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City Council Packet - 09/28/1993 WMM CITY 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. Business agenda Items can be heard in any order after 730 p.m. Assistive 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 Deaf). 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 5:00 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 (TDD - Telecommunications Devices for the Deao. SEE ATTACKED AGENDA COUNCIL AGENDA - SEPTEMBER 28, 1993 - PAGE 1 TIGARD CITY COUNCIL MEETING SEPTEMBER 28, 1993 AGENDA • STUDY SESSION (Town Hall Conference Room - 5:30 P.M.) Discussion: Year 4 Solid Waste Reduction Program (Washington County) Agenda Review Council Communications/Liaison Reports 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. PRESENTATIONS: 3.1 Acknowledgement & Recognition - Eagle Scout Project - Cleaning of Pathfinder Creek 3.2 Introduction - Citizen Involvement Team (CIT) Facilitators 3.3 Proclamation - Crime Prevention Month (October) 3.4 Proclamation - Recycling Awareness Week (October 2-9) 3.5 Proclamation - Students Watching Over Our Planet Earth (SWOOPE) Y Awareness Month (October) 3.6. Acknowledgement & Recognition - Certificate of Achievement for Excellence in Financial Reporting and Distinguished Budget Award 4. CONSENT AGENDA: These items are considered to be routine and may be enacted in one motion without separate discussion. Anyone may request that an item be removed by motion for discussion and separate action. Motion to: 4.1 Approve Year 4 Goals - Washington County Wasteshed Reduction - Resolution No. 93-(4s 4.2 Support Application for General Assistance to Construct Sidewalks and Related Improvements on Grant Avenue; Make Exterior Improvements to the Tigard Senior Center; and Expand the Tigard Youth Services Center - Resolution No. 93-ue 4.3 Approve Intergovernmental Agreement with Washington County for MSTIP Road Improvement Project on Bull Mountain Road 4.4 Approve Budget Adjustment for Bull Mountain Road Project (County MSTIP) - Resolution No. 93-u? 4.5 Approve Intergovernmental Agreement For Mutual Aid Among Law Enforcement Agencies in Washington County - Resolution No. 93-48 COUNCIL AGENDA - SEPTEMBER 28, 1993 - PAGE 2 5. PUBLIC HEARING (QUASI-JUDICIAL) - LEGALIZATION OF RIGHT-OF-WAY FOR S.W. 93RD AVENUE a. Open Public Hearing b. Declarations or Challenges C. Staff Report - Engineering Department d. Public Testimony Proponents Opponents Rebuttal e. Council Questions/Comments f. Public Hearing Closed g. Council Consideration: Ordinance No. 93-~ q 6. PUBLIC HEARING (QUASI-JUDICIAL) - LEGALIZATION OF RIGHT-OF-WAY FOR S.W. 112TH AVENUE a. Open Public Hearing b. Declarations or Challenges C. Staff Report - Engineering Department d. Public Testimony Proponents Opponents Rebuttal e. Council Questions/Comments f. Public Hearing Closed g. Council Consideration: Ordinance No. 93- 7. CONSIDERATION OF PARKING RESTRICTIONS ON DARTMOUTH STREET - ORDINANCE NO. 93-QV • Staff Report - Engineering Department 8. CONSIDERATION OF PARKING RESTRICTIONS ON SW 72ND AVENUE - ORDINANCE NO. 93-?? • Staff Report - Engineering Department 9. PRESENTATION OF 99W TASK FORCE RECOMMENDATIONS - PROPOSAL FOR APPROVAL OF SCOPE OF WORK • Staff Report - Community Development Department 10. CHARTER AMENDMENT DISCUSSION • Staff Update - City Administrator C COUNCIL AGENDA - SEPTEMBER 28, 1993 - PAGE 3 11. ADMINISTRATIVE REVIEW & UPDATES Scholls Ferry Billboard Link/Shrauger Property 12. MAIN STREET PROPERTY DISPOSITION • Staff Update & Recommendation - City Administrator 13. NON-AGENDA ITEMS 14. EXECUTIVE SESSION: The Tigard City Council will go into Executive Session under the provisions of ORS 192.660 (1) (d), (e), & (h) to discuss labor relations, real property transactions, current and pending litigation issues. 15. ADJOURNMENT ccaO928.93 1 COUNCIL AGENDA - SEPTEMBER 28, 1993 - PAGE 4 elm Council Agenda Item I TIGARD CITY COUNCIL MEETING MINUTES - SEPTEMBER 28, 1993 • Meeting was called to order at 5:43 p.m. by Council President Schwartz. 1. ROLL CALL j Council Present: Council President John Schwartz; Councilors Judy Fessler, Wendi Conover Hawley, and Paul Hunt. Staff Present: Loreen Edin, Acting Public Works Director; Wayne Lowry, Finance Director; Ed Murphy, Community Development Director; Liz Newton, Community Involvement Director; Tim Ramis, Legal Counsel; Patrick J. Reilly, City Administrator; Catherine Wheatley, City Recorder; and Randy Wooley, City Engineer. STUDY SESSION Yard Debris Update by Loreen Edin. Acting Public Works Director: Ms. Edin distributed an outline which highlighted the Council action sought. (See Council packet for a copy of this document.) Council discussed followed. Councilor Hunt questioned whether there was any consideration for making garbage service mandatory participation. It was noted that 85% of Tigard residents pay and receive garbage service. If all citizens were required to pay for service, the problem of refuse being dumped on the road and elsewhere may be avoided. Councilor Hunt noted if people can opt out of paying for the yard debris service, he would expect that some people would go together with their neighbors and use one recycling bin. If enough of this were to happen, the result would be that more people would drop the service and the rate, overall, would go up. There was a question as to whether or not it would be legal to require people to pay for garbage. Legal Counsel Ramis advised he thought this could be achieved, but would have to take a look at under what circumstances this could be justified. A waiver program to opt out of the yard debris program could be implemented. Ms. Edin cautioned that care should be taken to avoid having the waiver program become so complicated that it would require extra staffing. Ms. Edin advised the curbside yard debris program is required to be implemented by July 1, 1994. Council President Schwartz suggested this issue could be reviewed by the CIT's. " CITY COUNCIL MEETING MINUTES - SEPTEMBER 28, 1993 - PAGE 1 Before presenting the yard debris program implementation challenge to the CIT's, cost information must be obtained and the issues framed. Discussion followed. There was concern over whether or not this would be a good time to make a change in policy for the commercial subsidy of residential. Both sides of the issue were discussed, noting there were several rate increases which will be borne by residents in the near future. City Administrator Reilly advised such a rate increase could be phased in. Ms. Edin summarized: The debris curbside collection must begin July 1, 1994. A request could be made once again to DEQ to ask for a phase-in of the program so start-up costs would not occur all at once. Cost information with regard doing away with commercial subsidy of residential will be analyzed. Council policy would be to do the minimum to move forward in meeting the DEQ requirements. Ms. Edin introduced Delyn Kies, Solid Waste Management Coordinator, and Lynne Storz, Recycling Project Specialist Washington County. Ms. Kies noted DEQ advised Washington County they were not recovering enough yard debris in the depot program and mandated implementation of curbside pickup. An request for an extension to start-up of the curbside program was denied by DEQ. Ms. Kies said she would be willing to ask again for a six-month extension to help phase in rate increases for Tigard users. in summary of Council discussion on implementation of the yard debris program, City Administrator Reilly noted staff would follow these guidelines: (1) staff would continue to work towards implementation of the yard debris program to be in place by July 1, 1994; C (2) nothing would be done which would aggravate the subsidy of commercial to residential; (3) a review of alternatives would be presented the CIT's for their involvement. CIT review would include a means of public notice so citizens and business owners are aware of the changes that are coming. It is expected recommendations will be before City Council in March, 1994. Ms. Kies then reviewed the recent Metro decision to cancel construction of the Wilsonville Transfer Station. Ms. Storz reviewed the information contained in Council packet (see item 4.1) with regard to Year 4 of the waste reduction efforts in Washington County. Agenda Review Councilor Hunt noted he would be requesting that Consent Agenda Item 4.2, Community Development Block Grant Project Applications, be pulled for separate consideration. City Administrator Reilly advised Item No. 11, the Scholls Ferry Billboard, would be addressed on October 12. In addition, the report on the Link/Schrauger property would be discussed during Executive Session. 0 CITY COUNCIL MEETING MINUTES - SEPTEMBER 28, 1993 - PAGE 2 Councilor Hawley asked a question concerning reappointments to the 99W Task Force. City Administrator Reilly advised consultation with Mayor Edwards would necessary. Council Liaison Reports Councilor Hunt commended Councilor Fessler for keeping Council informed on MPAC. Councilor Fessler gave a brief update on the Multnomah County request to give Metro some of its properties and functions for Metro to administer. Metro has been advised by a number of jurisdictions with concerns on how these transfers may affect the Greenspaces program, and how this would alter the Greenspaces program, in their perception. Metro is realizing a good inventory of the Greenspace projects and properties would be needed. Councilor Fessler noted MPAC is considering sponsoring an audit, but they have no budget. She advised they may need to "pass the hat." City Administrator Reilly advised he understood Metro would be presenting their Greenspaces program again in March. Community Development Block Grant Policy Advisory Board Councilor Hunt, announced he would no longer serve on the CDBG Policy Advisory Board. He commended staff member Duane Roberts for his work associated with City involvement for CDBG applications. City Administrator Reilly advised he would be asking another Councilor to serve on the Board in the near future. Executive Session The Tigard City Council went into Executive Session at 7:10 p.m. under the provisions of ORS 192.660 (1) (d), (e), & (h) to discuss labor relations, real property transactions, current and pending litigation issues. Council recessed at 7:20 p.m. BUSINESS MEETING The business meeting was called to order by Council President Schwartz at 7:30 p.m. • Call to Council and staff for non-agenda items. There were none. • City Administrator Reilly noted the Link\Schrauger property discussion (see Item No. 11) would be discussed during Executive Session. CITY COUNCIL MEETING MINUTES - SEPTEMBER 28, 1993 - PAGE 3 2. VISITOR'S AGENDA: 'n Tom Auran, 1151 SW 50th Avenue, Portland, Oregon, advised he was part owner of Alchemy Analytical, Inc., an environmental sampling and testing company. This business is located at 12242 SW Garden Place, Tigard, Oregon. He advised employees were in the process of negotiating the purchase of the company from the owners. He requested City of Tigard Council approve a resolution, of which he had a sample copy for format, in order to seek financial assistance from the Oregon Business Development fund. Council President Schwartz consulted with Legal Counsel. Ramis. Mr. Ramis advised he would review the sample resolution which could then be considered during the non-agenda portion of the meeting. • Mike Marr, 12420 SW Main Street, Tigard, Oregon, advised he was present to hear Council discussion on Agenda Item No. 12, Main Street Property Disposition. Mr. Marr requested an opportunity to give input on this item. 3. PRESENTATIONS: 3.1 Acknowledgement & Recognition - Eagle Scout Project - Cleaning of Pathfinder Creek • Council President Schwartz read the letter submitted in the Council packet with regard to the Boy Scout/Eagle Scout project on Pathfinder Creek. Council President Schwartz read the names of the Scouts. The boys were presented with a small gift from the City of Tigard in appreciation. 3.2 Introduction - Citizen Involvement Team (CIT) Facilitators • Council President asked all the Citizen Involvement Team members from the various CIT sections of the City to come forward. Council President Schwartz noted his appreciation for their time spent the training process. He gave words of encouragement as the CIT's embark on their first projects. 3.3 Proclamation - Crime Prevention Month (October) • Council President Schwartz read the proclamation into the record. A copy of the proclamation can be found in the Council packet. 3.4 Proclamation - Recycling Awareness Week (October 2-9) • Council President Schwartz read the proclamation into the record. A copy of the proclamation can be found in the Council packet. CITY COUNCIL MEETING MINUTES - SEPTEMBER 28, 1993 - PAGE 4 3.5 Proclamation - Students Watching Over Our Planet Earth (SWOOPE) Awareness Month (October) • Council President Schwartz read the proclamation into the record. A copy of the proclamation can be found in the Council packet. 3.6. Acknowledgement & Recognition - Certificate of Achievement for Excellence in Financial Reporting and Distinguished Budget Award • Council President Schwartz noted the Certificate of Achievement for Excellence in Financial Reporting has been awarded to the City of Tigard. The Government Finance Officer's Association wrote the following to Mayor Edwards: 'This is the highest form of recognition of governmental accounting and financial reporting, and its attainment represents a significant accomplishment by government and its management." Council President Schwartz asked Wayne Lowry, Finance Director, to come forward and noted the following: "When a Certificate of Achievement is awarded to a government, an award of financial reporting achievement is also presented to the individual designated by the government as primarily responsible for its having earned this certificate. Council President Schwartz congratulated Wayne Lowry for receiving this honor. Tigard has also received, since 1987, the Distinguished Budget Presentation Award. Council President Schwartz advised he was pleased to announce the City of Tigard recently was awarded a Distinguished Budget Presentation Award for the fiscal year beginning July 1, 1992. In order to receive this award, the City must publish a budget document that meets program criteria as a policy document, as an operations guide, as a financial plan, and as a communication device. Council President Schwartz presented the award to Wayne Lowry, Finance Director. CITY COUNCIL MEETING MINUTES - SEPTEMBER 28, 1993 - PAGE 5 4. CONSENT AGENDA: Councilor Hunt requested Item 4.2 be removed for separate consideration. 4.1 Approve Year 4 Goals - Washington County Wasteshed Reduction - Resolution No. 93-45 4.3 Approve Intergovernmental Agreement with Washington County for MSTIP Road .Improvement Project on Bull Mountain Road 4.4 Approve Budget Adjustment for Bull Mountain Road Project (County MSTIP) - Resolution No. 93-47 4.5 Approve Intergovernmental Agreement For Mutual Aid Among Law Enforcement Agencies in Washington County - Resolution No. 93-48 Motion by Councilor Fessler, seconded by Councilor Hunt, to approve Items 4.1, 4.3, 4.4, and 4.5. Motion was approved by unanimous vote of Council present (Council President Schwartz, and Councilors Fessler, Hawley, and Hunt voted "yes.") 4.2 Support Application for General Assistance to Construct Sidewalks and Related Improvements on Grant Avenue; Make Exterior Improvements to the Tigard Senior Center; and Expand the Tigard Youth Services Center - Resolution No. 93-46 Councilor Hunt advised he was concerned that directing staff to go ahead to apply for the CDBG funds would be by-passing the budget process. Councilor Schwartz noted the dollars the City pays for these projects are a relatively small portion of the total amount. He acknowledged the budget process did not allow for review and prioritizing of the potential funds expended for these projects. He noted the timing was such that the information was not available to present to the Budget Committee. City Administrator Reilly agreed that the timing did not allow for the CDBG grant requests to be integrated into the budget process. After brief discussion, there was a motion by Councilor Hawley, seconded by Councilor Fessler, to approve Agenda Item 4.2 to support the application for general assistance to construct sidewalks and related improvements on Grant Avenue; make exterior improvements to the Tigard Senior Center; and expand the Tigard Youth Services Center - Resolution No. 93-46. The motion was approved by a majority (3-1) vote of Council present (Council President Schwartz and Councilors Fessler and Hawley voted "yes", Councilor Hunt voted "no.") CITY COUNCIL MEETING MINUTES - SEPTEMBER 28, 1993 - PAGE 6 1 i _ I 5. PUBLIC HEARING (QUASI-JUDICIAL) - LEGALIZATION OF RIGHT-OF-WAY FOR S.W. 93RD AVENUE. a. Public Hearing was opened. i b. Council President Schwartz asked: i • Do any members of Council wish to report any ex parts contact or information gained outside the hearing, including any site visits? • Have all members familiarized themselves with the application? • Are there any challenges from the audience pertaining to the Council's jurisdiction to hear this matter or is there a challenge on the participation of any member of the Council?" There were no declarations or challenges. C. City Engineer Wooley summarized the staff report which is on file with the Council packet. r d. Public Testimony: None L e. Public Hearing was closed Motion by Councilor Fessler, seconded by Councilor Hawley, to adopt Ordinance No. 93-24. It was noted the ordinance should be completed to show that zero persons testified on the matter. ORDINANCE 93-24 - AN ORDINANCE LEGALIZING THE RIGHT-OF-WAY FOR A PORTION OF S.W. 93RD AVENUE, DIRECTING THAT THE RIGHT- OF-WAY BE