` i-993 DATE SUBMITTED: December 9, 1991 ISSUE/AGENDA TITLE: Fence Regulation PREVIOUS ACTION: Plannina Commission Amendments 11A f /f Recommendation of November 4, 1991 t / PREPARED BY: _DickBewers_dorff DEPT HEAD O CITY ADMIN OK REQUESTED BY: Ed Murphy IS UE BEFORE THE COUNCIL The main issue is whether the City should amend its current regulations to allow higher than three foot high fences in front yards. And if so, should these taller fences be allowed outright for all front yards, or just those which abut a collector or arterial street? - STAFF RECOMMENDATION The current regulations regarding fences should be changed in two ways: 1. Front yard fences should be allowed to be higher than the existing limit of three feet when the front yard abuts a collector or arterial street, thereby eliminating the need to request a variance; and 2. The standards relating to vision clearance and special setbacks on street side yards should be changed to improve safety and eliminate a 'nuisance" strip of land. Staff believes that changing the regulations as proposed would streamline the development process by eliminating the need for a variance and afford added privacy to those homes facing busy streets. Yet, the regulations would still address the voiced concerns of avoiding 'walls', keeping the sense of community, maintaining an attractive appearance and assisting with police and community surveillance. INFORMATION SUMMARY The issue of fence heights was discussed by the City Council and staff in a meeting on July 16th. At that time, staff was suggesting modifying the fence height regulations for front yards fences along arterials and collectors, with the idea that the City Codes discourage any new houses fronting on these streets. r The Council indicated support for changing the current regulations, and suggested that they C would be supportive of allowing up to eight foot high fences not only for those houses fronting a major street, but for any front yard. It was decided to go to the NPO's and Planning Commission for advice, and to return the issue to the City Council at a public hearing. The NPO's were split on the issue, with NPO's 4, 6, and 7 favoring limiting the front yard fence height to three or four feet; and NPO's 3 and 5 favoring allowing six or eight feet high front yard fences. The Planning Commission discussed the issue on September 26th, and voted in favor of recommending allowing up to six foot high front yard fences along arterials and collectors (as opposed to the staff recommendation of eight foot), and keeping the current standard of three feet high front yard fences in all other locations. In any case, the building code requirement for obtaining a building permit for any fence over six feet in height would remain the same. The Planning Commission also recommends the other changes proposed by staff. - PROPOSED ALTERNATIVES 1. Leave the fence regulations as they are currently written (three, foot maximum for front yard fences, except for the other proposed minor changes. 2. Amend the fence regulations as proposed by the Planning Commission, allowing up to six foot high fences in front yards along arterials and collectors, and making other minor changes. This alternative is attached as Ordinance A. 3. Amend the fence regulations to allow up to eight foot high fences in any yard area, including front yards, as originally favored by the City Council in the July workshop. This alternative is attached as Ordinance B. 4. Amend the fence regulations to allow up to eight foot high fences in front yards along arterials and collectors, as proposed by staff, Nc crdi:arce is attached, but it would be e yr ------_-,,--------as-Ordinance-A with the one change in height. FISCAL NOTES Minor fiscal impact ...may not collect as much in fees for variances to the fence height limitations. Ed/Fencel.Sum i EXHIBIT "B" C 18.100.090 Setbacks-for-Fences of Walls A. No fence or wall shall be constructed which exceeds the I standards in Subsection 18.100.090.8. except when the approval authority, as a condition of approval, allow that a fence or wall be constructed to a height greater than otherwise permitted in order to mitigate against potential adverse effects. B. Fences and walls may be permitted in any required yard or up to the property line provided that no fence or wall shall exceed eight feet in height. For any fence over three feet in height in the required front yard area Permission shall be subject to administrative review of the location of the fence or wall. [B.] C. Fences or walls: All fences or walls shall meet the clear vision area requirements Chapter 18.102). r [1. May not exceed three feet in height in a required front yard or six feet on a corner side yard or eight feet in all other locations and, in all cases, shall meet vision clearance area requirements (Chapter 18.102); C 2. Are permitted outright in side yards or rear yards to a height of six feet; 3. Located in a side or rear yard and which are between six feet and eight feet in height shall be subject tc building