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City Council Packet - 05/10/1994_4/t%d. 40 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 estimate it is recommended that persons interested in testifying be present by 7:15 p.m. to sign in on the testimony sign-in sheet. Husic~ena~s it+e►ns c=an be heard in order a 7:30 ~a.rn. 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 cat/ 639-4171, Ext. 309 (voice) or 684-2772 (fDD - 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 (OD - Telecommunications Devices for the Deaf. SEE ATTACHED AGENDA rs COUNCIL AGENDA - MAY 10, 1994 - F'AG` 1 CITY COUNCIL BUSINESS MEETING MAY 10, 1994 AGENDA STUDY MEETING (6:30 P.M.) Update from Tualatin Valley Economic Development Corporation - Mary Tobias, President Agenda Re,.iew 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 I] 2. !VISI'TOR'S AGENDA (Two Minutes or Less, Please) 3. CONSENT AGENDA: These items are considered to be routine and may be enacted in one motion without separate discussion. Anyone may request that an item be removed by motion for discussion and separate action. Motion to: 3.1 Approve Council Minutes - April 19, 1994 3.2 Receive and File: Council Calendar 3.3 Approve Supplemental Budget for 1993/94 - Resolution No. Kea 3.4 Approve Contraca _ i h Washington County Department of and Human Services to Allow Receipt of $5,000 in Grant Funds for Anti-Gang Purposes . 3.5 Adopt Community Policing Philosophy for the Tigard Police Department - Resolution No. 94- 3.6 Local Contract R 'ew Board a. Amend Storm and Sewer Capital Improvement Project List for Fiscal Year 1993-94 and Authorize the Engineering Department to Advertise for Bids (Storm Drainage - S.W. Main Street and Commercial Avenue; Sewer - Woodward Park Greenway) b. Authorize Advertising for Construction Bids - Park/Watkins Shoulder Improvements Project C. Award Contract to Seminole Environmental, Inc., to Construct Cook Park Wetland Improvements d. Authorize City Administrator o Sign a Wetland Consulting Contract with SRI/Shapiro e. Authorize Staff to Hire a Consultant to Study the Park Systems Development Charges COUNCIL AGENDA - MAY 10, 1994 - PAGE 2 4. COUNCIL CONSIDERATION: REIMBURSEMENT DISTRICT ORDINANCE • Staff Report: City Enginee,~ wo 22 • Council Consideration: ® finance No. 94-_L P COUNCIL CONSIDERATION: AMENDMENT TO TIGARC MUNICIPAL CODE 1 " ORDINANCE PERTAINING TO Ct4RONIC NUISANCE PROPERTY • Staff Report: Chief of Police • Council Consideration: Ordinance No. 94%-- 6. NON-AGENDA MEMS 7. 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. 8. ADJOURNMENT ooaW1o.94 40 Council Agenda Item 'I Ask T I A R D C I T Y C 0 ZF N C I I, N ETING MINUTES - MAY 10, 1994 • Meeting was called to order at 6:32 p.m. by Mayor Jack Schwab. 1. ROLL CALI. Council Present: Mayor Jack Schwab; Councilors Judy Fessler, Wendi Conover Hawley (arrived at 7:30 p.m.), and Paul Hunt. Staff Present: Patrick Reilly, City, Administrator; Jim Coleman, Legal Counsel; Wayne Lowry, Finance Director; Liz Newton, Community Involvement Coordinator; Catherine Wheatley, City Recorder; and Randy Wooley, City Engineer. STUDY SESSION Representative to Greenspaces - Motion by Councilor Fessler, seconded by Mayor Schwab, to cast a vote in favor of Gordon Faber, Mayor of Hillsboro as representative to the Greenspaces program. Motion paused by unanimous vote of Council' present (Mayor Schwab and Councilors Fessler and Hunt voted 11yes.11) EXECUTIVE SESSION was called to order at 6:35 p.m. 19 Study Session Meeting reconvened at 6:40 p.m. Update from Tualatin Valley Economic Development Corporation - Mary Tobias (cancelled). Agenda Review - The following items were noted with regard to the Consent Agenda: Items 3.4 and 3.5, which are Police Department issues, were withdrawn (rescheduled to May 24, 1994). In addition, Agenda Item 5 was recommended to be set over to May 24, 1994 (consideration of amendment to Tigard Municipal Code - ordinance pertaining to chronic nuisance property). Councilor Hunt said he would request the following items to be pulled from the Consent Agenda for separate discussion: Items 3.3 and 3.6 (c), (d) and (e). Councilor Hunt advised he would be proposing a resolution for Council consideration with regard to a "No Left Turn onto Naeve Street at the intersection of the connection between S.W. 109th Avenue and Royalty Parkway. Meeting recessed at 6:45 p.m. Meeting recessed at 7:30 p.m. CITY COUNCIL MEETING MINUTES - MAY 10, 1994 - PAGE 1 (Councilor Hawley arrived at 7:30 p.m. BUSINESS P~%BZ.TNr, COUMIL COMMMICATIONSILIASSON REPORTS: Councilor F'essler• advised there was an unveiling of the Tigard Vision Imaging project (as well as all of the other imaging projects in the region) by Metrc) at the Tigard Water Building earlier that day. She noted Consultant Peter Calthorpe, did a very good job of presenting the information. Mayo? Schwab advised the first formal meeting of the I-5/217 task force would occur Thursday afternoon at 3:00. The meeting's purpose is to determine the status of the Phoenix proposal and whether it would be possible to put off the intersection construction to find more dollars. He noted there will be a report back to Council. NON-AGEIMA ITEMS: Councilor Hunt advised the no left turn resolution onto Naeve would be proposed by him during the non-agenda. 3. VISITOR°S AGENVA• Jack Polans from King City questioned the status of the proposed Triad apartment development. He noted concerns with additional traffic regarding auto emissions, and especially advised of his concerns with health hazards. Anthony Maksym signed the Visitor's Agenda roster regarding the reimbursement district ordinance. Mayor Schwab advised Mr. Maksym would be given an opportunity to speak during that agenda item. Dave Atkinson, 10460 SW Century Oak Drive, relayed two incidents with regard to phoning the Police dispatch. The first incident involved spray-painted graffiti, and the second occasion related to an unwanted solicitation (at his home) for a donation. He mentioned problems with the amount (took a long time to answer the questions) and type of information the dispatcher required. He said he was surprised to learn Tigard no longer had a dispatch center. Pie noted concerns with the dispatch center being located outside the City and that it appeared the dispatcher was unfamiliar with the Summerfield area. City Administrator Reilly agreed Mr. Atkinson apparently did not receive good response in terms of'his inquiries ato the Police dispatch. He said he would follow up with the Police Chief. Mr. Reilly explained that CITY COUNCIL MEETING MINUTES - MAY 10, 1994 - PAGE 2 approximately four years ago the Ci,~:y contracted with WCCCA (Washington County Consolidated Communications Agency) for county-wide, dispatch operations. This conversion occurred after a voter-approved public safety bond issue with Washington County operating the dispatch system. Mr. Atkinson reiterated that the dispatcher did not appear to know the territory. He also questioned whether there was a list of approved solicitors which could go door-to-door in the City of Tigard. Legal Counsel Coleman advised of time periods (9 p.m. to 8 a.m.) during which time solicitation is not allowed. If solicitation occurs in the off-hours or if the solicitors do not leave when asked then this can be considered to be "criminal trespass." He noted it is difficult'to regulate door-to-door salespeople. Councilor Hunt advised he also had experience with the same solicitor as Mr. Atkinson, and questioned the ability of what the City could do if persons were not represeniCing themselves correctly. Counsel Coleman said more research would be needed to respond fully; most likely, State statute can be applied with regard to fraudulent acts. 3. gQNs mm AGENDA: 3.1 Approve Council Minutes - April 19, 1994 3.2 Receive and File: Council Calendar 3.3 Approve Supplemental Budget for 1993/94 - Resolution No. 94-2,3 (Considered and approved during Non-Agenda) 3.4 Approve Contract with Washington County Department of Health and Human Services to Allow Receipt of $5,000 in Grant Funds for Anti-Gang Purposes (Set over to 5/24/94) 3.5 Adopt Community Policing Philosophy for the Tigard Police Department - Resolution No. 947(Set over to 5/24/94) 3.6 Local Contract Review Board a. Amend Storm and Sewer Capital Improvement Project List for Fiscal Year 1993-94 and Authorize the Engineering Department to Advertise for Bids (Storm Drainage - S.W. Main Street and Commercial Avenue; Sewer - Woodward Park Greenway) b. Authorize Advertising for Construction Bids - Park/Watkins Shoulder Improvements Project 0 CITY COUNCIL MEETING MINUTES - MAY 10, 1994 - PAGE 3 ANN. (Items c, d, and a were considered and approved during Non-Agenda.) C. Award Contract to Seminole Environmental, Inc., to Construct Cook Park Wetland Improvements d. Authorize City Administrator to Sign a Wetland Consulting Contract with SRI/Shapiro e. Authorize Staff to Hire a Consultant to Study the Park Systems Development Charges Motion by Councilor Hunt, seconded by Councilor Fessler, to approve Consent Agenda Items 3.1, 3.2, and 3.6 (a) and (b). Motion was approved by unanimous vote of Council present. (Mayor Schwab and Councilors Fessler, Hawley and Hunt voted 11yes.10 ) Items 3.4 and 3.5 were removed from the agenda. Item 3.3 and 3.6 ( c) , (d) and ( e ) will be considered during the Non-Agenda. 4. COUNCIL CONSIDERATION: RETM URSE ENT DISTR.TCT ORDINANCE City Engineer Wooley reviewed the staff report, a copy of which is on file with the Council packet information. Council was presented with two action items in their council packet material for this agenda issue. One item was a resolution establishing an application fee for formation of a reimbursement district. The second item was a proposed ordinance repealing Tigard Municipal Code Chapter 13.08, Street, Sewer, and Water Improvements, and adding Chapter 3.09, Reimbursement Districts. Council asked several questions with regard to definition of different terms. Also, there were several issues with Item (e) on Page 4 of the draft Exhibit A. Primary concerns were wit1i the meaning of the terms "fee adjustment," and "opportunity costs lost." Councilor Hunt questioned Page 4(f) which referred to resetting of costs by resolution for the administration of a reimbursement fee agreement. (Note: During later Council discussion, consensus was that a review of costs at the time of reimbursement district formation would not be unnecessarily cumbersome; the language was left as proposed.) Councilor Hunt questioned 13.09.110 (b), and why a building iiuproveiuc iv of 25a of the value would trigger participation in the reimbursement district. City Engineer Wooley responded that this was more straight-forward and understandable for a reimbursement district for something like a street (as opposed to a sewer). He noted that the proposed language also exists CITY COUNCIL MEETING MINUTES - MAY 10, 1994 - PAGE 4 in the current language. City Engineer advised that it is difficult to determine when additional improvements to a building would actually increase the burden on the streets and utilities in place, but at some point the participation should kick in. During discussion on the agenda item, Council consensus was to leave this language as is. Councilor Hawley questioned Page 4(e) noting that documentation is not required for the costs. Council consensus was to require documentation and this was reflected in the language as amended by Council during the motion later in the meeting. There was a question on Page ,5 of the Public Hearing section (13.09.050): What was the difference between an informational public hearing and a public hearing? Legal Counsel Coleman advised that a reimbursement district process is different from a local improvement district (LID) process. An "informational public hearing" is the hearing process to use for a reimbursement district; the LID "public hearing" would have a different set of requirements for its conduct. There was a question on the resolution as to why the pre- construction application process fee was more expensive than the post-construction fee. It was explained that the pre- construction application required two hearings, and thus more staff time and notice costs. The post-construction. application required one hearing. Mayor Schwab called for those interested in speaking on this issue. Anthony Maksym, 13565 SW 72nd Street, Tigard, Oregon. Mr. Maksym advised he liked the phrase "informational public hearing." He asked Council to consider including more public participation in this process and delay this issue for a public hearing. He advised there was no rush to make the final decision on the proposed ordinance with no hart done if there was a delay for public comment. Mr. Maksym highlighted several areas of concern with regard to the ordinance: - He noted in several places in the ordinance the City included hold harmless type of language. He noted he would prefer the applicant be required to post bond on the work done for a set number of years. He noted improvements should be done to "LID standards." CITY COUNCIL ME SING MINUTES - MAY 10, 1594 - PAGE 5 He noted concerns with the way costs axe ascertained. He expressed concern that the applicant did not have to go through a bidding process as would be required for any other major city improvements, i.e., LID improvements. While not a lien on property as an LID would be, Mr. Maksym advised a reimbursement district remains a cloud on title and an encumbrance (up to several thousand dollars). Mr. Maksym questioned language on Page 9(2), stating the City shall not be liable for payment of any reimbursement fee, annual fee adjustment, or a portion thereof, as a result of this determination. Legal Counsel Coleman noted this language is placed in the ordinance to protect the taxpayers from footing the bill of a private person. Mayor Schwab, referring to Mr. Maksym's comments, advised that the Council was either elected or appointed to protect the public interest. He advised this particular ordinance was the second time Council had reviewed the language. Mayor Schwab said that he did not favor putting off the decision on the ordinance. In response to a question by Mayor Schwab, City Engineer Wooley advised the reimbursement district ordinance was written to include street, sewer and water improvements. Councilor Hawley noted she believed the liability disclaimers within the ordinance were to protect the public. She noted council has reviewed this issue and has given it a "good go." Council reviewed language on Page 4 (13.09.030) (e). After discussions with Legal Counsel Coleman, the paragraph was amended to read as follows: "the reimbursement fee shall be adjusted annually, beginning on the first anniversary of the date of the reimbursement agreement as a return on the investment for the person or the City. The annual fee adjustment shall be fixed and determined by the Council and computed against the reimbursement fee as simple interest and will not compound. The City Engineer may take into account the documented cost of any financing, including prepayment points, prepayment penalties, loan fees, and the actual percentage rate of interest being paid by the applicant, when recommending the annual fee adjustment to the City Council;" CITY COUNCIL MEETING MINUTES - MAY 10, 1994 - PAGE 6 RESOLUTION NO. 94-21 - A RESOLUTION OF THE TIGARD CITY COUNCIL ESTABLISHING AN APPLICATION FEE FOR FORMATION . OF. A REIMBURSEMENT DISTRICT. Motion by Councilor Hunt, seconded by Councilor Hawley, to approve: Resolution No. 94-21. Motion was approved by unanimous vote of Council present (Mayor Schwab and Councilors Fessler, Hawley, and Hunt vowed 1rves_nN ORDINANCE NO. 94-10 - AN ORDINANCE OF THE CITY OF TIGARD REPEALING TIGARD MUNICIPAL CODE CHAPTER 13.08, STREET, SEWER, AND WATER IMPROVEMENTS; ADDING CHAPTER 13.09, REIMBURSEMENT DISTRICTS WHICH PROVIDES A NEW PROCESS FOR FORMATION OF A REIMBURSEMENT DISTRICT; AND, CLASSIFYING THE FEES IMPOSED BY CHAPTER 13.09 AS NOT SUBJECT TO ARTICLE XI, SECTION 11B OF THE OREGON CONSTITUTION. Motion by Councilor Fessler, seconded by Councilor Hawley, to approve Ordinance No.'94-10. notion was approved by unanimous vote of council present (Mayor SchTATab and Councilors Fesslar, Hawley, and Hunt voted etyes. 1° ) Mayor Schwab clarified that applications now in process would be considered under the old ordinance. 5. COUNCIL CONSIDERATION: AMENDMENT TO TI:GARD MUNICIPAL CODE - ORDINANCE PERTAINING TO CHRONIC NUISANCE PROPMfY - continued to May 24, 1994. 6. NON-AGENDA, ITEM : 6.1 Consideration of a resolution to prohibit a left turn of southbound traffic onto Naeve Street at the intersection of a connection between SW 109th Avenue and Royalty Parkway. Councilor Hunt introduced this non-agenda item. He noted his concerns that if the Triad apartments were developed, road construction could start immediately on the connection between SW 109th Avenue and Royalty Parkway. He advised he was concerned the traffic generated by the new development, including the 35 homes currently under construction nearby, would come down 109th to -cane new street connection, turn left on Naeve and travel through Summerfield. He noted other road connections have not yet been made to alleviate pressure of increased traffic at Kable Street and the proposed Lady Marion Street. CITY COUNCIL MEETING MINUTES, - MAY 10, 1994 - PAGE 7 Councilor Hunt noted his proposal would prevent some of the traffic from traveling through Summerfield to arrive at Durham Street. He referred to the unique quality of the Summerfield area (golf course with golf carts allowed on the streets). The extra traffic, he advised, would cause problems. He said that, for safety reasons, he would advocate a left turn be prohibited. Mayor Schwab advised he was familiar with this issue and agreed with Councilor Hunt. He said he had no objection to a "no left turn." Mayor Schwab asked for the City Engineer's opinion on this issue. City Engineer Wooley advised of several concerns. He commented that Council had recently adopted an ordinance to encourage connectivity of Tigard streets. in addition, he advised that signs are difficult to-enforce, "legitimate trips" should be able to make a left turn to travel within the neighborhood, and people nay be tempted to go past the sign and make a u-turn, which would not create the desired results. In response to a question from Councilor Hunt, City Engineer Wooley advised that eventually a connection to Kable Street will be constructed as development accurs. Councilor Hunt disagreed with the City Engineer's concern that people would ignore the sign. He said that had not been the cash with other signs; i.e., stop signs. Councilor Fessler agreed with City Engineer Wooley. She noted that right-of -way for connections in the area would be procured later. She said there is a need to be consistent in implementing the Transportation Plan. She advised Summerfield is a local street, with a capability of up to 1,500 cars per day. She noted by prohibiting the left turn, it may set an undesirable precedent for other roads. ' Mayor Schwab asked for public comment on the issue Beverly Swink, 15875 SW Greens Way, President of the Summerfield Civic P.ssociation, advised that Councilor Hunt had done a good job of presenting the issue. She outlined Summerfield concerns about increasing traffic,. She advised that no left turn signs should go up before the apartment complex is built which would allow people to adapt more easily to this traffic pattern. She said if tie-re was no sign, people would take this route through Summerfield to get to Tigard Towne Square. 0 CITY COUNCIL ME&ING MINUTES - MAY 10, 1994 - PAGE 8 Ms. Swink advised that Summerfield Drive is no ordinary street because of the presence of golf carts. She advised by placing the sign now, it would be a preventative measure to maintain safety. • Jack Polans, King City, noted his concerns with additional traffic and especially with vehicles standing still,at stoplights. He asked Council to investigate auto emissions which he believed to be a cancer-causing issue. Councilor Fessler asked fora delay of consideration of the resolution. She noted this issue could be dealt with later on; more opportunity was needed to work with the neighbors and to see what actually would occur on these streets. She advised she felt Council consideration was premature. In response to Councilor Hawley, City Engineer Wooley advised the road connection has not been built. Therefore, if approved the "no left turn" action would apply to a proposed street to be constructed if development occurs. Mayor Schwab advised he has seen similar problems in other parts of the City. He advised there are unique circumstances because of the nature of the Summerfield area. He nosed he was somewhat concerned by the timing, because many factors were not known at this time. if Triad is not built, City Engineer Wooley clarified the funding is not available for road connection construction. In response to a question by Councilor Hunt, City Engineer Wooley advised that right-of-sway has been purchased for the connection. Motion by, Councilor Fessler to table the resolution. There was no second to the motion. RESOLUTION NO. 94-22 - A RESOLUTION OF THE TIGARD CITY COUNCIL TO PROHIBIT A LEFT TURN OF SOUTHBOUND TRAFFIC ONTO NAEVE STREET AT THE INTERSECTION OF THE CONNECTION BETWEEN SW 109TH AVENUE AND ROYALTY PARKWAY Motion by Councilor Hunt, seconded by Councilor Hawley, to approve Resolution No. 94-22. Motion was approved by a majority vote of Council presenZ, (Mayor Schwab and Councilors Hawley and Hunt voted "yes,"; Councilor Fessler voted "no.") 0 CITY COUNCIL MEETING MINUTES - MAY 10, 1994 - PAGE 9 6.2 Consideration of Consent Agenda Item 3.3, Supplemental ME= Budget. In response to a question by Councilor Hunt, City Administrator Reilly advised the attorney budget item was requested to be increased by $100,000 to reflect actual expenditures. The following issues represented additional attorney expense not anticipated: a. Dolan case; b. Triad; C. Other land use appeals; d. Water issues City Administrator Reilly explained if it had not been for the Dolan case, the funding for the additional attorney costs probably could have been found- within the budget by shifting some line items. Councilor Hunt expressed concerns that Council could do a better job when considering issues, and not "kick issues back and forth." This resulted in higher attorn,~y fees. Councilor Hunt urged Council to consider at the next goal setting meeting, Council's meeting procedures (i.e., the Administrator sit next to the Mayor during the meeting). He said he appreciates input/suggestions from the City Administrator. He noted his appreciation for Legal Counsel Coleman when he offers advice during the meetings. RESOLUTIONS NO. 94-23 - A RESOLUTION APPROVING A SUPPLEMENTAL BUDGET FOR 1993'94 Motion by Councilor Hunt, seconded by Councilor Hawley, to adopt Resolution No. 94-23. Motion was approved by unanimous vote of Council present. (Mayor Schwab and Councilors Fessaler, Hawley, and Hunt voted "yes.") 6.3 Consideration of Consent Agenda Items 3.6(c), (d) and (e): Item 3.6(c) was a consideration by the Local Contract Review Board to award a contract to Seminole Environmental Inc. to construct Cook Park wetlands improvements. In response to a question by Councilor Hunt, City Engineer Wooley advised the low bidder, Seminole Environmental, Inc., was substantially lower than the rest of the bids. Reference checks had been conducted; they were excellent. One advantage this company had over other bidders was that they had a free disposal site available for excess material. CITY COUNCIL MEETING MINUTES - MAY 10, 1994 - PAGE 10 Item 3.6(d) was a consideration by the Local Contract Review Board to authorize the City Administrator to sign a wetland consulting contract with SRI/Shapiro. In response to questions by Coumcilor Hunt, City Engineer Wooley advised the consultant's fee would cover a five year period. In response to Councilor Hunt's concern that there may be some deception to the public in holding to an FTE cap while using consultants to do work for the City. City Administrator 'Reilly advised it has been a strategy to bring in consultants if there has been a demand to get certain work accomplished. He agreed this had been done in order to avoid raising the FTE cap. He noted for the next budget year, less consultant costs are included in the budget, primarily because the City is not launching any new projects. He advised that one advantage of hiring consultants over raising the FTE cap to meet staffing needs, was that it was easier to decide not to hire consultants than to lay off e-Lul 7yees. in addition, consultants are used to do work for which there may not be expertise on staff. Item 3.6(e) was a consideration by the Local Contract Review Board to hire a consultant to study the park systems development charges. After some discussion, Council consensus was that they prefer that the cost of the SDC consultant not exceed $12,000. Notion by Councilor Hunt, 5eecoiaded J-JY- to approve Consent Agenda Items 3.6(c), (d), and (e). Motion was approved by unanimous vote of Council present. (Mayor Schwab and Councilors Fessler, Hawley and Hunt voted (yes.") 6.4 Councilor Hawley advised she had received a personnel evaluation form from Washington County Consolidated Communications Agency (WCCCA) to evaluate Executive Director Diane Brandt. In response to Councilor Hawley's concerns, City Administrator Reilly advised he thought that it would be acceptable for Councilor Hawley to send a message to WCCCA, advising that because of the newness of her appointment, she did not feel comfortable with evaluating Ms. Brandt. 0 CITY COUNCIL MEETING MINUTES - MAY 10, 1994 - PAGE 11 0 7. ADMOURNPUM: 9:39 p.m. Ca4ke&t;r'A W Attest: Catherine Wheatley, City Re rder Ma , City of Tigard Date : 4b can0510.94 AlbIV CITY COUNCIL MEETING MINUTES - MAY 10, 1994 - PAGE 12 C 0 l N r- CD r- H H W w cs ~t cr) le- W 4 n. v n O °f ~CL a. O w O CE w- m ® O z X m M O a 0 Q Y ..t Z W C m • -0 [dJ 0 G1 A ~v J •~~w _r g . 41 ~ 0 LSS ~ v -c~ ~l 43 . OL) N M N N N Ol O •~«StT H x ~ 44 :3: OUl- ro >i LO ~4 N co -H r-l 01 H ~-4~ ~yG ~C~ t r4 00 < r Oi2 ~G?m ~y Ate.?. ~ a c~ - ~ o vz c~ N O0 . w e W c m 'O m of r O a~ (D U ~ U 7 ~ CL W O) m m C C W m t a' W CL C t 0 O U m s c 0 3 w o W as a CL O S U 9 W U CL co (5 ® U n rn Z N N 0 m Gn ijf h Q oo w ~ ~ N J m V z n= 6 Jzd. u_ Z a z; z o =-D5 ~H~«J ZOU z O V O 4-I O O ~ j a ~ 2~ 00 0 N z M .c 0 E O C 0 rn ~ rn v C W co N ~ U CO bi fl. x LU c •a E E O Ja~~a t w r- 00 r H H V 1 c LLS > W V LLS z ~~qqppl~+ Leo ~ m z 111-1 n 0M =a0 CD w 0 O U1 z z O W UJ 6 m ® CO O m C5 rn rn_ A Q t) ie Q m z z itlfOr[nAt7lOn. FUII following meeiatig la - 13125 S:W. Hall agendas ina~r be atttasm,~d f~';~~e Gild ~ , ~ er, Botalevac~y Tigard,gi~t13722; trr,Y'callv~t53917x arry CO?uNM'B773 55 . ..ET G t. 1~~199a l 13125 HAU BOMWyA pDt a iG,RD, I OREGON Sbsidy Pofeetanj kTOVvalflail Corife sj^e &i 6i ).rn) (61.30 P.141.) o upda£C om llaalatin Valley Economic Development Corporation! AMMY' o 1 asetsist~s sae drib (`Tovs i Hall) (7:301?.I~f.) w . Cost_*i~zl Co~sislPratton m Orn , e Arne ridinertt RYSmburser*crt isirict Provision, ! ~ =<18esoletion 6stu~ilishing;Adr~in~tAVe-Fees =,Reimbur~~t~ent~ T3ifi:Sict 0 Ordinance Amendment- Tiga.d Municibal Code 742 Pei(azning to.Chronic IYuiswne e Property ` ~ ~sol}tiicitt to Enter ante-a Mu~~1 Coa~i~patm~net~+,Ado~L'Te trientoii`k'olietu (7t a sll ieu lids of (~.