Loading...
City Council Packet - 11/23/1993 Note: Item 8 - Revised 11/19/93 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 7:30 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 Deao. Upon request, the City will also endeavor to arrange for the following services: • Qualified sign language interpreters for persons with speech or hearing impairments; and • Qualified bilingual interpreters. Since these services must be scheduled with outside service providers, it is important to allow as much lead time as possible. Please notify the City of your need by 5:00 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 ATTACHED AGENDA TIGARD CITY COUNCIL MEETING NOVEMBER 23, 1993 - 6:30 P.M. AGENDA • STUDY SESSION (6:30 P.M.) Citizen Involvement Team (CIT) Update (Community Relations Coordinator) 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 Council Communications/Liaison Reports 1.5 Call to Council and Staff for Non-Agenda Items 2. PRESENTATION & ACKNOWLEDGEMENT: League of Oregon Cities' 1993 Award of Excellence - Third Place to City of Tigard Police Department - "Operation Slowdown" • Mayor Edwards 3. VISITOR'S AGENDA (Two Minutes or Less, Please) 4. CONSENT AGENDA: These items are considered to be routine and may be enacted in one motion without separate discussion. Anyone may request that an item be removed by motion for discussion and separate action. Motion to: 4.1 Approve Council Minutes: October 26 and 27, 1993 4.2 Initiate Vacation Proceedings for a Portion of S.W. 79th Avenue - Resolution No. 93-V 4.3 Approve Appointments to the Planning Commission (Nick Wilson & Carolyn DeFrang - Resolution No. 93- S ~6 5. PUBLIC HEARING (Legislative) -COMPREHENSIVE PLAN AMENDMENT CPA 93-0005 WETLAND AREAS - LOCATION: Citywide. A request by the City of Tigard to amend Policy 3.4 of the Comprehensive Plan, Findings, Policies, and Implementation Strategies, Volume II to adopt a new Policy pertaining to Statewide Planning Goal 5 rule requirements for the identification and protection of wetlands. This new policy stipulates that once adequate information on the quality, quantity, and location of wetlands is obtained, the City will complete the Goal 5 administrative rule process. a. Open Public Hearing b. Declarations or Challenges C. Staff Report d. Public Testimony Proponents (In favor of the plan amendment) Opponents (Opposed to the plan amendment) e. Council Questions/Comments f. Staff Recommendation g. Close Public Hearing h. Council Consideration - Ordinance No. 933D COUNCIL AGENDA - NOVEMBER 23, 1993 - PAGE 2 6. PUBLIC HEARING (Quasi-Judicial) - STORM DRAINAGE EASEMENT VACATION FOR WESTERN PORTION OF LOT 67 OF CASTLE HILL. The Tigard City Council will consider the proposed vacation of a recorded storm drainage easement across Lot 67 of the plat Castle Hill. The request was initiated by the City Council on October 26, 1993 on behalf of Larry York of Matrix Development Corporation. a. Open Public Hearing b. Declarations or Challenges C. Staff Report d. Public Testimony Proponents (In favor of the plan amendment) Opponents (Opposed to the plan amendment) Rebuttal (Proponents/Opponents) e. Council Questions/Comments f. Staff Recommendation g. Close Public Hearing h. Council Consideration - Ordinance No. 93-a-1 7. PUBLIC HEARING (Quasi-Judicial) - STORM DRAINAGE EASEMENT VACATION - WOODFORD ESTATES, LOTS 21 THROUGH 31 AND LOT 33. The Tigard City Council will consider the proposed vacation of a recorded storm drainage easement along the west boundary of the plat Woodford Estates. The request was initiated by the City Council on October 26, 1993. a. Open Public Hearing b. Declarations or Challenges C. Staff Report d. Public Testimony Proponents (In favor of the plan amendment) Opponents (Opposed to the plan amendment) - Rebuttal (Proponents/Opponents) e. Council Questions/Comments f. Staff Recommendation g. Close Public Hearing h. Council Consideration - Ordinance No. 93- -3Z 8. NON-AGENDA ITEMS (Revised Items listed below added subsequent to the 11/16/93 Council Meeting) "0 5`7 8.1 Property Purchase Agreement(s) - Link/Shrauger - 8.2 Update on Water Service Agreement Negotiations 9. 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. 10. ADJOURNMENT coal 123.93 COUNCIL AGENDA - NOVEMBER 23, 1993 - PAGE 3 Council Agenda Item u, TIGARD CITY COUNCIL MEETING MINUTES - NOVEMBER 23, 1993 • Meeting was called to order at 6:32 p.m. by Council President Schwartz. 1. ROLL CALL Council Present: Council President John Schwartz; Councilors Judy Fessler, Wendi Conover Hawley, and Paul Hunt. Staff Present: Patrick Reilly, City Administrator; Carol Landsman, Senior Planner; Liz Newton, Community Involvement Coordinator; Jim Coleman, Legal Counsel; Catherine Wheatley, City Recorder; and Randy Wooley, City Engineer. STUDY SESSION Community Relations Coordinator Liz Newton updated Council on the newly implemented Citizen Involvement Team Program. She reported that all CIT's are functioning well after having two meetings. December agendas are being prepared with three of the four groups focusing on transportation planning; the Central CIT will focus on Natural Resources Planning. Ms. Newton also reviewed the land use notification process and advised that to date there have been no major complaints as this new method of interested-citizen input is put into place. Council complimented Ms. Newton on the CIT process implementation. Ms. Newton, in turn acknowledged the efforts of the facilitators and staff resource teams. City Engineer Wooley updated Council on the status of the 1-5/217 improvements (Oregon Department of Transportation Project). The Tualatin Valley Economic Development Corporation has been urging the State to place this project as a high priority. The State is looking at cutting a majority of their projects which were not funded by the Legislature at the last session. The project, which would cost $50-60 million, was also being looked at again with some concern by the State, as they decided that adequate planning for future traffic would not be met in just a few years. A $13 million project was being considered by ODOT to alleviate some of the traffic problems as an interim measure. ® CITY COUNCIL MEETING MINUTES - NOVEMBER 23, 1993 - PAGE 1 City Engineer will monitor to determine what ODOT is now proposing. There will be a meeting on December 7 to begin the process for the new 6-year plan. It appears that the smaller 1-5/217 project is ranked as a high priority. A member of staff will attend the December 7 meeting. Council authorized staff to proceed with an acknowledgement of the Tigard High School Women's Soccer Team which recently won the State Championship for the third year in a row. Council briefly reviewed the business agenda. BUSINESS MEETING • COUNCIL COMMUNICATIONS: Councilor Fessler reported on the recent open house to share information on the 2040 Visioning Project for the downtown Tigard area. She noted attendance was good and the comments received will be helpful. She thanked Senior Planner Carol Landsman for her efforts. 2. PRESENTATION & ACKNOWLEDGEMENT: League of Oregon Cities' 1993 Award of Excellence - Third Place to City of Tigard Police Department - "Operation Slowdown." Sgt. John Newman was present. Council President Schwartz presented the plaque to the public and acknowledged Sgt. Newman and Lt. Martin for their efforts in submitting this project to LOC for consideration of this award. 3. VISITOR'S AGENDA • Gary Lass, Chair of the Tigard Historic Preservation Committee, extended an invitation to the Tigard Holiday Historic Homes Bus Tour on Saturday, December 11. 4. CONSENT AGENDA: 4.1 Approve Council Minutes: October 26 and 27, 1993 * 4.2 Initiate Vacation Proceedings for a Portion of S.W. 79th Avenue (Resolution No 93-59) 4.3 Approve Appointments to the Planning Commission (Nick Wilson & Carolyn DeFrang - Resolution No. 93-58 Motion by Councilor Fessler, seconded by Councilor Hunt, to approve Consent Agenda items 4.1 and 4.3. Motion was approved by unanimous vote of Council present. * (Please note that Agenda Item 4.2 was considered under Agenda Item 8 - Non- Agenda) CITY COUNCIL MEETING nnlNUTES - NOVEMBER 23, 1993 - PAGE 2 5. PUBLIC NEARING (Legislative) - COMPREHENSIVE PLAN AMENDMENT CPA 93-0005 WETLAND AREAS LOCATION: Citywide. A request by the City of Tigard to amend Policy 3.4 of the Comprehensive Plan, Findings, Policies, and Implementation Strategies, Volume II to adopt a new Policy pertaining to Statewide Planning Goal 5 rule requirements for the identification and protection of wetlands. This new policy stipulates that once adequate information on the quality, quantity, and location of wetlands is obtained, the City will complete the Goal 5 administrative rule process. a. Public Hearing was opened by Council President Schwartz. b. There were no declarations or challenges. C. Staff report was summarized by Senior Planner Carol Landsman. Senior Planner Landsman noted the following change: On the bottom of Page 2 of the attachment to the proposed Ordinance (3.4.2.d.), the Goal 