City Council Packet - 04/25/1995
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Revised 4/19/95
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PUBLIC NOTICE. Anyone wishing to speak on an agenda item should sign on the `
appropriate sign-up sheet(s). If no sheet is available, ask to be recognized by the Mayor
at the beginning of that agenda item. Visitor's Agenda items are asked to be two minutes €
or less- .Longer matters can be set for a future Agenda by contacting either the Mayor or ;
the City Administrator. `
Times noted are estimated: it is recommended that persons interested in testifying be
present by 7:75 p.m. to sign in on the testimony sign-in sheet. since coda items
ran tt3e In r 7.30 -m
' Assistive Listening Devices are available for persons with Impaired hearing and should
be scheduled for Council meetings by noon on the Monday prior to the Council meeting.
Please call 539-4777, Ext. 309 (voice) or 634-2772 (TDD - Telecommunications Devices
for the Deaf)o
Upon request, the City will also endeavor to arrange for the following services.
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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.
639-4779, Ext. 309 (voice) or 634-2772 (fDD - Telecommunications Devices for the Dean.
SEE ATTACHED AGM DA
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COUNCIL AGENDA - APRIL 25, 1995 - PAGE 1.
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R~ CITY COUNCIL MEETING
AI 8911- 25, 1995
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AGENDA
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6:30 PM
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STUDY MEETING
Executive Session: The Tigard City Council may go into Executive
Session under the provisions of ORS 192.660 (1) (d), (e), & (h) to discuss
-1 labor relations, real property transactions, current and pending litigation`
issues. As you are aware, all discussions within this session are
confidential; therefore, nothing from this meeting may be disclosed by those
i present. Representatives of the news media are allowed to attend this
session, but must not disclose information discussed during this session.
II Solid Waste Haulers Annual Report Review (Discussion continued from
.9 the April 18, 1995 Council Meeting:
Review Council Policy 5
E_
M-..:w... AKwrw.+d:. ®w.,..wr.oA:w... ry_~_-. 2.. tl l... .1 `u m'
{ e-icsvlvw t,lcvlllauwaG rrvg6116A11 I1~ b-1 L,811'1 9-C9Fi'i9114kS~tS 1479 -iAtAlola
Consider Calling a Public Bearing if Rate Increase is Considered to
be an Option
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v ' Agenda Review
7:30 PM
1 1. BUSINESS MEETING
1.1 Call to Order -City Council & Local Contract Review Board
- 1.2 Roll Call
1.3 Pledge of Allegiance
a 1.4 Council Communications/Liaison Reports
1.5 Call to Council and Staff for Non-Agenda Items
7:35 PM
2. CaREENBURG/217 PROJECT UPDATE (IVISTIP 2)
. Washington County ~
1 7:45 PM
3. VISITOR'S AGENDA (Iwo Minutes or Less, Please)
COUNCIL AGENDA - APRIL 25, 1995 - PANE 2
1 7:55 PM
j 4. CONSENT AGENDA: These items are considered to be routine and may be
enacted In one motion without separate discussion. Anyone may request that an
Item be removed by motion for discussion and separate action. Motion to: f
4.1 Approve Council Minutes: April 11, 1995 r.
4.2 Request Senate Bill 588 be Changed to Puke Owner Consent a Local
Option Rather than a State Mandate - Resolution No. 957~
4.3 Local Contract Review Board:
a. Accept Quote from Mather & Sons, Pumps Incorporated and Other
Vendors as Necessary to Complete the Well #2 and Well #3
Maintenance Program
b. Authorize City Engineer to Advertise for Bids to Construct the Bonita
Road and Bull Mountain Road Projects
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ftm aamgmW for %par&e Dismission Any Rem
X11 be cawd&W Im a Council has voted on those
whim do not nftd discussion
8:05 PM
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5. PUBLIC HEARING (QUASI-JUDICIAL) - SITE DEVELOPMENT REVIEW (SDR) i^
91-0005/VARIANCE (VAR) 91-WIO €'JOLAN/ REND
CITY ATTORNEY RAMIS RECEIVED A REQUEST FOR A 30-DAY CONTINUANCE
FROM E DO LAN LEGAL. COUNSEL.. R. RAMIS RECOMMENDS THE
1 REQUEST BEGRANTED. IT IS ANTICIPATED THAT HIS HEARING ITEM WILL
BE SET OVER, BY COUNCIL MOTION, TO MAY 23, 1 5.
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To Consider the U.S. Supreme Court remand of conditions related to the I_
dedication of property for floodplain management and a bikepath relating to the
determination of the rough proportionality of those requirements. LOCATION:
12520 SW Main Street (WCTM 2S1 2AC, tax lot 700). APPLICABLE REVIEW
+ CRITERIA: Community Development Code Chapters 18.32, 18.66, 18.86, 18.100,
18.102, 18.106, 18.108, 18.114, 18.120, 18.134 and 18.164; the Parks Master Plan
for Fanno Creek, and the City of Tigard Master Drainage Plan. ZONE: CBD
(Central Business District). The Central Business District zone allows public
administrative agencies, cuttural exhibits and library services, parking facilities,
public safety services, religious assemblies, and a variety of commercial and
service, activities, among other uses.
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a. Open Public Tearing
b. Consider Motion: Continue hearing to the May 23, 1995 Council
meeting in response to request from Dolan legal counsel.
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COUNCIL AGENDA - APRIL 259 1995 - PAGE 3
6. PUBLIC HEARING (QUASI-JUDICIAL.) - ZONE CHANGE ANNEXATION (ZCA
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95-0002) FUDGE t- A request to annex four parcels of land containing 5.68 acres
to the City of Tigard and to change the zone from Washington County R-5 to f
! Tigard R-4.5. LOCATION: South of Gaarde Street and East of SW 117th Avenue.
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APPLICABLE REVIEW CRITERIA: Comprehensive Plan Policies 2 and 10;
Community Development Code Chapters 18.136 and 18.135. ZONE: Currently ~
in Washington County R-5.
8:15 P.M. a. Open Public Bearing
b. Declarations or Challenges
C. Staff Report - Community Development Department
8:25 p.m. d. Public Testimony (Please limit testimony to 10
minutes per person.)
- Applicant f
- Proponents (Support the Annexation Request)
- Opponents (Oppose the Annexation Request)
- Rebuttal
8:40 p.m. e. Staff Recommendation
6:45 p.m. f. Council Questions !
9:00 P.M. g. Close Public Bearing r
9:05 p.m. h. Council Comments & Gonsideration: Resolution No.
' 95-_ and Ordinance No. 95---
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9:15 PM
7. CONSIDER PROHIBITING PARKING ON CANTERBURY NE NEAR PACIFIC f
HIGHWAY - ORDINANCE NO. 95-- .
' City Engineer
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9:25 PM
8. CONSIDER PARKING RESTRICTIONS ON SV'i 109TH AVENUE - ORDINANCE
NO-. 95-° City Engineer
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9:35 PM
9. NON-AGENDA ITEMS
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9:45 PM
10. EXECUTIVE SESSION: The Tigard City Council may go into Executive Session
under the provisions of ORS 192.660 (1) (d), (d), & (h) to discuss labor relations,
real property transactions, current and pending litigation issues. As you are aware,
all discussions within this session are confidential; therefore nothing from this
meeting may be disclosed by those present. Representatives of the news media
are allowed to attend this session, but must not disclose any information discussed
during this session.
10:15 PM
11. ADJOURNMENT
j .95
COUNCIL AGENDA - APRIL 25, 1995 - PAGE 4
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Council Agenda Item 3 ! f
l IGARD CITY QQ_U ICIL
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MEETINGS MINUTES - APRIL 25, 1995
• Meeting was called to order at 6:35 p.m. by Mayor James Nicoli.
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1. BD„L L CAL_I_ i
Council Present: Mayor Jim Nicoll; Councilors Wendi Conover Hawley, Paul Hunt,
Bob Rohif, and Ken Scheckla. Staff Present: Bill Monahan, City Administrator;
`j Wayne Lowry, Finance Director; Loreen Mills, Management Analyst; Liz Newton, i
Community Involvement Coordinator; .lira Coleman, Legal Counsel; Ray Vaione,
Assistant Planner; Ed Wegner, Maintenance Services Director; Catherine Wheatley,
City Recorder; and Randy Wooley, City Engineer.
The Tigard City Council went into Executive Session at 6:35 p.m. under the provisions of
ORS 192.E (1) (d), (e), & (h) to discuss labor relations, real property transactions,
current and pending litigation issues.
Executive Session recessed at 7:10 p.m.
- STUQY SES~If3N
Solid Waste Mauler's Annual Flees:
Management Analyst Mills distributed to Council a chart showing the residential rate
change depending on a rate of return policy implementation plan chosen by Council. In
addition, she distributed a second chart which was a solid waste rate/service comparison
(in effect April, 1995).
Mayor Nicoli summarized what he believed to be the issues before Council:
1. Review whether to continue with the solid waste policy with regard to rate
of return for the franchise haulers.
2. Whether to apply any increase to residential and commercial with the notion
that commercial would continue to subsidize residential. t
3. Start up a Nos. 1 to 7 plastics recycling service at curbside.
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CITY COUNCIL MEETING MINUTES - APRIL 25, 1995 - PAGE 1
4. Haulers have presented information that since the first of the year they have F
incurred additional costs and they are experiencing an increase in costs.
5. Concerns expressed earlier by Council with regard to whether there should
be an efficiency review of the haulers.
6. Review of how customer complaints are handled.
'i 7. Review of whether or not an additional service for fee be added pickup k
from the sideyards. t
6. What things could the City do to help with efficiency?
Mayor Nicoli advised it was his understanding that the only thing that was needed to be
! done by: the end of May was to conduct a rate hearing.
r ccim-kia noted it was his intention to be fair to the haulers; however, he I .
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advised he would like to see information on how much loss there had been on the
collection of the recyclables. In addition he would like to have cost information with ,
regard to the addition of services (plastic recycling).
i mayor Nicoli referred to the standing policy which has been adhered to in the past. !
Councilor Hunt questioned whether the haulers allowed enough time to pass to accurately
determine what costs would be on some recyclables. He advised he would not want to
make a rate change only to have to consider raising the rate again in the near future.
Mr. Miller, representing the haulers, advised the report was based on calculations for the
last year. He noted the haulers were not able to charge for yard debris service until this
service was available. He advised that implementation of curbside plastic recycling could
be implemented with little or no capital investment.
Councilor Rohlf suggested that the Council proceed with a rate review public hearing with
recycling plastics at curbside. At a later time the policy and other issues with the haulers
could be reviewed. He advised that at a later date he would expect the policy to be
i formalized by Council action (i.e., a resolution) other than continuing with the informal
policy.
Mayor Nicoli noted that most of the rate increases in the past have been due to the
increase of Metro dumping fees. It appears those fees have leveled off. He noted future
1 cost increases will most likely be due to inflation.
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j CITY COUNCIL MEETING MINUTES - APRIL 25, 1995 - RAGE 2 ~ .
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Discussion followed. It was noted that it may be necessary to have a rate adjustment
every year. Councilor Rohlf also suggested the residential/commercial subsidies be
reviewed at a later time. He suggested that any change in rates could possibly be ~
j phased in over a period of time. It was noted these rates would probably be evaluated
during the next annual rate review time.
After discussion, Councilor Rohl€ clarified that he would expect during this first public
hearing and rate review, that the ratio between commercial and residential would be .
a maintained and curbside plastics recycling would be added in. Mr. Miller advised that
- curbside pickup of plastics would strictly be a residential service. Councilor hunt advised s
he disagreed with one point suggested by Councilor Rohlf; he was not sure he was in
favor of any increase for commercial; he would rather see the increase go to residential.
He requested that this issue be left on the table.2-
Staff advised they could bring both proposals to the hearing one that showed an
increase to residential only, and the other which would show an increase to commercial =
and residential with the ratio of subsidy of commercial to residential being left in.
After a brief discussion, Council decided that the rate hearing for solid waste fees would r
be conducted on May 16. In addition, the Tualatin Malley Water District would be invited
to talk with Council about water issues on that evening as well.
Chamber of Commerce - First Niter Dinner
in the past, the City has sponsored Councilors and spouses who could attend the
Chamber of Commerce First Miter Dinner. Councilors were asked to contact staff if they
were planning to attend.
Council meeting recessed at 7:28 p.m.
Council meeting convened at 7;35 p.m.
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BUSINESS MEETING
2. GREENBURG/217 PROJECT UPDATE (MSTIP 2)
Greg Miller from Washington County advised that a widening project for the
Greenburg overpass and off-ramp to Highway 217 will soon be underway. This
will be done through an intergovernmental agreement among the City, State and
County. Construction is expected to occur in 1997-1998. This project will tie in
well with another project funded by Metro on Greenburg Road.
CITY COUNCIL MEETING MINUTES APRIL 25, 1995 - PAGE 3
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3. VISITOR'S AGENDA
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Jack Polans, 16000 SW (wean Victoria Place, Ding City, Oregon, 97224,
expressed concerns with manner of wetland mitigation for the Martin
j property located in the Triangle. Mayor Nicoli advised Mr. Polans his
concerns should have been brought up during the public hearing process.
No building can be done until permits for wetland mitigation with proper
agencies are obtained.
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Mr. Volans also expressed concerns with the solid waste discussion which
# occurred during the study session and the profit margin percentage
9 requested by haulers.
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• Chris Garstick testified with concerns that the 130th/Winteriake connection
• was again being discussed at a CiT meeting. She read a statement and r
a asked for assurances that this statement, after it is read for the CITs, be
forwarded to the City council. City Administrator Monahan assured Ms. E
Garstick that this message would be forwarded to the City Council.
4. CONSENT AGENDA:
Councilor Hurt requested that Item 4.2 be removed for separate consideration.
{ Mr. Jack Polans requested that Item 4.3(s) be removed for separate consideration.
Motion by Councilor Scheckla, seconded by Councilor Hawley, to approve the
Consent Agenda, minus items 4.2 and 43(a), as presented.
41 Approve Council Minutes: April 11, 1995
4.3
b. Authorize City Engineer to Advertise for Bids to Construct the Bonita
Road and Bull Mountain Road Projects
Motion was approved by unanimous vote of Council present. (Mayor lgicoli and
Councilors Hawley, Hunt, Rohff, and Scheckla voted "yes.")
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4.2 Request Senate Bill 588 be Changed to Fake Owner Consent a Local
' Option Rather than a Mate Mandate
The proposal before Council was to adopt a resolution requesting that Senate Bill
588 be changed to make owner consent a local option rather than a State
i mandate with regard to designation of historical preservation sites. Councilor Hunt
. CITY COUNCIL MEETING MINUTES - APRIL 25, 1995 - PAGE 4
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' advised he did not think any property should be designated as historically k
significant without owner's consent; therefore, he did not believe that local
jurisdictions should be given this control.