%,1, t'~GOag Active ahe' Coin'mun9y:to "ccpt tk6 Icipa~~, Shared ,Ress z t -Sidii&yIn r the- p :iveah_lit .,and Cofa~tr J eiE G73 C'` %.~.°v: o o ga;d pxma to En~ourage,Open Coinrnlinication and ;Cooperation of ill' Citizen's, and Ail City 1? gartments in a Pa telership to Achieve this C? l-- O. F•r m U O z m O L 4 i(D Ca Goal. . ` rsnsider c6 actmwith Washington County l~partrnent of H A14% a 7d Huriian'Services *o A1low-thy rty-to Receive 55,000 in Grant Funds for Anti-Gan.-Purposes 0 . Consider. Add €ion it Projects foe, Sewer and Storm :Drain Capitals 1m0Dveirent. I.o _Contract'Rc.view B6aTd Meeting Executive Sessior ~'he'Tigard'C ty CouncH.rnay go into Execuiive Se's 'sign cinder the provisions of dRS 19'2:550 (1)_(d),1(6);,-& (h)'461 discuss:; ~Iabbr relations; real property tYitilSuCuv: S. CL'.^?.nt and i eMing a.tigatioB 'issues. sTTT7876, I'u° 1rSr~ icy 5s 1994. CD i E CL O z c G c e ® 9 r.. y S ® O rn r•i w Cn rcs C14 > N G4 rn (d 1-4 0 CT to tP -4 x W N :3: O 44 En !I 0Lnro ~ r •rl •ri rn 0 a 0 z Q Q V J Co D CL N 0 r^ H O 0 ® Z2 Q WQ OD O z W< M NU CD .c E m m w Cf) er O c •A7 m C m «o(r m 6 m' 01 om~ 4) 41 ~ ae'V C= Cat 0 0e C' CL tll w ~ A N G CL C 7 U 0 0O L# a0M.W H, 2 e w 11 C .0Q 40 cA W m .f] V o ~ O. W 3 tD m X e 1 C m m o ® a O m M ~ a w y G e N U ® O L e O 3 'C - O W m CL O 0 7 ~ .0 N 7 CD t m m m m V C31 rn L^1 t- 2 CO 'f + m C0~ a 00 ng' J Co z Q J Z d C~ Q Q iL 0 K M =0 0 U } rn rn C O O O E t 0 ~ ~ E O X N LU W e o Co CD ~ " E E .t r. CITY OF TIGARD, OREGON AFFIDAVIT OF POSTING In the Matter of the Proposed STATE OF OREGON ) County of Washington ) ss. City of Tigard ) I, begin first duly sworn, on oath, depose an say: That I posted in the following public and conspicuous places, a copy of Ordinance Number (s) q14- 10 which were adopted at the Councli Meeting dated Yh" 10d1 Lq copy(s) of said ordinance(s) being hereto attached and by reference made a part hereof, on the I ( day of . 19 C1 'W\ ff 0, - 1. Tigard Civic Center, 13125 SW Hall Blvd., Tigard, Oregon 2. West One Bank, 12269 SW 'lain Street, Tigard, Oregon 3. Safeway Store, Tigard Plaza, SW Hall Blvd., Tigard, Oregon 4. Albertson's Store, Corner of Pacific Hwy. (State Hwy. 99) and SW Durham Road, Tigard, Oregon Subscribed -and sworn to before me this day of . 19 Z-A Q=r?C,AL BEAL crUVE f...1F(.cERKS Notary Public for Oreg 0 NOTARY PUBUr,.OREGON COLT' 11SSION NO.008^ ,7 MY COMMISSION "XFIFtcS :icPT. 7, 2 sas My Commission Expires: loginvo\Affpow evT A WOE t 1 ,:pr» ®x~a (Limited to 2 minutes or less, please) Please sign or the appropriate sheet for listed agenda items. The Council wishes to hear from you on other issues not on the agenda, but asks that you first try to resolve your concerns through staff. Please contact the City Administrator prior to the start of the meeting. Thank you. ' NAME & ADDRESS TOPIC STAFF CONTACTED I / _ t 7s- -sue/ Af- Ala LE,n7 Gc ie A-2 og-In\jo\visitors.sht 'r AML DATE: lviarch 1994 TO: Board of Directors FROM: . Mary L. Tobias RE: President's Report February 1994 REGIONAL PROGRAMS AND PLANNING Affordable Housing roams Over the past several months, the issue of affordable housing availability in Washington County has continued to gain importance among several of the public and private agencies with which we work. The county housing agency completed its affordable housing study in December and forwarded that work on to the board of commissioners. The Washington County. Community Action Organization (WCCAO) completed its initial study and is now in the next phase of its affordable housing project. It appears that the WCCAO will spin off a Community Development Corporation that can actually own or construct housing through special federal funding programs. One of the issues that TVEDC has raised continually during both of these studies is the need to develop programs that have built in incentives for encouraging self-sufficiency among the participants. These programs should take a holistic approach and feature training and/or retraining for families where the need for assistance is the result of job loss. Oregon Jobs Coalition In February of 1.993, concern about the pressure to divert lottery funds away from economic development led to the formation of a statewide coalition of businesses and economic development organizations committed to retaining video poker and other lottery dollars for economic development programs across tie state. The coalition had a significant impact on legislation and assisted the state economic development department in preserving these dollars for their programs. The Oregon Jobs Coalition is continuing to meet and to explore the need for a permanent statewide organization that can act on behalf of economic development programs during the interim and prepare educational materials in time for the 1995 session. There is general agreement that there is a lack of understanding throughout the state on 41 how jobs are created and how location decisions are made. There is also a need to develop a program to explain clearly why more jobs are needed in Oregon. TVEDC is actively participating in this coalition as part of the planning team. TVEDC President's Report Febvary 1994 Page 2 At the same time, some of the origiutzl founders of the Council for Economic Development in Oregon (CEDO) have met to discuss whether or not to revive that organization. There is strong interest among this group in doing that. I still serve as the CEDO president and TVEDC currently is the repository for the organization's assets. I have asked the executive board to elect a new slate of officers and find a new home for the assets. I expect that to occur by the end of summer 1994. Washington County Economic Development Plan The Steering Committee has completed its first review of the draft and the comments have been put together for incorporation into the final review document. 'we expect to convene the Steering Committee in mid April for the last time and send the plan on to the board of commissioners by May for adoption. Metro Region 2040 Study Metro is nearing the completion of the research that will guide the regional consensus process for choosing a preferred alternative for growth management planning. TVEDC, in conjunction with the Beaverton Area Chamber of Commerce and the Columbia Corridor Association, is planning to hold a seminar for the business community in late April. In early planning sessions, we have agreed that we want broad participation from large, small and mid-sized businesses. The goal of the seminar will be to build an awareness of the issues under consideration within the region and establish an interactive mechanism for providing direct business response to the concepts. We intend to develop useful information to assist the region in making land use and transportation planning decisions throughout the remaunder of the 2040 Study and during the drafting of the Regional Framework Plan. Economic Study PSU Institute for Portland Metropolitan Studies This PS€J institute, headed by Ethan Seltzer, is developing a work plan for a project designed to provide an in-depth look at the metropolitan economy and how it functions. The outcome is intended to provide a clear understanding of the stresses and strengths of the economy, its interdependencies, and how public policy impacts the economic climate. I am very excited about the possibilities that this program includes. There is no doubt that our understanding of economic forces within this specific regional economy needs to be expanded and that this knowledge should be included in our decision making processes. 7 TVEDC President's Report February 1994 Page 3 Metro Future Vision Commission The Metro Charter, adopted by the voters in November 1993, required the Council appoint a Future Vision Commission to draft a 50-year vision for the region to use a guideline for making planning and growth management decisions. That vision was to be advisory only and was to look at issues of where population growth should occur, land, water wid air resources; educational and economic resources, and how to protect quality of life. TVEDC was invited to provide comment on the 2nd review draft of the future vision document. We were asked to speak specifically to the section on the economy. Our testimony on the document centered primarily on the need to clearly articulate the best estimate of jobs tharwould be required to sustain the regional economy and to provide the quality of life amenities that the region decides are important to maintain or enhance. The review draft does not really call out the need for economic vitality, nor does it relate the region's ability to pay for infrastructure, schools and environmental programs to the quality and quantity of jobs available to the work force. Our comments were intended to raise the Future Vision Committee's awareness of these issues. In my opinion, the committee is so locked into environmental protection, quality of life and livability concepts, they are unable to really understand or refocus on the need for public and private financial resources both mandatory and voluntary to accomplish their goals. I spent more than an hour in conversation with the committee, and although is was very stimulating, it did not seema, to be very productive. I am somewhat dismayed at the rather programmed approach that is being used to accomplish some very narrow goals. This is one area of the regional planning effort that needs a great deal more attention for that part of the community that needs up-to-date infrastructure and a well-trained, educated work force. ISSUES iVL4INAGEN fNT Western FyDass ODOT is continuing their work on the draft environmental impact statement for the five alternatives under consideration at this point. TVEDC's Bypass Task Force is looking at the issues raised during earlier countywide transportation mec;tings, including the issues of the need for a north/south connector and the movement of goods and services in a north/south direction- Our primary concern is that not enough attention is being given to the importance of connectivity because of the concerns over the cast/west commuter C TVEDC President's Report February 1994 Page 4 traffic. DKS & Associates has been hired to do a technical analysis for the Task Force on these issues and we expect the first phase of their work to be completed by March. Transportation Planning Rule Roger Millar (OTAK) presented an in-depth briefing on the consensus achieved during the regional case studies on implementing the Transportation Planning Rule. Probably the most significant outcome of the process has been the increased understanding between the public and private sectors of the opportunities and constraints that exist in some of the bike, pedestrian, transit section of the rule requirements. The report that is due out in March will reflect areas in which differing interests could agree and some areas on if fic .VlI no agreement r cvYrY ,r rvv ,A reached O'YlL ' The process itself was perhaps the most important part of the project. It in essence declared a time-out after local governments had progressed to the point of ordinance review and hearing. During this state sanctioned time-out, the public sector (city, county and Metro planners), the private sectors (developers, business managers, architects and engineers) and special interests (bike, pedestrian, STOP, 1000 Friends of Oregon) worked together to raise and debate issues of building orientation, transit streets and stops, TODs, and other issues relating to increasing opportunity for alternative modes of transportation. Using the information gathered and the increased understanding of the opportunities, local governments can now go back and adjust the requirements in their ordinances to reflect the regional understanding of how best to achieve our goals. This process is one that should be refine: and incorporated into our public involvement process. It may not be perfect, but at least it gets everyone working together to solve difficult public policy problems. ODOT 6-Year Plan Budget Cuts We have spent considerdble time this month, as we did last month, working to preserve the construction dollars allocated to six specific Washington County projects. We are now working with more than 185 businesses throughout the county and the Lake Grove and Wilsonville areas to raise the region and state's awareness of the importance of these projects to commerce. It was astonishing to us how little understanding there is of the need to keep the even flow of goods and services at the top the regibn's priority list when setting criteria for rating projects. I am pleased with. the level of participation we are getting from the business community. There are a number of projects that have really attracted attention and we are getting good support in working to keep these as priorities for the region. These projects- include the Forest Grove Bypass, Stafford Road Interchange, I-5/217 Kruse Way Interchange, TV Mghway/Shute Road, Canyon Road and the Western Bypass Study. We TVEDC President's Report February 1993 Page 5 anticipate the business community will continue to raise the issues of connectivity and movement of goods and services through the remainder of the process. We are now preparing for the Oregon Transpo~ Cation Corm-it ission hearing; ii. Forest G- rove next month. MEMBERSHIP AND PROGRAMS We completed the organized membership campaign this month and now have to do the follovr-up work that resulted from the contacts made by campaign committee members. I am finding that it tastes one on one contact with a prospect by either the president or a be rd *_*_,en ber to recruit a member. Even though our members worked diligently on the project, the results have been disappointing. However, the direct follow up work that I am doing, in conjunction with the board, is .very promising. Colleen and I have finally put the entire mailing.list on the computer and have been working to clean it up. The old manual method of maintaining the list was very expensive, both in materials and labor. We are looking forward to using the computerized list and learning hove to increase its power as a membership recruitment and retention tool. More later. INFORMATION SERVICES Once again, requests for information have slowed down significantly. I am unable to explain the reasons for this phenomenon. Most of our requests for information have come from people who have relocated to the area .ind are now interested in employment forecasts and general demographic trends. Currently most of the interest appears to be centered on the I-5 Corridor from Tigard to Wilsonville. A"i,I~Tn S TI2AT I Odd Jane Cummins has resigned from the board because of the press of other obligations at this time. She will be sorely missed. However, Pam Baker and the Board Nominating Committee have submitted four names for consideration: Jack Reardon (Washington Square), Mike Cook (Mentor Graphics), Mike Schmid (W & H Pacific) and Betty Duvall (PCC Rock Creek) for board approval and they were elected to fill vacancies at the February meeting. All of these people bring a good perspective on the needs of the regional economy and I am looking forward to working with them. a TVEDC President's Report February 1994 Page 6 OUTSIDE MEETINGS During the report period, TVEDC was represented at the following outside meek or events: PRESENTATIONS Metro Future Vision Commission - Invited Testimony on Economy Section Forest Grove Rotary - Speech: "The Role the Business Community Played in Keeping Key Washington County Highway Improvements on the State's 6-Year Construction Schedule" REGIONAL MEETINGS Washington County Economic Development Professionals - Regional Strategies Planning Session Washington County Community Action Organization - Affordable Housing Task Force Washington County Community Action Organization - Capital Campaign Subcommittee Washington County Visitors Association - Members Fleeting Oregon Jobs Coalition - Planning Session Pacific University - President's Business Leaders Meeting/Les AuCoin, Speaker Pacific University - Tom McCall Debate Portland State University - Alumni Reception at Harding Fletcher - Institute For Portland Metropolitan Studies Economic Study Oregon Department of Transportation - I-5/217 Kruse Way Project Briefing Regional Water Providers - Meeting on water supply study American Electronics Association/Oregon Council - Monthly Meeting Council for Economic Development in Oregon - Executive Board Meeting Mayor Stolze's Meeting on ODOT Funding Cuts TVEDC SPONSORED ACTIVITIES OR EVENTS Congresswoman Elizabeth Furse Luncheon - Hosted meeting with Ms. Furse and delegation for US Depts. of Commerce and Labor I-5 Breakfast Forum - Dr. Dan Moriarty/President of Portland Community College C T v ED 7 President's Report February 1994 Page 7 PRESS CONTACTS News Editor/KUIK Radio - Congresswoman Furse Meeting Publisher/Times Newpapers - I-5/217 Kruse Way Improvements - Western Bypass INDIVIDUAL CONTACTS During the reporting period, TVEDC staff contacted or met with the following members and associates on TVEDC business: w ] Delna Jones/State Legislature - TVEDC Board Update Ann Mulroney/City of Beaverton - Update Peter Freednian/CIC Consulting - Business start-up assistance Deborah Michael - Employment information Patricia Stanton/US Bank - Small business development programs Sheryl MacDonald/CESCO - Employment information Lou Woods/Far West Tours - PUC contested case Karla Forsythe/Beaverton Area Chamber of Commerce - Region 2040 Michal Wert/ODOT - Plaruiing update Oregon Business Magazine - Tualatin Valley Magazine 1994 Cathie Fredricksen/Intel - Computer upgrades Dehia Jones - Update Nina DeConcini/DEQ - Transportation Demand Management Program Gene Seibel/Tualatin Valley Water District -.Regional water supply Bruce Wamer/ODOT - 6-Year Plan Washington County Staff - Traffic Impact Fee - Tax Abatement for Major Private Sector Capital Investment in Roger Millar/OTAK - Transportation Planning Rule update TVEDC COMMITTEE STAFFING The following, TVEDC committees met during February and were attended by staff: Board of Directors Executive Committee Transportation Committee 1 0 TUALATIN VALLEY ECONOMIC DEVELOPMENT CORPORATION Information Services Requests October 1993 - January 199¢ Paul Herren Beaverton, OR Washington County demographics (population, wages, housing) Jeff Johnson Tualatin Valley Fire & Rescue Aloha, OR Washington County demographics (population, wages, housing) 1vIr. Hookman Concept Landscape & Construction Aloha, OR Washington County demographics, building construction Tania Le Western Bank Beaverton, OR Washington County population Ron Goodpaster City of Tigard - Police Department Tigard, OR. Washuigton County and cities population Joann Hoyt Washington County - Emergency Xledical Services Hillsboro, OR Washington County income, population, wage and industry John Hutzler Washington County - Criminal Justice Hillsboro, OR Washington County population, and acneral county information for reports 1 Information Services Requests Page 2 October 93 - January 94 Carolyn Baumgartner Aloha, OR Employment data Greg Myers Coho Communications Tigard, OR Employment data Jim Henning Oregon Coast Express AIM. Roy, OR Business expansion financing Dick Brimmer Information Graphics Beaverton, OR Tourism and Economic Development Programs Carrie Gillespie PSU Portland, OR Regional contacts and d:;mographics Ray Nelson The Benner Research Group Beaverton, OR Cost of living data Debbie Wright Cascades West Company Corvallis, OR Micro loan programs James Konas UC Davis Davis, Cry Industry analysis P Information Services Requests Page 3 October 93 - January 94 Ludwig & Schmidt Portland, OR Office space, executive suites services Don Stepp One West Real Estate Corporation Lake Oswego, OR Business Relocaton Jack Franklin Underground Lineman Beaverton, OR Business start-up Roger Sande First interstate Banc: Lake Oswego Community Investment Council start-up Sharon Maroney Broadway Rose Tigard, OR Demographics Phil Kelherer Sam Gotter Realty Tigard, OR SmAtt Business start-up, demographics Laura Stafford Poi Hand, OR Employment data Dee Staple Jim Brow & Associates ` Salem, OR Office -leasing status M"M P E Information Services Requests Page 4 October 93 - January 94 Sharon Azeuedo Consultant Portland, OR Regional growth rates, multi-family development Sharon Ferris Anderson, Austkey c& Glanville Portland, OR Industrial development Washington County Resident Azah. Beaverton, OR Demographics Washington County Demographics t . January 31, 1994 DRAFT #4 - TPR IMPLEMENTATION GUIDELINES This is one chapter within a larger report on the TPR Regional Discussion sponsored by Metro and occurring between September 1993 and Febn 71944. Other chapters wall desmla the purpose of the TPR'projec4 use of the Guided thf case study process and participarct~ etc This chapter presents recommended Guidelbus for use by local jurisdictions N developing conn.Dmi m*e plan and zoning codes provisions to implement TPR retluirernents. "Common Guidelines"generally applicable to ail of the cted TPR requirements and to all land uses are followed by Guideliner for each of the specific TPR requirements in OAR 680-12-045. Within each of the sections on spacific TPR regwein ~ °Common Guidelvzes"applicable to all land uses and -Guidelines for Speci, fie Land UsesW are also identified These Guidelines represent .areas of general consen= among members of the Case Study Working Group, appointed to represent a der group of persons participating in the TPR Regional Discussion. They are not intended to represent the opinions of any individual Work Group member or representative organization, however. A variety of sources serve as the basis for tite draji Guidelines, with the primary source being the Lessons Learned from case studies, including both Working Group recommendations and individual comments submitted via questionnaires: Other sources include.' o APR's Recommendations for Pedestri ar-., Bicycle and Transit Friendly Development Ordinances; o Tashman Associates Recommendations for TPR Code Amendments, prepared for the Afid-Willamette Valley COG; o Clackamas County draft TPR code amendments; o Tualatin Development Code; and o Portland Planning Commission recommendations for TPR compliance Rhile the Guidelines address all nine applic hle requir emencs of OAR 660-12-045, the Work Group focused most of its discussion on the ele.rents of bicycle parking, connectivity, pedestrian and bicycle access, and building crientarion. Other TPR elements, e-g. preferential earpool/vanpool parking, design of transit rcLees and facliries, and transit stops, were not discussed at the same level of detaiL A. FUNDAMENTAL PRINCIPLES 1. As evidenced by Metro's regional discussion process, the private sector, local jurisdictions, and public interest groups can learn and benefit from each other's perspective on ways to best meet the requirements of the TPR. Such proactive discussions between the public and private sectors before final governmental policies are placed into effect should be the norm rather than the exception.' f.iis process should be automatic, and it should include both working sessions and a public hezring process. 2. :be purpose of these TPR requirements is to provide safe and convenient access for pedestrians, bicyclists, and transit riders in order to help reduce the current. reliance on the automobile. A decrease in automobile use and an increase in alternative modes, such as vvallQng, bicycling, and taking transit, will benefit the Portland region. Walling, bicycling and transit are valid modes of transportation and should be made as safe and convenient ar automotive travel for an increasing number of destinations. The IPR supports a multi-modal split between automobiles and other modes of transportation. The purpose of the TPR is to reduce reliance upon the automobile, not to prohibit auto access. The rule requires a 10 percent reduction in VMT per capita in the Portland metropolitan area during the next 20 years and a 20 percent reduction in 30 years. Thus, even with full TPR implementation, it is assumed that many people will continue to choose to use the automobile. Implementing ordinances consequently need to accommodate multi-modal choices. 0 3. Clarification or amendment of the definitions of "transit stops", "transit streets", "transit ways" .in the TPR is needed. These definitions should be referenced to objective, measurable levels of frequent and sustained bus or light rail service, either existing or planned. The TPR should be amended to link building orientation to transit streets, rather than transit stops. From time to time, transit stops are moved to either increase efficiency, enhance access or preserve safety in response to changing conditions. In addition, requiring a development to orient to a specific transit stop may be too restrictive in terms of site development. As part of this amendment, the term "transit street" would need to be defined, as there is no common definition of transit street within the Portland region. 4. Successful implementation of TPR regulations is a shared responsibility between the private and public sectors, including state, regional and local jurisdictions. Marketplace factors need to be acknowledged in implementing the TPR. Implementing regulations should be drafted to allow transit-oriented development to be phased in over time to match public investment in and provision of frequent and sustained transit service and facilities. Local governments should provide incentives to induce transii-oriented development by the private sector. Because the TPR requires significant departures from current development and planning practices, public education is critical to successful implementing many of these requirements. Public interest groups should assist the public and private 2 .i sectors in educating the public on the requirements and benefits of the Tl'R. r 5. _TPR regulations should acknowledge the continued need for diversity in the type and sole of developments is locations having different population densities, land use patterns, and levels of transit service.. The intent of the TFR is to provide minimum standards for preferential access to transit, bicycles and pedestrians in all types ©f development, with more stringent standards applied to development at or near frequent and sustained transit service and high population densities. It is. assumed that it is the intent of the TPR to provide local governments the flexibility to establish a range of transit, bicycle and pedestrian orientation regulations to address situations such as different types and scales of developments within various zoning districts having different population densities, land use patterns and levels of transit service. 