5 requirements would be addressed no later than three years after adoption. In response to a question by Councilor Fessler, Senior Planner Landsman agreed that in Section 3.4.1, the statement 'The City shall designate, by definition, not by location, the following areas of significant environmental concern" as being incorrect. After discussion with Legal Counsel, it was determined the wording should be changed as follows: 'The City shall designate, in accordance with Goal 5, the following areas as areas of significant environmental concern." d. Public Testimony. • John LeCavalier, representing Fans of Fanno Creek, PO Box 25835, Portland, Oregon, 97225, advised he was in support of the proposed Comprehensive Plan Amendment. Mr. LeCavalier advised Fans of Fanno Creek is a non-profit, volunteer organization, interested in the protection and restoration of the watershed. He thanked the City for the work that had been done with regard to this Comprehensive Plan Amendment, and stated he hoped there is a continued good relationship with the City. • Doug Smithey, 11396 SW Ironwood Loop, Tigard, Oregon, 97223, also testified in favor of the proposed Comprehensive Plan Amendment. Mr. Smith noted his support of the CIT structure to continue to work on Goal 5 issues. He also agreed with the amendment which stated that Goal 5 issues would be addressed within three years. CITY COUNCIL MEETING MINUTES - NOVEMBER 23, 1993 - PAGE 3 • Dorothy Gage, PO Box 19495, Portland, Oregon, 97280 (also noted an address of 8000 SW 54th, Portland, Oregon, 97219 during oral testimony), complimented the City for moving a step closer toward protection of natural areas. She noted her concern with protection of natural space within the urban areas. She referred to the diminishing amount of old growth within urban areas. She noted she also supported the three year deadline for addressing the Goal 5 rule requirements. e. City Administrator Reilly noted the staff recommended approval of the proposed Ordinance as amended. f. Public Hearing was closed. g. Council consideration. Motion by Councilor Fessler, seconded by Councilor Hawley, to accept the proposed Ordinance as recommended, with the following amendments: (new wording is underlined) Policies - 3.4.1 (Page 2) - The City shall designate, in accordance with Goal the following as areas of significant concern. - 3.4.2.d. (Page 2) - add to the last sentence the following - "...no later than December 23. 1996." ORDINANCE 93-30 -AN ORDINANCE TO AMEND SECTION 3.4, NATURAL AREAS, OF VOLUME TWO, FINDINGS, POLICIES AND IMPLEMENTATION STRATEGIES, OF THE TIGARD COMPREHENSIVE PLAN TO ADD FINDINGS AND A POLICY STATEMENT PERTAINING TO AREAS OF SIGNIFICANT ENVIRONMENTAL CONCERN. The 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) - STORM DRAINAGE EASEMENT VACATION FOR WESTERN PORTION OF LOT 67 OF CASTLE HILL. The Tigard City Council will consider the proposed vacation of a recorded storm drainage easement across Lot 67 of the plat Castle Hill. The request was initiated by the City Council on October 26, 1993 on behalf of Larry York of Matrix Development Corporation. a. Public Hearing was opened. b. There were no declarations or challenges. CITY COUNCIL MEETING MINUTES - NOVEMBER 23, 1993 - PAGE 4 C. Staff report was reviewed by City Engineer Wooley. d. No Public testimony. In response to a question by Councilor Fessler, City Engineer Wooley advised there was capacity remaining for storm drainage runoff for the area in question. e. Chy Engineer Wooley noted that staff recommended approval of the Ordinance as presented. f. Public Hearing was closed. g. Council consideration. ORDINANCE NO. 93-31 - AN ORDINANCE CONCERNING THE VACATION OF A DEDICATED STORM DRAINAGE EASEMENT ACROSS LOT 67 OF THE PLAT CASTLE HILL IN THE CITY OF TIGARD, WASHINGTON COUNTY, OREGON. Motion was approved by unanimous vote of Council present. (Council President Schwartz and Councilors Fessler, Hawley and Hunt voted "yes.") 7. PUBLIC HEARING (Quasi-Judicial) - STORM DRAINAGE EASEMENT VACATION - WOODFORD ESTATES, LOTS 21 THROUGH 31 AND LOT 33. The Tigard City Council will consider the proposed vacation of a recorded storm drainage easement along the west boundary of the plat Woodford Estates. The request was initiated by the City Council on October 26, 1993. a. Public Hearing was opened. b. There were no declarations or challenges. C. City Engineer Wooley reviewed the staff report as presented in the Council packet. He clarified for Council President Schwartz the location of the requested easement vacation. d. There was no public testimony. e. Public Hearing was closed. f. Motion by Councilor Hawley, seconded by Councilor Hunt, to approve Ordinance No. 93-32. CITY COUNCIL MEETING MINUTES - NOVEMBER 23, 1993 - PAGE 5 ORDINANCE NO. 93-32 - AN ORDINANCE CONCERNING THE VACATION OF A DEDICATED STORM DRAINAGE EASEMENT ACROSS LOTS 21 THROUGH 32 AND LOT 33, OF THE PLAT OF WOODFORD ESTATES IN THE CITY OF TIGARD, WASHINGTON COUNTY, OREGON. Motion was approved by unanimous vote of Council present. (Council President Schwartz and Councilors Fessler, Hawley and Hunt voted "yes.") 8. NON-AGENDA ITEMS (Revised Items listed below added subsequent to the 11/16/93 Council Meeting) Note: Item 4.2 was considered by Council under this agenda item number. City Engineer Wooley presented to Council an amended Resolution which added the provision that the subdivision plot of Twin Oaks Lane reported in Plat Book 12, Page 18, Washington County Records, was no longer needed, and would also be vacated. After a brief discussion, motion was made by Councilor Hunt, seconded by Councilor Fessler, for the approval of Resolution No. 93-59: RESOLUTION NO. 93-59 - A RESOLUTION CONCERNING THE VACATION OF: 1) A PORTION OF SW 79TH AVENUE, BEGINNING WITH THE INTERSECTION OF SW 79TH AND SW PACIFIC HIGHWAY AND CONTINUING TO THE SOUTHEAST TERMINUS OF SW 79TH AVENUE, AND 2) THE SUBDIVISION PLAT OF TWIN OAKS LANE RECORDED IN PLAT BOOK 12 PAGE 18 WASHINGTON COUNTY RECORDS, AND 3) AN UNNAMED 20' WIDE RIGHT-OF-WAY LOCATED IMMEDIATELY TO THE EAST OF SW 79TH AVENUE, IN THE CITY OF TIGARD, WASHINGTON COUNTY, OREGON. Motion was approved by unanimous vote of Council present. (Council President Schwartz and Councilors Fessler, Hawley and Hunt voted "yes.") 8.1 Property Purchase Agreement(s) - Link/Shrauger Council approved the agreement with Mr. & Mrs. Mark Link with the following changes: • The Links shall furnish title insurance. • The multiple-listing-service statement now shows the following statement: "Property Scheduled for Gaarde Extension." Council consensus was that this statement does not comply with the terms of the agreement that "...they and their agent shall make every attempt in good faith to maintain the salability of the PROPERTY, including but not limited to maintaining and presenting the CITY COUNCIL MEETING MINUTES - NOVEMBER 23, 1993 - PAGE 6 PROPERTY in the manner most reasonably calculated to attract prospective buyers." Council suggested the following wording would more accurately reflect the situation: 'The City finds it probable, at some point in the future, it will have an interest in acquiring the PROPERTY, the Comprehensive Transportation Plan Map calls for the improvements of the PROPERTY to be removed in the future to make way for the extension of Gaarde Street.u Council directed staff to apprise the Links of their concerns. Motion by Councilor Hunt, seconded by Councilor Hawley, to approve Resolution No. 93-60, with the amendment that title insurance would be provided by the sellers. Motion was approved by unanimous vote of Council present. (Council President Schwartz and Councilors Fessler, Hawley and Hunt voted "Yes.") Legal Counsel Coleman will revise Section 5.2 of the Purchase and Sale Agreement to reflect Council direction. The wording will be amended to state that title insurance would be provided and paid for by the sellers. Motion by Councilor Hunt, seconded by Councilor Fessler, to authorize staff to draw up a similar agreement (with reference to the Link property agreement) for the Shrauger property, once an appraisal figure is obtained for the Shrauger property. Motion was approved by unanimous vote of Council present. (Council President Schwartz and Councilors Fessler, Hawley and Hunt voted "Yes.") 8.2 Update on Water Service Agreement Negotiations City Administrator Reilly reported that the meeting with the Tigard, King City, and Durham Mayors plus the Tigard Water District Board Chair was held on November 17. This committee reviewed about a third of the proposed agreement with no major policy issues raised. Mr. Reilly advised that a good faith effort was exhibited by all in attendance. The next meeting for this group is scheduled on November 24. Additional information was received from the Tigard Water District legal counsel. Mr. Reilly requested this be reviewed during Executive Session. CITY COUNCIL MEETING MINUTES - NOVEMBER 23, 1993 - PAGE 7 9. EXECUTIVE SESSION - The Tigard City Council went into Executive Session at 8:47 p.m. under the provisions of ORS 192.660 (1) (d), (e), & (h) to discuss labor relations, real property transactions, current and pending litigation issues. 