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City Administrator Monahan advised the Tigard Community Development Code as
presently written does not require the owner's consent for historic site designation. . '
Senate Bill 588 would remove Tigard's and other local governments' authority to
designate properties as historically significant without owner consent.
{ Mayor Nicoli noted he was in favor of Senate Bill 588. He agreed the government
should not be able to designate property without owner consent. 4
City Administrator Monahan noted the Preservation League of Oregon has asked
us to consider their alternate language.
Councilor Hawley referred to the work being done by the Tree Task Force. The
Task Force may recommend that historic trees be designated. She advised she
would not want to preempt the ability to designate historic trees, regardless of
ownership. She acknowledged that the balance of the public good and individual 1
rights will be an issue to debate.
Councilor Rohlf called attention to the fact that the proposed resolution would be f
advisory to the state government. Councilor Hawley advised she would like to -
support the staff position for more local control, and would like adoption of the
resolution. Councilor Scheckia advised he agreed with Councilor Hawley, noting
there only a few historic places left. Councilor Rohlf advised if it was a choice
between whether the local government had a chance to say whether or not
{ designation without owner consent would occur, he would rather have the local
government involved.
! Motion by Councilor Hawley, seconded by Councilor Rohlf, to adopt Resolution
No. 95-19.
RESOLUTION NO. 95-19 - A RESOLUTION REQUESTING THAT SENATE SILL
588 BE MODIFIED TO GIVE LOCAL GOVERNMENTS A LOCAL OPTION
REGARDING OWNER CONSENT TO HISTORIC DESIGNATION Y
Motion passed by a majority vote of Council present. (Councilors Hawley, Rohlf,
and Scheckla voted "yes;" Mayor Nicoli and Councilor Hunt voted "no.")
4.3(a) Accept Quote from Mather & Sons, Pumps Incorporated and Other Vendors i
as Necessary to Complete the Well 2 and Well #3 maintenance Program.
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Mr. Jack Polans raised concerns with regard to whether these pumps should be
CITY COUNCIL. MEETING MINUTES - APRIL 25, 1995 - PAGE 5
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repairedd or whether it would be more cost effective to replace.
Maintenance Services Director Wagnr r advised he had met with Mr. Polans earlier
and described the work that needed to be done. Mr. Wegner noted he felt
comfortable with the quotes received. If, upon inspection, it appeared that a new
pump would be needed, staff would come back to City Council for authorization
to replace the pump. It was rioted the Intergovernmental Agency and Tigard Water
District all have reviewed this course of action and are in agreement that it should
be dune.
Motion by Councilor Hunt, seconded by Councilor Rohlf, to approve Item 4.3(a) i
as presented.
Motion was approved by unanimous vote of Council present. (Mayor Nicoli and
Councilors Fawley, hunt, Rohff, and Scheckla voted "yes.")
5. PUBLIC HEARING (QUASWUDICIAL) - SITE DEVELOPMENT €TEVIEW (SDR) 91-
- 0005/a✓ARIANCE (VAR) 91-0010 DOI.AN/MENDEZ
CITY ATTORNEY RAMIS RECEIVED A REQUEST" FOR A 30-DAY CONTINUANCE I
FROM T HE DOLAN LEGAL COUNSEL. MR. RAMIE RECOMMENDS THE
' REQUEST BE GRANTED. IT IS ANTICIPATED THAT THIS HEARING ITEM WILL
i BE SET OVER, BY COUNCIL MOTION, TO MAY 23, 1995. r
To Consider the U.S. Supreme Court remand of conditions related to the
dedication of property for floodplain management and a bikepath relating to the
determination of the rough proportionality of those requirements. LOCATION:
12520 SW Main Street (1WCTM 2S1 2AC, tax lot 7®0). APPLICABLE REVIEW!
CRITERIA: Community Development Code Chapters 18.32, 18.55, 18.86, 15.100, F
18.102, 18.108, 18.108, 18.11 4, 18.120,18.134 and 18.1 64; the Parks Master Plan
for Fanno Creek, and the City of Tigard Master Drainage Plan. ZONE: CBD
(Central Business District). The Central Business District zone allows public
administrative agencies, cultural exhibits and library services, parking facilities,
public safety services, religious assemblies, and 'a variety of commercial and
service activities, among other uses.
City Administrator Monahan advised that this public-- hearing is the consideration
of the Dolan Supreme Court remand. He noted that the City has been discussing
the terms of the remand, as well as other issues with the parties involved. ale
advised that originally this hearing was scheduled for March, writh a request by the
3 Dolans for a thirty-day delay to April. Another request for delay was received from
Dolans' legal counsel to provide time to continue to work on issues. It was
recommended the hearing be opened and continued to May 23, 1995. Mr.
Monahan referred to the significant notice requirements. By continuing the hearing
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C1TY COUNCIL MEETING MINUTES -APRIL 25, 1985 - PAt°aE S
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to May 23, 1995, re-notification would not be necessary.
a. Public hearing was opened.
b. Motion by Councilor Rohlf, seconded by Councilor Hunt, to continue the k
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hearing to the requested date of May 23, 1995.
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C. Motion was approved by unanimous vote of Council present. (Mayor Nicoll
' and Councilors Hawley, Hunt, Rohlf, and Scheckla voted "yes.")
J 6. PUBLIC HEARING (QUASI-JUDICIAL) - ZONE CHANGE ANNEXATION (ZCA 95- k
j 0002) FUDGE ® A request to annex four parcels of land containing 5.68 acres to
the City of Tigard and to change the zone from Washington County R-5 to Tigard
R-4.5. LOCATION: South of Gaarde Street and East of SW 117th Avenue.
APPLICABLE REVIEW CRITERIA: Comprehensive Flan Policies 2 and 10;
Community Development Code Chapters 18.136 and 18.138. ZONE: Currently
in Washington County R-5.
a. Public hearing was opened.
b. Declarations or Challenges. 6
j Mayor Nicoli read the following statements:
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Do any members of Council wish to report any ex pane contact or
information gained outside the hearing, including any site visits? (None
were reported.)
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j Have all members familiarized themselves with the application? (All Council
members indicated they had familiarized themselves with the application.)
Are there any challenges from the audience pertaining to the Council's
jurisdiction to hear this matter or is there a challenge on the participation of
any member of the Council? (There were no challenges.)
C. Staff Report - Community Development Department
Assistant Planner Valone presented the staff report. The proposed
annexation consists of territory comprised of four parcels of land totalling f
I 5.68 acres which are contiguous to the City of Tigard. The applicants
request annexation in order to be eligible for sanitary sewer service.
Because the territory is designated within Tigard's active planning area and
has already been assigned a Comprehensive Plan designation of low
CITY COUNCIL MEETING MINUTES -APRIL 25, 1985 -PAGE 7
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density residential, the City Council only needs to assign a Tigard zone
designation to the property. The proposed resolution initiates annexation
and the proposed ordinance changes the zone designation from
Washington County R-5 to R-4.5.
Mr. Valone advised that one property, identified as Parcel a on the map,
a has been included in the annexation proposal without the owner's consent, E '
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because of its location. It is surrounded by, and depends upon Parcel B,
for its access. Efficient use of facilities and services are the primary reasons
for Its inclusion. City staff preferred to have Parcel A be part of the
annexation proposal. The Police Department, in particular, wants the parcel
} to be included with the annexation because of the confusion involved during"
a Police response if it is left out.
d. Public testimony.
" Mayor Nicoli read the following statement:
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For all those wishing to testify, please be aware that failure to raise an issue
with sufficient specificity to afford the Council and parties an opportunity to
s respond to the issue will preclude an appeal to the Land Use Board of E .
Appeals on this issue. Testimony and evidence must be directed toward ~
the criteria that staff will describe or other criteria in the plan or land use
regulation which you believe apply to the decision.
Applicant:
` - Brad Fudge noted he lived "on the edge of Tigard" and wants to
annex to the City. He advised he is already using the services
offered by the City, including parks and library, and feels he should
pay for there if he is using them. He noted that in order to access
his government agency, tie now must travel to Millsboro and would
prefer to be able to go to Tigard. He also advised he would like to
a have sewer. He rioted he was not in any hurry to develop his
property, however, if he is going to be part of Tigard, he should be
in the City. Mr. Fudge advised that If Parcel A was not approved, it
would not matter to him.
In response to a question from Councilor Rohlf, staff advised the
current ordinance states that parcels outside the City could not be
asked to participate in a reimbursement district.
CITY COUNCIL MEEIINC MINUTES - APRIL. 25, 1995 - PACE S
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Opponent:
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• minds Quandt, 14165 SW 115th Avenue, Tigard, Oregon, owner of t'
the property identified as "Parcel A," advised she protested the
i annexation to the City without consent. Ms. Quandt also submitted
a letter which is on file with the Council packet material. Ms. Quandt
noted she would not object coming into the City if the rest of the t
surrounding properties also annexed.
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e. Staff Recommendation: r
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Staff, recommended that the City Council forward the proposal as written to f .
the Boundary Commission for review. Staff: also recommended the Council
approve the ordinance, changing the zone.
f. Public hearing was closed.
` g. Council Questions and Consideration: i
Councilor Hawley asked about the application fee. The rust of this
annexation application was $550. If Parcel A annexed by itself, the cost
would be $215. Mr. Valone advised a rate increase for applications would
go into effect July 1, 1995.
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1 touring fur*sher Council discussion, it was noted that there is a road
maintenance agreement and easement off of Gaarde to access Parcel A.
Mr. Fudge advised this easement would be maintained because the parcel
needed to have access; however, the easement location could be changed.
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There was discussion on ownership of the various lots in the proposal and
associated easements.
Councilor Rohif asked whether Mr. Fudge would consider exempting the
Quandt property for any future sewer reimbursement districts. Mr. Fudge
j responded "no," that he would want to get paid for the sewer if he installed
a line.
Council then discussed the policy on annerdng islands. It was noted that
in the past, some Council members had concerns with forced annexation.
Mayor Nicoli noted ccncems with leaving Parcel A out of the annexation
because of problems for the Police Department.
~ - ClT`d' CClINCtL MEETING MINUTES -APRIL 25, 19g5 - PAGE 9 :
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Councilor Hunt noted if Council approved this action forcing Parcel A to is
come into the City, then this would be inconsistent vidh the policy on island
annexation. He advised that although it would appear inconsistent from his
previous action, he would vote against the proposal.
Mayor Nic oli advised his recollection of Council policy on island annexation
differed from Councilor Hunt's that the decision Council made was
whether or not the entire Walnut island area would be drought in. He
thought this did not preclude individual properties from being brought into
the City.
Associate Planner Malone advised that the proposal before City Council at
this hearing was a "double majority" annexation. This type of annexation
has, in the past, been viewed by the Boundary Commission differently (arid
generally, more favorably) from a "forced" island annexation. ;
Councilor Rohlf referred to concerns with reimbursement districts. He noted
he would prefer to leave Parcel A out of the recommended annexation
proposal to be forwarded to the Boundary Commission. 'r
Councilor Scheckla also agreed that Parcel A should be left out. He
referred to the map, noting that a similar island was located nearby. He
questioned why service delivery concerns had not been presented G
previously to Council by staff.
Councilor Hawley asked that if Parcel A was left out of the proposal, would
this jeopardize the approval of the rest of the annexation? Mr. Valone
responded that the Boundary Commission could choose to modify and
include Parcel A. It was unlikely the request would be denied if Parcel A
j was left out. In addition, Mr. Valone advised that since the proposal v.Qas
received at City Hall, three additional parcels to the west indicated they vt+ill
i join in at the Boundary Commission level and ask to be added into the City. f
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Further questions followed with regard to Boundary Commission
consideration and policy.
h. M431,90n by Councilor Rohlf, seconded by Councilor Hawley, to adopt
Resolution No. 95-20 and Ordinance No. 954)6 as amended to delete Parcel
A; Parcels B, C, and D would comprise the annexation proposal..
i. RESOLUTION NO. 95-20 - A RESOLU11ON INITIATING ANNEXATION TO
THE CITY OF TIGARD OF THE TERRITORY AS DESCRIBED IN EXHIBIT
"A" AND ILLUSTRATED IN EXHIBIT "B- (ZCA 95-0002).
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' CITY COUNCIL MEETING MINUTES - APRIL 25, 1995 - WAGE 10
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ORDINANCE NO. 95-07 - AN ORDINANCE ADOPTING FINDINGS AND
CONCLUSIONS TO APPROVE A ZONE CHANGE AND DECLARING AN
EFFECTIVE DATE (ZCA 95-0002).
Motion was approved by a majority vote of Council present. (Councilors
Hunt, Rohlf, and Scheckla voted Oyes," Mayor Nicoll and Councilor Hawley
voted "no.")
7. CONSIDER PROHIBITING PARKING ON CANTERBURY LANE NEAR PACIFIC
HIGHWAY ` . '
City Engineer Wooley reviewed the staff report. Currently parking is prohibited on
north side of Canterbury Lane, but allowed on the south side. Citizens complain
the south side parking is a problem near Pacific Highway. When the traffic signal ~
was installed on Pacific Highway at Canterbury, a left turn lane was added on the
Canterbury approach to the intersection. yliith the left turn lane markings, there is
no longer sufficient room for parking on Canterbury near the intersection.
Recently, vehicles from the adjoining apartments have occasionally caused some
problems in the area near the intersection. The proposed ordinance would correct f
this situation by prohibiting parking in the area of tie turn lane.
a Motion by Councilor Hawley, seconded by Councilor Rohtf, to adopt Ordinance i
No. 95-07.
- ORDINANCE NO. 95-07 - AN ORDINANCE AMENDING TMC 10.29.150 BY
ADDING PORTIONS OF SW CANTERBURY LANE WHERE PARKING IS
PROHIBITED.
Motion was approved by unanimous vote of Council present. (Mayor Nicoll and
Councilors Hawley, Hunt, Rohif, and Scheckla voted "yes-n)
8. CONSIDER PARKING RESTRICTIONS ON SW 109TH AVENUE
City Engineer Wooley reviewed the staff report. Parking restrictions were
- ' requested by Jill Coon, manager of the Panorama West/Canterbury Apartments.
The restrictions would be in the area of a sharp curve in 109th Avenue south of i,
Canterbury Lane. The letter on file indicates the request is supported by the
managers of all the adjoining apartment complexes. In addition, notice of the
proposed parking restrictions was sent to owners of record of the apartments and
the remaining undeveloped parcel abutting the curve.
