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City Council Packet - 03/12/1996CITY of riGaRU~ OREGON TIGARD CITY COUNCIL MEETING I" March 1 2,1996 COUNCIL MEETING WILL BE TELEVISED k%admyo%=pM.d= (e.i 13125 SW Hall Blvd., Tigard, OR 97223 (503) 639-4171 TDD (503) 684-2772 J TIGARD CITY COUNCIL ITY OF TIGARD BUSINESS MEETtNG MARCH 12,1996 6.30 PM 13125 SW HALL BLVD TIG"D, OREGON 97223 I 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 h b f +16 t nda -tem Visitor's A ..An items are asked to be two minutes at t o egmnmg o a age g or less. Longer matters can be set for a future Agenda by contacting either the Mayor or the City Administrator. Times noted are estimated: it is recommended that persons interested in testifying be present by 7:15 p.m. to sign in on the testimony sign-in sheet. Business agenda items can be heard in any order after 7:30 a.m. j 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. r Please call 639-4171, Ext. 309 (voice) or 684-2772 (TDD -Telecommunications Devices for the Deaf). Upon request, the City will also endeavor to arrange for the following services: o Qualified sign language interpreters for persons with speech or hearing impairments; and e Qualified bilingual interpreters. Since these services must be scheduled with outside service providers, it is important to allow as much lead time as possible. Please notify the City of your need by 5:00 p.m. on the Thursday preceding the meeting date at the same phone numbers as listed above: 639- 4171, x309 (voice) or 684-2772 (TDD - Telecommunications Devices for the Deaf). SEE ATTACHED AGENDA i TIGARD CITY COUNCIL MEETING MARCH 12, 1996 - 6:30 PM AGENDA 6:30 p.m. • STUDY MEETING > Executive Session: The Tigard City Council may go into Executive Session under the provisions of ORS 192.660 (1) (d), (e), (f), ex (h) to discuss labor relations, real property transactions, exempt public records, and current ex 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. > Agenda Review 7:30 p.m. 1. BUSINESS MEETING 1.1 Call to Order - City Council ex Local Contract Review Board 1.2 Roll Call 1.3 Pledge of Allegiance ` 1.4 Council Communications/Liaison Reports 1.5 Call to Council and Staff for Non-Agenda Items E: 2. VISITOR'S AGENDA (Two Minutes or Less, Please) ` 3. CONSENT AGENDA: These items are considered to be routine and may be enacted in one motion without separate discussion. Anyone may request that an item be removed by motion for discussion and separate action. Consent Agenda - Items ` Removed for Separate Discussion: Any items requested to be removed from the Consent Agenda for separate discussion will be considered immediately after the Council has voted on those items which do not need discussion. Motion to: 3.1 Approve City Council Minutes: January 30, February 6, 13, 20, 1996 3.2 Receive ax File: a. Tentative Agendas b. Council Calendar 3.3 Approve Budget Adjustment for Metro Greenspaces Local Share Funds 3.4 Approve Right-of-Way Acquisitions a. 130th Avenue - Resolution No. 96- b. Tiedeman Avenue Bridge - Resolution No. 96-_ ` c. Grant Street Bridge - Resolution No. 96-- 3.5 Local Contract Review Board a. Award Contract for GIS Control Survey and Authorize City Administrator to Sign Contract 3 s 4. CONSIDER FINAL ORDER - FINAL ORDER ON THE COMPREHENSIVE PLAN AMENDMENT (CPA) 954=6 PHIL LEWIS SCHOOL SITE REQUEST: TO AMEND THE COMPREHENSIVE PLAN MAP FROM PUBLIC INSTITUTIONAL TO GENERAL COMMERCIAL (C-G) ON THE PHIL LEWIS SCHOOL SITE. Request: To amend the Comprehensive Plan map from Public Institutional to General Commercial (C-G) on the Phil Lewis School site. Location: Northwest corner of Hwy. 217 and S.W. 72nd Avenue. Applicable Review Criteria: Comprehensive Plan policies 1.1.2(2), 2.1.1, 5.4, 6.6.1, 8.1.1 and 12.2.1(2); Community Development Code chapters 18.22 and 18.32; and Oregon Administrative Rules Chapter 660, Division 12. Zone: C-G (General Commercial) allows for several uses including convenience sales and services, eating and drinking establishments, food and beverage retail sales, general retail sales, medical and dental services and professional and administrative services. a. Staff Report: Community Development Department Staff M b. Council Discussion i C. Council Consideration of Final Order: Ordinance No. 96-_ 5. CONSIDER: ORDINANCE AMENDING TITLE 14 OF THE TIGARD MUNICIPAL CODE TO ADOPTTHE MOST CURRENT STATE OF OREGON SPECIALTY CODES, STANDARDS AND RULES NECESSARY FOR THE CONTINUED ADMINISTRATION OF THE BUILDING INSPECTION PROGRAM. a. Staff Report: Community Development Department Staff b. Council Discussion/Questions C. Council Consideration: Ordinance NO. 96-- 6. CONSIDER: ORIDNANCE AMENDING TIGARD MUNCICIPAL CODE SECTION 13.09.055 - REIMBURSEMENT DISTRICTS a. Staff Report: City Attorney b. Council Consideration: Ordinance No. 96- 7. PRIORITIZATION AND DISCUSSION OF COUNCIL GOALS a. Staff Report: City Administrator b. Council Discussion at Prioritization 8. NON-AGENDA ITEMS a COUNCIL AGENDA - MARCH 12, 1996 - PAGE 3 I. • rr+..-.:a,.tit..o~:.vzlri.~_r.sa.._,-•,____. 1 9. EXECUTIVE SESSION: The Tigard City Council will go into Executive Session under the provisions of ORS 192.660 (1) (d), (e), ar (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. ADJOUILMNENT i j (Arecorder\ca\ca0712.96 } ~ ft@ s .i i t t V COUNCIL AGENDA MARCH 12, 1996 PAGE 4 t item No. 3.1 Agenda Meeting of u I G IG tD - tt TIGARD CITY COUNCIL MEETING I MARCH 12, 1996 - 6:30 PM Meeting Notes Meeting was called to order at 6:30 p.m.. by Mayor Nicoli. Council present: Mayor Nicoli, Councilors Hunt, Moore, and Scheckla; Councilor Rohlf arrived at 6:33 p.m. Staff Present during Study Session: Gary Alfson, Acting City Engineer, Jim Hendryx, Community Development Director; Bill Monahan, City Administrator; Catherine Wheatley, City Recorder; Sandy Zodrow, Human Resources Director; Mike Mills, Engineering Technician III; Diane Jelderks, Engineering Department Secretary; Jerree Gaynor, Community Development Department Secretary. i • STUDY MEETING > Executive Session: The Tigard City Council went into Executive Session at 6:30 p.m. under the provisions of ORS 192.660 (1) (d), (e), (f), & (h) to discuss labor relations, real property transactions, exempt public records, and current & pending litigation issues. As 4 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. Mayor Nicoli recessed the Executive Session to the study session at 6:50 p.m. > Mike Mills, Oregon Public Employees Union (OPEU), Union Bargaining Team, said i that he did not understand what has happened in the current negotiations to cause the problems that have arisen. He said that they have not had a cost of living adjustment since July 1994, and that he had believed in good faith that the union and the city could negotiate for a cost of living adjustment similar to the one granted by the Council to the other employees. Mr. Mills reviewed the negotiations with the City through Garry Bullard. He said that they f did not receive the City classification and compensation study until mid-January, and then they came under pressure to resolve all the economic issues and come to an agreement. He said that in February Mr. Bullard had indicated that the City would continue to contribute towards the employees retirement fund but that two weeks ago the City's formal proposal changed the elements of the discussion. He said that the bargaining team countered with a reasonable proposal, including the 14% they felt that they had been previously offered, only to learn that Mr. Bullard was going on vacation for a month. f CITY COUNCIL MEETING MINUTES - MARCH 12, 1996 - PAGE 1 Mr. Mills said that they met with the substit go well since the City did not come to the t; ('1 reach an agreement. He said that he thougl now but noted that the union had never wa this through collective bargaining without tl Mr. Mills said that he was confused as to total compensation package or reduce the Ci the Council not allow these negotiations to bigger than it had to be. > Jerree Gaynor, Oregon Public Emplo; commented that the employees received praised them for work well done and tlic Council knew who their employees were She said that, after four months of negoti but that they could not do so without the working people who deserved a fair sett 1 > Diane Jelderks, Oregon Public Emplo { reviewed her employment compensation the City put 7% of her salary into the immediately to cover living expenses. Sl the union had not been entirely happy City's contribution to the retirement fun Ms. Jelderks commented that the City con- seen because it gave raises to a group of pointed out that it did hurt others who breakdowns in the private sector. She said to fairness, not greed, and asked that the I negotiate a settlement. > Mayor Nicoli said that Council had unc that both parties had agreed to a mediate more before trying mediation. Mr. Mills explained that the union never w was suggested by Mr. Bullard very early o team suggested mediation because the City the union was expecting them to make in r had wanted the union to make another of union mentioned mediation, the business i adjourned. CITY COUNCIL MEETING MINUTES - N - - Ah attorney and the City team but that it did not with a counter offer or any ideas on how to hat mediation might be the only way to settle 3 to go to mediation; they preferred to settle :onsultants. ther or not the Council wanted to reduce the s retirement fund contribution. He asked that ig on so long that it escalated into something r s Union (OPEU), Union Bargaining Team, ced messages from the Council. The Council reduced their compensation. She asked if the cared about the quality of services provided. ens, they were ready to come to an agreement iuncil. She stated that they were decent hard- lent. -s Union (OPEU), Union Bargaining Team tory with the City. She said that, even though ink for the retirement plan, she withdrew it reviewed the agreement reached in 1983 which n but accepted because of the increase in the nsation study was the fairest one she has ever :ople who have been sorely underpaid. She ndled workloads that would cause nervous it the union has always negotiated with a mind auncil continue with the same discussions to tood from a memo received earlier this week He asked if the union now wanted to negotiate ed to go to mediation, even though that course t the negotiations. He said that the bargaining d not come to the table with the counter offer onse to the union's last offer; instead the City on top of their last offer. He said when the esentatives jumped on it and the meeting was tCH 12, 1996 - PAGE 2 S; > A citizen addressed the Council on the issue of living fences (trees or shrubs instead of ( wood boards). He petitioned the Council to enact an ordinance restricting the height of living fences to eight feet, saying that currently there were no restrictions and property owners could grow a living fence 30 feet high and block other people's views. He explained the situation on his property. A former neighbor had planted a row of fir trees along the edge of his backyard, which formed the edge of the citizen's front yard, over the citizen's objections 15 years ago. The neighbor had said that he would maintain the trees but then he moved and the ownership changed. The citizen said that last year there had been words in the neighborhood over that line of trees that have grown tall enough to block the views of the neighbors behind them. He stated that he did not like dissension in the neighborhood and asked that the Council do something to I help the situation. He submitted a letter to the Council. I Mayor Nicoli said that they would notify the citizen in advance when this issue was put on the agenda. > Mayor Nicoli reconvened the Executive Session at 7:10 pm. under the provisions of ORS 192.660 (1) (d), (e, (f), & (h) to discuss labor relations, real property transactions, exempt public records and current and pending litigation issues. > Mayor Nicoli recessed the Executive Session at 7:35 p.m. > City Administrator Bill Monahan reported that Wendi Hawley has been selected to ` participate in the mediation training program through the City of Beaverton. She would i pay for half of the training by returning services with Beaverton residents. Mr. Monahan reported that City staff attempts to fix the sink hole emergency have failed; i f they have entered into an emergency contract for $22,000 maximum to fix it. Staff would r L bring the documentation to Council at a later date. > Agenda Review Mr. Monahan said that the school district has requested the final order on the Phil Lewis school site be postponed to April 9. Mr. Monahan reviewed the status of discussions over the City of Tigard using more of the water district building. He said that City of Durham submitted a letter agreeing to Tigard using the building in exchange for five hours a month of public works services. Councilor { Hunt asked that this issue be made a non-agenda item. Mr. Hendryx reported that staff received a proposal for a minor modification of the plan for a 68,000 square foot grocery store approved three years ago. He noted its location across from Village Inn. He said that, though staff has reviewed the proposal and found that it did meet the code criteria for a minor modification, he did not really think that it was minor. j CITY COUNCIL MEETING MINUTES - MARCH 12, 1996 - PAGE 3 l 1 L~ He explained that because it was ruled as minor it would not go back to the Development Review Committee. However Council could call it up for review if they chose to do so. I 1. BUSINESS MEETING 1.1 Call to Order - City Council & Local Contract Review Board Mayor Nicoli called the business meeting to order. 