SURVEYED AND MONUMENTED, AND DIRECTING THAT A SURVEY MAP AND NARRATIVE BE FILED WITH THE WASHINGTON COUNTY SURVEYOR. f. Motion was approved by unanimous vote of Council present. (Council President Schwartz and Councilors Fessler, Hawley, and Hunt voted "yes.") 6. PUBLIC HEARING (QUASI-JUDICIAL) - LEGALIZATION OF RIGHT-OF-WAY FOR S.W. 112TH AVENUE a. Public Hearing was opened. CITY COUNCIL MEETING MINUTES - SEPTEMBER 28, 1993 - PAGE 7 b. Council President Schwartz asked: Do any members of Council wish to report any ex parte contact or information gained outside the hearing, including any site visits? • Have all members familiarized themselves with the application? • Are there any challenges from the audience pertaining to the Council's jurisdiction to hear this matter or is there a challenge on the participation of any member of the Council?" There were no declarations or challenges. C. City Engineer Wooley summarized the staff report which is on file with the Council packet. d. Public Testimony: None e. Council Questions/Comments: Council President Schwartz noted the map showed a slight jog in connection of the street. City Engineer reported that when you drive this street, the street does match up. f. Public Hearing was closed Motion by Councilor Fessler, seconded by Councilor Hawley, to adopt Ordinance No. 93-25. It was noted the ordinance should be completed to show that zero persons testified on the matter. ORDINANCE NO. 93-25 - AN ORDINANCE LEGALIZING THE RIGHT-OF- WAY FOR A PORTION OF S.W. 112TH AVENUE, DIRECTING THAT THE RIGHT-OF-WAY BE SURVEYED AND MONUMENTED, AND DIRECTING THAT A SURVEY MAP AND NARRATIVE BE FILED WITH THE WASHINGTON COUNTY SURVEYOR. g. Motion was approved by unanimous vote of Council present. (Council President Schwartz and Councilors Fessler, Hawley, and Hunt voted "yes." 7. CONSIDERATION OF PARKING RESTRICTIONS ON DARTMOUTH STREET a. The staff report was summarized by City Engineer Wooley. Dartmouth Street is currently under construction in the Tigard Triangle. This street is designed to function as a collector street, with no on-street parking. An ordinance is needed to allow the street to be posted as a "no parking" zone upon completion of construction. ( CITY COUNCIL MEETING MINUTES - SEPTEMBER 28, 1993 - PAGE 8 WNW b. There was brief Council discussion, with Councilor Fessler noting the no parking ordinance would assist the landscaping plan that would be implemented for the area. In response to a question from Councilor Hawley, City Engineer Wooley advised that any merchant who found themselves in need of parking would first go to the Engineering staff, who would research the request. The next step would be to place such a request in ordinance form before the City Council for approval. C. Motion by Councilor Fessler, seconded by Councilor Hunt, to approve Ordinance No. 93-26. ORDINANCE NO. 93-26 - AN ORDINANCE AMENDING TMC 10.28.130 TO PROHIBIT PARKING ON SW DARTMOUTH STREET. Motion was approved by unanimous vote of Council present. (Council President Schwartz and Councilors Fessler, Hawley, and Hunt voted "yes.") 8. CONSIDERATION OF PARKING RESTRICTIONS ON SW 72ND AVENUE a. City Engineer Wooley reviewed the staff repor% which is on file with the Council packet material. b. Council President Schwartz noted his concerns that 72nd Avenue was an older-established area with homes along the street. He inquired how the parking would affect these homes. City Engineer Wooley responded the no parking ordinance would be for paved area only. For those properties which still had residences, parking was allowed on graveled areas in front of the homes. C. Motion by Councilor Hunt, seconded by Councilor Hawley, to approve Ordinance 93-27. d. ORDINANCE NO. 93-27 - AN ORDINANCE AMENDING TMC 10.28.130 REGARDING THE PORTIONS OF SW 72ND AVENUE WHERE PARKING IS PROHIBITED. The motion was approved by a unanimous vote of Council present. (Councilor President Schwartz and Councilors Fessler, Hawley, and Hunt voted "yes.") CITY COUNCIL MEETING MINUTES - SEPTEMBER 28, 1993 - PAGE 9 9. PRESENTATION OF 99W TASK FORCE RECOMMENDATIONS - PROPOSAL FOR APPROVAL OF SCOPE OF WORK a. Community Development Director Murphy summarized the staff report. Two issues were before the Council: 1. Should the Council enter into an executed Intergovernmental Agreement with the Oregon Department of Transportation to conduct a transportation systems management study of 99W? 2. Should the City pay up to $20,000 for the study? ODOT has offered to pay $20,000. b. Mr. Steve Clark, representative form the 99W Task Force, reviewed the process which led to the drawing up of the agreement. He also commented on the amount of effort and work which had been completed by the Task Force. C. In response to questions from Council, Mr. Clark and Community Development Director Murphy responded that much of the study would be directed at attempting to identify low cost options to alleviate traffic congestion on 99W. Several Council members noted their concerns with spending this money and then having no means to implement any of the study's recommendations, because funding was not available. Some of changes could be done for a small cost: • Implement changes to the Community Development Cods. • Work with property owners to make some access changes. • Restriping. • Review signalization patterns. Steve Clark noted the City received a great deal of help from outside sources to get to this point. He noted Representative Tom Brian worked with ODOT so they would be willing to look at an Intergovernmental Agreement of this type. Council President Schwartz advised he would support the execution of the agreement with the hope that the State would be willing to give some reasonable assurance that funds would be available to assist where improvements were identified. CITY COUNCIL MEETING MINUTES - SEPTEMBER 28, 1993 - PAGE 10 NO Community Development Director Murphy mentioned two changes in the language were noted by the City's Legal Counsel. (See memorandum dated September 27, 1993 to Carol Landsman from James Coleman of the City Attorney's office; this document is on file with the Council packet material): 1. If ODOT rescinded the agreement, they would agree to reimburse up to 100% of the expenses incurred by the City of Tigard. 2. Language pertaining to Planning Goal No. 1 should be deleted; this statewide planning goal is not now applicable to Tigard. Councilor Hunt asked if bicycle and pedestrian transportation were incorporated in the study. Community Development Director Murphy advised "no," because the scope of the project had been reduced. It was noted that if sidewalks were in poor repair, they should be improved without the study, especially sidewalks where new development occurs. Councilor Fessler questioned whether the study would be worthwhile, given the current practices and limited access policies of the Oregon Department of Transportation on Highway 99. She noted ODOT may already have completed a great deal of what would be called for in the study. She questioned whether or not the City of Tigard would be getting what we want from the study. d. General discussion followed about problems for funding, the need to identify what needs to be done in the event funding becomes available, and the fact that the Washington Square Diamond Study was being done at this time and should be integrated into the study. Councilor Hawley reviewed the 99W efforts and concurred that correct access management is a concern. e. Councilor Hunt advised he would not be able to vote on this item, as he had no strong feelings on the issue with no certainty as to what position he should take. f. After discussion, motion was made by Councilor Hawley, seconded by Councilor Fessler, to accept the agreement as amended by City of Tigard Legal Counsel. The motion was approved by a majority vote (3-0-1) of Council present. (Council President Schwartz and Councilors Fessler and Hawley voted "yes"; Councilor Hunt abstained from voting.) CITY COUNCIL MEETING MINUTES - SEPTEMBER 28, 1993 - PAGE 11 10. CHARTER AMENDMENT DISCUSSION a. City Administrator Reilly briefly reviewed the staff report on file with the Council packet. He responded to a question from Council President Schwartz that there had not been a great deal of public input on this issue as of this date. One letter was received from Mr. Jack Schwab, who was affected by some of the charter provisions currently under review when he served as an Interim City Councilor. b. Councilor Hunt referred to proposed language that would require a primary election be held for Mayor and if a candidate received over 50% of the vote, he or she would still have to run at the general election. Legal Counsel Ramis advised he would have to look at this section more closely. It was noted that language included in the packet from the City of West Linn advised that if a candidate received more than 50% of the vote at the primary, then they would not have to run again at the general election. C. This agenda item will be scheduled for an October study session. 11. ADMINISTRATIVE REVIEW & UPDATES • Scholls Ferry Billboard. This discussion will take place on October 12. • Link/Shrauger Property. This discussion took place during Executive Session. 12. MAIN STREET PROPERTY DISPOSITION a. City Administrator Reilly reviewed the staff report on file with the Council packet material. Options include retaining and improving the building and lease at the market rates, or maintaining the status quo. It was Mr. Reilly's recommendation that Council initiate sale of the property. b. In response to a request from Council President Schwartz, Mr. Jim Nicoli, Chamber of Commerce Board, advised the Board has been waiting for Council direction concerning their attitude toward the property and what they felt the building was worth. There was discussion on whether Council would be able to negotiate with one entity. Also discussed was the kind of hearing process which must be followed. C. Councilor Fessler noted the downtown area appears to be rejuvenating and many merchants are coming together to make the downtown a healthy place for business. She thinks many things are falling into place for the downtown area. She noted that keeping a Main Street presence may have some merit for consideration by City Council and also noted that with the CITY COUNCIL MEETING MINUTES - SEPTEMBER 28, 1993 - PAGE 12 ~<y downtown merchants getting organized, historic buildings also become more of an asset. d. Councilor Hunt advised he would like to have the building put up for sale and have it go to the highest bidder. There was a question as to where the dollars would come from to upgrade the building. City Administrator Reilly advised this would be part of the budgetary process for next year. e. There was discussion with Mr. Mike Marr who also has interest in the building. He noted he has been a subtenant of the Chamber for many years. He advised, in response to Council's concern that the Chamber's need for a location be addressed, he would give them consideration. He also noted there were other interested individuals who indicated they might want to locate in this building. f. Councilor Hawley requested the agenda item be set over to a future Council meeting. City Administrator Reilly was asked by Council to visit with the Chamber to determine what their needs are and what they would like to see happen for their long range plans. g. City Administrator Reilly will talk to the Chamber and report back to Council at the October 26 meeting. 13. NON-AGENDA ITEMS a. Council considered: RESOLUTION NO. 93-49 - A RESOLUTION TO ACKNOWLEDGE THAT THE ALCHEMY ANALYTICAL PROJECT IS CONSISTENT WITH THE CITY OF TIGARD'S COMPREHENSIVE PLAN, AND THE CITY COUNCIL APPROVES OF THE OREGON BUSINESS DEVELOPMENT FUND PROJECT PROPOSAL. Motion by Councilor Hunt, seconded by Councilor Fessler, to approve Resolution 93-49, with the provision that staff check to assure the request is in conformance with the Comprehensive Plan. Motion was approved by unanimous vote of Council present. (Council President Schwartz and Councilors Fessler, Hawley, and Hunt voted "yes.") 14. EXECUTIVE SESSION: The Tigard City Council went into Executive Session at 9:30 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. CITY COUNCIL MEETING MINUTES - SEPTEMBER 28, 1993 - PAGE 13 seal. 15. ADJOURNMENT: 10:40 P.M. Attest: Catherine Wheatley, City R c rder i CA~uncjl President Schwartz, City of Tigard Date: h:\recorder\ccm\ccm0928.93 CITY COUNCIL MEETING MINUTES - SEPTEMBER 28, 1993 - PAGE 14 t C E I V I L FOMMUNITY NEWSPAaPERS INC. Lea P.O. 130% 370 PHONE (603) 664.0360 Noltce TT 7675 i )i iIG! NI; BEAVERTON, OREGON 97076 L' Legal Notice Advertising *City of Tigard • ❑ Tearsheot Notice Acr-ounts Payable--Terry • 13125 SW Hall Blvd. • ❑ Duplicate Affirtnvit Tigard, Oregon 97223 mgt i 1 ettltd Tim, following will be cons tiered by the Tigard City Comil as Sep%=- her 28, 1993, at 7:30 P.M., at r1gard City Hall. 13125 S.W. Hall: Boulevard, Tigard, Oregon. Farther intonnaiion may be obtained from the City Heaineer or City Recorder at the same location or by calling AFFIDAVIT OF PUBLICATION 639.4171. You are invited to submit written mstimony in adv» of the STATE OF OREGON, ) public heaving, written a'rd oral w dmony will be considered at the hear- COUNTY OF EGON C3TON, )ore. Inp. The pnbuc hearing will be conducted in accordance with the ap- plicableChapter 18.32 of the Tigard Municipal Code itad any rules of r, -_~JiK~fZYi_LC4~tt2~~- procedure adopted by the Council and available at City Hall. being first duly sworn, depose and say that I am the Advertising Director, or his 1. LEGALIZATION OF THE RIGHT OF WAY OF S.W. 93RD e newspaper of principal general clerk, of t circulation as defined in ORS o as defined in ORS _193„ .010 AVENUE NORTH OFS.W.NORTH DAKOTA STREET. and 193.020; published at-- _In the of resa)d cg9 ppty.' and $te; that be 2. LEGALIZATION OF THE RIGHT OF WAX OF S.W. 112TH _F earingl AVENUE SCUM OF S.W. GAAPOE STREET. a printed copy of which is hereto annexed, was published in the The City Engineer has recommended that the Council approve legalize- entire issue of said newspaper for-.-One _ _.---successive and lion of the rights of way of the existing streets In order to resolve !taws in consecutive In the following issues: past dedicadons. TT7675 - Publish September 16,1993: Subscribed and sworn tq~fore me ihis_ 16th -day--of Sit nr.ICl,u SEAS A( i.c ROOIN A BURGESS l~ NOlAR r DLU:1C -OREGON CL~[ 116_ iC t. COAIM,GSION NO. 024552 Notary P c for Oregon MY COVVISS-014 S1f'IRES MAY 18.1997 My Commission Expires: AFFIDAVIT COMMUNITY NEWSPAPERS, INC. Legal hrL~ ~i1`~ P.O. BOX 370 PHONE (503) 6x,•0360 Notice IT 7676 V/~ ~t~4 1`{0.ti y BEAVERTON. OREGON 07075 PUBi.JC HEARNG ~1, Legal Notice Advertising Tito following will be c cd by the Tigard City Cot, aclion : her ?9.1993, at 7:30 P.M., at Tigad Civic Center, Town Mal oom. • O Tearshoet Notice 13123 S.W. IW Boulevard. Tigard, Oregon. FonNu informatka my be • City o f Tigard obtained from fire Community Deve(t Director as City RxordCr ct Accounts Payable--Terry the name loca@on or by calling 6394171. You are Inviwd to submit writ- • 13125 SW Hall Blvd. • O oupucareAtfidavu tentestimottyyinadvance ofthepublic wtituaand"W.tesaimony Tigard, Oregon 97223 will be eonsWered at the heating. Tiro N"M w= will be conduced in . • • accordance with the applicable Chapter 18.32 of the Tigard Municipal Code and any rules of procedure adt7pted by the Councit and available at City Mall. r.p AN APPEAL OF APB S~dltSSION MLSION AI~'€i OV- AFFIDAVIT OF PUBLICATION 1rIt3...... STATE OF OREGON. lea 'S3VIl?W P 93 4406 EVE COUNTY GTON, ? LOCATION: It 165.11185 S.W . Noweve StreeL atrtlt title of Naeae Judith h Koehler Street, west of S.W.109th Avt roe, south of Little Bull Mountain Apan. being first duly sworn, depose and say that I .CT Lire Advortising ments (WCTM 2SI 10OB, tax lots 100 and 200, 2S1 LOAD, tax lot 43t1f1; Director, or his principal clerk, of the i$ar limes and2SI 10AC,sixle WO,700.8W,and9W). a newspaper of general circuI,plion a defined in ORS 193.010 An appeal of the Planning Commission's decision and final orderepprov. end 193.020; published at the insa"quest forsite aevel IRevkWandPlaMCdY)CVelopmcntAp- aforesaid co my and state; that the proval of s 348 unit, 17 building; multi-family residential camplax on a Ji~rinp 262acreparrot.AI~FLICASUERFiv1EWCR1TBRlA:.Plaesac Iaavolop- a printed copy of which Is hereto annexed, was published in the meet Review approval criteria are found at Community Mirolopment entire issue of said newspaper for One -successive and Code Section 18.80.120. Site Development Review al crittxna ease found at Cage Section 18.120.180. In addition, sirens ova listed arctlcos consecutive In the following issues: require consistency with the following Community Dsvelopomt Code Chapters: 18.54;1836, 18.84,18.92,18.100, 18.102. 18.106. 18.108, Sept. 16, 1993 18.114,18.120. 18.150, and Comprehensive Plan Policies 2.1.1.3.1.1, . 3.4.2, 4.2.1, 6.1.1. 6.6.1. 7.12.7.2.1. 7AA, 7.5.1. 7.61. 8.1.1, and 8.1.3. ZONE: R•12(PD) ealdentia1.12 unimlacre, Planned Developmentovar- lay) and R-25(PD) (Resider tial, 25 unitiVacre. Plaimcd Development overlay). 7 13 TT7676 - Publish September 16. M. Cii'%iC1AL SEAL Subscribed and sworn tgrhiefore me thia___16-ttl daY Qf_S9P_ter`1be 1900U11,1 RA BURGESS NpTRF7 PU6:IC - OREGON A, Nolarybar ew Oregon !pA;! 1,j0r4 (PiRES MAY 18.1997 My Commission Expires: AFFIDAVIT J1- COMMUNITY NEWSPAPERS, INC. Logaf P.O. BOX 370 PHONE (503) 664.03W Notice TT 76 I BEAVERTON. OREGON 97075 The (allowing meeting we puthilitid tttryraonr wbamlon. Ftrt1 ageftdas mapbo obtained the City'Recarder. 13125 S.W. Hall Legal Notice Advertising ;Boulovafd.Tigard,OmSon97223.orbycalling 6394171. • City of Tigard • 0 Toorsheet Notice CYNCDUNCILBUSINESS MEIT17M A5 Terry • TIGARDCHALLTOWNHALL . • 13123125 SW Hall Blvd. O Duplicate Affidavit 13125 S.W. HALL BOULEVARD. 