permit approval; 4. Located in the front yard or corner side yard and which exceed the height limitation shall comply with the setback requirements for structures set forth in the applicable zone; or 5. Located within a corner side shall be, no closer than two feet from the property line, and shall satisfy visual clearance requirements. (Ord. 89-06; Ord. 85-14; Ord. 83-52)] D. All fences or walls greater than six feet in height shall be subject to building permit approval 18.102.020 Visual Clearance: Required C. Where the crest of a hill or vertical curve conditions contribute to the obstruction of clear vision area at a street or driveway intersection, hedges, nlantin_nc_ fences, walls, wall structures and temporary or C permanent obstructions shall be further reduced in heicrht or eliminated to comply with the intent of the required clear vision area. e City Council on the application. The City Council will /hholdat ing on th is application before making a final decision. o Asso ' to Planner Jerry Offer indicated on the wall map the and r ted area. He distributed copies of 3 letters recei pertain to this its. These letters were from Garry P, cMurry, attorney resenting the owners of Tax Lot 101; Don Mo ette Homes, Inc.; anu F. Worley, NPO #4 (see Exhibit B). He provided hi rical background advising that th alignment of the Murray Boulevar tension was changed in 1988 f what it had been in 1986 when the 5 ac area was designated as Nei` orhood Commercial Zone. He advised that staff vored delaying a de ion on this application until boundaries of the 'te have been rec figured and designated, especially in light of the ew informati submitted in support of the application. He requested ontinuanc ntil the meeting on December 16, 1991. After discussion, Commissioners a essed agreement in favor of continuing the hearing to Decemb 1991. APPLICANT'S COMMENTS o John Schonkwiler, attorne epresenting pro rty owner Margery Crist, said he was in favor of ntinuance. o Garry McMurray, 43 nj. Franklin Plaza, Portla Oregon, 97258, representing prop y owner Scott Russell, advised favored continuing the hearing. * Commissioner. stile moved and Commissioner Moore secon to continue the hearin o December 16, 1991. Motion carried by unani s vote of Commissio s present. MEETING RED D - 8:05 PM MEETIN CONVENED - 8:15 PM 5.2 ZONE ORDINANCE AMENDMENT ZOA 91-0003 A proposal to consider amending the Community Development Code Chapter 18.100.090 Setbacks for Fences or Walls to allow fences up to eight feet in height in front yards along designated arterial and collector streets excluding clear vision areas; and to amend vision clearance requirements Chapter 18.102.101 (C) to address topography and vertical curve situations. o Senior Planner Dick Bewersdorff reviewed the issues which involved height of fences in front yards, current setbacks, and clear vision problems. He elaborated on each of these issues He discussed the uses of fences. He exp1 wined that the staff's proposals would make the regulations more flexible. PLANNING COMRtISSION MINUTES - NOVEMBER 4, 1991 PAGE 2 i o Commissioner Fessler raised the issue of living fences, and-Senior Planner advised these would not be covered by the fence Code. o Commissioner Castile noted there was an area with arborvitae obstructing clear vision along SW McDonald. Discussion followed concerning the regulations governing clear vision areas. t PUDL16 it TEST iMONIT o Herman Porter spoke on behalf of NPO #3 stating they approved of the proposed amendment with one restriction. They suggested that at an intersection with a side street on a hill going up to an arterial or collector, that the height of the fence or hedge be measured from the bottom of the 30 feet. Further, they recommended that where there is a stop sign, that the height of the fence be measured at the stop sign. o Gill Gross, 3019 SW Hampshire, Portland, Oregon, stated he is a member of NPO V. He spoke in support of the proposed amendments. He noted there was no consensus among the NPOs regarding fence regulations. He favored limiting front yard fences to 4 or 5 feet as opposed to 8 feet in height. REBUTTAL MEN o Senior Planner commented that from the staff's point of view, it is C easier not to regulate the height of fences, but it is a matter of community choice. He reviewed the needs for privacy and noise control on minor collectors. PUBLIC HEARING CLOSED o Commissioner Saxton favored higher fences on arterials and eliminating the 2 foot setback requirement. He did not see a need to regulate the front fence height except for clear vision areas. o Commissioner Moore favored eliminating the 2 foot setback, and he was not opposed to the 8 foot height. o Commissioner Hawley expressed concern about encouraging a walled community, but she did not favor restricting front yard fence height. She indicated she had not decided on the issue of the 2 foot setback. o Commissioner Boone was opposed to regulating fence heights in general, and he noted height should be determined by topography rather than