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City Council Packet - 08/27/1996 A 4 oF'i1CARID QRS:c;ota .m 00 Colj T t4CIL t IGARC CITY 1 ' I I14G ; AUGUST V9 1996 EE-rr~~ WILL CoUt4 .TeLEVISED t } C F. I 1 ~Y 1 3 [503) b39-A171 TDR [503) 66A-2n2 13125 S N Kali Blvd., f~gasd. OR 9722 f ~ I i TIGARD:C~•I`l( COUNCIL CITY OF TI^ARD BUSINESS'MEETMG PUBLIC NOTICE: ' AUGUST 27, 1996 6.30 1'M Anyone wishing to speak on an agenda TIGARD CITY HALL item should sign on the appropriate sign- IS 125 SW HA1LL CMD up sheet(s). If no sheet is available, ask TIRD, Qd2EG91V 97223 to be recognized by the Mayor at the beginning of that agenda item. Visitor's Agenda items are asked to be two minutes or less. Longer matters can be set for a future Agenda by contacting either the Mayor or the City Administrator. . j Times noted are estimated: it is recommended that persons interested in testifying j be present by 7:15 p.m. to sign in on the testimony sign-in sheet. Business _ agenda items can be heard in any order after 7:30 p.m. Assistive Listening Devices are available for persons with impaired hearing and should be scheduled for Council meetings by noon on the Monday prior to the Council meeting. Please call 639-4171, Ext. 309 (voice) or 684-2772 (TDD - f Telecommunications Devices for the Deaf). `t 3 Upon request, the City will also endeavor to arrange for the following services: ! I • Qualified sign language interpreters for persons with speech or hearing impairments, and i • Qualified bilingual interpreters. i 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 - t Telecommunications Devices for the Deaf). SEE ATTACHED AGENDA I COUNCIL AGENDA - AUGUST 27,1996 - PAGE 1 ~I AGENDA Tigard City Council Meeting - August 27, 1996 6:30 p.m. • STUDY MEETING > UPDATE: Visioning Project • Assistant to the City Administrator and Management Analyst/Risk > EXECUTIVE SESSION: The Tigard City Council may go into Executive Session under the provisions of ORS 192.660 (1) (d), (e), at (h) to discuss labor relations, real property transactions, _ current and pending litigation issues. As you are aware, all discussions 1 within this session are confidential; therefore nothing from this n' meeting may be disclosed by those present. Representatives of the i news media are allowed to attend this session, but must not disclose any information discussed during this session. > Agenda Review 7:30 p.m. i 1. BUSINESS MEETING F 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 7:35 p.m. 2. VISITOR'S AGENDA (Two Minutes or Less, Please) 7:45 p.m. 3. CONSENT AGENDA: These items are considered to be routine and may be enacted in one motion without separate discussion. Anyone may request that an item be removed by motion for discussion and separate action. Motion to: 3.1 Approve City Council Minutes - July 23, 1996 3.2 Initiate Vacation Proceedings - S.W. Torland Court - Resolution No. 96--L-10- 3.3 Local Contract Review Board: a. Award Contract for City Hall Roof Remodel 3.4 Approve Community Development Block Grant Proposals - Resolution No. 96-5P COUNCIL AGENDA - AUGUST 27, 1996 - PAGE 2 { 3.5 Authorize :Mayor to Sign Intergovernmental Agreement for Preparation of an Interurban Rail Feasibility Analysis, Phase 1. 3.6 Authorize City Administrator to Approve Dedication of Reserve Strips as Rights of Way - Resoludon No. 96-3 • Consent Aapnda - 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. ~ l I 7:50 p.m. 4. PUBLIC HEARING CONTINUED FROM THE AUGUST 13, 1996 CITY COUNCIL MEETING (QUASI-JUDICIAL) - VACATION OF k APPROXIMATELY 6,445 SQUARE FEET OF PUBLIC RIGHT OF WAY LOCATED ON SW 135TH AVENUE The request was initiated by the City Council on June 11, 1996. Any interested person may appear and be heard for or against the proposed _ vacation of said public right of way. Any written objections or remonstrances shall be filed with the City Recorder by August 27, 1996, by 7:30 p.m. l a. Continue Public Hearing _ b. Declarations or Challenges C. Staff Report: Community Development Department d. Public Testimony (Proponents, Opponents, Rebuttal) e. Staff Recommendation f. Council Questions g. Close Public Hearing It. Council Consideration: Ordinance No. 96-33 j 8:10 P.M. 5. PUBLIC HEARING (LEGISLATIVE) TO CONSIDER FORWARDING CHARTER AMENDMENTS TO THE VOTERS ON NOVEMBER 5, 1996 a. Public Hearing Opened b. Staff Report (City Administration) C. Public Testimony (Proponents, Opponents) d. Staff Recommendation e. Council Questions or Comments f. Public Hearing Closed g. Council Consideration: Resolution No. 96-5-)- COUNCIL AGENDA - AUGUST 27, 1996 - PAGE 3 NEW- 8:30 p.m. 6. CONSIDER ACCEPTING BENCHVIEW STREET AS A CITY STREET • Staff Report: Community Development Director • Council Consideration 8:50 P.M. r 7. CONSIDER ESTABLISHING THE HAULER EFFICIENCY TASK FORCE • Staff Report: Management Analyst/Risk • Council Consideration 9:10 P.M. 8. DEVELOP A PLAN TO ADDRESS THE PROBLEMS OF THE HOMELESS • Staff Report: City Administrator • Council Consideration 9:30 p.m. 9. NON-AGENDA ITEMS 9:45 p.m. 10. EXECUTIVE SESSION: The Tigard City Council may go into Executive =4 Session under the provisions of ORS 192.660 (1) (d), (e), 8i (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. 10:00 P.M. 11. ADJOURNMENT 1Aadm\wthy\cca\960827. doc - i 1 COUNCIL AGENDA - AUGUST 27, 1996 - PAGE 4 U Agenda Item No. 3•~ j Meeting of 9(n TIGARD CITY COUNCIL MEETING MINUTES - AUGUST 27, 1996 j • STUDY SESSION > Meeting was called to order at 6:35 p.m. by Mayor Jim Nicoli > Council Present: Mayor Jim Nicoli, Councilors Paul Hunt, Brian Moore, and Ken Scheckla. > Staff Present: City Administrator Bill Monahan; Legal Counsel Jim Coleman; Community Development Director Jim Hendryx; Administrative Analyst Loreen Mills; Assistant to the City Administrator Liz Newton; and City Recorder i Catherine Wheatley. I > UPDATE: Visioning Project Liz Newton, Assistant to the City Administrator, reviewed the consultant selection process. She said that a committee composed of herself, Loreen Mills, Bill Monahan, and Councilor Bob Rohlf have interviewed the three finalists. She reported that they were evaluating those interviews and checking references; they hoped to have a decision made around December 6. Ms. Newton reported that John Williams, a second year public administration student at PSU, was their intern. He has been setting up the meeting schedule with various community groups. Ms. Newton said that they regularly updated the executive staff on the visioning process also. In response to questions from Councilor Scheckla, she said that the committee would select the consultant, and that they were most interested in a consultant who was local. Loreen Mills, Administrative Analyst, reported on the meeting with the School District. She and Ms. Newton met with Mary Alice Russell, the Associate Superintendent in charge of curriculum, and discovered that the School Board has directed Ms. Russell to begin a visioning process for the schools this fall. ! - Although the City and the District would each pursue its own visioning process, they felt that they could still form a strong partnership and cooperate in many j areas and share information in the process of forming similar end products for both the City and the District. Ms. Mills said that Pat Biggs was the School Board representative on the School's visioning process as Councilor Rohlf has been for the Council. She ; explained that they would meet next week with school representatives to develop age-appropriate projects for the three grades they would work with in the visioning process: 3rd, 8th and 11th. She said that once they have developed the curriculum, they would contact the private schools and offer them the opportunity to participate also. CITY COUNCIL MEETING MINUTES - AUGUST 27, 1996 - PAGE 1 I I with the Parent-Student Ms. Mills stated that Ms. Russell suggested working Alm Organizations (PSOs). Councilor Scheckla suggested betting input from foreign exchange students. Ms. Mills said that most foreign exchange students participated when they were juniors, and that they hoped to include them with the other 11th graders. i Ms. Mills reported that the School District and Board were interested and excited at this opportunity. She reviewed the future tasks staff has planned. These included selecting the consultant, announcing the project at civic and community groups (including businesses not represented by the Chamber), development of a logo by the school children, and preparing the community survey. They intended to update Council every four to six weeks. Mr. Monahan asked Council to inform staff of any feedback they received from citizens, either positive or negative. He commented on the possibilities of increasing opportunities for volunteerism in the City through this process. In response to a question from Councilor Hunt, Ms. Newton said that they intended to include areas such as Walnut Island and Bull Mountain that were not { within the city limits. They would start with the CITs (many County residents participate in them). j > Agenda Review > Councilor Hunt raised a concern regarding the presentation of agenda items. He cited a motion he made at the July 23 meeting (as recorded in the minutes) as an z example of a situation where it was very unclear exactly what action Council took. He asked staff to write up the items so that Council would know what motion to make and what language to use to make it clear, not only to the Council but to the public. Mr. Monahan concurred. y > Mr. Monahan reported that the low bid for the roof of $94,900 came in under the budgeted amount of $112,000; the architect has reviewed and noted his approval G 1 of the bidder's qualifications. Mayor Nicoli requested a change order to install new flashing on top of the i parapet to prevent leaks. In response to a question from Councilor Scheckla, Jim Coleman, Legal Counsel, stated that as long as both bidders bid on the same basic project, a change order within the rules was the appropriate way to address i the Mayor's concern. > Mr. Monahan noted the agenda packet contained copies of background information on the Dartmouth LID. Additional documentation was available for Council review if requested. { > Ms. Wheatley distributed a letter on the Benchview Estates matter that was inadvertently left out of the agenda packet. j i > Mr. Monahan advised the Council that the MPAC representative Jeanine Murrell j announced that she would not run for reelection to the Cornelius City Council. 1 CITY COUNCIL MEETING MINUTES - AUGUST 27, 1996 - PAGE 2 i Since her alternate was also interested in getting off MPAC, she has requested the cities to submit names of Councilors interested in serving on P:IPAC so she cart put them on a ballot. He asked the Councilors to consider whether or not any one of them was interested in the positions. (Recorder's Note- The process for appointment to MPAC is different from Ms. Murrell's request for action by the Washington County Cities. Mayor Drake of Beaverton will facilitate the appointment.) > Catherine Wheatley, City Recorder, presented the draft Charter language which was developed with the assistance of the City Attorney's office. Discussion followed primarily on the draft language on the changes to the Council election process. > Mr. Monahan reported that ODOT and Washington County gave the contractor until September 16 to complete Durham Road; the School District has been i advised. The delay will give an opportunity for the City to work with the contractor to do some underground wiring for the traffic signal at 79th and I Durham. This will not only avoid tearing up the new street and save the City approximately $10,000. Mr. Monahan advised that staff checked with other likely bidders on the signal who agreed with this direction, as long as they had an opportunity to compete for the rest of the signal. In response to a question from Mayor Nicoli, Mr. Monahan said that technically the street did not belong to the City yet because they signed an agreement stipulating that the acceptance of the transfer of jurisdiction would not occur until the project was complete. > Executive Session: The Tigard City Council went into Executive Session at 7:15 p.m. under the provisions of ORS 192.660 (1) (d), (3), & (h) to discuss labor relations, real property transactions, current and pending litigation issues. ff ~ I > Executive Session adjourned at 7:35 p.m. 1. BUSINESS MEETING o Call to Order - City Council & Local Contract Review Board f. Mayor Nicoli called the business meeting to order at 7:45 p.m. s Council Communications/Liaison Reports: None 111 Call to Council and Staff for Non-Agenda Items: None 2. VISITOR'S AGENDA Erin Rogers decided to wait to speak till Agenda Item 4. Gene McAdams, 13420 SW Brittany Drive, addressed the issue of dealing with the homeless in Tigard. He said that he understood that the Council would be discussing 1 this issue to set policy and asked that the Council consider that traditionally the Federal, CITY COUNCIL MEETING MINUTES - AUGUST 27, 1996 - PAGE 3 ® State, and County governments handled welfare programs. He commented that the cities were not equipped to deal with these kinds of things and lacked ttie necessary money. He asked that the Council explore all the alternatives from sources trained in dealing with people in desperate situations. 3. CONSENT AGENDA Motion by Councilor Hunt, seconded by Councilor Scheckla, to approve the Consent Agenda. Motion was approved by unanimous voice vote of Council present. (Mayor Nicoli, Councilors Hunt, Moore, and Scheckla voted "yes. 3.1 Approve City Council Minutes: July 23, 1996 3.2 Initiate Vacation Proceedings - SW Torland Court - Resolution No. 96-49 3.3 Local Contract Review Board: f a. Award Contract for City Hall Roof Remodel 3.4 Approve Community Development Block Grant Proposals - Resolution No. 96-50 3.5 Authorize Mayor to Sign Intergovernmental Agreement for Preparation of an Interurban Rail Feasibility Analysis, Phase 1. 3.6 Authorize City Administrator to Approve Dedication of Reserve Strips as Rights of Way - Resolution No. 96-51 4. PUBLIC HEARING - CONTINUED FROM THE AUGUST 13, 1996 CITY COUNCIL MEETING (QUASI-JUDICIAL) - VACATION OF APPROXIMATELY 6,445 SQUARE FEET OF PUBLIC RIGHT OF WAY LOCATED ON SW 135TH AVENUE a. Mayor Nicoli read the hearing title. b. Declarations or Challenges: None C. Staff Report Jim Hendryx, Community Development Director, presented the staff report. He reviewed the issues that came up at the August 13 meeting with regard to the area being vacated, utility easements and referenced the responsibilities of the property owners regarding the utilities. Mr. Hendryx said that only the excess road right of way on 135th would be vacated as a result of the realignment of the road; the utility easements within the right of way remained intact. He said that property owners could fence over the property and use it as a backyard but they could not construct a building on it. He said that in the case of utility repairs, it was the utility company's responsibility to restore the property to its original state. d. Public Testimony i Mayor Nicoli read the hearing criteria. ' CITY COUNCIL MEETING MINUTES - AUGUST 27, 1996 - PAGE 4 Erin Rogers, a property owner, stated that Mr. Hendryx had answered her concern about the utility's liability to restore the property in the event of damage due to repairs and asl•:ed if they could have that in writing. Councilor Moore explained that it was an unwritten policy for utility companies to restore properties to their original state for public relations considerations. Ms. Rogers asked if the City would notify them when they accessed their property to read the water meters. Mr. Monahan said that the City would give advance notification except in the case of an emergency. Ms. Rogers expressed concern about a fence blocking drainage. She said that she spoke with John Hadley on staff who confirmed that the ponds should take most of the water and that putting a fence in shouldn't be a problem. Mayor Nicoli suggested contacting the Engineering Department to explore ways to handle the drainage without blocking it. Ms. Rogers asked if the City would pick up all costs of the vacation. Mr. Monahan said yes. e. Staff Recommendation Mr. Hendryx recommended approval of the attached ordinance vacating the right of way. f. Council Questions g. Mayor Nicoli closed the public hearing. h. Council Consideration: Ordinance No. 96-33 Motion by Councilor Hunt, seconded by Councilor Scheckla, to approve - Ordinance No. 96-33. The City Recorder read the number and title of the ordinance: 4 ORDINANCE NO. 96-33, AN ORDINANCE CONCERNING THE VACATION OF APPROXIMATELY 6,445 SQUARE FEET OF PUBLIC RIGHT OF WAY , ON SW 135TH AVE IN THE CITY OF TIGARD, WASHINGTON COUNTY, OREGON. p Motion was approved by unanimous roll call vote of Council present. (Mayor Nicoli, Councilors Hunt, Moore, and Scheckla voted "yes.") I CITY COUNCIL MEETING MINUTES - AUGUST 27, 1996 - PAGE 5 5. PUBLIC HEARING (LEGISLATIVE) TO CONSIDER FORWARDING CHARTER ~ . AMENDMENTS TO THE VOTERS ON NOVEMBER S, 1996 a. Mayor Nicoli read the hearing title and opened the hearing. b. Staff Report Catherine Wheatley, City Recorder, presented the staff report. She noted the three options before Council for a resolution to propose to the voters four charter amendments, noting that reviewing the Charter was a Council goal for this year. 9 She explained that with the first language change, Councilors would no longer be elected by position but rather the highest vote getters would win whichever seats were up for reelection. Ms. Wheatley reviewed the remaining three amendments. The second f amendment added the City Manager to the Charter as an Officer of the City and specified the duties and the appointment and removal criteria. The third amendment revised the Oath of Office language. The fourth amendment revised the Charter language to make it gender neutral. Ms. Wheatley reviewed the three options presented for Council consideration as f outlined in the staff report. Mr. Monahan explained that in the current method whichever candidates filed for a given position ran for that position only; in the proposed change, the position numbers were eliminated and the candidates simply filed for a Council position as a pool. Whoever got the most votes won the position. In the case of an unexpired term vacancy, a candidate would have to file for the vacancy and . would not be part of the pool of candidates for the two full terms. Councilor Hunt noted a conflict in language in the City Manager amendment. Section 10 on Page 3 stated that the City Officers would be removed by the Mayor while Section 20A said that the City Manager would be appointed by the l City Council. Ms, Wheatley agreed that Section 10 should be changed to reflect the Council decision that the officers were to be removed by the City Council. After brief discussion, the hearing progressed to the public testimony phase. C. Public Testimony: None ! d. Staff Recommendation Ms. Wheatley recommended that the Council consider the three options and give staff direction on how they would like to proceed. ! f CITY COUNCIL MEETING MINUTES - AUGUST 27, 1996 - PAGE 6 f._ 05 e. Council Questions or Comments Councilor Scheckla asked if they could split out the amendments to vote on them i separately. Mayor Nicoli concurred with splitting out the firs: amendment from the others. Councilor Moore said that the only issue of concern to him was the method by which Councilors were elected. He said that he was neutral but leaned towards Option B, leaving the current method in place. Councilor Hunt said that he favored making the change, commenting that he initiated the idea three to four years ago because of the circumstances surrounding r his election to Council. He said that he thought that the two most qualified people as elected by the public should sit on Council, not necessarily those with sufficient money to run a campaign. He stated that if the positions were j geographic representation, he would not favor a change but the position numbers meant nothing once someone was on Council. r; Mayor Nicoli said that he thought that the change was for the betterment of the community. He pointed out that Council was not voting to adopt the change but only voting to send it to the voters to let them decide if they wanted the change. He asked if they could split the amendments on the ballot. i Mr. Coleman said that the amendments could be split on the ballot. The Council agreed by consensus to split the amendments between the election method amendment and the three housekeeping amendments. Ms. Wheatley left the meeting to prepare a draft resolution for the Council's consideration later in the evening. f. Mayor Nicoli closed the public hearing. [The Council considered Agenda Items No. 6, 7 and 8 at this time; the order of these minutes are being reported as shown in the order listed on the agenda.] r g. Council Consideration: Resolutions No. 96-53 and 96-54 i Mr. Coleman presented the two resolutions prepared by Ms. Wheatley. Option B represented the Charter amendments to add the City Manager position, change the f oath of office language and revise to gender-neutral language. Option D contained the changes in the method of electing Councilors. These two separate 1 resolutions, if approved, would go on as two separate ballot titles for two separate charter amendments. Motion by Councilor Hunt, seconded by Councilor Moore, to adopt Resolution 96-53. The City Recorder read the number and title of the Resolution No. 96-53. RESOLUTION NO. 96-53 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TIGARD SUBMITTING TO THE VOTERS A PROPOSED CHARTER AMENDMENT TO BE VOTED ON AT THE NOVEMBER 5, CITY COUNCIL MEETING MINUTES - AUGUST 27, 1996 - PAGE 7 } d f 1996, GENERAL ELECTION. Motion was approved by unanimous voice vote of Council present. (Mayor Nicoli, Councilors Hunt, Moore, and Scheckla voted "yes.") In response to a question: from Councilor Moore, Mr. Coleman clarified that Option D took out the position numbers for Council positions. Staff will need to determine a way to track Council members' terms if this change is approved by the voters. Councilor Hunt reiterated that this was a vote to let the voters decide. Councilor Moore said that he would support this proposal. j Motion by Councilor Hunt, seconded by Councilor Moore, to adopt Resolution 96-54. The City Recorder read the number and title of the Resolution 96-54. RESOLUTION NO. 96-54 , A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TIGARD SUBMITTING TO THE VOTERS A PROPOSED CHARTER AMENDMENT TO BE VOTED ON AT THE NOVEMBER 5, 1996 GENERAL ELECTION. Motion was approved by unanimous voice vote of Council present. (Mayor Nicoli, Councilors Hunt, Moore, and Scheckla voted "yes. 6. CONSIDER ACCEPTING BENCHVIEW STREET AS A CITY STREET Mr. Hendryx presented the staff report on the Benchview Homeowners Association's request that the City accept the dedication of SW Clearview Way, SW Clearview Place, and SW Benclview Place (private streets in their subdivision) as public streets. He i explained that these streets were built as private streets in 1987 because the developer did not want to build them to city standards. The builder gained approval for private streets to be maintained by the Homeowners Association. Mr. Hendryx said that the streets were constructed partially to city standards; the substandard conditions existed with the street base, the right-of-way width, the lack of sidewalks on one side, and the design of the entrance to the subdivision. He said that the biggest concern in taking over private streets was the maintenance cost to the public. . Streets constructed to city standards included the long-term maintenance as part of the design. Mr. Hendryx reported that Benchview Court suffered damage during the winter; there was a slide and