1.2 Roll Call Council present: Mayor Nicoli, Councilors Paul Hunt, Brian Moore, Bob Rohlf, and Ken Scheckla. Staff present: City Administrator Bill Monahan, City Recorder Catherine Wheatley, r Legal Counsel Jim Coleman, and Building Official David Scott. 1.3 Pledge of Allegiance 1.4 Council Communications/Liaison Reports Mayor Nicoli reported on the meeting of the Washington County Cities Committee. He said that they received a proposal from Metro relating to property issues in which Metro specifically detailed requirements that it intended to impose on all cities in the Metro area. He stated that the requirements were not general and were not in the form of a policy; they explicitly defined how Metro wanted to implement their goals. Mayor Nicoli said that, except for the County chairperson, all cities attending the meeting strongly opposed this proposal. He reviewed some examples of the types of things Metro wanted to dictate, such as street widths at 28 feet, street speeds, etc. He said there was consensus to express the cities' extreme displeasure with the direction Metro was taking. He note& that Metro wanted to implement these requirements very i quickly - within the next three to four months. Mr. Monahan said that Metro intended to hold a meeting on April 2 for public input and then make a final decision sometime in April. Mayor Nicoli said that he would talk with the other mayors and set up a meeting with Mike Burton, Metro Exec. He commented that this was not a big city/little city issue; all cities objected to Metro trying to fine-tune their plan and dictate implementation to the cities. ~J CITY COUNCIL MEETING MINUTES - MARCH 12, 1996 - PAGE 4 i 1.5 Call to Council and Staff for Non-Agenda Items Mr. Monahan reposed that there were two non-agenda items this evening: the potential purchase/lease of interest in the Tigard Water District building and the resolution of the Fern Street property purchase for the Greenspaces program. 2. VISITOR'S AGENDA (Two Minutes or Less, Please) Jack Polans submitted a document written to the Director of Motor Vehicles concerning a possible harassment of the DMV. He asked what the status was of CM2Hill regarding water costs. Mr. Monahan explained that the consultants' study would be presented to the IWB at F their meeting tomorrow night; staff did not yet have a copy of the materials, as he had informed Mr. Polans earlier. Mr. Polans indicated that he wanted to see those reports so that he could analyze them. Mr. Polans raised the issue of whether or not the value of the land was included in the cost of the water district building. Councilor Hunt asked that discussion of this issue be postponed to the discussion under non-agenda items. 3. CONSENT AGENDA: These items are considered to be routine and may be enacted in one motion without separate discussion. Anyone may request that an item be removed by motion for discussion and separate action. Motion to: p 3.1 Approve City Council Minutes: January 30, February 6, 13, 20, 1996 l 3.2 Receive & File: _ a. Tentative Agendas L b. Council Calendar 3.3 Approve Budget Adjustment for Metro Greenspaces Local Share Funds 3.4 Approve Right-of-Way Acquisitions a. 130th Avenue - Resolution No. 96-13 b. Tiedeman Avenue Bridge - Resolution No. 96-14 C. Grant Street Bridge- Resolution No. 96-15 3.5 Local Contract Review Board a. Award Contract for GIS Control Survey and Authorize City Administrator to Sign Contract Motion by Councilor Hunt, seconded by Councilor Rohlf to approve the consent agenda. The motion was approved by a unanimous voice vote of the Council present. (Mayor Nicoli and Councilors Rohlf, Scheckla, Hunt and Moore voted "yes.") CITY COUNCIL MEETING MINUTES - MARCH 12, 1996 - PAGE 5 .l ~i 4. CONSIDER FINAL ORDER - FINAL ORDER ON THE COMPREHENSIVE PLAN AMENDMENT (CPA) 95-0006 PHIL LEWIS SCHOOL SITE REQUEST: TO AMEND n. THE COMPREHENSIVE PLAN MAP FROM PUBLIC INSTITUTIONAL TO GENERAL COMMERCIAL (C-G) ON THE PHIL LEWIS SCHOOL SITE. Request: To amend the Comprehensive Plan map from Public Institutional to General Commercial (C- G) on the Phil Lewis School site. Location: Northwest corner of Hwy. 217 and S. W. 72nd Avenue. Applicable Review Criteria: Comprehensive Plan policies 1.1.2(2), 2.1.1, 5.4, 6.6.1, 8.1.1 and 12.2.1(2); Community Development Code chapters 18.22 and 18.32; and Oregon Administrative Rules Chapter 660, Division 12. Zone: C-G (General Commercial) allows for several uses including convenience sales and services, eating and drinking establishments, food and beverage retail sales, general retail sales, medical and dental services and professional and administrative services. Motion by Councilor Scheckla, seconded by Councilor Hunt to continue this final order to April 9, 1996. The motion was approved by a unanimous voice vote of the Council present. (Mayor Nicoli and Councilors Rohlf, Scheckla, Hunt and Moore voted "yes.") 5. CONSIDER: ORDINANCE AMENDING TITLE 14 OF THE TIGARD MUNICIPAL CODE TO ADOPT THE MOST CURRENT STATE OF OREGON SPECIALTY I CODES, STANDARDS AND RULES NECESSARY FOR THE CONTINUED ADMINISTRATION OF THE BUILDING INSPECTION PROGRAM . a. Staff Report: Community Development Department Staff Building Official David Scott presented the staff report. He said that this ordinance was needed to bring Title 14 into compliance with the most recent version of the model code L adopted by the state. He explained that the City had delegated authority to administer the codes and therefore needed to be in compliance with the most current codes. Mr. Scott proposed that the City restrict the portion of the state code regulating process t piping to regulating hazardous process piping only. He explained that this was an appendix that the state allowed the local municipalities to decide on. He reviewed the three editorial changes that needed to be made in reformatting the code, none of which were substantive. Legal Counsel Jim Coleman advised the Council that it was not necessary to itemize the editorial changes in the motion; they could include them by reference to the document held by the City Recorder. CITY COUNCIL MEETING MINUTES - MARCH 12, 1996 - PAGE 6 f b. Council Discussion/Questions Councilor Rohlf asked if this would apply to anyone in Tigard immediately. Mr. Scott said that it was effective for plans submitted after April 1; anything submitted in March was subject to the current code. Councilor Rohlf asked why this was an emergency. Mr. Scott explained that the state deadline for enforcing these new codes was April 1. Unfortunately, the state had been so slow in deciding on the administrative provisions that by the time the City got the rules, they were left with fewer than the normal 30 days needed to adopt them. c. Council Consideration: Ordinance No. 96-10 Motion by Councilor Hunt, seconded by Councilor Rohlf, to approve Ordinance 96- 10 as amended and in the hands of the City Recorder. The City Recorder read the number and title of the ordinance. Ordinance No. 96-10, an ordinance amending Title 14 of the Tigard Municipal Code to adopt the most current State of Oregon specialty codes, standards, and rules and E . declaring an emergency. The motion was approved by a unanimous roll call vote of the Council present. (Mayor f~ Nicoli and Councilors Rohlf, Scheckla, Hunt and Moore voted "yes.") 6. CONSIDER: ORDINANCE AMENDING TIGARD MUNICIPAL CODE SECTION ! 13.09.055 - REIMBURSEMENT DISTRICTS a. Staff Report: City Attorney b. Council Consideration: Ordinance No. 96-10 City Attorney Jim Coleman presented the staff report. He reviewed the change that needed to be made to the ordinance as it appeared in the agenda packet. He explained that Section 6.0955 was unnecessary because it repealed a section of the code that had never actually been adopted; it had been part of an earlier draft and got carried through. Therefore, staff was deleting Section 6.0955 (p.4). Councilor Hunt raised the issue of charging interest on time payments. He said that he did not see that mentioned in this ordinance and that he thought it had been the intent of the Council to allow the same conditions that existed in the original ordinance regarding interest charged. Mr. Coleman reviewed the ordinance and concurred that it did not mention interest. He said that it did include an annual fee adjustment which would compensate the person who was being reimbursed over time for the value. CITY COUNCIL MEETING MINUTES -MARCH 12, 1996 -PAGE 7 k L~ 1 Councilor Hunt said that he would like this issue discussed. He asked why the term "annual fee adjustment" as used over "interest," noting that the average citizen wouldn't i know what that meant. Mr. Coleman said that he could not remember why three years ago they decided to move away from the term "interest." Mr. Coleman said that he understood that the Council wanted to see a guarantee that the person who was to be reimbursed received interest for the time period when there was a lapse. Councilor Hunt said that he thought that they wanted the person forming the district to be allowed to request that as part of the reimbursement district, though that did not mean it would necessarily be allowed. Mr. Monahan said that they would talk with Mr. Coleman and Ms. Beery regarding this issue and return on April 9. 7. PRIORITIZATIGiv .AND DISCUSSION OF COUNCIL GOALS C a. Staff Report: City Administrator Mr. Monahan suggested that the Council set this discussion aside until after the Executive Session or continue it to next week. i Council agreed by consensus to set the discussion aside until after the Executive Session. r, b. Council Discussion & Prioritization 8. NON-AGENDA ITEMS A. Fern Street property acquisition Mr. Monahan distributed to the Council copies of the resolution prepared by the City ' Attorney s office declaring the need to acquire property for the purpose of open space preservation, specifying the Fern Street property in Hillshire Woods. He explained that he and the City Attorney needed this authorization in order to ro d ith p cee w negotiations with the property owner per Council's prior direction. Motion by Councilor Hunt, seconded by Councilor Rohlf, to adopt Resolution No. 96-17. Mr. Monahan noted that the last provision on p. 2, Item 4, referred to compensation not to exceed the value established by the authorized appraisal for the property. He said that he had understood that they would not be limited to that. Councilor Hunt suggested substituting the phrase "the amount authorized by the City Council at the February 27 meeting. E CITY COUNCIL MEETING MINUTES - MARCH 12, 1996 - PAGE 8 L~ k~ Motion by Councilor Hunt, seconded by Councilor Rohlf to amend the motion to i (r1 revise the fourth paragraph to read "the amount authorized by the City Council meeting of February 27, 1996. The City Recorder read the number and title of the resolution. Resolution No. 96-17, a resolution of the City Council of the City of Tigard, Oregon, declaring the need to acquire property for the purpose of open space preservation. The motion was approved by a unanimous voice call vote of the Council present. i (Mayor Nicoli and Councilors Rohlf, Scheckla, Hunt and Moore voted "yes.") B. Water District Building Mr. Monahan stated that during the City's evaluation of its needs for office space, staff considered using the Tigard Water District building that was currently underutilized. He said that in the pabt couple of months they have talked with the other owners of the building - the City of Durham, the City of King City, and the Tigard Water District - asking if it was appropriate for the City of Tigard to use it for additional space, and if so, would they be interested in leasing or selling the space to Tigard. Mr. Monahan reported that the City of Durham has responded favorably with a letter from their City Administrator Steve Feldman agreeing that it would be appropriate for Tigard to use a greater portion or all of Durham's portion in exchange for public works assistance. He said that Norman Penner, Tigard Water District Chair, in his letter, stated that there was disagreement within their membership and that they have deferred - their decision until after the discussion at the IWB tomorrow night. He said that the City of King City was still thinking about. L Mr. Monahan said that staff would make a presentation to Council regarding space needs ` and possible options at the next work session. Mr. Monahan stated that he told their partners, based upon the information on the valuation placed on the building in the study done by EES in 1994, that Tigard owned approximately 76% of the building. He said that he told them that if they wanted to sell the building to Tigard, they could start negotiations at the percentage of the value of the building owned by each partner. Councilor Hunt stated that he thought that EES had done a poor job in allocating the cost; they only allocated distribution cost based on delivery assets and failed to include anything about machinery or the building. Mr. Monahan concurred, stating that staff had had to get a valuation of the building from another