regulations. PLANNING COMMISSION MINUTES - NOVEMBER 4, 1991 PAGE 3 o 'Commissioner Fessler discussed the increasing need in some neighborhoods to mitigate the traffic noise. She said this seemed to be an indication that too few streets are doing too much work. Regarding the setback issue, she pointed out the difficulties in establishing property lines and said that right-of-ways are sometimes unclear. She favored limiting the fence height to 5 feet on a major collector. She expressed concern about security problems, where a high fence could help burglars go undetected. o Commissioner Saporta was opposed to allowing 8 foot height, but he thought 6 feet was maximum acceptable. He expressed concern about the aesthetics and the possibility of a walled community developing. o Commissioner Castile stated that 5 feet was his preference for height limit of front yard fences. o Commissioner Barber favored eliminating the 2 foot setback. She did not agree that there would necessarily be a security problem involved with higher fences. o Discussion followed concerning the living fences, hedges, and trees; and Senior Planner explained how these are regulated with regard to clear vision area. * Commissioner Hawley moved and Commissioner Moore seconded to recommend to City Council to approve amendment to the Community Development Code Chapter 18.100.090 revising of the City's fence regulations as per staff's recommendations, except item B. (2.) will be to allow fences "up to six feet in height in front yards adjacent to any designated arterial, mayor co ector or minor collector street" excluding clear vision areas. Discussion followed regarding fence heights in rear and side yards. Living fences were discussed further. Consensus was that living fences should be excluded from the fence code. Motion passed by majority vote of Commissioners present, with Commissioner Boone voting "No." Commissioner Hawley abstained. 5.3 INANCE AMENDMENT ZOA 91-0004 A proposal to con amending the Coin velopment Code pertaining to Tempor gns (Ch. 18.114.100); an . . .ons (Ch. 18.114.015 proposal amendments will limit the number o ry sig. usiness to one with a maximum of 35 square feet of a Dire a permit for all temporary signs; limit temporary si its t 'ssued for periods no longer than 30 days and fob aximum of three s per calendar year and include all tem a signs (banners, rigid, wa be within the same cl assi fi catar. C PLANNING COMMISSION MINUTES - NOVEMBER 4, 1991 PAGE 4 alum i Council Agenda Item T I G A R D C I T Y C O U N C I L MEETING MINUTES - JULY 16, 1991 • Meeting was called to order at 5:41 p.m. by Mayor Edwards. 1. ROLL CALL Council Present: Mayor Jerry Edwards; Councilors Valerie Johnson and John Schwartz. Staff Present: Patrick Reilly, City Administrator; John Acker, Associate Planner, Ron Bunch, Senior Planner; Loreen Edin, Administrative Services/Risk Manager; Ken Elliott, Legal Counsel; Ron Goodpaster, Chief of Police; Wayne Lowry, Finance Director; Ed Murphy, Community Development Director; Liz Newton, Community Relations Coordinator; Catherine Wheatley, City Recorder; and Randy Wooley, City Engineer. STUDY SESSION WATER STUDY PROPOSAL: Staff members Pat Reilly, John Acker and Loreen Edin reviewed the top three proposals for a water system study. After discussion and reviewing the elements of the proposals, council consensus was for staff to perform reference checks on two firms James M. Montgomery and Murray, Smith & Associates. TRIANGLE STUDY: Ed Murphy reviewed this item as proposed in Consent Agenda 3.5. The study would conduct a land use analysis of the Tigard Triangle that may result in proposed changes -to the current Comprehensive Plan. This planning effort will further the Council's goal of "promoting a balanced economy and enhancing the vitality of the community, creating a stronger sense of identity and strengthening the quality of interaction with citizens." Last fall, the Benkendorf Associates corporation was selected by staff as being best able to complete the desired work. After discussion, Council consensus was for concurrence with the staff's recommendation to enter into a contract with the Benkendorf Associates for services to create a Master Plan for the Tigard Triangle as outlined in the Scope of Work. FENCE PERMIT: Staff members Ed Murphy and Dick Bewersdorff reviewed a staff memorandum overviewing the proposal to change the Development Code with regard to fences. Development Code regulations restrict fences and walls in a required front yard to three feet in height. A change to the height regulation, along CITY COUNCIL MEETING MINUTES - JULY 16, 1991 - PAGE 1 with other minor modifications to the Code relating to fence locations and heights are being proposed. It was recommended that the City's fence regulations be revised to allow fences up to eight feet in height in front yards adjacent to arterial and collector streets except where clear vision requirements must be met. In addition, it is proposed that the clear vision requirements be modified to restrict fences where