some undercutting of the street in the cul de sac. He said that normally the City would request that all defective and damaged materials or workmanship be brought up to city standards prior to consideration for acceptance by the City. The Planning Commission approved the request on July 1 subject to staff conditions; these included requiring the Association to pay for all repairs to correct the existing damage or defects prior to acceptance by the City, to prepare the right-of-way dedication documents j to convert private streets to public streets, and to increase the width of the right of way CITY COUNCIL MEETING MINUTES - AUGUST 27, 1996 - PAGE 8 f I NNW to 38 feet for sidewalk and Gtreet lights. Mr. Hendryx reported that as a result of damage from the slide, three lots in the Benchview subdivision were involved in tort litigation which aiso involved the City; this occurred after the Planning Commission decision. He said that because of these legal issues and the need to bring the damaged streets up to city standards, staff recommended denial of the request. He noted two letters from the Association in the Council packet; one requested the dedication while the other requested the City to take responsibility for the repairs and preparation of documents and to allow the streetlights to remain in an easement strip. > Sharon Mueller, 13643 SW Benchview Place, Homeowners Association President, commented that the Association was surprised by this agenda item because they had thought everything was on track for the dedication. She noted that the damaged street clouded the issue. She asked for answers to specific questions, such as who owned the storm sewer that might have caused the damage to the cul de sac. She said that without " specific answers to some questions, it was difficult for the Association to address the issue. She submitted another letter with specific questions listed and asked for answers when it was convenient. She asked for a postponement of the decision until they knew the results of the tort litigation. . In response to a request from Mayor Nicoli, Mr. Hendryx stated that he preferred to see the entire list of questions before responding. Mr. Coleman advised the Council that the list should be referred to the City Attorney because of the litigation. > Ruth Brzinki, 13332 SW Benchview Terrace, expressed concern about the costs to the homeowners due to the slide, noting that all the property values were affected and that f no one could sell their house right now. She said that most of the homeowners had i nothing to do with causing the damage. She stated that homeowners should not be responsible for the costs of repairing the damage and deficiencies in the streets; homeowners shouldn't be allowed to have the responsibility to maintain streets because they lacked the resources to do so. She asked that the City and the homeowners work together to solve the problem rather than simply dropping it. She noted that the subdivision has been trying to give the streets back for three years. She said that she felt it was in the public's best interest to maintain those streets to allow emergency vehicles through. > Mike Frahler, 13985 SW Benchview Terrace, stated that approximately 85% of i. Clearview Loop was built to city standards; only a short section located near the cul de f sac was substandard and it carried little traffic. He noted that recent improvements to j the street made it look like a regular city street. He commented that the change in the staff recommendation from approval to denial was the result of the slide damage and the lawsuits. He suggested that if the City owned the streets prior to settlement of the lawsuits, they could assure that the streets conformed to City standards. He reviewed l the damage to the street and said that there wasn't that much to repair, although the bank needed to be stabilized prior to winter. Mr. Frahler pointed out that the Homeowners Association was not part of the lawsuit. He reiterated that if the City owned the street at the time of the settlements of the lawsuits, the City could assure restoration of the bank. CITY COUNCIL MEETING MINUTES - AUGUST 27, 1996 - PAGE 9 " 3 i S Mr. Frahler stated that while he had been aware when he bought his house that there was a private street, many people were not. He pointed out that the majority of houses were served by 1200 feet of a private street with only six lots on a public street. He said that most subdivisions had the majority of lots served by a public street and only a few served by a small private street. He said that the homeowners did not know what was expected of them in maintaining the street and that they had no means of doing so. > Gene McAdams, 13420 SW Brittany Drive, commented that there was concern at the City over funding maintenance of the current public streets. He pointed out that this was a substandard private street intentionally built that way, possibly to deal with the difficult drain in that area. Mr. McAdams expressed his concern over the acceptance of private streets by the City. He said that the real issue was that of an astute developer finding a way around building j a street to city standards: building a substandard street, giving the responsibility to the Homeowners Association, and then asking to dedicate the street to the City. He asked that the Council consider the planning consequences of that situation and the standard street requirements. I 4 Mr. McAdams noted the comment in the letter that the residents believed they were entitled to consideration from the City to rebuild Benchview Place because they were city taxpayers. He cited the example of the City forming an LID to improve 135th Street, when they didn't have the money, and assessing all the homeowners to pay for the improvement. He suggested doing something similar in this difficult situation. Mr. McAdams referred to a statement that the street was inspected by the City and that the homeowners had no liability. He pointed out that a street inspector could not change the engineering design; he could only bring it to the attention of the engineer. He reiterated the importance of considering impacts to future developments and not create a situation where developers could get around building streets to city standards. Mr. McAdams said that if the Council intended to accept these streets for maintenance, that they should carefully review the lawsuit so that they did not assume additional risk. He noted the movement of the soils in the area and asked what would be wrong with waiting five years to determine the status of the streets and then consider accepting them if the City was interested in doing so. > In response to a question from Councilor Moore, Mr. Hendryx said that he was not aware of any other similar request made to the City. f Councilor Hunt stated that he was against bringing streets into the City because he didn't know where they would draw the line on which ones to accept and which ones to reject. He said that he thought most private streets that were substandard were built that way by the developer because he wanted to avoid the cost of building a street to city standards. CITY COUNCIL MEETING MINUTES - AUGUST 27, 1996 - PAGE 10 L~ L~ - Councilor Moore said that he was not concerned about the maintenance because private roads had such low travel; however he took issue with the City bailing out a subdivision whose developer put in a private street to cut down on costs and put in more lots. He concurred with Councilor Hunt and said he would not support this request. Councilor B i Moore clarified later that the problems in the cul de sac and the events of recent months had no bearing on his decision. Councilor Scheckla concurred with Councilors Hunt and Moore. He expressed sympathy for the property owners who were left "holding the bag" by the developer. m Mayor Nicoli concurred with the other Councilors that the City should not accept a street that was not built to city standards. He said that should the homeowners bring the streets up to city standards, he would be willing to reconsider the request. Councilor Moore concurred. Councilor Hunt said that he wanted more discussion on the issue before agreeing. Motion by Councilor Hunt, seconded by Councilor Scheckla, that the City deny the request for the acceptance of the dedication of those streets. Motion was approved by unanimous voice vote of Council present. (Mayor Nicoli, j Councilors Hunt, Moore, and Scheckla voted "yes.") Councilor Hunt asked for a Council discussion on prohibiting private streets in Tigard. Mr. Monahan said that the City had the discretion not to allow private streets but spoke for leaving in the ability to have private streets to facilitate implementation of the 2040 functional plan. He said that he heard concerns that the property owners buying into an area might not be fully aware of such a circumstance. He said that staff required a private street to be recorded. Councilor Hunt commented that the average buyer was not aware of situations such as this and reiterated his request for a Council discussion on the issue. He said that he wasn't too concerned with implementing Metro's goals, since this might be an instance where what was good for Metro was not good for the City. Mr. Monahan said that they i could hold that discussion but suggested waiting until the Code review and finding out what will happen with the 2040 plan. He said that staff would also provide background information on private streets in Tigard. Mayor Nicoli commented that the three streets under review did look like city streets. He said that when the majority of a subdivision was served by a private street, something was wrong. One or two lots served by a private driveway was fine but the majority of people should not be on private streets. He expressed his concern with what he heard tonight with regard to this situation. He suggested finding a way to prevent this from happening in the future. In response to a question from the audience, Mayor Nicoli stated that the Council decided to turn down the request but that the Homeowners Association could ask for a ! reconsideration of street dedication when the streets were brought up to city standards. He suggested that the Association discuss the matter with Greg Berry in the Engineering Department. 1 . CITY COUNCIL MEETING MINUTES - AUGUST 27, 1996 - PAGE 11 - { 1. SNOOP- j Councilor Hunt emphasized that bringing the streets up to city standards did not d guarantee that the City would accept them; it simply meant that they would reconsider the request. j Mr. Monahan suggested exploring funding options, such as the City forming an LID to / cover the financing. He suggested that the property owners meet with Greg Berry, representatives from the City Attorney's Office and Administration. 7. CONSIDER ESTABLISHING THE HAULER EFFICIENCY TASK FORCE Ms. Mills presented the staff report. She reviewed the Council's direction last year to the solid waste haulers to develop recommendations on efficiencies to keep solid waste hauling costs down, to make the operation of the haulers as efficient as possible and to form a Task Force to evaluate those recommendations. She said that the solid waste haulers have presented a list of efficiency recommendations. Ms. Mills said that the resolution before the Council created a Task Force to review the ! efficiencies suggested by the haulers. The Task Force was to review the suggestions, t consider the financial ramifications to the rate payers, and make a final recommendation to the Council by the end of February 1997. They would update the Council once near the end of December. She noted that Councilor Rohlf was the proposed Task Force member and liaison from the Council. She recommended the appointment of the Task Force to review the efficiency suggestions in detail and report back to Council by the end of February. Councilor Hunt commented that part of the changes made last year had included the haulers picking up yard debris mechanically. He cited an example in his neighborhood where the haulers pushed the carts into a position where a mechanical arm picked up the carts and dumped them in the back of the truck. Ms. Mills explained that the haulers were allowed to retrofit trucks that weren't ready to be replaced yet with a mechanical t arm; the haulers did have to roll the carts into position. Motion by Councilor Hunt, seconded by Councilor Moore, to adopt Resolution 96- 52. The City Recorder read the number and title of Resolution No. 96-52. RESOLUTION NO. 96-52, A RESOLUTION CREATING A SOLID WASTE EFFICIENCIES TASK FORCE AND APPOINTING MEMBERS TO ASSESS SOLID WASTE HAULERS EFFICIENCIES SUGGESTIONS. Motion was approved by unanimous voice vote of Council present. (Mayor Nicoli, Councilors Hunt, Moore, and Scheckla voted "yes. 8. DEVELOP A PLAN TO ADDRESS THE PROBLEMS OF THE HOMELESS Mr. Monahan noted the Council goal to develop a plan to address the problems of the homeless. He presented the status report on the recommendations made by the 1994 ! Task Force, reviewing the four recommendations. CITY COUNCIL MEETING MINUTES - AUGUST 27, 1996 - PAGE 12 The first recommendation was to adopt a severe weather policy. Mr. Monahan said that as a result of the Council adopting that policy, Interfaith Outreach Services operated a severe weather shelter for the past two winters in the Tigard Water Building. He stated that there was some question now as to whether or not Interfaith Outreach was interested in providing that service, and if not, then the City needed to explore other options or change the policy. The second recommendation was that the City facilitate an effort to educate the public about the problems of the homeless. Mr. Monahan said that they have done so through Interfaith Outreach, the CITs, and articles in Cityscape. Staff would continue with these efforts. The third recommendation was that the City immediately facilitate the formation of a Eastern Washington County Task Force to create a facility to serve the homeless that was County based, not just Tigard based. He said that Interfaith Outreach took the lead F on that and has been working on generating funding to build the RITE Center, a 30-bed facility located in Tigard. 1 The fourth recommendation was that other programs be instituted or expanded to assist the homeless people in the community. Mr. Monahan said that there has not been significant action on this recommendation at this time. Staff has suggested that the Community Development Needs Assessment under the Community Development Block Grant (CDBG) identify homelessness as one of the needs that should be addressed. The RITE Center was now under consideration for funding by a CDBG. j' Mr. Monahan noted that staff has made progress in each of the four recommendations, 4 and asked for Council feedback on how to proceed from this point forward. He said that 4I he invited Kim Brown, Interfaith Outreach Services, to the meeting to answer questions. Mayor Nicoli asked if Interfaith had made a decision on the severe weather shelter yet. Ms. Brown said that the Board has provided funding to operate the shelter on a severe weather basis only, not on an every night basis. She explained that it was difficult to get funding for emergency service response programs; there has been a major shift towards self- sufficiency programs such as the residential center. Funding for the severe weather shelter usually came from churches, the County, and the emergency shelter block grant program. i Councilor Hunt recounted his involvement with the homeless shelter and the East Washington County Task Force. He noted that the Task Force fell apart at one point and nothing was done. He commented on the excellent leadership provided by Peggy Manning for the Task Force. Councilor Hunt said that he recommended to Council to allow Interfaith to use the vacant City office building to save on expenses but that he did so because he thought ' they would take care of more of the homeless during severe weather. He said that he thought that building could be used as a severe weather shelter; they didn't need all the space for offices. CITY COUNCIL MEETING MINUTES - AUGUST 27, 1996 - PAGE 13 t. L~ i Councilor Hunt expressed concern that the severe weather shelter was closed last year during the severest weather because Interfaith lacked the money to operate it and a staff person quit. He said that he thought Interfaith should have found a replacement staff member when the weather was so bad. He said that he supported Ms. Brown and thought that she was doing a great job but he was disappointed in the operation of the severe weather shelter. Councilor Hunt asked for clarification on the rumor he heard that the RITE Center wouldn't be built to 30 beds because of wetlands. Ms. Brown concurred that the Task Force did fall apart and lost direction. She said that shortly after that Interfaith received notice that they would have to vacate their 14-bed space at the Tigard United Methodist Church by 1997. Therefore, the agency focused on replacing those beds, which led to the formation of a Steering Committee for a capital campaign to build the RITE Center. She said that the Steering Committee included i w. people from Beaverton and Tigard. Ms. Brown said that the Steering Committee has worked very hard to look at homeless issues in East Washington County. The first step was to build a 30-bed facility in t Tigard with another facility possibly in Beaverton. She credited the East Washington County Task Force and Beaverton's involvement on the Steering Committee with the s current willingness by that City to acknowledge and deal with the problem of homelessness that existed in their community. Ms. Brown said that though the Task Force died, the intent has carried on, despite the - changes in funding. She noted the cuts in federal funding for these kinds of services. Ms. Brown stated that the Interfaith Outreach Board and staff found the severe weather shelter a difficult subject because it cost a lot of money while not providing any solutions f for the homeless. She said that she personally thought it drained resources because it has not been used in the past as it was intended to be used by the Task Force and the City Council. She said that she believed the intent was to provide a place for people involved in self-sufficiency programs that lacked space. Ms. Brown explained that sometimes the shelter was used by people who had slept outside in Tigard for 15-20 years; this created a different environment in the shelter. She said that the intent was to provide a safe and accessible place for families and singles; this has not always been the case. Ms. Brown said that Interfaith felt that if they could not work through those issues, then perhaps they didn't want to put money into the shelter. She explained that they have worked hard this summer to address those issues through policies and felt more confident now that they could make the shelter work the way they intended it to work. She commented that she and Mr. Monahan needed to meet to discuss the variety of issues involved in a severe weather shelter. Mr. Monahan concurred that they needed to meet soon because they would be discussing a modified program that was only available on the nights it met the criteria for severe weather. He said that if they were talking of using a City facility, he didn't think that they could afford to lock one up for a four month block of time and refuse to make it CITY COUNCIL MEETING MINUTES - AUGUST 27, 1996 - PAGE 14 j I available on a reservation basis to others; meeting space was scarce in the City. He said that they needed to discuss whether or not the present City facility used by Interfaith for offices was capable of serving as a severe weather shelter. He commented that they also needed to discuss health concerns regarding preventing the spread of tuberculosis. In response to a question from Councilor Moore, Ms. Brown stated that in Washington County only Tigard and Hillsboro had homeless shelters, and that this was the only severe weather shelter in the entire County. Councilor Moore commented that in the past months he has gotten the impression that the shelters needed to be supported or expanded to other cities. Councilor Hunt said that the Task Force goal was for all the cities to come together to build a bigger facility in East Washington County. Ms. Brown commented that they needed to maintain the distinction between a severe ' . ! weather shelter and a long-term center that provided case management, childcare, and I . employment opportunities. She said that she did not think that the County was interested in funding any kind of emergency response, such as a severe weather shelter, due to limited funding. Ms. Brown said that the issue with the site of the RITE Center wasn't necessarily the wetlands; the issue was really the site itself and its limitations. She pointed out that funding was coming from the CDBG which had stricter environmental regulations drainage and fill on the site were problems. She said that the issue was not whether or not the site could support a building but the cost of preparing the site for a building. Councilor Scheckla asked how Interfaith used the dollars they saved by moving into the City building rent free. Ms. Brown said that the money was used to fill in on different programs, including the severe weather shelter and the emergency services program. i Councilor Scheckla suggested that Ms. Brown research a potential liability in the ; emergency services program regarding gas vouchers. Legally they could only give them 1 out to someone with a valid driver's license and proof of insurance; if they gave them out to an unqualified person who then had an accident, Interfaith could be liable. Mayor Nicoli stated that Interfaith's program was the type of program the community would like to have; it addressed both a need in Tigard and in East Washington County. He commented that any program that operated on donations and grants had difficulty making ends meet. Mayor Nicoli commented that the positive forward movement on the RITE Center has been substantial: they are obtaining funding and support from the Mayors of Beaverton and Tualatin. He noted the participation of Roy Rogers from the County Cow-mission also. He said that he thought they would meet their goals. He expressed his disappointment at losing the severe weather shelter to lack of funding; however, he said he did not expect Interfaith to operate the shelter without money. Mayor Nicoli suggested looking hard at identifying other options to find alternate space that would work with Interfaith's limited resources. He asked that Ms. Brown meet with Mr. Monahan in the next couple of weeks and report back to Council. He said that he CITY COUNCIL MEETING MINUTES - AUGUST 27, 1996 - PAGE 15 I 4^ would continue to spend his personal time supporting the fundraising because it was a positive thing for the community. Mayor Nicoli suggested that the Council, except for the severe weather shelter, not move 1 forward until they got beyond the funding and site considerations for the RITE Center. Councilor Moore said that he would support the majority Council position. Councilor Hunt concurred with Mayor Nicoli's suggestion as did Councilor Scheckla. 