71GARD. OREGON . Tigard, Oregon 97223 Study Sessbn (lbam Hnti CoufeM10 Room) 5:30 P.M. • Disc; Year 4 Solid Wam Roduction PMFM r. r. • Agenda Review . fU ..VYii 10 AFFIDAVIT OF PUBLICATION r•,nv.c. BitslttenMettin$$(7:30PA9.) STATE OF OREGON. ) ° Prca11 1do !!'re In dot 'r • 3^ : , . COUNTY OF WASHINGTON, )ss. ~'ICafdP$EIZSIfdACIeE[ Judith Koehler CfT)FbciiitafoeY being first duly sworn, depose and say that 1 am the Advertising _ drOta Plattetlaith AwAaretne9 Month - a his principal clerk, the. Ti Times--. - CSumsem adficats of Achievement for Exeelleltce in Flnzaciai e newspaper of general circulation as defined ned in ORS 193.010 ~wdnS and 183.020: published at.--.-_-Ti$ar~ -___.__._In the • • and DistlngulgiedBudget Award al said count png atgt0.5.9 ,no " ty.CfluT1~1 kiU9lnes_.MBetin~ • (ifsilDiacfumJ~onmepertsfromStaft - a printed copy of which is hereto annexed, was published In the AApprovaliof c pe Wait FOPteRe( ttten~ations Piup0aal h~s F~ Road entire issue of said newspaper for___-Otis-_-succeasivo and Billboard on Scoll - consecutive in the following issues: - LinkAbraugeSPtopi:M - Charter Amendments Sept. 23, -1993 - - COUP A Considdration Pt tkiag Restrictions on S.W. Dartmouth Street and S.W. 728d _ Avetu t T I 1 • Public Hearings LegaliradonofRighs•of--Way for S.W. 93rd Avenue Subscribed and sworn to, pefore me this-.-23rd Clay-of_-$eptem r OFFICIAL SEAL - 1.egali=dmofRight•of-Way for S.W. 11 2th Avenue ROBIN A. BURGESS Low Conna Review Board Meeting / NOTARY PUBLIC - OREGON ) P, ` Ic for Oregon MY COMM SMON [PtiNO, M02455 AY 6. ? 997 Executive Session: The Tigard city council ma Into 139scative aion under the provisions of ORS 192.660 (1)d). (e), & (h) to discuss My Commission Expires: i or mlad0ns, real ply ttautectiora, current and pending Blipped AFFIDAVIT T177683 - Publish September 23, 1993. AGENDA ITEM NO. 2 - VISITOR'S AGENDA DATE: SQ®tember 2S. 1.: (Limited to 2 minutes or less, please) Please sign on the appropriate sheet for listed agenda items. The Council wishes to hear from you on other issues not on the agenda, but asks that you first try to resolve your concerns through staff. Please contact the City Administrator prior to the start of the meeting. Thank you. STAFF NAME & ADDRESS TOPIC CONTACTED 1161 5')!E- fe~ O~ 9-7e' C"Ilecv+~ fDm v(GLJL_ 72 ,t2 O St iJ / -7A1W /J ICE hycyf~~ TJGA?D, D.z. ~GE/d0/~ ~~Z i i r og n o v s tors.s t l AJD PLEASE PRINT ~r Proponent - (Speaking In Favor) Opponent - (Speaking Against) Name Name Address roes ame ame ress ress ame Name Address Address Name Name Address Address Name Name Address Name Name r Address m t Name Name Address Address Name Name Address Address h:\Iogin\jo\testity l i Depending on the number of person wishing to testify, the Chair of the Council may limit the amount of time each person has to speak. We ask you to limit your oral comments to 3 - 5 minutes. The Chair may further limit time if necessary. Written comments are always appreciated by the Council to supplement oral testimony. AGENDA ITEM NO. 6 4 DAVE; ° September 28 19931 PUBLIC HEADING (QUASI-JUDICIAL) - LEGALIZATION OF RIGHT-OF-WAY FOR S.W. 112TH AVENUE PLEASE SIGN IN TO TESTIFY ON THE ATTACHED SHEETS { C AGENDA ITEM NO. 6 . PLEASE PRINT Proponent - (Speaking In Favor) Opponent - (Speaking Against) Name Name Address Address e Name Fress Address Add Name Name Address Address Name Name Address Address Name Name Address Address Name Name dress Address Name Name Address Address Name Name Address Address Name Name Address Address Name Name Address Address Name Name Address Address =Mid CITY OF TIGARD, OREGON AFFIDAVIT OF-POSTING In the Matter of the Proposed s, STATE OF OREGON ) County of Washington ) ss. City of Tigard ) begin first duly sworn, on oath, depose a d say: That I posted in the following public and conspicuous places, a copy of Ordinance Number (s) 173 -t34S 3 -JS p 17 3 -Jl- 9 3 -47 which were adopted at the Council Meeting dated 3 copy(s) of said ordinance(s) being hereto atta h d and by reference made a part hereof, on the C; day of 0_ 19 q 3 I' 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, Corner of Pacific Hwy. (State Hwy. 99) and SW Durham Road, Tigard, Oregon Subscribed and sworn to before me this o5 day of (mac . 19 C.3 . ~;S~ Nota ublic f r Oreg F' OFFICIAL SEAL A MCf J. WOLF [i - J. WOLF (•:07ARyPUZLIC OREGON My Commission Expires: CO!~!?diSS' ON NO.01~937 ' 'v cc EtCr~ EXFIncS JU`JE 07.1996 Iogin\jo\affpost 3111 CITY OF TIGARD, ORE~/GON ORDINANCE NO. 93-a 7 r AN ORDINANCE LEGALIZING THE RIGHT OF WAY FOR A PORTION OF S.W. 93RD AVENUE, DIRECTING THAT THE RIGHT-OF-WAY BE SURVEYED AND MONUMENTED, AND DIRECTING THAT A SURVEY MAP AND NARRATIVE BE FILED WITH THE WASHINGTON COUNTY SURVEYOR. WHEREAS, the City Council finds: 1. The right-of-way for portions of S.W. 93rd Avenue, though required as conditions of development, has not been legally established. 2. ORS 223.935 provides the procedures for legalization of roads within a City. 3. The road has been surveyed to determine the location of the road and right-of-way. 4. The City Engineer has filed a written report with the City Council including the survey and other information. 5. A public hearing was ordered by Resolution No. 93-39. Notice of the public hearing was mailed to the owner of each adjoining property on September 8, 1993, and published in the Tigard Times on September 16, 1993. The public hearing was held on September 28, 1993. 6. At the public hearing, testimony was received from person(s) . 7. The Council has determined that legalization for portions of the right-of-way for S.W. 93rd Avenue is in the public interest. THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: The right-of-way for S.W. 93rd Avenue is hereby legalized in accordance with the report filed by the City Engineer and titled "Report Regarding the Legalization of the Right of Way of a portion of S.W. 93rd Avenue." SECTION 2: The City Engineer is directed to cause the road to be surveyed and the centerline and right of way to be monumented by a registered professional land surveyor. The City Engineer is further directed to cause the survey map and narrative for said survey to prepared and filed with the Washington County Surveyor in accordance with ORS 209.250 1 ORDINANCE No. 93-'~ Page 1 SECTION 3: This ordinance shall be effective 30 days after its passage by the Council, approval by the Mayor, and ( posting.by the City Recorder. PASSED:' By _ iincLNmcx -b vote of all Council members present after being ead by number and title only, this a~ day of n!24 , 1993. tat,herine Wheatley, City Re rder APPROVED: This day o Gerald td-wards, Mayor Approved as to form: - V ( C Attorney q / 2- 3 Date 93rdord.cd ORDINANCE No. 93-`q Page 2 _ -.rte-._ _ _ v~~_.__~=G -w _ . REPORT REGARDING THE LEGALIZATION t OF THE RIGHT OF WAY OF A PORTION OF S.W. 93RD AVENUE The subject of this report is the right of way of SW 93rd Avenue between SW North Dakota Street and a point approximately 351 feet north of the north right-of-way line of SW North Dakota Street. Within the subject right of way exists a fully-improved street which has been used by the general public for ten years or more. The street is maintained by the City of Tigard. In accordance with City standards, such local streets typically have a right-of-way width of 50 feet. The west 25 feet of the subject right of way was dedicated by the plat of Reel Acres subdivision. The east 25 feet was dedicated in a separate document recorded in 1981. However, review by Chicago Title Insurance Company has indicated that the persons who signed the 1981 dedication document were not the legal owners at the time that the document was recorded. Apparently, confusion resulted from changes in ownership that were occurring during the same time period. Subsequent changes in ownership have further confused the issue, making it difficult to determine which parties would now sign dedication documents to correct the 1981 dedication flaw. To resolve this issue, it is proposed to use the legalization 1. process provided in ORS 223.935 which provides for legalization of a city road "if, through omission or defect, doubt exists as to the legal establishment or evidence of establishment of a public road." A survey of the right of way has been completed by a registered land surveyor as indicated on the attached preliminary legal description and survey map. If the legalization process is approved by the City Council, the surveyor will monument the right of way location and record the completed documents with Washington County. It is recommended that the Council authorize the legalization of SW 93rd Avenue right of way as described in the attached documents. Date 9- P' 1 3 Randall R. Wooley City Engineer rw/93-rep F 1 (~~a o O LE M W La J z M LO o) m NORTH DAKOTA STREET ir 0 Q N Q1 j LU W W l :D z z z W 1,, Q Q Q z 't N 0 m -F C) W 2 W ~ Q wz > ~ Q N T (T~ C) Y/ VICINITY MAP 1 1 DESIGN BY APPROVED BY DRAWN BY CITY OF TIGARD CAB SCALE DATE DWG FILE OREGON N.T.S. 8-4-93 N: DETAILS/VICINITYI.DWG WOW= PRELIMINARY COPY LAYNE CASWELL SURVEYOR, INC. REGISTERED LAND SURVEYOR 6120 S.W. Lombard Avenue Telephone 503/644-3179 Oregon - Washington - Idaho Beaverton, Oregon 97005 FAX 503 / 644-3190 June 8, 1993 Job No. 5106-2 RIGHT-OF-WAY DESCRIPTION FOR A PORTION OF S.W. 93RD AVENUE A parcel of land in Lot 23 "Ashbrook Farm" in the Northwest quarter, of the Southeast quarter of Section 35, Township (1) South, Range (2) West, Willamette Meridian, Washington County, Oregon, said parcel to be described includes a 25.00 foot dedication made in "REEL ACRES" subdivision and a tract of land { described in a "Street Dedication" document recorded January 27. 1981 as Fee No. 81002981 of the Washington County Records, said parcel being more particularly described as follows: BEGINNING at the Northeast corner of Lot 4 "REEL ACRES" subdivision, said corner bears SO°12'00"E 259.02 feet and S89°31'20"W 145.00 feet from the Northeast corner of Lot 23 "ASHBROOK FARM". thence N89°31'20"E 50.00 feet to the Northeast corner of that tract described in Fee No. 81002981; thence SO°12'00"W, parallel with the East line of Lot 23 "ASHBROOK FARM" and along the East line of Fee No. 81002981, 350.92 feet to the Southeast corner thereof: thence S89°10'00"W 50.00 feet to the Southeast corner of "TRACT B" "REEL ACRES". thence NO.12'00"W, alone the East line of tract "B" and Lots (1) thru (41 "REIN. ACRES" to the Point of Beainnine. BOUNDARY SURVEYS • SUBDIVISIONS • TOPOGRAPHIC MAPPING CONSTRUCTION STAKE-OUT CITY OF TIGARD, OREGON ORDINANCE NO. 93-_Q~_ AN ORDINANCE LEGALIZING THE RIGHT OF WAY FOR A PORTION OF S.W. 112TH AVENUE, DIRECTING THAT THE RIGHT-OF-WAY BE SURVEYED AND MONUMENTED, AND DIRECTING THAT A SURVEY MAP AND NARRATIVE BE FILED WITH THE WASHINGTON COUNTY SURVEYOR. WHEREAS, the City Council finds: 1. The right-of-way for a portion S.W. 112th Avenue, though required as a condition of development, has not been legally established. 2. ORS 223.935 provides the procedures for legalization of roads within a City. 3. The road has been surveyed to determine the location of the road and right-of-way. 4. The City Engineer has filed a written report with the City Council including the survey and other information. 5. A public hearing was ordered by Resolution No. 93-39. Notice of the public hearing was mailed to the owner of each adjoining property on September 8, 1993, and published in the Tigard Times on r September 16, 1993. The public hearing was held on September 28, 1993. 6. At the public hearing, testimony was received from person(s). 7. The Council has determined that legalization for a portion of the right-of-way for S.W. 112th is in the public interest. THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: The right-of-way for S.W. 112th Avenue is hereby legalized in accordance with the report filed by the City Engineer and titled "Report Regarding the Legalization of the Right of Way for a Portion of S.W. 112th Avenue." SECTION 2: The City Engineer is directed to cause the road to be surveyed and the centerline and right of way to be monumented by a registered professional land surveyor. The City Engineer is further directed to cause the survey map and narrative for said survey to prepared and filed with the Washington County Surveyor in accordance with ORS 209.250 t ORDINANCE No. 93- Page 3 SECTION 3: This ordinance shall be effective 30 days after its passage by the Council, approval by the Mayor, and ( posting by the City Recorder. PASSED: By Un Ct.4 Ui-- M 01AA- vote of all Council members present after being read by number and title only, this c2ff-`--z^ day of 1993. Catherine Wheatley, City ecorder APPROVED: This day of Ger Edwards, ayor Approved as to form: City torney ~73 Date 93rdord.cd ORDINANCE No. 93-c 5 Page 4 REPORT REGARDING THE LEGALIZATION OF THE RIGHT OF WAY OF A PORTION OF S .W. 112TH AVENUE The subject of this report is the right of way of SW 112th Avenue between SW Gaarde Street and a point approximately 370 feet south of the south right-of-way line of SW Gaarde Street. Within the subject right of way exists a fully-improved street which has been used by the general public for approximately twenty years.. The street is maintained by the City of Tigard. A right-of-way dedication was recorded for the subject portion of 112th Avenue in 1972. However, the dedication was apparently not signed by the appropriate parties. Subsequent changes in ownership have further confused the issue, making it difficult to determine which parties would now sign dedication documents to correct the 1972 dedication flaw. To resolve this issue, it is proposed to use the legalization process provided in ORS 223.935 which provides for legalization of a city road "if, through omission or defect, doubt exists as to the legal establishment or evidence of establishment of a public road." A survey of the right of way has been completed by a registered land surveyor as indicated on the attached preliminary legal description and survey map. If the legalization process is approved by the City Council, the surveyor will monument the right of way location and record the completed documents with Washington County. It is recommended that the Council authorize the legalization of SW 112th Avenue right of way as described in the attached documents. Date Randall R. Wooley City Engineer rw/112-rep GAARDE STREET GAARDE STREET f i AREA 70 8 LEGALOM 4 _W W i Q Q d' PGA Q TARN ROAD BULL MOUN VICINITY MAP DESIGN BY APPROVED BY DRAWN BY CITY OF TIGARD CAB OREGON SCALE DATE DWG FILE N.T.S. 8-4-93 VICINTY2.D WG I PRELIMINARY COPY LAYNE CASWELL SURVEYOR, INC. REGISTERED LAND SURVEYOR 6120 S.W. Lombard Avenue Telephone 503 /64431 79 Oregon - Washington - Idaho Beaverton. Oregon 97005 FAX 503 / 644-3190 I June 2. 1993 ; Job No. 5107-2 t 3 BOUNDARY DESCRIPTION OF j A PORTION OF S.W. 112TH AVENUE 5 A tract of lard in the Northwest quarter of the Northeast quarter of Section 10, Township 2 South, Range 1 West, Willamette Meridian, Washington County. Oregon, said tract being more particularly described as follows: i Beginning at a point on the North line of "Amended Plat of Canterbury Place" which bears N89°10'46"E 20.34 feet from the initial point of said plat: thence NO°36'26"E, parallel with the East line of "Cole's Acres", a dulti- recorded subdivision 371.11 feet to a point on the South right-of-way line of S.W. Gaarde Street (County Road No. 358) said point bears S89°56'00"E 680.00 feet and SO°36'26"W 20.00 feet from the North quarter corner of Section 10: thence S89°56'00"E 50.00 feet along the South ris?ht- of-way of S.W. Gaarde Street: thence SO°36'26"W 370.34 feet to the North line of "Amended Plat of Canterbury Place": thence S89°10'46"W 50.00 feet to the Point of Be^innin!?. Containing 18,536 square feet. BOUNDARY SURVEYS SUBDIVISIONS TOPOGRAPHIC MAPPING CONSTRUCTION STAKE-OUT CITY OF TIGARD, OREGON ORDINANCE NO. 93- aLP AN ORDINANCE AMENDING TMC 10.28.130 TO PROHIBIT PARKING ON SW DARTMOUTH STREET. WHEREAS, TMC 10.28.130 prohibits parking at any time on portions of certain public streets in Tigard; and, WHEREAS, SW Dartmouth Street has been designed to function as a collector street with no on-street parking; and, WHEREAS, parking prohibitions are necessary to provide the street capacity needed to serve the developing Tigard Triangle area at an adequate level of service. THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: TMC 10.28.130, designating the streets or portions thereof where parking is prohibited at all times, is hereby amended by adding the following: "(81) Along both sides of SW Dartmouth Street between SW 68th Parkway and SW Pacific Highway." SECTION 2: This ordinance shall be effective 30 days after its passage by the Council, approval by the Mayor, and posting by the City Recorder. PASSED: By U O(.f. lI7! DcLS vote of all Council members present after being read by number and title only, this day of 1993. Brine Wheatley, City corder APPROVED: This day of---~ ~e, r 19 Ger d R. Edward e, ayor Approved as to form: ty Attorney t j /s3 Date ORDINANCE No. 93-dul Page 1 CITY OF TIGARD, OREGON ORDINANCE NO. 93-,;Y? ( AN ORDINANCE AMENDING TMC 10.28.130 REGARDING THE PORTIONS OF SW 72ND AVENUE WHERE PARKING IS PROHIBITED. WHEREAS, TMC 10.28.130 prohibits parking at any time on portions of certain public streets in Tigard; and, WHEREAS, SW 72nd Avenue south of Pacific Highway is designated as a major collector street in the Comprehensive Plan; and, WHEREAS, parking prohibitions are necessary to provide the street capacity needed to safely serve the commercial and industrial areas along SW 72nd Avenue at an adequate level of service. THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: TMC 10.28.130(35) is hereby amended to read as follows: " (35) Along both