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City Council Packet - 08/10/1993CITY OF TIGARD OREGON PUBLIC NOTICE. Anyone wishing to speak on an agenda item should sign on the appropriate sign-up sheet(s). If no sheet is available, ask to be recognized by the Mayor at the beginning of that agenda item. Visitor's Agenda items are asked to be two minutes or less. Longer matters can be set for a future Agenda by contacting either the Mayor or the City Administrator. Times noted are estimated: it is recommended that persons interested in testifying be present by 7:15 p.m. to sign in on the testimony sign-in sheet. Susinm agenda items can be heard in anv order aftr 7'36 8 m Assistrve Listening Devices are available for persons with impaired hearing and should be scheduled for Council meetings by noon on the Monday prior to the Council meeting. Please call 639-4171, Ext. 309 (voice) or 684-2772 (TDD - Telecommunications Devices for the Deao. Upon request, the City will also endeavor to arrange for the following services: • Qualified sign language interpreters for persons with speech or hearing impairments; and Qualified bilingual interpreters. Since these services must be scheduled with outside service providers, it is important to allow as much lead time as possible. Please notify the City of your need by 5:60 p.m. on the Thursday preceding the meeting date at the same phone numbers as listed above: 639-4171, Ext. 309 (voice) or 684-2772 (TOD - Telecommunications Devices for the Dmo. SEE ATTACKED AGEIVDA COUNCIL AGENDA - AUGUST 10, 1993 - PAGE 1 AGENDA AUGUST 10, 1993 6:30 p.m. • STUDY SESSION (TOWN BALL CONFERENCE ROOM): A. Agenda Review B. Council Communication/Liaison Reports 7:30 p.m. 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. VISITOR'S AGENDA (Two Minutes or Less, Please) 3. CONSENT AGENDA: These items are considered to be routine and may be enacted in one motion without separate discussion. Anyone may request that an item be removed by motion for discussion and separate action. Motion to: 3.1 Approve Council Minutes: June 24, July 13, 20, 1993 3.2 Receive and File Council Calendar - August through October, 1993 3.3 Approve Reappointment of Doug Saxton to the Planning Commission - Resolution No. 93-5a 3.4 Initiate Legalization Proceedings for Portions of the Right-of-Way of S.W. 93rd Avenue and S.W. 112th Avenue and Setting a Public Hearing - Resolution No. 93-,fo 3.5 Approve Purchase of Property for Right of Way for the 109th Avenue Extension Project 3.6 Local Contract Review Board: a. Authorize Advertisement for Bid for City Hall Exterior Repair b. Authorize Advertisement for Bid for Library Expansion 4. UPDATE/REPORTS FROM STAFF - COUNCIL DISCUSSION: _ _ -Hart-Property-Update - oral 4,_---Hart-Property-Update 4.2 Billboard on Scholls Ferry - oral 5. CONSIDERATION OF RESOLUTION - GAGE NATURAL AREA LOCAL IMPROVEMENT DISTRICT - RESOLUTION NO. 93--. • Community Development COUNCIL AGENDA - AUGUST 10, 1993 - PAGE 2 6. COUNCIL DISCUSSION/ACTION - CAPITAL IMPROVEMENT PROJECTS. • Engineering 7. CONSIDERATION OF RESOLUTION - METZGER PARK LOCAL IMPROVEMENT DISTRICT ASSESSMENT - RESOLUTION NO. 93 _ . • City Administration 8. CONSIDERATION OF CHARTER AMENDMENTS - RESOLUTION NO. 93-_. • City Administration 9. CONSIDERATION OF ORDINANCE AMENDMENT: PARKING OF OVERSIZED VEHICLES - ORDINANCE NO. 93-211 • Police Department 10. NON-AGENDA ITEMS 11. EXECUTIVE SESSION: The Tigard City Council may 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:\reoorder\cca\cca0810.93 COUNCIL AGENDA - AUGUST 10, 1993 - PAGE 3 Council Agenda Item TIGARD CITY COUNCIL MEETING MINUTES - AUGUST 10, 1993 Meeting was called to order at 6:30 p.m. by Mayor Jerry Edwards. 1. ROLL CALL .Council Present: Mayor Jerry Edwards; Councilors Judy Fessler, Wendi Conover Hawley, Paul Hunt. Staff Present: Patrick Reilly, City Administrator; Ed Murphy, Community Development Director (arrived at 6:52 p.m.); Liz Newton, Community Relations Coordinator; Tim Ramis, Legal Counsel; Catherine Wheatley, City Recorder; and Randy Wooley, City Engineer. STUDY SESSION Library Remodel Review: Library Director, Kathy Davis, reviewed Library Expansion plans. Bid opening is tentatively scheduled for September 8. Completion by Thanksgiving is the goal. At the same time, the remodel to the Police Department entrance will be done. Also, the entire building will be recaulked and painted. Paint swatches for color selection will be place on the back exterior wall of City Hall. Traffic Impact Fees: City Engineer Wooley gave a brief explanation of the Traffic Impact Fee (TIF) rules on how the dollars can be spent once collected by the City. A series of conditions must be met: 1) TIF projects must be on an approved project list. 2. Projects must be related to growth. 3) Eligible projects must be a component of ultimate total street improvement (growth related). 4) The list can be changed, but it must be shown that something has changed (i.e., a change in the Comprehensive Plan. 5) The center 28 feet are not eligible (on existing street) for TIF funds. (Community Development Director arrived: 6:52 p.m.) Agenda Review: Council briefly reviewed the Council agenda. Councilor Hunt advised he would be asking that Consent Agenda Item 3.5 be pulled for separate discussion and consideration. City Administrator Reilly advised that Councilor Schwartz requested the deliberation on the Gage property (request for formation of an LID) be postponed until August 24, 1993. In response to Councilor Fessler, City Administrator Reilly advised staff was sorting through the signatures in an effort to determine which residents were in favor of the LID and those who were opposed. If less than 50% of the affected property iz, CITY COUNCIL MEETING MINUTES - August 10, 1993 - PAGE 1 owners have signed the petition in favor, Council would then consider whether to initiate the LID process by their own action. Another option would be to vote to suspend the LID process as this time. A third option was identified which would give an additional time period for collection of signatures to determine whether, in fact, 50% of the affected property owners were in favor of the LID. Goal 5: Councilor Hunt noted he was concerned with the process on Goal 5. He requested that time be set aside to discuss Goal 5 in order for Council to gain a better understanding of where the City was in complying with Goal 5. City Administrator Reilly advised many of these questions should be answered at the workshop scheduled for next week with the Planning Commission. City Attorney Ramis will explain the process for Goal 5 compliance in conjunction with the periodic review process. Tigard Country Daze: Carnival will not be held at the Payless parking lot site. Request has been submitted to the Joint Water Board for permission to hold carnival on the JWA/TWD parking lot. (Note: Joint Water Agency Board approved later in the week the carnival will be held at the Joint Water Agency/TWD building.) Tigard Farmers Market was a great success! MPAC Update: Councilor Fessler updated and asked for comments on the proposal that Multnomah County release to Metro the responsibility for County cemeteries, parks, the Expo Center, and Glendoveer Golf Course. Meeting with Metro Representatives: Mayor Edwards reported he attended a recent lunch meeting at the request of Metro Presiding Officer Judy Wyers. Also present were Metro Councilors Devlin and Kvistad, and the Mayors of King City and Durham. The purpose was to broaden communication. Council Meeting Recessed at 7:22 p.m. Council Meeting Reconvened at 7:30 p.m. BUSINESS MEETING VISITOR'S AGENDA • Mary Phyllis Baumer signed in to testify on the Visitor's Agenda. Ms. Baumer indicated she did not wish to testify at this time. Bob Cameron, 215 S. Grant Street, Newberg, Oregon, advised he and his wife own Rusty's Resale in the Tigard Plaza. He reported problems with theater patrons parking in the Plaza lot making it difficult for his patrons to find a parking place. Councilor Hawley suggested that Mr. Cameron approach other merchants in the Plaza to work out some kind of reciprocal agreement. Mayor said he did not ( CITY COUNCIL MEETING MINUTES - August 10, 1993 - PAGE 2 think this was an appropriate issue for the City to be involved in. He said these were private businesses on private property and enforcement of parking should come from the owners. He urged Mr. Cameron to contact the manager and/or owner of the Tigard Plaza. Julian Kaasa, 7914 SW Churchill Way, Tigard, Oregon, testified regarding the Gage Natural Area Proposed Local Improvement District. He noted the confusion with the number of petitions being circulated for and against the LID proposal. He suggested that the City circulate its own petition. He noted appreciation of Chief Goodpaster's response to his concerns with regard to crime and/or misconduct relating to the Gage property. Linda Merriman, 8438 SW Ashford, Tigard, Oregon, 97224, also testified on the Gage issue. She concurred that it may be beneficial for the City to circulate a separate petition. She noted her success in obtaining signatures in one afternoon from those who opposed the LID proposal. She said that she felt she had been misled with the original petition asking for support. She advised she believed, when she signed the supportive petition, that there would minimal costs associated with upkeep and did not understand that this was a request to help purchase the property as well. She noted concerns with the change in boundaries and advised that her house was as far away as those who were later deleted from the proposed LID area. g. In response to inquiries from Councilor Hawley, Ms. Merriman responded she did not want to participate in the acquisition of the Gage property nor did she want the City to investigate further (i.e., Engineering Report) the costs and feasibility of the proposal. Gena Corbet, 13450 SW Watkins, Tigard, Oregon, 97223, inquired about funds (TIF or gas tax) to be used for construction pedestrian walkways in the Watkins/Park neighborhood. Mayor advised Ms. Corbet many of her questions will be answered later in the meeting (see Agenda Item No. 6) CONSENT AGENDA: Motion by Councilor Hawley, seconded by Councilor Hunt, to approve Consent Agenda Items 3.1 through 3.6(b), less Item 3.5. Motion was approved by unanimous vote of Council, with Item 3.5 being pulled for separate discussion. 3.1 Approve Council Minutes: June 24, July 13, 20, 1993 3.2 Receive and File Council Calendar - August through October, 1993 3.3 Approve Reappointment of Doug Saxton to the Planning Commission - Resolution No. 93-38 3.4 Initiate Legalization Proceedings for Portions of the Right-of-Way of S.W. CITY COUNCIL MEETING MINUTES - August 10, 1993 - PAGE 3 93rd Avenue and S.W. 112th Avenue and Setting a Public Hearing - Resolution No. 93-3-9 * 3.5 Approve Purchase of Property for Right of Way for the 109th Avenue Extension Project - Tabled to 8/24/93 3.6 Local Contract Review Board: a. Authorize Advertisement for Bid for City Hall Exterior Repair b. Authorize Advertisement for Bid for Library Expansion *Councilor Hunt questioned this purchase, referring to the recently stated Council policy of purchasing property for road construction only when property is owner-occupied or road construction is imminent because of development. Triad development will help pay for this roadway if and when they receive final approval. The Planning Commission will hold a public hearing on this issue on Monday, August 16. City Administrator Reilly advised that further discussions of this issue should be held in Executive Session under the ORS provision for the acquisition of real property. If it is determined Council wishes to make a decision on Item 3.5 after the Executive Session, Council would reconvene into regular session to make this decision. 4. UPDATE/REPORTS FROM STAFF - COUNCIL DISCUSSION: 4.1 Hart Property Update Community Development Director Ed Murphy advised Mrs. Hart has volunteered to have the floodplain delineated on her property. No additional trees have been removed; erosion control is in place; and wood chips will be removed. The Code Enforcement Officer will return to the site on August 17 to observe whether the debris has been removed. Mr. John Rankin, 22151 SW 55th Street, Tualatin, Oregon, 97062, attorney for Mrs. Hart, advised on behalf of Mrs. Hart that sl-a has been a good citizen and never intended to create a controversy. He said she intends to comply with City requirements. He confirmed that she intends to delineate the floodplain. He noted fill dirt is piled on what was the bank of the preexisting pond. Mr. Rankin asked that Mrs. Hart be given permission to have a one-time access through the park to run a wood chipping truck to her property to chip the debris. There were no objections from Council. Mrs. Hart is to work through the Parks Supervisor (Floyd Peoples) to determine if this is possible. CITY COUNCIL MEETING MINUTES - August 10, 1993 - PAGE 4 4.2 Billboard on Scholls Ferry Update No new information. Community Development Staff to submit request to legal counsel for determination as to whether this billboard violates the intent of the Code. 5. CONSIDERATION OF RESOLUTION - GAGE NATURAL AREA LOCAL IMPROVEMENT DISTRICT - RESOLUTION NO. 93-_. • This issue was postponed to August 24, 1993. Deadline for receipt of information for or against the proposed LID to be received at City Hall no later than 5 p.m. on August 16. 