9. NON AGENDA ITEMS: None. 10. ADJOURNMENT: 9:50 p.m. Attest: Catherine Wheatley, City Recorder or, City of Tigard Date: D I / Cf K .I CITY COUNCIL MEETING MINUTES - AUGUST 27, 1996 - PAGE 16 j ( - i ~ COMMUNITY NEWSPAPERS, INC. Legal P.O. BOX 370 PHONE (503) 684-0360 Notice TT 8603 BEAVERTON, OREGON 97075 '2ErEtVEC ~ Legal Notice Advertising I r r~ f; 199- `City of Tigard • ❑ Tearsheet Notice 13125 SW Hall BLvd. ClTv OF 71GARI? •Tigard,Oregon 97223 • ❑ Duplicate Affidavit 1i `Accounts Payable e I r•_ AFFIDAVIT OF PUBLICATION i i4rw STATE OF OREGON, ) COUNTY OF WASHINGTON, )ss. ( Kathy Snyder being first duly sworn, depose and say that I am the Advertising Director, or his principal clerk, of thdr; gars-mi,a 1 at i n Times a newspaper of general circulation as defined in ORS 193.010 and 193.020; published at Ti gard in the aforesaid county and state; that the City o un - i1 Businpsq Meeting a printed copy of which is hereto annexed, was published in the entire issue of said newspaper for-ONE successive and consecutive in the following issues: August 22,1996 Subscribed and sworn before me this 22nd day of August, 996 1t_ OFD. ;:AL SEAL + ROe 1 f Ii'GESS Notary lic for Oregon dOTA~ - OREGON 04,'., ` 024552 i My Commission Expires: 3!C.. -j -S MAY :6,1997 AFFIDAVIT 1. .i 1 I I G i The following meeting highlights are published for your information. Full agendas may be obtained from the City Recorder, 13125 S.W. Hall Boulevard, Tigard, Oregon 97223, or by calling 6394 171. CITY COUNCIL BUSINESS MEETING I August 27,1996 TIGARD CITY HALL-TOWN HALL 13125 S.N. HALL BOULEVARD, TIGARD, OREGON Study Meeting (Red Rock Creelt Room) (6:30 P.M • Executive Session: The Tigard City Council may go into Execu- tive Session under the provisions of ORS 192.660 (1) (d), (e), & i (h) to discuss labor relations, real property transactions, current and pending litigation issues. • Update on Visioning Project I • Agenda Review Business Mcetin~ (Town Hall) (7:30 P.M.) Public Hearings: • Proposed Charter amendments for voter consideration on November 5,1996. Council Consideration: • Should the Homeless Task Force be reactivated? • Resolution for Community Development Block Grunt Porposals • Acceptance of Benchview Street • Resolution to form the Hauler Efficiency Task Force • Final Order. Legislative Comprehensive Plan Amendment (CPA) i 96-0002 AKA Business Services. Request for Legislation was DENIED which proposed to amend the text policy of 12.2.1(2)(1a) of the Comprehensive Plan.to modify the spacing and locational criteria for General Commercial land uses. TT8603 -Publish August 22,1996. I j It ' i CITY OF TIGARD, OREGON AT'ID)~VIT OF POSTING i In the Matter of the Proposed r STATE OF OREGON ) . County of Washington ) ss. City of Tigard I, begin first duly sworn, on oath, depose ands _ i That I posted i~ the following public and conspicuous places, a copy of Ordinance Number (s) G~ which were adopted at the Council Meeting dated copy(s) i of said ordinance(s) being hereto attached and by reference made a part hereof, on the _ day of S re'X~rjm~41 19~ ~o ild 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 1a.A day of 19-9 Notary is for Orego My NM ON Commission Expires: 4 999 1 ,i . 02dWJo\affpn tAm j f i CITY OF TIGARD, OREGON ORDINANCE NO.96- 33 AN ORDINANCE CONCERNING THE VACATION OF APPROXIMATELY 6,445 SQUARE FEET OF PUBLIC RIGHT-OF-WAY ON SW 135TH AVENUE IN THE CITY OF TIGARD, WASHINGTON COUNTY, OREGON. 1 WHEREAS, the Tigard City Council initiated this vacation request pursuant to Section 15.08.040 of the I f" , Tigard Municipal Code on June 11, 1996; and WHEREAS, the right-of-way for SW 135th Avenue had been dedicated to the public; and WHEREAS, the City approved a Subdivision (SUB 93-0008) for the development of Castle Hill No? f Subdivision; and WHEREAS, Southwest 135th Avenue was re-aligned in conjunction with the construction of Castle Hill No.2 Subdivision; and WHEREAS, the approximately 6,445 square feet of public right-of-way is no longer necessary; and WHEREAS, the vacation has been initiated by the City Council and approval has been recommended by the Community Development Department; and WHEREAS, all affected service providers, including utility companies and emergency service providers, have reviewed the vacation proposal and have no objections; and WHEREAS, GTE Telephone Operations has a major six-way conduit system on the west side of the centerline within the old SW 135th Avenue right-of-way which will require the granting of a utility easement; and I f % W HEREAS, the City of Tigard Water Department has a 16-inch water main located within the proposed f vacation area that will require the granting of a 15-foot utility easement; and WHEREAS, notice has been mailed to all property owners abutting said vacation area and all owners in the affected area, as described by ORS 271.080; and WHEREAS, in accordance with Tigard Municipal Code 15.08.120, the City Recorder posted notice in the ` area to be vacated and published notice of the public hearing; and ! WHEREAS, the property owners of the majority of the area affected have not objected in writing; and i WHEREAS, the City Council having considered the request on August 13, 1996, and August 27, 1996 finds t that it is in the public interest to approve the request to vacate said public right-of-way as the public interest will not be prejudiced by this vacation, as provided be ORS 271.120 and TMC Section 15.08.130; and i j ORDINANCE No. 96 is\citywide\ord\vacl35e.ord Page 1 oft will d. 08/19/96 11:16 AM t . WHEREAS, the Council finds that the following conditions are necessary to vacate said land: A utility easement shalt be provided within the vacation area. NOW, THEREFORE: THE CITY OF TIOARD ORDAINS AS FOLLOWS: j SECTION I: The Tigard City Council hereby orders the vacation of said approximately 6,=15 square ! feet of public right-of-way as shown and described on the attached Exhibits A and B (map and legal description of area to be vacated), and by this reference, made part thereof. SECTION 2: The Tigard City Council further orders that the vacation be subject to the following ( condition: a 1. A utility easement shall be provided within the vacation area. j SECTION 3: This ordinance shall be effective 30 days after its passage by the Council, approval by the Mayor, and posting by the City Recorder. f PASSED: By ~ lYMMI /YID!!S _ vote of all C uncil members present after being read by number and title only, thisoZ722 day of 1996. t Catherine Wheatley, City Recorder U ~4i APPROVED: By Tigard City Council thiQ day of 1996. J s icoli, Mayor i Approved as to form: Ci Att mey I 2 `7 Date i N _ i:\citywide\ord\vac135L.ord 5 -1 ORDINANCE No. 96-- 2 of 2 will d. 08/19/9611-.16 AM I Page " ss D ,~~i Rolla ti 1 7s sn rl ~ 1716-` ~ ~ . tl99 sQ 1 r ~~qrn u1 ni1~ 01111 IIIU[EIIQI 1I1111111A11 C11MIC11 C: F+ rim-~(~:~ ~r an W (n ~r1~1' O1 U 1•i e ~ ~ to t• tm ~ ~ 1~ ' PROPOSED S.W. 1351-1-1 AVENUE VACATION CITY _01-;_TIGARD PLANNING DEPT. . ~M 1 I $7iHIBIT 13 LEGAL DESCRIPTION FOR ROAD VACATION I That portion of S. W. 135th Avenue in Northeast One-Quarter of Section 4, Township 2 South. Range I West, Willamette Meridian, City of Tigard. Washington County, Oregon described as follows: Beginning at the Northwest Comer of Lot 114 Moming Hill No. 5 as recorded in Book i l 63 Page 33 of the Washington County Subdivision records; thence S 020 14' 27" W, along the westerly line of said Morning Hill No. 5, a distance of 232.00 feet to the south f west corner of Lot 117 of Morning Hill No. 5 and the north line of the property described Ir k. in Fee No.90028208 in the Washington County Deed Records; thence N 870 45' 33 W, along said north line, a distance of 15.00 feet to the northwest comer of said Fee No.; F thence S 02° 14' 27" W a distance of 259.25 feet to a point on a curve to the left; thence along said curve with a radius of 545.00 feet, a delta of 03° 13' 24" (a chord which bears N 160 47' 50" W. 30.66 feet) and a length of 30.66 feet to a point which is 10.00 feet easterly of the center line of S.W. 135th Avenue(when measured at right angles); thence N 020 14' 27" E. parallel with and 10.00 feet from said centerline, a distance of 280.27 feet to a point: thence N 10° 25' 20" E a distance of 49.19 feet; thence N 6° 25' 17" E a distance of 60.16 feet to a point on a non tangent on curve to the left; thence along said curve with a radius of 380.00 feet, a delta of 8° 40' 24" (a chord which bears N 9° 33' 55" E, 57.47 feet), and a length of 57.52 feet to the extension of the north line of Lot 114 Morning Hill No. 5; thence S 87° 45' 33" E. along the extension of the North line, a distance of 5.46 feet to the point of beginning. I j SUBJECT TO a utility easement for all utilities on or within the entire vacated portion of said 135th Avenue. - I I - " I i.'rng'jotwS:133vx.,fes _ f I I R ~X,H1~ IT G Pi-C Nr~ MC~i1NG 1'. i IN w O YR ~$R DGE S A ' sw W MpRq A OR SWW~UT~ i i t ~ Q 35~ Ay~ue 1 cr , S~ c v~.an >~y CO ' - ~p 15 not to sc~e 4 CITY OF TIGARD, OREGON - RESOLUTION NO.96- 3-; EXHIBIT D RESOLUTION CONCERNING THE VACATION OF APPROKDUTELY 6,445 SQUARE r ET OF PUBLIC RIGHT-OF-WAY ON SW 135TH :VENUE. WHERF-AS, the right-of-way for SW 135th Avenue had been dedicated to the public; and WHEREAS, the City approved a Subdivision (SUB 93-0003) for the construction of Castle Hill Phase II; - and f WHEREAS, SW 135th Avenue was realigned in conjunction with the construction of Castle Hill Phase 11; and WHEREAS, the apprmcimately 6,445 square feet of public right-of-way is no longer necessary; and . WHEREAS, the Tigard City Council finds it appropriate to initiate proceedings for the requested vacation. C NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council that SECTION 1: The Tigard City Council initiates a request for the vacation of approximately 6,445 square feet of public right-of-way on SW 135th Avenue, as more particularly l described in Exhibit "B". AR& SECTION 2: A public hearing is hereby called to be held by the City Council on Tuesday, August 13, 1996, at 7:30 p.m. at Tigard City Hall, 13125 SW Hall Boulevard, within the City of Tigard, at which time and place the Council will hear any objections thereto, and any interested person may appear and be heard for or against the proposed vacating of said public right-of-way. SECTION 3: The City Recorder is hereby authorized and directed to cause to have published in the Tigard Times, a newspaper of general circulation in the City of Tigard, a notice of said hearing, she first publication to be on July 25, 1996 and the final publication to be on August 1, 1996. The Recorder is further directed to cause to have posted within five days after the date of first publication, a copy of said notice at, or near, each end of the area proposed to be vacated SECTION 4: The particular public right-of-way to be vacated is shown on the attached E:chibit "A" and by reference, made a part hereof. 1 PASSED: This 11=_day of 1996. or - City of Tig0 RESOLD TION NO. 963-2 Page I , 1 ATTEST. _ c.v Ciry Recorder- City of Tigard U ! Will D. 05130146 1:16:: pM i _ art ' i. j ij f 1 F.. I i RESOLUTION NO.96-31 Page 2 4 IF AGENDA ITEM NO. 2 -VISITOR'S AGENDA DATE : August 27.1996 (Limited to 2 minutes or less, please) e I Please sign on the appropriate sheet for listed agenda items. The Council wishes to hear from you on other issues not on the agenda, but asks that you first try to resolve your concerns through staff. Please contact the City Administrator prior to the start of the meeting. Thank you. STAFF NAME, ADDRESS & PHONE TOPIC CONTACTED c24 ~4~ ~ AW A"" I ~tsr~ mv~~~er g w p 1 t Y6 14-1 P G. E Mc dams 524-0&5S Oao-h we-w Sf. 13420 r;ti-av.y Pr. Ti~~ra Ncweless ~ f I:IadmkjoW1s1tshtdoc 1._. - /W1 t AGENDA ITEM NO. 2 - VISITOR'S AGENDA - PAGE 2 DATE: August 27. 1996 i ' (Limited to 2 minutes or less, please) lease sign on the appropriate sheet for listed agenda items. The Council wishes to hear from you on other issues not on the agenda, but asks that you first try to resolve your concerns through staff. Please contact the City Administrator prior to the start of the meeting. Thank you. STAFF NAME, ADDRESS & PHONE TOPIC CONTACTED t _ _ I E i k i i iAadm\ o\visitsht.doc s epending on the number of person wishing to testify, the Chair of the Council may limit the amount of lne each person has to speak. We ask you to limit your oral comments to 3 - 5,ninutes. The Chair may further limit time if necessary. Written comments are always appreciated by the Council to supplement oral testimony. AGENDA ITEM NO. _ 4 DATE: August 27, 1996 PUBLIC HEARING CONTINUED FROM THE AUGUST 13, 1996 CITY COUNCIL MEETING f (QUASI-JUDICIAL) - VACATION OF APPROXIMATELY 6,445 SQUARE FEET OF PUBLIC RIGHT OF WAY LOCATED ON SW 135TH AVENUE The request was initiated by the City Council on June 11, 1996. Any interested person may appear and be heard for or against the proposed vacation of said public right of way. Any written objections or remonstrances shall be filed with the City Recorder by August 27, 1996, i by 7:30 p.m. PLEASE SIGN IN TO TESTIFY ON THE ATTACHED SHEETS i 6- 1 •1 ~ F i I GENDA ITEM NO. 4 PLEA PRINT Proponent - (Speaking In Favor) Opponent - (Speaking Against) Name, Address and Phone No. Name, Address and Phone No. j Name, Address and Phone No. Name, Address and Phone No. Name, Address and Phone No. Name, Address and Phone No. Name, Address and Phone No. Name, Address and Phone No. ame, Address and Phone No. Name, Address and Phone No. Name, Address and Phone No. Name, Address and Phone No. i 1 j j Name, Address and Phone No. Name, Address and Phone No. Name, Address and Phone No. Name, Address and Phone No. i Name, Address and Phone No. Name, Address and Phone No. ,v 71 E. 1j, w ,.u.,~.... f Depending on the number of person wishing to testify, the Chair of the Council may limit the amount of : ne each person has to speak. We ask you to limit your oral comments to 3 - 5 minutes. The Chair may further limit time if necessary. Written comments are always appreciated by the Council to supplement oral testimony. AGENDA ITEM NO. 5 DATE: August 27,106 I PUBLIC HEARING (LEGISLATIVE) TO CONSIDER FORWARDING CHARTER + AMENDMENTS TO THE VOTERS ON NOVEMBER 5, 1996 PLEASE SIGN IN TO TESTIFY ON THE ATTACHED SHEETS . f j i f. f All- i 17 AGENDA ITEM NO. 5 PLEASE PRINT a Proponent - (Speaking In Favor) Opponent - (Speaking Against) Name, Address and Phone No. Name, Address and one No. / j Name, Address and Phone No. Name, Address and Phone No. I ' j I Name, Address and Phone No. Name, Address and Phone No. I Name, Address and Phone No. Name, Address and Phone No. i Name, Address and Phone No. Name, Address and Phone No. Name, Address and Phone No. Name, Address and Phone No. f Name, Address and Phone No. Name, Address and Phone No. Name, Address and Phone No. Name, Address and Phone No. i i Name, Address and Phone No. Name, Address and Phone No. MEW t Ccr~ u'L ~ 114 o, J CITY OF TIG-kRD ORDINANCF NO. 88-61 AN ORDINANCE CURING DEFECTS IN THE PLANS FOR THE DARTMOUTH STREET LOCAL IMPROVEMENT DL` ;-R.Zi, :.;1ENDI,;G GRDINAl\C 31 17, ADOPTING FINAL PLANS AND SPECIFICATIONS AND A REVISED PRELIMINARY" ENGINEER'S REPORT, AND ESTABLISHING A FINAL ASSESSME_lT PROCEDURE. WHEREAS, on April 9, 1984, the Tigard City Council passed Ordinance 84-17 establishing the Dartmouth Street Local Improvement District (LID #40); and WHEREAS, in a writ of review proceeding against the LID, the Oregon Court of Appeals found no merit to the petitioners' challenge to the formation of the LID but did rule that the assess- ment was defective because a portion of the planned improvement was j not located within the legal boundaries of the LID and, therefore, set aside the assessment as void and remanded the case for further j proceedings not inconsistent with its opinion; and WHEREAS, the City Council held a public hearing on August 10, 1987, to receive and review public comment on all issues of public inter(--,t cencerni_neT the LTD; and WHnztAS, on March 14, 1988, the City Council passed Resolution No. 88-23, scheduling a hearing pursuant to Tigard Municipal Code 13.04.055 on the final plans and specifications of the LID to deter- mine whether the City Council should cure defects or delete portions of the plans which have been declared void or set aside for any reason, and to determine whether it should make necessary additions to the preliminary engineer's report so as to proceed with the LID; and I WHEREAS, Resolution 88-23 set the public hearing pursuant to Tigard Municipal Code 13.04,055 for March 28, 1988, and the City i Council, acting upon the request of an affected property owner, continued that hearing to April 11, 1988; and WHEREAS, public notice of the meeting to be held Dursuant to Tigard Municipal Code 13.04.055 has been given pursuant to Tigard Municipal Code 13.04.055(b), including notice by mail to affected property owners; and ! -y i.idi ri~t.:d dui ouC~atlt7a~1U115 dau ~.:e preliminary - . engineer's report, as revised March 21, 1988, have been presented to the City Council; and WHEREAS, the City has received a proposed agreement from the regon Department of Transportation regarding the construction of i ORDINA2ICE: ::0. Q8-01% ~ Page 1 j roadway immprovements and thc, modification of existing traffic 0 signals at the intersection of Pacific Highway West and the proposed extension of Dartmouth Street; and _ WHEREAS, having held the hearing pursuant to Tigard Municipal Code 13.04.055, and having considered the record herein, including the oral and written testimony submitted i.. this and prior hearings; and WHEREAS, the City Council deems it in the best interest of the public to cure defects and delete portions of the plans, to make revisions to the preliminary engineer's report, to proceed by the final assessment method authorized by Tigard Municipal Code 13.04.060, and to amard Ordinance 84-17 accordingly; NOW, THEREFORE, THE CITY OF TIGARD ORDAINS AS FOLLOWS: h... Section 1: Ordinance 84-17 (including Resolution No. 84-14, as adopted therein) is amended to delete that portion of f the planned improvement not located within the legal boundaries of the LID so as to comply with the ruling r of the Oregon Court of Appeals in Martin v. City of 1 Tigard, 78 Or.App. 181, 714 P.2d 1115 (1985), and is further amended to comply with the provisions of this ordinance, which shall be deemed to include the final -nd revised preliniary a a, 1d sn.~^1 fi .:3 y~I, ngin neer's ~::o::i: ?nOr.^`/^4 ?n-i arlnntn,1 horoin. engineer's c Section 2: The final plans and specifications and staff reports in - { support thereof are approved and adopted. ! Section 3: The office of the City Engineer is authorized to approve minor adjustments or revisions tc the final plans and specifications as recommended by the project engineer. A minor change is a change in one or more details of the final plans and modifications, but shall not include a change that would materially affect the scope of the project. i Section 4: The preliminary engineer's report, as revised on March 21, 1988, is approved and adopted. Section 5• The assessment for the LID shall be by the final assessment method authorized by Tigard Municipal Code 13.04.060. The estimated cost of the project shall be that as dpaCars in Lice revised report, and information and directiv_s La prior p- 1 reports or Ordinance 84-1-, regarding estimates for the purposes of preliminary assessments, or regarding the establishment of a preliminary assessment roll, shall be amended and deleted accordingly. b ORDINANCE NO. 88-05 Page 2 Section 6; The Oregon Court of Appeals having upheld the formation f~ of the LID pursuant to Ordinance X84-17, the city Council directs the acquisition of land and the construction of the street improvement, all as authorized by Ordinance 84-17, as amended herein. Section 7; The City Council finds that the LID improvements are of a character described in ORS 233.205, and the improve- warrantsfinancing by general obligation improvement ments qualify for pursuant to ORS 287.502-ORS 287.515. Sect~B: General obligation warrants are authorized. The interest rate shall be the lowest interest rate at which the City can borrow on the date of the sale. Section 9; The designated city officials are authorized and shall enter an agreement with the Oregon Department of Transportation. f Section 10; The Mayor, City Administrator, and Finance Director are authorized to execute the general obligation improve- ment warrants on behalf of the City. PASSED; By t+ N q m vu S vote of all Council members present after being read by number and title only, this rrr day of 1 1-1 Lo i City Recorder - City of T gard APPROVED; This day of 1988. Mayor City of Tigard APPROVED AS TO FORM; j C Attorney 9- Date._S/i _ i ORD7LN7ANCE NCO. 86-0 Page 3 1 s T I G_A R D C I T_Y 0 0 0 N C I L REGULAR. ML••ETING MINUTES - MAY 9, 1988 - 6:s0 P.M. 1. ROLL CALL: Present: Mayor Tom Brian; Councilors: Carolyn Eadon, Jer•rg Edwards, Valerie Johnson; City Staff: Randy Clarno, Development Services Manager; Bob Jean, City Administrator; David Lehr, Chief of 1 Police; Keith Liden, Senior Planner; Jill Manley, Community Services ' Director; Liz Newton, Senior Planner; Catherine Wheatley, Beauty Recorder; and Randy Wooley, Acting Community Development Diroctor/City Engineer. 