10. ADJOURNMENT - 9:51 p.m. I Attest: Catherine Wheatley, City Recorder z f Tigard Date: lamh 421 3 i c=1123.93 CITY COUNCIL MEETING MINUTES - NOVEMBER 23, 1993 - PAGE 8 COMMUNITY NEWSPAPERS91Wd i V E D P.O. BOX 370 PHONE (503) 684-036,MOV 2 2 19= TT7714 BEAVERTON, OREGON 97075 CITY OF TIGARD Legal Notice Advertising The following meeting highlights on published forypur information. Full o City of Tigard • E3 Tearaheet Notice agendas may be obtained from tho City Recorder: 13125 S.W. Hall Tigard City Hall-Town Hall Boulevard, Tigard, Oregon 97223;brbycalling'6394171:' ' 13125 SW Hall Blvd. e CTTY•COUNCIL BUSINESS MEETING • Tigard,Oregon 97223 ❑ Duplicate Affidavit NOVEMBER 23,1993 • o TIGARD CITY HALL - TOWN HALL 13125 S.W. HALL BOULEVARD, TIGARD, OREGON Study Session (Town Hail Conference Room) - 6:30 P.M. AFFIDAVIT OF PUBLICATION Business Meeting - 7:30 P.M. STATE OF OREGON, ) Public Hearings - COUNTY OF WASHINGTON, )as' • Comprehensive Plan :Amendment::--. Wetland Areas (CPA I, Kathy Snyder 93-0005); Citywide amendment-to-adopt a new policy pertaining being first duly sworn, depose and say that I am the Advertising to Statewide Planning Goal 5 rule requirements for identification Director, or his principal clerk, of the Tigard T; mA a and protection of wetlands. a newspaper of general circul4tion ag defined in ORS 193.010 and 193.020; publishedaL Ticrar in the • Storm Drainage Easement Vacations:. afor ount an s to that the -western Portion Of Lot 67 Of Castle Hill C@saidi ty X.= ~ Wu § i ne s S It1tg - Woodford Estates, Lots 21 through 31 and Lot 33 a printed copy of which is hereto annexed, was published in the Local Contract Review Board Meeting entire issue of said newspaper for one successive and Executive Session: The Tigard City Council may go into Executive consecutive in the following issues: Session under the provisions of ORS 191660 (1) (d), (e), 8t (h) to dis- cuss labor relations, real property -transactions, current and pending November 18 ,19 9 3 litigation issues. M714 - Publish November 19, 1993. Subscribed and sworn before me thisl8th day of Novemb OFiiCIAL SEAL ROB;N A. BURGESS NOTASY PUBLIC - OREGON N ry Public for Oregon COti?yfISSION NO. 024552 MY COMIAIl ?:O.! C:PIRES MAY is 1497 My Commission Expires: AFFIDAVIT - COMMUNITY NEWSPAPERS, INC. Legal P.O. BOX 370 PHONE (503) 6840360 Notice TT 7710 BEAVERTON, OREGON 97075 Legal Notice Advertising NOTICE OF STORM DRAMAKIR PASM&W ° 13 Tearsheet Notice VACATION HBARING ° City of Tigard Accounts Payable Terry $rESTERN `PORTION OF LOT 67 OF GASTLF HILL ° 13125 SW Hall Blvd. ° ❑ Duplicate Affidavit ar The Tigard City Council will hold a public hearing an TUgda Nopsiu Tigard, Oregon 97223-8199 ber 23, 1993, at 7:30 P.M., at the Tigard City HWWI. wa Hayl Room, • ° 13125 S.W. Hall Boulevard, Tigard, Oregon, to consider the proposed vacation Of S recorded steam drainage easement across Lot 67 of the plat Castle Hill. The request was initiated by the City Council on October 26, 1993, on behalf of Larry York of Matrix Development Corporation: Any interested person may appear. and be heard for or against the, proposed AFFIDAVIT OF PUBLICATION vacation of said storm drainage easement. Any written objections or STATE OF OREGON, ) remonstrances shall be filed with the City Recorder by November 23, COUNTY OF WASHINGTON, )as. 1993, by 7:30 P.M., Judith Koehler NOTICE OF STORM DRAI[~AGE EASEMENT I, VACATION HEARING being first duly sworn, depose and say th t I am the Advertising Director, or his principal clerk, of the igard Times WOODFORD ESTATES LOTS 21 THROUGH 31 AND I=33 a newspaper of general circulation as defined in ORS 193.010 and 193.020; published at ryoarr) - in the The Tigard City Council will hold a public hearing on.Tuesday. Novem afo~Va)d cyg!e xanc st~~ a ~t esement ber 23, 1993. at 7:30 PA., at the Tigard City. Hall,,Town Hall Room, o ice 13125 S.W. Hall Boulevard" Tigard, Oregon, to consider the.pptrooposed ' a printed copy of which is hereto annexed, was published in the vacation of a recorded storm drdmago easement along the west boundary entire issue of said newspaper for One successive and of the plat Woodford Estates. Therequest.was initiated by the CityCotm- cil on October 26,1993. Any interested person may appear and bebeard, consecutive in the following issues: for or against the ptoposod vrsation of sand storm drainage easemeaL Any written ob'xdons or teaanstrasicea sFm1S be bled with City Recorder Nov. 4, 1993 by Novem 23,1993, by 7:30 P M Nov. 11 1993 TT7710 - Publish November 4;11.1993. Subscribed and sworn to of re me thls 4th of November, OFFICIAL SEAL C • ROBIN A. BURGESS yam) ^fi _ NOTARY PUBLIC - OREGON COk-Mi$SION NO. 024552 Notaryblic for Oregon MY Cot,PA SVI LXFIRES MAY 16,1997 My Commission Expires: AFFIDAVIT COMMUNITY NEWSPAPERS, INC. Legal Tr 7712 P.O. BOX 370 PHONE (503) 684-0360 Notice BEAVERTON, OREGON 97075 Legal Notice Advertising w City of Tigard e ❑ Tearsheet Notice a att: Terry e ❑ Duplicate Affidavit 13125 SW Hall Blvd. o Tigard, Or 97223 a PUBLIC HEARING The fol)owi4will be considered by the Tiourd City Council on November 23.1993, at 7:30 P.M;, at-Tigard Ctvic;Center, Town,Hall Room, 13125 S.W.. Hall Boulevard, Tigard,. Oregon: Further information AFFIDAVIT OF PUBLICATION may be obtained from the Community Development Director or City Recorder at the same location or by calling 6394..171. You are invited to STATE OF OREGON, ) submit written testimony in advance of the public hearing; written and COUNTY OF WASHINGTON, )SS' oral testimony will be considered at the hearu-tg. The public hearing will be conducted in accordance with the applicable Chapter 18.32 of the Kathy Sn- der Tigard Municipal Code and any rules of procedure adopted by the Council being first duty sworn, depose and say that I am the Advertising and available at City Hall. Director, or his principal clerk, of the Tigard Times ('OMPREHENSIVE PLAN AMENDMENT CPA 93 0005 a newspaper of general circulation as defined in ORS 193.010 and 193.020; published atTJ gard in the AND AREAS LOCATION: Citywide. fob~ spid county and state; that he A request by the City of Tigard to amend Policy 3.4 of the Comprehensive ~'u is Hearing/ CPA 93-05/Wetlanda ar a Plan, Findings, Policies, and Implementation Strategies, Volume 11 to a printed copy of which is hereto annexed, was published in the adopt a new Policy'pertaining.to Statewide Planning Goal 5 rule. requirements for the identification and protection of wetlands. This new entire issue of said newspaper for One successive and policy stipulates that once adequate information on the quality, quantity, consecutive in the following issues: and location of wetlands is obtained, the City will complete the Goal 5 administrative rule process. November 11, 1993 M712 - Publish November 11, Subscribed and sworn to b re me this 11 h day of November 1 Of'r!CIAL SEAL . ROBIN A. BURGESS NOTARY PLISLIC - OREGON Notary Pu c for Oregon COMMIS,--0N NO. 024552 M'i COMMISS;0N CXP!RES MAY 16,1997 My Commission Expires: AFFIDAVIT _ CITE( OF TIGARD, OREGON AFFIDAVIT OF POSTING In the Matter of the Proposed ,~1.~ 93 r3D• 93 - 31; STATE OF OREGON ) County of Washington ) ss. City of Tigard ) I, begin first duly sworn, on oath, depose a say: That I posted in the following public and conspicuous places, a copy of Ordinance Number (s) !25-34' 43-3I : 93-3.,a_ which were adopted at the Council Meeting dated )k" ,?S i K13 copy(s) of said ordinance(s) being herelo attached and by reference made a part hereof, on the -q day of , 19 °I3 1. Tigard Civic Center, 13125 SW Hall Blvd., Tigard, Oregon 2. West One Bank, 12260 SW Main Street, Tigard, Oregon 3. Safeway Store, Tigard Plaza, SW Hall Blvd., Tigard, Oregon 4. Albertson's Store, Comer of Pacific Hwy. (State Hwy. 99) and SW Durham Road, Tigard, Oregon Subscribed and swom to before me this day of 19 93 . Notary Public for Oregon My Commission Expires: - login\io\affpost ~os4 CITY OF TIGARD, OREGON ORDINANCE NO. 93-.,~-O AN ORDINANCE TO AMEND SECTION 3.4, NATURAL AREAS, OF VOLUME TWO, FINDINGS, POLICIES AND IMPLEMENTATION STRATEGIES, OF THE TIGARD COMPREHENSIVE PLAN TO ADD FINDINGS AND A POLICY STATEMENT PERTAINING TO AREAS OF SIGNIFICANT ENVIRONMENTAL CONCERN WHEREAS, Statewide Goal 5 requires a community to plan for its wetland and other resources once it has detailed information on the location, quality, and quality of each resource site; WHEREAS, the City has identified wetland areas within its Active Planning Area and assessed their wildlife habitat value; WHEREAS, the City inventory does not assess all of the functions and values of these wetlands; WHEREAS, under state administrative rules the City lacks the information required to proceed with further review; WHEREAS, the City intends to complete the goal 5 planning process for wetlands after adequate information is available; WHEREAS, the City of Tigard Planning Commission reviewed