6. COUNCIL DISCUSSION/ACTION - CAPITAL IMPROVEMENT PROJECTS. City Engineer Wooley reviewed the staff proposal for the remaining projects under the Streets Capital Improvement Budget for FY 93-94. Gena Corbet asked several question and made brief presentation concerning pedestrian walkway information to Council. Additional information for Council review will be forwarded from Ms. Corbet. After brief discussion Council approved the remaining projects under the Streets Capital Improvement Budget for FY 1993-94. A motion to so approve was made by Councilor Hunt, seconded by Councilor Fessler. Projects approved: • $40,000 in gas tax funding to be used for pedestrian improvements in the Park/Watkins neighborhood. Staff will work with the neighborhood to determine precise improvements to be made, the goal being to provide the greatest benefit to pedestrian safety with the funds available. • Assign the remaining $44,000 of traffic impact fee funding to the design of the 130th/Winterlake bridge connection. Motion was approved by unanimous vote of Council present (Mayor Edwards, Councilors Fessler, Hawley and Hunt voted "yes.") 7. CONSIDERATION OF RESOLUTION - METZGER PARK LOCAL IMPROVEMENT DISTRICT ASSESSMENT - RESOLUTION NO. 93-_ . City Administrator Reilly reviewed information on this agenda item. After discussion, Council decided to table this issue to August 24, 1993. Consensus of C CITY COUNCIL MEETING MINUTES - August 10, 1993 - PAGE 5 Council was to attempt to solicit information from those property owners affected { in the Metzger LID area. 8. CONSIDERATION OF CHARTER AMENDMENTS - RESOLUTION NO. 93"_ City Administrator Reilly reviewed the staff report. He advised that if Council did not go forward with a November election, the next available election for the Charter Amendment would be in March, 1994. Councilor Hunt advised he would prefer to review the Charter amendment proposals more thoroughly to study ramifications of the proposed changes. He said he was opposed to going out for a November election. Councilor Fessler advised she agreed with Councilor Hunt. Councilor Hunt further requested that this issue, if delayed until a March, 1994 election, be kept to the forefront of Council items for consideration. Council members agreed to schedule this for a Study Meeting in September. 9. CONSIDERATION OF ORDINANCE AMENDMENT: PARKING OF OVERSIZED VEHICLES - ORDINANCE NO. 93-21 A. Chief of Police Goodpaster summarized the staff report. The intent of the language was to restrict on-street storage of large vehicles, while still allowing reasonable access for residents. B. ORDINANCE NO. 93-21 - AN ORDINANCE AMENDING THE TIGARD MUNICIPAL CODE BY UPDATING DEFINITIONS; REPEALING SECTION 10.28.020; SPECIFYING PROHIBITED PARKING; AND REGULATING THE PARKING OF LARGE VEHICLES ON PUBLIC STREETS. C. Motion by Councilor Fessler, seconded by Councilor Hunt, to adopt Ordinance 93-21. Motion was approved by unanimous vote of Council present (Mayor Edwards, Councilors Fessler, Hawley, and Hunt voted "yes.") 10. NON-AGENDA ITEMS: None 11. *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. *Note: Mayor Edwards announced, out of Executive Session, that no action would be taken on Agenda Item 3.5. This item will be considered again on August 24, 1993). CITY COUNCIL MEETING MINUTES - August 10, 1993 - PAGE 6 ( 12. ADJOURNMENT: 9:14 P.M. L Attest: erine Wheatley, City Recorder C of Tigard Date: h:\recorder\ocm\ccm0810.93 % CITY COUNCIL MEETING MINUTES - August 10, 1993 - PAGE 7 Aft COMMUNITY NEWSPAPERS, INC. t.e,psf P o uox 3ro PONE (W3) 6" Omo mattes Tr 76+3 tit`AyUkTON. 0149.'fiON 97075 Legal Notice Advertising e Ci ty of 1'ii.;ard • O Tearsfwol Notice 13125 SW It-will Blvd. Uregoii 9721.3 • O t)upfica~+AHidavN • 'Tigard , Thelallowlitd+ tuoD nowiltr "131-S S.W. gta11 LU Cit 0 • e daii rs~ y A~cttiisfl M4 be g 'Y 97,15. of $y tslt#eSds#SR4~79. 6m~a+~ . CITY Cam. D1i15"afflimmum AISIii.IST to. Im r AFFIDAVIT OF PUBLICATION MARt)Wif 1MJ -TMHHALL 13125 S,W. HAUL F49Il,LVARDA.IWARD?., OASCON STATE OF OREGON. ) COUNTY OF WAS►I;NOTON, )ss utcudre 3eai 4= (YOWD Hall C0Q(ortsec* PAM11 1) (5.30 P-H . Tho Tii19rd MY Cavocil will 'Sam unto Jbicartlve 110"Joa tsa r the hzii [h Koehler _ poitirims of OR$192AM (1) (0). a b) to dig=" tents,' Itttotiom boinQ brat duty sworn. depose and say ~ihat 1 a((^ he Advertising f th k l l P Wd pCopa litt;9siaa+ls w er . o c Draclor. or his prkicipa e a newspaperr of general cucyI tion a defined in ORS 103010 in the Stra3j:Io4AMW P.M* snd 1®3020, published at - ArskU Xav*w at aid ounty d state; that the ~et e Fi 1 ss Tr JAL _ ty - Bask" l4colitj (7:V P k a printed copy of which is hereto annexed, was published in the COVI Cil DkaPOKDrvtist 5ts(t entire issue of said newspaper lot sueceaswe and Q0l oa consecutive in the following issues = - 3 AAiirust 5, 11Y) - Pwk Lmd I~ro,~earseaa1XsaielAtwowa t MetqW . . 1 Leew Cbmsct RCy4ew Dowd moving - 721643-lit"shAurmS.1993. tiubs,cribed and sworn tobeforo"thia5th.da of ,AugU-M 1993. I"- Crr.::AL SEAL 11011M A BURGESS Notary Public for Oregon NOTARY PL-80C • OAIGON COu"140. NO 024592 My Conimisskm Expires ur CCuu'a',,.Ori (rt'M(S WAY W 1892 AFFIDAVIT CITY OF TIGARD, OREGON AFFIDAVIT OF POSTING In the Matter of the Proposed STATE OF OREGON ) County of Washington ) ss. City of Tigard ) 1, ftAe' -A 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) q 3-Q 1 which were adopted at the Council Meeting dated - 3 copy(s) of said ordinance(s) being hereto attached and by reference made a part hereof, on the 1 day of ?J'a 1 19 q 7~1 . 1. Tigard Civic Center, 13125 SW Hall Blvd., Tigard, Oregon 2. West One Bank, 12260 SW Main Street, Tigard, Oregon 3. Safeway Store, Tigard Plaza, SW Hall Blvd., Tigard, Oregon 4. Albertson's Store, Comer of Pacific Hwy. (State Hwy. 99) and SW Durham Road, Tigard, Oregon LZ 6,4 11-61, Subscribed and sworn to before me this -."ZA - day of~ 19~. el/ I , Notary Public for Oregon My Commission Expires: S- - 5 log(n\jo\affpost CITY OF TIGARD ORDINANCE NO. q3- al AN ORDINANCE AMENDING THE TIGARD MUNICIPAL CODE BY UPDATING DEFINITIONS; REPEALING SECTION 10.28.020; SPECIFYING PROHIBITED PARKING; AND REGULATING THE PARKING OF LARGE VEHICLES ON PUBLIC STREETS WHEREAS, the Oregon Vehicle Code has been renumbered, and certain terms re-defined; and WHEREAS,.the City Council finds offensive advertising or sales of merchandise from vehicles parked on public streets; and WHEREAS, the City Council finds that maintenance or storage of vehicles on public streets is offensive and can create a traffic hazard; and WHEREAS, the City Council finds that the parking of trailers, campers, motor homes and other similar vehicles on public streets or public property can create a traffic hazard and obstruction; and WHEREAS, the Tigard Municipal Code must reflect all of the above changes; now, therefore, THE CITY OF TIGARD DOES ORDAIN AS FOLLOWS: SECTION 1: Section 10.28.010 of the Tigard Municipal Code is amended to read as follows: 10.28.010 Definitions. (a) "Parking" or "parked" for purposes of the city motor vehicle code, means the stopping or standing of any vehicle upon any street or highway within the city, for the purpose of and while actually engaged in loading or unloading passengers or freight, or in obedience to traffic regulations or traffic signs or signals. (b) It is unlawful for any person to park or stop any vehicle for a longer period of time than that designated by official signs, parking meters, or other markings placed by or under authority of the city. "Parking time limit" includes the aggregate of time of all stopping or standing of the same vehicle on the same side of the street within a space of three hundred lineal feet measured along the curb-line and between intersections; and the parking, standing or stopping of any vehicle within ORDINANCE No. n;:) Q1 Page 1 such expanse shall not exceed the designated time limit during any three-hour period. (c) For purposes of this chapter, the definitions of the following terms as used herein shall conform to the following ORS sections which by reference herein are made a part of this chapter: (1) "Camper" is defined as set forth in ORS Section 801.180. (2) "Highway" or "street" is in ORS Section 801.305. (3) "Mobile home" is defined 801.340. (4) "Motor bus" is defined as set forth in ORS 801.200 (5) "Motor home" is defined Section 801.350. (6) "Motor truck" is defined Section 801.355. defined as set forth as set forth in ORS s a Commercial Bus as as set forth in ORS as set forth in ORS (7) "Recreational vehicle" is defined as set forth in ORS 446.003. (8) "Trailer" is defined as set forth in ORS Section 801.560. (9) "Travel Trailer" is defined as set forth in ORS 801.565. (10) "Truck Tractor" is defined as set forth in ORS Section 801.575 SECTION 2: Section 10.28.020 of the Tigard Municipal Code, specifying purposes for which parking is prohibited, is hereby repealed. SECTION 3: Chapter 10.28 is amended by adding Section 10.28.22 to read as follows: No person shall park a vehicle on the right-of-way of any highway, or upon any public street or public way within the city limits for any of the following purposes: (1) Selling or offering merchandise for sale; (2) Washing, greasing or repairing such vehicle except as may be necessitated by emergency; (3) Storage, for any period of more than twenty- four hours, except that this subsection shall be subject to the limits elsewhere prescribed in the city motor vehicle code or as may be prescribed by the Oregon State Motor Vehicle Code. It shall constitute prima facie evidence of storage of a ORDINANCE No. f3' a Page 2 vehicle if the same is not moved for a period of twenty-four (24) hours. The continuity of the time shall not be deemed broken by movement of the vehicle elsewhere on the block unless the movement removes the vehicle from the block where it was located before it is returned. Any vehicle mentioned in this subsection parked on the right- of-way of any highway, or upon any public street or public way within the city in violation of this subsection may be treated as an abandoned vehicle and the provisions of Chapter 7.60 shall apply." SECTION 4: Section 10.28.030 is amended to read as follows: Section 10 28 030 Truck trailer, bus, camper, motor home recreational vehicle, and boat restrictions. A. No person shall at any time park or leave standing a house trailer, motor bus, motor truck, truck tractor, motor home, boat, vehicle with camper, recreational vehicle, or trailer, as defined in section 10.28.010 (c), whether attended or unattended, on any improved public highway, public street or other public way within the city limits, for a period greater than thirty (30) minutes, between the hours of one minute past twelve a.m. and six a.m.. B. A recreational vehicle, house trailer, or motor home may be parked on a public street longer than the period allowed in section 10.28.030 A. if: 1. It is owned by the resident or guest of the resident of the property in front of which it is parked, 2. It is parked on the public street adjacent to the lot of the resident and 3. It is parked on the public street no longer than ten (10) days in any calendar year. C. Such vehicle must be parked in a manner which does not interfere with traffic or create a hazard by obstructing the view of drivers. D. Tractor Trailer, Truck Trailer. No person shall at any time park a tractor trailer or truck trailer as described in Section 10.28.010(c) unattended on any improved public highway, public street or other public way within the city limits. SECTION 5: This ordinance shall be effective 30 days after its passage by the Council, approval by the Mayor, and posting by the City Recorder. ORDINANCE No. q3_.11 Page 3 PASSED: By a.{.L j YYUTU4-' vote of all Council members present after being read by number and title only, this day of , 1993. C erine Wheatley, City Re rder APPROVED: This day , 1993. Gerald R. Edwards, Mayor Appro ed as to forn Ci ttorney Date ach\dgard\m-\parking.ord ORDINANCE No. q-#' Page 4 C ACEIVI3A ITM NO 2 LLISfrO,'S A(aEIVDdfi (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. a Council Agenda Item J.a MEMORANDUM CITY OF TIGARD, OREGON TO: Honorable Mayor and City Council FROM: Patrick J. Reilly, City Administrator DATE: August 10, 1993 SUBJECT: COUNCIL CALENDAR, August - October, 1993 Official Council meetings are marked with an asterisk If generally OK, we can proceed and make specific adjustments in the Monthly Council Calendars. August 193 * 10 Tue Council Meeting (5:30 p.m.) Study Session Business Meeting * 17 Tue Council Study Meeting (6:30 p.m.) Council/Planning Commission Workshop - Tree Ord. 20-22 Fri-Sun Tigard Country Daze * 24 Tue Council Meeting (6:30 p.m.) Study Session Business Meeting September 193 6 Labor Day Holiday (City offices closed) 14 Council Meeting (6:30 p.m.) Study Session Business meeting 21 Council Study Meeting (6:30 p.m.) Tentative 28 Council Meeting (6:30 p.m.) Study Session Business Meeting October 193 12 Council Meeting (6:30 p.m.) Study Session Business Meeting 19 Council Study Meeting (6:30 p.m.) Tentative 26 Council Meeting (6:30 p.m.) Study Session Business Meeting ( COUNCIL AGENDA ITEM 3.3 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF: August 10. 