As with other areas of apartment development, on-street parking has increased in
s the 109th area in recent years. Both Engineering and Police Departments have
$ CITY COUNCIL MEETING MINUTES - APRIL 25, 1995 - PAGE 11
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received camis of concern regarding safety at the curve when vehicles are parked
along both sides of the street. The proposed parking restrictions will alleviate E
these concerns. The restrictions appear to be supported by these responsible for
the adjoining property.
In response to a question from Councilor Hunt, City Engineer Wooley advised that
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these areas would be impacted with additional traffic, once the Triad development
was completed. r
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' Motion by Councilor Hawley, seconded by Councilor Rohlf, to approve Ordinance
No. 95-03.
ORDINANCE NO. 95-03 - AN ORDINANCE AMENDING TMC 10.25.130 BY ~
s ADDING PORTIONS OF SW 109TH AVENUE WHERE PARKING IS PROHIBITED.
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Motion was approved by unanimous vote of Council present. (Mayor Nicoli and t
Councilors Hawley, Hunt, Rohlf, and Scheckla voted "yes.")
9. NON-AGENDA ITEMS
9.1 Trans rtation impact Pe2aiMl 1
,r Mayor Nicoli advised he suggested at the last WCCCA meeting that he had two
recommendations for changes to Transportation Impact Pees (TIF):
County ordinance requires that local governments charge themselves a TIP
fee. it doesn't appear that anyone has collected such fees and he
suggested the ordinance be changed to reflect practice. Council
consensus was to approve.
• Suggested that cities not charge schools TIP fees, noting the service
schools provide; i.e., act as parks and use of facilities. Discussion on pros
and cons of this proposal followed. "Pros" included:
good relationship further enhanced between City and School
District,
• would not be very costly to Tigard.
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APRIL
Cn Y COUNCIL MEETING MINUTES - 25, 1995 -PAGE 12
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"Cons" included:
money for improvements must come from somewhere and
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schools impact the need for road improvements because of
traffic they generate. (Recent school needs cited were the
Grant Avenue sidevialk and 79th/Durham signal.)
9.2 Cga; Tax VeF~icla Realst ation l=e
City Administrator Monahan advised that the legislature may be considering
a transportation package on a gas tax and an increase in vehicle E
} registration fees. The gas tax would provide dollars for new street and road
i projects; without this funding, there will be no money available for new e
projects for the next four years. The vehicle registration fee Will be used for
mass transit.
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Council broke this down into three issues:
Majority of Council supported that the bill should be brought to the
floor for debate. (Mayor Nicoli and Councilors Hawley and Hunt ;
voted "yes;* Councilors Rohif and Scheckla voted "no.")_
Majority of Council did not support the 2-cent gas tax increase.
(Mayor Nicoll and Councilor Hunt voted "yes; Councilors Hawley, [
Rohif and Scheckla voted "no.")
All of Council did not support the mass transit portion of the
proposal.
ADJOURNMENT: 9:17 p.m.
Attest: Catherine Wheatley, City Recor r t
` or, City of cgard
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Date: l ~l~ f
c=0425.95
CITY COUNCIL MEETING MINUTES - APRIL 25, 199 s - PAGE 13
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COMMUNITY NEWSPAPERS9 IN C. Legal
P.O. BOX 370 PHONE (503) 684-0360 Notic®T T $15 [z 1
BEAVERTON, OREGON 97075
Legal Notice Advertising
®City of Tigard a i3 Tearsheat Notice PR 17 1995
13125 SW Hall Blvd. OF TIGAR
*Tigard,Oregon 97223 a ® Duplicate Affidavit i
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AFFIDAVIT OF PUBLICATION
STATE OF OREGON, COUNTY OF WASHINGTON, ) '
Kathy Snyder
j being first duly sworn, depose and say. that I am the Advertising i
Director, or his principal cleric, of theT yard-Tualatin Times
a newspaper of general circulation as defined in ORS 193.010
and 193.020; published at Ticrard in the
aforesaid county, and state; that the
Hearinc-site Develap Q1-0005 Dolan/Mezclez
a printed copy of which is hereto annexed, was published in the
entire issue of said newspaper for ONE successive and
` consecutive in the following issues:
April 13,1995.
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Subscribed and sworn to ore me this' 31-day of A= r, 1,19,9 i µ
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Notary P is for Oregon
tifly Commission Expires: `
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AFFID"IT -
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id, Orego' n 97223. Further infca> °.F 'It
mtiy bt rb ,z z ~I~n3 ai.,z r ummunlt -1?e'relti ment DirCCtOr (14 _
Rc ors at 10,L;L+d,A n by caiting,(5033) 639-4171 Yom, an,.
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P.O. BOX 370 PHONE (503) 684-0360 NoticeTT 817 0
BEAVERTON, OREGON 37075
t_egsi notice Advertising i,
*City of Tigard ® 13 Tearsheat Notice
813125 SW Hall Blvdo
Tigard,Oregori 97223 ® 13 Duplicate Affidavit
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APR2g7 iqq~
AFFIDAVIT OF i='UgLf& J- RD
j STATE OF OREGON,
_ l COUNTY OF WASHINGTON, )ss.
s Kathy Snyder~
being first duly sworn., deposo and say that I am the Advertising.
Director, or his principal clerk, of theTigard-Tualatin- Tmes
i a newspaper of (general circulation as defined in ORS 193,010
and 193.020; published at Tiaard in the
aforesaid county and state; that the
i
C ty council Meeting
a printed copy of which is hereto annexed, was published in the
entire issue of said newspaper for ONE successive and
consecutive in the following issues:
A2ril 20,1995
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Subscribed and sworn to b re me thls2lLtLt t9avnf`Anri 1,1 " `OE .CI
-'sL 1Cl3Pf P,, rifq^
NO s FOSLIG UV
j Ptotary P is for Oregon " c0t&;8SiON NO 024552
MY COWASSiON EMSES MAY16,1w. f
My Commission Expires: _
AFFIDAVIT
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3SE..:c Cat i : ~.?k~ it:2 Y ~~.:`!`...i~:~ • .ii'~~.3`.
APRIL 75 1 ~ 9 3
4 TIGA.RD CITY HALL FIB:, L ~
13125 S.V BALL I3OULEVAR-L~, ,•A,~F3, ~ 1& s
Meeting ei1 Rock Creek CC16res Room, forme- l ; lhwi F3.all
a,, ~nknrncs - R6Din) .(6:30 T'.~&
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i
ft Live Se ioa: he Tigard City Council inay (
itattr ~~ecc- ~
lnw Session un4er the provisidns of CRS 192.E &
use) 'to discuss, labor, relations; real g~rci arty € "s~r~tsr~s, curmt
€6dttt'g t1t11~adZL''!`t: i~`5ti~s: ~ '
- ; Q Agenda Review
8r. Meeting Crown Mall) (7:30 P.M.).
E CRmnbitr 17 Project; Upd;ite (MS'1fF'))' I.
® Public Hearan,g: Doland/Mendez - Site Development Review
SDR 91-COOS!°+;a c BAR 91-0010 - Hearing Continued
May'y23,199S - °To C=onsider the US- Supreme Co t remand
conditions related to tha dedication of props ty'for floodplain ,
ma tliemeaat nr~d a bike ktth elatitik to the determ!nation of the
rott$la Frss~~iionatity if Chas requirements, Location: 12520
SW ;
S.~ . Ibmiat Stt~,t
Z Nblic'116aring: Fudge -Zone Change Annexation -A request to
annex four parcels of lard c3ntaining 5.8 acres to the City of ~
Tigard and to change the zone fitstrt VSashita, sn County k' to
Tigard 14.5. motion: South of Caarde Street and m of S.W.' i '
1 I17th A vnue.
s Ccnsidcx Ordinake -:~'at'acing restrictions on 1€19th Avenue. .
o Racal Contract Review Board fvieeiing j
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'Lo* Conb.mct Review Board Meeting..
T178114 -.Publish Aynil.20,199
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OF TI RD, OREGON
AFFIDAVrr OF POSTING
in the Matter of ttha Proposed
STATE OF OREGON )
County of Washington )sq.
City of Tigard )
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begirt first duly sworn, on oath, 6
j depose a say: t
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That i posted in the folloWng public and conspicuous places, a copy of Ordinance
Number (s) q C~ -
which were adopted at the Council Meeting slated
-,j copy(s) of said ordinance(s) being hereto attached and by reference made a part hereof, f
on the day Of ~C
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1. Tigard City Ball, 13125 W Hall Blvd., Tigard, Oregon
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2. Tigard Library, 13125 SW Hall Blvd., Tigard, Oregon
3. Tigard Water Department, 8777 SW Burnham, Tigard, Oregon
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Subscribed and sworn to before me this day of 19 -d..5
OFFICIAL SEAL n t~ /
CONK' IE MARTIN ~ n f ~P;~l 1 f~ t lE4J 11V - 6 fr~✓
NOTARY Fubuc OREGON Notary Public for Oregon
COMWSS Old N. 0:5877
my COM M1ISSiO. i EX =RrS :UNE 4,1445
My Commission Expires:
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J CITY OF TIGARD, OREGON tt€'
ORDINANCE NO. 95-
AN ORDINANCE ADOPTING FINDINGS A44D CONCLUSIONS TO APPROVE A ZONE CHANGE '
AND DECLARING AN EFFECTIVE DATE (ZCA 55-0002) . `
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WHEREAS, the Tigard City Council held a public hearing on April 25, F
1995, to consider a zoning designation for three parcels located south
of SW Gaarde Street and east of SW 117th Avenue; and >
WHEREAS, can Match 14, 1995, the Tigard City Council approved a
resolution forwarding the proposed annexation to the Portland
Metropolitan Area Local Government Boundary Commission; and
' WHEREAS, the zoning district designation recommended by the planning
staff as set forth in the attached staff report and in Section 1 below
is that which most closely approximates the Washington county land use
designation while implementing the city°s existing Comprehensive Plan G
j designation of Low Density residential. x
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THE CITY OF TIGARD ORDAINS AS FOLLOWS:
SECTION 1: Upon annexation, the affected property shall be t,.
designated as follows:
p
Tax :ap. Lot Number Current Zonina ew Zoning
251. 10SA,, lots 200, Wash. Co. R®5 Tigard R-4.5
300 and 500
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SECTION 2: This ordinance shall be effective 3o days after its
r passage by the Council, signature by the Mayor, and
posting by the City Recorder.
' PASSED: By ~`0S°1UC l vote of all Council members present
after being r by number and title only, this day
1 of_~ ; , 1995...
a herine Wheatley,ty Reco er
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APPROVED: By Tigard City Council t 's da, of
1995. jj
.7 s Ni oli, DIPYor
Approved as to form..
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City .Attorne
Date
95 C,)(
ORDINANCE No.
Page 1
004
{ CITY OF TIGARD, OREGON
j ORDINANCE NO. 95- U~
AN ORDINANCE AMXNDING T.M.C. 10.28.130 BY ADDING PORTIONS OF S.W.
CANTERBURY LANE WHERE PARKING IS PROHIBITED.
a
.s WHEREAS, TMC 10.28.130 prohibits parking at any time on portions of
certain public streets in Tigard; and,
WHEREAS, SW Canterbury Lane is designated as a minor collector street in i _
the Comprehensive Plan; and,
WHEREAS, the marking of separate lanes for left and right turns is
needed on the approach to Pacific Highway for efficient operation of the
traffic signal at the intersection of Canterbury Lane and Pacific
Highway; and, t
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WHEREAS, the marking of the turn lanes leaves insufficient room for
parking along the south side of Canterbury Lane near the intersection
with Pacific Highway.
,
' THE CITY OF TIGARD ORDAINS AS FOLLOWS:
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SECTION 1: TMC 10.28.130, designating the portions of public streets
where parking is prohibited at all times, is hereby
amended by adding the following:'
"(85) Along the south side of Canterbury Lane from
Pacific Highway to a point 200 feet east of the east curb
line of Pacific Highway.
SECTION 2: This ordinance shall be effective 30 days after its
y passage by the Council, signature by the Mayor, and
pasting by the City Recorder. i
PASSED : By r) Cyui ru-L o vote of all Council members present
after being read by number and title only, this day
of L , 1995:
Catherine Wheatley, C'.t ec der
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APPROVED: By Tigard City Council t da o
1995.
Ja Nicoli, Mayo
Approved as to form: v
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Cit
jP)t torne
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Date
-j zv/cant-ord
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ORDINANCE No. 95-
Page 1
CITY OF TIGARD, OREGON
ORDINANCE NO. 95-
A N ORDINANCE AMENDING T.M.C. 10.28.1:30 BY ADDING PORTIONS OF S.W. 109TH AVENUE
WHERE PARKING IS PROHIBITED.
WHEREAS, TMC 10.28.130 prohibits parking at any time on portions of certain
public streets in Tigard; and,.
WHEREAS, SW 109th Avenue south of Canterbury Lane is designated as a minor
collector street in the Comprehensive Plan; and,
WHEREAS, at a sharp curve located approximately 260 feet south of Canterbury
Lane on 109th Avenue, it is difficult for two-way traffic to negotiate the
curve when parked vehicles are present: and, s
WHEREAS, the Council has received a citizen request to prohibit parking in the
area of the curve in order to improve traffic safety.
- THE CITY OF TIGARD ORDAINS AS FOLLOWS:
SECTION 1: TMC 10.28.130, designating the portions of public streets'
where parking is prohibited at all times, is hereby amended by
adding the following: i r
{ "(83) Along the west side of SW 109th Avenue beginning at the
start of a curve approximately 260 feet south of the south F'
curb line of Canterbury Lane and continuing south a distance
of 285 feet measured along the west curb of SW 109th Avenue.
(84) Along the east side of SW 109th Avenue beginning at the
start of a curve approximately 260 feet south of the south
curb line of Canterbury Lane and continuing south a distance
of 125 feet measured along the east curb of SW 109th Avenue. r
SECTION 2: This ordinance shall be effective 30 days after its passage by
the Council, signature by the Mayor, and posting by the City
Recorder.
r PASSED: By Urla 1► vote of all Council members present after
being read by number and title only, this day of
1995.
Catherine Wheatley, City 'R. order
j APPROVED: By Tigard City Council this day o 1995.
J e Nicoli, Mayor
Approved as to form:
'CH A torney
Date
r./109 =d
ORDINANCE No. 95- i
Page 1
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j upending on the number of person wishing to testify, the Chair of the Council may limit the amount
of time each person has to speak. We ask you to limit your oral comments to 3 - 5 minutes. The Chair i
may further limit time if necessary. Written comments are always appreciated by the Council to
supplement oral testimony.