sides of SW 72nd Avenue between the Beaverton-Tigard Highway (State Highway 217) and the south city limits." SECTION 2: TMC 10.28.130(40) is hereby amended to read as follows: "Within the paved portions of SW 72nd Avenue between Pacific Highway and the Beaverton-Tigard Highway (State Highway 217)." SECTION 3: This ordinance shall be effective 30 days after its passage by the Council, approval by the Mayor, and posting by the City Recorder. PASSED: By (,lnCC/1,/),) y_t5 vote of all Council members present after being read by number and title only, this ~?r" day of ern ~ie~ , 1993. C herine Wheatley, City R6korder APPROVED: This f _ S ' day of " y 3ti , A993. Ger d R. Ed r , Mayor App ed as v fc~ mY J Ci Attorney' Ct Date r'a/72-zes ORDINANCE No. 93- Page 1 i i COUNCIL WORKSHOP DISCUSSION - 9/28/93 COUNCIL ACTION SOUGHT TONIGHT 1. Clear determination on what the guiding principles are the for solid waste structure as we add a Yard Debris Program; and 2. Direct staff to prepare a resolution for 10/12/93 to appropriate funds for a financial/technical review of Yard Debris Program options. HIGHLIGHTS OF ISSUE # 1 • DEQ had required yard debris collection at curbside effective 7/1/94 • Haulers' recommended increase is $4.72 e per residential customer effective 7/1/94 • Rate increase assumes: Ce ov.. _Ars - ►r-°rn, • 60 gallon cart picked up every other week • pickup done at curbside, mechanically assisted • mini can (20 gallon) for mixed waste still available • residential/commercial subsidy not changed • no waivers allowed • enforcement of program will not require additional City staff GUIDING PRINCIPLES FOR PRIORITIZING i In order for any meaningful review to take place, the Council should clearly determine what the guiding principles are for the solid waste rate structure. The following list is a compilation of requirements from State law, our City's franchise ordinance and past direction from Council. Staff recognizes that some of these are conflicting principles: • Uniform rates for all geographic areas; • Base rate schedule on the level of service rendered or required by law; • Comply with State, Metro, and local laws (including Federal ADA); • Encourage recycling and waste reduction; • Maintain a financially stable disposal system in the aggregate for haulers; • Maintain the current rate subsidy of residential by commercial service line; • Generators can collect and transport their own waste; and • Mixed waste rates will include cost for recycling services. COUNCIL DIRECTION FOR YARD DEBRIS PROGRAM RATE ADOPTION In other words, what is the driving force or bottom line reason for Council as they review yard debris being added and approve a new rate in 7 months? • cost of the program; • long-term efficiency of haulers to control costs; • public acceptance of the program; effectively reducing yard debris waste; • solid waste enforcement should not require more City staff; I HIGHLIGHTS OF ISSUE # 2 For the following reasons, Staff recommends hiring a firm to give both technical and financial review C o the Yard Debris Program: • First time City has designed and implemented new solid waste program (yard debris) - in the past, staff has reviewed financial reporting forms, renegotiated franchise agreements, coordinated efforts with regional jurisdictions, reviewed issues with haulers • Timeline for implementation VERY aggressive • Significance of issue: 1 • affects at least 85% of the City residents (10,095 units - 8600 customers) } • 36916 increase in solid waste bill possible - $13.10 to $17.82/month (this does not consider a METRO tip increase which could be as much as $.76/month on 7/1/94) I • $60/year increase to residents no matter what the value of their home or income level (higher increase than the last tax base increase) ; YARD DEBRIS PROGRAM REVIEW & IMPLEMENTATION °s This review would focus on Yard Debris and not other unrelated solid waste rate issues. Last study proposal (Loreen's memo dated 9/17/93) estimated to cost $75,000+. The following review proposal should cost about $20,000 for a contractor. a 4 The review would summarize proposed design parameters and address the following features and alternatives: • cans at curbside • frequency of collection • size of carts or cans • mechanically assisted vs manual collection • how excess material is collected & charged • waiver program • absorb program into mixed waste charge as we currently do or should yard waste cost be identified separately from other charges • identify advantages and disadvantages of options Attached is the scope of review for a financia! and technical study for Staff and Council review and assist Council in their decision making process next Spring. P-M SCOPE OF FINANCIAL AND TECHNICAL REVIEW f YARD DEBRIS PROGRAM A. STAFF Document requirements from regulators (DEG, Metro, Wash. Cnty.) • what is needed to have program meet requirements • what approaches or options to programs are recommended by regulators B. STAFF Document requirements (issues) for end market(s) - Rod Grimm C. STAFF What other jurisdictions have done (what worked what didn't) • effectiveness of program (results) • community satisfaction • mechanically assisted vs. manual collection D. STAFF Implementation recommendation - demonstrate systematic/reasonable approach - step by step approach • Gain citizen input E. CONTRACT Look at review full range of recycling options • end market drop off by citizens • grass-cycling (mulcher mowers) • use of professional landscapers that remove yard waste • active composting F. CONTRACT Preliminary review of haulers' proposed rate and assumptions • rate of return effect equipment cost • yard debris waste • collection time • mechanically assisted vs manual collection (develop and review impact of curb & yard rates being implemented for mixed waste & recycling) -rd G. CONTRACT Rate Implementation options - phase in rate to gain specifics at-out our we debris waste type H. CONTRACT Produce technical & financial data for Staff & Council review & decision- making process a 00 S+md,6 Session MEMORANDUM g12.2143 ( CITY OF TIGARD, OREGON TO: Pat Reilly, Ci A inistrator FROM: Loreen Edin DATE: September , 1993 SUBJECT: Solid Waste Update Discussion With Council (9/28/93) COUNCIL REVIEW AND ACTION NEEDED BY 5/1/94: Over the next few months, the City Council will be dealing with a number of solid waste related issues. DEQ has advised the City that'we are required to implement a curbside yard debris collection program no later than 7/1/94. This action alone will have a significant impact on rates. Following is a list of solid waste issues and a tentative timeline for Council review and action: • 09/28/93 ADOPT YEAR 4 PLAN - approve resolution • 09/28/93 WILSONVILLE TRANSFER STATION - update discussion • 09/28/93 AUTOMATION & YARD DEBRIS STATUS - direction from Council • 10/12/93 RATE STRUCTURE FINANCIAL ANALYSIS - authorize budget authority for rpt. • 02/15/94 RATE STRUCTURE - Council workshop review financial analysis rpt. r 04/12/94 - Council public hearing b 05/01/94 - Council adoption HISTORICAL PERSPECTIVE: A brief historical review will show that Tigard has franchised solid waste collection for 33 years. However, our involvement in the franchise review has changed dramatically in the last 7 years. Mid 1960's - First Tigard franchise ordinances 1986 - Started residential curbside recycling & commercial recycling (2 trips/week) 1987 - Annual financial reporting required from Haulers (8-12% aggregate rate of return) 1992 - Franchise ordinance revision - automatic renewal terms change from 10 to 7 years 1992 - Coopers & Lybrand financial review of Tigard haulers - Annual finance report form revised - (owner's compensation limits) - Red recycling bins at curbside - added milk jugs & magazines in residential 1993 - Service Standards implemented 1993 - Residential cart/automation service provided at curbside (phase-in over 2 years) RATE CHANGE HISTORY - Rates for 1 residential can per week Year Item Changed Rate 1979 Garbage pickup (1 trip/week) $ 5.00 1986 METRO Tip fee ($17.38/ton) & Recycling (2 trips/week) $ 8.10 1993 METRO Tip fee ($75/ton) $13.10 1994 Yard debris recycling at curbside and $18.86 -WN REVIEW OF RATE IMPACTING ISSUES: Solid waste changes that will impact Council's consideration of a new rate structure (effective 7/1/94) are: • METRO tip increase ($.76/month per cart preliminary estimate - $10/ton) • Yard Debris recycling ($4 to $5/month/cart preliminary estimate) • Curbside & yard rate structure (automated collection of mixed waste and yard debris) Recognizing that this significant change will need careful financial and technical review, staff recommends retaining firm to perform an analysis of these changes. The firm must provide financial analysis expertise as well as be familiar with the solid waste industry. In order for any review to take place, the City must be clear in what the guiding principles are for the solid waste rate structure. The follpwing list is a compilation of requirements from State law, our City's franchise ordinance and past direction from Council: * Uniform rates for all geographic areas; * Base rates on the level of service rendered or required by law; * Comply with State, Metro, and local laws (including Federal ADA); * Encourage recycling and waste reduction; * Maintain a financially stable disposal system in the aggregate; * Maintain the current rate subsidy of residential by commercial service line; * Generators can collect and transport their own waste; and * Mixed waste rates will include cost for recycling services. The City will also need to make some assumptions about the waste stream and services to be offered to give further guidance in developing a rate structure. Attached is a list of rate assumptions currently C used with our rate structure, DEQ requirements, Council direction, and industry practice. Staff would recommend bringing back to Council at the 10/12 meeting, a resolution authorizing budget appropriation for a financial analysis. A scope of work for the review is also attached. 1e\cathy\swrate928 RATE STRUCTURE ASSUMPTIONS: • Automated weekly collection of garbage will be mandatory for all service lines no later than 1 /1 /95 and encouraged at curbside; • Automated every-other-week collection of yard debris will be mandatory for residential & multi- family services no later than 7/1/94 and encouraged at curbside; • A mini can (20 gallon) available to residential customers; • Rates will be developed based on the following service types: j * Residential (carts) * Multi-Family (carts or containers) * Commercial (containers) * Drop Box * Medical Waste • Residential rates will be based on a curb and yard rate according to the length of distance from the curb: * Curb rate applies between 0' - 5' of curb * Yard rate applies between 5' - 50' of curb * Over 50' from curb is charged on a per foot basis • Annual rate modifications shall be set to protect the 8% to 12% aggregate net profit margin for haulers; • Metro tip fee adjustments will include franchise fees assessed on assumed weights: • Future service enhancements should be reviewed prior to implementation after the haulers demonstrate what affect the increased service will have on the business; • Solid waste enforcement should not require more City staff; • Provide mixed waste and recycling services (including yard debris) for all City facilities, parks, and City activity areas at no cost to the City on a regular schedule. SCOPE OF WORK FOR FINANCIAL ANALYSIS: • Determine how to provide residential & multi-family yard debris collection program (curbside, automated, every-other-week) * Type of waiver program (who participates, who doesn't, how determined and enforced) • Develop methodology for determining new rate structure (including yard debris program) * set base rate at curb that will have most limited impact on aggregate rate of return • Review Haulers' weight assumptions and cost estimate for Yard Debris Program • Identify an adequate rate of return based on industry standards in light of today's economy (6%0 - 12%, 8% to 121%, or • Gather data from other jurisdictions within Metro area (selected communities outside Metro area may be used if comparable to Tigard) * Compare rate structure methodology, residential rate subsidy information and trends, yard debris program & waiver program statistics, etc. * Compare effectiveness of public information programs for automation, curbside service, & yard debris promotions. * Compare to proposed Tigard rate structure • Document the results of financial and technical analysis in report form • Present draft report to City staff (1/15/94) • Present final report to City Council at a workshop (2/15/94) • Assist with public information sharing - CITs, Cityscape, Chamber of Commerce • Present final report and recommendations at a Council Public Hearing (4/12/94) 010 September 1, 1993 Gerald R. Edward, City of Tigard 13125 SW Hall Tigard, OR 97223 Subject: Boy Scout Eagle Project Recognition Dear Mr. Edwards: I really appreciate your interest in my Eagle Project. Per Cathy Wheatley's instructions last week, I'm submitting the following summary regarding the Eagle project I directed on August 27, 1993: On August 27, 1993 nine (9) boys from Boy Scout Troop 299, one (1) boy from Cub Scout Pack 419 and one (1) boy from Cub Scout Pack 232 directed by Tracey Taylor from Boy Scout Troop 299 carried out an "Eagle Project" involving the cleaning of "Pathfinder Creek" (this creek has no name; it flows into Fanno creek). The project took many hours of planning, organizing, and follow through using leadership skills on the part of Tracey Taylor. There was a lot of debris extracted from the creek along with tires, highway cones, shoes, milk crates, and general garbage. Thanks to companies like Pride Disposal, who donated, delivered, and pick up a receptacle for the debris and garbage collected off this project, volunteer projects like this one can be performed to better the community we live in during times of cutbacks. The older Boy Scouts were an exemplary example for the participating Cub Scouts on the impact Scouting has in our community. The clean up team for the above mentioned project will be in attendance at the September 28, 1993 Town Meeting at 7:30 at Tigard City Hall per your request. They are as follows: NAME SCOUT RANK Tracey Taylor, Project Leader Life Scout Scott Davis Eagle Scout Chad Clark Life Scout Brian Moore Eagle Scout Dale Miller New Scout Curt Peterson First Class Scout Chris Chandlee Life Scout Ryan Chandlee Eagle Scout Mark Blankenship First Class Matt Iadanza Life Scout ` Billy Vest 2nd Year Webelos Cub Scout Cody Taylor 1st Year Webelos Cub Scout 3 s f Mayor Gerald R. Edwards September 1, 1993 Page 2 Troop 299 has contributed to many community undertakings with Eagle Projects being conducted by the attached list of Scouts. We look forward to meeting you at the Town Meeting on the 28th. Sincerely, ovrl/' l QQQ Tracey C.L. Taylor cc: Mike Kay, Scoutmaster Troop 299 'rr~c~r~~~' •~z~~ ~r-rc.~~_w ~~ct:au'rs ~,r~r~ F'~raiJ~c:T~ t'_i.rt I!. 1::tirir,in 1.0 VDG t i r.-, :-r c: Fe I,- rt c-' f c 'r 'v is Eu..t c_t 1_1 F.-I 7. a. r'r , I. C., c3 t a r, r.{ ..-•'g9 E=1 oral=>'t. •za i (':)r; t..i E c. t C) r-s h4(DU1-71 floor! 4. t 9 as I—$ r-r r- F' E'A r t: c:.1 E:• EX rr t_1r) c:i rt c:! l_ t_t :t 1 d r.'! t : n c_~ t c'%; t=_. V- E• { t I b 1 4-', i-t Li J. t::: I 'I i. C. f'X V- E:i:' ca C_. 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Ik. ~f ~ MC•P ~'I l1 O'F "`yr"" eye PROCLAMATION CRIME PREVENTION MONTH 1993 WHEREAS, it has been proved that community crime and drug prevention efforts are reducing victimization and helping to rebuild a sense of mutual • responsibility and shared pride in community; and WHEREAS, successful crime and drug prevention programs depend on effective partnerships among law enforcement, concerned individuals, F governmental agencies, schools, community groups, businesses, and neighbors; and WHEREAS, crime and drug prevention are more than self-protection and security, but encompass the promotion of positive alternatives to ! delinquency and drug use among young people and encourage youth to recognize their personal stake in their schools and neighborhoods; and !!fuaa WHEREAS, it is essential to raise public awareness of crime and drug prevention and increase involvement in crime prevention and related community service programs. ' NOW, THEREFORE BE IT RESOLVED THAT ds, Uayer-e+ the City of Tigard, Oregon, coo hereby proclaim October 1993 as: f VUll CRIME PREVENTION MONTH in Tigard and call upon all citizens, governmental agencies, public and ^ private institutions, and businesses to increase their participation in our community's crime and drug prevention efforts. Iplt'a v Dated this day of .1993. ~"R,Flllllt~~;,, j+""Illf IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Tigard to be affixed. , Gerald R. Edwards, Mayor e''iiifF City of Tigard Attest: City Recorder w, F 4 1► 'r;f fl~ via .i 1+• ~ ~ • 1. ~t l 1 T jJif f Cawtca'l. All u ' (ti L " ~i+ f(V A "5 fYld o~ ~ 043 PROCLAMATION Recycling Awareness Week WHEREAS, cities and counties are working together to provide effective, efficient waste reduction and recycling programs to Oregonians; and z~~illl)'' WHEREAS, public agencies and private businesses are incorporating cost-effective waste reduction practices into their everyday activities; t and iii rjidru WHEREAS, Oregon youth are taking an active role in preserving our , natural environment for generations to come. a~y} o s~ NOW THEREFORE BE IT RESOLVED THAT wards, ti!1i(~ lR17br-of the City of Tigard, Oregon, cl#l ereby proclaim the week of ?