the staff recommendations at a public hearing on October 4, 1993, and voted to recommend approval of the amendments to the City Council; and WHEREAS, the amendments are in compliance with State Planning Goals and the City Comprehensive Plan; and WHEREAS, the City Council held a public hearing on November 23, 1993, to consider the amendments. THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: Volume II of the Comprehensive Plan shall be amended as shown in Exhibit "A". Language to be added is underlined Language to be deleted is shown in brackets. SECTION 2: This ordinance shall be effective 30 days after its passage by the Council, approval by the Mayor, and posting by the City Recorder. ORDINANCE No. 93- Page 1 PASSED: By (An a n i Yn L)us vote of all Council members present after being read by number and title only, this -)3,- day of _n1o✓em b1993. therine Wheatley, City Recorder APPROVED: 3"nis day of 1993. Gerald wards, Mayor Approved as to form: Attorney Date ORDINANCE No. 93-30 Page 2 EXHIBIT "A" Language to be added is underlineda.W. VOL19116,1E If COMPREHENSIVE PLAN FINDINGS, POLICIES AND IMPLEMENTATION STRATEGIES 3. NATURAL FEATURES AND OPEN SPACE 3.1 Physical Limitations and Natural Hazards and Wetlands 3.2 Floodplains 3.3 Natural Resources 3.4 Natural Areas 3.5 Parks, Recreation and Open Space 3.6 Park Standards 3.7 Historical-Cultural Resources 3.4 NATURAL AREAS Findings • There are a variety of plants, animals and water fowl within the Tigard planning area which add greatly to the quality of life within the community. • Each species requires a complex and,often, a narrowly specific set of conditions with respect to food, water and vegetative cover or other natural features necessary for escape and reproduction. • The significant plant communities and animal habitat areas are the riparian vegetation adjacent to the water resources in the community, and various stands of timber and brush. • Development adjacent to existing wildlife areas can adversely affect these areas and in some instances can virtually eliminate these needed wildlife habitat areas. • Vegetation contributes to the aesthetic quality of the community. Vegetation controls erosion, absorbs sound and moderates temperatures. It also affects the flow and moisture content of the air, reduction of air pollution and glare, and softens the impact of the urban environment. fi Mums= k beto9J12eP y:y .SY. ...KS~ ^^.av..;p:<,ryz:os~,OtNY k. :,~s' -Y•?fft~'? A. sr ~vssrs:. ,,,,J"~ .?r ~y Page 1 11 11:10:41:11. .~oLacrEs c 3.4.1 THE CITY SHALL DESIGNATE, BY T1ELTATi'T ON NOT °V T OC A -RON ; ENVIRONMENTAL CONCERN THE FOLLOWING AS AREAS OF SIGNIFICANT . a. SIGNIFICANT WETLANDS; b. AREAS HAVING EDUCATIONAL RESEARCH VALUE, SUCH AS GEOLOGICALLY AND SCIENTIFICALLY SIGNIFICANT LANDS; AND C. AREAS VALUED FOR THEIR FRAGILE CHARACTER AS HABITATS FOR PLANTS, ANIMAL OR AQUATIC LIFE, OR HAVING ENDANGERED PLANT OR ANIMAL SPECIES, OR SPECIFIC NATURAL FEATURES, VALUED FOR THE NEED TO PROTECT NATURAL AREAS. 3.4.2 THE CITY SHALL: a. PROTECT FISH AND WILDLIFE HABITAT ALONG STREAM CORRIDORS BY MANAGING THE RIPARIAN HABITAT AND CONTROLLING EROSION, AND BY REQUIRING THAT AREAS OF STANDING TREES AND NATURAL VEGETATION ALONG NATURAL DRAINAGE COURSES AND WATERWAYS BE MAINTAINED TO THE MAXIMUM EXTENT POSSIBLE; b. REQUIRE THAT DEVELOPMENT PROPOSALS IN DESIGNATED TIMBERED OR TREE AREAS BE REVIEWED THROUGH THE PLANNED DEVELOPMENT PROCESS TO MINIMIZE THE NUMBER OF TREES REMOVED; AND C. REQUIRE CLUSTER TYPE DEVELOPMENT IN AREAS HAVING IMPORTANT WILDLIFE HABITAT VALUE AS DELINEATED ON THE "FISH AND WILDLIFE MAP" ON FILE AT THE CITY. w M. r. J R' L Jgar jRev. Ord. 85-13) ~G CITY OF TIGARD, OREGON ORDINANCE NO. 93-3/ AN ORDINANCE CONCERNING THE VACATION OF A DEDICATED STORM DRAINAGE EASEMENT ACROSS LOT 67 OF THE PLAT CASTLE HILL IN THE CITY OF TIGARD, WASHINGTON COUNTY, OREGON. WHEREAS, the Tigard City Council initiated this vacation request pursuant to Section 15.08.040 of the Tigard Municipal Code on October 26, 1993; and WHEREAS, this easement is a dedicated public easement, giving the public rights over the land for storm drainage; and WHEREAS, the reason and purpose of this vacation is to eliminate a storm drainage easement in order to develop public improvements, including new easements for the revised storm drainage, associated with the approved Castle Hill #2 subdivision on Lot 67; and WHEREAS, the adjacent properties support this vacation; and WHEREAS, the vacation has been initiated by the City Council and approval has been recommended by the Community Development Department; and WHEREAS, all affected service providers, including utility companies and emergency service providers, have reviewed the vacation proposal and have no objections; and WHEREAS, notice has been mailed to all property owners abutting said vacation area and all owners in the affected area, as described by ORS 271.080; and WHEREAS, in accordance with Tigard Municipal Code 15.08.120 the Recorder posted notice in the area to be vacated and published notice of the public hearing; and WHEREAS, the property owners of the majority of the area affected have not objected in writing; and WHEREAS, the City Council having considered the request on November 23, 1993, finds that it is in the public interest to approve the request to vacate that certain portion of storm drainage easement because the public interest will not be prejudiced by this vacation as provided be ORS 271.120 and TMC Section 15.08.130; and WHEREAS, the Council finds that the following conditions are necessary to vacate said land: 1. The easement vacation shall not be effective until the recording of the final plat of Castle Hill #2. ORDINANCE No. 93- 31 Page 1 THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: The Tigard City Council hereby orders the vacation of that certain portion of the public storm drainage easement as shown and described on the attached exhibits A and C (map and legal description of area to be vacated), and by this reference made part there of. SECTION 2: The Tigard City Council further orders that the vacation be subject to the following condition: 1. The easement vacation shall take effect upon the recording of the final plat of Castle Hill #2. The applicant shall submit a copy of the recorded final plat. 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 u ►1 Ck R k rn 0-'-Z vote of all Council members present after being read by number and title only, this a3-cd day of 1993. atherine Wheatley, Cit Recorder APPROVED: This ~ -d day of a 1993. Ger Edwards, Mayor Approved as to form: c: City At rney /1-23 -9 3 Date ORDINANCE No. 93- Page 2 EXHIBIT "A" 10 1✓, 9 11 wALyUr sr - 12 13 8 14 S Cly£ 15 16 7 HA4,cM er A 6 5 17 A4 3 21 2p~ 2 F2 1 2 3 Atv 20 18 4 Z 19 S STARDUST 22 33 23 32 31 is- 24 34 30 25 687T 35 29 STORM 13RAIN EASEMENT 36 28 64 27 26 37 63 38 } 39 62 l1~~ 42 41 N.T.S. 40 }4 43 CASTLE HILL SUBDIVISION ' EXHIBIT "B" CITY OF TIGARD, OREGON 'l RESOLUTION NO. 93- 5a A RESOLUTION CONCERNING THE VACATION OF STORM DRAINAGE EASEMENTS IN LOT 67 OF THE PLAT OF CASTLE HILL WHEREAS, the plat of Castle Hill dedicated storm drainage easements across Lot 67; and, WHEREAS, the proposed plat of Castle Hill $2 will revise the storm drainage in Lot 67; and, WHEREAS, the developers of Castle Hill #2 have requested that the existing easements be vacated at the time that the new plat is recorded; and,, WHEREAS, the Tigard City Council finds it appropriate to initiate proceedings for the requested vacation. NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council that: Section 1: The Tigard City Council initiates a request for vacation of storm drainage easements in Lot 67 of the plat of Castle Hill. Section 2: A public hearing is hereby called to be held by the City Council on Tuesday, November 23, 1993, at 7:30 p.m. at Tigard City Hall, 13125 SW Hall Boulevard, within the City of Tigard, at which time and place the Council will hear any objections thereto, and any interested person may ( appear and be heard for or against the proposed vacating of said easements. Section 3: The City Recorder is hereby authorized and directed to cause to have published in the Tigard Times, a newspaper of general circulation in the City of Tigard, a notice of said hearing, the first publication to be November 4, 1993, and the final publication to be on November 11, 1993. The Recorder is further directed to cause to have posted within five days after the date of first publication, a copy of said notice at or near each end of the area proposed to be vacated. Section 4: The particular public easements to be vacated are shown on the attached Exhibit ^A^ and by reference made a part hereof. PASSED: This C a f/ Ute~~ 1993. / May- City of Tigard AT79, iLtirtr? .P City Recorder - City of Ti rd rv/vaa-res RESOLUTION NO. 93-5--)- Page 1 1 AWL& Exhibit "C" AX_pnA ENGXNE3MM it INC. ENGINEERING • DEVELOPMENT SERVICES ® SURVEYING ~ yZ I i f LEGAL DESCRIPTION STORM DRAIN EASEMENT VACATION ? CASTLE HILL NO. 2 JOB NO. 108-022 i f A PARCEL OF-LAND LOCATED IN THE NORTHWEST ONE-QUARTER OF SECTION 4, TOWNSHIP 2 SOUTH, RANGE 1 WEST, WILLAMETTE MERIDIAN, CITY OF TIGARD, WASHINGTON COUNTY, OREGON AND ALSO BEING A PORTION OF LOT 67 OF THE PLAT OF CASTLE HILL AS RECORDED IN PLAT BOOK 82, PAGES 31-36 WASHINGTON COUNTY PLAT RECORDS, DESCRIBED AS FOLLOWS: { 3 THOSE STRIPS OF LAND .15.00 FEET AND 20.00 WIDE SHOWN AS PUBLIC STORM DRAIN EASEMENTS TO CITY OF TIGARD LYING WTTHIN THE BOUNDARIES OF j SAID LOT 67. 