source. CITY COUNCIL MEETING MINUTES - MARCH 12, 1996 - PAGE 9 f 1- f Councilor Hunt said that another point that bothered him was how were the costs distributed - based on the number of units or on the assessed value? He said that he didn't know how it was done. Mayor Nicoli asked if the agreement included how to resolve disagreements. Councilor Hunt said no because everyone had accepted the EES report without question. Mayor Nicoli suggested that since the first agreement was silent on the issue that they negotiate to reach agreement by all parties on a method to reach valuation. Councilor Hunt suggested that if the Tigard Water District did agree to lease the building rather than purchase it, then the lease should be reviewed periodically (every five years at least) to reassess the proportion of ownership held by the Water District. He said that they should be made aware during negotiations that their lease would decrease over time. Mayor Nicoli pointed out that since the Tigard Water District served the unincorporated areas within the UGB, eventually, in theory, they would own nothing as Tigard annexed 1 everything within its UGB. Councilor Hunt said that Council should have input on the length of the lease so that they would know how long they would have this space in their planning for expansion. He explained that if the lease was set to expire in five years, they needed to know that in order to decide if they wanted to build a new building by then to accommodate their expansion. Mayor Nicoli concurred with Councilor Hunt's point but expressed concern that if Tigard paid the cost of putting another building on that property or expanded the building that 11 the value of those additions stayed with the City of Tigard, so they wouldn't have to buy back what they built. L' Councilor Hunt noted the issue raised by Mr. Polaris regarding inclusion of the cost of the land. He said that Mr. Monahan had stated at the last IWB meeting that the costs did not include the land. He said that he agreed with the King City councilor who had raised the issue that if Tigard leased the building, then they had to lease also the land the building sat on. Mr. Monahan stated that they could include the value of the land if Council wanted them ` to but pointed out that he had given the partners what he thought was the high end valuation based on the percentages in the EES report. He said that they couldn't do anything with the land anyway and that the land value would not depreciate. He asked the Council if they wanted to sell or lease the building and then work out the details. i; CITY COUNCIL MEETING MINUTES - MARCH 12, 1996 - PAGE 10 Councilor Hunt expressed concern that King City, Durham and the Tigard Water District continue to feel well treated by Tigard in this situation. He noted that they had been reluctant to come into this because they thought that "Big Brother" would dictate terms but that due to the efforts of Ed Wegner, they felt that they were being treated fairly. Mayor Nicoli commented that they needed to ask the IWB to come to terms with how to dispose of assets like the building and the triangular piece of property in front of PGE that belonged to the Water District. He suggested asking the IWB to amend the agreement to agree on how to dispose of the assets. He agreed with Councilor Hunt's point about reevaluating ownership percentages; though Durham and King City would not change much, the Tigard Water District would. Councilor Hunt asked if the money Tigard received from the rental of Canterbury for the school district went to the other three entities. Mr. Monahan said all the monies went into the water fund. Councilor Hunt said that he thought that they should be consistent with the monies received from property rental; if the Canterbury property rent went to the water fund, then so should the building rent (rather than the building rent going to the separate entities). Mr. Monahan said that it could be done that way but noted that the Canterbury lease was negotiated prior to Tigard's involvement in the water district. He said that they had thought perhaps in the situation with the water building it might benefit the other entities to receive their payment in something other than cash, such as like services. Mayor Nicoli noted that Councilor Hunt and Mr. Monahan would take these issues to the IWB meeting tomorrow night. t Mr. Polaris asked what was the total costing of the building and the land. Mayor Nicoli said that the amount and distribution of the money would be decided in the negotiations. > EXECUTIVE SESSION: The Tigard City Council went into Executive Session under the provisions of ORS 192.660 (1) (d), (e), & (h) at 8:45 p.m. to discuss labor relations, real property transactions, current and pending litigation issues. As you are aware, all discussions within this session are confi dential; 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. Mayor Nicoli reconvened the meeting at 9:18 p.m. > Mayor Nicoli reviewed the situation with the Phil Lewis school property, and problems which concerned ODOT. He said that he understood that the deal between the school district and the developer was cancelled although Gordon Martin was going to try to keep the deal alive. He stated that ODOT wrote a letter last week putting everyone on notice that they intended to buy two acres; however it is not known why they selected that amount of i acreage. I CITY COUNCIL MEETING MINUTES -MARCH 12, 1996 -PAGE 11 Ads- - Mayor Nicoli commented that the I-5/217 st 5/217 interchange (one at Hunziker and one a that only one of those two flyovers would be 1 everyone else wanted the Dartmouth flyover. to state publicly that it would not push the I review, and ODOT wanted Tigard to say tha Mayor Nicoli reported that he told both of the the options as long as there were possibilities would wait to see who came up with funding Mayor Nicoli noted the school district's edit believed that ODOT violated the intent of th announcing their intent to purchase two acre: today that he would be happy to sit down w since they haven't done that yet. He said th; know how much right of way they needed y He mentioned that the school district had taB going out to the voters for a bond. > Councilor Hunt asked if Gene Seibel's resigna Mr. Monahan said that he did not think so. 1 ends before he left, and that he wanted to sel Mayor Nicoli recessed the study session at 9:30 Mayor Nicoli reconvened the business meeting ai Mr. Monahan noted the 30 Council goals listed detail, including timelines and costs involved, j direction on from Council. He suggested that the goals they wanted to pull out as Council goals f goals but would be put elsewhere. He proposed The Council reviewed their goals. g 1 1. Resolve the issue of authority between the Mr. Monahan said that they would try to following a discussion next week at the P 1 whether or not the CITs should participat give their input on this authority issue. M would be taken care of quickly. CITY COUNCIL MEETING MINUTES - MAR H uggested two possible flyovers at the I- tmouth). He said that he had understood ODOT wanted the Hunziker flyover and aid that the school district wanted Tigard cer flyover in their Comprehensive Plan ouldn't put Dartmouth in the Plan. it he would not support deleting either of funding the projects separately; the City in the Thursday paper. He said that he bal agreement that had been reached by s said that he had told the school district DOT and the district to talk about this, last week ODOT had said they did not y wrote the letter specifying two acres. )out using the City and ODOT to justify could make any difference in the TVWD. A that Mr. Seibel wanted to tie up loose ird as much water as possible. p.m. taff. He said that those that had some those that they thought they had some icil differentiate between which of the 30 s year and those that were still Council ategory as "city-wide goals." i and CITs. .ve this at the Council meeting in May, ' tg Commission. The Council discussed he discussion, deciding that they should )nahan said that he thought that this goal 2, 1996 - PAGE 12 l 2. Complete triangle rezoning and transportation elements in 1996. Mr. Monahan noted that staff had a tight timeline on this. Councilor Rohlf asked for a project schedule to track this goal. Mr. Monahan noted that this was a major goal. 3. Complete 99W analysis, adopt findings and design standards. Mayor Nicoli noted that they had a task force looking at this. Councilor Moore mentioned that he did not think that the Council had a representative on this task force. He said that he had been attending as a Planning Commission representative and could continue to attend as a Council representative. He said that the Planning Commission would need to find an additional representative. 4. Rewrite the Development Code. Mr. Monahan noted that this was an important goal. Councilor Rohlf asked if this would take into account the changes from Metro. Mayor Nicoli commented that this rewrite would clean up and streamline the Code but that they didn't know yet exactly what Metro would do. Mr. Monahan said that they could run it on parallel tracks since they knew what Metro wanted to do. 5. Complete long-term water supply; secure long-term water source. ' Mr. Monahan said that this was a city-wide goal. 6. Create a sewer extension program. Mr. Monahan said that he had discussed this with Councilor Hunt and suggested that staff have this done within the next nine months so that people could apply during the ` winter for spring construction. f Councilor Hunt commented that this goal was something that the City Council has been willing to do for the last two years but that it kept getting postponed. Mayor Nicoli suggesting waiting on this until they got their new City Engineer on board. Mr. Monahan said that Greg Berry would coordinate development services with Mr. ` Hendryx and that Gary Alfson would contract out for other projects. Councilor Hunt ! suggested assigning Mike Miller to help with this but Mr. Monahan noted that Mr. Miller was a technician, not a special engineer. Mr. Monahan suggested asking Greg Berry to make whatever progress he could until the new engineer was hired. Mayor Nicoli asked about the process for hiring a new engineer. Mr. Monahan said that the closing deadline was April 8. He explained that they would also advertise Mr. Alfson's position but that they intended to use the pool of engineers gathered through this CITY COUNCIL MEETING MINUTES - MARCH 12, 1996 - PAGE 13 t ~ hiring process for the City Engineer as a source for project engineers. Mayor Nicoli t t I noted that the new City Engineer might also have a list of people he would suggest for Mr. Alfson's position. 7. Develop long range and short term space plans and evaluate funding alternatives. Mr. Monahan said that staff would bring six different recommendations on the 5-10-20 year projections in space needed. He said that they would not be talking about funding as that was the next step. } 8. Develop a plan to address the problems of Tigard's homeless. Mr. Monahan said that Liz Newton had submitted a memo updating the status of efforts to address this problem. He said that RITE was in middle of raising $600,000 for construction. Councilor Hunt commented that if they did get a long range building plan, perhaps they could plan a portable building as a fair weather shelter. Mr. Monahan said that another option which he did not advocate was converting the i auditorium to office space. He mentioned the TCYS building as a possibility. Mayor Nicoli stated that it was being used but that during the day most of the staff was out doing site visits. Councilor Scheckla suggested moving TCYS to the quieter building upon Canterbury. The Council discussed the suggestion. Mr. Monahan noted that staff did store records at that site. Mayor Nicoli suggested reviewing the homeless situation around midsummer after the RITE people finished their fundraising drive; the City would then know where they were headed. Councilor Hunt reported that he met with the RITE people two months ago and that they i. _ told him that if they had any surplus money they would put in a severe weather shelter but that their priority was for the RITE center. 9. Finalize long-range plans for Cook Park. Mayor Nicoli said that he and Councilor Hunt would present to the Council in 30 days the big and small picture for the City. Mr. Monahan noted that this was a city-wide goal. t 10. Develop IGA with Washington County for areas in the UGB. Mr. Monahan said that though they had to get this going by July 1, the more discussions they had with the County, the less attractive it looked. He said that the information showed that there wasn't as much development activity or revenue as the County had I { CITY COUNCIL MEETING MINUTES -MARCH 12, 1996 -PAGE 14 E i been leading them to believe. He said that staff has raised several questions and expressed concern over drainage problems that impact King City and who was responsible for solving the problems. Mayor Nicoli pointed out that less than one-third of the mountain has been developed and there was already a serious problem. He said that Tigard should drive this because the County could care less. He suggested doing a master plan for that side of the mountain, similar to the one they did for Fanno Creek. He said that he was not suggesting taking any money out of their budget to fund improvements until the land was annexed into the City. He commented that the more they could get development to pay for now, the less the City would have to pay later. Mayor Nicoli said that John Rosenberger told him yesterday that they were committed to getting this done quickly. Mr. Monahan said that both sides were trying, and that he thought the information was coming together. Mayor Nicoli suggested setting up meetings with USA and Mr. Rosenberger to suggest a master plan for that side of the mountain. 