1993 DATE SUBMITTED: July 27, 1993 ISSUE/AGENDA TITLE: Reappointment to PREVIOUS ACTION: Original Planning Commission Nn^ 7t a of t o t o 3/12/93. PREPARED BY: Elizabeth Ann Newton INS'( DEPT HEAD OR CITY ADMIN OK / REQUESTED BY: Planning Department Reappointment of Doug Saxton to the Planning Commission. STAFF RECOMMENDATION Adopt the attached Resolution reappointing Doug Saxton to the Planning Commission. INFORMATION SUMMARY Doug Saxton was appointed to the Planning Commission on March 12, 1991 to fill an unexpired term. He is interested in appointment to the Planning Commission for a four year term. The Planning Staff recommends his reappointment. Attached is a resolution which, if adopted, would reappoint Doug Saxton to the Planning Commission. PROPOSED ALTERNATIVES 1. Adopt the attached resolution. 2. Take no action at this time. FISCAL NOTES C i i COUNCIL AGENDA ITEM 3'4 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF: August 10, 1993 DATE SUBMITTED: July 29, 1993 ISSUE/AGENDA TITLE: Set a Hearing PREVIOUS ACTION: None Date to Establish the Ri ht-of-Wa o S.W. 93rd Ave. d S.W. 112th Ave. PREPARED BY: Chris Davies%% DEPT HEAD OK ITY ADMIN OK REQUESTED BY: ISSUE BEFORE THE COUNCIL Shall the Council initiate proceedings to legalize portions of the Right-of- Way for S.W. 93rd Ave. and S.W. 112th Ave and set a public hearing date for September 28, 1993. STAFF RECOMMENDATION Staff recommends approval of the attached resolution to start the legalization process and set a hearing date. INFORMATION SUMMARY 1. Right-of-Way for S.W. 93rd Ave. In 1980 the City of Tigard approved a Minor Land Partition. As a condition of the development the applicant was required to provide the necessary right-of-way for the east half of S.W. 93rd Ave. Due to changes in ownership of the land the correct right-of-way dedication documents have never been recorded. Currently there is a paved road within the proposed right-of-way that is being maintained by the City and used by the general public. 2. S.W. 112th Ave. In 1970 the City of Tigard approved a Site Development Review. As a condition of the development the applicant was required to provide the necessary right-of-way for S.W. 112th Ave. Due to changes in ownership of the land the correct right-of-way dedication documents have never been recorded. Currently there is a paved road within the proposed right-of-way that is being maintained by the City and used by the general public. State law (ORS 223.935(1)) provides procedures for cities to legalize a right-of-way. In addition, the legalization process requires the City to survey the road, file a written report and hold a public hearing. n PROPOSED ALTERNATIVES 1. Approve the attached resolution initiating legalization proceedings and setting a public hearing date for September 28, 1993. 2. Amend the resolution. 3. Postpone any action to resolve existing right-of-way questions. FISCAL NOTES The necessary survey work, to establish the right-of-way, will cost approximately $6,000.00 and will be funded from the Engineering Department budget for professional services. row93.cd / COUNCIL AGENDA ITEM .3.~ l -Tabled- 4,D CITY OF TIGARD, OREGON k/ai/~c3 COUNCIL AGENDA ITEM SUMMARY AGENDA OF: Aaq; DATE SUBMITTED: July 29, 1993 ISSUE/AGENDA TITLE: Purchase of PREVIOUS ACTION: property for right of way for the 449 go 109th Avenue xtension ro'ect PREPARED BY: Gar Alfson DEPT HEAD OK CITY ADMIN OK REQUESTED BY: ISSUE BEFORE THE COUNCIL Approve the purchase of a portion of the Ristig - Kielhorn property for right of way for the 109th Avenue Extension project. STAFF RECOMMENDATION Approve the purchase of a portion of the Ristig - Kielhorn property for $161,600 and authorize the City Administrator to sign any documents necessary for completion of the purchase. INFORMATION SUMMARY We have successfully negotiated the purchase of a portion of the Ristig - Kielhorn property for $161,600. The total amount is within 10% of the appraised amount of $159,150 as authorized by the Council on 6-9-92. The purchase is required to construct the 109th Avenue Extension project. When completed, the 109th Extension project will provide a new roadway connection between Little Bull Mountain and Pacific Highway in accordance with the Comprehensive Plan Transportation Map. PROPOSED ALTERNATIVES FISCAL NOTES The 109th Avenue Extension right of way costs are funded from the Traffic Impact Fees. In the current capitol improvement program this was approved as a 'committed project' from the previous fiscal year. ga\ss-109rk.rows c N. W. 1/4 S. E. 1/4 SECTION 10 T2S R1 W W.M. CITY OF TIGARD WASHINGTON COUNTY OREGON T.L. 400 269.75' A 28'34'47' v = R 230.00' " s T v 58.58' 3 L - 114.73' ' a p CH BRO• a N49'37'40'E ' rn ° CH D. - 113.54 Lo " z N89'27'17'E wi 295 02 p = 17'41'58' -1 L151. s . ft. 1 51. R = 230.00' F- , a T a 35.81' L 71.05' CB = N2829'17'E CD = 70.77' R A = 14'34'29" ' a p{ . R 230.00 T 29.41' - 5 C) 0'21'03'E 9.206, s f t. CS = N EXHIBIT 'A' CD = 58.35' 0. 1 ncres NB9'27'17-E v 302.54' I'd 48.81' A e 1125'02" F- R = 135.00' 18'58'06' T e 13.50' ' ri in 0 = 00'25'26' R = 320.00 L 28.90 R e 2905-0 L = 105.75 CB a N08'46'20'E L = 21.50 0 C8 = S81'04'40'E CD = 26.86' Z CB = N19'45'31'E CD a 105.27 N89*27*17'F 56 04 CD = 21.50 . 7 y~ h 2 u v QT y G e 74'58'26' G R 135.00' C T - 103.54' L = 176.65' \n S>J JS CB a N51 58'04 C 6 92 a CD 6- 184.32' a 17 )v N ,1 ~G R S Rbj ~ ~T N83552•k ~s9~• O 168 f 55 , sq. t. 563 35 acres / N0028'38' W 11.22 0 = 60'51'14" R = 170.00' ; r T 99.85" ' ~Z is ^ L = 180.56 CH BRO = S33'29'28'W n o CH D.-172.19' Z T.L. 400 G = 06'43'53' R = 195.00' T e 11.47' n L a 22.91' r CH BRO - S06'25'44'W CH D. a 22.90' -589'27'17'W N89 27'17'E 194.81 Q...... 60.07 • • • • • • ' A = 79'39'36' T s 162.64' :.?7,912. sq. ft.. R - 195.00' 0.64 n r s ' L = 271.11' . ..V1 ?2?• CB = N49'37'29'E bk~3 J6 JB'k 60.07 CD 249.80' o - 16'SS'os' R = 380.00 L - 125.58 CB = S81'04'40'E CD ! 125.01 T.L. 700 COUNCIL AGENDA ITEM 3• ( `Q) CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF: August 10, 1993 DATE SUBMITTED: July 29, 1993 ISSUE/AGENDA TITLE: LCRB - Authorize PREVIOUS ACTION: Advertisement for Bid for Cit Hal Exterior Repair dag PREPARED BY: Greg Berry DEPT HEAD OK CITY ADMIN OK REQUESTED BY: Shall City Staff be authorized to advertise for bids for the City Hall exterior repair. STAFF RECOMMENDATION LCRB move to authorize City staff to advertise for bids for the City Hall exterior repair. INFORMATION SUMMARY This purpose of the project is to repair leaks and protect the building exterior from deterioration. Staff proposes to advertise for construction bids upon authorization. The City's purchasing rules require Local Contract Review Board (LCRB) approval prior to advertising for bids. After bids are received, the LCRB review will again be required to award the contract. PROPOSED ALTERNATIVES 1. Authorize staff to advertise for bids. 2. Give further direction to staff. FISCAL NOTES This is a capital improvement project funded from the current fiscal year budget and carry-over funds from the previous fiscal year. dj/GB:LCRB(2).sum COUNCIL AGENDA ITEM A L eb CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF: August 10, 1993 DATE SUBMITTED: July 29, 1993 ISSUE/AGENDA TITLE: LCRB - Authorize PREVIOUS ACTION: Advertisement for Bid for Library Ex ansion PREPARED BY: Greg Berry-Aw- DEPT HEAD OK CITY ADMIN OK REQUESTED BY: ISSUE BEFORE THE COUNCIL Shall City Staff be authorized to advertise for bids for the Library expansion. STAFF RECOMMENDATION LCRB move to authorize City staff to advertise for bids for the Library expansion. INFORMATION SUMMARY This project will add about 1350 square feet to the library and is designated as "Phase 2" of the library masterplan. Staff proposes to advertise for construction bids upon authorization. The City's purchasing rules require Local Contract Review Board (LCRB) approval prior to advertising for bids. After bids are received, the LCRB review will again be required to award the contract. PROPOSED ALTERNATIVES 1. Authorize staff to advertise for bids. 2. Give further direction to staff. FISCAL NOTES This is a capital improvement project funded from the current fiscal year budget. dj/LCRB(2).sun C COUNCIL AGENDA ITEM a7 CITY OF TIGARD, OREGON a1!~i:- COUNCIL AGENDA ITEM SUMMARY AGENDA OF: AUGIJ&T -10, 1993 DATE SUBMITTED: August 5th ISSUE/AGENDA TITLE: 10Gage" Natural PREVIOUS ACTION: ~7-uly 27th 11 PREPARED BY: Duane Roberts DEPT HEAD OK CITY ADMIN OK REQUESTED BY: _Ed Murphy ISSUE BEFORE THE COUNCIL THE CITY COUNCIL CONSIDERED THIS ITEM ON JULY 27TH, AND ADOPTED A RESOLUTION TO PROCEED BASED ON INFORMATION THAT SUGGESTED THAT PROPERTY OWNERS WHO OWN MORE THAN 50% OF THE PROPERTY (TAX LOTS) HAD SIGNED AN INITIATION PETITION. SINCE, IN FACT, THE PERCENTAGE TURNS OUT TO BE LESS THAN 50%, THE ISSUE IS BEING BROUGHT BACK TO THE CITY COUNCIL. CHANGES TO THE RESOLUTION PASSED ON JULY 27TH ARE ATTACHED, WITH THE CHANGES UNDERLINED. To adopt a resolution directing staff to prepare a Preliminary Engineer's Report regarding the feasibility of providing a nature preserve and adjacent half street and sidewalk improvements through a Local Improvement District (LID). STAFF RECOMMENDATION To authorize the preparation of the report, based on the project description, method of assessment, and suggested boundary described herein BY ADOPTING THE ATTACHED RESOLUTION. a=a=a==aaaa=a==a=a=ac=a. --===aa==a==a========a====c==a===aa=aa==aa=aaaaaa== INFORMATION SUMMARY SEE ATTACHED MEMO TO COUNCIL DATED JULY 29, 1993, WHICH WAS INCLUDED WITH THE 7/29/93 COUNCIL NEWSLETTER. The City has received an LID interest petition requesting the City to investigate the feasibility of forming a local improvement district to acquire a four acre parcel as a "neighborhood nature site". The attached (SEE PACKET FROM JULY 27TH) Preliminary Evaluation Report discusses the LID process, the attributes of the site, the proposed assessment district, estimated costs, possible methodologies for benefit assessments, and the pros and cons of formation. A Preliminary Engineer's Report would provide more detailed information on the physical and financial aspects of the project. This Preliminary Engineer's Report would come back to the City Council and would include a preliminary assessment roll. At that time Council would decide whether or not to proceed with a notified public hearing on the proposed LID. =_____=====a=====________________________ ROPOSED ALTERNATIVES 1) Adopt the resolution (NEW ONE, ATTACHED. WOULD INITIATE ON THE COUNCIL'S OWN MOTION) 2) POSTPONE ANY COUNCIL ACTION UNLESS AND UNTIL THE CITY RECEIVES ENOUGH SIGNATURES ON PETITIONS TO MEET THE 50% REQUIREMENT FOR LID INITIATED BY PETITION FISCAL NOTES The cost of the Preliminary Engineer's Report is estimated to be about $1,400 for an appraisal of the property plus staff time. These costs would be assigned to the LID, and recoverable if the LID is formed. DR/lldsun CITY OF TIGARD, OREGON RESOLUTION NO. 93- A RESOLUTION DIRECTING STAFF TO HAVE PREPARED A PRELIMINARY ENGINEERING REPORT REGARDING THE FEASIBILITY OF PROVIDING A NATURE PRESERVE THROUGH THE FORMATION OF A LOCAL IMPROVEMENT DISTRICT IN THE AREA BOUNDED BY SW HALL BLVD., SW DURHAM ROAD, SW 79TH AVENUE AND SW ASHFORD STREET. WHEREAS, the City Council has received a petition stating interest in the formation of a local improvement district to provide a nature preserve. The petition was signed by 79 property owners and staff estimates approximately 169 property owners will be benefitted; therefore the owners of 47% of the proposed affected property have signed the petition; WHEREAS, a public meeting was held on June 10, 1993 at the Tigard Senior Center to explain the local improvement district process and to answer questions; WHEREAS, the area to be included within the proposed local improvement district is the area shown on "Exhibit All attached. WHEREAS, the City Council has reviewed and accepted the Preliminary Evaluation Report entitled "Gage" Natural Area LID Preliminary Evaluation Report on July 27th. which was submitted by the Community Development Director and which recommend, approval, subject to svdd tiona l signatures being submitted: and RESOLUTION NO. 93- Page 1 NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council that: a. The scope of the work; b. Financial information; C. The proposed district boundaries; d. Estimated costs. Section ffib, The total cost of the preparation of the Preliminary Engineering Report shall be paid by the City of Tigard. Should the improvement district be established the cost will be assessed to the district. PASSED: This day of , 1993. Mayor - City of Tigard ATTEST: City Recorder - City of Tigard RESOLUTION NO. 93- Page 2 section rR The staff is hereby directed to have prepared a Preliminary Engineering Report, and the Council intends that the report consider the following: EXHIBIT "A" Proposed LID Boundary JULY 13. 