Pt BLIC HEARING (QUASI-JUDICIAL) -200E CHANGE ANNEKAT ION (ZCA 95-0002) FUDGE s
A request to annex four parcels of land containing 5.68 acres to the City of Tigard and to change the
zone from Washington County R-5 to 'Tigard R-4.5. LOCATION: South of Gaarde Street and East of
SW 117th Avenue. APPLICABLE REVIEW CRITERIA: Comprehensive Plan Policies 2 and 10; E
Community Development Code Chapters 18.136 and 18.138. ZONE: Currently in Washington County
R-5. F--
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PLEASE SIGN IN TO TESTIFY O$ THE ATTACHED SHEETS
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AGENDA ITEM O. f ~
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Proponent - (Speaking to ever) Opponent - (Speaking Against) ~
re3a i s m as
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Address ress ress
ILastye time
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Name ~
Name
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dF ry a Name
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P$6s Addr~sa
Name Name
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:Nam.' Name
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Proponent - (Speaking in Favor) Opponent - (Speaking Against)
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Name Name t
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i To be distributed to Council on 4/25195 at study session.
-,RESIDENTIAL RATE CHANGE
Residential rates would change as follows depending on the rate of return policy implementation plan Council would choose:
F-
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SERVICE TYRE CURRENT PLASTIC 8% RETURN 10% RETURN METRO RATE
RATES ONLY + PLASTIC + PLASTIC AVERAGE*
- 20 GAL MINI-CARTICAN $14.25 $14.40 $14.65 $15.90 $15.17 Y
32 GAL CART/CAN $16.50 $16.65 $'16.90 $18.25 $18.73
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RECYCLING ONLY
bins and yard debris $ 7.40 $ 7.55 $ 7.65 $ 8.25 N/A
bins only $ 4.50 $ 4.65 $ 4.75 $ 5.10 N/A
CN-CALL SERVICE $ 8.50 $ 8.65 $ 8.80 $ 9.45 N/A
Rate survey conducted by Tigard staff 4/95 - Clackamas County city information
has been computed on this chart.
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j SOLID WASTE RATE/SERVICE COMPARISON (in effect in April, 1995)
all rates include bin & yard debris recycling services (yard debris rates computed on service offerd that is closest to Tigard s)
SERVICE BEAVERTON DURHAM GRESHAMi HILLSBORO LAKE PORTLAND SHERWOOD TIGARD TUALATIN WILSOi. WASH. CLACK I&LWAUKiE OREGON
FS7LthSi AVERAGE OF
OSWEGO VILLE CNiY.' CNTY.' x CITY BOTH PAGES i
it 20 gallon - curb $14.50 $16.18 $15.95 $15.30 $17.00 $20.80 $1750 $1425 $15.60 816.E0 $1716 51558 $43.70 $1415 $180 $15.17
j 20 gallon - yard same same same same same
~ $23.60 $21.00 same same sa,^na $18.76 $17.00 samz soma , same $20.09
32 gallon-curb $16.50 $IBM $lam WA $1955 $'.:3.50 $1928 $1650 WA $18.60 $19.15 $17.70 $f7.75 $17.95 ($20.90 $18.73 4
32 gallon - yard same same same same. same X6.60 $2238 same same same $20.15 $19.28 same same same $22.18 i.
35galionrc" PVA $1BM $19.05 $17.45 2 $25.30 $1928 $1650 $1B.60 $18.60 NIA $16.70 NIA N/A WA $17.05
i
J Recycling only NIA $450 bin NIA NIA ? $ 450 tar ( $ 5.60 bin $ 7.40 bin P. NIA $ 925 bar & $6S3 bin & $3.25 bin NIA tvA WA
cnly only only yard debris yard debris yard debris
C
I Yard debris EOW-WC EOW60-RC W-32-C EOW-60-RC W-60-RC EOW-60-RC EOW-60-RC EO,V-60-RC W-90-RC W-90-RC EOW-60-RC W-3£-C W32-C W-32-C W-32-C
Wilk jugs yes
yes yes ? yes yes yes yes yes yes yes yes yes yes yes
~PPaPer yes yes yes ? no yes no yes yes yes yes yea
yes
es yes yes
Plastics NI-97 rva no 911195 ? no no 7/1/95 ? ne no 4i95 4195 911/95 ? 9/W5 ? 911!95 ? 91145 ? 9/155 ?
Rate of return WA PIA 7% NA 9.5% WA 6%-12%adj. 69/-12% 6%-12% 6%-121 10% NIP. WA N/A
i polity cod led
10 10°t, ntomal into mat nfo mad into mat
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j County Urban Service Roles (not rural service rates)
R.C. = roll cart service rather than can service
EOW - every other week ser ce
W - weekly service
60 -60 gallon cwta;ner
32 = 32 gallon container E
rc = roll tart container (mechanical assisted dumping)
can = can container (manual dumping) f
j ? Unknown
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AGENDA ITEM # _
For Agenda of tila5l-15
- CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUMMARY
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ISSUE/AGENDA TITLE Senate Bill 588/Owner Consent to Historic Preservation t
PREPARED BY: D. Roberts DEPT HEAD OK Ai-z CITY ADMIN OK
ISSUE BEFORE THE COUNCIL
t
Adoption of a resolution requesting that SB W be changed to male owner consent a local option
A rather than a state mandate. ~ .
STAFF RECOMMENDATION
Adopt the proposed resolution. r
INFORMATION SUMMARY E
- SB 508 as drafted would limit any form of historic designation, without regard to the intrinsic
quality of the resource, to only those properties with owner consent. A local option approach, as
- supported by the Historic Preservation of Oregon, would allow communities to decide the level of
historic protection, placing more of the control at the local level.
OTHER ALTERNATIVES CONSIDERED
{
' FISCAL NOTES
1 Adoption of the proposed resolution would have no fiscal impact.
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DR.Hist.sum
i April 4, 1995
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MEMORANDUM,
CITY OF TIGARD, OREGON
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j TO: Bill Monahan
j FROM: Duane Roberts
DAVE: April 3, 1995 _
SUBJECT: Senate Bill 588 (Special Assessment/Owner Consent for Historic
Designation Bill)
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The I istoric Preservation Teague of Oregon has written the city regarding Senate
Bill 5€38, a new piece of legislation, which has been passed by the Water and Land k
Use Committee and soon will be taken up by the full Senate. A key provision of this
bill requires that a "local government shall allow a property owner to refuse to
consent to any form of historic property designation. Such refusal to consent shall
remove the property from any form of consideration for historic property designation
" This provision does not apply to properties designated before July 1997.
The Tigard Community Development Code, as presently written, does not require the
s owner's consent for historic site designation. SB 508 would remove Tigard's and
other local government's authority to designate properties as significant without
l owner consent.
1. The league asks Tigard to consider adopting a resolution requesting that SB 508 be r
changed to make owner consent a local option rather than a state mandate, and
forward copies of the resolution to Portland metropolitan area legislators. Under the
1 substitute provision, Tigard still could make owner consent a local requirement for
designation if it so desired. Under SB 508 as drafted, the city's authority to protect
historic resources would be substantially weakened.
If council wishes to register its concern regarding the owner consent provision of
1 Senate Bill 508, a proposed resolution to this effect is attached for your consideration.
No action is required if council has no concern regarding the owner consent section.
DR/league f
April 10, 195
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i esth oREGON 120131.eA.`Z VE .ASMOLY 1996 ReffuW Ssaaloa
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Senate Spors_zored by Swaror AAWS
SUNMARY
Y
7rae folowi--g su--wary L. not prepared by the sponsors of the treasure snnd is not part of the body th-reef subject
i to consideration by the LegWative Asumbly. It is an aditoes brief statement at tba essential feattu-au of the
raea as inhvdnced
Clsrifie;s applicaion of c®rtain laws (Vetoed House: Bill 2124 1993 Regular Session) governing
spatial assessment a.' historic property vetoed in 1993 that will become law' 90 days after sine die ~
1 following override of vita by Sixty-eighth Legislative Assembly.
Directs that local, government must allow property owner to refuse to consent to historic prop- r -
erty designation.
Appropriates zaon3ys.
1 A BILL FOR AN ACT
J 2 Relating to historic property; creating new provisions; amending ORS 358.482, 358.490, 358.495, f
3 358.505, 358.309, 358.515, 558.525, 358.535, 355.540, 358.543 and 358.545; repealinD section 15, E '
4 chapter 519, Oregon Saws 1975, and sections 2, 3, 4, 5, 6, lla, 11b, 19 and 20, ahapter 5, Oregon
E
_ 5 Laws 1995 (Vetoed House Rill 2124, 1993 Regular Session); and appropriating money.
'6 Be It Enacted by the People of the State of Oregon:
i
7 SEC pIO~ 1. Sections 2, 3 and 14 of this Act am added to and made a part of OR4 358.476 t
S to 358.545.
9 SECTION 2. (1) Ens used in ORS 358.475 to 358_545: ~
10 (a) "flistoric property" has the meaning given the term in ORS 358,480 but does not in-
11 clude terti=y property. -
12 (b) `Preservation playa" mesas a vnittzu rehabilitation proposal submitted by the owner
13 with the application for classiEeac8on and special assessment as historic property, as €ep-. 4
14 proved and as it may fro= time to time be amended and reapproved, that is ixi compliance
to v;ith standards and guidelines for rehabilitation and rules adopted by the State Historic
le Preservation Officer.
17 (c) "Review committee" anesans the Hsstoric .Assess23mez.G Review Committee established
f..
12 under section 16 of this 1995 Act.
19 (d) "Standards and guidelines for rehabilitation" zneans the standards and guidelines,
20 based on those developed by the United States Secretary of the Interior, adopted by the) State
21 Mstoric Preser-mtion 00cer to determine sufficiency of preservation plans, maintenance,
22 alteration and construction for a specific property. C
23 (e) Oreriiary property" mesas any property that does not have a primary contributing,
24 secondary contributing, historic noncontributing or noncontributing ranking in a National +
25 Register Bistoric District or sizailair property desezibed as tertiary under males adopted by
"s 26 the State Ristoric Presc rvation Officer. ; s .
i
~ 27 (2) Except as otherwise specifically provided, tbo defiaitiozsa contained In this section
{ 28 apply to property first classified and assessed as historic property: on or after July 1, 1996, t
1 23 SEMON S. (1)(a) Except as provided =der pa=graph (b) of this subsection, on or before
NOT=: M-tter in W&acea type im an amended eeatiaa is new; natter ftr u* analbraehd"n fe existing inw to in emitted.
New swdaus are in balclUced type.
LC 3M "
1
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1
I the April 13)^sediatejy preceding the ta= year bed- July 1, 2996, or an or before any
2 April I preceding any tax Yom` thereafter, an owner of historic property desizing clazss3fiaca.
3 Hoax and special assessment tmder ORS 358.475 to 858.545 for the property may make appli- ~
4 ration for the classification and special asse rent to the Stator Historic Preservation Officer
5 on form approved by the State Historic Preservation Officer. The forms shall include or be
8 accompanied by the written eonseeat of the ownaT to the viewing 6f the progeny by the Mate
7 EU.Storio Freser vation C° cer and by the Ristorw essment Rmiew Coinmittee. Any appli.
6 cation made under this paragraph slxalt include a preservation plate and be sent by the State
.9 Historic Preservation Meer to the appropriates county assessor, loe%l landmark comassission
10 and the county governing body. Classification and special assessment pursuant to an appli.
.
Ii cation made under this paragraph shall be granted only for the tax year beginning in the
12 calendar year in which the application is made and for the 14 tax years immediately follow. t _
L'3 in$. t
14 (b) If the property for which the owner desires classification and special assessment as
i
15 historic property 1% acgWred after March 3 and before July I preceding the first tax year for
16 whicu classification. and special assessment are desired, the application required =der par.
17 agraph (a) of this subsection may be :matte within 30 days after the date of acquisition. F
YS (2) An owner may snake prelims z -.7 application for classil=cattion of property as historic
i ~
19 upon approval by the State Advisory Cozzunittee on Historic Preservation of they nomination
20 of the property far listing.-o:o the National Register of Historic Places or, if the National
21 Register of Historic Places cusses accepting nominations, the nomination of the property for
22 . ii€ti ng on an Oregon register of historic places. The prelimiua y application shall be consid• ~
23 erect an application matte or received for purposes of subsection (1) of this section, ORS
24 3:5.390 or 358.495 or other law, if the property is actually listed in the National register of
25 Historic Places or, if the National Register of Ristorie Places ceases accepting nominations,
j the property is approved for listing on an Oregon register of historic places by September.
27 15 of the tar year for which classifications and special assessment are first desired. If the
28 property is not listed on the National Register of Ristoric Places or, if the National Register
29 of Historic Places ceases accepting non-.1imations, the property is not approved for listing on
30 an Oregon register of historic places by September 15 of the year for which classification and
31 special assossme TLt are first desired, then the preliminary application shall be considered an
32 application mad-- or received for purposes of subsection (1) of this section, ORS 358.490 or
33 $58.495 or other law, for the tax year next beginning after the date the property is actually
34 Us;tccL ;
35 (3) Immediately upon receipt of a copy of the application under subsection (1) of this
1 36 s tzoay the county assessor shalt review the application for accuracy and completeness of
1 37 description and other matters within the expertise of the county assessor and shall make
28 recazn-andatiow regardi:xig the classification to the State Historic preservation Officer.
i
i (4) ediatQly upon receipt. of a copy of the axppIicatiosa xmder subsection (1) of this,
1 40 sectian, the gover-ing body 0-2n revievv the application for asaatters relating to public benefit
41 and $la:ill reaa3.e recommendations regarding the classification to the State, Historic Preser-
42;vIttio- officer.
43
f.51 lay application for classification and assessment under this, section, the owner
44 conscrits t%at the State Historic preservation Officer has access to the property for in.
43 €.0-ction at reasonable times to fuze that the teraas of the national ; agitter or other fed-
1 SB 588
1 ",a or state laws or requirements axe being riot.
2 (e) The ayplication for classificution and east under ORS 358.475 to 858545 small
3 not be processed finless azcorstpani-sd by is r0""fisudsblea fee of one•M of ona pent of
4 the real ma_.ket value of the property-for the year in which application Is made. The fee shall
Y 5 be deposited in the States Parks and Recreation Department Fund for use by the State Parks ~
R 6 and Recreation Director or for er to the OrBgoza Property BU=g®ment Account as-
1 i tabiaslsed under ORS 35&680 to 558.690, epos the advice of the State Advisory CO=Mittee an
F
a Historic Preservation.
j 9 -SECTION 4. ORS 353.490, as amended by section 7, ea' apter 5, Oregon Laws 1995 (Vetoed House
10 Hill 2124, 1993 Regular Session), is amended to read:
11 SWAM (1) After an application is filed under section 9 of this 1995 Act [ORS 358.48,53, the
1 12 Historic tzs*asmrnt Review Committee shall review the application and may view the premises. i
l 13 Witten 30 days of receipt of a complete application, the review committee shall approve, approve
14 with conditions or deny :he application. The review committee shall not disapprove the application ; h
,i
15 solely because of the potential loss of revenue that may result from granting the application.