6. Statewide Planning Goal 12, Transportation, has equal status with other Goals, e.g., Goal 5 resource protection and Goal 9 economic development planning. Flexibility is needed to weigh sometimes conflicting goals and regulations. 7. Jurisdictions in the region will have different approaches to integration of TPR requirements into their comprehensive plans and zoning ordinances. Since most communities do not have discretionary development site review procedures, they will be inclined to attempt to develop "clear and objective standards" (as required by HB 2261). However, it is clear that the implementation of TPR requirements will, in d that development of clear and objective many cases; necessitate discretion a-i standards that are simple and workable will be difficult. Clear and objective standards with discretionary adjustment or other review procedures would provide the most flexibility. B. COMMON GUIDELINES Generally applicable to all lard uses ara all T"PR requirements. 1. Site-specific TFR implementation needs to be guided by an area-wide Transportation System Plan (TSP) or circulation plan, if available, that addresses how a site fits into a wider streetscape and/or master plan. In the interim, it is recommended that arterials and collectors designated as transit corridors be utilized, to the extent feasible, for TPR implementation pu,reses. For most effective 'TR implementation, TSP's or area circulation plans should designate future transit corridors. Street plans should specify required street alignments and connections. 49 3 3. Clear and objective standards, coupled with optional discretionary adjustment or other review procedures, would provide the most flexibility to "fit" TPR requirements to specific development cireumstatices.. Examples include: 4 A standard, for example a maximum distance for building setbacks from transit streets, with administrative discrction to adjust it up to a certain distance. Additional adjustment would require a public review process. 4 A standard, for example the same maximum distance as above, with the developer's option to seek adjustments or other review. Such a process would be applied only to those elements not in compliance (limited design review). 4 A menu approach suffering several clear and objective standards with the developer's option to comply with, for example, any 4.out of 5, or S out of 7 standards. 3. A fleRible r<pproach should be taken to TPR implementation. A minimum level of bicycle, pedestrian and transit access should be established in all developments. Areas that do not have planned transit service should not be required to provide transit facilities. Areas planned for auto-dominated uses should not require the same pedestrian and bicycle facilities as areas planned for a high degree of pedestrian, bicycle, and transit activity, but must still support these modes of travel. As alternative modes of travel increase, public and private accommodation for these modes should increase as well. 4. A matrix of regulations should be utilized to accommodate a range of situations, minimizing the need for adjustments. Different uses within a single zone may have different standards (e.g., manufacturing vs supporting commercial uses within industrial zones, fast food vs office in commercial zones). Different uses within a single zone may also have different standards based upon location (e.g., adjacent to transit street vs no planned service). The following factors should be considered in applying TPR requirements, while still encouraging the use of alternative modes of travel: 4 Existing and planned (per T SP's) transit service, level of frequency; 4 Existing and planned (per comprehensive plans) adjacent uses and densities; Proximity to nearby activity centers; 4 Topography; 4 Size and scale of development; 4 Specific requirements of the intended use; and 4 Financial and social impacts of TPR implementation. f. Mixed use urban examples will generally be the most difficult to develop. TPR implementation should encourage (and not discourage) mixed uses with site redevelopment and provide incentives to do so, e.g., shared parking and increases in allowable density. Clear and objective standards with discretionary adjustment or other review procedures may be the best mechanism to deal with complex mixed use 4 ; - A '-1 [ • urban examples. 7. Suburban sites tend to be characterized by low densities in surrounding areas, thus site design and reg•Iatians need to be flexible to both serve existing uses and accommodate future development. With changes in mode splits, there may be more opportunities for redevelopment with a mix of uses and _ for greater pedestrian/bicycle/transit uses. 8. Overly restrictive, overlapping, or uncoordinated requirements can impede TPR implementation. Flexibility is needed to weigh sometimes conflicting purposes found within the TPR. For example, stringent ODOT/Iocai access regulations may impede implementing pedestrian access provisions of the TPR. ODOT/local code requirements for access need to be coordinated, and flexible, and in some cases reconsidered, to better promote pedestrian environments/access. Roadway standards, including road widths, on-street parking restrictions, and landscaping req~iirements, need to be IIeeble (in some cases revised) to support TPR goals. 9. Both the public and private sectors need to encourage public education and land use changes over time to foster TPR irnplementation. The public, e.g. surrounding neighborhoods, need to be particularly educated about the need to accommodate connectivity in future development/redevelopment. Shared knowledge and familiarity with local concerns and issues can play a role in reducing resistance to proposals or appeal of approvals. Front-end public involvement in site design/planning is cn:tical to a project's success. Complete information on area-specific TPR requirements, including the presence or absence of local TSP's or area circulation plans, should be readily available to the CC,ryrt,Lnity from a single, local, public source. c - - C. GUIDELINES FOR SPECIFIC TPR REQUIREMENTS The specific, sections of the TFR that follow establish both internal and external requirements for pedestrian, bicycle and transit considerations in new development. Because these *requirements are interrelated, and in some cases duplicative, an integrated and comprehensive approach to implementation, based upon the recommended Guidelines, should be utilized. 1. Bicycle parldng in multi-family residential, commercial, industrial, institutional and transit facility development.. Requirement Bicycle parking facilities as part of new multi-family residential developments of four units or more, new retail, office and institutional developments, and all transit transfer stations and park and ride lots. (660-12-045 (3)(a)) Applicability Applicable to all new development, except single-family residential, multi-family residential with less than 4 units, and industrial. In terms of "transit transfer stations", the focus should be transit centers and light rail stations. . Guidelines for Implementation Bicycle parking can serve to benefit infill and transit-related development by increasing access options for residents, patrons and employees. For many developments, bicycle parking is an amenity that increases the attractiveness and marketability of the project. The level of actual benefits will depend on the use and the location. Multi-family residential projects will generally benefit from bicycle parking, as multi-far ily housing residents are more likely to use bicycles than residents bf single family houses. For most commercial uses, bicycle parking will aLo generally be an amenity. However, certain large retail uses, especially the warehouse or "big box" retail stores, will benefit less from bike parking as customers generally need their automobiles to carry home their purchases. Projects located in areas that have safe and convenient bicycle access and good connections between residential and commercial districts will benefit from bicycle parking more than projects in more isolated locations. Bicycle parking represents a development cost. Bicycle parking uses space on the site that might otherwise be developed, and the paving, striping, lighting and covering of spaces is 6 9 • a construction expense. However, costs can be minimized by locating bicycle parking in unutiEzed or underutilized areas. , Common Guidelines 1. Requirements for both short-term and long-term bicycle parking should be accommodated; separate short and long-terra parking facilities are not necessarily required, however. Long-term parking should generally be designed to accommodate residents and employees; short-term parking 'should be designed to accommodate primarily custdinners and visitors. The ratio of short to long-term parking varies from use to use. bong-term parking needs to be more secure and protected than short-term parking. Proximity to a building's entrance is more important for short-term bicycle parking than it is for long-term bicycle parkdne. 2. Clear and objective standards should be utilized to determine the amount of required bicycle parking, such as a table which considers type of use, building square footage, or number of units. With the TPR mandate to reduce overall auto use, the methods for determining the amount of requires' bicycle parking should not be diree:ly tied to the amount of required auto parking. Bicycle parking requirements can be met in a variety of ways, depending upon whether short or long-term parking is being accommodated. For example: 4 Storage space (locken, or racks) inside a building; 4 Lockers or racks in a parking s=sccre or outside the building, and 4 In a covered space at a transit center, light rail station or park and ride lot if within a specified distance of t.e public right-of-way and the main building entrance. 4.. Bicycle parking spaces located outside a building should be located no further from the principal entrance than the closes motor vehicle parking spaces (excluding designated handicapped spaces). Parking at a transit center, light rail station, or park and ride lot should be located within a specified distance of the passenger platform. 5. The TPR does not require covered bie.cle parking. However, if required by local governments, covered bicycle parking requirements should be greater for long-term than for short-term parking and should not be tied to whether or not auto parking is covered. Cover for bicycle parking L-an be accommodated by buildings or roof overhangs, awnings, bicycle lockers, bicycle storage within buildings, free standing shelters, or other methods. y - 6. Required bicycle parking.should be illuminated. Separate lighting should not be required if existing lighting adequately illuminates bicycle parking areas. 4 - 7. If bicycle parking areas are not visible from the street or main building entrance, then clearly visible signage should be provided to indicate the location of the parking ' facilities. 8. Areas set aside for required bicycle parking should be clearly marked, reserved for bicycle parking only, and separated from motor vehicle parking to prevent damage to parked tricycles (e.g., extruded curb). _ 9. Bicycle parking for multiple uses may be accommodated through clustering in one or several locations meeting all other requirements for bicycle parking. 10. The public right-of-way for bicycle parking should be utilized when parking cannot reasonably be provided on-site and the location is most convenient to the building's front entrance (e.g., SE Hawthorne Boulevard). Guidelines For Specific Uses RETAEL 11. Short-term bicycle parking requirements for retail uses should be tied to the specific type of retail use. For example; warehouse uses should be subject to lower bicycle parking requirements than other types of retail. COMMERCLAL AND INSTFl'UnONAL 12. For facilities with multiple buildings, bicycle parking should be located in areas of greatest use and convenience to bicyclists. 13. For a building with multiple entrances, short-tern parking should be distributed at the various entrances. LNDUSTRI?.L 14. The 7TR does not require bicycle parking for industrial uses. However, bicycle parking could be accommodated in buildings or in covered areas on-site. 8 2. Safe and convenient pedestrian and bicycle access in all types of new development Requirement ]Facilities providing safe and convenient pedestrian and bieicle access within and from new subdivisions, planned developments, shopping centers and industrial parks to nearby residential areas, transit stops, and rieighborheod activity centers, such as schools, parks and shopping. This shall include: (A) Sideway along arterials and collector in urban areas; (B) Bikeways along arterials and major collectors; (C) Where appropriate, separate bike or pedestrian ways to minimize travel distances within and between the areas and de,elopments listed above. (660-12-445 (3)(b)) Applicability Applicable to new single and multi-family subdivisions, retail shopping centers, and industrial parks. Guidelines for Implementation Equal accessibility and convenience within and mom sites should be provided to pedestrians, bicyclist`, and motorists. In its "Recomr:e-dations for Pedestrian, Bicycle and Transit Friendly Development Ordinances", APA skies the principle that: "A well coa_nected street network is recommended as the primary means of providing safe, direct and convenient routes for bicycles and pedestrians." Though separate pedestrian and bicycle paths may be required in certain situations, they should be tie approach of last resort. Safe and convenient access and connectiot s for pedestrians and bicycles will be at a different scale than for autos. Pedestrians are very sensitive to out-of-direction travel and the quality of the pedestrian environment. Bikewavs and sidewalks are generally required en collectors and arterials. Local streets can generally accommodate bicycle traffic within normal travel lanes. Though streets may provide adequate bike and pedestrian facilities, if they do not connect in a direct manner, out-of-direction travel distances will be excess:ve and discourage pedestrian and bicycle use. The residential subdivision generally does not provide a well connected street network. Ctl- de-sacs are a common feature of residential subdivisions. Homeowners prefer the privacy, lower traffic levels and de facto play areas that cul-de-sacs provide. Subdivisions are commonly built with a large number of cul-de-sacs to meet this preference. However, street plans using a . large number of cul-de-sacs do not provide direct access for .pedestrians/bicyclists or for "motorists. Subdivisions built on some form of grid street 9 pattern were the standard model until the last 30 or 40 years. Recently, most models of neo-traditional neighborhoods incorporate a highly connected street pattern, either through a traditional rectangular grid or through curvilinear but connected local streets. Traffic studies of such neo-traditional development have shown that they provide greater traffic distribution and dispersion within the subdivision than does a more typical subdivision. Connectivity between one subdivision and adjacent subdivisions is essential to a convenient and efficient pedestrian and bicycle "system." Due to market demand, local regulation, and planning practice, subdivisions are commonly built as self-contained entities which connect to a collector or arterial but not to adjacent properties. Tne perception is that connections to adjacent subdivisions increase traffic impacts and that connections from subdivisions to adjacent commercial development result in noise and security problems. Lacking an adequate arterial system and interconnected local street system, residents are frequently concerned that connected streets will attract through traffic. The higher the level of public visitation to commercial and industrial sites, the more important connectivity and pedestrian and transit access become. The public, and specifically surrounding neighborhoods, needs to be educated by both the public and. private sectors about the need to accommodate connectivity in future development/redevelopment. Neighborhoods need to be brought into the planning process on the front end. Common Guidelines GENERAL CONNECTIVITY 1. Ensuring connectivity is a shared responsibility between, the private and public sectors. The public, e.g. surrounding neighborhoods, needs to be educated about the benefits of connectivity in future development/redevelopment. 2. To decrease the threat of appeals and uncertainty for developers, local governments should require street connections as a matter of public policy. Connectivity should be a mandatory, non-discretionary standard, with exceptions required for instances where there is adjacent vacant or redevelopable land or when such connections have been pre-identified in a TSP, area circulation plan, or other adopted measure. Connectivity utilizing public streets and sidewalks should be mandatory for projects in the vicinity of activity centers that people would typically walk to if given the opportunity -(e.g., -stores, schools, recreational facilities, restaurants and theaters within walking distance of employment and residential uses). Consideration of public concerns about inappropriate auto (through) traffic should be considered in requirements for connectivity. 3. Decisions on where to have street connections should be part of a T,SP or circulation plan for an area, rather than made site-by-site. Prior to completing a plan that outlines street connection locations, local jurisdictions will need to identify and apply likely grid patterns. A minimum TSP or area circulation plan would at least describe how often local streets should occur (periiaps some suggested spacing requirements), and when they must be connected to e.~sting area streets. More frequent spacing standards should be established for local street connections to arterials. A better plan would specify where local streets are to be located, with allowance for new information and special circumstances. .40 TSP or area circulation planning for larger infill. parcels should be the first priority. 4. Sidewalks for pedestrians should be buffered from high traffic volume streets through wider sidewalks, street trees, planting strips, bollards, or other techniques. Landscaping requirements need to be flexible (in some cases revised) to promote buffers between high traffic volume streets and pedestrian connections. Although the first priority for landscaping should be pedestrian/bicycle connections, both landscaping of pedestrian connections and parking areas needs to be accommodated. Perimeter landscaping requirements between. a sidewalk and a property can discourage pedestrian use because they are designed to screen parking lots rather than to accommodate pedestrian circulation. Jt may be preferable to allocate landscaping to the buffer between the sidewalk and the street. This buffer is not intended to be in addition to already required standards, but should be considered in allocating the required landscaping area. - One -landscaping requirement vs. several potentially competing requirements is needed to address both pedestrian access and screening of parking. - Requirements/conflicts between landscaping in public rights-of-way vs. on private properties need to be addressed. - Incentives should be provided for landscaping which promotes pedestrian environments. - Courtyards/plazas should be considered toward meeting landscaping requirements when they would provide an enhanced pedestrian environment. 5. Connectivity in mixed use areas is particularly important in increasing pedestrian and bicycle activities and decreasing reliance on automobiles. Mixed use developments are seldom connected to adjacent single-use developments, requiring people to use their cars to move from one to the other. The result is not only increased VNIT, but severe congestion in these areas. Safe and convenient connectivity for pedestrian and bicycles provides an easy, attractive option to, driving in these instances. Such connectivity should utilize public streets and sidewalks to the fullest extent possible. 11 5 STREET CGNNECTTVr SC 6. Safe and convenient bicycle and pedestrian access should be achieved primarily by requiring an interconnected street system. Sidewalks should be constructed along the frontage of all public streets. Access ways should be required only when specific site conditions or operational considerations prevent direct street connections. To r inini~e out-of-direction travel, streets or street extensions should be located to provide direct access to existing or planned transit streets and other neighborhood activity centers, such as schools, shopping areas and parks. 7. Through streets should be required whenever possible as a matter of public policy. Cul-de-sacs, hammerheads, and other dead end streets should be permitted only when site conditions do not allow for direct street connections. Such conditions would include topography, presence of natural barriers, such as creeks and wetlands, or barriers such as railroads, limited access highways, existing conditions on adjacent developed properties that preclude connections, etc. If it is not possible to build the through-street because of these constraints, a pedestrian/bicycle link should be required wit~`:ia a specified distance. 8. The layout of public streets should provide for connections to and from adjoining developments. To the extent practical, streets other than local streets should be in alignment with existing streets. For traffic calming purposes, local streets should be connected but not necessarily aligned. Street stubs should be provided to allow for future access to adjacent undeveloped properties. 9. Road-related regulations need to be flexible and, in some cases reconsidered, to facilitate TPR implementation. Loc.? regulations requiring a hierarchy of streets may inhibit effective street connectivity. Flexibility is needed in requirements for access, street widths, curve radius, common driveways, intersection spacing, on-street parking, streets built to current standards that are connecting to streets built to older standards, etc. Loading/unloading requirements should be flexible to allow off-site (on-street) loading and unloading in cases where TPR implementation is enhanced. Incentives should be provided to encourage skinny streets and other traffic calming mechanisms, alleyways, on-street parld g on narrow streets, etc. PEDES- RIAN/BICYCLE ACCESS 10. Sidewalks and bike lanes along streets are preferred over separate pathways or access ways in most situations. Separate facli ties or connections should be provided only - when street connections are infeasible or inappropriate. 11. Pedestrian/bicycle connections should be developed as public rights-of-gray. 12- Where an access way connecting to an adjacent commercial, multi-family, office and ANk institutional development is not currently feasible, provision for a future connection should" be made through dedication of an easement for a future connection, where reasonably related to the expected access needs of the proposed "development. Buildings, landscaping, fences and other improvements should be located so as not to preclude eventual site-to-site walkway connections. Pedestrian and bicycle access between such developments should rely upon public sidewalks and bike lanes along abutting- public streets. 13. Effective, safe pedestrian connections are. a function of perceived distance, out-of- direction travel, convenience, attractiveness, and security. As distance and out-of- direction travel increase, amenities may be needed to offset these factors. Pedestrian connections need to be designed both to encourage their use and to foster their perception as being safe. For safety and to reduce trip length, pedestrian connections should be as straight as practica-ble. Narrow walkways are often perceived as unsafe places. Pedestrian connections should be illuminated. Separate lighting should not be required if existing lighting adequately illuminates the connection. Where fences are permitter; along pedestrian connections, height and other siting requirements should be designed to prevent the creation of unattractive, unsafe or otherwise undesirable pedestrian corridors while recognizing adjacent owner concerns regarding privacy and safety. Guidelines For Soecific Uses INDUSTRIAL 14. Due to the nature of industrial activities and security concerns, public access within industrial parks will often be limited by fencing, entry guards, and other means. Pedestrian linkages between neighborr:g industrial uses should be oriented to the public right-of-way along abutting strees. 15. Access and connectivity requirements should be more extensive for non-industrial uses locating within industrial areas, e.g. supporting commercial. 16. Industrial buildings within industrial parks may be designed to accommodate multiple tenants with multiple business entrances interspersed with garage/loading doors. This often creates a conflict between pedestrians and truck circulation on the site. For safety, pedestrian connections to public transitways or sidewalks should be protected where possible from automotive and truck traffic. Examples include ~•ti _ 13 3 H .1= i 3. Internal pedestrian circulation in commercial developments Requirement Provision of internal pedestrian circulation in new office parks- and_ commer c:al developments through clustering of building, construction of pedestrian ways, skywalks, where appropriate, and similar techniques. (660-12-045 (3)(d)) Applicability ' Applicable to new office parks and commer r:2I development. Also recommended for institutional development- Guidelines for Implement-— tion Internal pedestrian connections of commercial developments to streets, transit stops and adjacent development are critical to reducing auto trips. Although the majorivy of customers, employees or patrons may rely upon autos to access a commercial site, good internal pedestrian circulation is critical to boLh transit and bicycle users and to pedestrian circulation from parking areas to buildings. It is especially irnpor <ant to require adequate pedestrian connections from the street to building entrances, and to encourage pedestra:-i connections between adjacent commercial developments where feasible. The ease with which a transit rider can walk between a work place and an adjacent restaurant or other ret. iI service facility will have a great impact on his or her willingness to use transit. Dire: connections between adjacent uses will dramatically shorten -pedestrian travel distances and encourage pedestrian trips even by those who have commuted to work by car. Adequate conne4 ions for pedestrian access from building entrances to transit streets and public sidewalks should be located so that they interconnect with adjacent developments at or rear transit stops. Even in areas not served by transit, these connections would be expected to encourage pedestrian activity between commercial developments - areas that often have the most traffic congestion in suburban areas because people ctrrently cannot walk easily and safely from one commercial area to another. There will always be conflicts among autos, pedestrians and bicyclists. The challenge is how to improve pedestrian connections, not preclude auto access. Sites need to be designed to create an equal welcome for pedestrians, bic.