11. Develop annexation policy, especially for island areas. Councilor Hunt commented that prior to staff doing any work on this goal, Council needed to decide on whether or not they would force annexation. He said that previously he had been the only one in favor of forced annexation but that based on discussions he's had, the opinions on the Council might be changing. Mayor Nicoli concurred and noted that it was scheduled for a study session. Mr. Monahan suggested waiting until after the Boundary Commission discussions so they would know what structure they were dealing with. Councilor Scheckla expressed concern over what happened with Portland's attempts at annexation. Mayor Nicoli said that there was no relationship between the Portland fiasco and what Tigard would do; Tigard would not offer people a discount to come into the i City. Councilor Rohlf asked for more information on the promise made by Tom Brian. He said that a discussion would affect his vote. Councilor Hunt said that Mr. Brian had had no authority to write the letter he wrote. 12. Update Planning Fees Mr. Monahan said that the planning fees would be effective July 1. 13. Promote use of Metro Greenspaces funds for the Tualatin River and Fanno Creek. Mr. Monahan clarified that this was a different fund than that used to purchase the Fern Street property. He noted that this was a city wide goal. CITY COUNCIL MEETING MINUTES - MARCH 12, 1996 - PAGE 15 i, _ E Mayor Nicoli said that they would recommend using $175,000 of Metro's funds for Cook f Park and Fanno Creek. 14. Evaluate use of traffic calming devices for SW North Dakota. Councilor Rohlf asked that staff go back to the neighborhood to find out what they wanted at this time. He suggested including it in the first element. Councilor Rohlf noted that this goal tied in with Goal 25, and expressed concern that it was singled out. Mayor Nicoli said that he would prefer to let it stand alone. 15. Consider issues of affordable housing. Mayor Nicoli said that they had two people looking at low income housing. He reported that Sheila Fink left a message that they were looking at LaPaz Villa on Greenberg Road to build possibly before Tiffany, even though they had some funding for Tiffany. Councilor Hunt commented that he hoped that they wouldn't hold off on LaPaz until after Tiffany because Tiffany had so many problems to solve. Mayor Nicoli said that Ms. Fink said they were looking into LaPaz because the negotiations on Tiffany have slowed down. Councilor Scheckla noted that the owner has inflated the price on Tiffany. Mayor Nicoli commented that something the City could do to prevent that situation from developing in the future was to put together a minimum housing code to keep functional bathrooms, smoke alarms, etc. Mr. Monahan said that he would add "Consider development of a minimum housing code" to the Council goals. Mayor Nicoli noted that there were model codes available for adoption. 16. Participate in the Youth Center Study. Mr. Monahan said that he would like to add administration and not have just Ron involved. The Council discussed their desire to have an emphasis on youth programming as opposed to a youth center. Mayor Nicoli commented that the group Ron worked with was looking at setting up activities in space available already in the City, rather than at a dedicated facility. I 17. Support passenger rail service planning through Tigard. f Mr. Monahan noted that this was a long term goal and suggested making it an ongoing responsibility of engineering. He suggested that staff prepare a list of differentiating between those goals that were on a tight timeline (within a year) and those that were not. 18. Reevaluate the City's street lighting policy. CITY COUNCIL MEETING MINUTES - MARCH 12, 1996 - PAGE 16 Mr. Monahan identified the deteriorating wood light poles. item, each pole costing betweei options for poles and the costs i 19. Define and develop Tigard's apl Mr. Monahan noted that this wa be more aggressive and take a 1 Metro said. Mr. Monahan note( input on the 2040 process; he sa down and give input. 20. Improve media relations. Mr. Monahan said that Ms. Nev 21. Conduct Visioning process. Mr. Monahan said that there ne dollar amount. He pointed out work. 22. Develop City's direction for the The Council agreed to tie this gc ' 23. Develop measurements for our g Mr. Monahan said that they woul . 24. Integrate Council into City Coml i Mr. Monahan said that Paul DeBi the Council on the computer systi to find out what Council neede Councilor Hunt suggested getting 25. Develop a neighborhood traffic n Mr. Monahan noted that this wa.,, Gary and Liz, and that one of the CITY COUNCIL MEETING MINUTES sues, including the need to identify and replace e said that staff has put $48,000 in the budget for this $600 to $800 a piece. The Council discussed other rolved. oach to working/dealing with Metro. a long term goal. The Council discussed the need to d in the region instead of simply responding to what :hat on April 2 Metro would be holding a meeting for that everyone - city officials, staff, CITs - should go )n was handling that. i ' ( { ed to be further discussion about this and about the at everyone had to agree to do this or it would not C owntown Area. into the visioning process. l compliance. present a formal status report to update the Council. ter system. yn would be at the work session next week to update } i. He said that he told mr. DeBruyn that he needed before staff could come up with a cost element. direct line in, rather than using a phone line. nagement program.' ( i city wide goal. He said that he would meet with i would attend the remaining meetings. MARCH 12, 1996 - PAGE 17 26. Develop a long range plan for development and maintenance of city streets. Councilor Moore noted the successful bond measure passed a few years ago for several main streets. He said that he would like to see that happen again, and that he thought it would be well supported. Mayor Nicoli concurred, providing they identified the right streets that the voters could identify with. Mr. Monahan suggested lengthen out the third element to three months and add consideration of a levy. Staff could go out to the CITs and see where the major street problems were; they could get some ball park figures to make a recommendation on the - amount of the bond. Mayor Nicoli noted that Beaverton would not allow projects unless they undergrounded the utilities. He noted the improvement along Greenburg Road since they undergrounded E the utilities. 27. Develop a long term computer system. Mr. Monahan said that Paul DeBruyn would speak to Council about this week. The E Council discussed software costs. 28. Conduct Charter review for November '96 election. ? Mr. Monahan said that this could be a big or small projects; it could be done as housekeeping or a charter review committee. He said that he would not recommend a charter review committee. Councilor Hunt suggested going through the charter and give any suggestions to the staff. He said that the entire charter was reviewed since he's been on the Council. The Council discussed changing the requirement to run for a specific position. 29. Investigate feasibility of contracting for water meter reading. Mr. Monahan said that staff set the timeline at December 1996. Councilor Rohlf said that this goal might take high priority if Council looked at it as a policy issue to try to privatize some government services. He said that he supported it. Mr. Monahan suggested changing it to something other than water. f Councilor Rohlf noted that the Phoenix plan was saving a lot of money by getting bids for delivery of services. He reviewed how ODOT lowered expenses by getting cities and the private sector to bid against each other. Mr. Monahan said that they could include this in discussions with the IWB. CITY COUNCIL MEETING MINUTES - MARCH 12, 1996 - PAGE 18 rz I - 30. Explore the development of an Employee Wellness Program Mr. Monahan said that they were interested in staff training in other areas also, including ' ethics training for the Council (e.g. identifying conflicts of interests). He said that they i have found that what the state allowed was not the same as what they allowed in their personnel rules. Councilor Hunt cited an example of a company building an exercise room and allowing employees extra lunch time to use as a way to increase employee wellness. 10. ADJOURNMENT: 10:38 p.m. ° n2 " Attest: ntherine Wheatley, City Recorder May 9Cty//of Tigard Date: ~7l C[ l q(~ ~J E i r - F f r ~.m•.} `r.J CITY COUNCIL MEETING MINUTES - MARCH 12, 1996 - PAGE 19 I COMMUNITY NEWSPAPERS, INC. Legal P.O. BOX 370 PHONE (503) 684-0360 Notice TT 8 415 BEAVERTON. OREGON 97075 E _ > ' 'v E.Legal Notice Advertising l 19`al' I' i' *City of Tigard ' ' ° ❑ Tearsheet Notice 13125 SW Hall IIiGAAkt., 7 Y •Tigard,Oregon h 3'-819 ° ❑ Duplicate Affidavit *Accounts Payable:Terry • I AFFIDAVIT OF PUBLICATION STATE OF OREGON, COUNTY OF WASHINGTON, I, Kathy Snyder being first duly sworn, depose and say, that 1 am the Advertisingg Di t hi T d-T l - rec or, or igar s principal clerk, of the ua atin T~ mes a newspaper of general circulation as defined in ORS 193.010 and 193.020; published at Tigard in the afofesaid county end state; that the CitV Council Business Meeting i a printed copy of which is hereto annexed, was published in the entire issue of said newspaper for ONR successive and consecutive in the following issues: I March 7,1996 " s Subscribed and sworn to fore me this7th day of March, 1990- ` (yt P^ 3Ul :S Nota blic for Oregon NOT Ai IC C GON NO. 0246152 I My Commission Expires: , MY COM ° ON EXPIAES MAY 16,1997 AFFIDAVIT f ! f T TheI agen Bouli Stud} • Busin C I 1 • .r • • T V ving meeting highlights are published for your information. Full maybe obtained from the City Recorder; 13125 S.W. Hall I, Tigard, Oregon 97223, or by calling 639.4171. CITY COUNCIL BUSINESS MEETING MARCH 12, 1996 TIGARD CITY HALL - TOWN HALL 3125 S.W. HALL BOULEVARD, TIGARD, OREGON ang (Red Rock Creek Room) (6:30 P.M.) ecutive Session: The Tigard City. Council may go into ecutive Session under the provisions of ORS 192.660 (1) (d); & (h) to discuss labor relations, real property transactions, Tent and pending litigation issues. ;end; Review electing (Town WI) (7:30 P.M.) it Consideration: tal Order on the Comprehensive Plan Amendment (CPA) -0006 Phil Lewis School Site Request: To amend the mprehensive Plan map from Public Institutional to General' mmercial (C-G) on the Phil Lewis School site. Location: nhweat comer of Hwy 217 and S.W. 72nd Avenue. ordinance amendingg Title 14 of the Tigard Municipal Code to ipt the most ctumnt State of Oregon and other Codes, Standards 1 Rules necessary for the continued administration of the lding insimdon program. Driftation and discussion of Council goals. . [land mitigation proposal - Bowen Development (South of nmer Creek, East of 135th Avenue) 5 - Publish March 7. 