16 (2) During the review process of each application:
j 17 (a) The State Historic Preservation Officer and the review committee shall consider the county I
i 18 a:ssessofs and governing body's recommendations submitted under section 3 (3) and (4) of this 1995
i 18 Act [ORS 3:8.485 N) and (SA; and
(b) The review com=ititee shall consider tae State Historic Preservation Officer's evaluation of
{
20
21 the preservation plan.
22 (3) The review corsrmittee may approve the application with respect to only part of the property ~
23 which is the subject of the application. However, if any part of the application is denied, the appli-
t 4
24 cant may withdraw the application.
25 (4) A preservation plan as approved by the review committee as paw: of the application process
2S may be amended from time to time, either at the request of the owner or at the request of the State
{ 27 Historic Preservation Officer, and the amendments may be approved, approved in part or dzsap-
? 23 • proved by the review committee under rules adopted by the State JIistorie Preservation Officer. To
29 the extent approved by the review committee, amendments shall become part of the preservation
7
M plan which must be carried out in order that the property not be disqualified as historic property.
21 r C'pS~N 5. ORS 358.490°, as amended by section 8, chapter 5, Oregon Laws 1995 (Vetoed House
32 Sill 2124, 1983 Regular Session), is amert ad: to read:
33 358.495. (1) Immediately following approval or disapproval of an application under OPLS 358.490,
F
i 34 the State Historic Preservation.Offiicer shall notify the county assessor and the applicant which
t 35 shall in no event be later than September 15 of the tax year for which classification and special
39 assessment are first desired_ In no event dater than September 15 of the tax year for which classi-
37 fieation and, special assessment are desired, the State, Historic Preservation Officer shall cause a
33• copy of the preservation plan approved under OER.S 858.490 [this subsection) to be delivered or mailed
26 to the county assessor. An application not denied on or before [by] September 15 shall be deemed
f
i 40 approved, smd the property which is the subject of the application shall be considered to be historic
i 41 property which qualities under ORS 35$.476 to 358.845.
42 (2) When the Histora Assessment Review Committee determines that the historic property
j. 43 qualifies under ORS 358.475 to $58.545, the State Historic Preservation Ofcer shall certify that fact
24 in writing and shall file a copy of the certificate with the county assessor. The certificate shall state
x -
- 45 the facts open which the approval or denial was based and list any condition on which approval is
sr i
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1 based. ne county assessor, as to any such historic property, shall assess on the basis provided in
ORS 353.505, and each year the historic property is classified and so assessed shall also enter on
' 3 the assessment and tax, roll that the roe r' is being specially assessed as historic
P p tY i property and is
'i 4 subject to potential additional taxes as provided in ORS 858.525 by adding the notation 'historic
3 property (potantial additional tax).'
6 (3) And owner or county assessor affected by a determination of the review committee or State i`
7 ffigtorja Preservation Officer made under ORS MATS to 358.565 may request a contested comas
6 hearing before the State Mstorie Preservation Ofcar according to the provisions of ORS 183.310 F
9 to 183.550. i
10 4"FCf'10K S., Bliss 358.505, as amended by section 9, chapter 5, Oregon Laws 1995 (ttetoed House i
w 11 Brill 2124, 1995 Regular Session), is amended to read: E
12 $88.505. (1) For purposes of 0225 908.252, the county assessor shall, for the 15 consecutive as.
13 sessment years elected under ORS 355.485 or section 3 of this 1995 Act, v7hichever is
14 aPPlicabla value property classified as hasterie property at the assessed value of the
property at the E.
15 time application under ORS 358.455 was made.
16 (2) Except as provided under section 3 (2) of this 19=95 Act (0125.3: 8.485 (3)(b)7, the entitlement
. 17 of property to the special assessment provisions of this section shall be determined as of July L If ~
Is the property becomes disqualified on or after July 1, its assessment for that yea: shall continue as P
provided in this section.
20 (3) Real market value, as defied and determined under ORS 308.205 and 308.235, shall be da-
21 terzained for property classified as historic property by the county assessor each year. The roZ,
f'.
22 market value so determined for any year shall be subject to appeal to the county board of ratio E.`
23 review or board of equalization within the time and in the manner provided in ORS chapter 309 and
- 24 shall be subject to appeal thereafter to the Department of Revenue, to the Oregon I'ax Court and
25 to the Oregon Supreme Court within the time and in the manner provided for appeals of value de-
26 ternsination for purposes of ad valorem property taxation.
27
(4) The Department of Revenue, in consultation with the State Historic ?reservation Of ker,
28 sIxsll adopt rulea within its area of e:pe tics that are necessary to the implementation of ORS
1 24 358A75a to M-545 [thus 1993 Act].
j Sl GROIN 7. ORS 358.509, as amended by section 10, chapter 5, Oregon Laws 1995 (Vetoed
52 House Bill 2124, 1993 Regular Session), is amended to read:
32 358.509. If `he county assessor, local I=d=ark commission, governing body or Historic As-
33 sesswent Review C,amniittee has reason to believe that property classified as historic property is
34 not being niaicit3iaed, rehabilitated or preserved as required under the preservation plan approved
35 for the property, as amended, or as required under rules established by the State Historic Preser- j
W vation Officer, or otherwise no longer qualifies for classification and special assessment as historic
37 property, the eoi=ty assessor, local land-gawk commission, governing body or review coaurittee shall
38 request the State Historic Preservation Officer to determine if the property continues to qualify. The
- ? 39 request shall be in writing and state the reasons why the continuing qualification is questioned.
14 -Upon receipt of the request, the State 1s3toric l%reseraation Officer or designee of the of scar asuall
41 inspect tsa property and may take whatever*steps are necessary to detarm5ae if the property con.-
43 tinues to qualify for special, assessment inducing a request fora reporCunder ORS 358-535. The
43 State I-astoric Preservation Officer shall notify the county assessor of the determination made pur
44 suant to the request within 60 drys after the request is received. A deteurzaination by the State
45 Fistoric Preservation Officer that the property no longer qualifies shall constitute a discovery de•
v ~
i
i SB 588
s 1 scribed i» ORS $53.515 (lXc)- P
2 SECTF01~i S. ORS 339.515, as amended by section :L-1, chapter 5, Oregon Laws 1995 (Vetoed
- 3 House Rill 2124, 1993 Regular Session), ix upended to mind:
4 368.515. (1) When property has once been classified and assessed as historic property pursuant
9 to application filed twder (:)RS M.485 or section 3 of this 1961 Act Eund,;r ORS 358.475 to I
5 SSM51, it shall remain so classified and be granted the special assessnsent provided by OILS 558.305
1 until the property becomes disqualified for such ciassific:stion and assessment by-
8 (a) W-itten notice by the taxpayer to the assessor to re=ovc the special assessment.
9 (b) Ue or transfer to an ownership =inking it exempt from property taxation.
r 10 (c) Removal of the special assessment by the assessor upon discovery that the property no
11 longer qualifies as historic property because it is not in co=p' isance with the preservation plan aP.
-
' 12 plicable to the property or for other reason.
13 (2)(a) The sale or transfer to a new owner or transfer by reason of death of a former owner to
14 a new owner shall not operate to disqualify the property from the special assessment provided by -
= 15 ORS 358.505 so long as the property continues to qualify as historic property (as defined in ORS j
17 (b) The new owner shall not* the Stata Historic Preservation Officer of the sale or transfer
18 of ownership within 60 days after the date that the [of recording} documents described in ORS
19 93.040 are recorded.
20 (3) When, for any, reason., the property or any portion thereof ceases to qualify as historic
21 property (ors defined in. ORS 358.4603, the owner at the time of change sha11 notir the assessor and
22 the State Historic Preservacioa Officer of the change prior to the next July 1 date. i;.
23 SECTION 9. ORS 358-525, as amended by section 12, chapter 5, Oregon Laws 1995 (Vetoed
24 house Bill 2124, 1593 Regular Session), is amended to read:
25 358.525. (1) Except as provided in subsection of this section, whenever property which has
26 received special assessment as historic property pursuant to application flied under ORS 358.485
or section 3 of this 1995 Act (under ORS 358.5051 thereafter becomes disqualified for such assess
28 ment as provided in ORS 358.5131 there sha be added to the tax extended against the property on
29 the neat general property tax roll, to be collected and distributed in the s.=e manner as the re-
30 =a:nder of real property tax, ar. amount equal to the dif arence between the taxes assessed against
31 the property and the t=es that would otherwise have been assessed against the property for each
32 of the last 16 years (or such lesser number of yea:-., corresponding to the years of assessment as
33 historic property applicable to the property) as of Jl:ly 1 of the tax year for which the property was
34 disqualified for special assessment plus an. amount equal to the sum of the interest on each year's
- 35 back taxes computed under OAS 311.505 from November 16 of the tax year for which back taxes are
39 being added to July 1 of the tax year of disqualification.
i
37 (2) Whenever properly that has received special assessment as historic property under ORS
SS 358.505 becomes disqualified for suchassessment , rd either notice required by ORS 358.515 (3) is
a 39 not given, the assessor shall determine the date that the notice should have been given, shall notify
I 40 the owner thereof and, notwithstanding ORS 311220, there shall be added to the tax extended
petty on the pert general property tear roll, to be collected and distributed in the
4'- against the Pro
42 same manner as the remainder of the real property ta°, in full payment of all taxes and penalties
43 accruing from the disqualification, the *sum of the following.
44 (a) The difference between the total amount of taxes that would, Have Loan due on the property ~
45 for each year, not to =.;eed the last 15 years, in which special assessment under ORS 358.505 was
1
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SB 58$ t
1 in effect for the property (even though erroneously) and the taxes which would have been due had
{ 2 special assessment not been in a5ect plus an arsouat equal to the sum of the interest on each year's
_ 3 back taxes computed under 0125 $11.305 trom November 13 of the tax year- for which Dark taxes are
4 being added to July 1 of the tax year of disqualification, plus
3 (b) An additional penalty of 15 percent of the Amount in paragraph (sL) of this subsection.
? 6 (3) Prior to adding to the tax extended against the Vmparty on the next general property tax
7 roll of any additional taxes or penalty imposed by subsection (1) or (2) of this section, in the case r
8 of disqualification ptu-want to ORS 958.515 (1)(c), the assessor shall notify the owner of the property f
9 by mail, raturn receipt requested, of the disqualification.
10 (4) No additional tax or penalty shall be imposed udder subsection (1) or (2) of this section upon "
11 the sale or transfer to an ownership mil ing it exempt from property taxation. No additional tax or
1-2 penalty shall be imposed under subsection (1) or (2) of this sectionu the historic property is de-
r
1s stroyed by fire or act of Cod.
14 (5) The amount determined to be due under subsection (1) or (2) of this section may be paid to
155 the tax collector prior to the completion of tl%e next general property tax roll, pursuant to ORS b
i N 311.370.
i7 (6) Additional taxes callerted under this :section shall be deemed to have been imposed is the
38 year to which the additional :axes relato.
19 SECTION 10. ORS 358.535, as amended 'by section 13, chapter 5, Oregon Laws 1985 (Vetoed
20 Douse Bill 2124, 1993 Regular Session), is amended to read: ~
21 358.535. The State Historic Preservation Officer shall at all tames be authorized to demand and
property classified pursuant to application filed under O1L'i
22 receive reports from owners of
23 358.485 or section 3 of this 1995 Act (under ORS 358,475 to 358,54x1 as to the continued quali-
24 fieation of tine saine for classification as hiwtoric property. The content of repor9;s and times for re,
25 poring shall be determined by the State Historic Preservation Officer. If the owner shall fail, aft-or
23 90 days' written notice by mail, return receipt requested, to comply with ouch demand, the State
r 27 historic Preservation Weer :hall immediately notify the assessor and the assessor shall withdraw
s ~ I-
28 the property from ,°.lassifi=tion and apply the penalties provided by ORS 358.525.
29 SEMON 11.11. ORS 358.540, as amended by section 14, chapter 5, Oregon Laws 1986 (Vetoed
30 House Bill 2124, 1993 Regalar Session), is amended to read: i<
' 31 358.540. (1) Property classified as historic property puesu.anb to application f3led.unde:r ORS
32 S5 ASS or section 3 of this 1995 Act shell be entitled to any other exemptions or special assessment
-J 33 provided by lmw,
{ 34 (2) Property L%at has received special assessment pursuant to sapplioatlon filed =d.--r ORS
35 358.485 or section 3 'of this 1995 Act (under OILS 358,475 to 358.5413 for 15 years is not again eli-
38 gible for special esseesment under ORS 358.475 to $58.545. h
a7 SECTION 12.12. ORS SS8.543, as a=tzde•? by section 15, c~-,apter 6, Oregon, Laws 1995 (Vetoed,
38 $o=e Bill 2124, 1993 Regular Session), is a=anded to read:
`9f 35$.543. (1) Any ad3itiors made that are histerica117 accuxate reconstructions of once extant
40 featare's or necessary for safety or handicapped access or required by building_ code requirear+ants
41 many be classed as not being `new construction' by the State Historic Preservation Officer if the F.
< 42 State Historic Preservation Officer so determines after request is. made, by the owner. i
43 (2) H new construction takes place on or after October 15, 1983, with respect to property for G,
44 which a certificate already has been fled =den O?,S 358.495 (2) pu-saint to application plod ~
45 under ORS 258.485 or section 3 of this 1995 Act, the new construction shall not be considered = E
L
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,5l•3 598 '
1 classified as historic nor shall the new construction receive the special valuation accorded historic
2 property an-der OF-9 358,305. `li'tre new construction shall be valued for ad valorem property tax
3 purposes at its real market value and shall be assessed at the percentage: of its real market value
} 4 provided in ORS 3084.
5 (3) Any notice required ender ORS 308.025 to be sent b;r a. public official or agency with regard
8 to a chango in claassidcati= to or from historic property classification shall be given by the county
7 assessor and to the State Eistoric Preservation Officer.
(4) As used in this section, "now construction' indudes, but is not limited to:
j (a) .9u additional new building, structure or other improvement outside the building envelope, ~
10 including but not limited to a parldng area to be or in use for commercial purposes.
(b) An ealargesssent of the exterior perimeters of an egg bu$Iding, structure or improvement.
12
(c) Any story or stories added to an eiisting building, structure or improvement.