•clists, and motorists. Common Guidelines 1. The required spacing and number of pedestrian connections should be judged on a site-specific basis, taking into account TSPs or circulation planning for the area, site U 61 1 - characteristics, adjacent uses, current or planned availability of transit, redevelopment potential, and other relevant factors. A maximum outi-of=direction standard is a good way to quantify the spacing of such connections, but should be keyed to the type of development. Retail customers, for example, are particularly convenience-oriented and do not generally tolerate long out-of-direction travel distances. 2. Pedestrian walkways should be designed to minirnize walking distances between public entrances and sidewalks and to avoid unnecessary meandering. 3. Walkways should connect at least one public entrance of each building accessible to the public to the nearest sidewalk or other walkway leading to. a sidewalk. Walkways should also connect to outdoor activity areas, such as parking lots, transit stops, children's play areas and plazas. Particularly for multiple-entrance retail uses, safe pedestrian access should be provided to each entrance from all parking areas. 4. Building access for employees should also be safe and convenient. Separate ,A,alk- ays will often be needed. Frequently, employee access will be through a controlled entry. S. A walkway should be provided to each street abutting the property, where practicable. A walkway should also be provided to any public bikeway or walkway along a frontage of the site which is not bordered by a street. 6. New*.walkways or walkway connections should not be required where another sidewalk or walkway route provides a reasonably direct route. Walkways should not be required between buildings or portions of a site which are not intended for or likely to be used by pedestrians, including truck loading docks, automobile sales lots, outdoor storage areas, etc. 7. Internal parking lot circulation and design should maintain ease of access for pedestrians from streets and transit stops. Pedestrian walkways crossing driveways, parking areas, and loading areas should be clearly identifiable through use of techniques such as striping, raised elevations, warning signs, different paving .materials, or other similar methods. Where walkways are adjacent to driveways, they should be separated by a raised curb, bollards, landscaping or other physical barrier. If a raised walkway is used, the ends of the raised portions should be equipped with curb ramps. 8. Walkways should be illuminated. Separate lighting should not be required if existing lighting adequately illuminates the walkway. 16 5 Is 4. Design and provision of transit facilities Requirement Design of transit routes and transit facilities to support transit use through provision of bus stops, pullouts and shelters, optimum road geometries, on-road parking restrictions and similar facilities, as appropriate. (660-12-045 (4)(a)) Applicability Applicable to new commercial and institutional development. Guidelines for Implementation Major trip-generating developments are commonly 'required to provide off-site transportation improvements, including street improvements and intersection improvements such as traffic signals and turning lanes. These are often an extremely costly component of development. In this context, the requirement to provide transit stops as a condition of development approval is not likely to be seen as overly burdensome. In many cases, providing transit improvement are less expensive than alternative street improvements. Common Guidelines 1. Tri-Met, in cooperation with Metro and other metropolitan area governments, should update its transit service plan, and designate a "Primary Transit Network." Route designation will provide a critical basis for the transit facility improvement requirements imposed under the TPR. 2. The placement of transit stops by Tri-Met is a corridor-wide issue, and should not be specifically tied to the level of demand generated by a specific project unless the corridor-wide evaluation of Al transit stop improvements needed has been conducted and funding secured for these improvements. Stop improvements are required by ADA and should be tied to the projects on specific properties where transit stops are located or where required by Tri-Met to improve operations. In locations of high ridership, a passenger shelter may also be warranted. 3. The exte:tt of the transit improvement that are exacted from a development should relate to the transit demand generated and to the degree of service available for the site.- Transit improvement should be a first priority for sites that are abutting existing or planned transit routes, as designated in the transit service plan. _ 15 t 4. Where transit service is not currently provided along a designated? or planned transit street, development requirements should include dedication of site area needed for transit facilities identiffed in a local transit corridor plan. 5. The design of transit facilities needs to respond to the type of service to be provided. i~ For example, for shuttle service, a drop-off area at a building's primary entrance will generally be adegt:ate. The local government review should ensure that pedestrian/bikeway amenities and other transit supportive features, such as shelters, turn bays, park-and-ride spacer, and signing are provided according to minimum standards developed by Tri-?,het. S. Preferential access to transit in commercial and Institutional development Requirement New retail, office and institutional buildings at or near existing or planned transit stops to provide preferential access to transit through the following measures: (A) Orienting building entrances to the transit stop or station; (B) Clustering buildings around transit stops; and, (C) Locating buildings as close as possible to transit stops. (660 . -12-045 (4)(b)) Applicability Applicable to new retail, office and institutional development adjacent to or near existing or planned transit stops. Guidelines for Implementation The intent of this requirement is to provide preferential access to transit by locating building entrances at a direct, safe., and convenient distance from the transit street and by removing other barriers to pedestrian access. Building entrances should be located in a way that allows a direct, safe and convenient pedestrian link between the development and the transit stop. Different development types and different locations result in different functional, building orientation requirements. Convenience is a major determinant of shopping behavior, regardless of the transportation mode. Retail experience has demonstrated that under current patterns, people in autos choose to shop at locations in which purling is accessible, visible from the street and conveniently located to the main building entrance. Different types of retail uses also have different parking and visibility requirements. Supermarkets, discount department stores and other "big box" or large building retailers require more parking (per unit of floor space) at the building entrance than do small retail shops. Current locationai requirements are based on current transportation patterns, in which most people travel by car. In other American cities, as auto travel has become more expensive and less convenient, and as feasible transit alternative have been provided, the mode split has shifted in favor of transit. The key question is where, when and to what extent will this shift occur. Common Guidelines ' 1. Requirements for preferential access to transit can be met in a variety of ways and 20 will vary among different development sizes and types and within different locations. Factors that should be considered in developing building orientation requirements include existing and planned population density, other types and sizes of existing and planned development along the street, frequency and le:_L of current and planned transit service and auto use, and general neighborhood character. 2. New retail., office and institutional buildings located on transit streets should have at least one public entrance facing the transit street or, if not facing, be within a specified distance of the transit route. A combination of building orientation, distance; and pedestrian amenities can work together to display and direct a person to an entrance, and to make the joxuney pleasant, logical and obvious. Included are such features as: Entrance location(s). 4 Building shape/configuration/ardculation. Distance (to street or transit stop from entrance). 4 Visibility of entrance and/or pedestrian path. 4 Amenities such as width, landscaping, lighting, use of different materials, walls, benches, weather prote won, signage, plazas, porticos, awnings, etc. 3. Commercial districts should contain standards for preferential access to transit. The TPR requirement of "as close aS possi'oIe" should be a reasonable distance related to size and type of use and airrent or planned availability of transit. 4. On deep sites, setbacks should allow for parking now and redevelopment of the site in the fixture. 5. Campus-type development often has internal orientation. Flexibility is needed to balance these internal orientation needs with the operational needs of the transit operator to serve such developments on the street as opposed to on-site. In either se, the needs of pedestrians and bic,c?ists should be accommodated. In commercial and institutional developments with multiple buildings, buildings should be clustered around designated transit stops. Requirements for any particular building, or all buildings, to be oriented to the transit service are unnecessary. Requirements for some buildings/activites to orient to the transit service can provide the pedestrian-friendly environment sought (i.e. the "anchor" store need not be the most 'prominent" store). However, direct, safe, and convenient pedestrian connections need to be provided be.w-een other buildings not oriented to the transit street. 21 - 6. Preferential parking for carpools and vanpools in industrial -and commercial development Requirement New industrial and commercial developments to provide preferential parking for carpools and vanpools. (660-12-045 (4)(c)) Applicability Applicable to new commercial and industrial development Guidelines for Implementation Carpools and vanpools for employees are a means to reduce vehicular trips and miles traveled and should be encouraged for commercial and industrial uses and particularly institutional uses. Common Guidelines 1. "Preferential" means reserved on-site, not necessarily the parking area closest to a building's main entrance.:, Alk 2. minimum percentage of the required parking spaces should be reserved and si,;ned for use as employee carpool/vanpool spaces. 0 Z 7. Opportuieities for redevelopment of surface parking for transit-oriented uses Requirement -An opportunity for existing development to redevelop a portion of existing parking areas for transit-Oriented uses, including bus stops and pullouts, bus shelters, park and ride stations, wit-oriented developments, and similar facilities, where appropriate. (660-12-045 (4)(d)) Applicability Applicable to all existing development. Guidelines for Implementation The. amount of on-site parking provided in a development is a direct function of the requirements of the users and tenants of the development, and it is common for commercial developments to provide parking in higher ra os than required by code. Developers will not be inclined to reduce parking on site below what they feel is required to adequately serve tenants or visitors. For this reason, there may be few instances of developers seeking to redevelop surface parking until parking den, and actually drops below existing levels. It is assumed that redevelopment of surface parking will help encourage transit, bicycle and pedestrian trips because the intensity of development, ease of access, and perhaps the mix of uses will be increased. It is also assume that redevelopment of surface parking under relevant TFR standards will increase the use of alternative modes of transportation. Common Guidelines 1. When evaluating site development proposals, the redevelopment potential of parking lots should be considered (i.e., locatim- size, relationship to transit street). 2. A performance standard approach for redevelopment of surface parking is recommended. If a site review process is used, standards for redevelopment should be applied at the. site review stage as opposed to a conditional use process. 3. Parldng requirements, whether rm*nim= or maximum, need to be flexible based upon type of use, area, transit avai'?ability, etc. If utilized, minimum parking requirements should be periodically reviewed to determine if they should be adjusted. S. Road systems that facilitate pedestrian and transit access AIMN h, . Requirement Road system for new development which can be adequately served by transit, including provision of pedestrian access to existing and identified future transit routes. Ibis shall include, where appropriate, separate bicycle and pedestrian ways to minimize travel distances. (660-12-045 (4)(e)) Applicability Applicable to all new development. Guidelines for Implementation Note: These Guidelines duplicate those for the TPR requirement (42) for safe and convenient pedestrian and bicycle access in all types of new developments It is recommended that DLCD be advised that this section of the TPR is redundiant. Common Guidelines 1. Safe and convenient bicycle, pedestrian and transit access should be achieved primarily through an interconnected street system. Separate bicycle and pedestrian facilities or connections should be required only when street connections are infeasible or inappropriate. 2. Proposed streets or street extensions should be located to provide direct access to existing 'or planned transit streets and other neighborhood activity centers, such as schools, shopping areas and parks. 3. Flexibility is needed in ODOT/Iocal cede requirements for access to better promote TPR implementation, particularly in requirements for alignment of intersections and limits on where/how* many entrances to a site. 21T 9. Trausit stops for moor commercial, industrial and institutional development Requirement Require all major industrial, institutional, retail and office developments to provide either a transit stop on site or connection to a transit stop along a transit trunk route when the transit operator requires such an improvement. (660-12-5 (5)(d)) Applicability Applicable to major existing and new commercial, industrial and institutional development. Guidelines for Implementation Common Guidelines 1. .®ff-street transit stops are only appropriate in very rare circumstances. Bus passenger landing pads and connecting sidewalks are ADA requirements which should be included in any project on a transit street. Guidelines For Specific Uses D' OUSTRIAL 2. Manufacturing and distribution are typically low-intensity and have many off-peak employee demands which do not support a high level of fixed-route transit service. Alternative transit modes, e.g., vanpools and shuttles, may more effectively match the. demand. 25 i' s n HAND DEL rvTRED Feba nary 28, 1994 Len Freiser, Chairman Members of the Committee Metro Future Vision Commission Mr. Freiser and Members of the Committee Thank you for inviting the Tualatin Valley Economic Development Corporation to provide comment on this draft of the region's Future Vision document. Before beginning to offer our overview of the section on the economy, we have a few general comnicnts about the task that you have undertaken. First, we would like to express our deep appreciation for your commitment to a project that requires enormous personal effort and sacrifice. There is no doubt that you all have a number of other ways to spend your afternoons and evenings. Your willingness to go down this path least taken is a credit to you, to Metro and to the region. Thank you. As you know, there is no doubt that the region's crystal ball is transparent at best when we are talking about today, begins to get cloudy when we try to look five years ahead, is translucent when we try to plan for 20 years hence and is opaque when we are looking out 50 years. It is this lack of certainty that makes your job so difficult. You are trying to predict not only what our physical environment could and should be, Lut you are also trying to predict what those most unpredictable creatures - human beings - will be doing with their persom-l, professional and financial resources. In general, we urge you to plan for the future vAth s=s much pragmatism as is possible. For this reason, we ask you to elevate the economy and the regional business climate to a place of preeminence in the vision document. A future designed without a pragmatic approach to the basic needs of the people who will be living the future is not a vision at, all, but an elitist approach to creating an artificial Garden of Eden where everything that is required _ for'He°s basic necessities somehow miraculously appears when needed. 9. - TESTIMONY BEFORE T11E FL" LURE VISION COIvMUSSION February 28, 1994 Page 2 The economy is the foundatifn upon which "livability" and "quality of life" are bunt. It takes enormous financial resources, both public and private, to provide the infrastructure required to build the future that you envision in much of this document. Roads and streets, water and sewer, parks and open space, bike paths and transit all cost the body politic a substantial portion of the public wealth to create, operate and maintain. Public resources to pay for these services rely exclusively on the health of the region's economy. There is no doubt that the region's leaders agree that we need to preserve the "livability" and "quality of life". However, it is important to clearly examine what we mean by these terms. "Livability" for many Oregonians means a permanent roof over their heads a place to live that is warm, secure and free of the threat of disease. For these Oregonians, the parks, beaches and mountains are just things that are on the generic landscape. These Oregonians cast "quality of life" in terms of having adequate food, shelter, clothing and education to provide for themselves and their families. 40 It is for these Oregonians that you should design our future vision. Our vision should be directed toward assuring that all Oregonians have these basic needs fuinlled, that they have opportunities for advancement and improved self-image, that they have jobs, training and retraining for the jobs of today and jobs of the future. Our goal should be to have an economy that provides opportunity for economic self-sufficiency for all our citizens. The future vision of the region should be built upon a strong economy that is diverse and flexible. One that will not be subject to the ebb and flow of the economies of other regions, the nation or international socio-political forces. If we can plan for and nurture this strong, vibrant growing economic base, then we will have the resources and the political wil among the people to construct that Garden of Eden within the framework of the real needs of the region. Finally, we urge you to craft a document which can withstand the test of time in concept and in language. It should be simple, clear and welt-articulated. It should be based upon a pragmatic approach to the future using the best lessons of history and a factual analysis of today. Again, we thank you for this chance to offer our comments on the Future Vision document. We would appreciate a future opportunity to share our ideas and concerns with the commission. Amok Sincerely, l4Iary L. Tobias President/CEO TVEDC COMMENTS ON THE ECONOMY SECTION OF THE METRO FUTURE VISION COMMISSION'S 2ND DRAFT / FVC COMBINED EDIT The economy is the foundation upon which "livability" and "quality of lire" in a region are built. Without a sound financial base, residents will not be able to obtain good jobs, buy or rent homes, have health and education services, or have the disposable income to enjoy the amenities the region has to offer. Economies ebb and flow constantly. They remain static only for brief periods of time while moving from expansion to contraction of the regional wealth. We need to work within this natural ebb and flow while maintaining the overall focus on goals for the future. * Economic policy and vision should be predicated on the best possible information about population change over the next 30 years. Further they should clearly articulate the number and types of jobs that will be required to maintain the population at a standard of laving consistent with the region's standards for "livability" and "quality of life". The region's vision for the economy should be to have the highest possible percentage of the working population employed in "fancily wage" and higher jobs. In the rapidly evolving world of work, a trained and L'-fe-long-learning oriented work force will be essential for almost all professions and trades. • Government cannot and should not create jobs. Goven n^sent should create an environment that promotes economic expansion throughout the region an environment in which existing business can prosper, new business can take root, and entrepreneurship is encouraged * Government should take the lead in assuring that the infrastructure for a strong business economy is provided at the most cost effective and efficient levels. ' Howfwer, government is not necessarily the best provider of services. The infrastructure required for economic vitality includes: efficient highway, rail, air and port systems; water and sewer services,, education from'kindergarten to post-graduatelevels, efficient telecommunications systems, cost competitive energy sources. :o . FUTURE VISION COMBINED EDIT 'SECOND DRAFT 1 2nd DRAFT/ FVC COMBINED EDIT 1 @@aUy 2 FOUNDATION OF FUTURE VISION 3 4 The Future Vision Commission has a mandate to prepare a 5 statement that can guide our planning for the next fifty years. 6 You and your neighbors, in public meetings, propose a just, safe, 7 and equitable society one-that utilizes the land to sustain and enhance the natural as well as the built environment; that has rich Si cultural and effective educational programs; and that provides 10 strong economic and employment opportunities. 11 12 The foundation of Future Vision is our plan for children a 13 plan that will affect their lives, their play and learning, their 14 wo-rk and livelihood, their families, their homes and communities, 15 their health and environment, their sense of place, their govern- 16 ment. Should we fail here, there is'no vision. Healthy communi-. 17 ties, safe neighborhoods, wise use. -of land 'and stewardship of 18 natural resources, a vital edunomy and strong workforce, responsive 19 government and a high level of. civility, will only come about over the next fifty years if the children of today and those yet to be 21 born are in a society that recognizes that they are our -future 22• vision. FUTURE VISION COMBINED EDIT --SECOND DRAFT 2 We propose that the arts are as basic to the educar ion of all hildren as is the academic curriculum. Early and ongoing- 2 c 3 participation in the arts gives a child long-term -enrichment, a 4 sense of accomplishment, and confidence in developing skills. The 6 arts have a singular power to reach all children and provide them 6 with a shared background the arts can establish an even - 7 -playing field. 8 Ye propose a regional partnership of business.and arts groups, 9 in cooperation with Metro and the area's communities, to establish ANEW enough performance groups and. arts facilities to enable every child 11 to. participate. 12 Region-wide community centers, hospitals, and libraries can 13 provide books and programs to help new. parents, right from the 14 start, to read to their infants. Nearby libraries and community 16 centers provide pre-schoolers* with ongoing language and arts 16 enjoyment. Neighborhood arts groups, community centers, libraries, 17 museums, nature centers, and schools. become partners with parents -18 and the community in helping all cbi.ldren to reach their full 19 potential. Our region must provide' cultural., educational, and 20 ` ° ts' the b st i n the world. Y`ecreationai vpporLUnities, L25c rank r:+•.++ FUTURE VISION COMBINED EDIT-`-SECOND DRAFT - 3 1 , 2 OUR COMMUNITIES 3 It is very clear that we need safe communities We envision 4 our region to be a mix of vital and liveable city, rural and 5 suburban 'communities, scenic wonder, and agricultural areas, 6 -distinguished by a a high level of civility, and public parti.cipa- 7 tion in government. Our communities and neighborhoods will each 8 have individual flair and active' communal life4 a number of main 9 streets busy with theaters, galleries, restaurants, music clubs, small businesscs, residences people of all ages; and an •19 increasing_ number of volunteer organizations working to solve 12 community problems. The area will be very strong in-sports and in 13 the' arts with a great variety of public programs, festivals and 14 celebrations. 15 With one of the strongest records in the country for citizen 16 involvement in solving community and regional problems, we will 17, have increasing numbers of people who come together to talk about 18 common concerns thereby gaining a deeper understanding of the .19 pain and experience that have led others to aspirations that seem 20 to be different than their own.:. 21 _ We will revitalize decaying neighborhoods. Government, school, business, and community will •work.together to provide 23 'training and work opportunities for all who' require them.- 24 The -world of work will be re-examined. How we feel about our 9 • 1 FUTURE VISION COMBINED EDIT ^SECOND DRAFT 4 1 jobs affects our health, our families and thereby our communities 2 and economy. We will encourage appropriate public agencies as well. 3 as employer and empioyee groups to provide educational opportuni- 4 ties that lead to mutual understanding.and respect in the work- 5 place. (Working at' home at their modems does not shield people 6 from poor personnel management.) Economic health and the health. 7 of individuals and families must go hand in hand. 8 Employment "and volunteer opportunities, as well as dignified 9 health and' social -services for an aging population- and for the 10 handicapped will be provided.