1993 DURHAM RD. MEMORANDUM CITY OF TIGARD, OREGON TO: Mayor Edwards and members of the City Counci FROM: Ed Murphy, Director of Community Developmen DATE: July 29, 1993 SUBJECT: Gage property Local Improvement District This memo is to advise you of a technical concern about the proposed LID for the Gage property. In the staff report in your packet, staff reported that owners of slightly less than 50% of the tax lots within the proposed LID boundary had signed a petition in favor of moving forward to the next step. This percentage included subtracting out those lots in the area around Churchill Drive who petitioned against the LID. We also said in the staff report that we would recommend proceeding with the LID to the next step, subject to receiving additional signatures that would move the percentage up to at least 50%. We advised Mrs. Gage and other supporters of the LID that they would have to bring in more signatures prior to the Council meeting of July 27th. As you will recall, Mrs. Gage brought in a petition Tuesday night at the Council meeting signed by six property owners. Based on that, I told. the Council that we had received signatures on petitions which would represent just over 50% of the tax lots within the proposed LID-counting the six that had just been submitted. That would have been the case, had all six signatures represented additional tax lots. As it turns out, upon checking the next day, all six of the signatures represented tax lots that had already been counted, or which are outside of the proposed LID Boundary. Meanwhile, two additional property owners expressed to staff at the meeting their support for moving forward. WHERE DOES THAT LEAVE US? As of the Council meeting on Tuesday, July 27th, Council had received indications of support of gathering more information from owners of 474; of the tax lots, not counting the six names submitted by Mrs. Gage, and counting the two tax lots whose owners indicated support at the meeting. Approximately 24$ have expressed opposition, including particularly the area around Churchill and the remaining 29$ have not yet declared either support or opposition. IS THIS IMPORTANT? In a broad sense, the petition is only a preliminary expression of interest, asking the Council to allow the staff to gather more information. So in that sense, there was at one time 58% interested, which drops to 48% at latest count. And with 24% definitely opposed. In that sense, there appears to be enough support to warrant spending more time and public funds on this LID. In a technical sense, however, the LID ordinance requires that property owners interested in proceeding hold more than 50% of the property estimated to be benefitted before the Council proceed to the preliminary engineer's report stage. I would interpret this to mean that owners of 50% of the tax lots in the preliminarily proposed boundary have expressed interest. As mentioned previously, the actual percentage is 47%. CAN THIS TECHNICAL FLAW BE CORRECTED? Yes, by two different methods. The Council could pass a new resolution initiating the LID itself. Or the City can ask the supporters to submit more signatures to get to at least the 50% mark. (The problem I see with the second choice is that the ownership within the neighborhood keeps changing, and individuals change their minds. And this petition gathering process has been going on for a couple years, and is a now a source of conflict within the neighborhood). Recommendation: Council should adopt a new Resolution on Aug 10th correcting the technical deficiency, and allowing the process to continue. This way, the technical flaw is corrected, the City can proceed to gather more information. Ultimately, subject to Council wishes, the neighborhood will have a public hearing on the subject, and the issue will be settled. If you have any questions, please do not hesitate to call me. August 4, 1993 Jerry Edwards, Mayor City of Tigard 13125 S.W. Hall Blvd. Tigard, OR 97223 PY ( R 1 , ' AUG 0 5 1993 RE: Gage Property Situation Dear Mayor: I am ;writing to express the feelings of our household regarding the proposed greenway at the end of Bond and Churchill Streets. My husband and I purchased our home in December, 1992 and were unaware of the Gage property problem wherein they keep trying to get the City of Tigard to purchase their property. We do not want to pay the City of Tigard for this property when we feel it is a bad idea to make it into a greenway. j Since the property is at the end of our street, we will gain no advantage if this area is made into a greenway. Matter of fact, we feel it would be a disadvantage to us to have this area developed with walkways. It would definitely bring more foot traffic down our street from Tigard High School students. As it is now, we are constantly picking up trash left behind and disappointed by the people who pick the flowers in our yard. We feel that if the City of Tigard wants to develop the subject property, the homeowners whose property backs up to it should be the ones paying for its development. They are the ones that now now have the open space and are enjoying it. I hope you will take into account our negative feelings when you vote on this subject. We will be very disappointed if the City of Tigard votes to purchase the property from the Gage sisters. Sincerely, 1 Barbara Gonzale 7915 SW Bond Street Tigard, Oregon 97224 Mary Phyllis Baumer 7978 S.W. Churchill Way Tigard, OR 97224 August 3, 1993 Mr. Jerry Edwards 13125 S.W. Hall Blvd. Tigard, OR 97223 Dear Mr. Edwards, ' p P off AUG 0 3 1993 L . ~uLi When the person first came around with the petition regarding the Gage property, we were very careful to find out if signing this petition indicated assent or approval on our part, as to taking part in acquiring the Gage property. If it had truly meant that, none of us would have signed. The petition assured us that it meant only that we would be given information. When a meeting was announced, only three of us received a notice. Imagine our chagrin when we went to the meeting, to be shown a chart that indicated by colored-in spaces that we supported the petition to acquire the Gage property. This was not suppose to be the case. When we remonstrated this, only the Baumers and the Kaasas were removed from the chart. Therefore, as a result of this misunderstanding, I asked both Mr. Murphy and the other person who showed slides at the last meeting if we, on Churchill Way, 80th between Churchill Way and Bond Street, and Bond Street between 79th and 80th could secede. These gentlemen told me that if I got 100 percent of the people in our neighborhood that this could happen, just as the Ashford Oaks section had done previously. Mr. Murphy also was very adamant that there was a deadline of July lst for any petition and that nothing would be accepted after that. I fulfilled these requirements totally. I did ask if more signatures would be required, but was told that since it involved just this neighborhood that only those would be necessary. Why, then, were six more signatures accepted for Miss Gage at the council meeting? These should be invalid. We are at a great loss to understand how Mr. Murphy can arbitrarily make the decisions to include our neighborhood in the boundaries for the Gage property. Our request for not being included in the acquisition of the Gage property, and fulfillment of the petition criteria are the same as Ashford Oaks, so why are we forced to remain while they are out? We understood that our being in or out should be up to the City Council. We also feel very much "had" by being cuckolded into signing a petition under false pretenses. At the meeting before the City Council meeting, Mr. Murphy "just happened" to find Mike Najewicz's letter. That letter had been in his hands since 11:00 a.m. the preceding day when Mike faxed it so that the City Council members would have time to read it before the meeting. Mr. Murphy also said that he didn't know if the property was for sale - this was amply discussed at the first meeting and he knew the answer. He also knew why the Churhill, Bond, 80th Ave. area opted out, because I had discussed this with him at great length prior to the meeting our neighborhood would receive no benefits from that property. Some of us are elderly and retired, some young people just scratching by. One young man cried when I took the petition around. He would have to sell and move. None of us would let our children go into the park area. With the convenience store so close by on Hall Blvd., High School kids already frequent the area. One family moved because a stalker used the proposed park property as an access to their house. Mr. Murphy has a list of the crimes'in this area - broken into cars, burglaries, etc. We are categorically opposed to being taxed for the buying and upkeep of this park area. Please continue to work to end this project. It is not wanted, not needed, and not proper. Sincerely, Mrs. Mary Phyllis Baumer --7fl4 4ey-Z~6 Responses to content of Staff Report 'GAGE" NATURAL AREA LID Preliminary evaluation report July 27, 1993 P-24Fs- - 2nd paragraph - "reviewed by Council some three years ago but no action was taken" Recommendation/suggestion was that a petition again be considered after property owners on Titan properties were on the premises to be considered for involvement in the LID. In this three year interim, at least two presentations were made for the LID before the Park Board. They were supportive but not activist. In the meantime, the Park Board has been disbanded. SAP 2 - Signed petitions in favor of further analysis (submitted 5/93) - actually submitted April 16th to Pat Reilly - Signed Petitions against being included in LID (Submitted 5/93) actually submitted June 11, 1990 by Sue Seibold PAGE 5 -appreciate delineation of "permitted uses" in the R-12 district - - when I have stated these, opponents accuse me of TREATS P 3 - (after page 5) - - reference to third petition accepted about 2 weeks after the Informational Meeting Acknowledgment of petition violates "Table I " process which spells out: "Intiation" - completed "Feasibility" - today's agenda - Council decision "Formation" - (next step) -Citizens have opportunity to remonstrate Changing of rules and procedures does NOT enhance credibility of staff or demonstrate a TRUST relationship among community members whom the City is charged to serve a - 2 - RESPONSES TO CONTENTS OF STAFF REPORT July 27, 1993 P-/!GK-7 - re street connection - existing development precluded alignment - - dereliction of decision on behalf of Planning Dept. - at time of these developments, culdesacs were FASHIONABLE - buyers were looking for such locations to avoid traffic flow and congestion - Waymire's 81st Court could have left a lot for road - Titan properties could have left a lot for road - Consensus of attendees at Informational Meeting - overwhelming support not to open street - Extending the street would destroy the neighborhood and the charisma of the proposed natural area rAQF 7 - Comprehensive plan - last Tigard inventory done in 1979 - - Tigard presently in violation of State Goal 5 - updating of open space, scenic and historic areas and natural resources - would evolve into current inventory - because of inventory not being current, last year a map and letter from Wetlands Conservancy was submitted for recording the property as a forested wetland - Paragraph 2 - reference to "recent SRI evaluation determined that the wetland portion of the subject site has a high value for wildlife. This assessment can be applied to the site as a whole because similar conditions exist." We supporters urge adoption of the Staff report for the City Council to proceed with the preliminary engineer's report and an appraisal of the subject property. . mil /99-3 re- U~ So3- 6 Zp- \OG S y 3 8Sc,~ U (Pay/-~oL13 ATTENTION: CITY OF TIGARD July 29, 1993 PETITION TO EXCLUDE THE HOMES LISTED BELOW FROM C1.C4!j 6AAc;L ~d ANY INVOLVEMENT IN PURCHASING THE GAGE PROPERTY. zwz ~ The homeowners that have signed below, are requesting that the City of Tigard exclude our homes from any involvement in the funding for possible purchase or development of the Gage property. We do not want our tax money spent on it's purchase or development or finance costs associated with it's study or acquisiton. 2.\\ 3. nab 5 . ~Q 6 ud~ 7. 10 11. C', A L 12. 13. 14. 15 1 _ 1 18 . - NAME (Printed/Leaal gicrnat-.nrP) AnnRFCc M~5. 