2. STUDY SESSION a. Robert Cruz, Manager for- the Collection Systems Division of Unified Sewerage Agency (USA) of 1-!ashingtun County, described the involvement of hie agency staff with the Surface Water Management District preformation activities. He noted that USA was authorized y by the Washington County Board of Commissioners to facilitate preliminary work on the possible formation of a surface water district. ' MAYOR ARRIVED AT 6:40 PM Mr. Cruz advised that the process would require public involvement j which should start immediately. It was anticipated that this study would take approximately 18 months. The study process ;would include holding public meetings to give and receive information regarding whether ur not a regiunal auLhority shuuid oL- e-L.bl ia;.od. the Boundary Commission would then review and if approved, Lhe it5sue l would go to an election in November 1989. Tigard's share of the costs will be $23,335 (based on $1 per capita r of estimated city population). If the district is formed, this I money would eventually be paid back to the City of Tigard. If the j district is not formed, this money would be deemed a "grant" from the City of Tigard and would not be repaid. The Mayor thanked Mr. Cruz for his comments. (Note: This item was ! considered and approved by Council on Consent Agenda at this meeting.) i" - b. Tigard Triangle Property Assessments - Community Services Director updated Council on the information process regarding property te.A assessments recently received by property owners in the Triangl1 area. She noted that NPO H4 met last week; approximately 40 people attended the meeting. Staff has been available to answer citizen questions and to outline options available. She noted that staff met with the assessors e-xi the assessment formula appeared to be reasonable. The formula takes into consideration services available and property proximity to services. Community Services Director also noted there appeared to "l be a limited number of properties reassessed at a much higher rate. Page 1 - COUNCIL MINUTES - MAY 9, 1988 F7. e Councilor Johnson noted she had forwarded a letter- concerning assessments to Commissioner Roy Rogers and Commissicn Chair, Bunnis Hays.. Cc•nwnity Services Director noted another meeting on this subject rr 1 be held on May 18 at City Hall. City Administrator noted the options available to concerned property owners, including: talking to the assessors, appearing before the Board of Equalization, or a deferral request. C. Senior- Planner Newton reviewed materials submitted on Business Tax j Code revisions. The policy issue was: Should the City make changes to Chapter 5.04, Business Tax, of the Tigard Municioal Code that ' would: 1) clarify existing procedure, 2) increase fees, 3) change to one business tax schedule covering a calendar year and, 4) create a prorating schedule. `k Senior Planner Newton noted that the proposed changes to Chapter 5.04 are in part "housekeeping" changes and partly to make the business tax easier to administer. For business tax purposes, businesses are divided into four groups with yr3::^s having renewal dates at April 1, July 1, October 1, or January 1. Maintaining these schedules is both time consuming for City staff and confusing for businesses. This proposal would eliminate confusion and streamline tax administration by creating one schedule that coincides with the calendar year. In order for the single schedule to work properly, a schedulN for prorating fees for now businesses tl;Nt are issued business tax mid-year must be adopted zlsu. The proposed fee increase is the first increase since June 1936. Other "housek•eping" changes were also submitted with the staff report. The fees increase represents $27,500 of the estimated $130,000 business tax revenue for fiscal year- 1988-89. Without the recommended increase, General Fund Contingencies would be reduced $27,500. All business tax renewal fees would be due in January of each calendar year. Senior Planner Newton noted that staff was requesting that Council direct staff to prepare an ordinance modifying Chapter 5.04, Business Tax, of the Tigard Municipal Code as ~ proposed for adoption ~ May 16, 1988 to become effective July 1, 1988. A.. Senior Planner Newton also advised that staff proposed going to a "sticker system." This would mean that a numbered certificate for each business would be issued; thereafter, when the license is renewed, a sticker would be issued to be placed on the original certificate. Senior Planner Newtu:. said this would be a more cost-efficient system. There was Council discussion on how this transition would affect revenue. Senior Planner Newton advised that revenues would nut be lost. Council consensus was that the timing adjustment would be acceptable; however, an increase in fees was questionable. Council would discuss this issue further on May 16, 1988. Page 2 - COUNCIL MINUTES - MAY 9, 1988 d. Chief Lehr advised Lhe Council on Lhe Enhanced Sheriff's Patrol District (LSPD) proposal. Tho County has indicated 1-hey would like to implement the ESPD this summer this is a much faster time r~ frame than initially understood by City sL-aff-. Chief noted that ' staff would like to be able to forward the draft proposal Lo Commissioner Rogers in time for the May 10, 1988 Washington County Commission meeting. . A copy of the proposal was submitted to Council in Lheir meeting packet. Council and staff- reviewed Lhe proposal and noted Lheir concerns. There were some questions on dispatch costs; Council consensus was to clarify this area to show costs. It was noted that the ESPD is a separate County district. The governing body is Lhe County Board of Commissioners; the Sheriff will act as the department head and ` report to the County Administrator. e. City Administrator reminded Council of the June 1, 1988 workshop - meeting which will be held at Councilor Johnson's home at 5:30 p.m. f. Agenda Review - Item 4.1 F. - Councilor- Johnson noted there should be clarification on choices for street lights. Acting Community Development Director noted that any street light chosen should be those which Portland General Electric would furnish and maintain. Council consensus was to table this agenda item until May 16, 1988, j so that clarification language could be established. ( 3 EXECUTI."C-SESSION: The rigaro City Council went into ExecuLive Session at 7:37 p.m. under- the provisions of ORS 192.660(i)(d), (e), b (h) to discuss labor relations, real property transactions, and current and pending litigation issues. THE REGULAR MEETING WAS CALLED TO ORDER AT 8:05 p.m. 4• NON-AGENDA ITEM: City Administrator noted that Item 4.1f. had been discussed in the Study Session with Council consensus to table the item ' to the May 16, 1988 meeting. 5. VISTOR'S AGENDA a. The following citizens were present to testify concerning a Minc.r Land Partition Director's Decision on Mountain View lane: o Harold and Lesta Godfrey, 9030 SW McDonald, advised that t..,y have filed for a variance fur a Minor Land Partition on Mountain View Lane. The Director's Decision, as one of the conditions, required that the street be paved. rho Godfreyt requested that the street remain graveled. The Godfreys also requested that the Decision be called up for appeal and that the appeal fee be waived. Paga 3 - COUNCIL MINUTES - MAY 9, 1988 j There was discussion bol.ween Council and Senior Planner. Liden on the process. Senior Planner I,iden nuLud that an appeal would go to Lhe Planning Commissiurr; the appeal`ee would be $235. City Council has the authority to waive all or part of J the appeal fer,. o Jerome Petr•in, 9105 SW Mountain View Lane, Tigard, OR 97224, noted that he was interested in keeping the street- at its current status. He advised that it was a dead-end str-e*t arid expressed concern over safety of pedestrians (children). o Lena WeisheiL, 9080 SW Mountain View Lane, Tigard, OR 97224, noted that she would not want Mountain View Lane to be widened and paved because this would destroy shrubbery near her- property line. o John Krause, 9120 SW Mountain View Lane, Tigard, OR 97224, also expressed concern over widening of the read. He advised q that it would destroy shrubbery near his property and said the roadway was adequate. He also noted that widening of the roadway would require relocation of a water meter and power pole. o Ann E. Crisp, 9055 SW Mountain View Lane, rioted that she did j not object to the Minor Land Partition and the building of Lhe home as proposed by the Godfreys, but did object to paving the roadway. She requested that it be kept graveled. Lerglhy discussion fullowed concerning Lho requirements ior• the minor Land Partition as -jet out in the Director's Decision. ILems discussed included whether or not this was an extraordinary case and whether the Comprehensive Plan neglected to address this type of circumstance. t Councilors Eadon and Edwards noted they could support a waiver of the fee. Councilor Johnson advised that she could nut support a waiver of the fee; she supported the appeals process which requires a fee to cover the costs which are actually incurred by the City. Mayor Brian noted that because of circumstances and the lack of ! leeway allowed in the Code, this request may represent a special problem; he indicated he could support a fee waiver in this case. The policy question of requiring street improvements when development occurs was discussed. Mayor asked that Planning Commission be advised that Council desires their input on the policy question. Due to timing as specified in the appeal process, Council could not delay making a decision on this item. j Motion by Councilor Eadon, seconded by Councilor Edwards to forward the requested appeal by Mr. and Mrs. Godfrey to the Planning Commission; the appeal fee shall be waived; Council requested that the Planning Commission review and make recommendations on the Policy Issue of street improvements required with development under i similar circumstances as in this case. ~J l Page 4 - COUNCJL MINUTES - MAY 9, 1988 j • j • The motion passed Ly a majority vote of Council present; Councilor Johnson voted "Nay." ' 6. VOLUNTEER ROSE GARDEN a. RESOLUTION NO. 88-34 - A RESOLUTION OF [FIE TIGARD CITY COUNCIL NAMING THE NEWLY PLANTED ROSE GARDEN AS FHE CETY OF TIGARD'S VOLUNTEER ROSE GARDEN. b. Motion by Councilor Eadon, seconded by Councilor Johnson, to approve Resolution No. 88-34. The motion was approved by unanimous vote of Council present. 7. KEYS TO THE CITY a. Special recognition for Boy Scout Troop No. 592 for its positive response to the City's request for assistance. Harry and David Bear Creek, Inc. donated 100 Jackson and Perkins rose bushes to the City of Tigard. It was not possible for the Parks crew to plant them all in a timely manner, so a special request was made of several Boy Scout, Cub Scout, and Girl Scout troops. Since these Scouts responded on such short notice, Mayor Brian wished to give special recognition to them for their participation in the planting of these bushes. This Boy Scout Troop ' was unable to be present for the earlier presentation on April 11, 1988. Mayor Brian presented Keys to the City to the following Scouts: Dwight Beemer, Bob Brown, Mike Brown, Chris Foy, Chris George, Heath Hunt, Lee Hunt, Alex Leavens, Keith Maddock, Steven Schoenleber, Matt Weber, Kyle Wong, Dick York, Kenny York. i 8, CONSENT AGENDA: , 8.1 Receive and File: a. Community Survey Results b. Council Calendar Update 5 c. Tentative Agenda Update d. City Administrator Progress Review Criteria e. Municipal Court Study Report ` f. Street lighting Policy Report- - Tabled to 5/16/88 8.2 Receive and File - Petition from Antor Park Association 8.3 Authorize Payment of TVEDC Membership Billing - $250 8.4 Authorize Payment of I-5 Corridor Association Membership - Full Member Status - $350 8.5 Approve USA Pre-Formation/.Storm Drainage Utility District Study Grant/Loan - Resolution No. 88-35 8.6 Accept Public Improvements Known as Tigard Christian Church Sanitary Sewer - Resolution No. 88-36 8.7 Receive and File: Community Development Departmental Monthly Report for March .Lj Page 5 - COUNCIL MINUTES - MAY 9, 1988 Motion by Councilor Edwards, seconded by Councilor Eadon, to approve the " Consent Agenda w_th Item 8.1f tabled to the May 16, 19a8, meeting The motion was approved by unanimous vote of Council present. 9. DARTMOUTH STREET LOCAL IMPROVEMENT DISTRICT NO. 40. a. Acting Community Development Director summarized this item. He noted that the Council held a public hearing April 11, 1988. The hearing was to consider whether to cure defects, or delete portions of the plans which had been declared void or set- aside for any _ reason, and to make any necessary additions to the information j contained in a preliminary engineer's report. Submitted in the staff report was the summary of the Council's motion from April 11, 1988. i. I b. ORDINANCE NO. 88-08 - AN ORDINANCE CURING DEFECTS IN THE PLANS FOR THE DARTMOUTH STREET LOCAL IMPROVEMENT DISTRICT, AMENDING ORDINANCE 84-17, ADOPTING FINAL PLANS AND SPECIFICATIONS IN A REVISED PRELIMINARY ENGINEER'S REPORT, AND ESTABLISHING A FINAL ASSESSMENT PROCEDURE. C. Motion by Councilor Eadon, seconded by Councilor Edwards, to adopt Ordinance No. 88-08. Councilor Johnson commented on the LID process and thanked property owners for their participation. Ordinance No. 88-08 was adopted by a unanimu.s vote of Council present. 10. PUBLIC HEARING - ZONE CHANGE ANNEXATION - ZCA 88-04 TIGHE NPO pia A request by Glen and Shirley Tighe to annex .35 acres into the City of Tigard and change the zone designation from Washington County R-5 to the City of Tigard R-4.5. The property is located at 14230 SW 117th Avenue (Washington County Tax Map 2S1 IOBA, Tax Lot 700). a. Public Rearing was opened. b. There were no declarations or challenges. i c. Senior Planner Newton synopsized this agenda item and reviewed the staff report as submitted in the Council packet. d. Public Testimony. Proponents: o Glen Tighe, 14230 SW 117th Avenue, Tigard, OR 97224. Mr. Tighe briefly summarized his reasons for wanting annex to the City. His septic system failed with the only other long term remedy being connection to the sewer which is in the City. Because the situation was urgent, the Community C Development Director allowed the Tighes to connect to the City's sewer after the annexation request was filed and all fees paid. Page 6 - COUNCIL MINUTES - MAY 9, 1988 w .1 Mr. Iig`.c commented on the fees which tit., had paid to dale. Mr, riyhe requested, bocause of financial hardship, a refund of annexation fees. Q. Senior Planner Newton recommended adopLion of the resolution and i ordinance as submitted to Lho Council. If approved, staff would then forward the annexation r•equesL to the Boundary Commission and assign the plan and tone designations to the property in conformance with the Comprehensive Plan. i Senior Planner Newton requested Council consider the applicant-'s request for refund of the $520 tone change and annexation fee. i Senior Planner Newton referred to the City Administrator's memorandum of April 29, 1988, in which he recommended Lhat Council hold to present policy and deny any fee waiver request except for City initiated actions or errors. Council could allow the Tighes' request to be tabled pending development of a revised fee schedule, and then retroactively adjust if necessary. f. Public Hearing closed. ` i j g. RESOLUTION NO. 88-37 A RESOLUTION INITIALING ANNEXATION TO THE i L CITY OF TIGARD CF THE TERRITORY AS OUTLINED IN EXHIBIT "A" AND DESCRIBED IN EXHIBIT "B" ATTACHED. (ZCA 88-04) (TIGHE). h. Motion by Councilor Johnson, seconded by Councilor Eadon, to approve Resolution No. 88-37. The motion approved by a unanimous vote of Council present. I i. ORDINANCE NO. 88-09 AN ORDINANCE ADOPTING FINDINGS AND CONCLUSIONS TO APPROVE A ZONE CHANGE (ZCA 88-•04) (TIGHE) ANO DECLARING AN i EFFECTIVE DATE. j. Motion by Councilor Johnson, seconded by Councilor Eadon, to adopt Ordinance No. 88-09. Motion was approved a unanimous vote of Council present. i k. Council discussed the fee waiver request. After lengthy discussion lr Council agreed Ghat they would be reviewing the fee schedule at a G future date. Councilor Johnson expressed concerns on a fee waiver, noting costs which are incurred by the City regardless of the site of the proposed annexation area. ' i1. Motion by Councilor Edwards, seconded by Councilor Eadon, to not grant a fee waiver to Mr. and Mrs. Tighe; Council will be reviewing . j the fee schedule for annexations; if the fee should be revised downward, then the Tighes would be rebated the difference of what P they paid and the new fee-schedule amount. i The motion passed by a majority vote; Councilor Johnson voted nay. Page 7 - COUNCIL MINUTES - MAY 9, 1980 • 11. PUBLIC HEARING - ZONE CHANGE ANNEXATION ZCA 08-02 LEWIS NPO N3 t^ A request by Brian Lewis to annex 3.05 acres into the City of Tigard and i j to change the toning designaLion on Lhe property Train Wash;ngt-on County R-6 to City of Tigard R-4.5. The property is located at 12902 SW Walnut j Street (WashingLon County Tax Map 2S1 4AD Tax Lot 3400). ' a. Public Hearing was opened, b. Declarations or Challenges - Councilor Johnson noted that she lived in the noL-iced area; she indicated she had no partiality with regard to this zone change annexation request. c. Senior Planner Newton summarized this agenda item. The applicant is t, requesting annexation to obtain sewer service to the property. Once C annexed, the applicant intends to 'file with the City for approval of b.. I a Minor Land Partition. b, The property is within the City of Tigard's active planning area. If the resolution presented fur consideration by Council was approved, staff would forward the request to the Boundary j. I Commission. The ordinance under consideration 'would assign the I. ' R-4.5 zoning designation to the property. The R-4.5 zoning conforms to the City of Tigard's low-density plan designation which was assigned to the property in 1983 at the adoption of the Comprehensive Plan. d. Public Testimony ( Proponents: !I a Brian Lewis, 12902 SW Walnut, Tigard, OR 97223. Mr. Lewis advised Council of his desire to be annexed to the City of Tigard. e. Senior Planner Newton advised that staff recommends approval of the proposed resolution and ordinance. f. Public Hearing was closed. g. RESOLUTION NO. 88-38 - A RESOLUTION INITIATING ANNEXATION TO THE CITY OF TIGARD OF THE TERRITORY AS OUTLINED IN EXHIBIT "A" AND - DESCRIBED IN EXHIBIT "B" ATTACHED. (ZCA 88-02) (129TH 6 WALNUT). _ I h. Motion by Councilor Johnson, seconded by Councilor Eadon, to ad•3pt Resolution No. 88-38. Motion was approved by unanimous vote of Council present. E i. ORDINANCE NO. 88-10 - AN ORDINANCE ADOPTING FINDINGS AND CONCLUSIONS TO APPROVE A ZONE CHANGE (ZCA 88-02) (129TH & WALNUT) AND DECLARING AN EFFECTIVE DATE. j. Motion by Councilor Edwards, seconded by Councilor Johnson, to adopt E / Ordinance Nc. 88-10. k The motion was approved by unanimous vote of Ccuncil present. E, Page 8 - COUNCIL MINUTES - MAY 9, 1988 li f . 12. PUBLIC HEARING - 70TH AVENUE VACATION. a. Public Hearing continued from August 31, 1987. b. There were no declarations or challenges. i , C. Acting Community Development Director introduced this agenda item. Development Services Manager outlined the contents of the ordinance and the history of this agenda item. d. On August 31, 1987, Council opened a public hearing to consider the vacation of portions of SW 70th Avenue and SW Gonraga Street. Council approved vacation of SW Gonzaga Street and delayed consideration of SW 70th Avenue to May 9, 1986, pending completion f~ of certain transportation and land use planning work. All of this , work has not been completed; however, staff recommended a specific policy on right-•of-way vacation within the Tigard Triangle. This { policy would allow for the proposed 70th Avenue vacation to occur. e. Development Services Manager noted that utilities had been contacted again for comments. The proposed ordinance requires that a public easement for drainage and sewer be retained. f. Acting Community Development Director noted that the area NPO had reviewed this request and supported the staff recommendation. g. Public Testimony Proponents o Gerry Cacti, 15170 SW Sunrise Lane, Tigard, OR, had questions about vacation of the remainder of SW 70th Avenue as the area develops, Mayor advised that the action under consideration by Council at this meeting was for this parcel only. Other vacation requests on 70th Street would be considered on a G" case-by-case basis. Acting Community Development Director noted that more detailed study would be necessary for portions of the remaining rights-of-way on S.W. 70th within the Triangle before vacating. He referred to his memorandum dated April 27, :988, (included in the Council packet) outlining right-oi'-way 1 vacations in the Tciangle area. o Alfred Kindrick, 12560 SW 70th Avenue, Tigard, OR. Mr. Kindrick noted that he had initiated the street vacation request and had circulated the original petition. He acknowledged that the vacation request was altered somewhat from the original request, but supported this alteration. h. Recommendation by Community Development staff was for approval of the proposed ordinance which vacates a portion of SW 70th Avenue and reserves a public easement for drainage and sanitary sewer. i. Public Hearing was closed. Page 9 - COUNCIL MINUTES - MAY 9, 1988 't j. ORDINANCE NO. 88-11 - AN ORDINANCE VACATING A PORTION OF SW 701H AVENUE, A DEDECAIED REGHT-OF-WAY WITHIN WEST PORTLAND IIEEGIIrS AND BEVELAND, RECORDED SUBDIVISION PLAT::, IN THE CITY OF IIGARU, WASHINGTON COUNTY, OREGON. k. Motion by Councilor radon, seconded by Councilor Johnson. to adopt Ordinance No. 88-11. The motion was approved by unanimous vote of Council present. ' 13. PUBLIC IFAIWI)mG - OOP IVE PLAN AMENDMENT CPA 88-01/ZC 88-03 f RIVERWOOD PROPERTIES NPO N4. I Review of a Planning Commission recommendation of approval for a request for a Comprehensive Plan Amendment from Low-density Residential to Commercial General a:,d a zone change from R-3.5 to C-G. Location: 11630 through 11965 SW 79th Avenue. (w(:rM 2S1 36CD, Tax Lots 2300, 2400, 2500, f 2600, 2700, 2800, 2900, 3000, 3100, 3200, 3300, 3400, 3500, 3600, 3700, 3800, 3900, 4000, 4100). ' I a. Public Hearing opened. b. There were no declarations or challenges. C. Senior Planner Liden summarized this agenda item. On April 5, 1908, the Planning Commission reviewed the application and unanimously F. recommended approval of the proposed plan amendment from low-density Residential to General-Commercial and tone change from R-3.5 - (Residential, 3.5 units/acre) to C-G (General Commercial) for 19 I. parcels on SW 79th Avenue. ' d. Public Testimony Proponents: o Gordon Davis, 1020 SW 20th, Portland, OR, representing S Riverwood Properties advised Council on the proposal. j Riverwood Properties has either purchased or entered into agreements to purchase all of the 19 homes that exist within the Twin Oaks Lane subdivision. Therefore, all of the residents within the subdivision have expressed, by their willingness to sell, a desire to leave the neighborhood and allow their property to be otherwise used for commercial purposes. There was Council discussion on the absence of evidence that affected property owners were in favor of this Zone Change (i.e., no written evidence in their packet or significant representation from the residents at the meeting). Mr. Davis noted that he had with him signed copies of agreements and other documentation. Legal Counsel Ramis j reviewed the documentation. I ( Page 10 - COUNCIL MINUTES - MAY 9, 1988 i o Ross Cifford, SW 79th SLr•eet, Tigard, Oregon, noted that he was i a resident- of the area and that, to his knowledge, all 19 ~ property owners were in agreement with the request from Riverwood Pr•upur•L'ies. He asked if there wa: a way the property could be rezoned to residential if for some reason River,ood Properties did nut complete their proposed development. Legal Counsel advised that if a problem should prevent the project from being compleLed, then City Council could initiate a zone change to zone the property as residential once again. s 0 e. Senior Planner Liden noted that Community Development staff C 1 recommended approval of the application and adoption of the proposed j ordinance. 4 f. Public Hearing closed. I i g. ORDINANCE NO. 86-12 - AN ORDINANCE ADOPTING FINDINGS AND CONCLUSIONS TO APPROVE A COMPREHENSIVE PLAN AMENDMLNT (CPA 88-01) AND ZONE CHANGE (ZC 88-03) PROPOSED BY RIVERWOOD PROPERTIES. h. Motion by Councilor Johnson, seconded by Councilor Edwards, to adopt Ordinance No. 88--12. JJ ! Motion was approved by unanimous vote of Council present. 14. PUBLIC HEARING - 130TH AVENUE CONDEMNATION HEARING Consider condemnation of undedicated portions of SW 130th Avenue, at its E. intersection with Falcon Rise Drive and Winterlake Drive, to provide public access to the village at Summerlake subdivision. a. Public Hearing was opened. b. There were no declarations or challenges. C. Acting Community Development Director noted that the City had previously entered into a condemnation agreement with Don Morissette Builders, Inc. The proposed resolution enables the condemnation process to move forward and declares the condemnation is for a public purpose; namely, to facilitate development in accordance with the Comprehensive Plan. d. Public Testimony Proponents: f C Andrew Jordan, Attorney representing Don Morissette Builders, 1600 SW Cedar Hills Blvd., Portland, OR 97225. Mr. Jordan noted that he supported the condemnation proceedings. e. Community Development Director advised that staff recommended that j the proposed resolution be passed at this time. f. Public Hearing closed. i g. RESOLUTION N0. 88-39 A RESOLUTION OF THE TIGARD CITY COUNCIL CONDEMNING PORTIONS OF 130TH AVENUE (UNDEDICATED) AS DESCRIBED IN ATTACHED EXHIBITS A, B, AND C. Page 11 - COUNCIL MINUTES MAY 9, 1988 F-7, 77 t. h, Motion by Councilor Edwards, secundad by Councilor Johnson, to adopt Resolution No. 88-39. The motion was approved by a majority vote of Council present; Councilor Eadon voted nay. 15. PUBLIC HEARING - ZONE ORDINANCE AMENDMENT 10A 87-07 CHAPTER 18.114 SIGNS. a. Mayor noted that during the study session, Council consensus was to continue this public hearing to May 16, 1988. There were persons in the audience who had attended the meeting to testify. Council consensus was to allow these persons to testify if j they desired. f b. Public Testimony: k Opponents: o Gerald Kolbe, 14357 SW Pacific Hwy. Mr. Kolbe expressed his concerns on lack of flexibility in the proposed ordinance amendments with regard to sign area. Ile noted that page 42, 18.114.145(a)(2)-the words "or area" if added after the word "height" would allow some flexibility if a sign should be slightly over the criteria listed in the ordinance. After aiscussiun, Council noted that they would look at this (j area and discuss it further next week- o Jerry Feller, 11440 SW Pacific Hwy., noted his concerns on conditions for freeway-oriented zones. Ilis "Mobil" gas station on Highway 99W was at one time (during this process) within the freeway-zone area. With the revisions as now proposed, his service station would no longer be in the freeway--oriented zone. Mr. Fuller advised that 75 percent of his sales rely on I-5 traffic and recognition of his sign. Ile also noted that competitors which lie just outside the City limits and near his station would be allowed to have larger signs. There was discuss:on on this issue between members of Council and Mr. Fuller. Mr. Fuller asked that Council consider other criteria such as percentage of business derived from freeway traffic or what competitors were allowed to have as signs. 