~tUII1Tu October 2-9, 1993 as the eighth annual ~..n RECYCLING AWARENESS WEEK _•iidiY in the City of Tigard, and encourage each citizen to practice the +r essential environmental habits of reuse, reduction and recycling in their homes, workplaces and schools. L~ PA' Dated this day of .1993. i IN WITNESS WHEREOF, I have hereunto set my hand and caused the ` Seal of the City of Tigard to be affixed. Gerald R. Edwards, Mayor j ?7A~lli; City of Tigard Attest: u~t(! City Recorder I ``Ai'hw ■ j ;mn" U1 \ / t'^'' ' T'' nC. 'its. J fti,,,,.~f a` 1i• u/ A ® 1~ For Council President Schwartz: Agenda Item 3.6 a. Acknowledgement & Recognition - Certificate of Achievement for Excellence in Financial Reporting has been awarded to the City of Tigard. The Government Finance officers Association wrote the following to Mayor Edwards: "This is the highest form of recognition of governmental accounting and financial , reporting, and its attainment presents a significant accomplishment by a government and its management." (Cathy will give you the award to show for audience/camera....) (Ask Wayne Lowry, Finance Director, to come forward) When a Certificate of Achievement is awarded to a government, an Award of Financial Reporting Achievement is also presented to the individual designated by the government as primarily responsible for its having earned the certificate. Congratulations to Wayne Lowry for receiving this honors i (Cathy will give you the Certificate to present to Wayne) b. Tigard has also received, every year since 1987, the Distinguished Budget Presentation Award. I am pleased to announce that the City of Tigard recently was advised we were awarded a Distinguished Budget Presentation Award for the Fiscal Year Beginning July 1, 1992. In order to receive this award, the City must publish a budget document that meets program criteria as a policy document, as an operations guide, as a financial plan, and as a communication device. (Present to Wayne - Cathy will give you the award....) 1 For Council President Schwartz: Agenda Item 3.6 a. Acknowledgement & Recognition -tCertificate of Achievement for Excellence in Financial Reporting has been awarded to the City of Tigard. The Government Finance Officers Association wrote the following to Mayor Edwards: "This is the highest form of recognition of governmental accounting and financial reporting, and its attainment presents a significant accomplishment by a government and its management." (Cathy will give you the award to show for audience/camera....) (Ask Wayne Lowry, Finance Director, to come forward) When a Certificate of Achievement is awarded to a government, an Award of Financial Reporting Achievement is also presented to the individual designated by the government as primarily responsible for its having earned the certificate. f Congratulations to Wayne Lowry for receiving this honor! j (Cathy will give you the Certificate to present to Wayne) i b. Tigard has also received, every year since 1987, the Distinguished Budget Presentation Award. I am pleased to announce that the City of Tigard recently was advised we were awarded a Distinguished Budget Presentation Award for the Fiscal Year Beginning July 1, 1992. In order to receive this award, the City must publish a budget document that meets program criteria as a policy document, as an operations guide, as a financial plan, and as a communication device. (Present to Wayne - Cathy will give you the award....) COUNCIL AGENDA ITEM y~~ ! C CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF: SEPTEMBER 14, 1993 DATE SUBMITTED: AUGUST 20, 1993 ISSUE/AGENDA TITLE: 1993-94 INTER- PREVIOUS ACTION: ADOPTION OF GOVERNMENTAL AGREEMENT WITH WASH. d YEAR 3 PLAN COUNTY - YEAR 4 WASTE REDUCTION P PREPARED BY: LOREEN EDIN DEPT HEAD OK CITY ADMIN OK REQUESTED BY: LOREEN EDIN i a ISSUE BEFO THE COUNCIL Should the City participate in the Washington County Wasteshed Plan to meet Metro waste reduction goals? STAFF RECO11MENDATION Participate in Year 4 of the Waste Reduction Plan in conjunction with all cities within Washington County by approving an intergovernmental agreement with the County. INFORMATION SUMMARY Metro has established a Regional Solid Waste Management Plan which includes a Waste Reduction Chapter. This plan provides that Metro must establish a five-year work plan for solid waste reduction and identifies specific y programs for local governments to implement. The cities and County in Washington County determined in 1990 that it would be most cost effective to participate together and adopt an annual work program as the Washington County Wasteshed. This was done for Years 1 - 3. It is now time to adopt the Year 4 work plan. Attached is a summary of those tasks along with the revenue allocations. Again, as in past years, under the plan, each city will pay to Washington County, as Program Administrator, the amount identified as that city's share for administrative cost as allocated under the annual plan from Metro. A resolution adopting an intergovernmental agreement with other Washington County cities and the County is attached. A full copy of the intergovernmental agreement can be viewed in the City Recorder's office. PROPOSED ALTERNATIVES 1. Participate in the Year 4 work plan as a part of the Washington County Wasteshed. 2. Do not participate in the County-wide program and adopt a plan for the City of Tigard pursuant to the requirements in ORS Chapters 268 and 459. FISCAL NOTES 1. Funding for the 93-94 work plan is provided by Metro grant monies which Tigard will pay to Washington County to administer the program. 2. Unknown. Waste Reduction basks - Year 4 Task I Comply with State Legislation Task II Continue Existing Programs Comply with the 1991 Oregon Recycling Act by: Multi-Family Recycling Provide all apartment complexes Providing a recycling container and once a week with recycling containers and tenant education. collection to residents. Providing expanded recycling education and promotion to all residences and businesses. a. Implementing a Mufti-Family Recycling Program. r M s Yard Debris Recycling Expand program to include curbside collection of yard debris. In-House Recycling f, Increase the number of recyclables collected and provide employee education. sP Building Design Review iif.PO+e Incorporte into h the building design/site plan review 4'a''Gy9 process, language requiring recycling areas in new mufti-famity, commercial and institutional rl%zC developments. Construction/Demolition Debris Recycling Incorporate construction/demolition debris recycling into Task III New Waste Reduction local government renovation and development projects Programs for Fiscal Year 1993-1994 whenever economically feasible. Household Hazardous Waste Comprehensive Commercial Educate residents on Household Hazardous Waste Recycling Plan minimization and proper disposal. Continue to develop commercial waste reduction and recycling Evaluate Feasibility of Adding services in order to meet the state New Materials to the Curbside Program recovery goal of 50% by the year 2000. \ Based on economic and technical feasibility of collection and prevailing markets, add new materials to the curbside program. NF Recycling Depots Promote recycling depots collecting non-curbside items. AP T, School Recycling Provide schools with the opportunity to participate in waste reduction, reuse and recycling programs through the Rates + Green Schools Program. Review rates for disincentives to recycling and waste reduction programs. VMS r VOL Waste Reduction Program Planning all Develop Year 5 of the Regional Waste Reduction C Program. Participate in the planning process for the next ~d 5 year program. Assess future funding to continue the Cooperative Recycling Program. Local G®vemment scope of Responsibility r COUNTY AS PROGRAM ADMINISTRATOR CITIES & UNINCORPORATED COUNTY • Plan Development ROLES IN PROGRAM • Data Collection & Compilation • Rate Setting Authority for Franchised Haulers • Reporting Requirements • Internal Recycling Programs: • Program Coordination In-House Recycling Programs • Technical Assistance to Local Governments Procurement Policies • General Public Information Building Design Review Adoption • General Promotion Mufti-Family Recycling Service Resolution or Ordinance • Public Education • Waste Reduction Enforcement: Pro Implementation: Program Implementation Assurance • gram Complaint Investigation Residential Curbside Recycling Program Service Standard Adoption Coordinate & Conduct Waste Audits Report Requirements Commercial Recycling Program Code Revision Mufti-Family Recycling • Contribute Revenue to Program for Administrative Costs: • School Education Designate County as Mufti-Family Grant Administrator • Community Education Designate County as Challenge Grant Administrator • Special Event Promotion Authorize County to Apply for Waste Reduction Grants as Applicable • Coordination With Regional, State, & Local Governments & Agencies • Contribute Revenue to Program & Administrative Costs as Lead Jurisdiction I Population and Funding Allocations 1992 Metro Franchise Total Jurisdiction Population Challenge Grant Fee Funding Allocation Funding Banks 570 $ 300 0 $ 300 Beaverton 58,785 $ 16,708 0 $ 16,708 Cornelius 6,425 $ 1,826 0 $ 1,826 Durham 800 $ 300 0 $ 300 Forest Grove 14,010 $ 3,982 0 $ 3,982 Hillsboro 40,350 $ 11,468 0 $ 11,468 King City 2,065 $ 587 0 $ 587 North Plains 1,025 $ 300 0 $ 300 Sherwood 3,635 $ 1,033 0 $ 1,033 Tigard 31,265 $ 8,886 0 $ 8,886 Tualatin 16,640 $ 4,729 0 $ 4,729 Wilsonville 9,255 $ 2,630 0 $ 2,630 Unincorp. Washington County 164,801 $ 46,840 $126,780 $173,620 TOTALS 349,626 $ 99,589 $126,780 $226,369 COUNCIL AGENDA ITEM y CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF: 9/28/93 DATE SUBMITT'8D: 9115193 ISSUE/AGENDA TITLE: CDBG Project PREVIOUS ACTION: p► roved submit- Proposals tal of CDBG needs inventory. 10192 PREPARED BY: Duane Roberts DEPT HEAD OK _ CITY ADMIN O REQUESTED BY: Ed Muroh~ psi 7F BEFORE THE COUNCIL Community Development Block Grant (CDBG) Project Applications STAFF RECOMMENDATION It is recommended that the City Council authorize submittal of the three project applications INFORMATION SUMMARY Washington County is accepting project proposals for the 1994-96 CDBG funding cycle. Improvements to Grant Avenue, the Tigard Youth Services Center, and the Tigard Senior Center previously were approved by the City Council as potential projects for which block grants could be sought. The Grant ( Avenue project involves the construction of sidewalks and related standard street improvements along one side of a four block segment of Grant Avenue. The sidewalk will improve safety conditions for children walking to Tigard Elementary and Saint Anthony Schools. The youth center project involves upgrading the existing building and constructing a 680 square foot addition. This expansion will provide needed space for group meetings and classes and for a child care program for teenage parents who are looking for work or involved in job training. The senior center project involves the development of a raised bed planter area and paving of the gravel parking area located on the north side of the center. The planters will provide a healthy outdoor recreation activity for seniors, including those with limited mobility, who enjoy flower and vegetable gardening. Project sponsors are required to rank all projects submitted in order of priority. A certain number of points are assigned based on this ranking. Based on project costs, potential for alternate funding, and other factors, first priority has been given to the Grant Avenue project, second to the youth center project, and third to the senior center project. Copies of the full applications are available in the City Recorder's office. PROPOSED ALTERNATIVES Not to submit one or more applications. E7SCAL NOTES Y The amount requested for the Grant Avenue project is $173,000. The amounts requested for the senior and youth center projects, respectively, are $17,640 and $57,000. A 20 per cent or $ :?;400 City contribution to the Grant Avenue Project is proposed. Part of this match would be in the form of administrative overhead and in-kind contributions, such as project supervision. Approximately $40,000 would be in hard dollars and would come from street improvement funds. A 21 per cent or $4,700 City contribution to the Senior Center project is recommended. Approximately $4,000 would be hard dollars and would come from general revenue funds. A 21 per cent or $15,385 City contribution to the Tigard Youth Service Center project is proposed. About $9,900 would be in hard dollars and would come from general revenue funds. The youth services agency would contribute $4,000 worth of labor for interior/exterior painting. The approval of this resolution does not financially obligate the City. Actual appropriation of funds and acceptance of a grant would require separate budget committee action. The County project selection process calls for grants to be awarded for fiscal years 1994, 95, and 96. DR/Block September 17, 1993 l C COUNCIL AGENDA ITEM CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF: September 28, 1993 DATE SUBMITTED: ISSUE/AGENDA TITLE: Intergovernmental PREVIOUS ACTION: agreement for improvements to Bull Mountain Road PREPARED BY: Randy Woolen DEPT HEAD OK CITY ADMIN OK REQUESTED BY: ISSUE BEFORE THE COUNCIL Approval of intergovernmental agreement for MSTIP project on Bull Mountain Road. STAFF RECOMMENDATION That the Council, by motion, approve the agreement and authorize the Mayor to sign the agreement on behalf of the City. INFORMATION SUMMARY The County MSTIP (Major Streets Transportation Improvement Program) includes $500,000 for improvements to Bull Mountain Road. At the request of the County, the City of Tigard has accepted the lead in selection and administration of the improvements. Meetings with Bull Mountain residents have led to the selection of paved shoulder improvements as the preferred use / of the $500,000. Residents wanted to see facilities for pedestrians and 1. bicycles along Bull Mountain Road. After reviewing alternatives, residents selected paved shoulders as the best way to improve pedestrian and bicycle safety within the $500,000 project budget. (Note: The selected plan generally is to widen the road to provide paved shoulders. However, in a few areas, a pathway will be constructed separate from the existing road where necessary to save significant trees or to match existing improvements.) The project will extend from Pacific Highway to approximately 150th Avenue. The west limit of the project would be revised if necessary to stay within the $500,000 project budget. The County has prepared an intergovernmental agreement providing for the City to administer the project with all costs paid by the County MSTIP. Approval of the agreement is requested. PROPOSED ALTERNATIVES FISCAL NOTES All project costs (up to $500,000) will be paid by the County from MSTIP funds. ( rw/bmr-sum INTERAGENCY AGREEMENT CITY OF TIGARD AND WASHINGTON COUNTY MAJOR STREETS TRANSPORTATION IMPROVEMENT PROGRAM (MSTIP 2) - BULL MOUNTAIN ROAD This agreement is entered into between Washington County, a political subdivision of the State of Oregon, (County); and the City of Tigard, a municipal corporation, (City). WITNEESSETH RECITALS WHEREAS, on September 19, 1989, the voters approved a Major Streets Transportation Improvement Program - Six Year Serial Levy for Roads (MSTIP 2), County now has funds and may enter into cooperative agreements with various cities situated within the boundaries of said County to accomplish certain types of road improvement projects; and WHEREAS, the Major Streets Transportation Improvement Program (MSTIP 2) as approved by the voters specifically provides for an expenditure of $500,000 for safety improvements on Bull Mountain road to be determined by area residents and local governments; and WHEREAS, Bull Mountain road is a county road under the jurisdiction and control of Washington County, and passes through the City of Tigard jurisdiction; and WHEREAS, the City of Tigard, following citizen meetings and other input, proposes 0 construct roadway shoulder improvements on Bull Mountain Road that are expected to enhance safety for bike and pedestrian activity, and the construction of such improvements is within the scope of the MSTIP 2 program; and WHEREAS, by the authority granted by said MSTIP 2, the County may enter into cooperative agreements with various cities within Washington County for the performance of work on improvement projects with the allocations of costs and terms and conditions mutually agreed to by the parties; and WHEREAS, ORS 190.010 authorized agencies to enter into intergovernmental agreements for the performance of any or all functions and activities that a party to the agreement has the authority to perform; and WHEREAS, under the such authority, it is the mutual desire of the County and the City to enter into such and agreement to cooperate in the construction of improvements as described above: -1- NOW, THEREFORE, the premises being in general as stated in the foregoing Recitals, the parties hereto agree as follows: COUNTY OBLIGATIONS 1. County approves the City of Tigard administering the project described above for improvements to Bull Mountain Road. 2. County hereby grants City the right to enter onto and occupy County's right-of-way for the construction of improvements ad described above. 3. County will reimburse City for costs related to project design, right-of-way acquisition, and construction management, up to a maximum of $500,000. 4. County shall upon execution of this contract forward to the City a lump sum of $500,000 for the project. CITY OBLIGATIONS 1. City shall conduct project design, right-of-way acquisition, and construction management for the project, and shall identify and issue or obtain required permits. 2. City represents that it is the Public Contract Review Board for the City and as such, shall perform all activities necessary to obtain materials and services required to complete the project. City shall comply with all applicable contract review rules and procedures. 