91D143 COUNCIL MEETING NOTICE "GAGE" NATURAL AREA LID On July 27th City Council authorized a Preliminary Engineer's Report to further. study a proposal to form a local improvement neighborhood. If foam d IIthis district CITY OF T I G A D would provide funding for the acquisition and preservation of a four OREGON acre natural area site located between Bond and Ashford Streets. City Council authorization was based on indications of support for gathering more information from the owners of 50% of the tax lots within the proposed district. A verification of names on a petition submitted at the City Council meeting indicates that the number of owners expressing interest in getting more information is, in fact, less than 50%. Given this circumstance, City Council is scheduled to reconsider its authorization for the Preliminary Engineer's Report at its regular 7:30 PM meeting on August 10th. Staff recommends that Council re-approve proceeding to the Preliminary Engineer's Report by initiating the formation of the district and authorizing the preparation of the Preliminary Engineer's Report on its own motion. Although the LID discussion presently is set for August 10th, Councillor Schwartz, because he will be unable to attend the August 10th meeting, has asked that this discussion be re-scheduled to August 24th. Therefore, the LID discussion may or may not take place on the 10th as scheduled. If Council does decide to postpone the discussion as requested, the new date will be listed in the meeting notice section of the Tigard Times. The format of the August 10th or a later City Council discussion will be the same as for the July 27th discussion. This is not a public hearing and no time is set aside for formal public testimony. However, you may wish to be present to hear the points raised. A public hearing is provided for later in the LID process, if City Council decides to consider establishing an improvement district. Copies of the most recent staff report are available at no charge at City Hall, 13125 SW Hall Boulevard. Examination copies are available at the Tigard Public Library. If you have questions or need additional information, please contact Duane Roberts, Ed Murphy, or Nels Michaelson at 639-4171. C pll/notioe.DR August 5.19W M E M O R A N D U M TIGARD POLICE DEPARTMENT TO: Honorable Mayor and City Council FROM: Ronald D. Goodpaster11~p Chief of Police DATE: August 9, 1993 SUBJECT: The Proposed Gage LID I have received a copy of incidents of breaking of laws in the last 8 years in the neighborhood of Gage property that was distributed to the Council on 7-29-93. I have contacted the author of that, Mr. Duke Kaasa, and discussed these incidents with him to obtain more information so that I could research them in relation to the Gage property. Item number 1 referenced an attempted rape of an 11-year old girl. This was an attempted kidnap of a 13-year old female on 79th near Durham that occurred March 1, 1991. The second topic was an exposure on Bond Street. This occurred in the 8000 block of SW Bond on March 24, 1993, and an arrest was made in the case. The third item was five or more cars that had been broken into. In checking the files, using the boundary of the proposed LID, I found that there were approximately 7 vehicles that had been broken into in the area. The fourth item referred to 3 homes that had been broken into and merchandise stolen. In talking with Mr. Kaasa, these occurred in the general 76th and Bond area. One occurred approximately 5 to 6 years ago; one occurred approximately 3 to 4 years ago; and one occurred more recently. The fifth item listed was a reference to marijuana and drug use in the 4 acres of the Gage property. In talking with Mr. Kaasa, the primary concern regarding drug use was identified to a house that was not adjacent to the Gage property and approximately two blocks away. After reviewing the criminal reports and non-criminal reports for calls for service in the proposed Gage LID boundary area, I could find no reported incidents of suspected narcotic activity in the Gage property. The seventh item listed referred to the police being called many times to disturbances at two homes, one on Bond and one on Churchill Way. The police records show that we have residents on those two streets that had domestic problems and also a juvenile ~2 problem. The ninth item referenced a stolen vehicle and also in talking with oned in the 10 item car Mr. Kaasa was ed.saThisswasnalvehicle that was stol n, f om the recovered stripp 7900 block of Bond. In talking with Mr. Kaasa and after reviewing bthe etweenothem incidents, I was not able to determine any connection and the Gage property. Mr. Kaasa stated there was a person that was "stalking" a resident ` that used the Gage property to conceal his movements. He also referred to high school students using narcotics in the property. I checked our files and an unable to locate reports on these incidents. I tried to contact the victim of the "stalking" incidents (who now lives out of state) unsuccessfully. C REPORTED CRIMINAL ACTIVITY IN THE PROPOSED LID BOUNDARY AREA 89-1915 7916 SW BOND 89-2426 7962 SW CHURCHILL WAY 89-3408 7963 SW BOND 90-0994 8050 SW BOND 90-1703 15729 SW 82ND 90-2054 15745 SW 82ND 90-3622 SW 82ND & BONAVENTURE 90-4226 15769 SW 82ND 90-4230 8400 BLOCK & BONAVENTURE 90-4236 8400 BLOCK & BONAVENTURE 91-0344 15752 SW 82ND 91-020 7895 SW BOND 91-1234 7915 SW BOND 91-1974 8070 SW CHURCHILL CT 91-2084 7929 SW CHURCHILL 91-2218 7895 SW BOND 92-1341 8398 SW BONAVENTURE 92-1441 7931 SW BOND 92-2200 8090 SW BOND 92-2274 8020 SW CHURCHILL 92-3640 79TH & CHURCHILL 92-5159 8020 SW CHURCHILL CT 92-6193 15889 SW 81ST CT 93-3007 8045 SW CHURCHILL CT 05-08-89 06-15-89 08-23-89 03-09-90 04-26-90 05-19-90 08-27-90 10-04-90 10-04-90 10-05-90 01-23-91 03-03-91 03-18-91 05-04-91 05-12-91 05-20-91 03-08-92 03-14-92 04-21-92 04-26-92 07-08-92 10-08-92 12-06-92 06-27-93 THEFT F/MOTOR VEHICLE TEL. HARASSMENT HARASSMENT THEFT OF MV PARTS THEFT-OTHER PLATES-FAIL TO DISPLAY THEFT-OTHER JUVENILE PROBLEM SOLICITORS CRIM. MIS.-OTHER CODE VIOLATION TELEPHONE HARASS CRIM. MIS.-OTHER THEFT F/MOTOR VEHICLE THEFT F/MOTOR VEHICLE TELEPHONE HARASSMENT CRIM. MIS.-OTHER MIP/PARTY FOUND PROPERTY DOMESTIC PROBLEM NON-INJURY ACCIDENT CUSTODY PROTECTIVE CRIM. MIS.-RESIDENCE THEFT F/MOTOR VEHICLE 'Information is from 1-1-89 to 7-7-93. I did not find any relationship between the reported criminal activity and the Gage property. 12/12/91 04/10/92 11/20/92 06/07/92 04/07/93 07/30/93 06/05/93 06/06/93 08/20/92 11/22/92 12/10/92 05/10/93 03/13/92 01/02/92 07/17/92 08/24/92 05/12/93 REPORTED NON-CRIMINAL CALLS FOR SERVICE IN THE PROPOSED LID BOUNDARY AREA 15954 81ST 8363 LANGTREE 8300 BLACK LANGTREE 8389 ASHFORD 8384 ASHFORD 8048 ASHFORD 7900 BLOCK CHURCHILL 7946 CHURCHILL 15770 80TH 8464 BONAVENTURE 8310 BONAVENTURE 8332 BONAVENTURE 7931 BOND 7947 BOND 7900 BLOCK BOND 8000 BOND 7964 BOND SUSPICION ASSISTANCE RENDERED JUVENILES BUILDING CHECK SUSPICION FALSE ALARM MINOR ACCIDENT NOISE/PARTY LAWN DISCOLORATION ASSISTANCE FALSE ALARM JUVENILES IN TREE NOISE CHECK BUILDING SUSPICIOUS CIRCUMSTANCES SUSPICIOUS CIRCUMSTANCES SUSPICIOUS PERSONS Information is from November 1991 to date. I did not find any relationship between these calls for service and the Gage property. of/rdggage.2 t Mayor Jerry Edwards City of Tigard 13125 SW Hall Blvd Tigard, OR 97223 CSR 1-7w;tl t4P L. AUB 0 9 1998 LU v L 'i 'L:i J L5 August 8, 1993 Re: Gage Property LID Dear Mayor Edwards, This letter is written in support of formation of a Land Improvement District in reference to the Gage property located in the area of Ashford Oaks in Tigard, Oregon. As residents of the area, with our home immediately abutting the Gage property, both my wife and I are in favor of formation of the LID in an attempt to maintain the Gage property in its present "natural" state. At the informational meeting held to discuss the procedure of forming an LID, most of the opponents of this project were vocalizing opposition based on concern that making this area a natural park would significantly increase the traffic pattern and increase crime in the area. I have no idea what they base their concerns on, as the area would not change significantly from its current state and over the last two years living adjacent to this property I have seen no crime and little human activity occurring in this small area. I feel the opponents to the project have brought up these emotion-evoking concerns to try to defeat this project. I would say that developing this site with multi-family dwellings would do much more to increase traffic and crime; so these individuals should actually be supporting the LID. As we see more and more areas with natural vegetation and animals being cleared for housing developments, we are loosing the "country" atmosphere that makes Tigard such a great place to live. The Gage property is a natural, beautiful little area that adds some distinction to our neighborhood and the loss of this area would certainly be felt by all. A natural park would serve to maintain the atmosphere that we currently enjoy. We are committed to the formation of the LID and understand that there is a financial commitment that would be incurred should it come to fruition. We would gladly welcome this obligation as we feel it was preserving the "refuge" from the big city housing tracts. We hope you will carefully consider the value this natural park will in terms of the livability of the City of Tigard. 6T44c- &aa .1i c/Y1- &a&xdY-., Steven W. Beadnell Dennel M. Beadnell 8102 SW Ashford St. Tigard, OR 97224 (503)639-6213 c: ~ &-f UQ August 8, 1993 Mayor Edwards City Hall Tigard, Oregon 97223 Dear Mayor Edwards: AU 110 1993 v Please consider this my formal request that City Council adopt a resolution directing staff to prepare a Preliminary Engineer's Report regarding the feasibility of providing a nature preserve and adjacent half street and sidewalk improvements through a Local Improvement District for the Gage property. This natural area was the single-most important factor in my determining to purchase the home and property adjacent to the Gage property. Its preservation is of utmost importance to me. Thank you for your consideration. Sincerely, / Z- LC ~(.LV10 Riki Tokuno 8040 S.W. Churchill Court Tigard, Oregon 97224 cc: Judy Fessler, Wendi Hawley, Paul Hunt, Jerry Schwartz ~y The Mayor & Members of the City Council City Hall Tigard, Oregon 97223 David W. Pearson 8018 SW Ashford St. Tigard, Oregon 97224 August 9, 1993 ;O( pm, AUG 1 0 1993 I am writing to urge you to move forward with the Preliminary Engineer's Report for the "Gage Woods" LID. It is my belief that the neighborhood has followed the appropriate proceedure to date and that the report should be prepared. As you know, the LID proposal has proven controversial. My understanding is that in recent weeks, heavy personal lobbying has caused a number of people who originally supported the LID to change their position. Clearly, we can chase the issue back and forth as long as anyone has the energy to continue twisting arms. My point is that it would be best for the community to complete the Preliminary Engineers Report which was called for by a majority of property owners in the area. This report would give us all a factual basis for evaluating the proposal. As things stand, there is considerable confusion regarding the precise nature of the proposal and its costs. This confusion provides ample opportunities for mis-information and shifting opinion in the community. To some of us, the process looks like the proverbial shifting bar in the high jump. We believe that we presented a majority petition to the council.and that on that basis, the process should move to the next step. Now, we find that the process seems stalled because some have been persuaded to change position. I believe that there is ample room in the process for objections to be raised. We should be allowed to move on to that stage. Please consider this issue carefully. I believe that we have an opportunity to materially enhance the quality of life in our community. We are asking you to give us the chance to make a clear case to our neighbors. The Preliminary Engineer's Report will help us to achieve that. Thank you for your consideration. .1 ~'S C , Cau..,~ Ar 8 August 1993 O - AU1 1 0 1993 Mayor Jerry Edwards Vi:,, jJ ,,c City Hall Tigard, OR 97223 Subject: Engineer's Report on Gage Open Space Dear Mayor Edwards: We are writing to express our strong support for these actions: * A preliminary engineer's report be completed on the four acre Gage parcel * A public hearing be conducted on the proposed LID (Local Improvement District) Due to the rule that public testimony was not allowed during the 27 July City Council meeting, we are writing to express our views. We are the original owners of 8060 SW Churchill Ct. and our property directly abuts the Gage parcel. We have supported the "neighborhood nature site" concept since its origin several years ago. The reasons we support the concept include: * It's our best chance to keep a road from being constructed through the Gage property (thus making Bond a through street with consequent traffic problems) * It creates a beautiful walking site that increases the living quality of our neighborhood. * It avoids alternative high density housing like apartments with an increased likelihood of crime and traffic problems. * It preserves wetland, trees, plants and birdlife in an increasinly congested, urbanized city. We understand and appreciate the Council's sensitivity to levying a tax on taxpayers who do not support the LID. However we are greatly distressed to see that the Council is considering stopping the public hearing process simply because a few vocal opponents are putting pressure on the Council. It is appearing to us that signatures on the opposition petition (withdrawing names originally signed on to the expression-of-interest petition) may not at all reflect a true opposition to the LID. In the past week or so we ourselves went to five homes that signed the opposition petition simply to ask them what they were told about the LID formation. Some reported that they were told the LID would cost up to $1,800 per year (not that sum over 10 years); that if they didn't sign the opposition petition that there was no way to stop the LID from forming; that the LID was inviting a hotbed of drug crime into our neighborhood; or that the -t~ Gages were "unloading" this property because they couldn't sell it to a developer. The first