- 1 We recognize that timely, accurate, and accessible information 12 is a requisite for a democratic society. New technologies expand 13 our access to articles, databases, books, videos, and to people 14 around the world. - New technologies also lead to unex- pected 15 social and business changes. We will be better prepared to meet 16 • these challenges by building a strong educational•foundation for 17 . all, and" by recognizing that free public library and information 18 services are an essential part of that foundation. 19 We, recognize that all individuals, communities, public 20 institutions, private organizations, and businesses are part of the 21 social contract. FUTURE VISION COMBINED EDIT --SECOND DRAFT 3 1 OLTR ECONOMY 2 A healthy community and a healthy economy go hand in hand. 3 The key to economic vitality is communities that are attractive to 4 people. The region must protect and -enhance its spectacular 5 natural environment, its cultural and educational' strengths, its 6 vital downtown core, and human-scale communities. 7 Government policies will support partnerships with business 8 and recognize the need for a sound investment environment, access to products and markets, information, productive workers,. safe and liveable communities a healthy environment and a strong sense of 11 place. 12 We will maintain efficient domestic and international inter- 13 modal transportation hubs and communications systems, and promote 1 « domestic and international business, trade, and industrial 15 services. 16 We recognize the need for a graduate research university to 17 encourage the further development of information and high tech 18 industries, to meet the needs of our college graduates-, and to 19 attract a diversity of creative people to our region. 20 We recognize that ,our economy as well as our communities 21 require a vital arts environment. s • FUTURE VISION COMBINED,EDIT -SECOND DRAFT 6 OUR SENSE OF PLACE 2 For many of us, the urea is defined by our place in nature; 3• the snow-draped cones of Fit. Hood and Fit. St. Helens shimmering 4 above sailboats on the Columbia, a silver-bright salmon pulled.from 5' -the waters of the Willamette just steps away from office towers, 6 clouds catching in the firs of the West Hills, the rich. green 7 patchwork of farms and forest lands of Sauvie Island and the 8 Willamette Valley.. Our communities have grown on nature's foundation, developing 10 the identity of our area. At the heart of-the region is the bustle 11 of people, the energy of the city, ringed by distinct neighborhoods 12 --tree-shadowed and close-knit. Today the vibrant urban center of 13 the region reaches out to include older farm towns like Beaverton, 14 Forest Grove, Sandy, Hillsboro, Newberg, lively Frith new industry is and hard-working new residents as well as to the historic cities of 16 Vancouver and Oregon City. 17 _ But the metropolitan region now extends beyond this central 18 urban network. Already evident is an.interlinked economic region 19 stretching from Longview/Kelso on the north to Salem on- the south;' 20 from the crest. of the Coast Range on the-west to the Cascade watershed on the east. Growth has brought new opportunities and prosperity to many •23 Citizens-in 'the region. Growth also brings serious challenges. .t r 1 FUTURE VISION •---COMBINED EDIT *-SECOND DRAFT 3 1 What we have today we may lose tomorrow. While our region is 2 special today, some of the forces of growth acting Iupon it are the 3 same as those which.bave diminished the quality of life in-other 4 parts of the West. Mt. Rood could disappear behind_a pall of smog 5, and the Willamette could run with pollution instead of salmon. 6 As housing creeps north to Longview, south to Salem and covers 1 -the foothills of the Coast and Cascade Ranges, our dreams of a ful- 2 filling city, suburban, or rural life, will give way to the -reality 3 of traffic jams, social and economic segregation and the impersonal 4 ugliness. of sprawl. The centers of our cities will decay and the countryside will recede over the horizon, a place reserved for 6 special'holidays. We will have neither the stimulation of urbanity 7 nor the perceived benefits.of the country. 8 We can plan a better future, a future in•which we will talk to 9 each other on the sidewalk instead of fume-at each other in grid- 10 lock. We will enjoy the countryside and nature in our daily lives. 11 Driving to work or to the store will be a choice not a necessity 12 and we will live in neighborhoods instead of residential zones. 13 That future is possible if we choose to make the best use of 14 what we have, by growing up instead of out. We can maintain and 15 devel6p our cities instead of 'sprawling onto the farm.and fotest- 16 lands on the edge of the metropolis. And we can do this with only modest-changes in the ways we grow and invest the public's-re- ..18 sources 'there is nd need for us to abandon our ' cars or our 19 dreams of having; our own home and yard. t i FUTURE VISION COMBINED EDIT *_SEPND DRAFT 8 2 We can build our future the way we. built the best of our past, 3 supplementing the supply of large-lot single family residences with 4 - a mixture of homes•on traditional sized lots, townhomes and apart- 5 ments that serve the needs of the, households of the future. 6 Our neighborhoods, like the. cities within the region, can 7 maintain or acquire an identity by mixing commercial, community and 8 residential uses along important transportation corridors. This 9 form of growth can reduce our dependence on the automobile,. and by 10 keeping our streets and sidewalks. lively we can increase public 1-1 safety. We can encourage the development of community centers, 0 2 where adults as well as children can take an active role in art, 13 dance, drama, music, nature, science, and publishing programs. 14 Knitting our urban life together will be light-rail, street- 15 cars., and.a completed framework of arterials, streets and side- 16 walks to accommodate our transport, bicycles and pedestrians. 17 Our children will have more choice -in the ways they get to the 18 store, -community center, library , or school. 19 A generous number of public parks and open spaces will keep 20 the outdoors and nature close to our daily life. And the urban 21. part of the region will have its identity created'by a boundary, an 22 edge, beyond which the country begins, con.tinuing its contribution 23 to.our economy and quality of life. 25 26 1 2 3 .4 5 6 FIIT[TRE-VTSION COMBINED EDIT ==SECOND-DRAFT 9 OUR NATURAL ENVIRONMENT We have been entrusted with a region that is blessed with spectacular natural beauty.. Future generations will celebrate our preserving the area and leaving it for them in better shape than we found it.* To provide a context for the challenge we face in meeting this pledge, let us see what the area will be like in fifty years time. Our Natural Environment Fiftv Years From Now 2040: We have sustained the region's distinctive landscape 2 features: forested volcanic buttes and ridgetops, broad riparian 3 plains and low, oak and -fir-clad hills; we see the region as a `i unique ecosystem'in which people and the built environment are 2 recognized to be integral parts. 3 Productive- agricultural lands border the sinuous Tualatin 4 River floodplain where -a-series of national wildlife refuges are 5. managed for their agricultural and natural values. Riparian •6 stewardship and water quality land-use incentives have created 7 added economic value to the agricultural landscape 'and have promoted farming throughout 'the Tualatin River and Willamiette. River ; 9 - basins: - P UTTIRE VISION COMBINED EDIT *-SECOND DRAFT 10 1 Elsewhere, the Sandy, Clackamas and Willamette Rivers are 2 managed for their marry values to the growing metropolitan region. 3 While redevelopment and reclamation of downtown Portland's 4 riverfront has accommodated much of that city's population growth 5 close in to the increasingly vibrant downtown core river 6.. corridors have been managed and restored to enhance their fish and - 1 wildlife, water quantity and quality, and flood control values. 1 The region's urban streams and sloughs have been managed for 2 water quality, recreation, and wildlife, thereby enhancing property. 3 values. Unlike most metropolitan centers, which have eliminated'. 4 their urban streams, our waterways have been retained as part of 5 the urban infrastructure "Gree:ftfrastructure." Over fifty-percent of -these green areas are. managed as an 7 integrated system of open spaces and wildlife refuges which are 8 connected by the regional trail system.. This. network, known as the 4 Regional Greenspaces.System, was developed in the early 1990's to 10. ensure that significant natural resources were managed, restored 11 and utilized according to established standards. 12 Each- of the villages- throughout the metropolitan area is 13 different in character by virtue of unique landscape features which 14 have been retained to separate. it from neighboring communities. 15 There are natural "gateways" between each village, and "feathered" 16 gradients between the.wore densely populated centers that outline the agricultural Iands. . 18 The area when viewed from-the air. greets the visitor flying in 4 M", FUTURE PI.SION COMBINED IT 11 I to Portland with a vision of an intricate mosaic of greenway 2 networks, and by urban rivers and streams which have naturally 3 functioning riparian zones and wetlands. They will see native deciduous and coniferous forests that have been retained on the region's volcanic buttes and prominent ridgelines.-- Tualatin a Mountains, Parrett, 'Cooper and Chehalem Mountains, and the 2 foothills of the Cascade and Coast mountain ranges. And finally,. 3 the visitor will see the area's communities and central city, like 4 stars vibrant in a green firmament.. Imite.r.cha.nge . Ian- 'to-,be P. S d IN 4 sm., U-80- I mWft mum S s e u By STEVE CLARK must consider that proposed changes of the Times to the interchange will have an im- pact on local traffic in Tigard and TIGARD - A meeting of local Lake Oswego, and how motorists business and property owners will move back and forth between the be bead next week to efiscuss two communities. The revised plan. revisions to planned improvements for example, would mean that more for the Interstate 5/Highway 217 in- local traffic would be required to use temhtangc. • the Bonita and Haines road overpao• The intercitange, which also scr- ses and that traffic fmm like Os- vW traffic between Lake Oswego wego could not use the 72nd and Tigard, was scheduled to see an Avenue exit ofr Highw,+,y 217. S33 million improvement. but a "One of the problems is that the 1:W million funding shor"I has design creates more barriers to an prompted the Oregon Department of enhanr:.d relationship between the Transportation to drop those plans. two communities," Buckley said. The revised plan would limit traf- "The Tigard Triangle could be an fie patterns between Lakc Oswego area as impressive as Kruse Way." and Tigard, restrict freeway Irafic But. he said, the state's revised enro and from 72nd Avenue, and plans may keep that from happcn- remove at least two Tigard busi- ing. Local roads such as 72nd ncsses. Avenue in Tigard and Bangy Road A meeting to discuss the in Lake Oswego arc al=.dy lluodcd revisiens'and establish a response by traffc and will only get worse, he Qom the business community' wilt adJcd. be held Jan. 6. The meeting will be Jeff Kaiser, environmental and _ frcm 7:-0 to 9 am. in the tVEDC?majer projects manager for ODOT, offices, 10200 S.W. Nimbtu, autte said the state has realized it not only G in Tigard. must come to grips with funding .rccmcnt on the revised plans limitations, but must focus its -eishcr a S13 million or a 525 mil- priorities on freeways and other lien option with a wider freeway state highways - not local traffic avc.tass - is on a fast. Tck. improvements. The city of Tigard has hired a The state's original design for a ecnsuitant to study the plan's impact new I-5!217 interchange tried to do on local traffic. too much, he said. Metro planners must sign off on "One of the problems with the all ee,"ional highway plans early in other design is that we were trying IS? ; the state will hold regional to solve cvcrynnc's problems. puNie hearings in February and Kaiser said. "Vie were trying to 11=r h; and the Oregon Transporta. solve local street problems with a lien Commission will adopt the cn. freeway interchange." tire state highway plan in March. Instead, he said, the meal com- 'Me new interchange plan has not munitics will need to address local tt^:n unveiled locally. but members Yoffie issues and traffi!: between of the Tualatin Valley tcOna[itK Tigard and Lake Oswego. If funding Lt rclopmcnt ":Corn.'- -alrrady and politics allow, he said. some vcic$tg Mme eoncem and calling state assistance might be possible fer:itizen involvement. for local street projects. Business people ncd to take a "Philosophically, we arc willing lcdcrship role regarding the inter- to consider That - financially and change, said Lake Oswego attorney politically, that's another matter." Bill Buckley, chairman of the Kaiser said, explaining such star D DC tansportation committee. participation would have to compete 'Cicarly, the *regional issue is with other regional pmjccts. critical to the economic well-being Kaiser said although sums busi- of this region - if you arc talking nesscs may experience some loss abut trucking or individuals who due to the revised plan, the plan. W. shopping." - provides an improvement over cur- But Buckley raid the state also rent conditions. c~ f cl ~C G r l~ C L!. e- P 0 Metro leaders'. string ails r i es and esti on not S respect f C Political and managerial bladders have have ,had ; said 12ary~obias, president of~ ' undermined the regional government's uphill latin t,aIlec economic IDece?o_ment C oio. and-a siruggtefor public understanding supnor rer or. regional gover:.menL-The irs arch- ing feeling Is that, because for some reason this ' body is no- i_- the Measure 5 debate, they are sit- By GORDON OLIVER tin- outside any accountability to the electorate." o: iAeOreyonranslaH Metro oL'cZTs grappled this week with the agen- 6 As Metro's political leaders stumble through a (y'S f0u1 LD ir failing to fill its leased former wend quarters bull-'n- with new tenants a controversy series of embarrassing missteps, critics and even supporters wonder who is in charge. , that led to a pressured resignation of a top agen cy official. Score of the agency's elected councilors The regional government, little known and set off lookre for someone to blame and quickly scarcely understood by the public, is searching for came up w:.-*- Metro Executive Rena Cusr na. Her respect from a cifzenry skeptical of aL governme:t. But it finds it. R 1J ~'J facilities mana;er, Neil Salirg, resigned Wednes- day, saying u:e job had become too political. self in controversies over mana; ing buildings, new taxes, salaries for Metro coun- "The lon, arm of blame is firmly in her court right now," said Metro Council Presiding 01 cer cilors and parking perks that raise questions Judy W'yers. o rather than confidence. The u row- ust p j the latest in a string of major - Y~ s almost _like Metro hasn't come to grips with the nexus between themselves and the taxpayer in Please turn to the same way that local governments and the state METRO, Page A22 E 0 o: metkno critics cite lack of leadership . ocantinued from Page One and minor controversies that have shaken mntidence in the ,agency. They include: .Metro's decision to- spend $24 million to renovate the former Seats building for a mr regional heirs- quarters. Using income Nora Me- . tv_+nds that do not require a pub. Dc vote. Metro expects to save money in the long run. but critics have stiz"d on the buUng as a symbol of an arrogant, aloof govern- ment body. "I say they're aloof whenever someone lets rate speak, and every- one understands that," said Mike Ragsdale, a former Metro Council presiding officer now running for Metro executive. oThe decision by Metro coun- ctlors' to draw part-time salaries starting this year. even though the citizen committee that drafted a new charter. for Metro intended the sala- ries to eke effect in 1995. The coun- cilors receive 525,900 a year, with Presiding Officer Judy Wyers re- ceiving 550,800. "Legally, they're entitled to it but politically it's another matter:" said state Sen. Ron Cease, D-Portland, who served on Metro's charter re- view committee. "i think politically they didn't make the right choice." s A budget committee's attempt to secure free parking for Metro coun- cilors. even though other Metro em- ployees had to piy to park. The budget committee, made up of Metro councilors, reversed its vote in re- sponse to public pressure. oThe appointment by the Metro Council and Cusma of a citizen com- mittee to consider new taxes, with the condition that the committee not question the assumption that Metro needs more money. The committee suggested new taxes on real estate tra -.furs and construction permits, but the Metro Council quietly let the proposal die after it attracted oppo- sitiun front industry and virtually ne public support. "it was a waste to take citizens' time to do all this while we were ob- viously in a climate of no new tares," said E. John Rumpakis, a semiretired property manager and real estate agent. Rumoakis testified against any new taxes. Many supporters of regional go- verment are worried that %tetra's political problems will carry more weight with the public than its work In regional land-use planning and a variety of other services. The agen- cy also nuns the Washington Park Zoo, the Oregon Convention Center and the Performing Arts Center and coordinates regional trash disposal. Rich Carson, a former Metro plan- - ping director, said the mistakes are especially damaging,,because the Metro Council and Its staff have not built strong support networks in • local communities. - • "Because they don't do any out- reach with the public, the only thing that shows up in the paper is this silly stufror -itrageous stuff, how- ever you want to look at it;" he said. Metro Is the nation's only elected regional government tovenng Multnomah, Washngton and Clackamas counties. It is made up of an elected executive officer and 13 - councilors. VrA f ? BOB fS Disposes of the region's garbage Operates the Washington Park Z.ro ® Plans for growth and transportation' * Manages regional complexes sect as me Oregon Convention Centar and the Portland Center for the Performing Attn. EW (f cam Total budget 52M million, 85 percent from fees an solid wasm disposal. 11-L rci» ^ es no property, xtaxes. MIN ME f is POWaw • Metro has the authority to Impose any tax with voter approval and many taxes by ordinance alone. Because they don't do airy outreach with the public, the only thing that shows up in paper is this silly stuff or outrageous stuff, howe:'eryou want to look at it. Rich Carson, loaner tletro planning dlrecter "Because they don't do any out- reach with the public, the only thing that shows up in the paper is this silly staff or outrageous stuff. how- ever you want to look at it" he said. A common theme among those fa- miliar with the agency is its lack of strong leadership. The controversy over the building lease points to one of the agency's problems. that of di- viding up management duties be- tween the Metro Council and the ex- ecutive officer. "The Metro Council is not hired :a. be city managers for the region. but they haven't figured that out." said one close observer with ties to :.'te agency. "On the executive side. where has Rena been? What 'oes she do with her tirade?" The charter review committer, which wrote a new home-rule char- ter that voters approved in 1992. de- cided to reduce the Metro Council from la to seven members. "I think we were looking at brirg- ing visibility to their races and at- tracting a higher caliber of andi- date, " said Ned Look, retired director of the Oregon Communiz Foundation and a committee mem- ber. "I don't want to downgrade them, but I guess I do. It's mediocre. Let's look at it" But politics reigns at Metro in the long period of transition from the old political structure to the new. The agency has created seven new districts to replace the current 13, and voters will choose the people :o fill them in next year's spring and fall elections. %lost of -the [nc_s• bents will, be running against each other. " . At the same time, Cusma Is run- ning for state labor commissioner. Three candidates so far are in the race to succeed Cusma. A'recent public-opinion survey conducted for Metro found that hardly anyone 'mows who the elect- ed members of the Metro Council are. Two-thirds didn't even know the name of their regional govern- ment. "They are a very young govern- ment;' said Tobias former mayor of Sherwoo anMw a candidate for the chairmanship of the Washington County Board of Cammisstoners. "When you re elected to local. gov ernment, you may not have thought abdut it, but you have a long history to build upon. This government doesn't have that" . , M Exeeadva Of er• Ream Cus- M. Salary: S=80 The =ecu :•a o1P.rer Memo m-R Pnd Mn veto w!md ded- slen3 an budget taxes or fees u councam by district Salary: 525,400 Presiding officer 550.800 ®1 - Susan McLain 0 2 -Jon Xvistad a 3 _ Jim Gardner M 4 - Richard Devrin ® 5 - Mike Gates 0 6 - George Van Bergen Cl 7 Ruth McFarland 1118•-- Judy Wyers (Laurent president) ® 9 - Ron Monroe is 10 - Roger °ucianen ®11 - Ed Washington ®12 - Sandi Hansen 119.13 -Terry Moore n,.AfO.G., P_ But councilors are taking off in odd directions in their search for tecogn4ion and respect This year, the council hired a photographer to take pictures of each councilor and Cusma for a dispeaylnside the build- ing's main entrance. The idea was to raise public awareness of the coun- cilors, so obscure that few voters even know who they are. %tetra paid 111-500 for the portraits and another $3.500 for the frames out of a build- ing fund. The agency's supporters hope that a political campaign will move coun- cilors out of the building, where, they spend count-'ess hours in meet- •ings, and into the community to raise the agency's profile. "They need to get out there and talk to people," Canon said. t (-3, c1c14 ~J Ow"', I N 1. 0 f • A4 rt Input alter road decisions The ongoing regional process of determining which road project will be funded and which will not demonstrates the importance of getting involved In the past few months, a juggernaut of panic and politics has at- tempted to deal with a $400 million shortfall in statewide funding for roads. In the meantime, as construction projecs that were once ap- proved for funding became victims, suppone s of other project have lined up asking for money. Among them am proponents of transit, bike and pedestrian paths and transit-oriented development who suggest that spending money on roads is not a solution; fund transit instead, they say. Somebody r~..-r was listening, because about S34 million in road construction funds =--.'t-=- have been diverted to buying new Tri-,beet buses and other transit projects. In rum, projects such as the reconstruction of the Interstate 5/Highway 217 interchange have lost out. The imerchange wa's due S84 million in funding and now is budgeted to receive a Band-aid solution of S13 million that will likely hurt local tmffic and busi- nesses in Tigard and Lake Oswego. Other projects, such as improvement to Canyon Road in downtown Beaverton; an improved I-5/Stafford interchange; and road work in Forest Grove were initially r-ut. And the widening of some stretches of Sunset Highway was deferzd. Public communication and inform, ationbetween govemment were also victims in the panic to make decisions. 1-pically, road projects are studied for months or years with state, Nctro and city of- ficials working in tandem. The local public is invited to learn and comment about project affecting their commtmity. Thar really hasn't been the case of late. The complexity and ur- genry of the budget cut and the opportunity for politics to rule have meant that no local public hearings -only remonal meetings - have been held. City officials have had lithe or no information. Citizens and business people have largely been uninformed about changes in project. Some of that has changed with considerable effort. ,,.,At I-5 1EHighway 217, local business pwplc and member of the Tualaut'nValle-v-tconom'rclkvelo mcnt Ca . have worked hard and oudly to urge for funding a road design that works. Folks in Wilson- ville and Forest Grove helped restore funding for their local project. Beaverton Mayor Rob Drake helped rescue Canyon Road. The fight for proper road funding and public involvement is not over, however. - The decision-making process by Metro and the state continues for a few more weeks. Average citizens and businesspeople must elevate their involvement. Metro and state officials must be told that the 1 public deserves sufficient advance notice and information to bar-:-J ticipate in the decision-making process. It must be made clear that the urgency to make cut should not result in choirs that in rum - spend just money - but do riot solve problems even in the short run. _ Recent evidence demonstrates that broad-based citizen and busi- ness involvement will not come by invitation, unless ritizcns and - busincsspeople insert themselves into the process. _ Y But it's important to note, too, that citizens can make a difference. tundte. ' 1-5/2"o 7 in put, _ le'adership Revised plans to improve the Interstate 5/Highway 217 inter- - change cannot be ignored by local businesses, nor given cursory e x- arrindion'by the city of Tigard. Due to a $400 million shortfall in state highway funding and second thoughts about the original $85 million design, the state high- way division is proposing scaled-back improvements. ` Frustratingly, the revised plans - a $13 million version and a $25 million option that would add two Iancs to the I-5 freeway overpass - have barely seen the light of day as far as the public and busi- nesses are concerned. The City Council has been briefed on the plan. But the city is holding back comment until an outside traffic consult- ant examines how the revised interchange will affect local traffic and c • the community. In one word: lots. The revised interchange will keep trtftic between take Oswego and Tigard from using 72nd Avcnuc. Freeway traffic to and from 72nd would be restricted. The plan would claim at least two Tigard v businesses, and potential development in the Tigard Triangle may be affected because access to the area would become more difficult. And more traffic will be forced into the logjam on Pacific Highway 7 or smaller Bonita and Haines roads and overpasses. The'llfaZafin allcyEconomi prststt ip-Etas done the _ C "c`' r~ will hold a D right thing bTji3 ping fcct fast into ihts rssuc = . meeting ]an. 6 from 7:30 to 9 a.m. to discuss the plan and its impact. Tile mccting will be at the TVEDC offices at 10200 S.W. Nimbus, Suite G-3 in Tigard. Business involvement and leadership in this issue is critical. Not only because current traffic patterns will be affected, but because fu- turc development, employment and local traffic will be affected. - G A larger reason for immediate involvement is timing. The rush to agree on a solution to the mess at I-51217 is immense. ' s highest The interchange has been designated as the Portland region traffic improvement priority. But because of the 5.100 million state highway funding shortfall, more than $100 million in metropolitan highway projects are being axed or dclaved. If there is no agreement within the next six wc: ks on the best plan for the I-5 interchange, it is possible that the project could be stalled and funding given to other projects in which there is agreement. Such a possibility does not mean that local residents, the city, motorists and businesses should roll over and accept this plan. On the contrary, with agreement, then also must be a commitment ex- tractcd from MOT that if the state gets what it wants at the inter- change, it cannot walk away from the consequences created on local traffic and business. - Any state commitment can come only from inspired business and _ 0 civic leaders demanding what's right. t • I-- C42 t3J G: W Rt~ 4 . y r) Ij _ _ Ln -.2 MIMM f f O U d G Y U vl = O _ .O C J ^D U h 79 4a -2 c,o_~ =''„s ~i C-3 L. :s - ° ..off 92. ~ ~•y A c4 = as y :y h° o L V o V a L CZ C, O U^ O to y+ > 7 cL!' J en N O J a R y Y. u r n =p .r C ` V A •'V G R to 6T :.i :.t = s .r'7. ^G a 7' p sn •d p~~bwDL~ y = V O _ R to w -.