3. City shall perform work and maintain records of such work in conformance with applicable State and local statutes and regulations. The work and records shall not conflict with any applicable ordinances or regulations. 4. City shall, upon request by the County, compile accurate cost accounting records and furnish the County with an itemized statement of actual costs for the project. When the actual total cost for the project has been computed, City shall furnish the County an itemized statement of said final project costs. If, upon completion, the total costs for the project are less than $500,000, the City shall refund the County the difference. 5. Funds deposited by the County with the City and which are unexpended shall accrue interest based upon the City's rate of return on investments, and any interest accrued shall be returned to the County upon completion of the project. -2- GENERAL PROVISIONS 1. The parties agree to abide by all applicable laws and regulations regarding the handling and expenditure of public funds. 2. Within the limits of the Oregon Tort Claims Act, City and County shall hold harmless, indemnify and defend each other for any and all claims, damages, losses and expenses including, but not limited to, reasonable attorney's fees, in connection with any action, suit or claim, whether in tort or contract, arising out of or resulting from each party's performance or failure to perform any of the obligations herein, or in the referenced contractor's contract, to the extent same are caused by the County or City, their respective employees or agents. 3. Either party shall be deemed to be in default if it fails to comply with any provision of this Agreement. City and County agree time is of the essence in the performance of any of the obligations within this Agreement as related to construction. Complaining party shall provide the other party with written notice of default and allow thirty (30) days within which, to cure the defect. 4. County shall pay City for costs incurred for satisfactorily completed and authorized work up to the time of default. City shall be liable for all costs and damages arising from default by City. 5. County shall be deemed in default if it unreasonably withholds or delays funds for payment of authorized work. In no event, however, shall County's liability exceed the actual cost of constructing the project herein approved, to a maximum total of $500,000. 6. The term of the Agreement shall be from the date of execution until the completion of the project, but not to exceed three years. 7. This Agreement may be amended or extended for periods of up to six (6) months by mutual consent of the parties, subject to provisions of this Agreement. Except for breach it may be cancelled only upon mutual consent. Should the project be cancelled or terminated for any reason beyond the control of the parties, the parties shall in good faith agree to such reasonable provisions for winding up the project and paying for costs incurred as are necessary. -3- i IN WITNESS WHEREOF, the parties hereto have set their hands and affixed their seals as of the day and year hereinafter written. DONE AND DATED this day of , 1993. WASHINGTON COUNTY, OREGON CHAIRMAN BOARD OF COUNTY COMMISSIONERS RECORDING SECRETARY CITY OF TIGARD, OREGON OR ATTEST: CITY RECORDER APPROVED AS TO FORM: Dan R.Olsen Chief Assistant County Counsel JA 1WPSHAREIASITIGAGREE IN COUNCIL AGENDA ITEM 4 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF: September 28, 1993 DATE SUBMITTED: September 9, 1993 ISSUE/AGENDA TITLE: Budget Ad'ust nt PREVIOUS ACTION: Council approval for Bull Mountain Rd Project of agreement. PREPARED BY: Wayne DEPT HEAD OK CITY ADMIN 0 REQUESTED BY: Wayne/Randy FISSUE BEE THE COUNCIL Approval of adjustment to 1993/94 bu get for Bull Mtn Rd project funded by the County. STAFF RECOMMENDATION Approve a resolution to amend the 1993/94 budget to provide for this project. INFORMATION SUMMARY The Bull Mountain Rd project is estimated to cost $500,000 and will be funded by Washington County out of MSTIP funds. The agreement between the City and the County stipulates that the County will send the City the entire $500,000. The City will manage the project and return any funds not used at the end of the project. The County is also entitled to all interest earnings on the funds while in the possession of the City. Local budget law (ORS 294.326(2) allows the council to amend the budget by resolution for funds received in trust for a specific purpose. The attached resolution recognizes the funds provided by the County as revenue and provides the City with budget authority to spend the funds on the project. PROPOSED ALTERNATIVES FISCAL NOTES The attached resolution will establish a new Bull Mountain Road Improvement Fund with estimated revenues and appropriations. COUNCIL AGENDA ITEM y CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF: 9-28-93 DATE SUBMITTED: 9-10-93 ISSUE/AGENDA TITLE: Law Enforcement PREVIOUS ACTION: Mutual Aid Agreement PREPARED BY: Ron Goodpaster DEPT HEAD OK :kW-CITY ADMIN OK REQUESTED BY: Ron Goodpaster ISSUE BEFO THE COUNCIL Approval of an intergovernmental agreement for mutual aid among law enforcement agencies in Washington County. STAFF RECOMMENDATION Recommends approval. INFORMATION SUMMARY The existing mutual aid agreement is outdated and this action will update the agreement. We frequently have situations occur that require assistance from other law enforcement agencies, and we are asked to provide assistance to l outside agencies. The resolution to approve this mutual aid agreement also allows the Mayor or his designee to enter into memoranda of understanding relating to the provision of mutual aid among law enforcement agencies as long as the mutual aid agreement is adhered to. This would allow for ongoing interagency teams, such as narcotics, and for on-duty patrol assistance on an as-needed basis. PROPOSED ALTERNATIVES Approve. FISCAL NOTES Any expense we would bear as a result of this agreement would come back to us in outside assistance being provided to us. COUNCIL AGENDA ITEM CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF: September 28, 1993 DATE SUBMITTED: ISSUE/AGENDA TITLE: Legalization PREVIOUS ACTION: right-of-way for S.W. 93rd Ave. PREPARED BY: Randy Woolev DEPT HEAD OK CITY ADMIN OK REQUESTED BY: ISSUE BEFORE THE COUNCIL Should the City Council legalize the right-of-way for S.W. 93rd Avenue? STAFF RECOMMENDATION Staff recommends approval of the attached ordinance. INFORMATION SUMMARY S.W. 93rd Avenue is an established road which is maintained by the City of Tigard and is travelled by the general public. However, due to land ownership changes at the time of development of certain properties which abut the road,the right-of-way was never dedicated to the public for road purposes. Through a process called legalization of the road, state law (ORS 223.935) provides a process for the establishment of the right-of-way. It is necessary to establish the right-of-way for S.W. 93rd Avenue in order to provide clear definition as to ownership, maintenance responsibilities, and rights of the general public. The legalization process requires that the City Council hold a public hearing to hear any information that controverts the material presented in the attached report and survey. By previous action, the City Council scheduled the hearing for September 28, 1993. PROPOSED ALTERNATIVES 1. Approve the attached ordinance legalizing the road in accordance with the report submitted by the City Engineer 2. Direct that the ordinance be modified. 3. Direct that an order be prepared to abandon the legalization proceedings. FISCAL NOTES The work for surveying, monumenting, and recording the right-of-way is funded from the Engineering Department budget.. agd9Jrd.cd COUNCIL AGENDA ITEM CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF: September 28,, 1993 DATE SUBMITTED: ISSUE/AGENDA TITLE: Legalization o PREVIOUS ACTION: right-of-way for S.W. 112th Ave. PREPARED BY: Randy Woolev _ DEPT HEAD OK CITY ADMIN OK REQUESTED BY: ISSUE BEFORE THE COUNCIL Should the City Council legalize the right-of-way for S.W. 112th Avenue? STAFF RECOMMENDATION Staff recommends approval of the attached ordinance. INFORMATION SUMMARY S.W. 112th Avenue is an established road which is maintained by the City of Tigard and is travelled by the general public. However, due to legal flaws in the 1972 dedication documents the right-of-way was never dedicated to the public for road purposes. Through a process called legalization of the road, state law (ORS 223.935) provides a process for the establishment of the right-of-way. It is necessary to establish the right-of-way for S.W. 112th Avenue in order to provide clear definition as to ownership, maintenance responsibilities, and rights of the general public. The legalization process requires that the City Council hold a public hearing to hear any information that controverts the material presented in the attached report and survey. By previous action, the City Council scheduled the hearing for September 28, 1993. PROPOSED ALTERNATIVES 1. Approve the attached ordinance legalizing the road in accordance with the report submitted by the City Engineer 2. Direct that the ordinance be modified. 3. Direct that an order be prepared to abandon the legalization proceedings. FISCAL NOTES The work for surveying, monumenting, and recording the right-of-way is funded from the Engineering Department budget. agd93rd.cd COUNCIL AGENDA ITEM CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF: September 28, 1993 DATE SUBMITTED: ISSUE/AGENDA TITLE: Parkin restri - PREVIOUS ACTION: tions on Dartmouth Street PREPARED BY: Randy Wooley DEPT HEAD 0 CITY ADMIN OK REQUESTED BY: ISSUE BEFO THE COUNCIL Shall parking be prohibited on Dartm uth Street? STAFF RECOMMENDATION Approval of the attached ordinance. INFORMATION SUMMARY Dartmouth Street is currently under construction in the Tigard Triangle. The street is designed to function as a collector street with no on-street parking. An ordinance is needed to allow the street to be posted as a "no parking" zone upon completion of construction. The attached ordinance will amend the Municipal Code to add Dartmouth Street to the list of locations where parking is prohibited at all times. PROPOSED ALTERNATIVES FISCAL NOTES Signing costs can be charged to the LID. rw/dart-sum COUNCIL AGENDA ITEM ~w CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF: September 28, 1993 DATE SUBMITTED: ISSUE/AGENDA TITLE: Parking restric- PREVIOUS ACTION: tions on SW 72nd Avenue 17. / PREPARED BY: Randy Wooley DEPT HEAD OK CITY ADMIN OK REQUESTED BY: ISSUE BE 0 THE COUNCIL Prohibition of parking along SW 72n Avenue. STAFF RECOMMENDATION Approval of the attached ordinance. - INFORMATION SUMMARY South of Highway 217, SW 72nd Avenue is improved to collector street standards. In accordance with Tigard standards, the street is designed for no on-street parking. North of Highway 217, SW 72nd is partially improved. Again, the design standard assumes no on-street parking in the fully-improved portions. On those portions that do not yet have full improvements, the existing pavement C is too narrow to safely accommodate parking. Therefore, staff recommends that the entire street south of Pacific Highway be designated as a "no parking" zone. Currently, the Municipal Code only provides for parking restrictions on portions of 72nd near the cinemas and near Bonita Road. The attached ordinance would amend the Code to extend the parking prohibitions to all of SW 72nd south of Pacific Highway. PROPOSED ALTERNATIVES FISCAL NOTES As SW 72nd continues to develop, it will be necessary to post additional "no parking" signs along the street. In some cases, signing costs can be charged to developers. Elsewhere, costs will be borne by the streets maintenance fund. rw/72-sum l COUNCIL AGENDA ITEM CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF: a WS lg3 DATE SUBMITTED: September 20 f 1993 ISSUE/AGENDA TITLE: C.O.T./O.D.O.T. PREVIOUS ACTION: intergovernmental. Agreement To Conduct 99W Transportation Systems Mgmt. Study PREPARED BY: Carml A. DEPT HEAD OK CITY ADMIN OK REQUESTED BY: 99W Task rgree mm®aaamamm® aaa---a_-a===aa=a=m==.-caaaaaaaaaamaaaamomaa®aaamao®oaaa ISSUE BEFORE THE COUNCIL Should the council enter into and execute, an intergovernmental agreement with ODOT to conduct a transportation systems management study of 99W7 Should the City pay up to $20,000 for the study? ODOT has offered to pay $20,000. caaaaaaacaaa=a=oacacacan====ccc==.=.=c=o=o=o=nascoaaaana=oaaaaaaaaamaaaa STAFF RECOMMENDATION Staff supports the 99W Task Force recommendation as stated above. =EZ= - c====aocsasasaaaaasaaaaaaaaaaaaamaaaaoaaaaamaa INFORMATION SUMMARY in April, the city requested the Oregon Department of Transportation (ODOT) fund 80% of a transportation systems management study of 99W. The City offered to pay the remaining 20%, an amount estimated to be no more than $15,000. ODOT, in turn, offered $20,000 to conduct an access management study. Discussions between ODOT and city staff led to a proposal in which the City and ODOT would jointly conduct a trimmed down transportation study that would include an access management component and a transportation systems management, but would delete sections on pedestrian, bike and street improvements, expansion and demand management. This study will look at ways to improve the efficient use of 99W primarily through short term, low cost improvements that will not expand 99W. ODOT would provide $20,000 and the City would provide up to $20,000. The project would be jointly managed by the City and ODOT through a management team consisting of representatives from the 99W Task Force, ODOT staff, city staff and a representative from Metro. aaaQaeaaaaaaaarsaa aaaaaaa PROPOSED ALTERNATIVES 1) Not conduct the study. 2) Conduct the study without ODOT. anaa=ace=nanaaaa~a~=- aaa=~,ara FISCAL NOTES Initially, $15,000 was set aside for the City share of this study. Under this proposal, City costs could increase by $5,000 depending on the total cost of the study. } ODONNELL RAMIS ET AL 503-243-2944 Sep 27,93 11:50 No.013 P.02/02 ®'DONNE., RAMIS, CREW & CORRIGAN w1Y'ORNZYWff LAW U LOwe WIN= SULVWo VZ7 N.W. Uzp aaeft PauddW, 07209 TEUMM& OW) =440 i DATE: September 27, 1993 3 TO: Carol Landsman, Long-Range Planning City of Tigard 13125 B.W. Hall Blvd. Tigard, OR 97223 FROGS: James m. Coleman, City Attorney's Office RE: intergovernmental Agreement Highway 99 W Access Management Plan I have reviewed the draft Intergovernmental Agreement between the City and ODOT regarding the Access Management Plan project for Highway 99 K. The form looks fine with a couple of exceptions. On page 3 of the Agreement, the termination provisions allow ODOT to terminate at any time for any reason after 30 days notice. We should add the following language to that provision: "If ODOT terminates this Agreement after City has incurred expenses and obligations pursuant to this Agreement, ODOT's obligation to reimburse City for loot of actual costs incurred by city to a maximum amount of $20,000 shall survive termination." In the two documents identified as Exhibit "A" there are references to a public participation program in accordance with the City's acknowledged comprehensive plan "and with statewide planning goal In. The reference to statewide planning goal 1 should be deleted in both documents because statewide planning goal i is not applicable to the City of Tigard. With the above stateiS exceptions the form of the document is satisfactory. JMC:alc JmeW nQem.atvoOQi.tk(0enl.aKaw / C~~y _ cU! cam r~ c-tusvlS INTERGOVERNMENTAL AGREEMENT TIGARD/HIGHWAY 99W TRANSPORTATION SYSTEM ~Z.-. AND ACCESS MANAGEMENT PLAN THIS AGREEMENT is made and entered into by and between THE STATE OF 9lasi?~3 OREGON, acting by and through its Department of Transportation, hereinafter referred to as "ODOT" and the City of Tigard, hereinafter referred to as "CITY". RECITALS: 1. By the authority granted in ORS 190.110 and 283.110, state agencies may enter into agreements with units of local government or other state agencies for the performance of any or all functions and activities that a party to the agreement, its officers, or agent have the authority to perform. 2. Under such authority, Oregon Department of Transportation (ODOT) enters into an agreement with the City of Tigard to jointly have performed the work shown in "Exhibit A". ODOT shall provide an amount not to exceed $20,000 for payment of the work. The City of Tigard shall provide an amount not to exceed $20,000 and shall administer the project. 3. The purpose of this project is to identify safety and operational problem areas on Highway 99W through the City of Tigard, define and evaluate a range of management strategies and projects, and recommend a package of cost efficient proposals to improve operational efficiency and safety consistent with the State, regional, and local function of the highway, while supporting existing and planned land uses along the corridor. Recommended actions will consist of transportation system management and access management techniques which are relatively low- cost and which use existing capacity more efficiently. 4. ODOT proposes to provide 100 percent State funds. NOW THEREFORE, the premises being in general as stated in the foregoing RECITALS, it is agreed by and between the parties hereto as follows: CITY OBLIGATIONS: 1. CITY or its consultant shall perform the work described in "Exhibit A". The work is to begin on the date of approval and execution by all necessary parties and be completed no later than December 31, 1994. 