two reasons are simply false, the middle is an opinion without any basis in fact (contradicted by Tualatin's experience with their Natural Park), and the last makes wild and nasty assumptions about the Gages' motivations. None realized that the park might be the only way to stop the city from building a road through the Gage property or keeping an apartment complex from being built. Of course we understand that there may be valid reasons to oppose formation of an LID. But how can such opposition be formed before anyone even knows the parameters or cost of the project? The Engineering Report will give us these parameters and costs. In short, people are simply not getting the facts about the process or the substance of the park issue. Many people feel like only half truths have been told them to date. It appears that almost everyone on both sides of the issue is in favor of an open public hearing so that just the facts about the LID can be presented. Dorothy Gage has offered to pay the $1,400 for the Engineering Report, so the City has no financial reason to hold up the Report. The citizens of our neighborhood are owed the facts about the LID, presented in an unbiased way by the city, before an accurate assessment of support or opposition can be determined. People are so frustrated with the uncertainty and rumors swirling arouund this project that they just throw up their hands at the idea of yet another petition. We urge you and the Council to establish a time and place for an open public hearing on this matter to allow our neighborhood to clear the air and exchange facts in a civil way. Thank you for your careful consideration of this matter. i cc: J. Fessler W. Hawley P. Hunt J. Schwartz E. Murphy Sincerely, Thomas enny Love 804-o 60 Chu.rak U C+ -r; ®IE 112.2y 4- August 8,1993 Mayor Jerry Edwards 13125 SW Hall Blvd Tigard, Or 97223 PT fla AU G 0 9 1993 Dear Mayor Edwards and City Council members: We support the Tigard City Council to designate an L.I.D. on the Gage property and conduct an engineering report to determine the feasability of this project. It is vital that the future of this property be determined by a public hearing. Sincerely, CcCU~c..C J~ ~~2 4060 David R. Derhalli Laurie B. Derhalli 8086 SW Ashford St. Tigard, OR 97224-7390 08/10/93 13734 a 303 823 3161 po*n- brand talc transmute! memo 101 Fv" ° f8t p Fall R C-11 1% ' Honorable Jerry Edwards and City Councilors Mayor, City of Tigard City Hall Tigard, Oregon 97223 Dear ?layor Edwards : ° R®h La- r. Dorothy Gage P.O. Box 19495 Portland, Oregon 57260 August 10, 1993 P.01 It has come to my attention that some property owners who surround the property being considered for a greenspace natural area, Looal Improvement District (LID), have been receiving threatening, harassing 'phone calls. These have included personal threats, obsoene remarks and intimidating statements. I have suggested to these parties that they contact the Tigard Police department and report these incidents. I have also contacted the Tigard Police regarding the above and they confirmed this aotion. Three to date have been called to my attention. As a result of these experiences, property owners, supportive of the LID preservation of the property, are terrified at the prospect of oiroulating more petitions among their neighbors. It was suggested that we continue to oolleot signatures on behalf of the LID but this turn of events has impeded these efforts. What actions can be taken to put a stop to this insidious practice? It creates an environment which negates the pursuit of data which as the caller or callers intend causes interested parties as well as City Staff to invoke caution at the expense of logic and reason. Your attention to this assault on and perversion of the democratic process is requested. C DG/s co: Chief Ron Goodpaster Sincerely Dorothy Gage Family Representative AUG 0 9 1993 ji - - / Lr Gam. pe, t 7~1 ~l rtc I LE- CL l L' -L►-~ L.L-'L~ LL~-Ct C~ ~Y 2~ August 2, 1993 Mr. Jerry Edwards 13125 S.W. Hall Blvd. Tigard, OR 97223 Dear Mr. Edwards, We were told that by having a petition with 100% of the needed signatures that our Bond One neighborhood that includes Churchill Way between 80th and 79th, Bond St. between 80th and 79th, and 80th between Bond and Churchill Way could be excluded from participating in the acquisition of the Gage property. Our neighborhood is categorically opposed to being included and taxed for this property. We have elderly and retired people, and young people just scratching by. We will not allow our children to go into that area. Our neighborhood has already experienced crimes that we feel will be increased with the development of this property into a park. The undersigned request the City Council exclude the undersigned from the Local Improvement District and to stop its formation. C ZILA = 61J, C 6Z ~ `,J{..fir-..LZJ j JV August 2, 1993 l., Mr. Jerry Edwards 13125 S.W. Hall Blvd. Tigard, OR 97223 Dear Mr. Edwards, J"t t t( ' J 1)-- We were told that by having a petition with 100% of the needed signatures that our Bond One neighborhood that includes Churchill Way between 80th and-79th, Bond St. between 80th and 79th, and 80th between Bond and Churchill Way could be excluded from participating in the acquisition of the Gage property. Our neighborhood is categorically opposed to being included and taxed for this property. We have elderly and retired people, and young people just scratching by. We will not allow our children to go into that area. Our neighborhood has already experienced crimes that we feel will be increased with the development of this property into a park. The undersigned request the City Council exclude the undersigned from the Local Improvement District and to stop its formation. Crr Dave & Sue Seibold 15374 SW Thurston Lane Tigard, Oregon 97224 Dear City Council Members: Aug. 8, 1993 We want the city council to be aware of our frustrations over the last 3 years in opposing the Gage Park property purchase. We feel angry so much of our time and energy has had to go into this matter, and now it continues to be an issue. For 3 years, petitions have been circulating for people to sign to "look into" forming an LID, with the assurance that signing the petition won't cost anything. While, through our petition efforts, our property is not in the proposed boundary anymore, the city proposes spending tax dollars to study the Gage Park proposal. These are our tax dollars too, therefore we are loudly objecting to this proposal. We feel as though the Gage sisters have harassed our neighborhood with constant badgering to purchase their property. We do NOT believe this is what was intended when the LID portion of the city laws was formed. Why in the world would we want to purchase someone elses back yard 8 blocks from us? We are furious that private individuals can attempt to make neighbors purchase a piece of property, in the name of "park" or "green space", or whatever they choose to call it. In dealing with the city planners over the last 3 years, we are convinced that they very much want the property, and would welcome the taxpayers to purchase it. We are again submitting our petition, showing Thurston Lane's opposition, to remind the Mayor and City Council we do NOT want any of our taxpayers money used to purchase, or study the purchase of this property. Even though this is just the Thurston Lane petition, we are aware of many other neighbors, closer to the Gage property, that are also very much opposed to this LID. Thank You, Dave & Sue Seibold Bill & Linda Andrews 1&0 %1 If, 4- /C7 V.. ai ~S~GO ' co W I• (O _ m 15220 ~ 1521Z:c < 15Zoo ; 96235' ice-- . j M1 4n (•i .n r rn . 1I C%& 1.0 M , s ua in T+ •n - - OR. LANE ip S.W fNTON r^ 1 1 15187 95314 95303 9531? Z r t - N c to m to ~ 15301. 9~ .n g4. n 15323 45=36 45325 W_ t`i - `JGE'. .r0► O On on ~1 ~3p1 - - - - = 1 C31 , Illy 1 N i l 15347 15358 45347 9535$ t- Si S eq an q ' into "M-' A%I- 15369 ! , 15310 15369 p 15376 5 15381 :5392 15381 Z 15390 .n d 5436 !tl i _ s 154('19 a' Y 15414 4n t i i m • t,2~ m $ 15458 15403 15414 15405 8436 L~ ' m ar N Q of ~h Pn M t c :8007 .i co a co CO 15474 1542.5 45438 15427 15449 ST. f ~ m - - 15a4o ca v co to 15461 15484 155443 15474 m m y - so CO S.W... on 40 0b 431 m m to 15483 05 14549 154 _ - ~ oso . v -to v ,f 824 _ ASHFORD' - ca e a m sr 3N CO 'O a FO C's ' tG O •D . N .t' .w e O N m t ti dt O • 7 its en N s _ = M _ OJ O O~ p .i55e.0 'n tv m .a o• .n 4:: 7 co . ao m 4 ~y r ~t f > 0. H g ~M; on I „ tom. o ~J Zoo m v c -4 `r N in 1 1' • im .c'N o t: n9-r m ~wi m~ m m m ~o to w m a m m m co N ~ c,• rc8s ` S i{,•- LANGTREE ~-b075 u 607 C rL^ .O N t? O N t~1 N 'P- •959.49. 80~ V 80 .o a 110 .•~i c°aa c 15624 x060 Z i co m ct m co m m m m m m °D•a . ~ - 15632 - 0050 t• 8055 r tt+ ~L 156:9 Pt to '3°' _ . 15644 ' 8040 8045 d. Cf .1 .g h • 6 1„o5T 1a68t •o 15662 8035 • • 15656 156650 c 030 E P 15676 139 IS j L. 5b I: c; 9 to m C_ 1 - 15sS9 I °o2d) 40J0~ gn r-- io -T cw e:. qua SA DONAVENTURE LN. 15714 solo w Q co es1 4_1 • g x15729 5730 5735 y C3€t~ G~Ei1L'L~ p i ~ co to 1 w m 15#459 1*5752 5765 Q IS710 aQ m N 4i OQ U`7' t m c• >n 95.61 N 5770 5795 Q 15800 n ti l5tt.u * -t69 Sw PA L.N. .n tl t5825 15830 t58 N 0 O O 15655 a to N s 15:; 0 ' co N m m 15860 a c) o+ r- 4m 40 4" C%j r- C- 8256 ii 1 15845 0 o w 60 .O O p ~m o w 1 to N O f~ N g O an N CD 0 1 8363 15367 U min co co m m m m i- 15889 I 15910 - D y 15905 m m 15935 m 0355 35321 t9 I _ 15932 3 I 15943_ S.w DURHAM in n~ i 2 j N PETITION TO EXCLUDE THE BELOW LISTED HOMES FROM ANY FUTURE INVOLVEMENT OF PURCHASING THE GAGE PROPERTY. There are 29 homes from the beginning of Thurston Lane off S.W. 79th, all of Thurston Lane to Ashford Street, that portion of Ashford Street from where Thurston Lane dead ends into Ashford Street, East on Ashford Street to S.W. 79th, and back to the beginning point of Thurston Lane. Those home owners that have signed below, are requesting the City of Tigard to exclude our homes from any future involvement of any kind in the possible purchase, or development of the Gage property. We have no interest in this property, and do not want any of our tax money spent on its purchase or development. This is the 3rd try in the last year and half by Dorothy Gage to sneak the sale of her property by the area home owners and we are tired of having to. defend our rights as tax payers. It is for this reason we want our area excluded from all future plans that she may have. NAME 1 -~1 2. ct~• R ~r ~ ~ ME-I 5 • ask , 6 . ~ o y 7 . l . 8' 9. 11. i,,~ 12- . 11 3 z 14. 5. 16. 17. 18. 19. 20. 21. 22. 23 . 24 . 25. 26. 27. 28. 2 ADDRESS ma~yy.. t' n r~ i.7 'c r ! / OZ °,'a 'c.2. /-Z -7 tic 21 < 67 7912, 'S'ej, 'pay s~2zy c~ r 9. /J T- 4 1 G: dw~ ~.X L 8/4/93 Mr. Jerry Edwards 13125 SW Hall Blvd. Tigard, Oregon 97223 P. F AUG 0 9 1993 •ui_jUl1tJ This letter is in opposition to the Gage property and in objection to the course of events leading to this LID. My objections are: I feel it is unequivocally wrong that the appraisal fee for the Gage's selling of their property is being paid for by tax money. The City of Tigard did not pay for my appraisal fee. I feel this was a poor economic decision by counsel members. I also feel it was wrong to change the boundaries after the petitions were in. This served only to sway the percent of yes votes and was not in the interest of fairly assessing the situation. Clearly the original outline contains houses affected by the LID, which are now conveniently excluded from the planning process. While some of us wanted to know more about the LID, I did not want it to authorize a $2000.00 appraisal and who knows what else. I question your calculations on the 50% rule. It would seem to be a more representative assessment if you uding'houses othat did not vote from the totallor yes 's and nos for the otal(xc counting them as "no answer vote."). I object to the Gage property as a natural area: This area designated as park would be accessible to all Tigard residents and there is no where to park except on the streets. I do not like the idea of non neighborhood residents parking on the streets for safety and congestion reasons. There are many small children in this neighborhood whose safety would be compromised. The natural area(Gage Property) is so close to the high school and secluded enough that patrolling the area and providing supervision would be impossible. This would create an ideal area for teens to loiter and create an environment unsuitable for neighborhood residents and younger children. /~7 And finally this proposal would impact us financially in two ways. Obviously the first is increased property tax. Secondly, I feel our property values would suffer IqW and make selling our homes difficult if the park becomes reputed to be a haven for unsavory activity as well as a possible safety liability to the neighborhood. I can understand the Gage's wanting to sell their property and the homeowners wanting to preserve the woods behind their lots; but lets not bring the surrounding neighborhoods into the sales arrangement. e ainly their are better solutions. K i r A. Markovitz COUNCIL AGENDA ITEM 46 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF: August 10, 1993 DATE SUBMITTED: ISSUE/AGENDA TITLE: Streets CIP Budget PREVIOUS ACTION: PREPARED BY: Randy Wooley DEPT HEAD OK _,L1kt,V CITY ADMIN OK REQUESTED BY: ISSUE BEFORE THE COUNCIL Selection of remaining projects to be funded under the Streets CIP budget for FY 1993-94. STAFF RECOMMENDATION 1. Assign the remaining $40,000 in gas tax funding to be used for pedestrian improvements in the Park/Watkins neighborhood. Direct staff to work with the neighborhood to determine the precise improvements to be made, the goal being to provide the greatest benefit to pedestrian safety with the funds available. 