-a v° 7 C) L J C,7 y Cy) CJ / y > A a c3 v •V > O d H n= v`)i 2 r n a O.. Q ~p CU i. y CQ ? = d S2 ;z ° ^ =r = J 1 Ou 7 L m c- d ..V• y L w.R r 0 *1 'v 1;2 C"i .3 cz y 0 ~ O y u O y L 0 y 7 _ _ O - .D r c4 z CU y O = v C0 V r O o 9L) ' ' Y .U- Oj ~ Z: O ca ~ O VFW 0.= WW Q CZ CZ U) 1 icy H OD Vf ',•v~ d^ ~U a) y0 7 U 7 . .p d C, O n N 4.. L = n r O = ' p O C. O. h rCj v % = E..• .r L.. In •~i Q/ O J L L - L d •fl N O I to= ' to, 7 X a7 ° N C) N U 7 C- L a) L L a! ° C O U_ v c3 cUi cj.- En L. •V ` = U J = r J y0 u) ~G C3 ^ O tn" s O) co d C CV cC r U • 7 ^D to . O v= rj no - L ° L q 3 cs A V bD m s V 7 = _ j y 0. zi L CD ti C d m t a=i =O ' n o a cs z :s =n y n. s° a) c° y _ u v ° U L d 7 D1 O O . = C L ` C: % L cy N w 7 R .D r G G..^. 7 v O. ca . ..D L CS V N= = 7 r ° •G O U H C) O O L 7 d C7 y' cn W O 0) V .:i L 1. N V L '4 C ^ H G O O N' r O d U r W V y= L ® V) = v 3... + 7 >,7 pu V 7 c' In cc = y O i > 0, N Q) N 7. r d c3 . 7 G V U) r Cl. J N )°1.. to ca 0 -L 0 C) CS 3:. 0 L- ^.v ^0 oa) d.N ~.J N L3 yw ri L y : ry ,G Cr.) ^ O U T...O .r 74 03 _ _ w Y L- = V C2. = 2 •N D 7 A v=i O p O ^ .r"+ V ' . O no w) LO .0 V9 C A' w c: G v p al .Dp y O. -U' { =G v. Q G.r G C ti A i d 3 pD L cc a) CA 3~ CD = C 7 w S ~ r H - uy~ B w a° ED7 CZ P) cc CJ D acO) A oc C 1 U r U a) O= p .O C j _ L _ a . L O 7) O N M O tr ..y.. M r a[ W d •C2 06 .z 0== to ^ O arm to cr U) v^. u_j aim L) V CL) ago '0 0 H 6Y c) w a)rs~ CM =6 LAMM -nV+a Council Agenda Item 3 • - MEMORANDUM CITY OF TIGARD, OREGON TO: Honorable Mayor and City Council FROM: Patrick J. Reilly, City Admina,strator~" ~ DATE: May 2, 1994 SUBJECT: COUNCIL CALENDAR, May, 1994 - July, 1994 Official Council meetings are marked with an asterisk If generally OK, we can proceed and make specific adjustments in the Monthly Council Calendars. * 10 Tues Council Meeting (6:30 p.m.) Study Session Business Meeting * 17 Tues Council Meeting Cancelled ELECTION DAY * 24 Tues Council Meeting (6:30 p.m.) Study Session Business Meeting - Oaths of Office Mayor a Council Positions 3 and 4 30 Non Memorial Day Holiday - City Offices Closed Afth June * 14 Tues Council Meeting (6:30 p.m.) Study Session Business Meeting * 21 Tues Council Study Meeting (6:30 p.m.) * 23 Tues Council Meeting (6:30 p.m.) Study Session Business Meeting t7uly 4 Mon 4th of July Holiday - City Offices Closed * 12 Tues Council Meeting (6:30 p.m.) Study Session Business Meeting * 19 Tues Council Study Meeting (6:30 p.m.) * 26 Tues Council Meeting (6:30 p.m.) Study Session Business Meeting n:\Lo9imcaeny\cccaL COUNCIL AGENDA ITEM ~•3 w CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF : w4 ply . tq DATE SUBMITTED : ISSUE/AGENDATITLE: 199 /94 PREVIOUS ACTION: June 22, 1993 _ Supplemental Bud et Budget Adoption PREPARED BY: Wayne Lowry DEPT HEAD OK CITY ADMIN OK REQUESTED BY: Shall the Council approve a supplemental budget for 1993/94 to make certain budget adjustments for 1993/94. ST.AFF RECOMMf'.]NDATION Staff recommends approval of the supplemental budget resolution. INFORMATION SUMMARY Several expenditures approved in the 1992/93 budget did not occur until early in the 1993/94 fiscal year due to delays by manufacturers and dealers. At the time of the preparation of the 1993/94 budget, it was anticipated that these expenditures would occur as planned in 1992/93. The expenditures are as follows: Backhoe 52,250 Service Van 20,400 Dump Truck 39,200 &ft Because the above items were not charged to 1992/93, most related funds beginning balances are greater than anticipated. The only exception to this is that the Sewer fund beginning balance is less than anticipated. In addition to the above proposed operating budget adjustments for equipment purchases, costs for City Attorney services have been greater than anticipated due to unexpected litigation. The City Attorney budget should be increased by $100,000 to reflect actual expected expenditures. Because this supplemental budget represents an adjustment of less than 10% in each fund, Local budget law allows it to be adopted by the City Council by resolution. PROPOSED ALTERNATIVES * Approve supplemental budget as submitted. * Amend supplemental budget FISCAL NOTES Supplemental budget as submitted increases total appropriations by $140,240, increases total resources by $140,240 and transfers $71,610 from Sanitary Sewer CIP to the operating budget within the sewer fund. E s! COUNCIL AGENDA ITEM C21-t T CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF: Ma2140, 1994 DATE SUBMITTED: April 29, 1994 ISSUE/AGENDA.TITLE: Contract Agency, PREVIOUS ACTION: None and Human Services PREPARED BY: Ron Goodpaster DEPT HEAD OK ' CITY ADMIN OK REQUESTED BY: Ron Goodpaster ISSUE BEFORE THE COUNCIL To approve the contract with the Washington County Department of Health and Human services which would allow us to receive $5,000 in grant funds to be distributed for anti-gang purposes. STAFF RECOMMENDATION Approve contract. INFORMATION SUMMARY The cities of Sherwood, Tigard, and Tualatin have received a grant of $5,000 from the Washington County Department of Health and Human Services to be specifically used in a gang prevention plan. The gang prevention fund is to be used to provide training for law enforcement officers from Sherwood, Tigard, and Tualatin in G.R.E.A.T. (Gang Resistance Education and Training) Program. A minimum of three officers are to be trained. The 8-week G.R.E.A.T. curriculum, which is similar to the DARE Program, will then be taught to 6th and 7th graders in the middle schools in the communities. A minimum of 600 students will participate in the program during the 1993/94 school year. This contract establishes Tigard as the'contractor to reimburse cities up to $5,000 to provide their officers training in the G.R.E.A.T. Program keep appropriate financial records for a period of 3 years. Tigard has already trained one of our school resource officers and will be receiving reimbursement for that training; and the second school resource officer is scheduled for training later this month, and his expenses will also be reimbursed from this fund. All monies received from this grant need to be expended by June 30, 1994. I have discussed this with the Finance Director. The contract has also been reviewed by the City Attorney's-office. Authorized signature heeds to be the Mayor on both forms. `City Recorder has contract if review is desired. PROPOSED ALTERNATIVES None. FISCAL NOTES No impact on existing budget. .Q-k cv-p-~ COUNCIL AGENDA ITEM ;.5 CITY OF .1G. RD, OR GON COUNCIL AGENDA ITEM SUMMARY AGENDA OF: May-1-B.,, 1994 DATE.SUBMITTED: ISSUE/AGENDA,TITLE: Resolution - PREVIOUS ACTION: April 29, 1994 None Ron Gooanaster Ron GoodAaster STAFF RECOMMENDATION Approve/sign resolution. INFORMATION SUMMARY In February of 1993, members of the Tigard Police Department formed a committee to research community oriented policing with the goal of implementing it in Tigard. The Committee chose the. name Team Oriented Policing (T.O.P.) as their name- to indicate the team formed by the partnership of the community and the police working together. our goal was to reduce crime, the per eption and fear of crime, and to make our community a safer place in which to live and work. The philosophy of team oriented policing recognizes the necessity, of the interdependence and shared responsibility of the police and the community working together in partnership to make the community a safer and better place to live and work. This philosophy encourages a working partnership between 'the community and the police to identify safety and liveability issues; to determine resources needed; and to apply innovative strategies to address the issues and their root causes. In adopting Team oriented policing as the philosophy for the Department, the Department has also made changes in the following areas: recruitment, assignments/promotions, evaluations, training.and operations. PROPOSED ALTERNATIVES None FISCAL NOTES May require additional personnel for total-implementation and joint problem solving and partnerships with the community. A resolution which adopts the Community Policing philosophy for the Tigard Police Department. F CITY OF 1•.IGARD, ' OREGON RESOLUTION NO. 94- A RESOLUTION BETWEEM THE TIGARD CITY COUNCIL AND THE TIGARD POLICE DEPAR'IYKEATZ' TO ENTER INTO A ° MUTUAL COMMITMENT TO ADOPT TEAM ORIENTED PdL IC INCA (T-0-P-) < A _11LOSOPH';- _T^.::E*7COLn2nvE -asat-Ti v u- ccTasn~Tie:iPrAaTivav Vs ALL MEMBERS-OF THE COMMUNITY. TO ACCEPT THE SHARED- RESPONSIBILITY FOR THE LIVEABILITY AND SAFETY OFALL-CITIZENS OF TIGARD AND TO ENCOURAGE OPEN C01V21UNICATIOIL IUM COOPERATION OF, ALL CITIZENS AND ALL CITY DEPARTMENTS IN A PARTNERSHIP TO ACHIEVE THIS GOAL. WHEREAS,,' crime and public safety, issues are a shared responsibility between the community and the police, the Tigard Police' Department strives, to effectively address these. issues, through` a partnership with the community through Team Oriented Policing or, T.O.P., and WHEREAS this shared partnership between the police and the community through T. 1. P. will increase. communication and enhance our community's liveability through the use of. proactive problem-solving' approaches to our community's needs and WHEREAS this partnership through T.O.P. strengthens the cooperation between the Tigard. police, other city departments and the community, which encourages their:. active`. participation in addressing these community concerns, 'issues and WHEREAS through T.O.P. the Tigard -Police Department is committed to establishing and maintai.ning'a meaningful and productive partnership with other city departments, social service` agencies, other governmental bodies, as well as with all citizens of the community' to achieve a mutually held goal of an 'increase in the safety and liveability of all members of our coirummity. NOW, THEREFORE, BE IT-RESOLVED by the Tigard City Council that: i Section 1 The Tigard City Council and the Tigard Police Department enter into a`mutual commitment to adopt Team Oriented Policing as a philosophy, to encourage active participation; of all members of the community to accept the shared responsibility for the liveability and safety of all citizens ' of Tigard; to> encourage open communication and cooperation of all citizens andall city, departments in a partnership to achieve this goal. PASSED: This day of1994. Mayor City of Tigard ATTEST: ^ity Recorder - City of Tigard RESOLUTION NO. 94- Page 1 M E M O R A N D U M TIGARD.POLICE DEPARTMENT TO: All Personnel FROM:' Ronald D. Goodpaster ~ Chief of Police DATE: April 28, 1994 SUBJECT: Team Oriented Policing In February of 1993 members of the Tigard Police Department formed a committee to research Community Oriented Policing with the-goal of implementing'it in Tigard. The committee chose the name Team Oriented Policing ( T.O.P.) as their name to indicate the TEAM formed by the partnership of the community and the police working together. Our goal was to reduce crime,.the perception and fear of crime and to make our community a.safer place in which to live and work. - To achieve this goal, the committee members researched other police departments. and reviewed, their philosophies and programs. Following this research the committee formulated a plan that was tailored to meet Tigard's needs. This plan encompasses the philosophy of T.O.P.: "Shared responsibility to solve community problems.through interaction. The success - of T.O.P. is dependent upon the enthusiastic participation of ALL members of the Tigard.Police Department and the encouragement of active participation by our community. Members of the Tigard Police Department who participated in various stages of the•T.O.P.. committee are listed below: Lt. Robert Wheeler Det. -Michael Hintz Sgt. Thomas Killion Ofc. Karl Kaufman Sgt. Charles Martin. Ofc. Michael Knutson Cpl..-Bette Carter, Chair Ofc. :Peter LaFranchise Det. James deSully ' Ofc. Kelly Jennings PIO Ofc. Douglas Greisen SRC. James Wolf This memorandum describes the plan to implement Team Oriented Policing in Tigard. All Tigard Police Department personnel are to become actively involved in Team-Oriented Policing. They are to participate in and encourage'-partnerships with the community. The.philosophy of Team Ori6fi.ed Pglieing °reeoclraizes the necessity of the inter-dependence ax:d snared sesponsib:ility of the police and the community, working' together 7 in partnership- to make their community a safer and better'.'- place* to live and work.' This philosophy encourages a working partnership between the community i and the police to identify safety and livability issues, to { determine resources needed, and to apply innovative strategies to address the issues and their root causes. This philosophy should reflect the values of the police and the community through their cooperative participation in problem solving, decision making, empowerment and accountability. Other issues regarding Team Oriented Policing that will. be addressed by department personnel include: RECRUITMENT: Our recruitment process will include the criteria necessary to select candidates with the skills needed to be effective in Team Oriented Policing. ASSIGNMENTS/PROMOTIONS: Selections for special--assignments and promotions 'Will have a strong emphasis on the candidates' adherence to Team Oriented Policing precepts. EVALUATIONS: The evaluations system and form has been changed to include, the member's creative participation in Team Oriented Policing. TRAINING: Training is a major component of successful Team Oriented Policing. Training topics need to be selected and presented with Team Oriented Policing issues in mind. These. should include classes in problem solving, decision making and communication. OPERATIONS: Each shift should .research, discuss and select, specific concerns. or problems and formulate creative, effective solutions to address the issue. Individual officers will also have the latitude to work on individual projects. Supervisors are to encourage their officers to address the root causes of repeated calls and allow the officers the resources.for innovative responses to these calls. Officers are accountable for their areas; supervisors are accountable for the officers. This includes all department personnel and divisions. PARTNERSHIP AGREEMENTS: Partnerships are the cornerstone of Team oriented Policing. The philosophy of community/Team oriented Policing emphasizes that the police are an integral part of the system that addresses community safety and livability issues; that they work together with other community agencies and individual members to achieve their. goals. The process of.implementat,on=is a:.corrstantly evolving process and will -take time to.:.reachieffectiveness:, Ae-will _continue. to strive-_.. towards a 'shared responsibility 11: i, een7 the-,; police Nand _ c our . community to achieve our-r~oaE--of,r;increased safety. and livability: in our community, capitalizing on what we:have already achieved- DIRECTIVE 94-05 CITY OF TIGARD, OREGON RESOLUTION NO. 94- A RESOLUTION BET::EEN THE TIGARD CITY COUNCIL AND THE TIGARD POLICE DEPARTMENT TO ENTER INTO A MUTUAL COMMITMENT TO ADOPT TEAM ORIENTED POLICING (T.O.P.) AS A PHILOSOPHY, TO ENCOURAGE ACTIVE PARTICIPATION OF ALL MEMBERS OF THE COMMUNITY TO ACCEPT THE SHARED RESPONSIBILITY FOR THE LIVEABILITY AND SAFETY OF ALL CITIZENS OF TIGARD AND TO ENCOURAGE OPEN COMMUNICATION AND COOPERATION OF ALL CITIZENS AND, ALL CITY DEPARTMENTS IN A PARTNERSHIP TO ACHIEVE THIS GOAL. WHEREAS, crime and public safety issues are a shared responsibility between the community and the police, the Tigard Police Department strives to effectively address these issues through a partnership with the community through Team Oriented Policing or, T.O.P. and WHEREAS this shared partnership between the police and the community through T.O.P. will increase communication and enhance our community's liveability through the use of proactive problem-solving approaches to our community's needs and WHEREAS this partnership through T.O.P. strengthens the cooperation between the Tigard police, other city departments and the community, which encourages their active participation in addressing these community concerns, issues and WHEREAS through T.O.P. the Tigard Police Department is, committed to establishing and maintaining a meaningful and productive partnership with other city departments, social service agencies,- other governmental bodies, as well as with all citizens of the community to achieve a mutually held goal of an increase in the safety. and liveability of all members of our community. NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council that: Section 1: The.Tigard City Council and the Tigard Police Department enter into a mutual commitment to adopt Team Oriented Policing as a philosophy, to encourage active participation of all members of the community to accept the shared responsibility for the liveability and"safety of all citizens of Tigard; to encourage open communication and cooperation of all citizens and all city departments in a partnership to achieve this goal. City Recorder - City of Tigard RESOLUTION NO. 94° Page 1 40 TEAM ORIENTED POLICING IMPLEMENTATION PLAN TIGARD POLICE DEPARTMENT The Tigard Police Department is implementing Community Policing. To achieve this goal of an effective Community Policing plan, a committee composed of members of the Tigard Police Department was formed. This committee chose the name of TEAM ORIENTED POLICING or T.O.P. The name, T.O.P. was decided upon to signify the "Team" that is formed between the police and the community that is the fundamental basis for Community Poliemi g. The T.O.P. committee began the project of formulating an effective Community Policing plan for Tigard by researching the plans, successes and failures of other departments. The members interviewed numerous other police departments, both in person and by phone. Various plans from other departments were reviewed and discussed. The departments researched, ranged in size from those with fewer personnel than Tigard to those much larger in size. We interviewed both department heads and street officers. We spoke with personnel who favored Community Policing and with those opposed to Community Policing. By using this multi-tiered approach with those interviewed and by speaking with both proponents and opponents of Community Policing, we were able to determine what should be the most effective approach to implementing Community Policing in Tigard. One of the first necessities in formulating an effective Community Policing Plan is to address the basic issue of "What is Community Policing All of the literature reviewed is consistent in its definition of Community Policing. Community Policing is a PHILOSOPHY. This philosophy recognizes the necessity of the interdependence and a shared responsibility of the police and the community, working together in partnership to make their community a safer and better place to live and work. This philosophy will be adopted and adhered to by all Department members. Team Oriented Policing encourages a working partnership between the community and the police to identify safety and livability issues, to determine resources needed, and to apply innovative strategies to alleviate the problems. Team Oriented Policing should reflect the values of the police and the community through cooperative participation in problem solving, decision making, empowerment and accountability. Through Team..Oriented Policing the police. do not merely respond repeatedly to a problem wit!i®utfirst addressing the underlying issues and atteanpting, with the help of the community; to solve the root cause of the problem. This co-active approach may inftia lly necessitate more time involvement for the police but in the broad picture the time spent will result in fewer repeat calls as well as. a more liveable community, Page 1 , T h.err ~ ~c that need to be addressed in the implementation plan for t a aat.x~. are a. many nssu..~ Tigard. Some of these have already been initiated and others are in the process. The T.O.P. committee created a brochure that explains briefly what Team Oriented Policing is and asks that all citizens of Tigard join in this effort. The front page of the brochure has a quote that capsulized our concept of Team Oriented Policing: "SHARED RESPONSIBILITY TO SOLVE COMMUNITY PROBLEMS THROUGH INTERACTION. This brochure is made available to Department members and to the community by the officers at all appropriate locations, such as the library, city hall, water district and at all community or police sponsored programs. The committee also developed a T.O.P. form that is to be utilized by officers and others to recognize an issue, determine the proper agency or department to respond to the issue and to forward it to the correct department, agency, or person. There are also provisions for the requisite follow-up built into the system which dictates that the Public Information/Crime Prevention Officer file the form and ensure that the appropriate response has been activated. The committee has written a resolution to adopt Team Oriented Policing for Tigard. This resolution has been presented to the Tigard City Council and formally adopted by the City. The committee produced a concise resource phone number list that is used by the officers and can be handed out to citizens. We, as a police department and as individual members, have implemented other programs and instituted forums that encompass viable Team Oriented Policing concepts. These programs are the result of the implementation of the philosophy of Community Policing--they flow from ( the philosophy. A survey form was sent to the citizens of Tigard in 1992 to ascertain their concerns regarding the quality of life and potential safety issues in the community and requested their input regarding these concerns. These surveys were used as a basis to determine which issues to address in our partnerships.. We are continuing to send out letters to citizens regarding the level of satisfaction they have received on various calls for service. These responses are utilized in determining methods . to improve our service satisfaction. Another method of determining the concerns of the citizens is through the continuance of the. Chiefs Forum. This group is composed of citizens from all facets of the community. They meet on a regular basis to advise the Chief on various issues that involve the police and the community. Additionally, the city has formed four groups that represent four sections of the city. These groups are called Citizen's Involvement Teams or C.LT.s. The Police Department has four police officers who are members of these C.LT.s and they regularly attend the meetings and advise the group members regarding police issues - The police officers in turn then meet with the Chief to bring back any issues thatiiivolve'the Department. These two groups, the Chiefs Forum and the C.I.T.s, . are an. initial step in formulating working partnerships between the police and the community. Page 2 A911k or y'e uayc iieStitiitcu ^*her inm a~ns within the Department that embody the philosophy of Team Oriented Policing. Some of these are our Bike Patrol; 4.ne LLse a satellite office in an apartment complex which enables the officers to interact with the citizens in ,a positive situation while deterring crime with our presence; a partnership between several businesses to curb thefts from vehicles; and a program that involves businesses supplying paint and supplies to repair criminal mischief from graffiti. Other programs currently are being developed. There are other issues. that need to be addressed regarding Team Oriented Policing. They include the following RECRUITMENT Recruitment of police officers who are suited for Team Oriented Policing requires that the criteria include selecting candidates who are predisposed to embracing a community service approach to policing. The recruiting of police officers today requires varied skills to be able to meet the challenges offered by Team Oriented Policing. Candidates should be well versed in communication skills and be "people" oriented. They shounld display a low frustration level, be flexible, analytical and self-motivated. The successful candidate should be innovative, creative and excel-at problem solving. These qualities will be looked for in the testing process, including the oral boards and in the psychological evaluation. If we recruit officers with these qualities and abilities the successful implementation of Team Oriented Policing will be natural to the officer and they will be able to meet these challenges. ASSIGNMENTS/PROMOTIONS Specnial assignments and promotions also need to have a strong emphasis on adherence to Team Oriented Policing precepts. This can be integrated into the oral board process as well as by the applicant's demonstrated commit- ent to the tenets of Team Oriented Policing. The necessity of supervisors promoting the philosophy of Team Oriented Policing can not be emphasized too strongly. EVALUATIONS The evaluation systemand form has been changed to include an entry on the pea son's _ creative participatioi. in Te 3ffi Oriented Polk ling; The new. form addresses the issue _ of Team Oriented Policing. The-r,ew foam and its anchors wvilll, reflect the individual's ability to effectively -and creativerip `solve -prablemss `~itbin the coimmunity. This new evaluation form and its anchors will eValuate the oftieees abilities on A qualitative Page 3 basis rather than only on a quantitative basis. The new evaluation form will be used for officer rank, corporals and sergeants. TONING Initial training has been given to personnel within the Police Department and to others in the community. The training was first presented to the supervisors in 1992 and then to the remaining members of the Department as well as to various community leaders and citizens. This training was presented by Portland Police Bureau personnel and used the S.A.RA. method. The S.A.R.A. method is an acronym for Survey, Analysis, Response and Assessment. This is the method that has been proven to be effectively--used-when a concern or problem needs to be addressed. Training is a major component of successful Team Oriented Policing. Our Department training needs to be presented with Team Oriented Policing in mind. Several departments that we researched either intersperse their required training with Community Policing training or give it in conjunction with required training. The additional type of training presented ranges from "How to make presentations to groups" to having other governmental agencies inform officers how their agency can assist iii `"eam Oriented Policing. Health programs, landlord-tenant programs, school resources, etc. are all possibilities for additional training. Most of these are free of charge. The Federal Department of Justice has an excellent, wide-ranging program that can be requested without cost. The training committee should work in conjunction with the T.O.P. committee to setup various training programs that would cover topics that would be beneficial in the Team Oriented Policing program. The T.O.P. committee recommends that we arrange for Department-wide training to update and re-familiarize Department members with the philosophy of Team Oriented Policing. We believe that a refresher session is warranted on a regular basis Department wide. Another suggestion that the committee recommends is to have each officer choose a subject, research it and present it to the other shift officers at briefings. This would not only cut the costs of training but would assist those officers in becoming more comfortable in speaking before a group. Problem-solving training is crucial to the sucerssful implementation of a viable Team Oriented Policing project. OPERATIONS During our research we reviewed numerous plans for officer deployment. The most effectve plan involves some provisioaa fo , havm- g zones or distracts to which a specific ; "Team" is assigned. This Team" is resguffasible for all that oc curs within their zone or district. The' supereysoa s and off cep assigned to their speck zone have an , enhanced opportunity to be6xiae ire -h"b with their area.' This enables'. 