topography limits vision. The fence regulations should also be changed to eliminate the requirement for a two-foot setback for corner side yard fences. i After discussion, Council consensus was in agreement with the general recommendations of staff with the exception that they would like to see fences allowed up to eight feet in height in any front yard. There would be no fee; however, fences over 3-feet in height would require a staff review to assure clear vision needs are met. An eight-foot fence would require a building permit. Staff will take this issue to the NPOs and Planning commission for } their review and comment prior to a public hearing before Council. UPDATE FROM TVEDC PRESIDENT, MARY TOBIAS: Ms. Tobias reviewed the status of the Western Bypass process. ODOT is still in their public comment phase. There was discussion on Washington County cities and potential impacts if the Bypass is not approved. Ms. Tobias urged the Council and citizens to attend an ODOT open house on July 17, 4-8 p.m. at the Tigard High School. The purpose of the open house is to present information and receive feedback on a range of possible strategies to address north-south and circumferential travel in Washington County. Also, Mayor Edwards will visit :pith the Mayors of Tualatin and Sherwood to coordinate efforts and show support for the Western Bypass. Ms. Tobias said that TVEDC will be contacting the Economic Development Committees for several cities. TVEDC would like to work in an advisory capacity with these Committees. Mary Tobias is also a member of the Metro Charter Commission. This Commission has been established to produce a Charter for the Metropolitan Service District which will include the structure of METRO, and scope of authority/responsibilities. A series of public meetings have been held throughout the tri-county area: Multnomah, Clackamas and Washington. The Commission has not reached any decisions at this time EMERGENCY MEDICAL SERVICE (EMS) POLICY BOARD REPRESENTATIVE Council consensus was to support Tualatin Mayor Steve Stolze as the area's representative on the EMS Policy Board. CITY COUNCIL MEETING MINUTES - JULY 16, 1991 - PAGE 2 s COUNCIL AGENDA ITEM CITY OF TIGARD, OREGON R76, 11,11M- COUNCIL AGENDA ITEM SUMMARY AGENDA OF: DATE SUBMITTED: January 9, 1991 ISSUE/AGENDA TITLE: Public Hearin PREVIOUS ACTION: Planning Com. Zoning Ordinance Amendment - Front ---'r Recommendation= 12-2-91 store e--RV's ats etc. PREPARED BY: Dick Bewersdorff DEPT.' HEAD OR CITY ADMIN K 1 REQUESTED BY: Ed Murphy - ISSUE BEFORE HE COUNCIL Should the City Council repeal the res rictions on storage of recreational vehicles, boats, trailers, campers, cam er bodies or commercial vehicles in excess of 3/4 ton in required front yard areas within residential zones? The issue is primarily one of neighborhood aesthetics from a community standpoint versus the convenience and desire of individual property owners to store this type of vehicle on within the front yard setback. STAFF RECOMMENDATION It is recommended that the regulation be repealed for the following reasons: in many areas storage of campers, recreational vehicles, boats, etc. can still be stored in the front yard because they are placed beyond the required setback; and there appears to be strong sentiment against enforcement by many property owners. If q In December 2, 1991, the Planning Commission recommended that the City -5-Council retain the existing regulations, citing neighborhood aesthetics as the main rationale. INFORMATION SUMMARY The development code restricts storage of recreational vehicles (etc.) in the required front yard area, although enforcement of this section of the Code has been lax over the years. As outlined in the attached staff report, NPO 5 initiated an amendment to repeal these restrictions, following a series of neighborhood complaints and discussions on the issues. Reactions from the NPO's were mixed. Since the code applies only to the required front yard (normally 20 feet) campers, recreational vehicles, boats, etc. can be legally stored in many front yards. Many newer subdivisions offer protective covenants that restrict such storage. Older subdivisions, many times, have greater setbacks which would allow front yard storage. PROPOSED ALTERNATIVES 1. Approve NPO 5's application and direct staff to prepare an ordinance to repeal Section 18.96.060 A. 2. Deny NPO 5's application and retain the existing regulations as recommended by the Planning Commission. FISCAL NOTES None anticipated one way or the other; staff would shift priorities depending L on the Council's resolution of this matter. 