1996. I CITY OF TIGARD, OREGON AFFIDAVIT OF POSTING In the Matter of the Proposed STATE OF OREGON ) County of Washington ) ss. City of Tigard ) begin first duly sworn, on oath, I, 1A 1A depose an say: That I posted in the following public and conspicuous places, a copy of Ordinance ' Number (s) q (n - N l7 which were adopted at the Council Meeting dated Iq$6 copy(s) of said ordinance(s) being hereto attached and by reference made a part hereof, on the _ dayofU>`,c~. , 19gb 1. Tigard City Hall, 13125 SW Hall Blvd., Tigard, Oregon 2. Tigard Library, 13125 SW Hall Blvd., Tigard, Oregon 3. Tigard Water Department, 8777 SW Burnham, Tigard, Oregon Subscribed and sworn to before me this -a day of , 19 qL a.r~ b. ""r °I SEAL Notary Pub • for Oregon HAYES JBLIPOREGON +usslaN NO. 042148 My Commission Expires: Sao, 5.15 4 E IM CfhL!.: ~SION EXPIRES MAY 05. ,'e ' Y Pi . i:ladm,Jo\nftpost.doc " A CITY OF TIGARD, OREGON (f ~ ORDINANCE NO. 96-JU ` J , AN ORDINANCE AMENDING TITLE 14 OF THE TIGARD MUNICIPAL CODE TO ADOPT THE MOST CURRENT STATE OF OREGON SPECIALTY CODES, STANDARDS AND RULES AND DECLARING AN EMERGENCY. ' WHEREAS, Tigard Municipal Code Title 14 "Buildings and construction," provides regulations for buildin and g construction; and WHEREAS, effective April 1, 1996, the state is amending the structural, mechanical plumbin and on d , g e an two family dwelling codes; and WHEREAS, effective October 1, 1996, the state is amending the electrical code; and WHEREAS, the appropriate and current state codes, standards and rules must be enforceabl i e n Tigard to effect the continued regulation of building construction in Tigard; and WHEREAS, Senate Bill 36, effective September 9, 1995, grants municipalities who ha ve assumed local building inspection programs concurrent jurisdiction to administ Q er any specialty code or building requirement adopted by the 'state without adoption of th e codes through local ordinance; and WHEREAS, in recognition of the fact that Title 14 currently adopts the 1993 state codes specifically and that we now have concurrent jurisdiction granted b S t y ena e Bill 36, Tigard desires to amend its ordinance to contain language referring to this co ~ ncurrent authority to eliminate the need to amend Title 14 every time the t t i s a e updates the codes; and WHEREAS, Tigard desires to continue to regulate excavations; and grading and WHEREAS, Tigard desires to regulate hazardous process pining; and WHEREAS, Title 14, Chapter 24 contains regulations for swimming pools which will be regulated i h n t e state codes beginning April 1, 1996, and will therefore become redundant; r NOW, THEREFORE, THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1. Title 14 Section 14.040.030 paragraph (a) is amended to r d ea as follows: ORDINANCE No. 96- Page 1 - t (a) Except as otherwise provided in this chapter, the following codes, standards and rules are adopted and shall ~ be in force and effect as part of this municipal code: ` (1) Under the authority of ORS 455.153 (effective 9/5/95), Tigard administers those specialty codes and building requirements adopted by the state which Tigard is granted authority to administer, including: the Structural, Mechanical, Plumbing, Electrical and One and Two Family Dwelling Specialty Codes; mobile or manufactured dwelling parks requirements; temporary parks requirements; manufactured dwelling installation, support and tiedown requirements and park or camp requirements (as listed in ORS 455.153). (2) Appendix Chapter A33 of the 1994 Uniform Building Code, as published by the International Conference of Building Officials, regarding Excavation and Grading, including the recognized standards for Appendix Chapter 33 listed in Part III of Chapter 35 of the 1994 Uniform Building Code; (3) Section 104.2.6 of the 1994 Uniform Building code, as published by the International Conference of Building Officials, regarding Liability; (4) Appendix Chapter 14 of the 1994 Uniform Mechanical Code, as published by the International Conference of Building Officials, regarding Process Piping, except as modified in Title 14, Section 14.040.030, paragraph (a), subparagraph (5); (5) Section 1401 of Appendix Chapter 14 of the 1994 Uniform Mechanical Code, as published by the International Conference of Building officials, regarding Process Piping is modified to read as follows: The regulations in this chapter shall govern the installation of hazardous process pining in or in conjunction with a building or structure or located upon the premises; SECTION 2. Title 14, Chatiter 24 is hereby revealed. SECTION 3. Title 14, Section 14.04.40(b) is amended to read as follows: (b) Administration and enforcement of Appendix Chapter 33, Excavation and Grading, as adopted by Section f 14.04.030(a)(2), shall be by the building official and city engineer. Where the term "building Official" is used in Appendix Chanter 33, it shall mean: either the building official or city engineer, Y ORDINANCE No. 96-/C Page 2 SECTION 4. Title 14, Section 14.04.050 is hereby repealed. SECTION 5. Title 14, Section 14.04.060 is amended to read as follows: Section 109.1 of the Structural Specialty Code more fully described in Section 14.04.030 (a) (1) of this chapter is amended to eliminate the following language: "EXCEPTION: Group R, Division 3 and Group U occupancies." The remainder of Section 109.1 is adopted in full. SECTION 6. Inasmuch as it is necessary to amend the Municipal Code so adopt the most current state codes and standards to that proper authority exists for the regulation of construction, i an emergency is hereby declared to exist, and this ordinance shall become effective on April 1, 1996. f PASSED: By U n ctn lyAou5 vote of all Council members present after being read bv_ number and title only, this la"~ day of 1996. ~CttG1~Ll+LQ ~rL /Qy Catherine Wheatley, City R order APPROVED: B Ti d Ci y gar ty Council this day of 1996. J- Nicoli, Mayor Approved as to form: U/It P torney Z 2 oti~z~ ~C~ Date is\cty-~:de\cr3\.1t1..i96 J l OHDIN?NCE No. 96-1 U Page 3 r~ AGENDA ITEM NO.. 2•- VISITOR'S AGENDA` 't DATE: Mach 12;1996 (Limited to 2 minutes or less, please) f Please sign on the appropriate sheet for listed agenda items. The Council wishes to hear from you on other issues not on the agenda, but asks that you first try to resolve your concerns through staff. Please contact the City Administrator prior to the start of the meeting. Thank you. STAFF CONTACTED NAME, ADDRESS & PHONE TOPIC Liv 400 V/ t r I I:LdmlJolvhihhlda - e_ MEMORANDUM CITY OF TIGARD, OREGON TO: Honorable Mayor and City Council FROM: William A. Monahan, City Administrator DATE: March 11, 1996 SUBJECT: City of Tigard's Interest in the Water Building We are presently considering purchasing additional interest in the Water Building from our partners in the IWB, City of King city, city of Durham, and the Tigard Water District . Councilor Hunt asked that staff research whether the City of Tigard's share in the building has changed since the 1994 study performed by EES. With the annexation of properties ` from the unincorporated areas, it appears the City's share should be growing. However , much development is occurring within the unincorporated portions of Bull Mountain. As a result, Tigard 's share of the assets is not necessarily growing. I asked that Wayne Lowry update the information, based upon development and water connections occurring since the EES study. In addition, I asked that Wayne evaluate the potential impact of Tigard annexing the entire Walnut Island area. The results show that using updated factors for growth since the study, Tigard's interest has decreased. Assuming the Walnut Island annexation, however, Tigard's share would be restored to slightly over the percentage of owner hi h s p s own in the 1994 study. Following are the percentages of ownership generated by Wayne's analysis. I suggest we i discuss this information at an upcoming council meeting. OwnPrchio Interest Bas.4a iI oon h 4 R wort~yn 19yd• Tigard Water District 17 59% . City of Tigard -73.38% City of Durham 2.31% City of King City 6.73% ! t p h l t Memo to Council March 11, 1996 Page Two 1995-96 Ownership interest, Based non Updating Factors: Tigard Water District 20.01% i City of Tigard 71.30% { City of Durham 2.82% City of King City 6.05% Percenta B if th kd d l E ti e ge rea own nut Islan n re Wa Area Were Annexed to the C" Tigard: Tigard Water District 1739% 4 City of Tigard 73.74% City of Durham 2.82% City of King City 6.05% The estimate for the Walnut Island annexation includes an estimate that the assessed r valuation of the island is $45 million, and that the number of water meters is 430. In addition, Wayne has estimated the water consumption within the island is at the average for the entire Tigard Water District. These are the factors upon which the initial study was based. WAMVh ti c: Wayne Lowry i Ed Wegner L•1aftUMwwO 96.doc ec Arroi NkV Af LAW ` 1020 S.W. Taylor St., Ste. 760: POrtli~h~d~~ft l - ~~03~ 22 A17$ 9 225-0980 Pat i ~ebttty 14, 1996 Jane Cease, Director, Dept. Of Motor Vehit teg 1905 Lana Ave. NE Salem, Or 97314 i i Dear Ms. Cease,: I represent Mr Jack Polans. My client hall MdeVbd tWti to1+13t 6066 evaluations at the request of the DMV in the last year or 96.:$fith ftoib hijt client passed with flying colors. At this point my client justifyably feds'thot It tiny fiitthet t6ts ate required it will be harrassment on the part of your agenCy.. In the last evaluation my client provided Medical p1b6f that his vision is fine. In the future please contact his office pA1 i to the ttquirlAg of any future form 6066 evaluations. siticei~ly, . bOUGLAS $$LOOF DB:cab Agenda Rem No. 3. Meeting of Updated 3/04/96 TENTATIVE COUNCIL AGENDAS (Note: Items underlined are associated with the Council's Statement of Priorities or are scheduled to follow-up a Council matter or request.) f Date: March 19, 1996 Type: Workshop (No TV) Start Time: 6:30 p.m. Workshop Meeting Topics: r > CIT Communications > Update - Computer Systems (Paul dell) > Ron Graybeal - Agent of Record to discuss insurance issues > Joint Meeting - Planning Commission (7:30 p.m.) • Update on Metro 2040 • Role Discussion - Planning Commission/CITs 0 R d i ecommen at ons from Planning Commission • Guidelines on Communications from City Council - i e . what are expectations? • Rationale/reason/feedback if Council disagrees with recommendation from Planning Commission c > Status of Boundary Commission (Jim H., Ray V.) + > Visioning - Discussion continued from the 2/26/96 Council meetin g (Liz, Loreen) t (Note: Items underlined are associated with the CoundYs Statement of 1 Priorities or are scheduled to follow-up a Council matter or request.) I Date: March 26, 1996 r Meeting Cancelled. - I ~ t. I I . 4 (Note: Items underlined are associated with the Council's Statement of Priorities or are scheduled to follow-up a Council matter or request.) Date: April 9, 1996 Type: Business (TV) Start Torre: 6:30 p.m. Study Meeting 7:30 p.m. Business Meeting i Study Session: > Agenda Review Consent Agenda: > Approve Council minutes > Receive at File: Administrator's Memorandum - Whether a rate adjustment should be considered based on the Solid Waste Hauler's Annual reports submitted in March. Business Meeting: > Public Hearing: Annexation - Lundemark (Ray V.) > Public Hearing: Annexation - Henning (Ray V ) . > Public Hearing: Zone Ordinance Amendment - 96-0001 - Undergrounding Utilities Exception (Dick B.) > Continuation of Hearing (if necessary) - Hilshire Woods Prase 11 . 1 ~ (Council action of 2/27/96) - (Jim H.) f (Note: Items underlined are associated with the Council's Statement of Priorities or are scheduled to follow-up a Council matter or request.) Date: April 16, 1996 Type: Workshop (No TV) Start Time: 6:30 p.m. Workshop Meeting Topics: > CIT Communications 8E Meeting with CIT Facilitators and Staff Resource Teams (1 hour) > Update to Council: Employee Recognition Events i i F- l I V i f (Note: Items underlined are associated with the Council's Statement of Priorities or are scheduled to follow-up a Council matter or request.) Date: April 23, 1996 i` Type: Business (TV) Start rune: 6:30 p.m. Study Meeting 7:30 p.m. Business Meeting Study Session: > Agenda Review Consent Agenda: > Approve Council minutes Business Meeting: > TVEDC Update - Mary Tobias > Ordinance Consideration: Library Trespass (Estimate 30 minutes E needed) (Kathy D.) w.. 1 ITEMS PENDING - DATES TO BE SCHEDULED • Annexation Comprehensive Plan Changes vim) • Transportation Comprehensive Plan Changes (Jim) • Surface Water Quality Treatment Facilities - Staff Report on Information Requested by Council on September 1995 (Engineering Dept.) • OPEU Contract Negotiations - approval of new contract (Sandy) • Community Development Code Amendments - Buffering (Jim) a Engineering Fees (Engineering Dept.) • Dartmouth LID Financing Hearing (Gary, Wayne) • Items to be scheduled after City Vision Statement process is completed by Council: • Half Street Improvement Policy (Engineering) Note: L' CIT facilitators and resource teams meet with Council for 1 hour at the work session meetings in January, April and September. All Workshop Meetings - schedule a time for CIT updates and Metro 2040 Updates. l:VogfMathyVenngen r r ' 3_a b Council Agenda Item MEMORANDUM f CITY OF TIGARD, OREGON ' TO: Honorable Mayor and City Council FROM: Bill Monahan, City Administrator i/ ll DATE: March 4, 1996 SUBJECT: COUNCIL CALENDAR, February through April, 1996 Regularly scheduled Council meetings are marked with an asterisk If generally OK, we can proceed and make specific adjustments in the Monthly Council Calendars. t r March *12 Tues Council Meeting - (6:30 p.m.) Study Session t Business Meeting j 14 Thurs Budget Committee Meeting - (6:30 p.m.) *19 Tues Council Workshop Meeting - (6:30 p.m.) *26 Tues Council Meeting Cancelled April t *9 Tues Council Meeting - (6:30 p.m.) Study Session Business Meeting *16 Tues Council Workshop Meeting - (6:30 p.m.) *23 Tues Council Meeting - (6:30 p.m.) Study Session Business Meeting 25 Thurs Volunteer Dinner - (6:00 p.m.) Tigard Christian Church May [ % *14 Tues Council Meeting - (6:30 p.m.) Study Session Business Meeting *21 Tues Council Workshop Meeting - (6:30 p.m.) 27 Mon Memorial Day Holiday - City Offices Closed *28 Toes Council Meeting - (6:30 p.m.) Study Session Business Meeting is\adm\cathy\cccai.doc - ~r 1 ti jt l t ~ r - 4 Council Calendar -Page 2 - 7 L I 1. AGENDA ITEM # 3 For Agenda of March 12. 