33 SEC ON 13.13. ORS 358,545, as amended by section 16, chapter 5, Oregon Laws 1995 (Vetoed
14 Souse Sill 2324, 1993 Regular session), is amended to read:
15 358.545. The person designated as State Flistoric Preservation Officer under ORS $58.565 shall
j 16 adopt rules, pursuant to ORS 183.314 to 183.550, with regard to the determination. of outitlement of
17 historic properties to the special assessment accorded by OP,B 958.475 to 358.545 pint to ap-
18 pliration. sited under ORS 3.58.485 or sections. 3 of this 1995 Act. '!flue rules shall:
19 (1) Encompass requirements for allowance sad substantiation of public sight-sexing of }historic
20 praptuty classified under ORS $58.475 to 358.546;
21 (2) Provide minimum maintenance standards for the property;
22 (3) Provide standards and guidelines for rehabilitation based on those adopted by- the United
l 28 States Secretary of the Interior,
24 (4) Delineate any other =zV.e-rs necessary to carry out the purposes of ORS 958.475 to .958.545;
I - 25 and
26 (5) Provide for a review procedure by the State Historic Preservation Officer for compliance
r with the preservation plan in the 3rd, 6th, 10ts and 14th years of special assessment. If tlse State ~
28 Historic Preservation Officer determines that there is lwtk of compliance with the preservation plan,
29 the State ?iistoric Preservation Ofzacer shall either notify the county assessor under OPS 358.509
20 or request that the preservation plan be amended as provided under ORS $58.490. If, after a request
31 for amendment is made, the property remains
is noncompliance, the State Historic Preservation
22 Officer shall notify the county assessor as described, and with the result described, under ORS
54 SFC 700 34. (1)(a) A preservation. pl shall be Bled with the State Historic Preservations
W Officer £or each property classified uad specially assessed as historic property p-axsusn# to
i 36 an application Mod under ORS M483. The preservation plan shall be filed before July 1, 199^x,
37 and shall be accoznpanied by n fee described in subsection. (2) of this section. The county
38 assessor =ay request that the State Fistoric Preservation Officer cause a copy of the plan,
: 29 as Med, to be delivered.or zaailed to the assessor vvithin 30 days after the plan. is railed or in
'f 44 no event later tbs. Septezaher 13, 1997...
i 41 (b) A preservat°on plasu Mod under this section shall be reviewed under ORS W AM
(4)
{ 42 and (5) and 35&4940. If the preservation plaza is appraved as- a result of the review process,
43 approval shall be zaaede in the =a n:aer prtvicled izader ORS 358.4195 (2). A preserv-ation plan
44 Mod =der this section =ay be aursendea in tho ===or provided under ORS 308'190 (4).
45 The State Historic Preservation Officer sbaal2. cause a copy of the approved pre ervation 1tlau
.j
~ i
i
l
i .
SS 5€38
I to be delivered or malled to the co=ty assessor within So days after the plan is approved.
2 (c) Xf the preservation plan is disapproved as a result of the review process, the Property
Y 3 shall be dfs
tiualiflod, for elrssideatlots and spectal assessment as of the hart RSSesszRtelat data
j i aza tlw back taxes imposed as provided under ORS M,525. Appeal from the disapproval y
b may be ta',cass as provided under f31S 948.&93 (8>-
6 (d) A prosev$t *n plan filed under thil3 section alien be app"vesd or disapproved by the
€ 7 Mate kiatoria Weaervatlosa Meer witflin 18 months after the date the preservation pL-m is
8 filed, w
41 1 8 (e) ne State Matoric Preservation Officer or the county assessor shall notify, or at-
10 te=pt to uotmfy, by publication, mail or other zn9ans, the owner of asab sep"ate assersment
1 12 of property aged find specially e as historic properly p= t to application feed
12 under ORS 358.485 of the need to isle a preservation plate before July 1, 1987. Notwithstanding
13 that the notice under this Pva pb is not give=, if a preservation plan, aceornpoaaied by the f
14 required feet is not filed as required under this subsection; and it the property 19 otherwise
! Is entitled to historic property special assessment for the 2997-1998 tax year, the property shall
1s be disqualified front special assessment as of July l,'1997, amd tLe back taxes imposed as
j 17 provided under ORS 338.525.
is (f) Prope%V with respect to vrliicJx s preservation plan has been approval under this
19 mibsection is suWect to review for compliance with the preservation plan at fhree-year or
20 four-year intervals during the period a special assessment;. Upon a t?etezmination of lack of
21 compliances the Mate Historic Preservation scar may either notify the county a"essor
as provided under QRS 36&509 or request that the preservation ;clan be amended as provided
j 23 under OPB 359.490. U, after a request for amendment is made, the property renaseins in
24 nonconapliEauco, the State Mstoric Preservation GfEcor shall notify the county assessor as
t
25 described, and with the result described, under ORS 358.509.
26 (22)(a) Each preservation plan Wed under this- section zh0l be accoinpsn.ied by a
27 nonrefundable fee for =e to defray Me costs incur-ed by the State Historic Preservation
23 o facer In earr7in out this section.
29 {b) The amo,=t of the fee sbnil be determined by rule adopted by the State Historic
50 Preservation Officer and shall not exceed onefsf'th of *no percent of the real market value
31 of the subject property for tlae tax year dtning which the preservation plan is filed. Upon
82 collection, the fee shall be deposited in tb.e State Parke and Recreation Department Fund a=d
33 is 0 tinuouzly appropriated for use by the Mate klisforio Preservation (9Wcer to carry out
j 34 tho purposeg of this section.
j 35 SEf"1TON 15. ORS 358.4-65 is ameeded to read.
3S8.4S5. (1) An owner of historic property dewing classiacation and assessment under ORS `
37 358.4-75 to 358.545° shall aaaake application to the county assessor upon forms approved by the De-
39 parfmaent of Ravenus and count in writing to the viowi= of the '
3 property by .ke State Fistoric
89 Preservation OMoor and the State Advisory Con`.snittee on Historic mrese_.atior.. Applications shim
40 be made prior to De* a nr 31, 1975; for cla=Mcation tor the Easses menu) tax year commenting
41 Vanw2ry) Jaly 1, 1970; and t iereafxer applications to the county as;s essor shall be mods during the
4m calendar year preceding the 5sst (aase am4nt) t~= year for which classification is requested, except j
43 that iao application shad be made under Haig subsection altar Noe=ber 81, 1983. Application for
44 classiEcation shall be granted only for those l3 consecutive iaas,ESSrrasnt) tax years immediately -al-f45 lowing the calendar year in which the application is made.
~Y
' SF 583
l
- 1 (2) On and after January 1. 1384, as owner of historic property desiring classitica.tian %n,$ as.
2 ses eut under. ORS 358.475 to 35°8.545 for the property shag make application to the State Historic
3 Preservation Officer on forms approved by the State Fiistorie Preservation Offices. The forms shall
i g _ y1 4 include or be accompanied b the writtan consent of the owner to the viewing of the property by
5 the State I31storsc Preservation Officer and by the State Advisory Committee on Historic Pre`erva-
6 tiara Except as provided in subsection (3) of this -section, applications shall be made on or before
7 December 31, 1994, for classification for the [s~ssessrrrrat7 t year couamencing (j=uo.+) J%dy 1,
' 8 1985, and theruafter applications shall be made during the calendar year preceding tka first [os•
9 sesv^mentl tax year for which classification Is requested, *=apt that no application shall be made ;
10 =%der this cubsection -slier Aece=ber 31, 1993. 'The States Ristoric Preservation Officer shall im. r
4
11 =ediately simd a copy of any appl1=d*u to the appropriate county assessor grad governing body.
z.
1:: Applications for classification shall be granted only for those 15 coasecufdve [=essm") tam years
j 13 iznmadlately following the calendar year in which the application is =ado.
14 (3) An owner may mate preliminary application for classification of property as historic upon
15 approval by the State Advisory Committee on Historic Preservation of the nomination of the prop. S
` - 15 arty for liLssting on the ?National Register of Historic Places or, if the National Register of Historic
17 Places ceases accepting nominations, the nomination of the property for listing on an Oregon rag-
IS ister of historic plates. The prelimin=7 application shall be considered an application nade or re. f
19 ceived for purposes of subsection (2) of this section, ORS 358.490 or 358.49555, or other law, if the
24 property is actually listed in the National Register of Ia„istoric Places or, if the National Register
21 of Historic Places ceases accepting nominations, the property is approved for listing on an Oregon
j . = register of historic places by March IS of the year following preli=izary appiicatioam. If the property
1 w -is not listed on the National Register of Historic Places or, if the National Register of Mstoric
i
i 24 Places ceases accepting nominations, the property is not approved for listing on an Oregon register
25 of historic laces by March 35 of the year following Q
P y ~ preli,~n+,is~,azy application, then the . preliminary
26 application shall be considered an application made or received for purposes cf subsection (2) of this
27 section, ORS 358.490, 355.495 or other lave, on the date the property is actually listed.
:y 28 (4) Imraediatsly upon receipt of a copy of the application under subsection (2) of this section, the
j ? 29 county assessor shall review the application for a= racy and completeness of description and other
{ ! 20 matters wits the expertise of the county assessor and shalt make recom ^endation5 regarding the
31 classification to the State historic Preservation Officer.
32 (5) lm=adistely upon receipt of a copy of the application under subsection (2) of this section, the E
33 governing body shall review the application for matters relating to public benefit and shall make
34 recoramendatians regarding the classification to tlso Sta.ti aiiatorio Preservation Officer.
36 (6) By maldng application fc-- classification au3 assessment under ORS 355.475 to 358,545, the
26 ovmmr consenta that the State Historic Preservation Qfiicer [leave] has access to the property for ~
i
V inspection at reasonable times to basure that the terms of the national register or other f:deral or
M state Iowa or requirements are being met.
29 (7) The application for classification and asaev=ent under ORS 358.473 to $58.5<0 shall not be
40 processed unless aceompaaied by a nonrefundable fee of one4enth of one percent of the assessed
41 value of the property for tho year is which application is made. The fee shall be deposited in the
42 State Parks and Recrastion Department Fund for use by the State Parks and Recreation Director
43 or for transfer to the Oregon Property Management Account established under OF- 358.6$0 to ~
44 .°58.690, upon the advice of the State Advisory Committee on Historic Preservation.
W, 45 SEK:tit~N Y6. (1) There is established an Historic c Assess=ont Review C;ofrtmittee *on.
573 5813 t -
d i sisiing of three rnembe-3 appossnted by the State Hsstor3.c Preser valioas t} fficer and reprs- `
2 sting each of the following interests: '
3 (a) The Iterests of the Mate $is;t*ric Preservation Of5cer,
4 (b) The interesrs of the Oregon State Association of County Assessors; and
5 (c) The iuterreb3 of load }boric preservation. organizations.
8 (2) The tc of office of each Meranbe is four yeas-s, but n znezobeg serves at the pleasure
7 of the Mate $iotorio Porwervation Officer. Before time expiration of the term of a me er,
8 the State Eistorio Preservation officer sh&U appoint a successor whose term begins on the
E
~
S July 1 new Following. A member is eliglbla for yeapposntnaent. If f3aera is,a vacancy for any
1c csmsase, the State Mss tcric rreservaticra Offi-cor shall =-Ue an appointment to become l msne•
11 diutely elrectivo. far the un.•expi red terns.
12 (3) Appointments to the review conmdttee shall be based on representation of interests
[
:3 of the county assessors, historic prese--vation interosts amid local gover%uxeut. t
14 (4) A majority of the =e=bers of the review committee constitutes a. quorum for the
is transactiort of bossiness. ~
1b C~'Tdl~T 17. lyotw}thstaadig the -term of office specified by section 16 of this Act, of the
essmertt Review Committee: fy _
17 members 5rst appointed to time historic A2S
j 1s (1) One shall serve for a term end3lng July 1, 1997. f
29 (2) One shall serve for a term end July- 1, 1998.
(3) One shall serve for a term ending July 1, 1999. f
i 20
21 SE ON 18. (1) S•eecctions 2, 5, 4, 5, 6, 11a, 11b, 19 and 20, chapter 5, Oregon Laws 1995,
22 are repealetL
j,
23 (2) Section 15, chapter- 514, Oregon Laws 1975, as ara€:ded by section 2, chapter 346,
24 Oregon Lases 19:9, section 1, chapter 321, Oregon. 1,1ws 1585, and section. 18, chapter 6,
25 . Oregon Lacs 1995, is repealed.
f `
26 SEC'IO'aT 13. (1) Except as provided jr- section 14 of this .pct, property i"Srst classified and
27 specially assessed as historic property for a tax year beginning on or before July 1, 1993, shall
28 continue to be so classMe,,4 specially assessed and removed from special assessment as pro-
29 vided under' OR 9 358.475 to S.U 54S asp those sections were in existence and in effect on De-
80 cember 31, 199%
31 (2) Propert; shall not be granted classification and special assessment as historic prop-
32 erty pursuant to application Bled p'arsmt~sst to ORS 558.485 and first applicable for time tax
i n 33 year 1994-1995 or 1993-ISM
34 (3) Property stay be classified and speaLiUy assessed tender OTM'l 858.475 to 358.5 i5 pur•
35 suant to application filed under section 3 of this Act on or after the effective date of this
3o Act and first applicable for the tax year 1996-1997 or away tax year thereafter.
I
i 37 (4) Property shall not be classified ana specially assessed, pursuant to application Eled
? 38 under section 3 of this Act if the application, is tiled on or after July 1, 1997.
39 S'ECT'ION 20. (1) Notwithstanding any other provision of late except as provided in sub.
NCO . section (2) of this section. a. loss: government shall allow a groperty owner to refuse to
41 cosasent to any form of historic prog arty designation. Such refusal to consent shs3% remove
' 42- the property &c= any form of consideration for historic property designation under ORS :
4 43 85&475 to 358.54;5 or other law.
44• (2) SnbGection (1) of this section does not apply to property that is:
43 (a) Cla.,saised and assessed as historic property under ORS S58.4'f5 to 358.£+45 put==t to
i~
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t 1 appliieatao-a Wed Wove Truly 1, 1997; or t to {be 14,ti"" Ristoric
2 (b) Y.isteu' j, the Netios~.al Rehr of t*ric I~ia~~s g
3 Preservation Act of 190% W s ed ~x(3 6 -J-S.C. 410 of sei•), oxt th» isaapi enfatidzs of,
rimeras~aas i}facoa alal ~ 'rlaa ran
The Stars $a~sio
_u 3 =d the ef'ect$ of: this •zt up= t'he l ziu prc7~erb special etsma~t ~rc►~ °
:jo~t sire die of the
t feuactlori-g E&-.er t3
1 a port al ali be Suede to the £cstr 1 c~ eat Thlb report $lasll
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7 nth give Ass=bly, to .Which rc tae matte"
e be xst 3e xce latrw tla= Sept r $0, IWS-
led on De :o~bmr 81,1~~8. t
9 _ O.1 22, SecEor- 21 of tY~ ~t is E
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AGENDA ITEM # 30-
A
For Agenda of April 25, 1995
CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUMMARY rV
a;
ISSUE/AGENDA TITLE Authorization to accept the quote for the pulling of
_ well 2 and Well #3.