3GENDA ITEM 5.3 s MEMORANDUM CITY OF TIGARD, OREGON TO: Planning Commission FROM,. Planning Division DATE: November 12, 1991 SUBJECT: NPO 5 application to repeal requirements limiting vehicle storage in front yards OVERVIEW: Summary: The Tigard Development Code Section 18.96.060 A. requires the following: Boats, trailers, campers, camper bodies, house trailers, recreational vehicles, or commercial vehicles in excess of 314 ton capacity shall not be stored in a required front yard in a residential zone. ° This section applies only to the required yard which ranges from 15 to 30 feet depending on the particular residential zone. NPO 5 has made application to repeal the above requirements. Policy Implications: Should the City continue to restrict recreational vehicle and other similar types of storage in front yard? Financial Impact: Because of the varieaty of circumstances relative to the number of recreational vehicles stored in yards and individual circumstances, a considerable amount of code enforcement time would have to be expended to consistently and uniformly enforce existing regulations. No fees are involved. Recommendation: It is recommended that the regulations be repealed unless it becomes City policy to proactively enforce the existing regulations. ANALYSIS: Background: NPO 5 has made application to delete Section 18.96.060 A. of the Tigard Development Code. In late April, 1991, the City Code Enforcement Officer cited a property owner for parking a recreational vehicle in violation of the above code section. The action was the result of a complaint. The City had not been C enforcing the requirement without receiving complaints. The d property owner who was cited pointed out a number of other similar violations. To be consistent, the Code Enforcement Officer then cited a number of other property owners. As a result, the City then received numerous complaints regarding the enforcement of the provisions. Enforcement was, suspended and all NPO's were asked to review a proposal by NPO 5 to change the front yard storage regulations to apply only to lots smaller than 7500 square feet. 3 NPO review was completed during the summer. A summary of NPO comments is attached. Since NPO 5 did not find a reasonable solution to fit existing circumstances from the NPO sessions, it s filed an application to delete the requirements. Issue: The issue of whether a recreational vehicle or other similar boat, vehicle or trailer should be allowed to be stored in the front yard is primarily one community values revolving around :-s aesthetics. Side yards are, in some cases, not large enough to # allow storage. Some residential areas favor the existing regulations, others do not. Many subdivisions have covenants or deed restrictions that restrict such storage. Even though such CC&R's control the storamae, some subdivisions prefer that the City have a similar restriction so that the City would do the enforcement. Recommendation: If the City is to retain the regulations, staff agree that it should be enforced proactively. Enforcement by complaint is not the best policy even though it is sometimes necessary due to the lack of resources or time. Since CC&R's can control parking and storage in neighborhoods that so choose, it appears that repeal of the provisions may be warranted. 1 if l O. ljg MEMORANDUM CITY OF TIGARD, OREGON TO: Dick Bewersdorff, Senior Planner FROM: Liz Newton, Community Relations Coordinator LA DATE: July 17, 1991 SUBJECT: NPO Comments on RV Storage Ordinance On Wednesday, July 10, 1991, I facilitated a discussion with NPO's 1/2, 4 & 8 to discuss the NPO 5 proposal regarding RV storage. By a vote of 13 - 2, the members present favored some regulation of RV storage in front yards. Six people favored leaving the ordinance as is, 5 favored some modification to regulate front yard storage. Suggestions for regulation of front.yard storage included the following: o Prohibiting front yard storage except in cases of hardship. o Allow front yard storage as long as vision clearance requirements are met. o Allow front yard storage as long as the vehicle is behind a legal fence. o Allow front yard storage where there is a minimum of 50' frontage. Most of the people in attendance felt that the 7500' minimum proposed by NPO #5 is discriminatory. There were concerns raised about pie shaped lots that may meet the 7500 minimum but may not have room in the front to store an RV or smaller lots with front yards that are adequate. There were some concerns raised regarding the city's current 'enforcement by 5 complaint` policy. Some felt that if ordinances can not be actively enforced they should be repealed. The biggest concern expressed was that if RV storage is permitted in the front yard vision clearance provisions must be met. s E 3 i 1 NPO 1#5 MINUTES July 17, 1991 ROLL CALL: Present: Hopkins Bieker Doty Hawley Absent: Takahashi (excused) MacKinnon The meeting was called to order in joint assembly with NPO #6 in Town Hall at 7:30 p.m. The only item of business in the joint meeting was consideration of NPO 5's proposed amendment to the municipal code having to do with R.V. storage. After a brief background presentation by Craig Hopkins, Dick Bewersdorff moderated the subsequent discussion. Most of the comments were in response to the memorandum he read from Liz Newton that summarized other NPO's comments on this issue. After the discussion, both NPO's adjourned to their separate gatherings in order to further