1996 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Budget n for Metro Greenspaces local share funds i PREPARED BY: Wayne DEPT HEAD OK CITY ADMIN OK ISSUE BEFORE THE COUNCIL Shall the Tigard City Council approve a budget adjustment for the expenditure of funds for park land acquisition and improvements to be received from Metro from the regional greenspaces bond measure? STAFF RECOMMENDATION Staff recommends approval of the budget adjustment. INFORMATION SUMMARY In May 1995, voters approved the Metro greenspaces bond issue. The City of Tigard is to be allocated C$758,000 from the bond proceeds to be reimbursed to the City as Property is purchased or improvements are made. These funds were not included in the 1995/96 budget and in order to spend the funds in 1995/96, a budget adjustment is necessary. ' Local Budget Law allows this type of budget adjustment to be made by resolution outside of the supplemental budget process as long as the funds received by the City are for a specific purpose. i Metro greenspace funds must be used only for park land acquisition and or improvements. The attached resolution therefore complies with budget law and approval of it will make the necessary adjustment to the 1995/96 budget to allow expenditure of the funds. OTHER ALTERNATIVES CONSIDERED No budget adjustment is necessary if funds will not be spent until 1996/97. FISCAL NOTES This budget adjustment sets up a new fund called Metro Greenspace, recognizes revenue of $758,000 and establishes appropriations for the expenditure of the funds. i:tcitywide\sumWetrog m cwheatley02-29-96 4:30 p.m. OWN ISSUE/AGENDA TITLE Authc Avenue Project. PREPARED BY: G Alfson Acquisition of right of v I Adoption of the attached AGENDA ITEM # q t For Agenda of March 12. 1995 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Authorization o right of way acguisition for the Tiedeman Avenue Bridge Project. PREPARED BY: G Alfson DEPT HEAD OK CITY ADMIN OK " ISSUE BEFORE THE COUNCIL Acquisition of right of way for the Tiedeman Avenue Bridge project. i STAFF RECOMMENDATION Adoption of the attached resolution. INFORMATION SUMMARY ® Additional right of way and easements are necessary in order to construct the proposed improvements for the Tiedeman Avenue Bridge project. The resolution is a standard procedure for projects which require additional right of way and easements. Council adoption of the attached resolution is necessary in order to ensure that the project can be constructed in a timely manner. OTHER ALTERNATIVES CONSIDERED t FISCAL NOT The cost of the right of way and easement acquisitions is funded as part of the Tiedeman Avenue Bridge CIP project. The City will be refunded 90% of the total costs from the State. AGENDA ITEM # - C. f For Agenda of March 12. 1995 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Authorization for right of way acquisition for the Grant Avenue Bridge Prolect PREPARED BY: G Alfson DEPT HEAD OK ~N CITY ADMIN OK ISSUE BEFORE THE COUNCIL Acquisition of right of way for the Grant Avenue Bridge project. i STAFF RECOMMENDATION Adoption of the attached resolution. INFORMATION SUMMARY Additional right of way and easements are necessary in order to construct the proposed improvements for the Grant Avenue Bridge project. The resolution is a standard procedure for projects which require additional right of way and easements. Council adoption of the attached resolution is necessary in order to ensure that the project can be constructed in a timely V" manner. 1i OTHER ALTERNATIVES CONSIDERED FISCAL NOTES The cost of the right of way and easement acquisitions is funded as part of the Grant Avenue Bridge CIP project. The City will be refunded 900 of the total cost from the State. ga\g-t-ro- res a CITY OF TIGAI COUNCIL AGENDA ISSUE/AGENDA TITLE Award contra r PREPARED BY: J HAn:.y DEPT HEAD OK ISSUE BEFORE 7 Award contract for GIS control survey ar to sign the contract. _ STAFF RECOMN Award the project to Orbitech, the firm Washington County Surveyor and John Hadl INFORMATION The GIS Control Survey will be utilized System to establish an accurate base ma] referenced. The control survey will ini base map which contains the property lii _ The current base map contains errors as Survey is part of the GIS implementatioi Clbasis for recording and disseminating ii On February 1, 1996, twelve bids (listed evaluated using the following criteria: to do the control within the allotted ti Haner, Ross, And Sporseen Inc., Gla ASCG Inc., Beaverton David Evans and Associates Inc., Po Menasha Corporation Inc., North Ben Entranco, Bellevue, Wa Merrick Engineers and Architects, A G. E. Raleigh And Associates, Inc., Eagle GPS Survey Corp., Beaverton Psomas and Associates, Portland Hardey Engineering and Assoc. Inc., Orbitech, Bend Cochran, Nelson and Associates, Por OTHER ALTERNATIVE FISCAL Ni Funding for this project is budgeted in 1 ti portion of the 1995/96 budget. The util: $25,000 and the remaining $5,000 will be unrestricted fund. z:\~r„vonr.~r\ctsccer..ss AGENDA ITEM # ? J G~• For Agenda of 3 - 12 - 96 D, OREGON :TEM SUMMARY for r Control Survey ' CITY ADMIN OK YE COUNCIL 3 authorize the City Administrator - ENDATION Seemed most qualified by the ay, Engineering Tech III-Surveyor. SUMMARY by the Geographic Information upon which all other maps will be rease the accuracy of the parcel es of all properties within Tigard. great as 80 feet. This Control to create an accurate computerized formation. below), were received. They were qualifications, personnel, ability ie, and cost. f istone $ 55,885 j $ 53,920 7tland $ 52,000 $ 49,250 $ 45,850 irora, CO $ 45,445 Portland $ 42,910 $ 36,289 $ 32,716 Medford $ 29,930 $ 29,700 land $ 28,948 3 CONSIDERED RTES he sanitary sewer unrestricted ty mapping line item designated from the total sanitary Agenda Item No.~ MEMORANDUM Meeting of 3 is 1 g tP `f CITY OF TIGARD, OREGON TO: Honorable Mayor 8t City Council FROM: Cathy Wheatley, City RecorderC, DATE: March 5, 1996 SUBJECT: Comprehensive Plan Amendment 95-0006 (Phil Lewis School Property) r i The findings for the above-referenced matter were not available from the applicant ! for the March 12, 1996 meeting. The applicant will advise the Council on or before March 12, 1996, when they plan to submit the final order for Council's review and consideration. fA1og1n\athy\cwc0305.96 i f i w 03/11/96 MON 16:42 FAX 509 220 2480 szoe + STOEL R - ~ A T T 0 R SrANDARDLNSUR 900 SW WIW Aver eormaND, DXBC . vhone t503uutue0 , - TDO 003)2 intrmG www March 1 VIA FACSIMILE Mr. Ray Valone City of Tigard Planning Department 13125 SW Hall Blvd. . Tigard, OR 97223 Re: Application by Tigard-Tualatin Dear Ray- I am writing to confirm, on behalf of City Council approval of the findings on thi Vera • MU NEC] MCR:ipc cc (via facsimile): Mr. Wayne Rembold Mr. Steve Preece Mr. Rece Bly ~ J PDXIA•240".1 99999 0006 Rives 1 @j 002 i LLP; _ F Y S =c6NTM surr6 = 97=4-lt66 'S03)Z26UM 00 loan 1996 111 HAII. C Rom mw 06WCDW PM"WM chool District AGENDA ITEM # For Agenda of March 12. 1 .996 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY _Ordinance amending Title 14 o h Tigard Municipal current State of Oregon Specialty Codes Standards EPT HEAD OK CITY ADMIN OKL ( , IS 1E B •FOR . THE COUNCIL Title 14 to adopt the most current State of Oregon ndards and rules necessary for the continued f uilding inspection program. i nance amending Title 14. SECTION 1: SB 36, effective September 9, 1995, grants municipalities who have assumed local building inspection programs concurrent jurisdiction to administer any i. specialty code or building requirement without adoption of the codes through i local ordinance. Currently, Title 14 adopts codes by referencing specific state documents by date and title, which was required prior to the effective date of SB 36. Effective April 1, 1996, the state will adopt its latest versions of the codes (except electrical, which will be updated in October 1996). Title 14 must be amended to remove the reference to specific state documents by date and to add reference to our concurrent jurisdiction pursuant to SB 36. Such reference will enable Tigard to administer the most current versions of the state codes upon their adoption by the state without the need to amend Title 14 each time. There are some specific provisions and appendix chapters of the model codes which are adopted by the state which are not included in the state's adoption, but are available for local adoption. If a municipality wishes to enforce these provisions they may by local adoption. Tigard currently does this with the building code appendix chapter regulating excavations and i grading. This ordinance will continue our adoption of this appendix. Further, a mechanical code appendix regulating process piping is now # available for local adoption. These provisions are especially important to -.ensure that hazardous process piping is installed in a safe manner. The ~,_iappendix, however, regulates all process piping, including milk, for 1 ~example. This ordinance adopts the provisions but amends the scope of l t li i i C ) regu a ion to m t t to hazardous process piping only. This is the course . of action being pursued by several other municipalities. SECTION 2: Title 14, Chapter 24 currently contains provisions regulating swimming - pools. The codes to be effective April 1, 1996, will contain provisions regulating swimming pools. Therefore, to avoid local inconsistency and redundancy, Chapter 24 must be deleted. SECTION 3: Because the new codes are effective April 1, 1996, which is less than 30 days from the date of Council action, an emergency must be declared to allow these amendments to be effective on April 1, 1996. It should be noted that the state has not made its amendment packet to the codes available yet and to date has distributed the final draft which was sent to the publisher. Because of ambiguities regarding the possibility that substantial portions of the administrative provisions of the state codes might be deleted this cycle, it was necessary to wait until this late date to ensure that Title 14 could be amended to most accurately reflect the state's actions and ensure Tigard has the necessary administrative authority O for the continued administration of its building inspection program. i i. OTHER ALTERNATIVES CONSIDERED None. L FISCAL NOTES No fiscal impact. I ` i l~ CITY OF TIGARD, OREGOI, ORDINANCE NO. 96- AN ORDINANCE AMENDING TITLE 14 OF THE TIGARD THE MOST CURRENT STATE OF OREGON SPECIALTY COI AND DECLARING AN EMERGENCY. WHEREAS, Tigard Municipal Code Title 14 "Buil provides regulations for building and construct WHEREAS, effective April 1, 1996, the state is mechanical, plumbing and one and two family dwe WHEREAS, effective October 1, 1996, the electrical code; and WHEREAS, the appropriate and current state coc must be enforceable in Tigard to effect the building construction in Tigard; and UNICIPAL CODE TO ADOPT STANDARDS AND RULES, ngs and Construction," n; and lending the structural, ing codes; and ate is amending the standards and rules ntinued regulation of - uiuiuclpaliLies wno nave assumed local building inspection programs concurrent jurisdiction to administer any specialty code or building requirement adopted by the state without adoption of the codes through i-, local ordinance; and WHEREAS, in recognition of the fact that Title 14 currently adopts the 1993 state codes specifically and that we now have concurrent jurisdiction granted by Senate Bill 36, Tigard desires to amend its ordinance to contain language referring to this concurrent authority to ' eliminate the need to amend Title 14 every time the state updates the L codes; and WHEREAS, Tigard desires to continue to regulate grading and excavations; and WHEREAS, Tigard desires to regulate hazardous process piping; and y WHEREAS, Title 14, Chapter 24 contains regulations for swimming pools which will be regulated in the state codes beginning April 1 1996 and , , will therefore become redundant; NOW, THEREFORE, THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: Title 14 Section 14.040.030 paragraph (a) is amended to read as follows: ORDINANCE No. 96- Page 1 t~ (a) Except as otherwise provic following codes, standards and r be in force and effect as part of (1) Under the authority of 9/5/95), Tigard administers building requirements adopted is granted authority to ac Structural, Mechanical, Plum and Two Family Dwelling Sp manufactured dwelling parks parks requirements; manufactu: support and tiedown require requirements (as listed in ORE (2) Appendix Chapter A33 of Code, as published by the Ir. Building Officials, regardinc including the recognized stanc 33 listed in Part III of Chap1 Building Code; (3) Section 104.2.6 of the 15 as published by the Inte Building officials, regarding (4) Appendix Chapter 14 of th Code, as published by the In Building Officials, regarding modified in Title 14, Secti (a), subparagraph (5); F" (5) Section 1401 of Appendix L Uniform Mechanical Code, International Conference c regarding Process Piping i; follows: The regulations in the installation of hazardous conjunction with a building upon the premises; SECTION 2. Title 14, Chapter 24 is hereby re] SECTION 3: Inasmuch as it is necessary to an adopt the most current state coc proper authority exists for the r( an emergency is hereby declar ordinance shall become effective c PASSED: By vote of a. after being read by number and ti day of 1996. ORDINANCE No. 96- Page 2 i in this chapter, the es are adopted and shall :his municipal code: ORS 455.153 (effective ose specialty codes and y the state which Tigard Lnister, including: the ng, Electrical and one ialty Codes; mobile or requirements; temporary d dwelling installation, :nts and park or camp 655.153). to 1994 Uniform Building =ational Conference of Excavation and Grading, rds for Appendix Chapter r 35 of the 1994 Uniform 6 Uniform Building Code, rational Conference of .ability; 1994 Uniform Mechanical :rnational Conference of rocess Piping, except as 1 14.040.030, paragraph Chapter 14 of the 1994 s published by the Building Officials, modified to read as its chapter shall govern )rocess