2. Assign the remaining $44,000 of traffic impact fee funding to the design of the 130th/Winterlake bridge connection. f INFORMATION SUMMARY At the July 13th meeting, the Council approved certain projects to be funded by the CIP (capital improvement program) budget in the current fiscal year. However, the Council deferred final decision on a portion of the Streets CIP until additional information could be provided. Attached is a memorandum providing additional information for Council consideration. PROPOSED ALTERNATIVES FISCAL NOTES rw/cip-aug MEMORANDUM CITY OF TIGARD, OREGON TO: Pat Reilly FROM: Randy Woole DATE: August 3, 1993 SUBJECT: Streets CIP `6 At the July 13th meeting, the Council deferred the final decision on project selection for the final $40,000 of gas tax funds and the final $44,000 of TIF (traffic impact fee) funds. Here is some additional information to assist in that decision, as requested. Pedestrian volumes Council has heard requests for pedestrian improvements on the walking routes to two elementary schools. The attached letter from Bud Hillman of the School District provides additional information regarding pedestrian needs at the two schools. Pathway Design On the proposed pathway projects, we have only done a very preliminary engineering review to determine a project budget. Before selecting a specific project design, I would want to do a more detailed review, including determining the location of existing right of way and a review of drainage needs. During the design process, we typically meet with residents to determine their preferences and to find out which existing landscape features (existing trees, etc.) are of especial importance to the residents. This process has worked well on recent projects such as Bull Mountain Road and the SW 96th walkway. However, because this requires a substantial time commitment, we usually do not begin the detailed process until a project has been funded. Therefore, I recommend that details of the project not be specified at this time. Precise locations of pathways, whether a roadway shoulder or detached path, whether both sides of the street or one side, would all be resolved through the design process and neighborhood coordination. Council would still have final approval in their role as Local Contact Review Board when requests are submitted for authorization to advertise for bids and for bid award. TIF Restrictions TIF is a countywide program under a County ordinance approved by the voters. The cities must comply with the restrictions of the County ordinance. Under the ordinance, TIF funds can only be used on specific projects listed in the ordinance. The funds are restricted to improvements that are part of the ultimate street section needed to provide extra capacity to accommodate ad traffic generated by area development. In aition, TIP ditfunds cannot be expended on the center 28 feet of the street, except for projects involving new streets or realignment of existing streets (the theory being that the center 28 feet are not part of extra capacity). In general, pathways do not qualify for TIP funds. The selection of specific projects for TIP funding must be a through a County approval process. In the past, this approval has been a routine matter because proposed projects have clearly met the TIP guidelines. Approval of pathway projects would be questionable, since they may not meet the requirement to provide extra capacity. Park Street and Watkins Avenue are not eligible for any TIP funding. SW 72nd Avenue pathways could eligible for TIP funding; however, it would possibly ally be diffibcultatolshow that the project meets TIP guidelines. Attachment No. 4 to my June 14 memo listed projects considered for full or partial TIP funding. A copy is attached. 130th/Winterla1-e Bridae Out of the potential TIP projects, I recommended the bridge as the current highest priority. We have been receiving numerous complaints about traffic in the area of Summerlake Park. Under the master plan for the area, 130th Avenue is to provide a rimary access route to the park and to the adjoining neighborhoods. The bridge is needed to complete this access. traffic is using local streets such as Brittany D ive toe reachgan alternate access. Without a good access to the north, additional traffic is using the south access on 128th Avenue. Residents of these streets are concerned about traffic safety from the additional through traffic in their neighborhoods. This is still a growing neighborhood with increasing traffic. Completion of improvements at Summerlake Park has also increased traffic in the area. I hear more concerns about this area than any of the other projects on the list of TIF-eligible projects. rw/cip-aug2 Tigard.-Tualatin School District 23J Larry Hibbard Administration Center 13137 S.W. Pacific Highway Tigard. Oregon 97223 Tel. (503) 620-1620 Fax (503) 684-2296 August 2, 1992 City of Tigard Randy Wooley, City Engineer P.O. Box 23397 Tigard, OR 97223 Dear Mr. Wooley: b? $04FI g,~ C/T 31993 AuC ~D y pF T1GgR0 Re: Pedestrian Improvements, Your Letter of 7/22/93 As requested the following information is provided Number of walkers out of Park Street 25 Number of walkers out of Watkins 16 Number of walkers on north end of 72nd 0 As a priority listing the most urgent to the District is Park then Watkins. The installation of sidewalks on 72nd is of a lower priority because there is no way for students to cross this busy street to get to the school. We bus all students that need to walk on 72nd north of the school. The "someday" solution for the 72nd street area would be to sidewalk both sides of 72nd and at least one side of the residential areas between Hampton and Atlanta on the east side of 72nd. Sincerely, Bud Hillman Director of Operations c: C.F.Tigard Elementary Principal Phil Lewis Elementary Principal Al Davidian n 4114clmewyz Z / •-4- ire, G//~l 3 Pro sets Eli ible for TIP and or Gas Tax P'undin ; Protects from 1988 Priorit List Burnham St. (between Hall and Main) Widen to provid e turn lanes; add sidewalk and street lights. $ 500, 000 Bonita Road (between Fanno Creek & 72nd) Wien t u v ligght rn lane; add sidewalk, street bike lanes 1, 130, 000 121st Avenue (between Walnut & Burlheights Drive) Widen to provide turn lanes and street lights ; complete sidewalks 470,000 72nd Avenue (between 99W' A & dd shoulders for pedestrian safHampton et ; re St.) improve sight distance y; re to 4 00, 000 Potential Si nal Locations Hall/Pfaffle (max, of 1/3 could be TIF) 121 st/North Dakota 120,000 Main/Burnham (max. of 1/3 120,000 could be TIF) Tiedeman/Tigard (max 110,000 , of 1/2 could be TIF) 120,000 Other Protects Previousl Considered 130th Ave: (between Scholls F Improve to minor collect Rd & Summe d r Ck , ) or standar s 550, 000 130th/Summer Creek Bridge New bridge t o connect Winterlake Dr. 6 130th. 500,000 Additional Pro'ectS Re ested in 1993 Right of way for future Gaarde Extension Acquire 2 existing homes near Walnut St. dj/CIP-Prop.RM 330, 000 t4ll'ae 1' ew -*3 SUMMERLAKE PARK NEW FACILITIES CITY OF TIGARD, OR C PRppo5ED ; ' 13RID&E [1 TeWs Court, 4, Basketball Court b 'katit Salter li Sol\~a~ Reammul NMa4rW W~b1 :mtwe 0cAT dal OF P24Po sE D 136 7lV/K11N7e ei-7 QKE 3R/O6E 1 COUNCIL AGENDA ITEM CITY OF TIGARD, OREGON '~O &&g1rf3 COUNCIL AGENDA ITEM SUMMARY AGENDA OF: A , DATE SUBMITTED: &gu¢t 4 1993 ISSUE/AGENDA TITLE: Metzger Park LTD PPREVIOOUSS ABCCTIONN: DEPT HEAD OK CITY ADMIN OK REQUESTED BY: Should the City of Tigard allow the Metzger Park LID assessment to be levied upon properties within the City? STAFF RECOMMENDATION To modify resolution, providing for continuance of levy for a defined period of time, allowing Metzger Park LID/Washington County the opportunity to seek alternative revenue sources. I_would _recommend _three _years. INFORMATION SUMMARY Attached please find correspondence from Washington County on this matter. Staff has researched files and finds no commitment made at the successful 1987 annexation election with respect to the Metzger Park LID. Council did adopt resolution prior to unsuccessful annexation election implying continuance of LID. PROPOSED ALTERNATIVES 1. Adopt attached resolution prepared by Washington County. However, Section 2 provides only limited protection for the City of Tigard in the event of compression under the cap. 2. Modify attached resolution stipulating approval on an annual basis only. 3. Modify attached resolution stipulating approval for a definite period of time, allowing the pursuit of alternative revenue sources. 4. Reject the resolution, thereby excluding properties within the City from the LID assessment. FISCAL NOTES There is no immediate financial impact on the city. Should the City properties be retained within the LID, at the time of financial compaction under the $10/$1000 property tax cap, then the City would be financially impacted to some degree. h:\login\pat\metzgerl l 14 1 WASHINGTON COUNTY, OREGON j JUL 2 6 1993 1993 Patrick Reilly, City Manager City of Tigard P.O. Box 23397 Tigard, OR 97223 Dear Pat: Enclosed is a Resolution for consideration by the City Council. If adopted, this Resolution would provide the necessary approval of the City for the Metzger Park LID assessment which is levied on properties within the City. You will recall from our discussion that after Tigard requested properties within the City be excluded from the district, County Counsel advised that the maximum annual assessment established in the district subsequent to annexation should have the approval of the Tigard City Council. Without approval by the City, the operations and maintenance assessment levied on property within the City would have to be reduced to the pre-annexation amount. The 1988 annual maximum assessment of $40,500 currently provides two-thirds of the operating revenue for Metzger Park. Reverting to the 1981 annual maximum assessment of $27,000 would reduce the operating revenue by one-third. Such a reduction in revenue would severely denigrate services of the Park's operation. You have expressed Tigard's concern of the assessment's impact on the tax rate and potential compression at the property tax limit. We estimate that the LID assessment is $.095/$1,000 of the 1992-93 non-school tax rate of $7.20/$1,000 levied in Tigard. We have inserted language in the Resolution to address this concern in the event the tax rate is projected to approach the $10/$1,000 limit. The County would work with the City to resolve the problem so that the City's ability to levy taxes within the limit would not be restricted in the LID assessment. As we discussed, this Resolution will be placed on the Council's August 9th meeting agenda. The County will need to certify an assessment amount to the tax assessor shortly thereafter. If you need any additional information, please contact me. Sincerely, G~7~LLU Q~t~~G1G~ Connie L. Fessler, Asst. Director Support Services Department ( Enclosure Support Services Department Hillsboro. Oregon 97124 155 North First Avenue, Suite 320 Phone: 503/648-8661 CITY OF TIGARD, OREGON RESOLUTION NO. 93- A RESOLUTION OF THE CITY OF TIGARD APPROVING A LOCAL IMPROVEMENT DISTRICT AND ASSESSMENT FOR THE OPERATION AND MAINTENANCE OF METZGER PARK WHEREAS, in 1976 a local improvement district for the operation and maintenance of Metzger Park was established by Washington County; and WHEREAS, the City of Tigard annexed approximately 54% of the parcels in the Metzger Park LID in 1987; and WHEREAS, the maximum annual operations and maintenance assessment for Metzger Park was increased to $40,500 in May, 1988 after annexation of a portion of the district to the City of Tigard; and WHEREAS, the LID assessment annually is charged against the non-school taxing district's tax limit of $10.00 per $1,000 of assessed valuation; and WHEREAS, Washington County compiles a Tax Coordination Plan annually, which in part forecasts the future tax rate for all non-school taxing districts. NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council that: Section 1. The ongoing maximum annual operations and maintenance assessment for Metzger Park in an amount not to exceed $40,500 is hereby approved. Section 2. In the event the Tax Coordination Plan forecasts the tax rate within the City of Tigard nearing the limit, imposed by Article XI, Section lib of the Oregon Constitution, by reaching $9.00 per $1,000 of assessed valuation, the City of Tigard will confer with Washington County to determine a means by which the City of Tigard's ability to levy taxes within the property tax limitation is not impeded by the LID assessment for Metzger Park. RESOLUTION NO. 93- Page 1 PASSED: This day of , 1993. Mayor - City of Tigard ATTEST: City Recorder - City of Tigard h:\login\Jo\lidres.mtz RESOLUTION NO. 93 Page 2 t To From Subject f WASHINGTON COUNTY 7 Inter-Department Correspondence Datcctober 19, 1992 Doug Olson, Facilities Manager Sue Pp-bman, Facilities image -ent Metzger Park Local Improvement District Statistics (Metzger Park LSD) The following demographics on Metzger Park Local Improvement District have been ccupiled as of this date, October 19, 1992, and are a reflection of the most current data available. Mr. Bob Haas, LUT Planning; Mr. Dan Malaer, A & T Mapping, and their staff provided County data. Sandra Ordaz, Center for Population Pa search and Census, Portland State University, provided population density and latest census statistics (1990). 