deliberate issues pertinent to their areas. As a matter of old business, we continued to evaluate our R.V. storage amendment proposal. We concluded that considering Tigard's uniquely diverse neighborhoods, any amendment would fiend to be discriminatory. Therefore, it seemed that the most reasonable thing to do was pursue having the existing ordinance removed from the Code. Craig Hopkins and Bill Bieker volunteered to continue working with Liz Newton on proper draft language for an amendment presentation to Tigard's Planning Commission and City Council. Under "New Business" Wendi Hawley shared that NPO 5's comments regarding the Raze Meadows project were part of Hearings Officer's final decision. With no further business, the meeting was adjourned at 8:45 p.m. r Respectfully submitted, Craig Hopkins h:Voginl olnpobmin.712 1 i t I e NS MUTES NPO V8 WEDNESDAY JULY 10, 1991 Meeting began at 7:30 pm with a joint meeting of NPOs 1/2, & 4 to discuss the present RV Storage Ordinance, with the possibility of recommending some changes. The present ordinance requires that RVs not be stored in the required 20 front yard setback. They may be stored in the side or back yards, and may be stored in the front yard if the yard is deep enough. There were suggestions from. NPO 5 that front storage be allowed if the lot exceeded a certain minimum area. There was a i variety of opinion in -NPO 8, which was genera 1.1 y against the "area" exception. Some members were interested in some modification of the present ordinance, but most favored staying fairly close the ordinance as written. Chairwoman Chase called the roll for the regular meeting at 8:35 pm. Present were: Chase, Blomgren, Epler, Iford, Hein, Juve, and Stevens. John Nolan is no leaving the NPO. Alicc moved t; at he Minutes of the June 12 meeting be approved as presented. John seconded. 'Passed-unanimously. - Cathy said that the areas of "special concern" will be discussed in the August meeting. We continued the discussion from last month on the problem of brush and other sight obstructions at corners. There does appear to be a Tigard City ordinance which addresses this problem. Cathy reported that she had received-no notices of decisions. Cathy presented a notice of the WESTERN BYPASS MEETING ON JULY 17. We will discuss the town meeting at the August NPO meeting. We discussed the Minor Partition request by Cloy Haeffele on property at 10900 SW Hall Blvd. After determining which piece of property we were discussing, we noted that there were problems accessing the property, because the State did not want to grant additional entrances on HALL Blvd. Cathy stated that if the owner could get the necessary access, she would not have a problem. Joel said that we should approve the minor partition, with a note mentioning the possible access problem. Cathy was concerned about the possibility of creating a flag lot because of the access problem. Joel felt that the parcel was to large to cause a flag lot concern, that it would probably be subdivided eventually. C l i f f pointed. cut that the property is 270' deep which would be i LM reasonable for- a cu l de sac. I i i ASW NPC . JL+L.Y 1 991 _ i Jim moved that we have no problem with the minor partition, but that we had some concerns about the access. Stevens seconded. } Cathy questioned the Zoning. Bob noted that it was already zoned R12. That the MP request did not ask for a zone change. The R12 zoning is designed for apartments. Motion passed unanimously. John moved adjournment at 9:00. Stevens seconded. Motion carried. 1 .Meeting Adjourned at 9:00pm. f x a i j 1 i i t P 4 t l S J j 7 t' i 9 1 2 ; i I ILMI 9JF COUNCIL AGENDA ITEM CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF: February 11, 1992 DATE SUBMITTED: January 3, 1992 ISSUE/AGENDA TITLE: Revision of City PREVIOUS ACTION: None Street Vacation Ordinance / PREPARED BY: Dick Bewersdorff'I DEPT HEAD OK CITY ADMIN O REQUESTED BY: Ed Murphy - POLICY ISSUE Should the City revise its Street Va ation notification requirements to coincide with 1991 changes in Oregon State Statutes? STAFF RECOMMENDATION Approve the attached ordinance to streamline city street vacation procedures. INFORMATION SUMMARY The current City of Tigard ordinance for street vacations is to cumbersome, time consuming and complicated in comparison to many other jurisdictions. The Oregon Revised Statutes were revised in July, 1991 to allow publication of street vacation petitions once a week for two consecutive weeks prior to the hearing instead of four and the posting and publication of notices not less than 14 days before the hearing instead of 28. These minor changes will significantly reduce time and advertising costs while still providing adequate notice to potentially interested parties. PROPOSED ALTERNATIVES 1. Approve the attached ordinance as submitted. 2. Modify the attached ordinance and direct staff to make the appropriate changes. FISCAL NOTES The amended notification process will reduce City Council time, staff time and reduce advertising costs. cb/StVac.Ai i