4 a r 9 i t ORDINANCE NO. 93- PLAZA WEST • SUITE 230 - 9600 S.W. OAK PORTLAND. OREGON 97223 503-452-8003 FAX 503.452-8043 ,10> CITY OF TIGARD, OREGON ORDINANCE NO. 93-.3 i AN ORDINANCE CONCERNING THE VACATION OF A DEDICATED STORM DRAINAGE EASEMENT ACROSS LOTS 21 THROUGH 31 AND LOT 33, OF THE PLAT OF WOODFORD ESTATES IN THE CITY OF TIGARD, WASHINGTON COUNTY, OREGON. i WHEREAS, the Tigard City Council initiated this vacation request pursuant to Section 15.08.040 of the Tigard Municipal Code on October 26, 1993; and ! 1 WHEREAS, this easement is a dedicated public easement, giving the public rights over the land for storm drainage; and WHEREAS, the purpose of this vacation is to vacate a 15 foot storm drainage easement which is no longer needed due to the manner in which the properties were developed and graded; and WHEREAS, the adjacent properties support this vacation; and WHEREAS, the vacation has been initiated by the City Council and approval has been recommended by the Community Development Department; and r, WHEREAS, all affected service providers, including utility companies and emergency service providers, have reviewed the vacation proposal and have no objections; and WHEREAS, notice has been mailed to all property owners abutting said vacation area and all owners in the affected area, as described by ORS 271.080; and WHEREAS, in accordance with Tigard Municipal Code 15.08.120 the Recorder posted notice in the area to be vacated and published notice of the public hearing; and WHEREAS, the property owners of the majority of the area affected have not objected in writing; and WHEREAS, the City Council having considered the request on November 23, 1993, finds that it is in the public interest to approve the request to vacate that certain portion of storm drainage easement because the public interest will not be prejudiced by this vacation as provided be ORS 271.120 and TMC Section 15.08.130. ORDINANCE No. 93- 3Z Page 1 CITY OF TIGARD, OREGON l ORDINANCE NO. 93--0--2- AN ORDINANCE CONCERNING THE VACATION OF A DEDICATED STORM DRAINAGE EASEMENT ACROSS LOTS 21 THROUGH 31 AND LOT 33, OF THE PLAT OF WOODFORD ESTATES IN THE CITY OF TIGARD, WASHINGTON COY1wmYj OREGON. WHEREAS, the Tigard City Council initiated this vacation request pursuant to Section 15.08.040 of the Tigard Municipal Code on October 26, 1993; and WHEREAS, this easement is a dedicated public easement, giving the ' public rights over the land for storm drainage; and WHEREAS, the purpose of this vacation is to vacate a 15 foot storm drainage easement which is no longer needed due to the manner in which the properties were developed and graded; and WHEREAS, the adjacent properties support this vacation; and WHEREAS, the vacation has been initiated by the City Council and approval has been recommended by the Community Development Department; and { WHEREAS, all affected service providers, including utility companies and emergency service providers, have reviewed the vacation proposal and have no objections; and WHEREAS, notice has been mailed to all property owners abutting said vacation area and all owners in the affected area, as described by ORS 271.080; and WHEREAS, in accordance with Tigard Municipal Code 15.08.120 the Recorder posted notice in the area to be vacated and published notice of the public hearing; and WHEREAS, the property owners of the majority of the area affected have not objected in writing; and WHEREAS, the City Council having considered the rszuest on November 23, 1993, finds that it is in the public interest to approve the request to vacate that certain portion of storm drainage easement because the public interest will not be prejudiced by this vacation as provided be ORS 271.120 and TMC Section 15.08.130. ORDINANCE No. 93- jz Page 1 THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: The Tigard City Council hereby orders the vacation of that certain portion of the public storm drainage easement as described on the attached exhibit A (map of area to be vacated) and by this reference made part there of. 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.n0-r-u rnua 5 vote of all Council members present after being read b number and title only, this 3~ d day of ~Uc~~-~ 1993. Ca herine Wheatley, City Recorder APPROVED: This 3rd day of ✓V y , 1 3. Gert5d R. dwards, Mayor Approved as to form: C y torney 2,3 -95 Date ORDINANCE No. 93- Page 2 ~ r a • s EXHIBIT "A" EASEMENT TO BE VACATED IN WOODFORD ESTATES s 33 32 7 31 e 9 30 Y 29 it 28 W 27 - a W v 33 2 Q ' U Q 6 q 1 26 Y E W ~ n w o " D (A _ H l3 i• W N 6 W 15' STORM DRAINAGE S. V. BIRIISVILV ST. EASEMENT RETAINED 24 ac 15' STORM DRAINAGE 3 ® EASEMENT TO BE VACATED ra ® 15' STORM DRAINAGE 17 EASEMENT RETAINED 22 21 b ZO :i EX" %13 IT 15 CITY OF TIGARD, OREGON RESOLUTION NO. 93-53 { A RESOLUTION CONCERNING THE VACATION OF A STORM DRAINAGE EASEMENT IN WOODFORD ESTATES WHEREAS, the plat of Woodford Estates dedicated a storm drainage easement across Lots 21 through 31 and Lot 33; and, WHEREAS, it appears that the easement may be unnecessgry; and, WHEREAS, the owners of the affected lots have requested that the easement be vacated; and,, WHEREAS, the Tigard City Council finds it appropriate to initiate proceedings for the requested vacation. NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council that: Section 1: The Tigard City Council initiates a request for vacation of a storm drainage easement along the west boundary of the plat of Woodford Estates, as more particularly described in Exhibit "A". Section 2: A public hearing is hereby called to be held by the City Council on Tuesday, November 23, 1993, at 7:30 p.m. at Tigard City Hall, 13125 SW Hall Boulevard, within the City of Tigard, at which time and place the Council will hear any objections thereto, and any interested person may Z appear and be heard for or against the proposed vacating of said easements. Section 3: The City Recorder is hereby authorized and directed to cause to have published in the Tigard Times, a newspaper of general circulation in the City of Tigard, a notice of said hearing, the first publication to be November 4, 1993, and the final publication to be on November 11, 1993. The Recorder is further directed to cause to have posted within five days after the date of first publication, a copy of said notice at or near each end of the area proposed to be vacated. Section 4: The particular public easement to be vacated is shown on the attached Exhibit "A" and by reference made a part hereof. PASSED: This (P"' =ity 1993. rd ATT T: C ity Recorder - City of Ti d { rw/vac-res2 RESOLUTION NO. 93- :5-3 Page 1 OEM r EXHIBIT "A" - -1b lZesal~`t~~ C~_ EASEMENT TO BE VACATED A public storm drainage easement located in the east one-half of the northeast 1/4 of Section 9, Township 2 South, Range 1 West, Willamette Meridian, City of Tigard, Washington County, Oregon dedicated by the plat of Woodford Estates as recorded at Page 16 through 18 in Plat Book 80 in the records of Washington County, Oregon, and more particularly described as follows: i The west 15 feet of Lots 21 through 31 and the west 15 feet of Lot 33, EXCEPT the south 7.5 feet of Lot 24 and the north 7.5 feet of Lot 23. i dj/Exhibit t i i RESOLUTION NO. 93-53 Page 2 Ell Homeowners Woodward Estates We, the undersigned, petition the City of Tigard to formally vacate the 15 foot public easement, located at the west end of each affocted lot, at present stated to be a public easement for a private surface drainage system. This request Is made by agreement via a telephone conversation with City of Tigard Engineer Randall R. Wooley and Theodor R. Paulat of lot 23. The telephone conversation on this subject occurred on Sept 29, 1993, at approximately 1 PM from the Hillsboro USA Offlce. Owner Street Address Sub Signatures Date Names Tigard, OR 97224 DIV Lot q Done, R. Michael & Pamela 14401 SW 1301h 33 q White, Scott & Laurie 14423 SW 130th 32 ~ i Campbell, Paul & Deana 14445 SW 130th 31 Waymire, McMn G. Jr & Judith 14467 SW 130th 30 Cincotta, John & Sandra 14481 SW 130th 29 Westerman, James & Karla 14503 SW 130th O 993 !0 3 ! 3 Doyle. Larry & Gail 14525 SW 130th 27 `^l+~ , ~C~ \GPRO l o Koszarek, Joseph & Laura 14547 SW 13Dth 26 IN 23 Durgin, Ed & Jill 14569 SW 130th 25 /0 Cincotta. Dan & Lisa 14583 SW 130th 24 Z-73 Paulat, Ted & Karon 14605 SW 13Dth 23 Voydat. Beth & Joe 14627 SW 130th L21 Habei, Justin W. & Nancy K. • 14649 SW 130th 9/29/93 AGENDA ITEM NO. 3 - VISITOR'S AGENDA DATE: _ November 23. 