'the "Team" to be more effective in addreimm 44 the. concerns and problems in their. area. However, clue to staffing constraints,' this -type of organizational plan may not be Page 4 feasible for Tigard at this time. Our alternate recommendation is to have' each of the three shifts research, discuss and choose a specific concern or problem that their shift chooses to work on. This method allows a wide latitude in choices and should encompass many different subjects. The committee also recommends that each shift communicate with the other shifts about the projects that they are working on. This will foster good relationships between the shifts as well as encouraging them to work together on common goals. The Detective Unit is encouraged to become actively involved in Team Oriented Policing by addressing such issues as FraudfMeft at Washington Square or Burglary prevention. Again, both Detectives and Patrol should work together on some of these projects. Presently the Department is using the 4-10 work schedule and as a result, the overlap. time can be effectively utilized for working on the chosen shift projects or individual projects. The initial stages of Team Oriented Policing involves the necessity of spending more time on some types of calls to discover the root causes of a problem. However, when the root cause is discovered and addressed by the appropriate agency or department, repeat calls for service should be reduced. In order to have the necessary time to efficiently and effectively work in the pro- active/co-active manner required by Team Oriented Policing, it is essential that we re-assess our responses for calls for services. It is imperative that Nve reduce cur call load. The initial steps towards this goal have already been undertaken by staff. They are in the process of working on various methods to reduce the calls for service by utilizing such items as phone reports, using cell phones in the patrol units, and other similar responses to some calls. The Department is also in the process of implementing two Community Service Officer positions. These civilian C.S.O.s will handle many of the low priority calls for' service and allow the police officers more time to work on their individual or group projects. PARTNERSHIP AGREEMENTS Partnerships are a cok-nerstone of Team Oriented Policing. These partnerships begin with the -understanding that the. Police Department personnel cannot solve all problems of crinie or livability. The philosophy of Team Oriented Policing emphasizes that the police-are an integral part'of the system that addresses community livability issues; that they work together with other community agencies and individual members to achieve their goals. To realize this goal of community involvement, we must work to "Advert"ise and Market" Team Oriented Policing to the public as well as to our Department. The media, both television and newspapers, are able to promote Team Oriented Policing to a wide range audience. The raedia is an excellent group. to involve in assisting us in achieving this goal. Page 5 partnership agreements are an example of the trust that is built between the police, Adak other community agencies and our citizens. • These can be either verbal or more formal -written agreements. The most important aspect of these partnerships is that the community anc' the police team realize'their inter-dependence and responsibility to each +„f% address crime, the fear of crime, and livability issues. SYJMIMARY The philosophy of Team Oriented Policing has been officially adopted by the City of Tigard and by the Tigard Police Department. It is now up to us, all Department members and the community, to ensure that we are effective in meeting the challenges presented by the necessary change in philosophy. This process will begin with the necessary training within our Department and address the issues regarding recruitment and' evaluation. Shift supervisors will be encouraged to, foster teamwork within and between their shifts in identifying and assessing problems, seeking creative, innovative solutions to these challenges. All departments researched and all literature studied is consistent in demanding that ALL Department members be supportive of the goals of Team Oriented Policing. The administrative level must ask for and receive input from all levels of personnel. This . step is necessary to achieve the required "Ownership" in the. philosophy. Supervisors will empower and be supportive of the officers and allow them the needed time to become involved in and offer solutions to long-standing. problems. The. supervisors must allow for mistakes as the officers learn the most effective methods to work with and alleviate problems. Communieation. is imperative at all levels and between all levels. The process of implementation is a constantly evolving process and will take time to reach effectiveness. We will continue to stkdve .towards a shared responsibility between the police and our community to achieve our goal of increased safety and livability in our community, capitalizing on what we have already achieved. TEAM ORIENTED POLICING "SHARED RESPONSIBILI'T`Y TO SOLN. E COMMUNITY PROBLEMS THROUGH INTERACTION'. Page 6 TEAM ORIENTED POLICING REPORT Tigard Police Department Date Occurred: Reported By. Police Inddent No.: Location: Problem/B.---kground/1 Bstory: recommended Solution: Person Taking Report Date Repor Phone No.: ORS/TMC: Ext RESPONSE Person Responding. Telephone No babe Completed: . Have you advised reporting person? D Yes O No Date: PLEASE RETURN YOUR RESPONSE TO: Team Oriented Policing Coordinator, Tim Police Department, '3125 SW Han Blvd., Tigard, OR 97223 by or caI1639-6168 for more information THANK YOU FOR YOUR ASSISTANCE! WHrM - Reporting Party YELLOW - T.O.P. Officer PINK - Responsible Agency AGENDA ITEM # 3. (P o • For Agenda of May 10, 1994 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Amendment to Sewer and Storm Dra PREPARED BY: DEPT HEAD OK Ud/U CITY ADMIN Oil ISSUE BEFORE THE COUNCIL " " Shall additional projects be added to the Sewer and Storm Drain Capital Improvement Projects for the fiscal year 1993-94. STAFF RECOMMENDATION That the Council authorize the additional projects as part of the FY 1993-94 capital improvement program, and that the Local Contract Review Board authorize the Engineering Department to advertise for bids on the project. INFORMATION SUMMARY Proposed capital improvement projects for current fiscal year Storm drainage: S.W. Main Street and Commercial Ave. The purpose of tris project is to eliminate flooding that occasionally occurs at this intersection by installing additional new lines that will direct runoff to a recently installed line in Commercial Ave. This project appears on the CIP list approved by Council on July 13, 1993, and was funded from the Storm Drainage unrestricted funds in the amount of $4,000. Subsequent investigation has revealed that a more extensive project, estimated at $24,000, is required to solve the flooding problem. This increased estimated cost of $20,000 is proposed to be funded by the reserve account of Storm Drainage unrestricted funds having a balance of $249,000 at the beginning of the fiscal year. Estimated Cost: $25,000 Sewer: Woodard Park Greenway Greenburg, south of Hall St. S.W. McDonald St.and S.W. 103rd Avenue The purpose of these projects is to repair damaged sewer lines found during routine video inspection. The repairs are intended to facilitate maintenance, prevent sewage backup, and reduce the cost of sewerage treatment by preventing groundwater from entering the sewerage system. When the CIP project list for sanitary sewer was approved in July, the available funds exceeded the amount needed for requested projects. As a result, a reserve of $885,500 is shown in the sanitary sewer CIP. Staff was to review project needs and suggest additional projects. In addition to the three projects shown above, staff may be suggesting additional projects within the next six weeks. Estimated Cost: $25,000 OTHER ALTERNATIVES CONSIDERED FISCAL NOTES' All projects are funded by the reserve accounts of the unrestricted funds of the Sewer or Storm Drain Capital Improvement Fund. AGENDA ITEM 6 h For Agenda of May 10, 1994 CITY OF TIGARD, OREGON COUNCIL'AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE PREPARED BY: G Alfson DEPT HEAD OK CITY ADMIN OK ISSUE BEFORE THE COUNCIL 1 Approval of the project allowing engineering staff to proceed with advertisement for construction bids. STAFF RECOIL-MENDATION Authorize the City Engineer to advertise for bids the Park/Watkins Shoulder Improvements project. INFORMATION SUMMARY Citizens in the neighborhood of Charles F. Tigard Elementary School on Park Street and Watkins Avenue have expressed a concern: for pedestrian safety due to increasing traffic and the lack of adequate width for pedestrians on those streets. The Council approved $40,000 for improvements for pedestrian safety in the Park/Watkins area in the 93/94 Capital Improvement Project budget. On February 2, 1994, a public meeting was held to discuss the best use of the funds. Those present agreed that Park Street, from Grant to Watkins, and Watkins Avenue, from Park to Fairhaven, are this first and second priority improvements needed. Design has.been completed for these improvements. The improvement consists of adding a paved shoulder along one side of each street. The estimated cost to improve these sections of Park and Watkins is $50,000. The other projects in the Capital. Improvement Project budget have been completed for less than their estimated costs, resulting in a savings of $11,000 in FY 1993-94. Staff proposes that the $11,000 savings be added to the Park/Watkins budget to provide a total funding of $51,000, and that we proceed to construction in accordance with the priorities selected by the neighborhood. FISCAL NOTES Funds for this project are available in the 93/94 Capital Improvement Project budget. P] AGENDA ITEM # 3. Co C For Agenda of May 10, 1994 CITY OF TIGARD, OREGON Amok COUNCIL AGENDA ITEM SUMMARY LOCAL CONTRACT REVIEW BOARD ISSUE/AGENDA TITLE Award of contract for construct PREPARED BY:,VVB DEPT HEAD OK U CITY ADMIN ISSUE BEFORE THE COUNCIL Shall the Local Contract Review Board award the contract for the construction of the Cook Park Wetlands? STAFF RECOMMENDATION That the Local Contract Review Board, by motion, award the contract to Seminole Environmental, Inc. INFORMATION SUMMARY Prior to constructing Dartmouth Street, the City was required to obtain State and Federal permits for work in the wetlands (primarily the crossing of Red Rock Creek). The permits required that the City provide mitigation for the wetlands impacts. The mitigation can occur at another site. It is proposed to provide the mitigation by improving the existing wetlands area north of the soccer fields in Cook Park. This plan has been approved by the permitting agencies. On April 19, 1994, bids were opened for the necessary grading work for the wetlands improvements. Eight bids were received, as follows: LZN E:~cavation, Portland $ 120,169 Benge Const., Sherwood 96,885 Clackamas Const., Boring 96,723 Berning Const., Wilsonville 84,320 Parsons Excavation, Tualatin 81,000 Krueger's Erosion Control, North Plains 77,800 Kerr Contractors, Tualatin 77,300 Seminole Environmental, Silverton 41,756 Engineer's Estimate 60,000 If this contract is approved, staff intends to award a separate contract for approximately $5,500 to provide the wetlands plantings following completion of the grading work. In a separate item of this agenda, authorization is requested to enter into a $24,000 consulting contract to comply with other requirements of the permitting agencies. References have been checked for the low bidder, Seminole Environmental. The references indicate a good work record for the company on similar projects. OTHER ALTERNATIVES CONSIDERED FISCAL NOTES the project is entirely funded by the S.W. Dartmouth Street Extension LID. dj/GB:CP-Wetlands.SS AGENDA ITEM # 3• In d For Agenda of May 10, 1994 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY LOCAL CONTRACT REVIEW BOARD ISSUE/AGENDA TITLE Authorization to award wetlands consulting contrast to SRI/Shapiro PREPARED BY: AF-7A DEPT HEAD OK CITY ADMIN OK / > ISSUE BEFORE THE COUNCIL Shall an offer from SRI/Shapiro to provide wetland consulting services be accepted? STAFF RECOMMENDATION Authorize the City Administrator, by motion, to sign a consulting contract with SRI/Shapiro. INFORMATION SUMMARY As mentioned in a separate item of this agenda,. consulting services are required to complete a wetland replacement project required by State and Federal agencies for the S.W. Dartmouth Street Extension LID. The scope of services include inspection of the construction of the replacement wetland, installing wells to monitor the groundwater: level, and monitoring and documenting of plant success as required by the permitting agencies. Services also include preparation of an annual report required by the permitting agencies to ensure compliance with applicable regulations. The monitoring and reports are required for five years following construction of the replacement wetlands. The fee for the proposed services is not to exceed approximately $24,000. Upon authorization to enter into a contract, a contract using City forms and a scope of services prepared by the consultant, will be prepared. OTHER ALTERNATIVES CONSIDERED FISCAL NOTES This contract is entirely funded,by the S.W. Dartmouth Street Extension LID. d]/GB:SRI.ss E COUNCIL AGENDA ITEM 3'10 e, CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF : my ! 0, 14 etH DATE SUBMITTED : IAG7E1'D" TITLIE: Park and Rec~_Ca _ PREVIOUS d-_te current IsSU y+ L1VL1V Park - ACTiGN: Adopted -1 nn U1Vll -Y-1 v PREPARED BY: Duane Roberts DEPT HEAD OK CITY ADMIN O REQUESTED BY: Caro]. Landsman - ISSUE EEFO E THE COUNCIL To authorize hiring a consultant to determine how best to obicain the appropriate level of funding needed to maintain the existing ratio of park to development. The study will explore the feasibility of extending the present SDC to non-residential development and to new development within the City's Interest Area and of increasing the present City Park System Development Charge (SDC). STAFF RECOMMENDATION Authorize the hiring of a consultant to carry out the proposed study. INFORMATION SUMMARY The City's current park SDC was adopted in 1991 and applies to residential development occurring within the City. As required by Oregon SDC statues, the City SDC consists of a reimbursement fee for costs associated with capital improvements already constructed. This SDC generates approximately $100,000 annually. As we develop we want to make sure we can continue to provide the existing ratio of park improvements to development. The work scope for the study includes: reviewing the present SDC fee structure, developing an SDC for non-residential development and for new development in the interest area, and developing a methodology for automatically adjusting the SDC based on changes in land and construction costs. PROPOSED ALTERNATIVES 1) Approve the proposed parks SDC study. 2) Approve the proposed study with a revised work scope. 3) Do not approve the proposed or a revised SDC study. FISCAL NOTES The cost of the SDC study is estimated at about $10,000. It will be paid for by SDC funds as allowed by state statutes. DR/soq May 3, 1994 AGENDA ITEM # LI For Agenda of May 10, 1994 CITY OF TIGARD, OREGON COUNCIL-AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Reimbursement District Ordinance PREPARED BY: R. Woo.lev DEPT HEAD OK Ate CITY ADMIN OK ISSUE BEFORE THE COUNCIL Adoption of a new reimbursement district ordinance. STAFF RECOMMENDATION Approval of the attached ordinance revising procedures for formation and administration of reimbursement districts, and adoption of the attached resolution setting application fees for reimbursement districts. INFORMATION SUMMARY On April 19, 1994, the Council reviewed the draft of the revised reimbursement district ordinance and provided comments to the City Attorney. The Attorney has revised the ordinance to reflect the Council comments. The ordinance, if adopted, will revise the procedures for formation and administration of a reimbursement district. The revisions are intended to: • provide for a public hearing prior to formation of a district (rather than by appeal, as provided in the current ordinance); • provide for the option of holding the hearing prior to construction; • revise the City administrative fees; and • revise the ordinance format and language to clarify various aspects that have previously caused confusion. A resolution has also been prepared to establish application fees. The proposed fees are based on the staff time required to prepare past reimbursement district reports. OTHER ALTERNATIVES CONSIDERED FISCAL, NOTES rw/rid-s U LE ^,j Chctnos C~ ~`L E 1B1 Ze "A" rrn&tte b i 0ol Pa 4 Chapter 13.09 em s v Lz? L -co te4n jg o REIMBURSEMENT_ DISTRICTS Cd 13.09.010 Definitions (1) "City Engineer" or "Engineer" means the person T holding the position of City Engineer or any officer or employee designated by that person to perform duties stated within this chapter. (2) "City" means the City of Tigard. (3) "Person" means a natural person, the person's heirs, executors, administrators, or assigns; a firm, partnership, corporation, association or legal entity, its or their., successors or assigns; and any agent employee or any representative thereof. (4) "Applicant" means a person, as defined in subsection (3), who is required or chooses to finance some or all of the cost of a street, water or sewer improvement which is available to provide service to property, other than property owned by the'person, and who applies to the City for reimbursement for the expense of the improvement. The "applicant" may be the City. (5) "Street Improvement" means a street or street improvement conforming with standards in the Tigard Community Development Code and including but not limited to streets, storm drains, curbs, gutters, sidewalks, bike paths, traffic control devices, street trees, lights and signs and public right-of-way. (5) "Water Improvement" means a water or water line improvement conforming with standards. in the Tigard Community Development Code and including but not limited to extending a water line to property, other than property owned by the applicant, so that water service can be provided for such other property without further extension of the line. (7) "Sewer Improvement" means a sewer or sewer line improvement conforming with standards in the Tigard Community Development Code and including but not limited to extending a sewer, line to property, other than property owned by the applicant, so that sewer service can be provided for-such other property without further Ordinance No. Exhibit "A" Page I of 9 Aft extension of the line. (8) "Reimbursement District" means the area which is determined by the City Council to derive a benefit from the construction of street, water or sewer improvements, financed in whole or in part by the applicant and includes property which has the opportunity to utilize such an improvement. (9) "Reimbursement Fee" means the fee required to be paid by a resolution of the City Council and the reimbursement agreement. The City Council resolution and reimbursement agreement shall determine the boundaries of the reimbursement district and shall determine the methodology for imposing a fee which considers the cost of reimbursing the applicant for, financing the construction of a street, water or sewer improvement within the reimbursement district. 13.09.020 Application for a Reimbursement District (1) Any person who is required to or chooses to finance some or all of the cost of "a street, water or sewer improvement which is available to provide service to property, other than property owned by the person, may, by written application filed with the City Engineer, request that the City establish a reimbursement district. The street, water and sewer improvements must include improvements. in addition to or in a size greater than those which would otherwise ordinarily be required in connection with an application for permit approval or must be available to provide service to property other than property owned by the applicant. Examples-include but shall not be limited to full street improvements instead of half street improvements, off site sidewalks, connection of street sections for Conti-nuity,, extension of water lines and extension of sewer lines. The City may also initiate formation of a reimbursement district. The application shall be accompanied by a fee, as established by resolution, sufficient to cover the cost of administrative review and notice pursuant to this Chapter. (2) The application shall include the following: (a) A description of the location, type, size and cost of the public improvement to be eligible for reimbursement. (b) A map showing the properties to be Ordinance No. Exhibit "A" Page 2 of 9 included in the proposed reimbursement district; the zoning district for the properties; the front footage or square footage of, said properties, or similar data necessary for calculating the apportionment of the cost; and the property or properties owned by the applicant. (c) Post-construction: The actual cost of the improvements as evidenced by receipts, invoices or other similar documents. Pre- construction: The estimated cost of the improvements as evidenced by bids, projections of the cost of labor and materials, or other evidence satisfactory to the City Engineer. (d) Post-construction: The date the City accepted the public improvements. Pre- construction: The estimated date of completion of the public improvements. (3) Application for formation. of a reimbursement district may be made at any time but shall be made no later than three months after completion and acceptance of the street, water or sewer improvements. However, the City Engineer may waive this requirement upon the showing AM$k by the applicant of good cause for the delay, that the delay was not created by the applicant, and that the delay was unavoidable due to unanticipated or unforseen circumstances. 13.09.030 City Engineer's Rei2ort The City Engineer shall review the application for the establishment of a reimbursement district and evaluate whether a district should be established. The Engineer may request the submittal of other relevant information from the applicant in order to assist in the evaluation. The Engineer shall prepare a written report, for the City Council, considering and making recommendations concerning the following factors: (a) whether the applicant will finance or has financed some or all of the cost of a street, water or sewer improvement, thereby making service available to property, other than property owned by the applicant; (b) the area to be included- in the reimbursement district; Ordinance No. Exhibit "All Page 3 of 9 (c) the actual or estimated cost of the street, water or sewer improvements within the area VL the proposed relm1bULAC1IlC 111. u.e_a l.t 1li4 and the portion cf the cost for which the applicant should be reimbursed; (d) a methodology for spreading the cost among the parcels within the reimbursement district and where appropriate defining a "unit" for applying the reimbursement fee to property which may, with City approval, be partitioned, altered, modified, or subdivided -at some future date. The methodology should include consideration of the cost of the improvements, prior contributions by property owners, the value of the unused capacity, rate-making principles employed to finance public improvements, and other factors deemed relevant by the City Engineer. :riot v r,;rope Y :>vi"?e .s w-111 oril y be 5... E_.rea if the ccantri_~-Ut_-Lo,n w-:as for the sane y e o irri i`'ovie1:1s-:n and .l._ the saime tion (exa.m:r,ie . .s seY:er eiat ed i o C. G c: .r1.b'lJt lisl7 7'? .t •he _ oca+-.i.oi? as a s ?wet iir:,r ove:rent kou1 be connid.erE;a, a Y;ater- `:e.: is ed cor: r ibl-J`•.Aon in .me ..:;ti ati ' on a sewer. Improvement would n be considered) ; ...tea+ Si"a I e Aw=kS?gib ~4+"/ 1u7 (e) the atnTM-.