piping in or in r structure or located aled. id the Municipal Code so 3 and standards to that ulation of construction, i to exist, and this April 1, 1996. Council members present e only, this A + Catherine Wheatley, City Recorder i.' APPROVED: By Tigard City Council this day of , 1996. e James Nicoli, Mayor Approved as to form: _ F City Attorney Date is\citywide\ord\tit14.496 •I { - S r 1 ORDINANCE No. 96- Page 3 J % f ,wo AGENDA ITEM # a For Agenda of March i 1,996 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Consider ordinance Amending Tiga r3 Municipal Code Chapter 13.09 Reimbursement Districts PREPARED BY: Legal DEPT HEAD OK CITY ADMIN OK Counsel to' ISSUE BEFORE THE COUNCIL Should the reimbursement district be revised as suggested in the attached draft ordinance. STAFF RECOMMENDATION E Adoption of the attached ordinance. i i r , ` - INFORMATION SUMMARY The attached draft ordinance was prepared by Legal counsel subsequent to t= discussion by the City Council at their February 27, 1996 Council meeting. ~z OTHER ALTERNATIVES CONSIDERED Incorporate any additional changes Council may suggest after their review of the proposed ordinance. EIS A NOTES N/A - is\citywide\sum\reimb.doc _ - ter` CITY OF TIGARD ORDINANCE NO. _ AN ORDINANCE AMENDING CHAPTER 13.09, REIMBURSEMENT DISTRICTS OF THE f TIGARD MUNICIPAL CODE. WHEREAS, the City Council finds that Chapter 13.09 of the Tigard Municipal Code should be updated; now, therefore: THE CITY OF TIGARD ORDAINS AS FOLLOWS: Section 1. Section 13.09.010(9) is amended to read as follows: "Reimbursement Fee" means the fee required to be paid by a resolution ' of the City Council and the reimbursement agreement. Section 2. Section 13.09.020, Application for a Reimbursement District is amended to read as follows: (1) Any person who is required to or chooses to finance some or all of the cost of a street, water or sewer improvement which is available to provide service to property, other than property owned by the person, C' may, by written application filed with the city Engineer, request that the ' City establish a reimbursement district. The street, water and sewer improvements must include improvements in addition to or in a size greater than ;those which would otherwise ordinarily be required in , connection with an application for permit approval and must be available to provide service to property other than property owned by the applicant. L Examples include but shall not be limited to full street improvements instead of half street improvements, off site sidewalks, connection of street sections for continuity, extension of water lines and extension of sewer lines. The City may also initiate formation of a reimbursement district. The application shall be accompanied by a fee, as established by resolution, sufficient to cover the cost of administrative review and notice pursuant to this Chapter. (2) The application shall include the following: (a) A description of the location, type, size and cost of the public improvement to be eligible for reimbursement. f Ordinance No. Page 1 :z y r ` JI i i (b) A map showing the properties to be included in the proposed reimbursement district; the zoning district for the properties; the front footage or square footage of said properties, or similar date necessary for calculating the apportionment of the cost; and the property or properties owned by the applicant. (c) The estimated cost of the improvements as evidenced by bids, projections of the cost of labor and materials, or other evidence satisfactory to the City Engineer. (d) The estimated date of completion of the public improvements. Section 3. Section 13.09.030, City Engineer's Report, is amended to read as follows: 3 Ordinance No. Page 2 i J The City Engineer shall review the application for the establishment of a reimbursement district and evaluate whether a district should be established. The Engineer may require the submittal of other relevant information from the applicant in order to assist in the evaluation. The Engineer shall prepare a written report for the City Council, considering and making recommendations concerning the following factors: (a) Whether the applicant will finance some or all of the cost of a street, water or sewer improvement, thereby making service available to property, other than property owned by the applicant; (b) The area to be included in the reimbursement district; (c) The estimated cost of the street, water or sewer improvements within the area of the proposed reimbursement district and the portion of the cost for which the applicant should be reimbursed; (d) A methodology for spreading the cost among the parcels within the reimbursement district and where appropriate defining f a"unit" for applying the reimbursement fee to property which may, I with City approval, be partitioned, altered, modified, or subdivided at some future date. The methodology should include consideration of the cost of the improvements, prior contributions by property owners, the value of the unused capacity, rate-making principles employed to finance public improvements, and other factors deemed relevant by the City Engineer. Prior contributions by property owners will only be considered if the contribution was for the same type of improvement and at the same location (example: a sewer-related contribution in the same location as a . sewer improvement would be considered, a water-related contribution in the same location as a sewer improvement would not be considered); (e) The amount to be charged by the City for administration of the agreement by the City. The administration fee shall be fixed by the City Council and will be included in the resolution approving and forming the reimbursement district. The administration fee is due and payable to the City at the time the agreement in Section 13.09.070(2) is signed. (f) The period of time that the right to reimbursement exists if the period is less than fifteen years. Section 4. Section 13.09.040, Amount to be Reimbursed, is amended to read as follows: (1) The cost to be reimbursed to the applicant shall be limited to the cost of construction, engineering, and off-site right of way. Engineering shall include surveying and inspection and shall not exceed 13.5% of eligible construction cost. Costs to be reimbursed for tight of way shall be limited to the reasonable market value of land or easements purchased by the applicant from a third party to complete off-site improvements. (2) No reimbursement shall be allowed for financing costs, permits or fees required for construction permits, land or easements dedicated by the applicant, costs which are eligible for traffic impact fee credits or systems development charge credits, or any costs which cannot be clearly documented. (3) No reimbursement shall be allowed for construction costs that ' occur prior to the formation date of the reimbursement district. (4) Reimbursement for legal expenses shall be allowed only to the extent that such expenses relate to the preparation and filing of an 4 application for reimbursement, and to working with the City through the ' Engineer's Report and formation public hearing stages of an application. Ordinance No. _ Page 3 E (5) A reimbursement fee shall be computed by the City for all properties which have the opportunity to utilize the improvements, including the property of the applicant for formation of a reimbursement district. The applicant for formation of the reimbursement district shall not be reimbursed for the portion of the reimbursement fee computed for the property of the applicant. Section S. Section 13.09.050(2) is hereby repealed. Section 6. Section 13.09.070, City Council Action, is amended to read as follows: (1) After the public hearing held pursuant to Section 13.09.050, the city Council shall approve, reject or modify the recommendations contained in the City Engineer's report. The City Council's decision shall be embodied in a resolution. If a reimbursement district is established, the resolution shall include the City Engineer's report as approved or modified. (2) When the applicant is other than the City, the resolution shall instruct the City Administrator to enter into an agreement with the applicant pertaining to the reimbursement district improvements. The agreement shall be contingent upon the improvements being accepted by the City. The agreement, at a minimum, shall contain the following r provisions: (a) The public improvement(s) shall meet all applicable City standards. (b) The estimated total amount of potential reimbursement to the applicant. (c) The applicant shall defend, indemnify and hold harmless the City from any and all losses, claims, damage, judgements or t. other costs or expense arising as a result of or related to the City's establishment of the district. j (d) The applicant shall acknowledge that the City is not obligated to collect the reimbursement fee from affected property owners. (e) Other provisions as the City Council determines necessary and property to carry out the provisions of this Chapter. Ordinance No. _ Page 4 L (3) If a reimbursement district is established t date of the formation of the district shall be the da adopts the resolution forming the district. (4) The City Council resolution and reimbur determine the boundaries of the reimbursement dis the methodology for imposing a fee which reimbursing the applicant for financing the constr or sewer improvement within the reimbursement Section 7. Section 13.09.105, Final Public Hearing, is added to rep (1) Within three months after completion improvements, the applicant shall submit to the cost of the improvements as evidenced by rece similar documents. The City Engineer shall revi shall prepare a written report for the City Council i to the report prepared under 13.09.030. (2) The final cost shall not exceed by mo estimated at the time of reimbursement distric exception is approved by the City Council. approved only if the applicant can show legitimat the control of the applicant which cause the cost : (3) Within a reasonable time after the City Eng report required in subsection (1), the City ( informational public hearing in which any per; opportunity to comment on the recommended rev c: (4) Failure to provide the documentation requi result in the automatic lapse of any resolution adof pursuant to section 13.09.050. Following th provided for herein, and subject to the limitations city Council shall have the authority to approve, reimbursement district. i Ordinance No. _ Page 5 a I I~ i the City Council, the that the City Council ment agreement shall ict and shall determine insiders the cost of :tion of a street, water [strict. as follows: ,d acceptance of the :y Engineer the actual its, invoices or other v the actual costs and ;ommending revisions than 10% the cost formation unless an n exception may be circumstances beyond crease. leer has completed the )uncil shall hold an n shall be given the ions. d by this section shall A by the City Council final public hearing ovided for herein, the -,scind, or modify the _ Section 8. Section 13.09.110, Obligation to Pay Reimbursement Fee, is amended to read as ~ ,r follows: (1) The applicant for a permit related to property within any reimbursement district shall pay the City, in addition to any other applicable fees and charges, the reimbursement fee established by the Council, if within the time specified in the resolution establishing the district, the person applies for and receives approval from the City for any of the following activities: (a) A building permit for a new building; (b) Building permit(s) for any addition(s), modification(s), repair(s) or alteration(s) of a building, which exceed twenty-five percent (25%) of the value of the building within any 12-month period. The value of the building shall be the amount shown on the most current records of the County Department of Assessment and Taxation for the building's real market value. This paragraph shall not apply to repairs made necessary due to damage or destruction by fire or other natural disaster; (c) Any alteration, modification or change in the use of real property, which increases the number of parking spaces required under the tigard Community Development code in effect at the time of permit application; (d) Connection to or use of a water improvement, if the reimbursement district is based on the water improvement; V (e) Connection to or use of a sewer improvement, if the reimbursement district is based on the sewer improvement; (f) Connection to or use of a street improvement, if the reimbursement district is based on the street improvement. (2) The City's determination of who shall pay the reimbursement fee is final. Neither the city nor any officer or employee of the City shall be liable for payment of any reimbursement fee or portion thereof as a result of this determination. Ordinance No. - Page 6 t I ~ t l (3) A permit applicant whose property is subject to payment of a reimbursement fee receives a benef t f th i f i rom e construct on o street improvements, regardless of whether access is taken or provided directly onto such street at any time. Nothing in this ordinance is intended to modify or limit the authority of the City to provide or require access management. (4) No person shall be required to pay the reimbursement fee on an application or upon property for which the reimbursement fee has been previously paid, unless such payment was for a different type of improvement. No permit shall be issued for any of the activities listed in ? subsection 13.09.110(1) unless the reimbursement fee has been paid in f , full. Where approval is given as specified in subsection 13.09. 