4uestions 1. What is the total population of the Metzger LSD? 6,730* 2. What is the total population of the City of Tigard? 29,340 3. What is the total population of the City of Tigard within the Metzger Park LID? City of Tigard: 3,240 City of Portland: 100 Unincorporated: 3,390 (6,730) 4. What are the total number of tax paroels/lots in the Metzger Park LID? Assessable tax parcels/lots: 2,114 Nonassessable tax parcels/lots: 16 Total tax parcels/lots: 2,130 -1- ` i Metzger Park Local Improvement District I Statistics (Metzger Park LID) October 19, 1992 Page #2 5. Fiat are the total number of tax parcels/lots in the Metzger Park LID with the city limits of Tigard? Total pals/lots: 1,146 Percentage: (5:i.8%) 6. What is the tax assessed evaluation of.the Metzger Park LID? $423,359,478.00 7. What is the tax assessed evaluation of the Metzger Park LID located within the city limits of Tigard? Non-Washington Square: $171,951,960.00 Washington Square: $132,199,323.00 / Total: $304,143,283.00 1 Percentage: 71.8% 8. What portion of Washington Square is in the Metzger Park LID? All of Eton Square ;.s located within the Metzger Park LTD and acoor iing to A&T data provided also within the City limits of Tigard. 9. What percentage of the Metzger Park LID consists of Washington Square? Percentage of Metzger LID: 31.2% Number of Tax Paroels/Lots: 33 Tax assessed value:$132,191,323.00 10. What is the tax rate per $1,000.00 within the Metzger Perk LSD? $.0955/$1,000.00 11. What are the total taxes to be collected on the Metzger Park LSD for this year? $40,454.04 -2- Metzger Park Local Improvement District Statistics (Metzger Park LID) October 19, 1992 Page #3 12. What are the dimensions of the Metzger Park LID? How many acres/square miles? The dimensions are tel y 2 miles long by 1 1/4 miles wide. Thee are an estimated total of 1,280 aches within the Metzger Park UD. 13. Had many acres/square miles of the Metzger Park LID are within the city limits of Tigard? Ubere are an estimated 700 acmes of the Metzger Park IM within the city limits of Tigard. Census Data: Populatirn Square Mileage City of Metzger 3,149 X 3,936.3 City of Tigard 29,344 10.2 2,876.9 Sandra Ordaz, Portland state University, was not able to provide a census base on the area known as the Metzger Park LID; however this data should give an indication the total persons/square mile within the immediate area of the Metzger Park LID and City of Tigard (as of 1990). Attachments 1. Attachment I: The report generated by A&T showing the tax information for Metzger Park LID. Me highlighted areas reflect the City of Tigard tax parcels/lots within the Metzger Park LID, and the Washington square tax parcels/lots both within the Metzger Park LID and the City of Tigard city limits. (Please see report legend.) 2. Attachment II: A copy of the demographics provided by the City of Tigard in November of 1991, presumably based on 1990 statistics. 3. Attachments III & IV: a. Map ONE: Showing Metzger Park LID in relation to the Portland Metropolitan area. b. Map 7WO: _The other reflecting the streets and boundaries of the Metzger Park LID. -3- COUNCIL AGENDA ITEM CITY OF TIGARD OREGON AGENDA OF: Au~st 10 1ODUNCIL AGENDA ITEM, SUMMARY 1111, 93 ISSUE/AGENDA TITLE: R esolutio Call DATE SUBMITTED: August 2 7993 in for Public Hearin on Pro ose PREVIOUS ACTION: _Ju1v 13 qo~ Charter Amendments Council piscussion an_d n;,-e~_; cU DEPT HEAD OK CITY ADMIN OK PREPARED BY: ~athv Wheat-per REQUESTED BY: Patrick J Reilly ISSUE BEFORE THE COUNCIL Should the Tigard Council approve a resolution calling for a public hearing to consider forwarding Charter amendments to the Tigard voters. STAFF RECOMMENDATION Approve the attached resolution. INFORMATION SUMMARY Charter Amendments: Attached is a resolution setting an August 24, 1993 public hearing on Charter Amendments. The amendments proposed are those which Council reviewed July 13, 1993. At that time the amendments which remained consideration by Council included: under 1. Eliminate mandatory appointment in the event of vacancy. 2. Eliminate mandatory election in the event of vacancy. 3. Repeal prohibition of interim appointment to vacancy from filing as a candidate for the same Council position. 4. Delete resignation requirement to file as candidate with concurrent term. A proposal to alter the timing of the election of the Mayor, keeping the four-year term, but having the election on an odd-numbered year (not when electing a council member) was researched. The Oregon State constitution allows cities latitude in most areas of elections; however, Article II, Section 14a, specifically Charters may override State requirements "except so far as they rel teato the time of holding such elections." The Constitution sets forth that "Incorporated cities and towns shall hold their nominating and regular elections at the same time that the primary and general biennial elections for State and county officers are held... eThis lections to May and November of even-numbered ears. woAs a uld limit regular side note, the primary and general biennial elections do not cost cities anything. other elections, cities must pay for a share of the election costs. For all PROPOSEDALTERNATIVEG 1. Proceed with public hearing for the August 24, 1993 Council Meeting. 2. Discontinue consideration of Charter amendments at this time. FISCAL NOTES November 193 Election Costs: Washington County is unable to give an estimate of costs for the November election. Ginny Kingsley, Election Division manager, explained the expenses for a mail-in election are primarily for personnel, printing, and postage. If the State submits a sales-tax ballot title, Ms. Kingsley conjectured that jurisdictions will opt not to place measures on this ballot. Voter turnout for a sales tax measure, she predicted, will be very high and the County may need an additional shift of workers to count the returns, making the cost of this election higher than usual. Costs are prorated among jurisdictions which have items on the ballot. Therefore, if the turnout is high and only a couple of jurisdictions place items on the ballot, the election will cost participants more than they would customarily expect. h•\login\cathv\char.sum CITY OF TIGARD, OREGON RESOLUTION NO. 93- A RESOLUTION CALLING FOR A PUBLIC HEARING TO CONSIDER FORWARDING CHARTER AMENDMENTS AFFECTING THE MANNER OF ELECTING THE TIGARD CITY COUNCIL WHEREAS, the Tigard City Council has reviewed Section 7 of the City Charter which specifies the manner in which Council members are elected to office; and WHEREAS, the Council desires to present amendment proposals in a public hearing format in order to benefit from public comment in favor of, or in opposition to, the proposed Charter amendments. NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council that: Section 1: The Tigard City Council hereby calls for a public hearing to accept comments on the proposed Charter amendments on August 24, 1993 at 7:30 p.m. in the Tigard City Hall Town Hall, 13125 S.W. Hall Boulevard, Tigard, Oregon. Any interested person may appear and be heard for or against the proposed amendments. Section 2: At the conclusion of the public hearing, Council may consider a resolution forwarding a Ballot Title to the Washington County Elections Division for consideration by the Tigard Voters at the November 2, 1993, Vote-by-Mail Election. Section 3: The City Recorder be, and she is hereby authorized and directed to cause and have published in the Tigard Times, a newspaper of general circulation of the City of Tigard, a notice of said hearing with said publication to be August 12, 1993. Section 4: The proposed amendments are outlined on Exhibit "A" hereto attached and by this reference made a part hereof. PASSED: This day of , 1993. Mayor - City of Tigard C ATTEST: City Recorder - City of Tigard h:\login\cathy\char.res RESOLUTION NO. 93- Page 1 EXHIBIT oeAII Proposed Amendments to Section 7 of the Charter: 1. Eliminate the second paragraph of Section 7, which requires that any member of the Council wishing to seek a City office with a term concurrent with the term of their existing office, submit a written resignation at the time of filing for the other office. 2. Revise the third paragraph to eliminate the mandatory requirement that the Council make an appointment or hold an election to fill a vacancy of an unexpired term. Also the revision will eliminate the requirement which prohibits an interim appointee from running for that position. The suggested new section 7 is as follows: "Section 7. MAYOR AND COUNCIL. The elective officers of the city shall be a mayor and four councilors who together shall constitute the City Council. At the general election held in 1990 and every fourth year thereafter, a mayor shall be elected for a term of four years. No councilor shall serve the city as councilor for more than eight consecutive years, nor shall the mayor serve as mayor for more than eight consecutive years. In no case shall any person serve on the City Council for more than twelve consecutive years. These limitations do not apply to the filling of an unexpired term. In the event the office of mayor or councilor becomes vacant before the normal expiration of its term, a special election may be held at the next available date to fill the office for the unexpired term. Such an election shall only take place if the Council can schedule and hold a special election at least twelve months before the term would otherwise expire. If an election is held, it shall be held in accordance with the election laws of the State of Oregon and city ordinance and not inconsistent with such election laws. The Council may appoint a person to fill a vacancy until an election can be held.11 RESOLUTION NO. 93- Page 2 NOTICE OF PUBLIC HEARING PROPOSED CHARTER AMENDMENTS - SECTION 7. MAYOR AND COUNCIL Notice is hereby given that a public hearing will be held before the Tigard city council on August 24, 1993, at 7:30 p.m. in the Tigard City Hall, Town Hall Room; 13125 S.W. Hall Boulevard, to consider proposed amendments to Section 7 of the Tigard City Charter. Essentially, the proposed changes are as follows: A. Eliminate mandatory appointment in the event of a Council vacancy. B. Eliminate a mandatory election in the event of vacancy if the position vacated expires within twelve months from the date of vacancy. C. Allow an interim Council-member appointee to file as a candidate for that Council position at the next available election. D. Delete the requirement that a council member must resign if he or she files to run as a candidate for another City office with a concurrent term. Additional revisions for City Charter Section 7 may be forthcoming from suggestions received from the public, Council or staff at the public hearing and included in the ballot title to be submitted to the Tigard voters for their consideration. For further information, please contact the Tigard City Recorder at Tigard City Hall, 13125 S.W. Hall Boulevard, Tigard, OR 97223, or call her at 639-4171, Extension 309. TT Publish: August 12, 1993 COUNCIL AGENDA ITEM CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF: August 10, 1993 DATE SUBMITTED: July 21, 1993 ISSUE/AGENDA TITLE: Amendment to TMC PREVIOUS ACTION: Postponed by 10 28 020 regulating parking of Council on 4-13-93 lar a vehicle PREPARED BY: Ron Goodpaster DEPT HEAD OK X-7 CITY ADMIN OK REQUESTED BY: Ron GoodRaster Approve attached amendment to existing Tigard Municipal Code 10.28.020, specifying prohibited parking and regulating the parking of large vehicles, specifically recreational vehicles on public streets. STAFF RECOMMENDATION Staff recommends approval. INFORMATION SUMMARY i This original amendment was presented to Council on 4-13-93 at which time Council had questions regarding the parking of large recreational vehicles in front of homes that are being visited by people from out of town or allowing people adequate time to load or unload their recreational vehicle on the public street. The Section 4 of this amendment which addresses recreational vehicles has been amended to allow for recreational vehicle parking on the street under certain circumstances for limited periods of time. The additional language specifically addresses concerns raised by the Council at the previous review. *New language in the ordinance is under section 4, subsections B, 1, 2 and 3 and subsection C. Upon approval by the Council, we will issue warning citations and conduct publicity regarding the passing of this ordinance during the 30-day waiting period before it becomes effective. PROPOSED ALTERNATIVES 1. Do not accept the amendment. 2. Approve amendment as proposed. FISCAL NOTES If approved, these changes will have little or no fiscal impact. of/rdg0720.sum.