16. W;AGENDA ITEMS a. TEMPORARY TRIDr.Z PROHIBITIONS ON SW 90TH AVENUE - Council received ; a summary sheet and a proposed resolution from staff on this agenda item. Truck traffic has been occurring on SW 90th Avenue by Metzger School as a result of Lincoln Center construction. Staff requested a temporary truck prohibition on SW 90th Avenue. ! _ Councilor Edwards noted his concerns that when there is a perceived ( problem with truck traffic, then the solution has been to close streets to truck traffic. Discussion followed. Page 12 - COUNCIL MINUTES MAY 9, 1988 l~ 7 b. Mayor sugge;Led Lhe wording be added to Section 1 of the proposed resolution: "Local deliveries on SW 90th Avenue will be excepted." ^ This way delivery trucks to residents on 9W 90th would not be j jeopardized. I - c. RESOLUTION NO. 88--40 A RESOLUTION PROHIBITING THROUGH TRUCKS ON SW 90TH AVENUE FOR A PERIOD OF SIX (6) MONT11S. j- d. Motion by Councilor Johnson, seconded by Councilor Eadon, to approve Resolution No. 88'-40. i Motion was approved by a majority vote of Council present; Councilor Edwards voted nay. ` 17. ADJOURNMENT 10:17 p.m. Approved by the Tigard City Council on ILc / 1988. t i. Deputy Recorder - City of Tigarrd~ 7 ATTEST: j Mayors- Ci y of Tigard cw/4816D c' 1 i ~ Page 13 - COUNCIL MINUTES - MAY 9, 1988 r ( PUS ~6-1996 15:50 CITY OF CORNELIUS 1! P.01i05 MEMORANDUM y i Date: 8126196 J( t-t t 1 TO. Washington County: Cities Mayors City Council Members City Manager .9 Administrators City Recorders From: Jeannine L. Murrell, Cornelius City Council Member, Washington County Small Cities Representative to Metro Policy Advisory Committee (MPAC) % Subject: MPAC Representation CC: See Distribution List Priority: Urgent As some of you may know by now I am not seeking a third tour of elected office. 1 am self-imposing a minimum two year sabbatical. As such the issue of my j replacement on the MPAC now needs to be addressed. j i My intent is to stay active up to my last day in office. December 2, 1996. 1 am willing to serve as your representative faithfully to that end. I have spoken to Mayor Lou Ogden who has indicated that he too may wish to take a political season off. The MPAC by-laws Article III Section 2B indicates that the position of primary and attemate MPAC representative '...will be appointed jointly by the governing bodies of those cities represented. The member and alternate vAll be from dtfferent jurisdictions. The member and alternate will serve two-year terns unless other action is taken by the appointing authority. In the event the member's position is vacated, the alternate will automatically become the member and complete the original tens of office.' I Lou Odgen and I agree that we need to get these positions realigned to a two year commitment at least. MPAC is a very time consuming commitment and only the `hearty at heart could stay for a longer period of time. So this is my proposal to all of you. I propose that we hold a preselection of candidates who would like to serve as the member and alternate on MPAC for the Small Cities of Washington County. I am asking that each City select a person(s) from among your Councils who wishes to represent the rest of us at I METRO. This person can either wish to serve as the primary of attemate, s II CITIES OUTSIDE THE URBAN GROWTH BOUNDARY ARE UNABLE TO i PARTICIPATE IN THIS SELECTION PROCESS. j Then, if agreed by the whole, I would ask that each City forward their candidate II~ to me. I will put all the names together on one ballot and send it back out for a vote. The final ballot would be sent back in to me and I would tabulate the ! results and announce the new representative(s). IN SHORT: 1. ALL AGREE TO LET ME DO ALL THE PAPERWORK RELATING TO THE NOMINATING AND BALLOTING FOR THE NEW MPAC \.J REPRESENTATIVES. [TO BE DECIDED BY SEPTEMBER 30TH.] r 1 .7 -J1 7-7 ,tG cb-19Sb 15 50 CITY OF CORNELIUS P.02r05 MEMORANDUM 9 ~ 2. EACH CITY WOULD FORWARD THEIR CANDIDATES FOR THE ~ POSITIONS ON MPAC. [TO BE SENT IN BY OCTOBER 31ST.] i 3. 1 WILL PLACE ALL THE CANDIDATE NAMES ON A BALLOT TO BE SENT OUT TO THE CITIES TO BE VOTED ON. [OUT TO THE CITIES BY NOVEMBER 4TH. CITIES HAVE THEIR BALLOTS IN r BY NOVEMBER 15TH.] 4. 1 WILL TABULATE THE RESULTS OF THE VOTE AND ANNOUNCE THE NEW REPRESENTATIVE(S). BY NOVEMBER 18TH.] I tvculd appreciate if you respond back as soon as possible if this arrangement is satisfactory. Anyone with other suggestions would be cheerfully received. 1 would hope this does meet everyone's satisfaction though. Also attached to this memo is a copy of an e-mail I received from Peggy Lynch who concisely sums up what is happening. I am forwarding on with her blessing j for all you to read. 1 I look forward to hearing from you. If you need to reach me you can contact me through the following numbers. My office: 359-4939 ' My fax: 357-7618 City Hall: 357-9112 City Hall fax: 357-7775 _ jlmfjlm f snres CONFIDENTIAL 3 71 J rbj: UGM Functional Plan 8 Aug. 13th Board Work Session n: vte: 96-09-14 18:10:07 EDT om: ZULUDAR f: cao@co.wasNnglon.or.us Wyzone, GandGlydel ':HndsLp6Iers@co.wasNngfon.or.us r: Washington County Board of Commissioners inderstand that you received an update on the Functional Plan al your Aug. 13th meeting, yet the Plan handed out by stallwas NOTthe "Working Draft" forwarded by afro's Growth Management Commi(ee to the full Metro Council on Aug. 9th. Had I known, I would hats brought copies--I picked them up on the 81h W. the Council eeting. mceurage you to directfy call Metro and ask for copies of said draft. Since MPAC's draft, legal counsel for Metro has redewed the document arxl made modifications [opted by the Growth Management Committee to assure continuity and clarity. The Growth Management Committee made additional modifications after receiving oral id MI(en testimony, with Courxilor McCaig's rewrite of the "Benchmarks" suggested by Metro Exec Mike Burton becoming Performance Measurements Mich Metro 11 use to assure that the region is successfully mating toward (he 2040 Growth Concept adopted by the region. (And Including Arategies for taking corrective easures Ifwe are NOT.) n ad I krxmn of your work session topic, I would have gladly offered myself as a resource to the Board. HaV rig s lended almost all MPAC meetings and some Growth anagement and Council meetings related to the formation of this document, I can share The discussions which have concluded in crafting this latest document. u 'rforkxralety, I will be unable to attend next week-either the work session or the CCI meeting that Commissioner Kalsion is attending, but would willingly schedule iother time. u x the Ca meeting, i have faxed Unda Gray a copy of the fax covers indicating the myriad of govemxments and local groups/citizens who receive my MPAC Updates ler each MPAC meeting in order that you are aware of the o trench I haw provided as Washington County's "cltizen" rep. on MPAC. Lately, I haw begun headng from )me recipients that they haw been renewing these reports arrd acting on their content, although I haw been disappointed tint I have received tittle direct feedback to fJ )Ip guide my des. My atlendance of numerous countywide meetings and Iistering to comments has helped. wniding fa the consistent majoily feeling regionwide-Including Washington County-That we should attempt to hold the line on the current Urban Growth Boundary-a1 ast until we can work locally wdneighborhood groups and busIneses on re-planning aril can see haw the market and developers can respond to this goal. The effect of o current Functional Plan will meet that goal-at least for the short farm. It provides for jobs and housing to the year 2017-4he 20-year supply required Ly law. That of erdse Is the basis of this Plan. v~ !th that global goal comes wry real concerns in Washington County about our lack of transit and that our current road network might be insuf6clent to meet demands. a ihaf end, I (and others from Wash. Co.) asked to see a "Transit" component to the Fux tional Plan. According to Metro legal counsel, the Functlorral Plea can ONLY "w , a binding on cities and counties. W. recognizing and HEARING our concerns, Td-Met has done two things: 1) In direct response to MPAC, Td-Met has publicly ,n xnmitted to elgnrng an Intergowmmental Agreement w/Melro binding them to supporting the 2040 Grath Concept and 2) ham set out a plan to engage local J Yvemments and citizens this fall In seeking ways to meet those goals. t pother Issue about which I haw heard concern is the parking section. I haw repeatedly asked local staff countywide to give examples Mere the parking minimums in is Plan are lower than In their current codes and where developers haw asked for maximums higher than In the Functional Plan. Solar, I haw recawd no response. I oil" that Ile numbers In that seclion haw been compromised to the point that they simply set a precedent: minimums and maximums are acceptable. In fact, that is ~1'~rlf®se®Ifr~1lalea ~e they fight be, someday' es constraints d numbero are too tow or too high but \h at " only NEW level°pmentt grrridise that we dori\ haw the roe Brat the cuneM alts these st2cdards in y hornWash a Alon-+ ad to req Much of 401 ivs he ears e those in °pP04 been thong r the next tY u Y t catlCemthe Plan has this Issue. es We iy _ d wn at 1 heard that One 'ern on theta is oblecadn. connyiiti ~ nod for x s at 100 em pu%zl d by the ini11 need to te-O s to sal' n. mad ~ dia is anolhet issue these standada. l MR such since WO .I govern~ by redeem "Be M neprecludetymeeUwhen an a116mptis made to acli trial areas, it seems to iffier-exce cal-•lhattcany be accom odd top lch ml9 larld yet & ius 4,4 reommetd more comm 1vAtk like Putt easures and all AIM and retail in em % dyme 14al 1es (and the 1f need 40 Plan ,imam denslges the tarred Prowy") Stm112dy. or pe dM° it ~yashin9tdn county au { issues two fi V to set 1LT onx e e Y~°Y we can carehiiy pt UST Be E our commurilies, ace ot~ proua~ m metro, ►atge that alt of x urel l rosponslblltty erd droll; pf{et a o ,at does NOT apply.' 1 iN pNs d at least 004n deed- the c- M adopt "canned' d ee, OmmerA 1 "tin e issue ldrit 1 kfa t ve that 00 xd meets ~ tassel by • uft a "Shall" to a rode it so 1agi viPed an rily. Small c°mmuribe Coutty srri9 raised by local go` n needs. The v modified tiro Nprkin9 to Change t smile, issue rat 1 its our comma on ~ gems the Plan eta truly niy s issues hn9 t thod that bas ssrner that meets Wastireit I it We that nigh a rgsor~bt hajj n in {espouse to tx hem Addrtton9~ Y Id yvery limited resd ,act mutt' GIs in a the nl eedr4 to us the is doctiL bas donthaye UX $2 billion to bd vath their Impro"o it see use i of Ser+lce Issue and chopse ! that fit' °mad ids s v,Wld need to be more we be used by those t arding the Love yAh? cl f eM very 16211 act Sch~shmm je Another m to tie I a c1scussiva'1 no eds s di0eretgu ed,dads can q~t hard "M ats , ~ to One e dilemma to d0 thing .,AN out Just me tirdt .01 9~ have and tgure out away ie9 But g otSetrg more chdcea eo nctior>a1 Ptah and pAC~• fo rAr i CCU,, that sdrt in deiermn+ all need to add -lrid,4rg set Wh in the Fu e their Pliers (M ed and a at th ta~l1° We ro9,on is tra «10ms we on iro1d6 the UGg ke that oee b6 its. mat could be txeae Y titer mber at years ° b look rnisiorrs tat appealing ,,,ill ma a nu od transP ata enslve to improw rata comply.' Thh~ X11 a1pclear P1Y pt Qoal JUAS 9 iicgorr h~ 8dlctions cantake-ag►sed up°n 1 ght be less expo re bulling W happens i1 v+e rnision t age a nea[bY gel local 1 hop~lY• v+d ,age you to on telheir,"r share', t18C series of steps I 'bOUt the ljGG0s tl t ere not bolding etrtslle e rlted I Onca u a sty, % of RUG~;Os yt itvtttish atydlher on is a clear . pted, (fista d~ ? W is impt 6rig the d 9hk w e~Ye C SLOW is not sees y at least try. qis Plan `I u tsdlcliOn 19 d issue the MPA 'All i1 cost us tf t►~e e1shfp VA" be treed Mich ° cepted. End gut V~hel Your lead @ the Issue t torte al 9 hrded shop and play, would riillldng`Yeshat we,e bra M ~menb.~vlh ir>c t everyttin9 opts can live, and the redron no planner, bul draft u osl? s tles %'W~tington ~Y t cetlalMY small sections I as comtr set VA%h Y I to all sides, two l% going to c .nee in rx 0both Id be VAIN to m ~1e• pp listen eetirig mtth it in a m2nnef h, of the plan, i Wou 9 They have ctiambef has sent ,,gnus to help craft ,walk thmu9 complete a picture as tam S°Pt' The geavett°t1 11ke a POTS Orval 2dlended to 91w as u1i1}c hearing - ld geave+t°n is holdit'g POI". The City me6g NO yith Its Cl1 zentrNa MT~ exerted `ui any atised at the meek( Mears Business.10 OR been dm9 the "2040 5 and 12• held v%11 the neviY kx me after toa ho Cgeycii on Sept. the Plan Td ants, as U eatn9s are before the tookeep them updatedN on CourtY cidZt'tuneeds vao and µt11 t~ tl'e ey as ju modit~icat10n. io next pub►Ic her comtnl~rty leaders em and many we sect ry destined n tit Ca Old dti in the PSat- as have snd Industrial ,t rbTre tes stall In EmiidYmern though neither concept seem uremorite has clearly 14. 4 M•4,W Cn{N.:VM•". stated Pu ante 'less t+4•' 4a l 1e Council loar McCaig _ . I yw•w•n"r•` „ O s prevailing fading expressed by many Metro Councilors is that local govemments brought this forward to them for adoption and, since it Wit be binding on local a o emmenis, it is Important to "keep the faith" w(lh those local gmemments. I expect to see amendments and Improvements, but vWd be surprised to see giant I inges in direction by the Council In October when this Plan Is elated for adoption UNLESS issues are raised that compel the Council to rethink the Issue being raised. o j course, this Is a public process and I cannot prMnle to know ha vv each of the seven Councilors Wil w1e on any iseue, 1 j ain, I would be most Wiling to Mork with each of you on this Important Issue. Please call iay'a MPAC meeting Is elated to see adoption of a position on the Urban Growth Report. b1TAC has recommended that the Council NOTadopt the Report until after ' or governments have a chance to see if the Functional Plan will work locally. If that position prevails, there would be no action on moJng the UGB until December of 37. Stay tuned Action IS slated on selection of Urban Reserves. r m off to Beaverton City Hall to see a presentation of ideas surrounding their Central Downlom Plan. The current draft supports the Functional Plan concepts and Lid Malty "give Beaverton a heart", using both public and p Made partnerships. It is an exciting time in Mich we live. } ggy Lynch 6-4580 } f Z I.~ l] ll Q I J _ i r N 1 ~ .n N Gl l r YV• 1ryA / 1,711 /mom -Wy h 1 I - f AGENDA ITEM # For Agenda of CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY 1SSUE!AGENDA TITLE Initiation of "aca*io Pre ding for ppmximawly 4,431 square feet of Public right= j of-wav on W Torland Court. PREPARED BY: William D'Andrea DEPT HEAD OK CITY ADMIN OK 1 ISSUE BEFORE THE COUNCIL Should the City Council initiate vacation proceedings involving approximately 4,431 square feet of public right-of- way on SW Torland Court? STAFF RECOMMENDATION It is recommended that Council initiate vacation proceedings by adopting the attached resolution. INFORMATION SUMMARY In the City vacation process of streets, easements, and other public dedicated areas, the City Council begins the ^rocess by passing a resolution to schedule a public hearing to consider such requests. Tom Kenyon and Laura Martin are requesting that the City Council initiate vacation proceedings for approximately 4,431 square feet of public right-of-way on SW Torland Court. Southwest Torland Court was created with the recording of Torland Estates Subdivision (SUB 91-0016) on September 30, 1994 and stubs at the property line of tar lot 6200, owned by the applicants. Tax lot 6200 was created with the recording of a final ? partition plat (MLP 94-0005) on May 10, 1994. The partition was approved without requiring extension of SW Torland Court because at the time of the partition application, the subdivision had been sitting in an approved status since 1991. No action had been taken to record the subdivision. Mr. Kenyon constructed a single-family detached residence on the parcel. The applicants desire to partition tax lot 6200 to create an additional two lots. f City codes require the extension and/or provision of a turnaround for SW Torland Court. Such an improvement I j would render the proposed partition unfeasible given the location of the residence and code standards relating to public street widths. Southwest Torland Court was originally extended to provide the potential to connect to other streets. Given the surrounding development patterns and the applicants desire to partition, the applicant contends that extension of SW Torland Street is not necessary. The applicant requests that approximately 4,431 square feet l of SW Torland Court be vacated as this public right-of-way is no longer needed. The proposed lots to be created on lot 6200 would be served by a driveway that connects to SW Torland Street. This driveway would be contained within the area proposed to be vacated. Necessary easements would have to be secured from the property owners of lots 3 and 4 for such a driveway to be allowed. Appropriate agencies shall be contacted for comments, prior to developing a report for Council consideration. [ attachments: Exhibit A - (site plan) Exhibit B -(vicinity map) _I i:\cigsvidc%sum\vacrod.sum Pagc I oft - , - - NO/% 12:04 PM - 1 OTHER ALTERNATIVES CONSIDERED Take no action at this time. FISCAL NOTES All fees have been paid by the applicant. i i .n - i. i i:kitysvide\sumWactor1.sum , Pagc 08108/9612:04 PSI _ of 2 _ n AGENDA ITEM # .3. 3 I ! FOR AGENDA OF 8/27/96 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Award Contract for Tigard City Hall Roofing Project PREPARED BY: Ed Wegner DEPT HEAD OK CITY ADMIN OK~ / ISSUE BEFORE THE COUNCIL I Award the contract for the roofing of Tigard City Hall to the lowest and best bidder and authorize the City Administrator to sign the contract documents. i STAFF RECOMMENDATION Recommendation will depend upon bid results obtained August 20, 1996 at 2:00 p.m. This will be forwarded to City Council later this week. INFORMATIONS MMARY ®he roof over City Hall has leaked for the past several years. Temporary repairs have been done, but the roof continues to leak. Council was presented with alternatives and requested staff to proceed with this design. i OTHER ALTS NATIV S CONSIDERED FISCAL NOTES Funding for this project is designated in the 1996/97 General Fund. The amount budgeted is $112,000. + _ ~ " ~ i:kiryxiddsumtroofdoc j _I I t . ' •T r77 77 Y: BID TABULATION " E. ~E PROJECT: Staff Recommendation to the LCRB is to accept the bid of Zinc } Tigard City Hall Commercial for $94,900.00 Roofing Project: i f DATE: August 20, 1996, 2 PM PROJECT NO.: 9604 BIDDER BASE BID DEDUCTIVE ALT #1 TOTAL W/ALT DEDUCTIVE ADDITIVE ADD 1 ADD 2 CHANGES CHANGES (.loHnE,~iA~ 9'7 , 9o b /,--zoo yl l 7l f'Ir'~El ~lI oo Goo o o ~ o f 1 I i { i I ~ I c Rich E. Ragland, ALA r a vie AGENDA ITEM # y FOR AGENDA OF 8/27/96 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE _Qposals PREPARED BY: Duane Roberts DEPT HEAD OK CITY ADMIN OK W4&-' ISSUE BEFOR t Community Development Block Grant (CDBG) project applications. STAFF RECOMMENDATION Authorize submittal of seven project applications. INFORMATION SUMMARY Washington County is accepting project proposals for the 1997-2000 CDBG funding cycle. Staff recommends he city seek grant funds for the following projects: Curb, sidewalk, and storm drainage improvements to one side of SW 91st Ave, between SW Lincoln Ave. and Greenburg Rd. (SW 91st abuts an apartment complex that Partners for Affordable Housing is attempting to acquire); 2. Curb and sidewalk improvements to one side of SW Garrett St, between Pacific Highway and Ash Ave.; 3. Curb, sidewalk, and storm drainage improvements to one side of S_ W Lincoln Ave- between SW Commercial t St. and S W 91 st Ave.; j 4. Curb, sidewalk, and storm drainage improvements to one side of SW Commercial St between SW Lincoln Ave. and Main Streets; 5. Storm drainage improvements along SW Thorn St. between SW 78th Ave. and 82nd Ave.; 6. Curb, sidewalk, and storm drainage improvements to one side of 22nd Ave. between Lincoln Ave. and Greenburg Road; 7. Bikepath improvements along one side of North Dakota t from Tiedeman to the Fanno Creek Greenway. Competitive categories for CDBG funds include public facilities, infrastructure, and public services, with all of the Tigard projects falling in the infrastructure category. Project sponsors are required to rank projects submitted in order of priority, up to a limit of three projects per category. A certain number of rating points are assigned based on this ranking. More than three projects may be submitted in any one category, but only three are eligible for priority rating points. Based on project cost, community benefit, and other factors, first priority among Tigard's i proposed projects has been given to the 91st Ave. project, second to the Garrett St. project, and third to the Lincoln Ave. project. opies of the full applications are available in the City Recorder's office. t OTHER ALTERNATIVES CONSIDERED Not to submit one or more applications. t I. FISCAL. NOTES f The amount of grant funds requested for each project is highlighted below. A 12% city contribution is proposed for each. All of this match would be in-kind contributions: 2% in the form of administrative overhead, and 10% in the form of design and construction supervision services. No local cash or hard dollars would be pledged. 