1993 ~ (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 x\IogIn\jo\vI&ftor9.sht 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. AGEN!D TEM MO.. 5 DATE:: November 23,.'19 "s PUBLIC HEARING (Legislative) - COMPREHENSIVE PLAN AMENDMENT CPA 93-0005 WETLAND AREAS LOCATION: Citywide. A request by the City of Tigard to amend Policy 3.4 of the Comprehensive Plan, Findings, Policies, and Implementation Strategies, Volume 11 to adopt a new Policy pertaining to Statewide Planning Goal 5 rule requirements for the identification and protection of wetlands. This new policy stipulates that once adequate information on the quality, quantity, and location of wetlands is obtained, the City will complete the Goal 5 administrative rule process. j 1 1 I I PLEASE SIGN IN TO TESTIFY ON THE ATTACHED SHEETS AGENDA ITEM NO. S PLEASE PRINT Proponent - (Speaking In Favor) Opponent - (Speaking Against) Name ame Address Address p' ~ ~ ~ Zti5 Na~e ~ Name 4~- Address Address 11-39(, S~,v -o~ wtir `1 2 Z 3 Name. ^ Name Address Address Po Name Name Address Address Name Name Address Address Name Name Address Address Name Name Address Address Name Name Address Address Name Name Address Address Name Name Address Address Name Name Address Address wpm Depending on the number of person wishiri- o 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 ®ATE, Nov rribsr, 23, .1893 PUBLIC HEARING (Quasi-Judicial) - STORM DRAINAGE EASEMENT VACATION FOR WESTERN PORTION OF LOT 67 OF CASTLE HILL. The Tigard City Council will consider the proposed vacation of a recorded storm drainage easement across Lot 67 of the plat Castle Hill. The request was io ted by the City Council on October 26, 1993 on behalf of Larry York of Matrix Development Corporation. PLEASE SIGN IN TO TESTIFY ON THE ATTACHED SHEETS I AGENDA ITEM NO. Q PLEASE FRONT Proponent - (Speaking In Favor) Opponent - (Speaking Against) Name Name Address Address Name Name Address Name Name Address Address Name Name Address Address Name Name Address Address Name Name l Address resa Name LAdd,,,,- Name Address Name Address Address Name Name Address Address Name Name Address Address Name Name Address Address 5 a i1 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. i i AGENDA.ITEM NO. 7 DATE.:.November.23, 1983 PUBLIC HEARING (Quasi-Judicial) - STORM DRAINAGE EASEMENT VACATION - WOODFORD ESTATES, LOTS 21 THROUGH 31 AND LOT 33. The Tigard City Council will consider the proposed vacation of a recorded storm drainage a, easement along the west boundary of the plat Woodford Estates. The request was initiated by ' the City Council on October 26, 1993. s PLEASE SIGN IN TO TESTIFY ON THE ATTACHED SHEETS AGENDA ffEM NO. 7 PLEASE PRINT Proponent - (Speaking In Favor) Opponent - (Speaking Against) Name Name Address Address Name Name reas reas Name Name Address Address Name Name Address Address Name Name Address Address Name Name Address -Address Name Name Address Address Name Name Address Address Name Name Address Address Name Erem -Mckess Name Name Address Address .:~"u J 52 SS i ~ n ►I/~3I~3 CIT UPDATE CENTRAL Attendance: 20 - 25. Facilitators: High level of enthusiasm, work well together, rotating duties, facilitate well. Resource Team: Good understanding of role Issues: Good variety; Private Property Rights (Natural Resources protection), Bike Lanes, Traffic Enforcement, Recycling, Street Repair, Land Use Notification Process, Specific Street Improvements, Signs (Billboards, A-Frames), Neighborhood Watch, Street Vendors, Beautification of Main Street, Clean-up of Greenways. November Meeting: Presentation on Traffic Enforcement and Transportation Planning. December Meeting: Presentation on Natural Resources Planning. EAST Attendance: 25 - 30. Facilitators: High level of enthusiasm, serious about their duties, work well together, rotating duties, diffuse anger well. Resource Team: Good understanding of their role Issues: Metzger Park LID, Comp Plan Maps, Traffic Lights, Bike i Paths, Parks/Greenspaces, Density, Code Enforcement, Gangs, Tigard Triangle, Lack of Notice Prior to Development, Parking for Business, City Response to Quality of life Issues. November Meeting: Land Use Planning: What Is It, How Does It Work? December Meeting: Transportation Planning SOUTH Attendance: 25 - 35. Facilitators: High level of enthusiasm, variety of strengths, rotating duties, plan ahead, lost one. Resource Team: Making Presentations, understand role, follow- up. Issues: Traffic On Durham Road & Hall Blvd., Bike Paths (Safety), Fanno Creek (Preservation), Development Fees on New Construction, More cooperation with Library & Schools, Street Lights, Traffic Enforcement, Fence Regulations, Welcome to Tigard Sign, Triad, Gage, Greenspaces/Parks, Tri- Met Service, Speed Limits, City Response to Citizen Input, Streamline Process, Tree Cutting Ordinance. November Meeting: Land Use Planning: What Is It? How Does It Work? December Meeting: Transportation Planning l WEST Attendance: 30 - 40. Facilitators: High level of Enthusiasm, Facilitate well, rotating duties, proactive. Resource Team: Making Presentations, Understand Role. Sub Committees: Parks, Land Use t Issues: Bull Mountain Road, Development and Transportation- Planning, Development Fees, Annexation, Parks and Open Space, More CIT Involvement, County and City Jurisdiction, Density, Traffic Enforcement November Meeting: Transportation Planning and Funding. December Meeting: Transportation Planning and Funding - What ; Next? How to Get More People Involved in the CIT. GENERAL OBSERVATIONS: • Members very interested in education on issues. • Members interested in information up front. • Members most receptive to "driving the bus", but somewhat reluctant. • Need to continue to reinforce role of staff as resource. 1 i ~a31Ct3 LAND USE NOTIFICATION PROCESS In conjunction with the CITs, the City Council has revised the method for involving interested citizens in pending Land Use applications. EFFECTIVE JULY 1, 1993, the Neighborhood Planning organizations will no longer review pending Land use applications. In an effort to broaden citizen participation, the city Council has established Citizen Involvement Teams (CITs). THE PROCESS OUTLINED BELOW WILL TARE EFFECT ON JULY 1, 1993. THE REQUIRF24ENTS WILL APPLY TO ANY APPLICATION FILED ON OR AFTER THAT DATE. The City will provide a packet of sample documents as indicated below. If a proposed development involves the following, the applicant must contact affected property owners (as specified in the Tigard Development Code), and the CIT Steering committee representative following the pre-application meeting but BEFORE submitting the application: Comprehensive Plan Map Amendment Zoning Code Map Amendment Conditional Use Subdivision Planned Development Site Development Review Sign Code Exception or Sign Variance These requirements do not apply to applications not listed. The following must be completed: The applicant shall contact the affected property owners and CIT representative via first class letter. (Sample letter available.) The letter shall briefly describe the proposed development and its location. The letter shall request a meeting to discuss the application in more detail. The meeting should occur within 4 weeks of the date the letter is sent. The meeting should be held in the evening during the week so the maximum number of interested parties may attend and should be held in the CIT area, if possible. Efforts shall be made to avoid scheduling conflicts with City Council, Planning Commission or other community wide meetings. The applicant shall submit an affidavit of mailing with the mailing label list for the letter of all property owners and residents (as specified in the Tigard Development Code), with the application. (Sample affidavit available). The applicant shall provide and post notice of the meeting at the site at a location which is viewable from a public right- of-way. The notice shall be posted on the same day the letter to interested parties is mailed. The notice shall state that the site may be considered for a land use or development action and the telephone number where the applicant may be reached for additional information about the proposal. The applicant shall complete an affidavit of posting for the notices, which shall be submitted with the application. (Sample affidavit available). The applicant shall provide a sign-up sheet at the meeting held to discuss the proposal. Those in attendance that wish- to sign will be notified of future meetings and hearings on the proposal generated by the City. (Sample sign-up sheet available). In order for an application to be accepted, the applicant must submit: A copy of the letter sent setting the meeting(s) on the proposal with a mailing list(s). Corresponding affidavit(s) of mailing. Affidavit of posting for the sign. A copy of the sign-up sheet(s) from meeting(s) held with interested citizens on the proposal. ~ .v .?.a -may C Mayor Edwards: For the 10/23 meeting (agenda item no. 2) Sgt. John Newman and Lt. Chuck Martin were responsible for the LOC award of excellence proposal (3rd place to City of Tigard Police Department for Operation Slowdown) i Attached is a lengthy description of Operation Slowdown for which the City of Tigard received a third place award from League of t. Oregon Cities for their "Award of Excellence." Below is a suggested format for the presentation at the Council meeting: Mayor Edwards' comments.... s The Police Department initiated "Operation Slowdown" in five of our most troubled areas with regard to growing speeding car problems and tremendous traffic volumes in our neighborhoods. These areas were selected after extensive research and citizen involvement. 