PREPARED BY: Ed Wegner DEPT HEAD OK AM- CITY ADMIN OK
ISSUE BEFORE THE COUNCIL
Shall the Local Contract Review Board authorize the Maintenance Services
t_
Director to accept the quote of Mather and Sons, Pumps Incorporated for work 4
on Well #2 and well #3. "
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STAFF RECOMMENDATION f
_ The staff recommends that the Local Contract Review Board approve the
Maintenance Services Department to contract with Mather and Sons, Pumps r;
a Incorporated and other vendors as necessary to complete the Well #2 and 43
maintenance program.
INFORMA`T'ION-SUMMITRY--
I.
On April 11, 1995, the Local Contract Review Board authorized the staff to
receive quotes on the well maintenance program for well: #2 and #3. There
1 were quotes received from three vendors for the pulling and reinstallation of
wells #2 and #3. Of these quotes, Mather and Sons, Pumps Incorporated was l
the love bidder.
The total cost of these repair, can not be quoted until the equipment is
pulled from the ground. This project when completed, is estimated at
$17,800. The exact cost will be negotiated with Mather and Sons, Pumps
Incoporated once the necessary repairs are done.
OTHER ALTERNATIVES CONSIDERED
Postpone implementation of the well maintenance project until a later when
the State mandates improvements.
s
FISCAL NOTES
The funding source for this project is the Capital Improvement Fund.
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Listed below are the quotes and cost estimates that we have received.
Mather & Sons Ericksen Pump Lane Pump
Well #2
Pull and reinstall $2,500 $6,500 $8,000
i Repair/replace parts to bring well to $7,800 57,800 $7,800 f,
specification T f
{ Total for Well #2 $10,300 $14,300 $15,800
Well #3 r
f,
Pull and reinstall $2,500 $8,000 $8,000
Repairlreplace parts to bring well to 510,000 $10,000 $10,000 f.;
specification
Chlorination equipment $1,200 $1.200 $1,200
Improvements for well head $5,000 $5;000 $5,000
s
protection
Total for Well #3 $18,700 $24,200 $24,200
Grand 7•'otal $29,000 $38,500 $40,000
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AGENDA ITEM # 14 ,3
For Agenda of April 25°1995
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CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUMMARY
, ISSUE/AGENDA TITLE Authorize City Engineer to advertise for bids to
'j construct the Bonita Road and Bull Mountain Road role cts.
s
PREPARED BY: G Alfson DEPT HEAD OK 191NZr~ CITY ADMIN OK '
ISSUE BEFORE THE COUNCIL 4
Shall the Engineering Department advertise the Bonita Road and Bull Mountain
f Road projects for construction bids?
STAFF RECOMVENDATION
Authorize the City Engineer to advertise for bids to construct the Bonita
3
Road and Bull Mountain Road projects.
`i INFORMATION SUMMARY
The purchasing rules require City Council approval to publicly advertise j'
~T,projects for construction bids. The Bonita Road project is part of the 94/95
°•-,and 95/96 budget and is scheduled for construction this summer. This project
includes widening the bridge and from the RR tracks to 72nd Avenue, and
j modifications to the 72nd Ave intersection and signal.
The Bull. Mountain Road project is a continuation of last years project.
Washington County has approved the use of their funds remaining from last
years project. The neighborhood has been also been notified of the project
j and are interested in extending the paved shoulder.
After bids are received, Council approval will be necessary to award the bids
for actual construction. Legal right of entry will be acquired for all
properties requiring right of way and easement acquisition prior to
requesting award approval on Bonita Road. No easements or right of way
acquisitions are required on Bull Mountain Road.
OTHER ALTERNATIVES CONSIDERED I
FISCAL NOTES
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ga\bon-auth.ss
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Agenda Rom No
=a ICE 40RANDUM Meeting of
F- .
CITY OF TIGARD, OREGON
TO: Honorable Mayor & City Council
_ r
' FROM: Bill Monahan, City Administrator
~ t
DATE: April 18, 1995
SUBJECT: Dolan Remand Rearing F
The Dolan remand hearing is set for the April 25 agenda. Attorney
1 John Shonkwiler, representing the applicant, has requested that the
.i remand hearing be continued for thirty days to allow continuation
of settlement discussions. I recommend that the Council open the
public hearing on April 25 and continue the matter to the May 23 '
j agenda.
?1
Since council has expressed interest in settling this matter, I
1 assume that the request for continuance will be granted. As a
result, staff has not finalized the Staff Report. A complete Staff
Report will be prepared prior to the May 23 hearing.
Copies of correspondence between our attorney and Attorney
Shonkwiler are provided in a separate envelope. These documents
are considered to be confidential as they deal with :settlement
negotiations.
wmc0418.95
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AGENDA I'T'EM 5
i ; For Agenda of 7 _
CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM S't KKARY
ISSUElAGENDA TITLE Public Hearing Remand of Conditions related Dolan/Ahoy r
3 Site Development Review SDR 31--0005/Var- 91-0010
a
F
PREPARED BY: r)aeWgr•sdbrff DEPT HEAD OE CITY ADMIN OK
ISSUE BEFORE THE C0Y1PdCIL
R Should the City Council determine that conditions of approval related to the
dedication of property for floodplain management and a bikepath are roughly
proportional to the impacts of the proposed development?
STAFF RECOMMENDATION
Approve the conditions as roughly proportional according to findings
presented by the City Attorney's office.
? INFORMATION SUP[MARY
The United States Supreme Court remanded conditions of approval placed by the
City of Tigard on the construction the Dolan--Ahoy Hardware store proposed on Main Street. The Court remanded conditions related to the dedication of
~ property for a bikepath and the floodplain. The Court did not overturn the
City's conditions but said the City must show that the conditions related to
dedication are roughly proportional to the impact of the development.
The City has utilized consulting services to measure the proportionality of
requirements to the development. The City Attorney's office will be
presenting those findings at the April 25, 1995 meeting.
j _ OTHER ALTERNATIVES CONSIDERED
t 1. Drop or alter the conditions related to dedication,
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FISCAL NOTES
The issue is under litigation.
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AGENDA ITEMS
F1 For Agenda of April 25 X995 F,
CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUMMARY
ISSUE/AGENDA TITTLE Zone Chanae Annexation ZCA 95-0002
r ~ .A PREPARED BY: a "alone DEPT HEAD OK _ CITY ADMIN OK
ISSUE BEFORE TH COUNCIL
F
Should the City Council forward to the Portland Metropolitan Area Local
Government Boundary commission a request to initiate annexation of four
parcels consisting of 5.68 acres located south of SW Gaarde Street and east
of SW 117th Avenue?
STAFF RECOMMENDATION
F
Adopt the attached resolution and ordinance to forward the annexation request
to the Boundary commission and to assign a zone designation to the property F
in conformance with the city comprehensive plan.
. ~ INFORMATION SIR01ARY
The proposed annexation consists of territory comprised of four parcels of -
land, totaling 5.68 acres, which is contiguous to the City of Tigard. The
applicants' request annexation in order to be eligible for sanitary sewer
service. Because the territory is located within Tigard's active planning
area and has already been assigned a comprehensive plan designation of Low
Density Residential, the City Council only need assign a Tigard zone
designation to the property. Attached is a resolution initiating annexation
and an ordinance to change the zone designation from Washington County R-5 to
Tigard R-4.5.
- _ r OTHER ALTERNATIVES CONSIDERED
C Deny the request.
_ ~-FISCAL NOTES
Since the territory is within Tigard's active planning area, the city is
responsible for the Boundary commission application fee of $850.
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STAFF REPORT
k j April 25, 1995 E
TIGA.RD CITY COUNCIL t
TIGARD TOWN HALL
3 13125 SW HALL BOULEVARD
TIGARD, OREGON 97223
i
A. FACTS
>I 1. General Information
:-i CASE: Zone Change Annexation 95-0002 i
REQUEST: To annex four parcels of 5.65 acres of
unincorporated Washington County land to the
1 City of Tigard and to change the zone from
,i Washington County R-5 to City of Tigard R-4.5.
J APPLICANT: Brad & Kitty Fudge Marvin & Helen Eberting
14235 SW 115th Ave. 14040 SW 117th Ave.
Tigard, OR 97224 Tigard, OR 97224 F.
J
OWNERS: Same
LOCATION: South of SW Gaarde Street and east of SW 117th i'
Avenue - WCTM 2S1 IOBA, lots 100, 200, 300 and
500 (see vicinity exhibit map).
2. Vicinity Information
Properties to the east and west are in Washington County and
zoned R-5. Properties to the south are in the city and zoned
R-2. These parcels have single family residences on them.
North of the site is St. Anthony's Cemetery, which is in the
city and zoned R-4.5.
3. Background Information s
The applicants approached the city with a request to annex the `
property. No previous applications have been reviewed by the
city relating to these properties.
4. Site Information and Proposal Descri tion
The northern half of the site slopes downward from northwest
to southeast at a 10% grade. The southern part of the site
i slopes downward from southwest to northeast at a 13% grade.
A swale running west to east bisects the site. Approximately
two thirds of parcel B is a Christmas tree fares. There are
single family houses on parcels A, B and C. Parcel D is
vacant. The proposed annexation site has approximately 425
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feet of frontage along Gaarde Street, which is functionally
classified as a major collector.
The applicants, owners of three of the four parcels, have
requested that the 5,68-acre site be annexed to the city by
means of the double majority method. Representing the owners
of more than half the land (97%) and a majority of the
registered electors (67%) of the area proposed to be annexed,
the applicants have initiated this action through their
written consent. The fourth property, parcel A, has been
included in the annexation proposal without the owner's
-.-i consent because of its location. It is surrounded by, and
depends upon parcel E for its access. Efficient delivery of
facilities and services is the primary reason for its
inclusion. City staff prefer to have parcel A be part of the
annexation proposal. The Police Department, in particular,
wants the parcel to be included with the annexation because of
the confusion involved during police response if it is left
out.
f E_
'j The proposal includes the request to initiate annexation to
the city and to change the zone only on the property. Because i
the property is in the city's active planning area, it has
already been assigned a Tigard Comprehensive Plan designation, k
which is Low Density Residential.
5. Agency Comments
The Engineering Division, Tigard Police and Water departments,
Tualatin Valley Fire and Rescue District, PGE and General
Telephone have reviewed the proposal and have no objections.
No other comments were received at the time of this report.
F
B. FINDINGS AND CONCLUSIONS
The relevant criteria in this case are Tigard Comprehensive
Plan policies 2.10.1.1, 10.1.2, and Tigard Community F
Development Code chapters 18.136 and 18.138.
Staff has determined that the proposal is consistent with the
relevant portions of the Comprehensive Plan based on the
following findings:
i
1. Policy 2.1.1, requiring an ongoing citizen involvement
program, is satisfied because the Central CIT and L
surrounding property owners have been notified of the
hearing and public notice of the hearing has been
published.
2. Policy 10. requiring adequate service capacity" ~
? delivery to annexed parcels, is satisfied because the
Police Department and other service providers indicate P
2
r~ -
that adequate services are available and may be extended
i 1 to accommodate the affected property. I%-
3. Policy 10.1.2, boundary criteria for annexations, is
satisfied because the proposal will not create a boundary
irregularity in this area; the Police Department has been
notified of this request- and has no objection; the°
affected land is located within the city's urban planning
area and is contiguous to the city boundary; and adequate
services are available to accommodate the property.
J f
Staff has determined that the proposal is consistent with the
relevant portions of the Community Development Code based on g'
the following findings:
1. Code Section 18.136.030, requiring approval standards for
annexation proposals, is satisfied because:
j
a. Service providers have indicated that adequate
facilities and services are available and have
sufficient capacity to serve the affected site.
b. Applicable comprehensive plan policies and code }
provisions have been reviewed and satisfied.
C. The zoning designation of R-4.5 most closely.
conforms to the county designation of R-5 while
j implementing the city's Comprehensive Plan
designation of Low Density Residential.
j_
d. The determination that the affected property is an
established area is based on the standards in
Chapter 18.138 of the code.
j 2, Code Section 18.138, providing standards for the
classification of annexed land, is satisfied because the
property shall be designated as an established area on
the development standard areas map of the comprehensive
plan,
C. RECOMMENDATION
Based on the findings noted above, the planning staff
recommends approval of ZCA 95-0002,
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VICINITY EXHIBIT MAP AREA
WITHINCC TY LIMITS
NO 7H / AREA TO BE ANNEXED
8oaSa T.3 DO' ZONE CHANGE WASHINGTON CO. R-5
FF_ET TO TIGARD R-4,5
0 400 REFER TO STAFF REPORT
ea~mscannacoevsznowcura~xuaowa sras,+ss
CITY OF TIGARD, OREGON
i
'f RESOLUTION NO. 95-
+ A RESOLUTION INITIATING ANNEXATION TO THE CITY OF TIGARD OF THE"
TERRITORY AS DESCRIBED IN EXHIBIT A AND ILLUSTRATED IN EXHIBIT B r.
(ZCA 95-0002).
{ WHEREAS, the Tigard City Council held a hearing on April 25, 1995, to
consider the annexation of four parcels consisting of 5.68 acres located
south of SW Gaarde Street and east of SW 117th Avenue; and
WHEREAS, the proposed annexation constitutes a minor boundary change x
i under Boundary Commission law ORS 199.410 to 199.519, and
i
{
} WHEREAS, the Tigard City Council is authorized by ORS 199.490(2)(a)(B)
i to initiate an annexation upon receiving consent in writing from a
majority of the electors registered in the territory proposed to be
annexed and written consent from owners of more than half the land in
j the territory proposed to be annexed; and
WHEREAS, the property which lies within the boundary of the Washington
{ County Enhanced Sheriff's Patrol District, Washington County Urban Roads
Maintenance District, Washington County Street Lighting District #1 and f
J the Washington County Vector Control District would, by operation of ORS
<1 199.510, be automatically withdrawn from those districts immediately i.'
upon completion of the annexation. I
NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council that:
Section 1: The City Council, pursuant to ORS 199.490(2)(a)(B),
hereby initiates proceedings for annexation to the City
of Tigard of the territory described in Exhibit A and
a illustrated in Exhibit B.
i
Section 2: The City Council hereby approves the proposed annexation f
a and requests that the Portland Metropolitan Area Local
Government Boundary Commission approve the proposal and
effect it as soon as possible.