91 Ave., $ 95,000 k Garrett St. 75,000 Lincoln Ave. 95,000 Commercial 125,000 Thorn 75,000 92nd Ave. 95,000 North Dakota 125,000 The approval of this resolution does not financially obligate the City. Actual appropriation of funds and acceptance of a grant would require separate budget committee action. The County project selection process Il for grants to be awarded for fiscal years 1997-8, 1998-9, and 1999-2000. iAcit}widclsum\cdbg.sum i - 1 i r i i~ 1 AGENDA ITEM # FOR AGENDA OF Aggu527 1996 CITY OF TIGARD, OREGON " . COUNCIL AGENDA ITEM SUMMARY or D-____.:, ISSUE/AGENDA TITLE Intergovernmental Agreem f n o an me .r an a~ Feasib~hty i ; Analysis. Phase 1 PREPARED BY: WAM DEPT HEAD OK CITY ADMIN OK G~ ISSUE BEFORE THE O JN II Should the City Council support financially a feasibility study for providing interurban rail service on an existing rail line between the City of Wilsonville and the Merlo Light Rail Station in Beaverton? Should the City participate financially in the study, contributing $6,261.67 to Phase I? STAFF RECOMMENDATION Staff recommends that Council authorize the Mayor to sign the attached Intergovernmental. Agreement on behalf of the City. Council should also authorize the expenditure of $6,261.67 as the City's anticipated financial contribution to Phase I (Ridership and Institutional Constraints Analysis). i INFORMATION 91 JMMARY Mayor Nicoli has been involved in a series of discussions with representatives of Washington County, Beaverton, Sherwood, Tualatin, and Wilsonville concerning the potential for interurban rail service to complement the region's existing and proposed bus and light rail mass transit system. The participants have determined that a feasibility study is needed to obtain answers regarding the ridership and legal issues involved in the operation of a rail system. A draft scope of work has been prepared which is estimated to cost $37,570 for the completion of Phase 1. After completion of Phase 1, a decision will be required from the steering group made up of representatives of each of the project participants. Further study and analysis will be needed before any plans are made to develop an interurban rail system. A draft Intergovernmental and scope of work to be used by a consultant chosen by the Steering " group is attached. OTHER ALTERNATIVES CONSIDERED 1. Take no action at this time. FISCAL NOTES The City's share for participation in the Phase 1 analysis is $6,261.67. If the Steering group concludes that the project is feasible, additional funding may be requested from those participants interested in continuing with the I study. An estimate of the cost of phases beyond Phase 1 is not available at this time. ~~ry~~ide~sum~Fa~ail.doc - . i Ll a e AUG 1 I 5 '96 03:41PM WACO LAND USE/TRRNSP P.2/9 ~fr • iY • I 1 n INTERGOVERNMENTAL AGREEMENT ' FOR PREPARATION OF INTERURBAN RAIL FEASIBILITY ANALYSIS, PHASE 1, ; FOR PORTION OF SOUTHERN PACIFIC RAIL LINE IN WASHINGTON COUNTY FROM WILSONVILLE TO BEAVERTON This Agreement is made and entered into by and between Washington County, a political subdivision of the State of Oregon, and the Cities of Beaverton, Sherwood, Tigard, Tualatin and Wilsonville, all municipal corporations of the State of Oregon. t WITNESSETH RECITALS 1. The parties to this Agreement support the Portland Metropolitan Region's desire to promote feasible alternative modes of transportation to the single occupancy vehicle. ; 2. In support of the Region's transportation goals, the parties desire to study the feasibility of providing interurban rail service on an existing rail line between the City 1 of Wilsonville and the Merlo Light Rail Station in the City of Beaverton in Washington County. 3. The parties believe this interurban rail line, should it prove feasible and of reasonable cost, will complement the region's existing and proposed bus and light rail mass transit system (including the Westside and South/North Light Rail Lines) by connecting areas currently not readily accessible to that system. i 4. The parties agree that entering into an Agreement to share the costs of this feasibility study promotes the most cost-effective use of public resources. 5. This Agreement will define legal relationships and responsibilities among the parties conducting the interurban rail service feasibility study. ' NOW, THEREFORE, it is agreed by and between the parties hereto as follows: 1. The feasibility study shall be separated into multiple phases. This Agreement i provides funding and scope of work only for phase 1 (Ridership and Institutional Constraints Analysis) as outlined in Exhibit A. After completion of Phase 1, a decision will be reached by the Steering Committee on conducting further phases. 2. Washington County shall select, with the approval of the other parties, a consultant to conduct the study. I Y AUG 15 '96 03:41PM WACO LAND USE/TRRNSP P.3/9 I 2 3. Washington County shall enter into and manage, on behalf of all the parties to this Agreement, the consultant contract for the feasibility study. 4. Each City shall provide a staff contact to assist the County's project manager during the study and in reviewing the consultant's report. I 5. A Steering Committee to provide guidance and oversight during the course of the study shall be made up of the Mayor of each City and one County Commissioner, The Steering Committee shall receive the final report from the consultant and shall { determine whether and when to proceed with additional study phases. Other 9 agencies (such as Tri-Met, Metro, and ODOT) may be made parties to this Agreement with the approval of the Steering Committee. 1 is $37,570. 570. The cost shall be shared equally 6. The cost of phase of the study s $ t among all parties to this Agreement. Within 30 days of the date the County enters into a contract with the selected consultant, each party shall remit to County the amount of its contribution. The contribution of each party is shown in Exhibit B. 7. In the event a monetary donation is obtained from a private source, the cost of the study to all the parties shall be reduced equally. Upon receipt of any additional contribution to the study, the County shall recalculate the required contribution of each of the original signatories and refund the difference, if any, to them within 30 F" days. 8. Should the Steering Committee decide to proceed with additional phases of this study, this Agreement shall be amended,or a new Agreement may be developed. a GENERAL PROVISIONS 1. The term of this Agreement shall be one year from the date of execution of all parties. ; 2. This Agreement may be cancelled upon mutual consent of all parties. Should the study be cancelled or terminated for any reason beyond the control of the parties, the parties shall in good faith agree to pay their share of the cost incurred to the time of the cancellation or termination. i 3. If any jurisdiction needs to withdraw from the study before it has been completed, it shall pay its share of costs incurred up to the date it notifies the County project manager in writing. The remaining share of the City's obligation shall be spread equally among the remaining parties. The county shall issue refund checks or a i corrected invoice to the cities, as necessary. I~ I L~ C 5 1 ' AUG 15 '96 03:42PM WRCO LAND usE/,rRANSP P.4/9 4. This feasibility study is purely preliminary and further studies must be completed I before any final land use decisions may be made relating to interurban rail travel. The parties individually shall make any and all decisions in connection with the study which concern the application of statewide or regional land use goals or the parties' own comprehensive land use plans and land use regulations. 5. Each party agrees to indemnity and hold the other parties harmless, to include their respective officers, employees, agents and representatives from and against all claims, demands and causes of action or suits of any kind arising o.t of their own acts or omissions under this agreement, within the maximum liability limits under the Oregon Tort Claims Act. L S. Each parry shall enter into and execute this agreement during a duly authorized session of its Board or Council. 7. If the Steering Committee agrees to add other agencies or organizations to this Agreement, the new members shall be added to the end of the list of existing signatures and this Intergovernmental Agreement need not be resigned by the original parties. If an added party shares in the cost of the phase 1 study, the contribution of all the other parties will be recalculated according to the cost share formula agreed upon by the Steering Committee and refunds, as necessary, shall be made by the County. IN WITNESS WHEREOF, the parties hereto have set their hands and affixed their seals as of the day and year hereinafter written. WASHINGTON COUNTY, by and through its Board of Commissioners Date Chair CITY OF BEAVERTON, by and through its City Council. Date Mayor r : t . AUG 15 '96 03:42PM WACO LAND USE/TRANSP P,5i9y • ' 1 ^ 4 CITY OF SHERWOOD, by and through its City Council. Date Mayor CITY OF TIGARD, by and through its City Coun il } W~50 - ~21-1 ate May y CITY OF TUALATIN, by and through its City Council. Date Mayor CITY OF WILSONVILLE, by and through its City Council. Date Mayor - 1 I~ - r • AUG 15 196 03:43PM W ' RCO LAND USE/TRRNSP P.6/9 EXHIBIT A: Scope of Work Inter-Urban Rail Feasibility Study - Phase 4 The Phase 1 Scope of Work will focus on ridership estimates (for regular service), legal issues for both the demonstration as well as regular service phases of the project and a brief understanding of i, physical characteristics of the proposed route. The intent of the Phase 1 effort is to ascertain at a very early stage if there is a potential from a ridership standpoint for commuter rail service along this corridor and if any fatal flaws exist from a legal point of view. j' P1-1.0 Project Management i 1.1 Project Administration 1.2 Attend up to two meetings with committee. Products: Provide Monthly Progress Reports, Quality Control of Project. P1-2.0 Physical Facilities Requirements: 2.1 Trackway Facilities i. 2.1.1 Conduct a brief assessment of track conditions and speed limitations along the proposed corridor for use in the ridership analysis. Identify assumptions relative to temporary maintenance of vehicles during a demonstration program. Product: Technical memo describing existing track conditions. 2.2 Stations: Confirm preliminary station locations and characteristics for use during the ridership analysis currently assumed to be: ► Wilsonville ► Tualatin Tigard Transit Center i. ► Washington Square ► Central Beaverton Merlo/Murray West LRT Station (opens 9/98). Product: Conceptual list of stations and characteristics for the ridership analysis. Inter-Urban Rail Fcasibiliry Study Page 1 {i t . ._7 , _ i AUG 15 '96 03:43PM WACO LAND USE/TRANSP P•7/9 EXHIBIT A: Scope of Work Inter-Urban Rail Feasibility Study Phase 1 P1-3.0 Ridership Estimates 3.1 Develop conceptual operating plan for use during the ridership analysis. This includes a list of assumptions regarding travel time, hours of operation, limitations imposed by freight operations, frequency of service, and fares. _ Consultant will assume existing transit service plus Westside t Light Rail, with some opportunity to enhance transit interfaces t with the inter-urban rail line. A document listing operating plan assumptions will be provided for review and approval by the Steering Committee. G . 1 3.2 Definition of market segment or user groups ► Commuters ► Other Business Related ► Residents ► Tourist use. Include up to four meetings with key user groups and involved agencies (i.e. Businesses, Washington Square, Tri-Met, Metro). It is assumed that Washington County would facilitate necessary meetings during a two day period. 3.3 Identify rail propensity factors ► Trip origin/destination patterns ► Accessibility j ► Travel Time Cost ► Availability of alternative transportation modes. 3.4 Estimation of inter-urban rail mode shares i ► Total ridership (single horizon year) ► Boardings by station ► Sensitivity to station location and service frequency. Products: Memorandum listing operating plan assumptions. Technical memorandum describing anticipated ridership in a single agreed horizon year for the inter- urban rail line and methodology of development. o✓ Inter-Urban Rail Feasibility Study Page 2 77 • AUG 13 '96 03:44PM WACO LAND USE/TRANSP P.8i9 ~t i EXHIBIT A- Scope of Work Inter-Urban Rail Feasibility Study Phase I P1-4.0 Legal Issues 4.1 Review of current ownership, lease arrangements and trackage rights. Make initial contact with current owner of rail corridor. 4-2 Perform review of legal issues involved in operation ► Liability insurance ► Identify appropriate operator alternatives i FRA Compatibility Issues. Product: A technical memo outlining issues regarding use of the railroad right of way, FRA compatibility, and legal pp w considerations. E P1-5.0 Findings and Recommendations for Phase 1 The products from the above tasks will be compiled into Yinterim r report which will be submitted to the Steering Committee for their % review and comment. Based on the results of the Phase 1 study, the Steering Committee will also determine if subsequent phases of the commuter rail study should be initiated. t:- V Inter-Urban Rail Feasibility Study Page 3 I. i i - AUG 15 '96 03:44PM WACO LAND USE/TRANSP P.9/9 " y r i EXHIBIT B ' ANTICIPATED FINANCIAL CONTRIBUTION OF EACH PARTY TO THIS AGREEMENT Washington County $6,261.67 s City of Beaverton $6,261.67 City of Sherwood $6,261.67 City of Tigard $6,261.67 City of Tualatin $6,261.67 City of Wilsonville $6,261.67 Adft k tj2 -7] i ' AGENDA ITEM # 6 FOR AGENDA OF AUGUST 27.1996 ® CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Dedication of reserve strips as rights of way PREPARED BY: -John R. Hadley DEPT HEAD OK CITY ADMIN OK / ISSUE BEFORE THE COUNCIL Dedication of existing reserve strip as public right of way to allow the extension of a street. STAFF RECOMMENDATION Approval of the attached resolution authorizing the dedication. INFORMATION SUMMARY The Community Development Code required the dedication of reserve strips at the temporary dead end street at he boundaries of new subdivisions. When the streets are extended it is necessary to dedicate the reserve strips ` public rights of way. Currently, a plat is being processed that involves the extension of a street and requires the dedication of a reserve strip in the adjoining subdivision. Previous approval by the Planning Commission has authorized the street extension. The attached ordinance will authorize the City Administrator to dedicate the reserve strip as public right of way so that the street extension can be completed. OTHER ALTERNATIVES CONSIDERED i FISCAL NOTES , t - i 1 i _ , ..yam . _ . I AGENDA ITEM # For Agenda of Q'f 3'1 /1? 6 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE: Initiation of Vacation Proceedings or approximately 6.445 square feet of public right- of-wU on W Avenue PREPARED BY: William D'Andrea DEPT HEAD OK CITY ADMIN OKyI~ ISSUE BEFORE THE COUNCIL Should the City Council initiate vacation proceedings involving approximately 6,445 square feet of public right-of-way on SW 135th Avenue? f STAFF RECOMMENDATION i It is recommended that City Council initiate vacation proceedings by adopting the attached resolution. INFORMATION SUMMARY In the City vacation process of streets, easements, and other public dedicated areas, the City Council begins the rocess by passing a resolution to schedule a public hearing to consider such requests. The City of Tigard Engineering Department is requesting that the City Council initiate vacation proceedings for approximately 6,445 square feet of public right-of-way on SW 135th Avenue. In conjunction with the construction 01, of Castle Hill No.2 Subdivision, SW 135th Avenue was re-aligned to provide a "T" intersection. The re-alignment shifted the road to the west (See "Exhibit A"). As a result, an approximately 6,445 square foot portion of the public right-of-way is no longer needed. The area to be vacated will go to the property owners adjacent to the area to be vacated. The City Council postponed consideration of the vacation until the August 27, 1996 Council meeting to address the issue regarding fences and access. The general easement would allow fences to be constructed. Property owners would have to permit access to those utilities needing access. Repair of fencing and grounds would be the responsibility of the utility. Appropriate agencies shall be contacted for comments prior to developing a report for Council consideration. Attachments: Exhibit A - (site plan) Exhibit C - (vicinity map) Exhibit B - (legal description) Exhibit D - (Res. 96-37). OTHER ALTERNATIVES CONSIDERED Take no action at this time. FISCAL NOTES j % All fees have been paid by the applicant. is\citywidc\sum\vec 1352.sum will d. 08119196 10:58 AM I L - J t AUG l ~9Jb August 23, 1996 .71~11~ Councilor Paul Hunt Tigard City Council 13125 S.N. Hall Blvd. Tigard, Oregon 97223 Dear Councilor Hunt, Ref: August 13, 1996 Council Meeting which you chaired and agenda item Number 7 VACATION OF APPROXIMATELY 6,445 SQ FT OF PUBLIC RIGHT OF WAY ON SW 135TH AVE. ; o Two members of this church were present at subject meeting, Mr. Terry Nilson and Vic Rein. It was our understanding that the legal vacation of approximately 2,448 square feet of land to Our Redeemer Lutheran Church would occur at that meeting (see attached drawing). Mrs. Cyndi Buckingham also attended the meeting. She and her husband Brian Buckingham are owners of the home located on lot 117. In addition, Mr. Douglas Roger was present. He and his wife Erin Roger are owners of the home located on lot 11 During the meeting, Cyndi Buckingham addressed agenda item 7-d with several concerns which 999 directly involve vacation of land to lots 117 and 116. After a brief discussion of these concerns, the Council agreed to table agenda item Number 7 until a future meeting. This development was disappointing, especially since this was not the first delay in finalizing the vacation of this property. Since the August 13th meeting, Terry Wilson and Vic Rein have taken the liberty to person- F ally discuss with the Buckinghams and Rogers the concerns they have for the vacation of E land west of their lots. We learned: 77 i. They desire assurance that the overflow system from the pond is adequate to prevent flooding into lots 117 and 116. Should flooding occur, what recourse do they have? j 2. A fire hydrant, water meter and telephone riser are located on the land to be vacated - at, or near, the property line between lots 117 and 116. They realize the utility compan- ies require access to this equipment, but are concerned that their fences could cause an access problem and potential damage to their property (ref: next paragraph). 3. Both the Buckinghams and the Rogers want to move their fences to the new west side lot line. The elevation of S.W. 135th and Walnut's intersection allows auto headlights to beam directly into both homes. By moving the fences to the new lot line, this annoy- ance should be eliminated. We sympathize with the concerns of these folks and hope the Council can use its influence to resolve these questions at an early date! Our Redeemer Lutheran Church desires to im- prove the appearance of the vacated property alloted to us. Please advise if we can be of I' any assistance to complete this property vacation soon. Thank you! Very truly yours,: OUR REDEEMER LUTHERAN CHURCH - ames G. Haroolt Terry Nilson Copies to: President Vice President Mayor Jim Nicoli - Councilor Brian Moore Councilor Bob Rohlf - Councilor Ken Scheckla Catherine Wheatley, City Recorder - Jim Hendryx, Community Development Director - William Monahan, I City Administrator - Nels Mickaelson, Planning Dept. Mr. & Mrs. Brian Buckingham - Mr. & Mrs. Douglas Roger l 7 ~ I I~ POND - - - a n S.W- 1251H- EVER LUL- 448 F ` 1375 SO FT 1246 SO FT 899 SO FT 77 SO F , rc~c~ ,nooa< ' w ~icai OUR REDEEMER LUTHERAN CHURCH ".a a _ Aar -~O~ 4 opyZ O ~ N + r 4 I~ZN~ ZpoAZ QccZ ; imp v C a 1 f mz 0 PROPOSED S.W. 135TH AVENUE VACATION I AGENDA ITEM # FOR AGENDA OF August 27. 1996 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Public Hearing to Consider Forwarding Charter Amendments to the Voters on November 5. 1996 PREPARED BY:_ Cat v Wheatley DEPT HEAD OK yh CITY ADMIN OK _ ISSUE BEFORE THE COUNCIL Should the Tigard City Council submit to the voters a proposed charter amendment to be voted on at the November 5, 1996, General Election? STAFF RECOMMENDATION F Conduct public hearing and consider proposed resolutions (Option A or Option B). As the result of Council discussion at the August 13, 1996, Study Session, two options are now presented to _ the Council. The two resolutions offer the same amendments to the Charter with one exception: i f > Option A changes the manner in which the Council members are elected; > Option B does not change this section of the Charter. I[ r k 1 INFORMATION SUMMARY The Council held several workshop discussions identifying areas of the Charter for proposed update or amendment. This hearing is being conducted to receive public comment on the following: • How Councilors are Elected. F. Currently: Council candidates file for election by position number (Position Number 1, 2, 3 or 4). The proposed change would: Specify that at each general election two councilors will be elected for four-year terms, with j,. . S the two candidates receiving the highest number of votes being elected to office. Councilors j would no longer file for or be elected by Position Number. i 1 1 i~ i - - - - - - - - - - - - - - - - • Add City Manager as City officer: Currently: The City Administrator's duties are outlined in the Tigard Municipal Code. The proposed chaps(, would: Change the title to "city manager," list the city manager as one of the officers of the city, outline the duties and specify appointment and removal criteria. Amend "Oath of Office" language: Currently: The charter says that an officer shall affirm that he will support the constitutions of the United States and Oregon and faithfully perform the duties of his office. He shall affirm that he is not then nor has been at any time a member of any organization advocating the overthrow of the United States government. w. The proposed change would: Change language so that it is gender neutral and strike the sentence: "He shall affirm that he is not then nor has been at any time a member of any organization advocating the overthrow of the United States government." • Amend the Charter where appropriate to update the general language so that it is "gender neutral. " References to gender ("he" or "his" will be deleted). l FISCAL NOTES { The City incurs no cost for measures submitted to voters at a General Election. i:admlcathy\e!ccdon\chnsum.doc r ttt t 411 Ids- Option A cU RESOLUTION NO. 96- { A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TIGARD SUBMITTING TO THE VOTERS A PROPOSED CHARTER AMENDMENT TO BE VOTED ON AT THE NOVEMBER 5, 1996 GENERAL ELECTION. WHEREAS, a public hearing was held on August 27, 1996, to receive input from the citizens of Tigard on a proposed Charter amendment; and WHEREAS, after due consideration, the Tigard City Council has decided to e'..' forward the proposed Charter amendment to the voters; j NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council that: Section 1. An election is hereby called in and for the City of Tigard, Washington County, Oregon, for the purpose of submitting to the legal voters of said City the following question: Shall the City of Tigard update and amend its Charter which was adopted in 1962? Section 2. Tuesday, November 5, 1996, between the hours of 7 a.m. and 8 p.m., is hereby designated the date and time for holding the election for the purpose of voting on the measure as stated in the above paragraph. ` j Section 3. The election will be conducted by the Washington County ` Elections Department, which department shall establish polling places, precincts, and election boards for such election. Section 4. The precincts for said election shall be and constitute all of the territory included within the corporate limits of the City of Tigard. Section S. The ballot title to appear on the ballots shall be: !E I CAPTION: CITY OF TIGARD CHARTER AMENDMENT { QUESTION: Shall the City of Tigard update and amend its 111 Charter which was adopted in 1962? SUMMARY: The proposed revisions will update and amend i the Charter. References to gender ("he" or "his") will j be deleted. The oath of office will be updated. The city administrator's title will be changed to "city manager" and the city manager will be designated as a city officer. The Charter will establish the manager's duties and the process for appointment or removal from office. The election of councilors would no longer be by position number. The two candidates receiving the highest number of votes would be elected. 