4 Benefits of this program include: Impact on City budget was minimal (total cost for j • all five zones was less than $500) i • Reduced speeds in traffic zones have improved traffic safety. • Citizens living in and near the zones have become acquainted with the officers and appear to appreciate the responsiveness of their City government to their concerns. Congratulate Sgt. Newman & Lt. Martin and ask them to come forward. Display for audience and t.v. camera the plaque which was received at the LOC conference earlier this month... OPERATION SLOWDOWN Operation Slowdown is a neighborhood speed control program that concentrates traffic enforcement in areas experiencing high volumes of traffic exceeding residential speed limits. Residential speed laws are strictly enforced. Drivers operating at speeds greater than 5 mph over the residential speed limit are given citations. Operation Slowdown provides an effective means to resolve citizens' complaints about neighborhood traffic problems while providing an efficient method for speed control and enhancing traffic safety city wide. In July of 1990 in response to rising citizen complaints about neighborhood traffic problems, the City Council established a separate traffic unit within the Tigard Police Department. C Operation Slowdown was implemented in December of 1991 with approval of the City Council. After being in operation for a little over a year, operation Slowdown has become an integral part of the City of Tigard's neighborhoods traffic management program. The project began with two Slowdown Zones, and three additional zones have been added. Each zone is patrolled once a month by the traffic unit, occasionally assisted by other traffic units from neighboring jurisdictions, and by Patrol officers. The object of Operation Slowdown is to concentrate traffic enforcement efforts in neighborhoods where there have been a high number of citizen complaints of speed in the neighborhood. A study to determine speed, volume and times the problems are occurring is first conducted by the traffic division. A determination is then made if operation Slow Down is an appropriate application for the r problem being experienced by the neighborhood. t Once an area is determined to be appropriate for Operation Slowdown, a surveillance zone is marked with a white stripe across the pavement and signs placed indicating that the residential speed law is strictly enforced, with the 25 mph limit signs prominently displayed. Traffic officers then work each zone one day a month. Dates and times of the enforcement action in each zone are not announced. The impact on the city budget is minimal as it cost less than $70.00 dollars apiece for each zone to be set up. Total cost to the City of Tigard to mark and sign all five zones has been less than $500.00. There are numerous benefits to Operation Slowdown. First, reduced speeds in the zones have improved traffic safety. During the first year of operation, the initial zone showed a decrease of 57.4% in speeds in the range on 30 mph to 50 mph. Vehicles traveling within the National Safety Council limits of seven miles over the posted residential limit increased by nearly 39%. Most noteworthy is the fact that traffic volume through the zone decreased 10.5%. Vehicles that were using the street through the zone as a shortcut to shopping and business districts began using other routes. Traffic officers have noted that finding speeding violations in all of the zones is becoming more difficult. Initially they were issuing citations at a rate of one citation per officer every eight minutes, and now the rate in some zones is approximately 2 per hour. Aside from the obvious benefits of speed reduction, other benefits have occurred. Citizens living in and adjacent to the zones have had positive action taken by city government to resolve their complaints. They have become acquainted with the police officers working in the zones, and they often provide coffee and cold beverages to the officers while they are working. Efficient management of the zones has freed officers to spend time working in other areas as each of the neighborhood zones requires less enforcement action with continual maintenance. Other programs have been instituted as a result of Operation Slowdown. The City of Tigard Police Traffic Unit works in cooperation with neighboring jurisdictions by sharing traffic resources. This allows the City to put more officers in the slowdown zones on the days they are being worked. The results are twofold: enforcement has a greater impact as not only more citations are written but the site of several traffic units all with emergency lights with several officers issuing citations to multiple motorists has a far greater impact than just a solo officer working the zone. Cooperation between neighboring jurisdictions is increased, and officers look forward to going to other cities for a day. Operation Slowdown is an effective, low-cost program to manage neighborhood speed problems. The program is easily adapted in other cities because of low set up and maintenance costs. Citizens get a timely response to complaints with lasting results. s 111 011 l i i 1 i November 15, 1993 League of Oregon Cities Award for Excellence Competition P. O. Box 928 Salem, OR 97308 The City of Tigard, population 32,100, has been researching how to better address the growing speeding car problems and tremendous traffic volumes in our neighborhoods. The Police Department initiated "Operation Slowdown" in five of our most troubled areas as the result of extensive research and citizen involvement. As you can see from our attached information, we are extremely pleased with the results. Your contact person for more information is Lt. Chuck Martin, and he can be reached at 639-6168. Thank you for your consideration of this Award of Excellence program. Sincerely, Gerald R. Edwards Mayor Enclosure AGENDA ITEM # I oZ- For Agenda of November 23, 1993 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Initiation of Vacation Proceedings fora portion of Sow. 79th Avenue PREPARED BY: Will D'Andrea DEPT HEAD OK CITY ADMIN Oj ISSUE BEFORE THE C CIL Should the City Council initiate vacation proceedings for: 1) A portion of SW 79th Avenue, beginning with the intersection of SW 79th Avenue and SW Pacific Highway and continuing to the southeast terminus of SW 79th Avenue, and 2) an unnamed 20' wide right of way located immediately to the east of SW 79th Avenue. STAFF RECOMMENDATION It is recommended that Council initiate vacation proceedings by adopting the attached resolution. INFORMATION SUMMARY ial Keever, the petitioner, is requesting that City Council initiate vacation proceedings for a portion of the SW 79th Avenue right-of-way as well as an unnamed 20 foot right of way (exhibit A). The petitioner has stated that this vacation is needed as part of a lot consolidation process being undertaken to develop a site for a Costco Wholesale store. Parcels adjacent to the right of way have been optioned for purchase by Costco. There are currently nineteen (19) properties which have access to this portion of SW 79th Avenue. The present owners of the parcels along SW 79th Avenue have given petitioner (W&H Pacific, as agent for Costco Wholesale) permission to act as agent for them in this street vacation process and the associated development of the Costco site. The petitioner requests that the street vacation be conditioned upon the approval of the Site Development and Planned Development Review of the proposed store. Appropriate agencies shall be contacted for comments. Attachments: Exhibit A - vicinity map; Exhibit B - applicant's request; OTHER ALTERNATIVES CONSIDERED 1. Delay action until approval of the site plan. FISCAL NOTES All fees have been paid by the applicant. All- CITY OF TIGARD, OREGON ~y qff RESOLUTION NO. 93- A RESOLUTION CONCERNING THE VACATION OF: 1) A PORTION OF SW 79TH AVENUE, BEGINNING WITH THE INTERSECTION OF SW 79TH AND SW PACIFIC HIGHWAY AND CONTINUING TO THE SOUTHEAST TERMINUS OF SW 79TH AVENUE, AND 2) AN UNNAMED 201 WIDE RIGHT-OF-WAY LOCATED IMMEDIATELY TO THE EAST OF SW 79TH AVENUE, IN THE CITY OF TIGARD, WASHINGTON COUNTY, OREGON. WHEREAS, this portion of SW 79th Avenue is a dedicated public right-of-way, aiding the public rights over the land for street and utility improvements= WHEREAS, SW 79th Avenue, in the vicinity of the area proposed for vacation is no longer needed; and WHEREAS, the property owner(s) will be required to provide