^fee ..applieE-- the-re•imbasre t-€ee beginning on the first anniversary of the date of the reimbursement agreement as a return on the investment for the person or the City. The annual fie adjustment shall be fixed and determined by the Council and computed against the reimbursement fee as simple interest and will not compound. The City Engineer may take ` T into account th-e A cost of any financing, including prepayment points, prepayment 7o penalties, loan fee. the actual percentage rate of interest- being paid by the applicant*- when recommending the annual fee adjustment to the City Council; (fl the amo=unt to be charged ti y e' City =r,-r administration of t::e agreement by the City. The administration fee s ha' l be fixed by the Council and will be included =r: the resoluti=onapproving and ' forming t he reiarhursemenL Ordinance No. Exhibit "A" I>age 4 of 9 CAI-4wJ qlzq:n~ "7 /VT_ iurrlCt. E ad-',4 .C.n> feca ist due and in Sec-ion 13. _.L rrlt2i .s sEsd< (f) D, (g) the period of time that the right to reimbursement exists if the period is less than f i l teen years. 13.09.040 Amount to be Reimbursed (1) The cost to be reimbursed to the applicant shall be limited to the cost of construction, including the acquisition and condemnation costs of acquiring additional right-of-way; the cost of permits, engineering and legal expenses, and the annual fee adjustment fixed and determined by the Council. . (2) A reimbursement fee shall be computed by the City for all properties which have the opportunity to utilize the improvements, including the property of the applicant for formation of a reimbursement district. The applicant for formation of. the reimbursement district shall not be reimbursed for the portion of the reimbursement fee computed for the property of the applicant.- 13.09.050 Public Hearing (1) Within a reasonable time after the City Engineer.has completed the report required in Section 13.09.030'01 the City Council shall hold an informational public hearing in which any person shall be given the .opportunity -to comment on the proposed reimbursement district. Because formation of the reimbursement district. does not result in an assessment against property or lien against property., the public hearing is for informational purposes only and is not subject to mandatory termination because of remonstrances. The City Council has the sole discretion after the public hearing to decide whether a resolution approving and forming the reimbursement district shall be adopted. (2) If a reimbursement district is formed prior to construction of the improvement (s), a second public hearing shall be held after the improvement has been accepted by the City. At that time, the City Council may modify the resolution to.reflect the actual cost of the improvement(s). 13.09.060 Notice of Public Hearing Ordinance No. Exhibit "A" Page 5 of 9 Not less than 10 nor more than 30 days prior to any public hearing held pursuant to this Chapter, the ® applicant and all owners of property within the proposed district shall be notified of such hearing and the purpose thereof.. Such notification shall be accomplished by either regular mail or personal service. If notification is accomplished by mail, notice shall be 'f:a1..E?% ::i: E;s'= ,.han i3 dti s pY.1ol to il-l- :'::'a ~n s :al;. be deemed effective on the date that the letter of notification is mailed. Failure of the applicant or any affected property owner to be so notified shall not invalidate or otherwise affect any reimbursement district resolution or the City Council's action to anvrove the same. 13.09.070 City Council Action (1) After the public hearing held pursuant to Section 13.09.050(1), the City Council shall approve, reject or modify the recommendations contained in the City Engineer's report. The City Council's decision shall be embodied in a resolution. If a reimbursement district is established, the resolution shall include the City Engineer's report as approved or modified, and specify that payment of the reimbursement fee, as designated for each parcel, is a precondition of receiving City permits applicable to development of that parcel as provided for in Section 13.09.110. (2) When the applicant is other than the City, the resolution shall instruct the City Administrator to enter into an agreement with the applicant pertaining to the reimbursement district improvements. If the agreement is entered into prior to construction, the agreement shall be contingent upon the improvements being accepted by the City. The agreement, at a minimum, shall contain the following provisions: (a) The public improvement(s) shall meet all applicable City standards. (b) The total amount of potential reimbursement to the applicant. (c) The annual fee adjustment set by the City Council. (d) The applicant shall guarantee the public improvement (s) for a period of 12 months, after the date of installation. Ordinance No. Exhibit "A" Page 6 of 9 (e) The applicant shall defend, indemnify and hold harmless the City from any and all losses, claims; damage, judgments or other costs or expense arising as a result of or related to -the City's establishment of the district. (f) The applicant shall acknowledge that the City is not obligated to collect the reimbursement fee from affected property owners. -E (g) The applieant shall agree that upon celleetien of the - .i retain - an etint h rep mburseften fee- by -the- ei ty, t e eque! te ----n pereent (10%) - ~zrs -b+ en the of the fee :g) Other provisions as the City Council determines necessary and proper to carry out the provisions of this Chapter. (3) If a reimbursement district is established by- the City Council, the date of the formation of the district shall be the date that-the City Council adopts the resolution forming the district. 13.09.080 Notice of Adoption of Resolution The City shall notify all property owners within the district and the applicant of the adoption of a reimbursement district resolution. The notice shall include a copy of the resolution, the date it was adopted and a short explanation of when the property owner is obligated to pay the reimbursement fee and the amount of the fee. 13.09..090 Recording the Resolution The City Recorder shall cause notice of the formation and nature of the reimbursement district to be filed in the office of the County 'Recorder so as to provide notice to potential purchasers of property within. the district. Said recording shall not create a lien. Failure to make such a recording shall not affect the legality of the resolution or the obligation to pay the reimbursement fee. 13.09.100 Contesting the Reimbursement District No legal action Intended to contest the formation of Ordinance No. Exhibit "A" Page 7 of 9 the district or the reimbursement fee, including the amount of the charge designated for each parcel, shall be filed after 60 days followings adoption of a resolution establishing a"reimbursement district. 13 09 110 Obligation to Pay Reimbursement Fee (1) The applicant for a permit related to property within, any reimbursement district shall pay to the City, in addition to any other applicable fees and charges, the reimbursement fee established by the Council, together with the annual fee adjustment, if w+th4: 01 gars-.fro t dist24eb :-dete er3) within the time specified in the resolution establishing the district, the person applies for and receives approval from the City for any of the following activities: (a) A building permit.for a new building; (b) Building permit (s) for any addition(s), modification (s) , repair (s) or alteration (s) of a building, which exceed twenty-five percent (25%) of the value of the building within any 12-month period. The value of the building shall be the amount shown on the most current records of the County Department of'Assessment and Taxation for the building°s real market value. This paragraph shall not apply to repairs made necessary due to damage or destruction by fire or other natural disaster; (c) Any alteration, modification or change in the use of real property, which increases the number of parking spaces required under the Tigard Community Development Code in effect at the time of permit application; (d) Connection to or use of a water improvement, if the reimbursement district is based on the water improvement; (e) Connection to or use of a sewer improvement, if the reimbursement district is based on the sewer improvement; (f) Connection to or use of a street improvement, if the reimbursement district is based on the street improvement. (2) The City°s determination of who shall pay the Ordinance No. Exhibit "A" Page 8 of 9 " reimbursement fee is final. Neither the City nor any officer or employee of the City shall be liable for payment of any reimbursement fee, annual fee adjustment, or portion thereof as a result of this determination. (3) A permit applicant whose prope-pty is subject to payment of a reimbursement fee receives a benefit from the construction of street improvements, regardless of whether access is taken or provided directly onto such street at any time. Nothing in this ordinance is intended to modify or limit the authority of the City to provide or require access management. (4) No person shall be required to pay the reimbursement fee on an application or upon property for which the reimbursement fee has been previously paid, unless such payment was for a different type of improvement. No permit shall be issued for any of the activities listed.in subsection 13.09.110(1) unless the reimbursement fee,. together with the annual fee adjustment, has been paid in full. Where approval is given as specified in subsection 13.09.110(1), but no permit is requested or issued, then the requirement .to pay -the reimbursement fee lapses if the underlying approval lapses. (5) The date when the right of reimbursement ends shall not extend beyond <t- n> fifteen years from the district formation date, yew may, , emt efts 4-en-ef said deadline, at the , • e t 13.09.120 Administration (1) The right of reimbursement is assignable and transferable after written notice is delivered to the City, advising the City to whom future payments are to be made. (2) The City shall establish separate accounts for each reimbursement district. Upon receipt of a reimbursement fee, the City shall cause a record to be made of that property's payment and remit the fee to the person who requested establishment of the reimbursement district or their assignee<, less an ametint ' Huai t-e'•b-n x .(3) The reimbursement fee is not intended to replace or limit, and is in addition to, any other ordinance No. Exhibit "A" Page 9 of 9 existing fees or charges collected by the City. jmc\mmd\tigard\<reirs or2s :c: ....oz.. Ordinance No. Exhibit "A" Page 10 of 9 G- COUNCIL AGENDA ITEM. ~ 5!aq A4 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF: M~'V-10. 1994 DATE SUBMITTED: April 29. 1994 ISSUE/AGENDA TITLE: Amendment to PREVIOUS ACTION: None Tigard Muni_cinal Code to include chronic nuis caaae nropert / PREPARED BY: Ron Goodpaster DEPT HEAD OK CITY ADMIN OK REQUESTED BY: Ron Goodyaster To amend Title VII of the Tigard Municipal Code, Public Peace, Safety, and Morals to include this Chapter 7.42 pertaining to chronic nuisance property. STAFF RECOMMENDA~'ION Staff recommends the council approve the proposed ordinance amendment. INFORMATION SUMMARY This proposed„ amendment, modeled after similar ordinances in other cities, would give the Police Department an effective tool in dealing with C;hrviiisc locations that are causing significant problems in the immediate neighborhood and -the community. The ordinance defines what a chronic nuisance would be,•and then if four or more occurrences of any of the acts or behavior take place during a 60 day period, the ordinance [could allow, upon finding -that the infraction was committed by respondent, a hearing officer may require the property to be closed and secured against all use and occupancy for a period of not less than 30, but not more than 180 days; or assess a civil penalty not to exceed $500, or employ any other remedy deemed by it to be appropriate to abate the nuisance. The ordinance requires mandatory notification to the property owner and the tenant of the ordinance and the penalties that could be evoked if the behavior continues. This process would be handled through the Tigard Municipal Court. This type of ordinance would be extremely effective in those isolated incidents where we have significant problems at a particular residence that continue over a period of time and significantly disrupt the quality of life.in the immediate neighborhood. There is an emergency clause on this amendment that would become effective upon passage. The City Attorney has reviewed this ordinance. PROPOSED ALTERNATIVES None. FISCAL NOTES Monies and resources are available in existing budgets to enforce this ordinance. CITY O TIGARD ORDINANCE NO. 34- , AN ORDINA14CE TO AMEND TIPPLE 7 OF THEI TIGARD MUNICIPAL CODE, PUBLIC PEACE SAFETY AND, MORALS, TO INCLUDE CHAPTER 7.42 PERTAINING TO lbYT?FSMTn MTTTCAWt-4V PRnPFRrPV WHEREAS, because of repeated disruptive behavior on them, properties within the "City of Tigard can create unreasonable disruptions to the neighborhoods where the properties are located;` and W-HEREAS, the properties become chronic nuisances to surrounding property o:.,ners and degrade neighborhoods, and WHEREAS, existing 'state criminal statutes and city ordinances are, inadequate to address control or remedy the denigration that r_..o -ha t.,..a.; Miawf"1 nC at the s. isvua aa :'vsaa vaa.~w: 1 razye properties; and WHEREAS, civil regulation of these properties will provide a remedy' to the problems caused by these chronic behaviors and will promote and protect the.' public health, safety and welfare; and WHEREAS, the .City has authority to regulate both the conduct and the structures that are the locales of this conduct; now, therefore,. THE CITY OF-TIGARD ORDAINS AS FOLLOWS: SECTION 1e Title 7,. Public Peace, Safety and Morals, of the Tigard Municipal Code, is hereby amended by adding Chapter-7.42, with thefollowing sections: Sections 7.42.010 Short Title 7.42.020 Definitions 7.42.030 Chronic Nuisance Property 7.`42.040 Procedure 7.42.050 Civil. Penalty, 7.42.060 Commencement of Actions; Burdens of Proof Defenses; Mitigation of Civil Penalty 7.42.070 Closure During Pendency of Action; Emergency Closures. 7.42.050 Enforcement of Closure Order; Costs; Civil Penalty 7.42090 Attorney, Fees 7.42.100 Severability OFD NO. Page 1 of 7 7.42.010 Short Title. aft The ordinance codified in this chapter shall be known as the "Chronic Nuisance ordinance," and may also be referred to herein as "this chapter." 7.An non ncfinn= (a) "Chief of Police" means the Chief of the Tigard Police Department or his or her designee. (b) "Chronic Nuisance Property" means property upon which, or adjacent to which, four or more distinct occurrences of any of the following acts or behaviors take place during any 60 day period: (1) harassment, as described in ORS 166.065; (2) fire or discharge of a gun or weapon, as described in Section 7.32.120 of this Code; (3) disorderly conduct, as described in ORS 166.025; (4) public indecency, as described in Section 7.32.110 of this Code; (5) unlawful use or possession of weapons or firearms, as described in ORS 166.210-166.275; (6) violation of the Uniform Controlled Substances Act, as .described in ORS Chapter 475; (7) assault, as described in ORS 163.160, 163.165, 163.175, or 163.185; (8) menacing, as described in ORS 163.1.90. (e) "Owner°G means the person or persons having legal or equitable title to the property. (d) ""property"" means any real property ' including land and that which is affixed, incidental or appurtenant to land, ,including but not limited to any premises, room, house, building or structure or any ORD NO. Page 2 of 7 dMh separate part or portion thereof, whether permanent or not. (e) "Responsible Party" includes each of the following: (1) the owner of the property, or the owner's manager or agent or other person in control of the property on behalf of the owner; or (2) the person occupying the property, including bailee, lessee, tenant or other person having possession. 7.42.030 Chronic Nuisance Property. (a) The acts or omissions described herein are hereby declared to be public nuisances of the sort that commonly recur in relation to ~L.. cz yie'cia prvyci. a.y , artaGi.ouy LCl3u.l..L'li1C; %i18 remedies set out in this chapter. (b) Any property within the City of Tigard which becomes chronic nuisance property is in violation of this chapter and subject to its remedies. (c) Any person who is a responsible party for property which becomes a chronic nuisance property shall be in violation of this chapter and subject to its remedies. 7.42.040 Procedure. (a) To the extent that they do not conflict with the provisions of this chapter, the provisions of Chapter 1.16 of this Code shall govern the processing of infractions cited under this chapter. (b) In citing an infraction of this chapter, the Chief of Police shall perform the duties ascribed to the, code enforcement officer by Chapter 1.16. (c). For purposes. of providing notice under the provisions of Chapter 1.16 of this Code, an infraction of this chapter shall be considered a Class 1 infraction. (d) After two occurrences of any of the acts or behaviors listed in Section 7.42.020(b) of ORD NO. Page 3 of 7 this Code within a 60 day period, the Chief of Police shall provide notification of such in the manner described in subsection (f) of this section and Section 1.16.230. Such notification shall state the time and place of the alleged occurrences and the pvteiatiai penalty for vl.olation of this section. (e) In addition to the affidavit described in Section 1.16.230(c), 'a return receipt of registered mailing which indicates delivery of the summons and complaint to the defendant's last Iciown address, or a registered mailing which has been returned by the Post office "unclaimed" shall also create a rebuttable presumption that the defendant had the required notice. (f) A copy of the summons and complaint shall c'a 4.Sv Le ser eC on the owner and the owner ~'s agent, as shown on the tax rolls of the County, in the same manner as described in Section 1.16.230. (g) The failure of any person or owner to receive actual notice of the determination by the Chief of Police shall not invalidate or otherwise affect the proceedings under this chapter. (h) The Chief of Police shall send a copy of the notice to the City Administrator as well as any other documentation which he or she believes supports the imposition of the civil penalties described hereunder. The City Administrator may then authorize the City Attorney's office to commence civil proceedings in the municipal court for the imposition of the civil penalties described hereunder, and/or any such other relief as may be deemed appropriate. 7.42.050 Civil Penalty. Upon a finding that the infraction was committed by the respondent, the.hearings officer may: F711 (a) require that the property be closed and secured againt all use and occupancy for a period of not less than 30, but not more than 180, days; and/or ORD NO. Page 4 of 7 (b) assess a civil penalty not to exceed $500.00; and/or (c) employ any other remedy deemed by it to be appropriate to abate the nuisance. 7.42.060 Commencement of Actions; Burdens of Proof; Defenses; Mitictation of Civil Penalty. (a) It is a defense to an action brought pursuant to this chapter that. the responsible party at the time in qustion could not, in the exercise of reasonable care or diligence, determine that the property had become chronic nuisance property, or could not, in- spite of the exercise of reasonable care and diligence, control the conduct leading to the finding that the property is chronic nuisance nronerty. However, it is no defense under This subsection that the party was not at. the property at the time of the incidents leading to the chronic nuisance situation. (b) In assessing a civil penalty pursuant to this chapter, the hearings officer may consider any of the following factors, as they may be appropriate, and shall cite those found applicable: (1) The actions taken by the owner(s) to mitigate or correct the problem at the property; (2) The financial condition of the owner; (3) Whether the problem at the property was repeated or continuous; (4) The magnitude or gravity of the problem; (5) The cooperativeness of the owner(s) with the City in remedying the problem; (6) The cost to the City of investigating and correcting or attempting to correct the condition; (7) Any other factor deemed by the court to be relevant. ORD NO. ' Page 5 of 7 0 7.42.070 closure During Pendency of Action; Emergency Closures. In the event that the Chief of Police finds that a chronic nuisance property constitutes an immediate threat to the public safety and welfare, the City may apply to the hearings officer or any court of competent jurisdiction for such interim relief as is deemed by the City Administrator to be appropriate, and therein forego the citation requirements of this chapter. 7.42.080 Enforcement of Closure order; Casts; Civil Penalty. (a) The court may authorize the City to physically secure the property against use or occupancy in the event that the owner (s) fail to do so within the time specified by the court. In the event that the city is authorized to secure the property, all costs reasonably incurred by the City to effect a closure shall be made an assessment lien upon the property. As used in this subsection, "costs" mean those costs actually incurred by the City for the physical securing of the property, as well as tenant relocation costs given pursuant to subsection (b)(4) of this section. (1) The City Administrator shall thereafter submit a statement of costs to the court for its review. If no objection to the statement is made within the period prescribed by Oregon Rule of Civil Procedure 68, a certified copy of the statement, including a~ legal description of the property, shall be forwarded to the Office of the City Auditor who thereafter shall enter the same in the City's lien docket. (2) Liens imposed pursuant to this chapter shall be filed and docketed in the same manner prescribed by Section 1.16.370 of this Code. (3) Any person who is assessed the costs of closure and/or civil penalty pursuant to this chapter shall be personally liable for the payment thereof to the City. ORD NO. Page 6 of 7 (4) A tenant as defined by ORS 90.100(15) is entitled to their reasonable relocation costs as those are determined by the City, if without actual notice the tenant moved into the property after either: A. An owner(s) or agent received notice of the Chief of Police's determination pursuant to 7.42.040A; or B. An owner(s) or their agent received notice of an action brought pursuant to 7.42.050. C. Any person who is assessed the costs of closure and/or a civil penalty by the court shall be personally liable for the payment thereof to the City. 7.42.090 AttornevFees. In any action brought pursuant to this chapter, the court may, in its discretion, award reasonable attorneys fees to the prevailing party. 7.42.100 Severability. If any provision of this Chapter, or its application to any person, or circumstance is held to be invalid for any reason, the remainder of the Chapter, or the application of its provisions to other persons or circumstances shall not in any way be affected. SECTION 2. WHEREAS, the City Council finds that repeated disruptive behavior on certain properties is causing a threat to public health, safety and welfare, and that such behavior requires an immediate response, said council hereby declares that an emergency exists and that this- ordinance shall be effective upon passage. PASSED: By vote of all Council members present after being read by number and title only, this. day of , 1994. Catherine Wheatley, City Recorder ORD NO. _ Page 7 of 7 0 APPROVED: This _ day of , 1994. Jack Schwab, Mayor Approved as to form: City Attorney DATE: *w\tiprd\nuisance.ord O:RD NO. Page 8-of 7 5110194 - Rgenda Item s.7 1 of 2 08/21/96 _ i ~r i i I r i I i ili i I I ~ il~lilrl.rli i Ili i[r ililili i i~i~i .ilil.i .i l~li Nile ~i ►lllil ~!f► ► ►lilili flif~ ~ tl►llli ilili t iiri l.i~ililili t l~i►I~i I I I I l I I I...I I I- I,I_ I -L, I I.: ~ I ~ ~ . ; - IMCN MAO[ N dINA e ~~i - - ~ I~ii6m~uuliiu~iiiilummd~mi~iiii~ui uuhuoiiiihm milimimilualuuhmliiii6oiluldim~iuduulihiluulmdmiluihuuiudiiumulim~uuhiuuiiilmi~mduu uilimoudoii~iiiilim~mduu~iudipi iuilii Tfom~ L.I ~I~(~~~lfl.f ~ ~ ~ , ( i i ; . ~ . ulumuulum - - _ ,I a IMCN Y l i ~ a, _ 1'~ulim~uuluufmiliii COMPREHENSIVE PLAN TRANSPORTATION MAP NOTES 1. Scholls Perry Road to be realigned to,connect'with; Davies Road. 2. Extend Gaarde Street vest and north fros'SW 121st'8venne to connect with Aa]smt Street at a poi 300 feet to 400 feet ' east of SR 132nd avenue. Direct driveway access shall be "prohibited along~,iGaaide Street', extension and roadway " connections shall be kept to a mutimn. The width o! the ' street nay be reduced below the standards for major collector' streets where tars lanes are not required. _ 3 i roximate alig~ents are shoves for the extensions of 132nd A . pp bvenue south ''of Benahviev Terrace, 135th Avenue sotrth of Waltmt Street, and Bemchviev Terrace vest o! 132nd Avenue. These streets are to'be designed as minor collectors with a _ design speed bf'9.5 m.p.h. 4. 'Study, area to determine the config~n'ation of a new cowtectioa between sonthboand Pacific Highway and Haiut Street. 5. _ _'.S._ ~ ~ azea to de*a*~~*a' be aligmiettt of a minor collector' street Ming 68th"Parkway near Red Rock Creek with the: " Dartmont6 Street extension: and with Haapton Street, at 72nd llveune with the Dartmouth Street eztensiom within the vestesly portion of the Tigard Triangle. ~ ' 6. r 4 Study area to.detPtiTM' the alignment of connections between' Highway 217, RraseG.Uay, I 5 and theTlgard Triangle. ~ t, , 1 7. Connections betr~reen'TM~^~;tp~ Street, ..Hall Boulevard at O'!lara - ~ 'Street-(generally):and Bonita Read. _ 8. Study area to consider extension of half'Bonlevard soathwatd' to connect with Boones Perry Road in Tualatut for either - ' pedestrian or vehicular'access. ~ 1 i 9.' ! A local street connection from 100th Avenue to 109th Avenue _ inter'sectin9 100th Avenue either-at Battler Street or at a' _ - point at least 100 Peet tYrom the existing Battler Street :intersection. 10. An extension and realignment of 109th Avenue south of the: , . ~ ~ Battler Street extensice, to intersect ::Pacific Highway at Royalty Pazkway. The realigned 109th Avenue shall intersect. Naeve Street at a point approximately. 250 feet to 450 feet; east of Pacific Highway. ' i", . ri i _ 08/21/96 iit riiiliriiri'I:~Iiii.r~~ri!. rii!!iIr!iiilil!!I!{iiililil.lllilllir!(!~iililiiill~~ii~ih _ , IIL~I,II III~II IL,I~II,.,ILI~I III~I.I. .I , L.~ ~ Ji .'r-~- iu uuliiii iu6mliiiilimloulummlim iiiiluuuiihiuluidim~uuluuliuilumimliiii~u~ihiii uiduu uiilim~mihm iiihmiuViiipuiluu uiilmi uuhm uduii iiiillm - ~:r 4`.~ "~V"~ ..r I / ` e' , ALIGNMENT I~ [1 ~ ~T--' a~-t i y - m 4J I ~ i' Ill t _~~RRA~E, GREEtiLEA~~"'~ a~