1 RESOLUTION NO. 96- Page 1 111~ 11I Section 6. The City Elections Officer is hereby directed to give j ® I notice of receipt of the ballot title as required by ORS 250.275, by publishing such notice in the next available edition of a newspaper of general distribution in the j City. 1 Section 7. The Act containing the full charter amendment is attached hereto and included in this Resolution by this reference. B PASSED: This day of 1996. { Mayor - City of Tigard ATTEST: i City Recorder - City of Tigard wp5.1 f:\attorney\charterl.res l t RESOLUTION NO. 96- Page 2 . I AN ACA9PQ i T A Charter Amendment Submitted to the Voters by the City Council. The Charter of the City of Tigard is amended (deletions are shown in [brackets] and additions are underlined) to read as attached hereto and - referenced in City of Tigard Resolution No. 96- . E i j E t - • 1U " TIGARD MUNICIPAL, CODE ! QTY CHARTER MAYOR-COUNCIL FORM Chapter II CHARTER of the CITY OF TIGARD POWERS OREGON Referred to the voters and adopted November Section 4. POWERS OF THE CITY. 6, 1962 (Amendments through May 17, 1994 Election) The City shall have all powers which the Effective January 1, 1963 constitutions, statutes, and common law of the United States and of this State expressly or Chapter I impliedly grant or allow municipalities as fully k NAME AND BOUNDARIES as though this charter specifically enumerated each of those powers. . a.. Section 1. TITLE OF ENACTMENT. Section 5. CONSTRUCTION OF This enactment may be referred to as the CHARTER. City of Tigard Charter of 1962. t In this charter no mention of a particular Section 2. NAME OF CITY. power shall be construed to be exclusive or to restrict the scope of the powers which the City I The municipality of Tigard, Washington would have if the particular power were not County, Oregon, shall continue to be a mentioned. The charter shall be liberally municipal corporation with the name "City of construed to the end that the City may have all E Tigard". powers necessary or convenient for the conduct of its municipal affairs, including all powers r Section 3. BOUNDARIES. that cities may assume pursuant to state laws and to the municipal home rule provisions of The City shall include all territory the state constitution. encompassed by its boundaries as they now exist or hereafter are modified by voters, by the Chapter III council, or by any other agency with legal FORM OF GOVERNMENT power to modify them. The recorder shall keep Section 6. WHERE POWERS VESTED. [in his office] at the city hall at least + two copies of this charter in each of which Except as this charter provides otherwise, [he] the recorder shall maintain an accurate, all powers of the City shall be vested in the up-to-date description of the boundaries. The council. copies and descriptions shall be available for public inspection at any time during regular Section 7. MAYOR AND COUNCIL. office hours of the recorder. ~1° C-1 Reformatted 1994 s i , _ I 4 TIGARD MUNICIPAL CODE The elective officers of the city shall be a election laws. The council may appoint a mayor and four councilors who together shall person to fill a vacancy until an election c, be constitute the City Council. At the general held. (Res. 93-63, May 17, 1994 election: election held in 1990, and every fourth year Measure 34-6, May 15, 1990 election: Measure thereafter, a mayor shall be elected for a term 51, November 4, 1986 election: Measure 51, of four years. No councilor shall serve the city November 5, 1985 election: Measure 53, as councilor for more than eight consecutive November 2, 1982 election: Measure 53, May years, nor shall the mayor serve as mayor for 18, 1982 election). ( more than eight consecutive years. In no case shall any person serve on the City Council for Section 8. COUNCILORS. gg more than twelve consecutive years. These limitations do not apply to the filling of an [ The four council positions unexpired term. are hereby designated as No person who is serving as mayor or positions number 1, 2,3 and councilor shall become a candidate for any city office for a term which would be concurrent 4. The councilors shall be with the term in office then held unless that elected to hold office for a person first submits a written resignation from the then current office at the time of filing for period of four years; c-) the other office. A resignation submitted to provided, however, the satisfy this section shall not be withdrawn. A resignation shall be adequate for purposes of officers holding office at that this section if it provides for the termination of time of adoption of this • the signer's service in the office not later than the last day before service would begin in the amendment shall hold their office for which that person seeks to become a offices for the balance of the candidate. terms for which they were In the event the office of mayor or elected or appointed and councilor becomes vacant before the normal expiration of its term a special election shall be until their successors are held at the next available date to fill the office elected and qualified. for the unexpired term. Such an election shall only take place if the council can schedule and hold a special election at least twelve months At each biennial general before the term would otherwise expire. If an election is held, it shall be held in accordance state election after this with the election laws of the state of Oregon amendment takes effect and city ordinances not inconsistent with such C-2 Reformatted 1994 t; i TIGARD MUNICIPAL CODE i -71 beginning in 1972, two this amendment takes effect, e councilmen shall be elected, two councilors shall be each for a term of four (4) elected for four-year terms, years. Candidates to fill with the two candidates positions one and two shall receiving the highest be submitted to the voters in number of votes being j the general election in 1972, elected to office. and candidates for council "q positions three and four shall Section 9. f be subject to election in 1974. Repealed by Ordinance 72-16, Section 9, The candidate receiving the May 23, 1972 election. highest number of votes for Section 10. OTHER OFFICERS. each of the council positions shall be deemed elected fora Additional officers of the City shall be a four-year term. ] (Measure city manager. municipal judge, a 53 November 2 192 recorder, a finance officer, and such other I > > officers as the council deems necessary. Each election). of these officers shall be appointed and may be removed bLt~ _#he council. The council may combine any two or The councilors holding more appointive city offices. The council may office at the time of adoption designate any appointive officers to supervise any other appointive officer except the i of this amendment shall hold 4 municipal judge in the exercise of [his] their offices for the balance judicial functions. (Measure 52, November 5, of the terms for which they 1985 election). were elected or appointed Section 11. SALARIES. and until their successors The compensation for the services of each are elected and qualified. At city officer and employees shall be the amount each general election after fixed by the council. j C-3 Reformatted 1994 p TIGARD MUNICIPAL CODE Section 12. QUALIFICATIONS OF Special meetings of the Council may also OFFICERS. be held at anytime by the common consent of all members of the Council or by the delivery A qualified elector within the of a request for a special meeting, signed by a meaning of the State Constitution, who will majority of Council members, and delivered to have resided continuously for a period of the City Recorder and to remaining Council twelve (12) months or more immediately members and the Mayor, if they are then in the preceding the election in an area which is City. All meetings of the City Council shall within the corporate boundaries of the City as conform to notice requirements consistent with the same shall exist as of a date one hundred state law. (Measure 53, November 5, 1985 twenty (120) calendar days immediately prior election: Measure 59, May 18, 1982 election). to the date of the election (inclusive of all j territory previously effectively annexed to the Section 14. QUORUM. City), shall be eligible for an elective office of the City. The Council shall be final judge of A majority of members of the council shall the qualifications and election of its own constitute a quorum for its business, but a members, subject, however, to review by a smaller number may meet and compel the court of competent jurisdiction. attendance of absent members in a manner provided by ordinance. t Chapter IV Section 15. JOURNAL. COUNCIL The Council shall cause a journal of its Section 13. MEETINGS. proceedings to be kept. Upon the request of any of its members the ayes and nays upon any The Council shall hold a regular meeting question before it shall be taken, and a record at least once each month in the City at a time of the vote entered in the journal. and at a place which it designates. It shall adopt rules for government of its members and proceedings. The Mayor upon his or her own i motion may, or at the request of three members Section 16. PROCEEDINGS TO BE of the Council shall, by giving notice thereof to PUBLIC. all members of the Council then in the City, call a special meeting of the Council. In the No action by the council shall have legal event of the physical absence of the Mayor effect unless the motion for the action by the from the City, the Council President shall be council vote by which it is disposed of take empowered to call special Council meetings in place at proceedings open to the public. the same manner as the Mayor may call such meetings. Section 17. MAYOR'S FUNCTIONS AT COUNCIL MEETINGS. C-4 Reformatted 1994 F7 TIGARD MUNICIPAL CODE proceedings of the Council and countersign all The mayor shall be [chairman] orders on the treasury. The Mayor shall have no veto power and shall authenticate by chair of the council and preside over its signature all ordinances passed by the Council deliberations. [He] The Mayor after being enacted. After the Council shall have a vote on all questions brought approves a bond of a City Officer or a bond for before the council. a license, contract, or proposal, the Mayor shall j authenticate the bond by endorsement thereon. Section 18. PRESIDENT OF THE (Measure 55, November 5, 1985 election). COUNCIL. Section 20A. CITY At its first meeting of each odd-numbered MANAGER ' year, the council by ballot shall choose a IE president from its membership. In the mayor's absence from a council meeting the president (1)The city manazser shall shall perform the duties of the office of mayor and preside over it. Whenever the mayor is be the administrative head t physically or mentally unable to perform the of the government of the functions of office, the president shall act as the mayor pro tem. (Measure 54, May 18, 1982 city, The office of city election). manager shall be filled by Section 19. VOTE REQUIRED. appointment of the city Except as this Charter otherwise provides, council. The manager shall the concurrence of a majority of the members be the chief-administrative of the Council present and voting, when a officer of the city, an as quorum of the Council is present, at a Council meeting shall be necessary to decide any such shall be chosen solely question before the Council. (Measure 54, on the basis of November 5, 1985 election). administrative qualifications Chapter V and experience, without POWERS AND DUTIES OF OFFICERS regard to political Section 20. MAYOR. considerations, ! The Mayor shall appoint the committees Appointment and removal of provided by the rules of the Council. The the manager by the council Mayor shall sign all approved records of C-5 Reformatted 1994 6 J ! A s e i ~ TIGARD MUNICIPAL CODE shall require the prior (e)Appoint, discipline consent of a majority of the and remove appointive full council recorded at a personnels except public meeting, The city appointees of the mayor ■ manager shall serve at the or council} pleasure of the council, and (f) Supervise and cause shall not be required control the manager's for termination. appointees in their - service to the city; .44 (2)The manager shall: WOrganize and a (a)Attend all council reorganize the i a meetings unless excused departmental structure by the council or mayor of city government: _ (b) Keep the council (h) Prepare and advised of the affairs of transmit to the council ' the needs of the city; an annual city budget: (c) See that the (i) Supervise city provisions of all contracts; ordinances are (i) Supervise operation administered to the of all city-owned public satisfaction of the utilities and grope: council; and (d) See that all terms (k) Perform other of franchises, leases, duties as the council contracts, permits, and prescribes consistently Privileges granted by with this charter, the city are fulfilled: 9 C-6 Reformatted 1994 a r L~ now TIGARD MUNICIPAL CODE } Section 22. RECORDER. Section 21. MUNICIPAL JUDGE. The Recorder shall serve ex officio as The municipal judge shall be the judicial clerk of the Council, attend all its meetings officer of the City. The judge shall hold within unless excused therefrom by the Council, keep the City a court known as the Municipal Court an accurate record of its proceedings in a book for the City of Tigard, Washington County, provided for that purpose, and be the City's Oregon. The court shall be open for the election officer. In the Recorder's absence transaction of judicial business at times from a Council meeting, the mayor shall specified by the municipal judge. All areas appoint a clerk of the Council pro tern who, within the City shall be within the territorial while acting in that capacity, shall have all the ti jurisdiction of the court. The municipal judge authority and duties of the Recorder. (Measure shall exercise original and exclusive 52, November 5, 1985 election). jurisdiction of all crimes and offenses defined and made punishable by ordinances of the City Section 22A. FINANCE OFFICER. and of all actions brought to recover or enforce forfeitures or penalties defined or authorized by The Finance Officer shall be responsible ordinances of the City or as otherwise provided for the administration of the City's fiscal by state law. The judge shall have authority to functions and shall sign all orders on the issue process for the arrest of any person treasury. (Measure 52, November 5, 1985 accused of an offense against the ordinances of election). the City, to commit any such person to jail or admit him Qr}1€Lto bail pending trial, to issue Chapter VI subpoenas, to compel witnesses to appear and ELECTIONS testify in court on the trial of any cause before i him, to compel obedience to such subpoenas, Section 23. ELECTIONS. to issue and process documents necessary to carry into effect the judgments of the court, and Except as this Charter provides otherwise, to punish witnesses and others for contempt of and the Council provides otherwise by order, the court. When not governed by ordinances or the general laws of the State of Oregon shall this charter, all proceedings in the municipal apply to City elections. (Measure 56, court for the violation of a city ordinance shall November 5, 1985 election). be governed by the applicable general laws of the state governing justices of the peace and Section 24. justice courts. Defendants in the municipal court charged with violation of city ordinances Repealed by Measure No. 56, November shall be entitled to a trial by jury as provided by 5, 1985 election. state statutes. (Measure 55, May 18, 1982 election). Section 25. C-7 Reformatted 1994 . 1 - - - - - - - - - - I ! TIGARD MUNICIPAL CODE Repealed by Measure No. 56, November [his] office. [He shall affirm 5, 1985 election. that he is not then nor ever Section 26. has been at any time a Repealed by Measure No. 56, November member of any organization 5, 1985 election. advocating the overthrow of Section 27. the United States t . government.] Repealed by Measure No. 56, November 5, 1985 election. Section 31. NOMINATIONS. Section 28. TIE VOTES. i A qualified elector within the meaning of In the event of a tie vote for candidates for the State Constitution, who will have resided I an elective office, the successful candidate continuously for a period of twelve (12) shall be determined by a public drawing of lots months or more immediately preceding the in a manner prescribed by the council. election in any area which is within the k corporate boundaries of the City as the same f Section 29. COMMENCEMENT OF shall exist as of a date one hundred twenty TERMS OF OFFICE. (120) calendar days immediately prior to the date of the election, (inclusive of all territory previously effectively annexed to the City), 1 The term of office of a person elected at a may be nominated for an elective City position. regular city election shall commence the first of the year immediately following the election. The procedures for nomination and election for elective City positions shall be governed by the election laws of the State of Oregon, or by City ordinances if such ordinances are not inconsistent with state law. I Section 30. OATH OF OFFICE. ~ (Measure 56, May 18, 1982 election). , Before entering upon the duties of Chapter VII t h& [his] office, every [each] VACANCIES IN OFFICE officer shall take an oath or shall affirm that ty [he] will support the constitutions Section 32. WHAT CREATES and laws of the United States and of Oregon VACANCY. and faithfully perform the duties tbgk An office shall be deemed vacant upon the incumbent's death, adjudicated incompetence, f C-9 Reformatted 1994 i y, TIGARD MUNICIPAL CODE conviction of a felony, other offense pertaining requests to have the ordinance read in full or to his or her office, or unlawful destruction of (b) if a copy of the ordinance is pusted in at public records, resignation, recall from office; least three public places within the city limits or ceasing to possess the qualifications for the before it becomes law. (Measure 57, office; upon the failure of the person elected or November 5, 1985 election). appointed to the office to qualify therefor 4 within ten days after the time for his term of (3) Repealed by Measure No. 57, office to commence; or in the case of a mayor November 5, 1985 election. J or [councilman] councilor, upon I. (4) Upon the final vote on an ordinance, his or her absence from the city for 30 days the ayes and nays of the members shall be without the consent of the council or upon his taken and recorded in the journal. f` QLher absence from regular meetings of the 11 l j council and upon a declaration by the council (5) Upon the enactment of an ordinance of the vacancy. the recorder shall sign it with the date of its j passage and the recorder's name and title of Section 33. office, and the mayor shall sign it with the date of signature, and the name and title of office of Repealed by Measure 57, May 18, 1982 the mayor. (Measure 55, November 5, 1985 election. election; Measure 54, November 2, 1982 election). Chapter VIII ORDINANCES Section 36. WHEN ORDINANCES TAKE EFFECT. Section 34. ENACTING CLAUSE. f An ordinance enacted by the council shall The enacting clause of all ordinances take effect on the thirtieth day after its hereafter shall be, "The City of Tigard ordains enactment. When the council deems it as follows: advisable, however, an ordinance may provide a later time for it to take effect. In case of Section 35. MODE OF ENACTMENT. emergency, an ordinance may take effect immediately, provided that there is set forth in (1) Except as paragraph (2) of this section a separate section the reasons why it must provides to the contrary, every ordinance of the become effective immediately. council shall, before being put upon its final passage, be read fully and distinctly once in Chapter IX open council meeting. PUBLIC IMPROVEMENTS (2) Any reading may be by title only (a) if Section 37. CONDEMNATION. no council member present at the meeting C"9 Reformatted 1994 TIGARD MUNICIPAL CODE Any necessity of taking property for the Except as provided or allowed by state City by Condemnation shall be law, all contracts for public improvements to determined by the council and declared by a be made by a private contractor shall be let to resolution of the council describing the the lowest responsible bidder for the contract property and stating the uses to which it shall and shall be performed in accordance with be devoted. plans and specifications approved by the council. The council shall have the right to Section 38. IMPROVEMENTS. reject any or all bids for public contracts. (Measure 51, November 2, 1982 election). The procedure for making, altering, vacating or abandoning a public improvement MISCELLANEOUS PROVISIONS shall be governed by general laws of the state. Action on any proposed public improvement, Section 41. DEBT LIMIT. except a sidewalk or except an improvement unanimously declared by the council to be Except by consent of the voters, the City's needed at once because of an emergency, shall voluntary floating indebtedness for general city be suspended for six months, upon a purposes shall not exceed the limits of state remonstrance thereto by the owners of law. All city officials and employees who two-thirds of the property to be specially create or officially approve any indebtedness in assessed therefor. For the purpose of this excess of this limitation shall be jointly and section "owner" shall mean the record holder of severally liable for the excess. (Measure 58, legal title to the land, except that if there is a November 5, 1985 election). j purchaser of the land according to a recorded 1 land sale contract or according to a verified Section 42. writing by the record holder of legal title to the land filed with the city recorder, the said Repealed by Measure 58, May 18, 1982 purchaser shall be deemed the "owner". election. 3 Section 39. SPECIAL ASSESSMENTS. Section 43. EXISTING ORDINANCES CONTINUED. The procedure for levying, collecting, and enforcing the payment of special assessments All ordinances of the City " for public improvements or other services to be consistent with this charter and in force when it charged against real property shall be governed takes effect shall remain in effect until by general ordinance. amended or repealed. Section 40. BIDS. C-10 Reformatted 1994 L' r r ! TIGARD MUNICIPAL CODE f Section 44. TIME OF EFFECT OF Section 46. CHARTER. Section 45 is and shall be deemed to be an This charter shall take effect January 1, 1963. ordinance of the city within the meaning of ORS 457.075. Therefore, Section 45 may be URBAN RENEWAL - CITIZENS RIGHT amended or repealed by nonemergency - TO VOTE ordinance adopted by the City Council. The City Council may in the future activate, create, Section 45. reactivate or recreate an urban renewal agency in the city in the manner provided for by law, The voters of the City of Tigard, subject to the limitations of Sections 47 and 48 t I exercising their powers as the ultimate concerning the methods for financing the I governing body of the city as reserved to them activities of such an agency. by the ordinances of the city and by the Constitution and laws of the State of Oregon, Section 47. . " do hereby find and determine that there no longer exists a need for an urban renewal The city shall not approve an urban agency in the city. Therefore, the Tigard Urban renewal plan or an amendment of an urban Renewal Agency, as established or activated, renewal plan if such plan includes tax 4 by Ordinance No. 81-91, adopted in December, increment financing as a permissible means of 4. t 1981, is terminated. The facilities, files and paying the debts and obligations of the agency personnel (if any) of the Tigard Urban Renewal unless, prior to the activation and Agency shall be forthwith transferred to the implementation of tax increment financing, city. The termination shall not affect any such method is approved by the voters of the outstanding legal actions, contracts or city at a regular or special city election held in obligations of said agency, and the city shall be May or November. substituted for said agency in respect thereto. If, at the time this section is adopted, Section 48. termination of the Tigard Urban Renewal Agency is legally prohibited by any mandatory Any urban renewal plan or amendment provision of controlling state law, the thereof hereafter proposed or adopted shall termination shall be postponed until such legal require that the plan, including the method of impediment has been removed and shall then financing same, shall be approved by the voters automatically become effective; and, in the at a regular or special city election in May or interim pending the effective date of such November, if such plan or amendment would termination, the city shall not authorize, or could involve the levying of a tax on approve or assist in the incurring of any new properties outside the urban renewal area to debt or obligation or in the performance of any pay the debts or obligations to be incurred in portion of the urban renewal plan. carrying out the plan. Notwithstanding the ,I. i C-11 Reformatted 1994 t~ TIGARD MUNICIPAL CODE foregoing, separate approval at an election is Section 50. not required for: Ga If any section or portion of this charter (1) Expenditures by the city, as amendment (Sections 45 through 49) is distinguished from the urban renewal agency, determined unconstitutional or unlawfiil, the which have been duly identified and included remaining portions and sections shall be in a duly adopted city budget; or severable and shall remain in effect. (Measure #51, September 20, 1983 election). (2) Issuance of Bancroft bonds (ORS 223.205 to 223-295) in connection with AUTHENTICATION CERTIFICATE OF " assessments for local improvement districts, if CITY RECORDER such issuance is otherwise authorized by law. 1, RALPH V. SYMONS, do hereby certify that Section 49. 