2. CITY shall submit billings directly to ODOT's liaison person for review and approval. Such bills shall be in a form acceptable to ODOT and documented in such a manner as to be easily verified. Billings shall be presented for periods of not less than one month duration, based on actual expenses to date. 3. CITY shall keep cost records and accounts pertaining to the work covered by this agreement shall be kept available for inspection by representatives of ODOT for a period of three (3) years following date of final payment. Copies of such records i shall be made available upon request. 4. CITY agrees to comply with all applicable state, federal, and local laws, rules, regulations and ordinances, including, but not limited to those pertaining to civil rights. 5. CITY further agrees to cooperate fully with liaison personnel assigned to the project by ODOT. Conferences with these personnel shall be held at the request of CITY and ODOT. 6. CITY authorizes ODOT to review and inspect the study activities. 7. CITY shall be responsible for all costs and expenses related to its employment of individuals to perform the work under this agreement, including but not limited to PERS contributions, workers compensation, unemployment taxes, and state and federal income tax withholdings. 8. CITY shall be free to copyright materials developed under this contract. ODOT reserves a royalty-free, non-exclusive and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use, the work for governmental purposes. 9. CITY shall enter into and execute this agreement during a duly authorized session of its City Council. ODOT OBLIGATIONS: 1. Upon receipt of acceptable billing from CITY, ODOT agrees to reimburse CITY for 100 percent of actual costs incurred by CITY, up to a maximum amount of $20,000. This amount will be comprised entirely of State funds. 2. ODOT certifies, at the time this agreement is executed, that sufficient funds are available and authorized for expenditure to finance costs of this agreement within ODOT's current appropriation or limitation of current biennial budget. 4. ODOT liaison person for this contract is an ODOT Region 1 Planner. The liaison person shall ensure compliance with State regulations and standards, and with the terms of this agreement and shall review and approve billings. GENERAL PROVISION: 1. CITY and ODOT agree to jointly conduct a transportation system management and access management study of 99W. Both ODOT and CITY shall provide at least one .representative to the project management team as defined in "Exhibit A". 2. The contractor, its subcontractors, if any, and all employers working under this agreement are subject employers under the Oregon Workers' Compensation Law and shall comply with ORS 656.017, which requires them to provide Workers' Compensation coverage for all their subject workers. 3. Publication of.any reports by either party shall give credit to the other party. However, if ODOT does not wish to subscribe to the findings or conclusions of the study, the following statement will be added: The opinions, findings, and conclusions expressed in this publication are those of the authors and not necessarily those of the State of Oregon." 4. This agreement may be terminated by mutual consent of both parties, or by either party upon 30 days' notice, in writing and delivered by certified mail or in person. If ODOT terminates this agreement after CITY has incurred expenses and obligations pursuant to this agreement, ODOT's obligation to reimburse CITY for 100% of actual costs incurred by CITY to a maximum amount of $20,000 shall survive termination. _ ODOT may terminate this agreement effective upon delivery of written notice to CITY, or at such later date as may be established by ODOT, under any of the following conditions, but not limited to these conditions. 1. If CITY fails to provide services called for by this agreement within the time specified herein or any extension hereof. 2. If CITY fails to perform any of the other provisions of this agreement, or so fails to pursue the work as to endanger performance of this agreement in accordance with its terms, and after receipt of written notice from ODOT fails to correct such failures within 10 days or such longer period as ODOT may authorize. IN WITNESS WHEREOF, the parties hereto have set their hands and affixed their seals as of the day and year hereinafter written. This project was approved by the Oregon Transportation Commission on 1993. The Oregon Transportation Commission, by a duly adopted delegation order, authorized the State Highway Engineer to sign this agreement for and on behalf of the Commission. Said authority is set forth in the Minutes of the Oregon Transportation Commission. APPROVAL RECOMMENDED STATE OF OREGON, by and through its Department of Transportation By (P41;f n Manago By (Sti" K%hway &vb-O APPROVED AS TO LEGAL SUFFICIENCY By Date (Asst. AU-ay C---Q nd APPROVED AS TO LEGAL SUFFICIENCY CITY OF TIGARD, C' Cb I through its o By (cftyAn-y) ouncil President) Da 4I~~ la 3 "EXHIBIT A" The City of Tigard, through the use of consultants, will conduct a transportation systems and access management study as defined in the detailed scope of work. It will produce a report that lists and evaluates possible improvements, makes recommendations and contains appropriate graphics. The City of Tigard will review report recommendations for consistency with the Tigard Comprehensive Plan and where there is not consistency will indicate appropriate comprehensive plan revisions necessary to implement the recommendations. The City of Tigard will conduct a public participation program in accordance with its acknowledged comprehensive plan. The City of Tigard will administer the project following the purchase rules adopted by the City of Tigard and its local Contract Review Board. It will hire a consultant with the approval of the project management team, keep records, and handle billing. Further, City of Tigard staff will provide administrative and technical support to the project management team. The City of Tigard will provide staffing to attend all project-related citizen and technical committee meetings, public workshops, and public hearings. City of Tigard staff will prepare a staff report recommending appropriate action for consideration by the appropriate policy boards, including the City Council. The City of Tigard, or its consultant, will ensure proper preparation and distribution of all meeting agenda and minutes. The City of Tigard will provide the consultant with copies of comprehensive plan and other policy documents; existing land use, natural resources, and zoning maps of the study area; existing relevant traffic count and accident information; applicable transportation or other relevant studies and previously considered projects and designs; and any other relevant information the consultant may need to carry out the technical work described in the attached scope of work. The City of Tigard will help determine the range of alternatives to be developed, without excluding from evaluation, any option that meets the purpose of the study, impacts to be evaluated, and criteria for evaluating alternatives. The City of Tigard will provide guidance to the consultant in defining transportation operational deficiencies and in developing and evaluating attemative improvement or management strategies for overcoming those deficiencies. The Oregon Department of Transportation (ODOT) will provide the City or its consultant with existing design standards, traffic counts, accident data, as-built drawings, previously considered projects, and any other existing information pertinent to the study area. r "EXHIBIT A" i ODOT will assist the City and its consultant in evaluating existing deficiencies and ( alternatives developed for overcoming such deficiencies for their effectiveness in meeting + ODOT objectives and for compatibility with ODOT Plans (OTP, Highway Plan, Bicycle ' Plan, etc.) and operational and design standards. ODOT will help determine the range of alternatives to be developed, without excluding from evaluation, any option that meets the purpose of the study, impacts to be evaluated, and criteria for evaluating alternatives. ODOT will prepare a staff report recommending appropriate action on the results of the study by Region management and/or the Oregon Transportation Commission. avStateAgr September 27, 1993 t DRAFT *EXHIBIT A. 99W TSM IMPROVEMENTS SCOPE OF WORK it ose: To Identify problem areas and points of conflicts on 99W and determine a package of actions and projects to improve mobility and safety while not unnecessarily undermining economic development. These projects will be relatively low cost and use existing capacity more efficiently. Study Area: 99W in Tigard. Background: 99W is a principal arterial connecting Portland and communities to the Southwest, it moves large amounts of commuter and recreational traffic. tt is a State-owned Access Oregon Highway which must conform to certain state standards. ft is also a major commercial district with many types of busy activities that attract trips, conflicting turns and congestion. Improvements on 99W have implications for the region. The regional transportation plan identified the need for improvements to 99W in Tigard. ODOT has conducted studies of this corridor. The results of the western bypass study will affect traffic on 99W as will the proposed Barbur LRT study, the Metro's 2040 effort, the RTP update. Whatever the results of these studies, mobility and safety need to be improved on 99W. This study will identify low cost interim improvements that will not Ceclude, as much as can be determined, mode assignments, functional classification and ,sociated multi modal improvements these other studies may recommend in this corridor. Study: This study will review existing conditions and identify points of conflict, accident locations, and unsatisfactory service levels. It will explore a range of low cost actions and projects to improve mobility, safety and access on 99W and determine and discuss their costs and benefits. It will Involve and inform the business community and general public and build a consensus for a series of road improvements and regulatory mechanisms. Options Considered in Study: • Access management techniques such as consolidating driveways, closing off non essential driveways and streets, adding frontage roads and medians, identification of missing links in local street systems to avoid reliance in state highway for direct access to abutting land uses. This option includes assigning an access management category and designing regulatory mechanisms for implementation by City in coordination with ODOT road approach system. • Transportation systems management improvements such as modifications to signal system , or lane striping patterns and adding turn lanes. Improved signs to reduce driver confusion and last second lane switching. Any proposed improvements should either meet ODOT standards or an exception should be justified, in accordance with established ODOT procedures. DRAFT.....' EXHIBIT A' Proposed Scope of Work: ne following tasks are those for which the consultant will be responsible. The City, working with the project management team, will establish a policy and technical oversight mechanism, and design and implement a public participation and information program that complies with Tigard comprehensive plan requirements. The project management team will review the consultant's report and make recommendations to the appropriate policy boards. The City will provide the consultant existing data and reports (see attached list), a map of driveway .and sign locations, and GIS generated base maps. • Develop study methodology. ® Gather and analyze existing studies and applicable policy statements; create databases and maps. • Identify trouble areas and deficiencies. • Inventory existing conditions, emphasizing trouble areas, including, but not limited to the width and condition of travel lanes, bicycle lanes, sidewalks, signals, signs and other traffic control devices, accident history, traffic volumes and delay times; adjacent existing and planned land uses; location, width and spacing of existing driveways. • Identify range of possible improvements including design, management and regulatory approaches. • Determine and discuss total social impacts of each improvement, quantifying where possible or giving magnitude and direction of each. Determine who benefits or bears cost. Evaluate improvements on other criteria including compatibility with future improvements determined in consultation with management team. • Attend and make presentations at " public meetings/hearings. • Develop a package of recommended improvements and implementation techniques. • Provide a final report including evaluated improvements, recommendations and appropriate graphics. Project Management: :lie 99W TSM study will be managed jointly by the City of Tigard and ODOT. The City of Tigard will administer the project and provide staff support. Tigard and ODOT will establish a project management team consisting of two representatives from the Tigard 99W Task Force, two representatives from ODOT, one from Tigard City Staff, and one from Metro based or availability. This policy oversight committee will meet regutarty with and direct the consultant and the study. The management team will make decisions by consensus. pU97mcopemst September 27, 1993 COUNCIL AGENDA ITEM CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF: September 28. 1993 DATE SUBMITTED: September 20, 1993 ISSUE/AGENDA TITLE: Charter Amendment PREVIOUS ACTION: Discussed on Discussion August 10, 1993 PREPARED BY: Cathy Wheatley DEPT HEAD OK CITY ADMIN OK REQUESTED BY: Patrick J. Reilly ISSUE BEFORE THE COUNCIL Review of Charter amendments which include the following: 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. Review of nominating procedure for office of Mayor (TMC 2.40): 1. Provide for a primary election for the Mayor's position. STAFF RECOMMENDATION Direct staff to set up a public hearing to receive comments if the Council decides to proceed with Charter amendments and changes to Tigard Municipal Code Section 2.40. The next available election is March 22, 1994; the filing ( deadline for this election is January 20, 1994. INFORMATION SUMMARY Attached is material from City Attorney Tim Ramis' office reviewing the proposed changes. If the Council incorporates all of the suggestions, an amendment to Section 7 of the Charter could be submitted to the voters in March 1994. Also, Tim's memorandum outlines changes to Tigard Municipal Code Section 2.40 with regard to nomination and election procedure for Mayor should the Council decide to change this process. PROPOSED ALTERNATIVES 1. Direct staff to proceed with hearing process to solicit citizen input. 2. Discontinue consideration of Charter and Municipal Code amendments at this time. FISCAL NOTES Mail-in ballot costs would be borne by the City. Costs are difficult to estimate: Tigard would pay a prorated share as one of the jurisdictions which has a candidate or measure on the ballot. Costs can rise or fall depending on voter turnout and the number of items on the ballot from other cities/districts in the County. h:\login\cathy\char2.sum OTONNELL, RAMIS, CREW & CORRIGAN ATTORNEYS AT LAW BALLOW & WRIGHT BUILDING 1727 N.W. Hoy[ Street Portland, Oregon 97209 " . TELEPHONE: (503) 22211402 • - r FAX: (503) 243-2944 SEP 1 3 1993 DATE: September 10, 1993 t TO: Tigard City Council and Pat Reilly, City Administrator FROM: Tim Ramis - City Attorney RE: Possible Charter Amendment and Changes to the Election Process A number of changes have been proposed to the manner in which the Mayor is elected. The proposed changes as I understand them are: 1) To eliminate the requirement in Section 7 of the Tigard Charter 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) To eliminate the requirement in Section 7 of the Tigard Charter that the Council hold an election to fill an unexpired term and to provide alternate directions for filling the vacancy. 3) To eliminate the requirement in Section 7 of the Tigard Charter that a person appointed to fill a vacancy not be a candidate for election to that position at a vacancy filling election. 4) To elect the Mayor on odd-numbered years, but continue to elect Councilors at the biennial general elections. 5) To provide for a primary election for the Mayor's position. 6) To provide for the number of candidates for Mayor in the general election after the primary election. 