easement(s) for access and any utilities located within the area proposed for vacation; and WHEREAS, the Tigard City Council finds it necessary and desirable to initiate vacation proceedings for said right-of-way. NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council that: (1) The Tigard City Council initiates the vacation request with the understanding that those property owners who would normally sign a petition shall be notified mail of the proceedings; and (2) A public hearing is hereby c led to be held by the City Council on Tuesday, January 25, 1993, at :30 PM at the Tigard Civic Center Town Hall Room, 13125 SW Hall Bouleva d, within the City of Tigard, at which time and place the Council shall ear any objections thereto, and any interested person may appear and a heard for or against the proposed vacating of said right-of-way; and (3) The City Recorder be, and she is h eby, authorized and directed to cause to have published in the Tiga Times, a newspaper of general circulation in the City of Tigard hereb designated for such purpose, a notice of said hearing in the form heret attached and by this reference made a part hereof, the first publication to be January 13, 1993 and the final publication to be on January 20, 1 3. The recorder be, and she is hereby, Furth directed to cause to have posted within five (5) days after the date of first publication, a copy of said notice at or near each end of the area proposed to be vacated; and RESOLUTION NO. 93- Page 1 ( 4 ) That the particular portion of granted public right-of-way to be vacated is shown on the attached sheet labeled Exhibit "A" and by reference made a part thereof. PASSED: This day of , 1993. ATTEST: Mayor - City of Tigard City Recorder - City of Tigard RESOLUTION NO. 93- Page 2 eA r---~ Sot17' W N co W Q S.W. Co U) PFAFFL£ UUe H ST. ii it Q PUSUC ROADWAY 0 1 N, 6A / \ v ~ ~ a REET ~ Zvi i~ \ - ~ l I L _H_ SOUTH 0 U r- PARK Q w- GAR0~'N c \ N 2/T f /r I 1 HEPgpSp bYAY ! B E VEc. 4 Iv p .ate J • f HiL LEWIS ' I ELEMENTARY Iola PACIFIC 8405 S.W. Nimbus Avenue PO. Box 80040 Portland, OR 97280 NOTICE OF R]TENT TO VACATE S.W. 79TH AND AN ~-NAMED RIGHT OF WAY IMMEDIATELY ]EAST OF 79TH 1018/93 To: City Recorder City of Tigard Costco Wholesale, acting as agent for owners of the property identified on Tax Map 1S1 36CD, 2S1 1BB, and 2S1 1BA, and having said property under option for purchase, do hereby file notice of intent to vacate a portion of S.W. 79th Avenue in the City of Tigard and an unnamed 20' wide right of way located immediately to the east of 79th Street shown in yellow on the attached tax map. The street and right of way vacation would encompass all street, right of way, and utilities within the 79th Street right of way from a point parallel to the right of way edge for the Pacific Highway adjacent to 79th Street and the un-named 20' wide right of way. The vacation is needed as part of a lot consolidation process being undertaken to develop a site for a Costco Wholesale store to be located on a part of that right of way and the adjacent residential parcels which have been optioned for purchase by Costco Wholesale. With the exception of sanitary sewer, the existing utilities within the 79th Street right of way would be removed up to a line perpendicular to the intersection of the 79th Street right of way and the right of way for the Pacific Highway. The sanitary sewer would be relocated to run along the west boundary of the lots adjacent to the existing 79th Street. Costco Wholesale requests that the street vacation be conditioned upon the approval of the Site Development and Planned Development Reviews of the proposed store development. In addition, the present owners of the parcels along 79th Street have given W&H Pacific, as agent for Costco Wholesale, permission to act as agent for them in this street vacation process and the associated development of the Costco site. A copy of their signed Development Application Authorizations are included with this notice of intent. Attached is the $300.00 application fee required by Tigard Municipal Code 15.08.160, Please feel free to contact me at 626-0455 if you have any questions or need additional information in processing this street vacation. Sincerely, W HP 'ic Keever i (503) 626-0455 Fax (503) 526-0775 Planning- Engineering* Surveying* Landscape Architecture* Environmental Services i AGENDA ITEM # r 3 1 For Agenda of 1 ! ,53 23 f I CITY OF TIGARD, OREGON I COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE A ointments to the Planning commission PREPARED BY: Liz Newton DEPT HEAD OK CITY ADMIN OK ISSUE BEFORE THE COUNCIL j Appointment of Nick Wilson and Carolyn DeFrang to the Planning Commission. STAFF RECOMMENDATION Adopt the attached resolution appointing Nick Wilson and Carolyn DeFrang to the Planning Commission as recommended by the Mayor's Appointment Advisory Committee. INFORMATION SUMMARY Jack Schwab's term on the Planning commission expired on October 31, 1993. He is not interested in reappointment. Jim Castile has resigned from the Commission vacating an unexpired term. On October 27, 1993, the Mayor's Appointment Advisory Committee interviewed Nick Wilson and Carolyn DeFrang who are interested in serving on the Commission. Since the Park Board has been disbanded, the Planning Commission will be more involved in long range park and open space planning. There ar no current members on the Commission with a background in parks or landscaping. Nick Wilson's application is attached. Carolyn DeFrang is the immediate past Chair of the recently disbanded Park and Recreation Board. Attached is a resolution which, if approved would appoint Nick Wilson and Carolyn DeFrang to the Planning Commission. OTHER ALTERNATIVES CONSIDERED FISCAL NOTES_ S JAN 2 6 199 l~. ~JE-5i.. CITY OF TI D OREGON CITIZEN COMMITTEE INTEREST APPLICATION Name: A// CK L-5,0 if Date: 1 1- 14- -q!9, Address (Res.): 125'73 gk.l Wit4nT IZLAKI= U'- Res. Phone: 5'24--637 7 Andress (Sus.): 3 al S yJ G~lr~,St-1 /tiGTO t~l ~2c? porz~tA~us. Phone: 223 Length of Residence in Tigard: 2 YE-=FA V-5 Suggested by: JIM G45TiUr Where did you live previously: 1W-t Of Educational Background: 73A.0 -t. LVXZ- e >,E= l..a~s+7S G/ E c' ~T GTV tz ~ WWI Occupational Status and background: L-&-&4 Xa4i= C7 Sd\-P.L c" ter c 7 z 1.-I 67M-L--~ /4`~Y3 .i "T I CAV rL. How long have you been employed with this firm: +2 Is this Company located within your NPO area (NPO applicants only): Previous Community Activity: Organizations and Offices: Other Information (General Remarks): HY OCCVi=is.-yj v,.~~~ t✓'XC'~s-~,~ENC~ lt-OLvt7VE::5 13M--ems Pchur~~,~c,r_~vMt~ttSS~v,-~S n~ 4~ Boards, Committees or NPO Interested in: "PI~.r1c~11r`lG, Co~~l~l/55 Date Received at City Hall Date Intervievved Date Appointed Board, Committee, or NPO Inside City Outside City kgin\hz\citmmin 13125 SW Hall Blvd., P.O. Box 23397, Tlgard, Oregon 97223 (503) 639-4171 AGENDA ITEM # 5 For Agenda of 11/23/93 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Natural Areas Policy Amendments i PREPARED BY: Duane Roberts DEPT HEAD O CITY ADMIN OK ISSUE BEFORE TH COUNCIL Should the City amend the comprehensive plan policy document to add findings and a policy statement related to Statewide Goal 5 compliance as recommended by the Department of Land Conservation and Development (DLCD). STAFF RECOMMENDATION Staff recommends approval of the proposed findings and policy amendments. INFORMATION SUMMARY The planning division proposes to amend the Natural Features and Open Space section of the Tigard Comprehensive Plan, Volume Two, Findings, Policies, and Implementation Strategies by adding certain required information pertaining to the City's Goal 5 review of wetland areas. As explained in the attached staff report, the proposed policy amendment is a so-called lb decision, which is a determination by a jurisdiction that available information is not adequate to complete the Goal 5 rule requirements. Goal 5 requires a community to plan for its wetland and other resources once it has detailed information on the location, quantity, and quality of each resource site. Although the City's wetland study identifies an extensive number of wetlands within Tigard and assesses wildlife habitat value, the inventory does not include an assessment of all the functions and values of these wetlands. Therefore, according to state administrative rules, the City lacks the information required to proceed with further review. The proposed policy amendment expresses the City's intent to complete the Goal 5 process for wetlands once adequate information is available. Adoption of this amendment is the last remaining task required to complete the City's Periodic Review. At their October 4, 1993, meeting the Planning Commission unanimously voted to recommend that the City Council approve the proposed amendments. The amendments submitted herein have been changed to add a new finding that references the state administrative rules under which these amendments are made. This addition was suggested by DLCD staff.