{ Section 3: The City Recorder is hereby directed tA7nat le certified
copies of the resolution with the PortlMetropolitan
Area Local Government oundary Co issi once.
PASSED: This da,.1995.
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F-
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ATTEST:
City Recorder - City of Tigard
i
Date
RESOLUTION NO. 95-
Page 'l
j
EXHIBIT A
LEGAL DESCRIPTION f
for
ANNEXATION
!s
A tract of land situated in the Northeast one-quarter of the E
;a Northwest one-quarter of Section 10, Township 2 South, Range 1
West, Willamette Meridian, Washington County, described as follows;
=j Beginning at a point S 000 26' 00" W a distance of 20.00 feet of t'
the Northeast corner of the Northwest one-Quarter of Section 10
i Township 2 South, Range 1 West; thence S 00° 26' 00" W, 640.00 i
feet to the initial point of the Subdivision Plat of Shadow Hills
as recorded in Book 42 Page 41 of the Washington County Subdivision
Records; thence S 890 41' 00" W, along the north line of said t
' Subdivision, a distance of 346.50 feet to the Southwest corner of
the property described in Fee Number 94023801 of the Washington
County Deed Records; thence N 000 26' 00" E, along the west line €
of said Fee Number, a distance of 230.00 feet to the Southeast
3 Corner of the property described in Fee Number 94023802 of the
Washington County Deed Records; thence S 890 41' 00" W, along the "
south line of said Fee Number, a distance of 131.75 feet to the
East right-of-way of a private road and the southwest corner of f
said Fee Number; thence N 00° 26100"E, along the west line of said
Fee Number, a distance of 86.50 feet to the northwest corner of
said Fee Number; thence S 890 34' 00" E, along the north line of
said Fee Number, a distance of 131.75 feet to the west line of Fee f
Number 940233801; thence N 000 26' 00" E, along the west line of
said Fee Number, a distance of 136.67 feet to the Southeast corner
of the property described in Book 1027 Page 371 of the Washington
County Deed Records; thence N 890 34' 00" W, along the south line
of said deed, a distance of 85.93 feet to the southwest corner of
d said deed and the east right-of-way of a private road and a point
on a curve to the left; thence along said curve with a radius of
65.00 feet a delta of 240 39' 3611, and a length of 27.98 feet to
a point of tangency being on the west line of said deed; thence N
{ 00° 26' 00" E, along the west line of said deed, a distance of i
160.38 feet to the Northwest corner of said deed and a point on the
south right-of-way of County Road 411; thence N 890 41' 00" E, i
along said south right-of--way, a distance of 7 feet more or less to
a angle point in said south right-of-way; thence S 001 00' 00" W
a distance of 9.9 feet; thence N 890 41' 0011 E , along the said
i right-of-way, a distance of 182.82 feet to the angle point in said
i right-of-way; thence N 000 00' 00" E, along said right-of-way, a
distance 9.9 feet to an angle point; thence N 890 41' 00" E,
along said right-of-way, a distance of 236.5 feet to the point of
beginning. f
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i VICINITY EXHIBIT MAP AREA CUCITY RRENTLY
WITHIN L TITS
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t qOT)H AREA TO BE ANNEXED r
Soale t•.<OC• ZONE CHANGE WASHINGTON CO. R-5
FEET TO TIGARD R-4.5
0 400 800
N\C:oGAT\nGCOY\NnS®WG\A VCX2 A Wr 5/77/00
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- - - - - - _ T _
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CITY OF TIGARD, OREGON
=j ORDINANCE NO. 95-
AN ORDINANCE ADOPTING FINDINGS AND CONCLUSIONS TO APPROVE A ZONE CHANGE
AND DECLARING AN EFFECTIVE DATE (ZCA 95-0002).
WHEREAS, the Tigard City Council held a public hearing on April 25, i
1995, to consider a zoning designation for four parcels located south of
SW Gaarde Street and east of S4+ 117th Avenue; and
j i
I WHEREAS, on March 14, 1995, the Tigard City council approved a
resolution forwarding the proposed annexation to the Portland
Metropolitan Area Local Government Boundary Commission; and
WHEREAS, the zoning district designation recommended by the planning
J staff as set forth in the attached staff report and in Section 1 below
i is that which most closely approximates the Washington County land use
designation while implementing the city's existing Comprehensive Plan
designation of Low Density Residential.
THE CITY OF TIGARD ORDAINS AS FOLLOWS: f :
SECTION 1: Upon annexation, the affected property shall be
designated as follows:
f
i Tax 2~iap. L<ot Number Current Zoning New Zoning f
2S1 10BA, lots 100, Gash, Co. R-5 Tigard R-4.5
200, 300 and 500
' SECTION 2: This ordinance shall be effective 30 days after its
passage by the Council, signature by the Mayor, and
posting by the City Recorder.
PASSED: By vote of all Council members present
i after being read by number and title only, this day
I of 1995.
Catherine Wheatley, City corder
APPROVED: By Tigard City Council t s of ,
1995.
i
t va Nicoli, Mayor
3 4
Approved as to form:
City Attorney
E
i
Date
ORDINANCE No. 95-
Page 1
i
I
Agenda item No. €
} E
Mooting of 41Q 5 leis
24165 SW I I5 Avenue
Tigard, OR 97224 k
t April 13, 1995
City of Tigard
' j Staff Planner Ray Valone
Tigard City hall 4
23125 SW Hall Blvd.
Tigard, OR 97223
REF: File ZCA 95-0002 / 1"itle: Fudge / Appfication for Annexation
rear ibis. Valone:
I am writing to protest the annexation into the City of Tigard of any property which is
surrounded by Brad and Kitty Fudge's property on 115th Avenue. I do not share Pair.
and Mrs. Fudge's desire for the police- protection which living inside the city limits
would afford them. If any hoarse were located on a well-traveled street which was
regularly patrolled by city law enforcement, I would not hesitate to contribute any
3 fair share of tax for such service. In fact, I awn not opposed to paying the city tax-
that is not easy essential argument against annexation. i ,
I wish the City to consider the fact that owners of neighboring properties,
particularly I Inand & Mrs. Lynn hatch and others located on Gaarde Street have not
requested annexation. I was also under the impression that the City was no longer
• actively engaged in forced annexation of properties which lie within the Walnut
Island. Actually, I thought it had become the position of the City NOT to annex
properties unless requested to do so by property owners on a case-thy-case basis. I ern
NOT requesting annexation, and am perplexed that the City would utilize its power vi
double-majority to include any property along with the requested annexation of Mr.
and Pairs. Fudge's property. If the City plans to exercise double-majority to annex
properties within the Island, it would seem properties along Gaarde and 121st which
already benefit from routine law enforcement protection would be more viable
candidates for annexation than a small, semi-rural residence situated off the beaten
path.
Please reconsider the proposed action. I aim requesting that my property NOT be
annexed at this time.
F
Sincerely,
I3nda Quiutdt
(503) 639-4463 honne
(503) 768-7332 weekdays E
axnnexpro:lq
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AGENDA ITEM # 4
a•
k For Agenda of April 25, 1995
,v
CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUMMARY
ISSUE/AGENDA TITLE Parkino restrictions on Canterbury Lane f
f
PREPARED BY: R. Wooley DEPT HEAD OK CITY ADMIN OK r
ISSUE BEFORE THE COUNCIL
Parking restrictions on Canterbury Lane.
{
STAFF RECOMMENDATION
Approval of the attached ordinance prohibiting parking on Canterbury Lane
near Pacific Highway.
i_
INFORMATION SUMMARY
E
Currently, parking is prohibited on the north side of Canterbury Lane but _
allowed on the south side. Citizens complain that the south side parking is
-.~a problem near Pacific Highway.
When the traffic signal was installed on Pacific Highway at Canterbury, a
left turn lane was added on the Canterbury approach to the intersection.
With the left turn lane markings, there is no longer sufficient room for
parking on Canterbury near the intersection. Recently, vehicles from the
adjoining apartments have occasionally caused some problems in the area near
the intersection.
The attached ordinance would correct this situation by prohibiting parking in
the area of the turn lane.
OTHER ALTERNATIVES CONSIDERED
FISCAL NOTES
The cost of signing the "no parking" zone will be approximately $150 from
street maintenance funds.
r rwlcant-sum
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1 r
~ AGENDA ITEM 9#
y For Agenda of April 25, 1995
-,j CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUMMARY
ISSUE/AGENDA TITLE Parking restrictions on SW 109th Avenue
- fi
i i
PREPARED BY; R._ Woolev ® DEPT HEAD OK CITY ADMIN OK
ISSUE BEFORE THE COUNCIL
Parking restrictions on SW 109th Avenue.
STAFF RECOMMENDATION
- r~
Approval of the attached ordinance creating the requested parking
restrictions.
INFORMATION SUMhIARY;-
I Attached is a letter requesting parking restrictions in the area of a sharp
curve in 109th Avenue south of Canterbury Lane. The letter indicates that
_--:,the request is supported by the managers of all of the adjoining apartment
)complexes. In addition, notice of the proposed parking restrictions has been
sent to the owners of record of the apartments and the remaining undeveloped
parcel abutting the curve.
i
As with other areas of apartment development, on-street parking has increased
in the 109th Avenue area in recent years. Both Engineering and Police
Departments have received calls of concern regarding safety at the curve when
vehicles are parked along both sides of the street. The proposed parking
restrictions will alleviate these concerns. The restrictions appear to be
supported by those responsible for the adjoining properties.
OTHER ALTERNATIVES CONSIDERED
FISCAL NOTES
I The cost of signing for the "no parking" zones will be approximately $300
from street maintenance funds.
1 ;
,xw/109-sum
i 10695 SW mm** St
-flgm* OR 97224
MAR 17 1995
6
CITY OF TIGARD t
16 much 1995 f
i
1 125 SW HWl I OR 97223 C
Dear Fps: Woolcy:
F
I
IAy umu is Jill Coon and I the mmqgor offtm West and C y Apmtmmts,
laic d between Cmft" Imo and M ck St,109da St bm*m a on the west side. t
,
Y requesfiag dud the re located on 10 St, offofC m NO
FARLINQ We had several close calls, with near brad can collizi children
being bit Sao e ofeurs d along Cho cmb ftv. 11w ares left to negrti a moviog
I vehicle is greatly red mul w a as It m*es it very m for vehicles comisq rip
hill, wall as pedestrimm in &a arom
I woWd like to c 3 below all dw way to s kayo
Murdock on dr an do ri& hand side going to driveway known as
Murdock Pima, an the 1 side going W, smigud NO P C.
I spo with V hap ot Emd she is in favor
ofthis chwp cl , re no odor business's cr rssi al mroas on do street vdio
~d be affimted.
HMO let me know if you a d m the Cif commil mew g will
be to de this is , I would lake to attan&
t
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APR-24-1995 11:51 CITY OF LAKE OSWEGO P.01
dF LAIKE OS GO F0 BOX 369, LAXE OSWEGO OR 9700
E
Date:
f
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Number of pages including cover W: 2
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F A X
1
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To FRED EBERLE ®DOTREGION I From: F.
9 FaxDhona: 731-8259 ALICE L. SCHLENKER,
C
MAYOR
To T HONORABLE [
JIM hliCt3L1 CITY OF LAKE OSVVEGO
Getg. lacy ai Tigar d
Phone: (5 0 3) e3~213
Fax phoner 664-7297
-
To RAR®Y'6•G•ffii.EY. CITY ENO. F p ttE: {5593) 697-6594
tatYa?in G:d
i
Fax ohooo: 7247
B" MONAHAN, CITY ADMIN.
To
1
. .i 1;32wol~i~ard TO TRU YY RIPPE
Rippe A Weil
y Foe Mahone: S84-7297
Fax phone- € 99-7823
TO Principal Trc cUon
To STEVE CLAD, f?tsialiah®r ~
~ Plxar~x®r j
Clackamas County C®mmunif ?6ewa Paper=
- I Fax hone: 620-3433
F~n7sona: 6S~39t f j
BL" GRUMPACKER
To STEPHEN HART
To
j Senior Planner
Clackamas Count Citizens
i wafthinaton County
Faa phane: 633-8353
Fag uhona: 693-4412
f
ANDY COTUIGNO To Goo BIGELOW. Publisher ;
TO planninA.Director . Ne4ro I
rho Lffik® dmtve v t~'ee s1ar.~ ~
{ Fans ghona• 7974724 Faa hones. 6354817
i G
FF2ANKANGEL®
To PPOdgCt 13sr., V4 & H Pacific
i Fags phum: SZ54775
To GARY KATSION
Kittalson a Acaoci s
Pay 273.8169
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j APR-24-1995 11:54 CITY OF LAKE OSWEGO P.02
VP.KE pr
i
GENT
i MEMORANDUM
~ i
TO: 1-5/217 Subarea Transportation Plan
3so .A» AVENUE Project M ,a Team Members 1
POST OFFICE BOX 364
LAKE OSWEGO, FROM: Alice 11 Faker, Mayor
OREGON 97034 f' .
(503) 635-0213 SUBjEC-r: Transportation Package
FAX (503) 697-6594 t
DATE: April 24,1995
1 ALICE L. SCHLENKER, E.__.
J, MAYOR
} 'T'oday, at 4.00 pare., the Republican Caucus will deterMine whether or
CHARLES C. (MIKE) ANDERSON, not the Transportation Packa ;e will be considered on the floor of the k
COUNCILOR House. ~
BILL. ATHERTON,
I strongly urge you to fax or phone your legislators, particularly, ; , -
couNrnnR Representative Bob Tiernan, Senator Randy Miller, and House Majority
Deader, Bev Clarno.
HEATHER CHRISMAN,
cc)uNC:ILOR .rne page that is being considered by the Caucus is:
BILL KLAXWER,
1- A $.02 gas tax increase, for two years, for a total of $•04. Cities would:
COUNCILOR
receive approximately 20% of this increase for local street projects.
CRA C PROSSER,
eouNruOR 2. A $5.00 increase in vehicle registration fees, for two-years, for a total of i
!
- ~ $1f).C1t3.
MARY PUSKAS, k
COUNCILOR 3. A constitutional amendment to allow the $5.00 increase in registration
fees to be used for mass transit.
Please ask your legislators to support this package. If they cannot
support the entire package, at least ask these to have this package mane
out to the floor for debate.
Without this increase, O1DOT will have no funds in four years for new F
projects, They will have adequate funds for maintenance only.
The Caucus will be voting at 4:00 p.m. Please phone or fax your i
legislators and ask these to support this important legislative package. It
is important to Lake Oswego and our region because of 1-5, internal street
maintenance, and Highway 43.
TOTAL P.02