7) To provide that if a candidate for Mayor receives more than 50% of the votes at the primary, then the candidate is elected to the position of Mayor and no general election for Mayor is held. r O'DONNELL, RAMIS, CREW & CORRIGAN C Memo re: Possible Charter Amendment and Changes to the Election Process September 10, 1993 Page 2 8) To provide for what happens if a candidate withdraws after the primary election. I have been asked to comment on the proposed changes. Suggested Changes #1 - 3 Our office prepared a draft of Section 7 of the Tigard Charter which incorporates these suggested changes. I believe the City Council had the opportunity to review the draft wording in August. I am attaching the proposed section as Exhibit "A" to this memo. Suggested Change #4 We contacted the Elections Division of the Secretary of State's office concerning the proposal for odd-year elections. We are in agreement with that Division's opinion that regular elections of city officers must be held at the same time as the primary and general biennial elections are held. Suggested Changes #5 - 8 There are a couple of things to keep in mind when contemplating changes to the nomination and election process for Mayor. Paragraph Two of Section 31 of the Tigard Charter provides that: "The procedures for nomination and election for elective City positions shall be governed by the election laws of the State of Oregon, or by City ordinances if such ordinances are not inconsistent with state law." Therefore, changes to the nomination and election process may be adopted by ordinance rather than by amending the Charter. Chapter 2.40 of the Tigard Municipal Code already sets out the nominating procedure as it exists and would be the logical place to put any additions or changes to the nominating process for Mayor. Also, keep in mind that the proposed charter amendment will probably go to the voters in March. By the time the election is held in March, the filing deadline for the May primary will have passed. Therefore in order to have a primary election for Mayor in 1994, under any newly adopted charter provisions, a special or emergency election would have to be called, most likely in June. O'DONNELL, RAMIS, CREW & CORRIGAN 1 f Memo re: Possible Charter Amendment and Changes to the Election Process September 10, 1993 I Page 3 s t I have drafted changes and additions to Chapter 2.40 of the Tigard Municipal Code which address most of the issues in changes #5 - 8. I have attached a draft of the proposed revisions as Exhibit "B" to this memo. The sections added to Chapter 2.40 call for a primary election for Mayor and provide that the top two candidates shall advance to a run-off in November. ORS 249.088 provides that 11[a]t the nominating election held on the date of the primary election two candidates shall be nominated for the nonpartisan 5 office." I have drafted the section so that the top two candidates advance in keeping with this statute. The new sections also provide direction in case the only candidate i or one of the candidates should die, withdraw or become ineligible for the position. I did not include any draft language for election of the Mayor at the primary election if a candidate receives more than 50% of the votes cast for that position. However, we did draft a similar provision for the City of West Linn, which is attached as Exhibit ncn. i The proposed changes to Chapter 2.40 were drafted after a review of the current state statutes concerning nominations and elections. If the City Council decides to pursue these suggested changes, they will be reviewed in light of any changes that the 1993 Legislature made. A final note concerning elections. The City's initiative and referendum process is located in Chapter 1.12 of the Tigard Municipal Code. The ordinance setting out the process was adopted in 1962. I recommend that this chapter be updated in order to make more similar to the state process and to make it easier to use and interpret. wam\mmd\dgard\nom&elec.mem EDIT "A° 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. 14AY0R 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. Thew, 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 it 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.u EXHIBIT "B" t Tigard Municipal Code Chapter 2.40 NOMINATING PROCEDURE DBROAFT Delete Section 2.40.030(1) Amend Section 2.40.030(3) Add Section 2.40.060 2.40.060 Primary Election. A nominating election for the position of mayor shall be held at the biennial primary election in 1994 and every fourth year thereafter. The two persons receiving the higher number of votes at the biennial primary election shall be nominated and may participate in a run off ` election at the biennial general election. t Section 2.40.070 2.40.070 Withdrawal of Candidacy by Nominee. Any person who has been nominated at a biennial primary election may withdraw from nomination by filing a written statement declining the nomination and stating the reason for withdrawal. The statement shall be signed by the candidate before a notary public and filed not later than the 67th day before the biennial general election with the city recorder. Section 2.40.080 2.40.080 Filling a Vacancy in Nomination. (A) If the only candidate nominated to the mayoral position at the primary election dies, withdraws or becomes ineligible for the position not later than the 67th day prior to the general election, then other candidates may be placed on the ballot by filing a declaration of candidacy pursuant to state law. The filing fee shall be $25.00. If the only candidate nominated to the mayoral position at the primary election dies, withdraws or becomes ineligible for the position after the 67th day prior to the general election, then the vacancy shall be filled pursuant to Charter provisions concerning a vacancy in office. rJ `3 1 C (B) If one of the two candidates nominated to the mayoral position at the primary election dies, withdraws or becomes ineligible for the position then: (1) If the remaining nominated candidate received more than 50% of the votes cast for the mayoral position at i the biennial primary election, then that person shall run t unopposed at the biennial general election; or (2) If the remaining nominated candidate failed to { receive more than 50% of the votes cast for the mayoral position at the biennial primary election, but there was no third candidate for the mayoral position, then the ; remaining nominated candidate shall run unopposed at the biennial general election; or :S (3) If the remaining nominated candidate failed to receive more than 50% of the votes cast for the mayoral position at the biennial primary election, then the candidate receiving the third highest number of votes shall advance to the biennial general election with the remaining nominated candidate. 1 1 i i i i 1 i f aspires. His or her name shall appear on the ballot only for such designated position. At all elections each such office of councilor to be filled shall be EXHIBIT "C" separately designated on the ballot by official position number as herein provided, in addition to other matters required by law to appear thereon. An incumbent coun- cilor may not file for nomination for or election to any councilor position except the one he or she presently fills. Each Council member shall act as a liaison to one or more department(s) within the City. Council members who will act as liaison to a department shall be determined by the Mayor annually. Section 9. Mayor. (1) No person may be elected to the position of Mayor unless that person receives more than fifty percent (50%) of the votes cast for that position at the biennial primary election. If no mayoral candidate receives more than fifty percent (50%) of the votes cast, the two candidates receiving the highest number of votes cast shall participate in a run off election at the biennial general election. The candidate receiving the highest number of votes at that election shall be elected Mayor. (2) The term of the Mayor who was elected to serve a four year term beginning in January, 1989, shall ter- minate on March 1, 1990. A special election shall be held in the city on March 27, 1990, for the purpose of electing a successor mayor. If no mayoral candidate receives more than fifty-percent of the votes cast, the two candidates receiving the highest number of votes cast shall participate in a run-off election on the next available election date. The person elected as mayor, with a term beginning in 1990, shall assume the office of mayor at the first city council meeting subsequent to the election, and shall serve a term continuing until January 1992. (3) A special election shall be held in the City on the third Tuesday in May, 1991, and if necessary, a run-off election on the first Tuesday after the first Monday in November, 1991, for the purpose of electing a mayor to serve a one-year term from January, 1992 to January, 1993. The person elected as mayor with a term beginning in January, 1992 shall assume the office at the first council meeting of 1992. Regular elections shall be held at the primary and general elections in 1992 to elect a mayor to assume office in January, 1993. (4) The person elected as mayor with a term beginning in January, 1993 and subsequent mayors shall be elected for two-year terms. C-3 (West Linn 8/90) COUNCIL AGENDA ITEM a CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF: Sept. 28 1993 DATE SUBMITTED: ISSUE/AGENDA TITLE: PREVIOUS ACTION: Main Street Property Dis osition 14. PREPARED BY: PJR DEPT HEAD OK CITY ADMIN OK REQUESTED BY: ISSUE BEFOR THE COUNCIL Future of the City's property on Main Street w STAFF RECOMMENDATION Staff recommends that the Council authorize staff to proceed with the sale of the property. INFORMATION SUMMARY Attached please find a financial analysis and discussion of the subject, as prepared by the Wayne Lowry, Finance Director. PROPOSED ALTERNATIVES 1. Retain and improve building and lease at market rates / 2. Maintain status quo FISCAL NOTES Please see attached. t Ca-~C i3 ~ d , g . MEMORANDUM CITY OF TIGARD, OREGON TO: Pat Reilly, City Administrator FROM: Wayne Lowry, Finance Director V" I DATE: August 24, 1993 SUBJECT: Main Street Property Disposition The City of Tigard acquired property located at 12420 SW Main Street in 1963 from U.S. National Bank. During the 1960s and 1970s the property was leased to an Engineering firm and later occupied by the City. Since moving City Hall to a location on Burnham Street, the City has leased space to the Tigard Chamber of Commerce. An appraisal of the property was completed in May of 1993 which placed the value of the property at $92,500. This value was substantiated in the appraisal report both by a market comparison and a market lease rate comparison. In owning the property, the City currently receives monthly rent from the Chamber of $350. In addition, the City incurs certain expenses each year related to the property as follows: Chamber rent $4,200 Property tax 900 Insurance 500 Building maintenance 200 Total Expenses 1,600 Net income per year $2,600 The net income shown above does not include any reserves to replace depreciable items in the future such as the roof, carpeting, or the HVAC system. The Chamber lease agreement indicates that they are only leasing 1,050 square feet of space for $350 per month, or $4 per square foot per year. According to the appraisal report, the market lease rate is $5.50 per square foot. In addition, the appraiser concluded that there are 2,825 leasable square feet in the building. This would suggest that the building is significantly under leased given the current arrangement. i The appraisal report suggests the following annual income analysis at comparable market rates. Gross lease income 15,480 Expenses/Reserves Property taxes 2,130 Insurance 500 Maintenance & supplies 1,000 Reserves 720 Management 738 Vacancy/collection loss 777 Total Expenses (5,865) Estimated Annual Net Income $9,615 The reserves cover carpeting, roofing, and HVAC systems and the management fee is calculated at 5% of the annual lease amount. It should be noted that the City currently uses 535 square feet of leasable space for storage of surplus equipment and Records. The storage of surplus equipment will no longer be needed after the Auction however, arrangements will have to be made for records storage if the current use of the property is changed. During my review of this property, I determined that certain improvements to the building will be necessary if the City wishes to keep the building for an estimated total cost of $18,350. A review of the building was completed in June of 1992 by Asbestos Resources Inc. They estimated that removal and/or encapsulation of suspect materials in the Chamber building would cost $1,350. There has also been a concern that the electrical system in the building is not up to code and is dangerous. A bid from Frahler Electric in April of 1993 indicated that rewiring would cost $7,000. In addition, the ADA may require certain access improvements that will have to be in place by 1/26/95. It is somewhat unclear exactly which improvements will be required, however, the cost has been estimated at $10,000. I believe the City has four alternatives at this point concerning the Main Street property. 1. Continue current arrangement. With this alternative, the City would continue to lease space to the Chamber of Commerce at the current rate and use portions of the building for storage. The City would break even each year after providing for the replacement of depreciable items in the future. In addition, the City would have to make the required improvements estimated at $18,350. The City currently does not have such funds earmarked in the five year plan, but they would have to come from the General Fund. 2. Sell property as is. The appraisal suggests that the property could be sold for $92,500. The asbestos abatement would have to be done, however, the electrical work and ADA improvements would be done by the buyer as necessary. The City could net an estimated $80,000 to $85,000 depending on negotiation and closing costs. 3. Make improvements, lease at market. The City could make the necessary code and ADA improvements with the intent of leasing the space at its market value rather than at a subsidized rate as it is now. This option would cost the City $18,350 in upfront improvements, but would then generate an estimated net cash flow each year of over $7,000. 4. Use property for other public purpose. The City could terminate the lease with the Chamber and use the property for some other public purpose. This could include city office space, storage, a community facility, or various recreation uses. A major drawback to this type of use is the lack of parking near the building. The costs associated with this alternative would depend upon the ultimate use of the facility. The asbestos abatement and some of the ADA improvements would most likely be required. In addition, there would be costs associated with remodeling the interior to suit the desired public use. The City's decision on what to do with this property is financial in nature, but is driven by higher level policy choices. The City Council must decide its policy related to the ownership of surplus city property. Does the Council want to be the landlord of commercial property? Does the Council wish to keep the Chamber of Commerce as a tenant in the building? Does the Council want to preserve this property for future City use? Does the Council want to keep a City presence in the downtown area through property ownership? Policy choices such as those mentioned above may impact the alternative to be selected. From a financial perspective, notwithstanding other considerations, the following table depicts the financial outcomes of the four alternatives shown above. Assumptions include activity over a 10 year period, in'RL "on at 3% per year, and interest at 4.5% per year. Income and expenses are projected at today's levels understanding that any increases in expenses would be offset by increased lease rates. #1 # 2 #3 #4 Alternative Current Sell Market Public Use Income Sale Proceeds 85,000 Interest 46,750 Lease Revenue 42,000 154,800 0 Total Income 42,000 131,750 154,800 0 Expenses Property Tax 9,000 21,300 ? Insurance 5,000 5,000 Maint & Supplies 2,000 10,000 Reserves 7,200 7,200 Management 0 7,400 Vacancy/Loss 0 7,750 Records storage 0 7,000 7,000 Total Expenses 23,200 7,000 65,650 Net Income 18,800 124,750 89,150 0 Improvement Costs 18,350 0 18,350 18,350 Net cash flow 450 124,750 70,800 (18,350) Value of Building 114,000 0 114,000 114,000 Total Value ® 10 yrs. $114,450 1124,750 $1843800 $95,650 t The above analysis indicates that the best financial alternative is to make the improvements and lease the property for the market rate. This produces a positive net cash flow of $70,800 and retains the building. The sell alternative and continuing the current arrangement produce similiar financial results, however, the sell alternative requires no ongoing effort or risk by the City. Recommendation a. If the City Council does not want to be in the position of landlord and sees no overwhelming need to keep the property, I would recommend the sale of the property. The process for sale is outlined in TMC 3.44 and would provide for a public hearing, a sealed bid opening and then listing with a realtor until sold. 3 b. If the Council does not mind the landlord situation, and city ownership of property in the downtown area is desirable, the building should be kept, i improved and leased at market rates. F H:\LOGIN\ALICE\WAYNE\MAINSTR.PTY i Arracnmenr i /~!v rt _ Cc LOCAL GOVERNMENT REVIEW Sample Resolution Before the Board of County Commissioners/City Council for the County/City of Cl/a l In the Matter of APPROVAL OF ) OREGON BUSINESS DEVELOPMENT ) FUND PROJECT PROPOSAL BY ) RESOLUTION (company) ) WHEREAS, the County Board of Commissioners/City Council finds that the development of the (eject name nr descriRtfnn) by (name of enm~ny) (The "Project") would foster the economic growth and legisla- tive policy as set forth in ORS 285.403, and WHEREAS. ORS 285.413 requires, before the approval of an Oregon Business Development Fund project by the State of Oregon, that the governing body of the appropriate local government recommend the project, and . WHEREAS, the Board finds that the Project is permitted under the (City's/County's) acknowledged comprehensive Plan and is consistent with all applicable adopted local economic development plans dents , and WHEREAS, the Board finds that the completion of (the "Project") within the County/City of would by in the best Interests of the citizens of County/City. i IT IS HEREBY RESOLVED: That County/City requests the Economic Development Commission and the State of Oregon to assist In the financing of the Project within the City/County of , through the Oregon Business Development Fund, secured by the improvements as provided by ORS 285.413. Dated this day of , 19_ . County Board of Commissioners/City Council Chairman/Mayor Commissioner/Councilor Commissioner/Councilor Sample Resolution supplied by: Oregon Economic Development Department 775 Summer Street NE Salem, Oregon 97310 (503) 373-1240 J