1 10(l), but no permit is requested or issued, then the requirement to pay the reimbursement fee lapses if the underlying approval lapses. (5) The date when the right of reimbursement ends shall not extend ` r r beyond fifteen years from the district formation date. l PASSED: By vote of all Council members present after being read by number and title only, this day of , 1996. Catherine Wheatley, City Recorder APPROVED: This day of , 1996. r Jim Nicoli, Mayor f Approved as to form: City Attorney Date PlbX %90024Xre®b-arl(3/6/96) Ordinance No. _ Page 7 F J L~ 1. AGENDA ITEM # / l For Agenda of March 12. 1996 f 7 - CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Prioritization and Discussion of Council oat i PREPARED BY: W. Monahan DEPT HEAD OK CITY ADMIN OK ISSUE BEFORE THE O iN rr Should City Council adopt goals as developed at the City Council goal setting meeting of February 6, 1996? r. STAFF RECOMMENDATTION Staff has listed the 30 goals developed by Council and staff at the February ' 6, 1996 goal-setting session. Staff has identified the Executive staff member(s) responsible for coordinating the goal, developed timelines for goal completion and, where applicable, described steps necessary to complete ® the goal. Council should provide input as to prioritization of the goals. In addition, it would be helpful to determine a short list of City-wide goals which can be Tigard's goals. The remaining goals can be labeled as departmental goals. INFORMAT ON tM ARY A list of 30 draft goals is presented to Council for action. The City-wide goals, once adopted, will be listed within the City budget and departments will incorporate the goals into their work plans. O'T'HER ALTFRNATTVF ON TD RFn 1. Take no action. 2. Modify the list of goals. is\citywide\sum\cgoals.doc FISCAL NOTES ~ I _ 'r r , _ .v is ~ Draft Goals from the Ci C E7) ty ouncil Meeting of February 6, 1996 Exec. Staff i Member 1. Resolve the Issue of the authority of both the Liz PC and CITs. Present the final resolution at the May meeting of City Council and CIT facilitators. No additional funds or staff are needed. 2. Complete triangle rezoning and transportation elements Jim in 1996. (Includes Toolbox, design, transportation system, multi (mixed) use zoning, etc.) Hire consultant. Follow work program to final rezoning in November. 3. Complete 99W analysis, adopt findings and design r.' Jim standards. Adopt standards in December 1996. 4. Rewrite the Development Code. Jim Commit resources to review sections of the Code , identify those needing change, prepare draft changes, conduct public review and hearings, finalize in R June, 1997. 5. Complete long-term water supply; secure long-term Ed/Bill water source. a. Decide on Lake Oswego TVWD Portland who how , , , , much, when we buy by April 15 to go to Portland j City Council, if we want to buy more from Portland at a reduced rate. 't b. Develop long-term services so Tigard can budget water costs, rates, CIP more effectively by January 1, 1997, for next FY budget process. Long term water supply on-going, always considering Lake Oswego, Willamette, more TVWD or long-term j. t~;J purchasing contract with Portland? Create a Sewer Extension program. Gary/Greg 07 Proposed: Develop a program to determine the areas requiring Sanitary Sewer service and prioritize the implementation of projects. Elements i 3 months 1. Identify unsewered areas requiring service. 3 months 2. Notify neighborhoods to determine interest. ; 3 months 3. Perform preliminary design to determine location and cost. 3 months 4. Conduct public meetings to establish priorities. 3 months 5. Form reimbursement districts. Annually 6. Design and construct. To determine the City-wide program would take one year to ! develop. If individual areas stressed an immediate need for sanitary sewer service and were identified as a top priority, this may be accomplished the first year. 7. Develop long-range and short-term space plans and Liz evaluate funding alternatives. Present a recommendation to City Council on March 27, 1996. 8. Develop a plan to address the problems of Tigard's Bill homeless. Elements: 3 months Reconvene the Homeless Task Force to review the 1994 study and the steps taken to implement their recommendations. 3 months Evaluate the effectiveness of the efforts to date addressing the recommendations. Develop a 1996-97 plan. 9. Finalize long-range plans for Cook Park. Mayor/ Bill/Jim/Ed 6 months Develop concrete ideas of what City wilipurchase, divide purchase responsi- bilities and answer funding questions. Develop funding agreement. 10. Develop IGA with Washington County for areas in Jim our UGB. By July 1 Review options and issues, develop draft IGA identifying programs, costs, personnel issues. Begin implementa- tion if all details can be worked out and the Agreement is determined to be at least a break-even for Tigard. 11. Develop Annexation policy especially for island areas. Jim Develop policy by January 1997. 12. Update Planning Fees. Jim Proposed: Update (Planning) Engineering Fees to recover staff time utilized in the development review process. Present for Council action in May, 1996. ^ Elements i 1. Determine total in-house cost for development review. 2. Gather information from neighboring jurisdictions regarding their fee structure. 1 month 3. Prepare report for Council review and approval. 2 months 4. Conduct public meetings. 1 month S. Notify developers of updated fees. I 1: A study was conducted in 1992 and 1994 and concluded that view t l . re opmen our fees do not recover the cost for deve These studies indicated that an increase from 4% currently to 6% would recover almost all of our costs. 13. Promote use of Metro Greenspaces funds for the Jim/Ed Tualatin River and Fanno Creek. Ongoing assignment. 14. Evaluate use of traffic calming devices for S.W. Gary/Council North Dakota Elements 3 months 1. Conduct historical review of what has been proposed and denied and what has been installed. 3 months 2. Conduct traffic study to determine extent p . , of problem. 3 months 3. Evaluate any new methods and coordinate with Police Department. i j 3 months 4. Draft report for Council consideration. 15. Consider issues of Affordable Housing. Jim/Duane Develop working relationship with Community Partners for Affordable Housing. Share information and determine possible roles for City to play. 16. Participate in the Youth Center study (of private Ron interest groups), consider the results, and determine City position on developing a youth center. PSU Professor Howe's graduate class is doing the community assessment and will present their findings on March 18. The Chief will forward their report to the Council. The report should determine if there is a need for such a center in Tigard and if there is community support for it. d/ 17. Support passenger rail service planning through Tigard. Gary/ s Council Elements 1. Attend meetings and provide support data as required. 2. Coordinate with Community Development and Council. 18. Reevaluate the City's street light policy. Gary Elements 1 month 1. Define current policy. 1 month 2. Determine number of "private" street - lights and annual energy costs. 1 month 3. Determine method of conversion of private i to public. 4. Evaluate long-term financial impact of converting exiting and accepting new. f 5. Present findings to Council i 19. Define and develop Tigard's approach to working/dealing Bill/Jim 1 0, " with Metro. Monitor the 2040 process and participate at appropriate points. 20. Improve media relations. Liz Assistant to City Administrator to present a plan to City Administrator on April 30, 1996. No additional funds or staffing will be needed. 21. Conduct Visioning process. Liz/Loreen If we start the process March 1, 1996, we estimate completion on June 30, 1997. The estimated cost is \ $131,780 which includes one additional FTE. 22. Develop City's direction for the Downtown Area. Bill Complete acquisition of Burlington Northern property and develop parking lot. Arrange for Chamber and Downtown Merchants' management of the lot. Work with Merchants to carry out their plan to complete expenditure of City funds dedicated to their efforts. Present recommendations to Council for future action. 23. Develop measurements for our goal compliance. (Quarterly Bill update of goal compliance). Present goal compliance status report at July, October, January and April study session meetings of Council. 24. Integrate Council into City Computer system (e-mail, Paul s packet information, Internet). Training for Council. Develop proposal and budget by June. Present cost analysis to Council and determine implementation schedule. Train Council. 25. Develop a neighborhood traffic management program. Greg/Kelley Elements 3 months 1. Assist Traffic Calming committee with public meetings and coordinate with Police Department. j. 3 months 2. Develop a step-by-step program of resolving ! I conflicts, listing alternatives available. ! Greg Berry and Kelley Jennings to participate as staff liaisons E to grassroots committee. Monthly meetings will begin in March. After six meetings, findings will be presented to Council; this presentation is tentatively set for September 1996. t 26. Develop a long-range plan for development Ed and maintenance of city streets. Within FY 1996197, develop, inventory and begin priori- tization of City streets for maintenance and development. This will be done in close coordination with Engineering and Community Development. Elements: i 1 month 1. Determine backlog of major maintenance j needs including reconstruction, overlays, slurry seals, and structural dig-out repairs. 3 months 2. Determine the preventative maintenance needs for all other roads based on over- laying major roads every 10-20 years and slurry sealing local road every 7-15 years. 1 month 3. Determine annual pavement maintenance budget required to prevent deterioration. ` . 2 months 4. Coordinate with Maintenance Services and I present report to Council for consideration. i 27. Develop long-term computer system (hardware, software). Paul ' Public access to information. Prepare update of computer plan for Council discussion f in March. Present recommendations to Budget Committee. 28. Conduct Charter review for November '96 election. Cathy The November 1996 election is a general election and, therefore, if we have any measures on the ballot, we will not have to pay the County to have the voters consider any of our measures. Listed below are some of the reasons why the Council may want to consider offering amendments to the Charter: • A general review of the Charter to determine if sections need to be updated. • Two items have been identified as good areas to review: > Consider changing the requirement that candidates for a Council office have to file for Position Nos. 1, 2, 3, or 4. > Review and update "Oath of Office" language. Council may want to consider appointing a Charter Review Committee to make recommendations. The filing deadline for the November election is September S. It is recommended that if Council decides to appoint a Review Committee that Council consider and make a final decision on any proposals no later than their August 13, 1996 meeting. 29. Investigate feasibility of contracting for water meter Ed reading (as model for comparing internal cost and contracting out. By December 1996. The Maintenance Services and Finance staffs will complete an investigation and be prepared to implement results of investigation, if any, in FY 1997/98 I budget. 30. Explore the development of an Employee Wellness Program. Sandy Many businesses have found that promoting employee health and preventing illness and disease is good sense for workers and businesses alike. This proposed program would institute programs and policies that aim for improving health habits and pursuing wellness for City employees. Anticipated steps would include: i . 1. Determining what approach the City wants to take in offering a program, and how "aggressive" or involved the City wants to be. Include determining any fiscal or policy perimeters. 2. Conducting a needs assessment. Ask employees what they actually need and want to help determine what we want to provide. l 1 - C 3. Evaluating the costs of services, and requesting funding where appropriate. 4. Establishing some measurement standards for tracking the impact, utilization, and satisfaction of services. ` t. ANTICIPATED COMPLETION DATE: November 1, 1996 f:Vogin%cathy%g oa Is 266.96 t V - tff I, 1 1 I t, t ~f MEMORANDUM CITY OF TIGARD, OREGON TO: Executive Staff FROM: Cathy Wheatley DATE: March 6, 1996 SUBJECT: Council Goals i f As discussed in Exec Staff meeting this morning, attached is the staff report as well as the list of Council goals. Please review and advise Bill before next Tuesday any thoughts you have on the goal list; i.e., does a goal appear to be a "citywide" goal, or your department's j goal. If you identify the goal as your department's goal, will you be able to accomplish the goal with existing resources? 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