1 am the duly appointed, qualified and acting Recorder of the City of Tigard, Washington As used in Sections 45, 46, 47 and 48: County, State of Oregon, and as such have the care and control of the official records of said (1) "City" means the City of Tigard, city. Washington County, Oregon. I further certify that pursuant to resolution of (2) "Urban Renewal Agency" means an the City Council of Tigard, duly adopted at its agency created or existing under ORS Ch. 457 regular meeting of October 8, 1962, there was as it now exists or may hereafter be amended, referred to the voters of the City of Tigard, in or a similar agency with similar powers and conformity with initiative and referendum ' purposes created under any other provision of powers contained in Ordinance No. 62-20 of law. said city, at the regular city election of November 6, 1962, the question of the (3) "Urban Renewal Plan" means a plan adoption of the above herein and foregoing as defined in ORS 457.010 (11) as it now Charter of the said city, and that a total of 631 exists or may hereafter be amended, or a votes were cast with respect to said charter i similar plan adopted under any other provision proposal at said election of which 456 votes of law. were cast in favor of said charter and 175 votes were cast against same, and that as shown by (4) "Tax Increment Financing" means the the official canvass of the returns of said method of financing described and referred to election, the above herein and foregoing in ORS 457.420 to 457.460, or a similar Charter was duly adopted by the people of the method of financing provided for under any City of Tigard at said election of November 6, other provision of law. 1962, by majority of the votes cast. C-12 Reformatted 1994 TIGARD MUNICIPAL CODE ' oz. C, f ' I fiirther certify that I have carefully compared j the above and foregoing copy with the original of said charter proposal as filed in my office and that the foregoing copy is a correct transcript therefrom and the whole of said original as the same now appears on file in my i office and in my official custody. I further certify that by resolution of the City Council of the City of Tigard, Oregon, duly passed at its regular meeting of November 26, I962, the above herein and foregoing Charter was duly proclaimed and confirmed as the Charter of the City of Tigard, Oregon, to be effective by its terms on and after January 1, 1963. In Witness Whereof I have hereunto set my hand and affixed the official seal of the City of Tigard, Oregon, this 14th day of January, 1963. Ralph V. Symons, Recorder of the City of j Tigard, Washington County, Oregon.® i 1 I t 1 i C-13 Reformatted 1994 may'! Zc`~U TIGARD MUNICIPAL CODE Section 9. territory previously effectively annexed to the City), shall be eligible for an elective office of Repealed by Ordinance 72-16. Section 9, the City. The Council shall be final judge of May 23. 197 election. the qualifications and election of its own members, subject, however, to review by a Section 10. OTHER OFFICERS. court of competent jurisdiction. Additional officers of the City shall be a Cityirianager. municipal judge, a Chapter IV recorder, a finance officer, and such other COUNCIL i officers as the council deems necessary. Each of these officers shall be appointed and may be Section 13. MEETINGS. removed by [the mayor with the] The Council shall hold a regular meeting consent of the council. The council may at least once each month in the City at a time combine any two or more appointive city and at a place which it designates. It shall offices. The council may designate any adopt rules for government of its members and appointive officers to supervise any other proceedings. The Mavor upon his or her o-,vn appointive officer except the municipal judge motion may, or at the request of three members in the exercise of [his] judicial functions. of the Council shall, by giving notice thereof to QVieasure 52, November 5, 1933 election). all members of the Council then in the City, call a special meeting of the Council. In the Section 13. SALARIES. event of the physical absence of the Mayor from the City, the Council President shall be The compensation for the services of each empowered to call special Council meetings in city officer and employees shall be the amount the same manner as the Mayor may call such fixed by the council. meetings. Section 12. QUALIFICATIONS OF Special meetings of the Council may also OFFICERS. be held at anytime by the common consent of J all members of the Council or by the delivery 1 A qualified elector within the of a request for a special meeting, signed by a majority of Council members, and delivered to meaning of the State Constitution, who will the City Recorder and to remaining Council have resided continuously for a period of members and the Mayor, if they are then in the twelve (13) months or more immediately City. All meetings of the City Council shall preceding the election in an area which is conform to notice requirements consistent with within the corporate boundaries of the City as state law. (Measure 53, November 3, 1985 the same shall exist as of a date one hundred election: Measure 59. May 13, 1982 election). twenty (1_0) calendar days immediately prior to the date of the election (inclusive of all C-3 Refomratted 1994 1 ~ 1. 4.1 I ' Option C ' f F - F RESOLUTION NO. 96- ! A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TIGARD SUBMITTING TO THE ! VOTERS A PROPOSED CHARTER AMENDMENT TO BE VOTED ON AT THE NOVEMBER 5, 1996 GENERAL ELECTION. WHEREAS, a public hearing was held on August 27, 1996, to receive input from the citizens of Tigard on a proposed Charter amendment; and WHEREAS, after due consideration, the Tigard City Council has decided to C forward the proposed Charter amendment to the voters; NOW, THEREFORE, BE IT RESOLVED 'Dy the Tigard City Council that: Section 1. An election is hereby called in and for the City of Tigard, Washington County, Oregon, for the purpose of submitting to the legal voters of said City the following question: Shall the City of Tigard update and amend its Charter which was adopted in 1962? Section 2. Tuesday, November 5, 1996, between the hours of 7 a.m. and 8 p.m., is hereby designated the date and time for holding the election for the purpose of voting on the measure as stated in the above paragraph. j Section 3. The election will be conducted by the Washington County Elections Department, which department shall establish polling places, precincts, and election boards for such election. Section 4. The precincts for said election shall be and constitute # all of the territory included within the corporate limits of the City of Tigard. Section 5. The ballot title to appear on the ballots shall be: CAPTION: CITY OF TIGARD CHARTER AMENDMENT QUESTION: Shall the City of Tigard update and amend its Charter which was adopted in 1962? SUMMARY: The proposed revisions will update and amend the Charter. References to gender ("he" or "his") will be deleted. The oath of office will be updated. The city administrator's title will be changed to "city manager" and the city manager will be designated as a city officer. The Charter will establish the manager's duties and the process for appointment or removal from i office. The election of councilors would no longer be by position number. The two candidates receiving the highest number of votes would be elected. RESOLUTION NO. 96- ` Page 1 I J F 7 ' Section 6. The City Elections Officer is hereby directed to give notice of receipt of the ballot title as required by ORS 250.275, by publishing such notice in the next available edition of a newspaper of general distribution in the City. Section 7. The Act containing the full charter amendment is attached ' hereto and included in this Resolution by this reference. PASSED: This day of 1996. Mayor - City of Tigard ATTEST: fi City Recorder - City of Tigard wp5.1 f:\attorney\charterl.res , Tn~ 1. I. RESOLUTION NO. 96- Page 2 3 t r TIGARD MUNICIPAL CODE j CITY CHARTER MAYOR-COUNCIL FORM i Chapter II CHARTER of the CITY OF TIGARD POWERS OREGON Referred to the voters and adopted November Section 4. POWERS OF THE CITY. 6, 1962 (Amendments through May 17, 1994 Election) The City shall have all powers which the Effective January 1, 1963 constitutions, statutes, and common law of the United States and of this State expressly or Chapter I impliedly grant or allow municipalities as fully NAME AND BOUNDARIES as though this charter specifically enumerated l each of those powers. f Section 1. TITLE OF ENACTMENT. 1 Section 5. CONSTRUCTION OF This enactment may be referred to as the CHARTER. City of Tigard Charter of 1962. In this charter no mention of a particular Section 2. NAME OF CITY. power shall be construed to be exclusive or to restrict the scope of the powers which the City The municipality of Tigard, Washington would have if the particular power were not E County, Oregon, shall continue to be a mentioned. The charter shall be liberally municipal corporation with the name "City of construed to the end that the City may have all Tigard"• powers necessary or convenient for the conduct of its municipal affairs, including all powers Section 3. BOUNDARIES. that cities may assume pursuant to state laws ' and to the municipal home rule provisions of The City shall include all territory the state constitution. encompassed by its boundaries as they now exist or hereafter are modified by voters, by the Chapter III council, or by any other agency with legal FORM OF GOVERNMENT power to modify them. The recorder shall keep [in his office] at the city hall at least Section 6. WHERE POWERS VESTED. two copies of this charter in each of which Except as this charter provides otherwise, [he] the recorder shall maintain an accurate, all powers of the City shall be vested in the up-to-date description of the boundaries. The council. copies and descriptions shall be available for public inspection at any time during regular Section 7. MAYOR AND COUNCIL. office hours of the recorder. C-1 Reformatted 1994 i i , TIGARD MUNICIPAL CODE i The elective officers of the city shall be a election laws. The council may appoint a mayor and four councilors who together shall person to fill a vacancy until an election can be constitute the City Council. At the general held. (Res. 93-63, May 17, 1994 election: election held in 1990, and every fourth year Measure 34-6, May 15, 1990 election: Measure thereafter, a mayor shall be elected for a term 51, November 4, 1986 election: Measure 51, of four years. No councilor shall serve the city November 5, 1985 election: Measure 53, as councilor for more than eight consecutive November 2, 1982 election: Measure 53, May years, nor shall the mayor serve as mayor for 18, 1982 election). more than eight consecutive years. In no case shall any person serve on the City Council for Section 8. COUNCILORS. more than twelve consecutive years. These h" j limitations do not apply to the filling of an ( The four council positions unexpired term. are hereby designated as No person who is serving as mayor or positions number 1, 2, 3 and councilor shall become a candidate for any city office for a term which would be concurrent 4. The councilors shall be with the tern in office then held unless that elected to hold office for a person first submits a written resignation from the then current office at the time of filing for period of four years; ` i the other office. A resignation submitted to provided, however, the ! satisfy this section shall not be withdrawn. A resignation shall be adequate for purposes of officers holding off ce at that this section if it provides for the termination of time of adoption of this the signer's service in the office not later than the last day before service would begin in the amendment shall hold their office for which that person seeks to become a offices for the balance of the candidate. terms for which they were In the event the office of mayor or elected or appointed and councilor becomes vacant before the normal expiration of its term a special election shall be until their successors are held at the next available date to fill the office elected and qualified. for the unexpired term. Such an election shall only take place if the council can schedule and hold a special election at least twelve months At each biennial general before the term would otherwise expire. If an election is held, it shall be held in accordance state election after this with the election laws of the state of Oregon amendment takes effect and city ordinances not inconsistent with such i C-2 Reformatted 1994 G F a L~. - w ?G t TIGARD MUNICIPAL CODE beginning in 1972, two elected and qualified, councilmen shall be elected, At each general election each for a term of four (4) after this amendment years. Candidates to fill takes effect, two positions one and two shall councilors shall be be submitted to the voters in elected for four-year the general election in 1972, terms, with the two and candidates for council candidates receiving positions three and four shall the highest number of be subject to election in 1974. votes being elected to The candidate receiving the office. _ln the event a highest number of votes for vacancy exists on the each of the council positions Citv Council and a i shall be deemed elected for a special election i called I four-year term. ] (Measure to fill the vacancy as 53, November 2, 1982 described in Section 7 election). above, the candidate. receiving the highest The councilors holding number of votes in the office at the time of special election shall be adoption of this deemed elected for the s amendment hall hold remainder of the their offices for the vacant position's term balance of the term for which they were elected or appointed and until their successors are C"3 Reformatted 1994 .a 1 1 ~ - TIGARD MUNICIPAL CODE ~ s Section 9. territory previously effectively annexed to the City), shall be eligible for an elective office of Repealed by Ordinance 72-16, Section 9, the City. The Council shall be final judge of May 23, 1972 election. the qualifications and election of its own members, subject, however, to review by a Section 10. OTHER OFFICERS. court of competent jurisdiction. Additional officers of the City shall be a Cl manager. municipal judge, a Chapter IV recorder, a finance officer, and such other COUNCIL i officers as the council deems necessary. Each Section 13. MEETINGS. ' of these officers shall be appointed and may be 1 removed by the mayor with the consent of the The Council shall hold a regular meeting council. The council may combine any two or at least once each month in the City at a time more appointive city offices. The council may s designate any appointive officers to supervise and at a place which it designates. It shall any other appointive officer except the adopt rules for government of its members and proceedings. The Mayor upon his or her own municipal judge in the exercise of [his] motion may, or at the request of three members judicial functions. (Measure 52, November 5, of the Council shall, by giving notice thereof to 1985 election). all members of the Council then in the City, call a special meeting of the Council. In the Section 11. SALARIES. event of the physical absence of the Mayor from the City, the Council President shall be The compensation for the services of each empowered to call special Council meetings in city officer and employees shall be the amount the same manner as the Mayor may call such fixed by the council. meetings. I' Section 12. QUALIFICATIONS OF Special meetings of the Council may also OFFICERS. be held at anytime by the common consent of all members of the Council or by the delivery A qualified elector within the of a request for a special meeting, signed by a meaning of the State Constitution, who will majority of Council members, and delivered to have resided continuously for a period of the City Recorder and to remaining Council twelve (12) months or more immediately members and the Mayor, if they are then in the preceding the election in an area which is City. All meetings of the City Council shall within the corporate boundaries of the City as conform to notice requirements consistent with the same shall exist as of a date one hundred state law. (Measure 53, November 5, 1985 I' twenty (120) calendar days immediately prior election: Measure 59, May 18, 1982 election). I to the date of the election (inclusive of all i _ C4 Reformatted 1994 1 ~ TIGARD MUNICIPAL CODE Section 14. QUORUM. At its first meeting of each odd-numbered year, the council by ballot shall choose a A majority of members of the council shall president from its membership. In the mayor's constitute a quorum for its business, but a absence from a council meeting the president smaller number may meet and compel the shall perform the duties of the office of mayor attendance of absent members in a manner and preside over it. Whenever the mayor is provided by ordinance. physically or mentally unable to perform the functions of office, the president shall act as the Section 15. JOURNAL. mayor pro tem. (Measure 54, May 18, 1982 election). ( The Council shall cause a journal of its F proceedings to be kept. Upon the request of Section 19. VOTE REQUIRED. any of its members the ayes and nays upon any question before it shall be taken, and a record Except as this Charter otherwise provides, of the vote entered in the journal. the concurrence of a majority of the members of the Council present and voting, when a quorum of the Council is present, at a Council meeting shall be necessary to decide any Section 16. PROCEEDINGS TO BE question before the Council. (Measure 54, j PUBLIC. November 5, 1985 election). - No action by the council shall have legal Chapter V E effect unless the motion for the action by the POWERS AND DUTIES OF OFFICERS f council vote by which it is disposed of take j place at proceedings open to the public. Section 20. MAYOR. Section 17. MAYOR'S FUNCTIONS AT The Mayor shall appoint the committees COUNCIL MEETINGS. provided by the rules of the Council. The Mayor shall sign all approved records of i The mayor shall be [chairman] proceedings of the Council and countersign all orders on the treasury. The Mayor shall have { chair of the council and preside over its no veto power and shall authenticate by deliberations. [He] The Mayor signature all ordinances passed by the Council shall have a vote on all questions brought after being enacted. After the Council before the council. approves a bond of a City Officer or a bond for a license, contract, or proposal, the Mayor shall Section 18. PRESIDENT OF THE authenticate the bond by endorsement thereon. COUNCIL. (Measure 55, November 5, 1985 election). C-5 Reformatted 1994 K 4 TIGARD MUNICIPAL CODE Section 20A CITY cause shall not be required MANAGER for termination i (1)The city manager shall (2)The manager shall: be the administrative head (a)Attend all council of the government of the meetings unless excused i . city. The office of city by the council or mayor . manager shall be filled by (b) Keep the council appointment of the city- advised of the affairs of council The manager shall the needs of the city be the chief administrative (c) See that the officer of the ci y, and as $rovisions of all such shall be chosen solely ordinances are on the basis of administered to the administrative Qualifications satisfaction of the i and experience, without council: regard to political (d) See that all terms considerations. of franchises, leases, Appointment and removal of contracts, permits, and the manager by the council privileges granted 1 j i shall require the prior the city are fulfilled: consent of a majority of the (e) Appoint, discipline full council recorded at a and remove_aupointive public meeting. The city personnel, except manager shall serve at the appointees of the mayor pleasure of the council, and or council} i C-6 Reformatted 1994 Z r L~ Am- 4 4 k j i T'IGARD MUNICIPAL CODE (f) Supervise and Oregon. The court shall be open for the transaction of judicial business at times control the manager's specified by the municipal judge. All areas appointees in their within the City shall be within the territorial jurisdiction of the court. The municipal judge service to the city: shall exercise original and exclusive Or n •z n jurisdiction of all crimes and offenses defined and made punishable by ordinances of the City reorganize the and of all actions brought to recover or enforce departmental structure forfeitures or penalties defined or authorized by ordinances of the City or as otherwise provided of city governmentx } by state law. The judge shall have authority to - (h) Prepare and issue process for the arrest of any person accused of an offense against the ordinances of transmit to the council the City, to commit any such person to jail or an annual city budget: admit him or her to bail pending trial, to issue subpoenas, to compel witnesses to appear and (i) Supervise city testify in court on the trial of any cause before contracts: him, to compel obedience to such subpoenas, to issue and process documents necessary to (I) Supervise operation carry into effect the judgments of the court, and ity-owned li to punish witnesses and others for contempt of I all C --P the court. When not governed by ordinances or i! utilities and property- this charter, all proceedings in the municipal ~p court for the violation of a city ordinance shall (k) Perform other be governed by the applicable general laws of i the state governing justices of the peace and duties as the council justice courts. Defendants in the municipal court charged with violation of city ordinances prescribes consistently shall be entitled to a trial by jury as provided by with this charter, state statutes. (Measure 55, May 18, 1982 election). Section 22. RECORDER. Section 21. MUNICIPAL JUDGE. The Recorder shall serve ex officio as The municipal judge shall be the judicial clerk of the Council, attend all its meetings officer of the City. The judge shall hold within unless excused therefrom by the Council, keep the City a court known as the Municipal Court an accurate record of its proceedings in a book for the City of Tigard, Washington County, provided for that purpose, and be the City's 4 C-7 Reformatted 1994 f 4 LL TIGARD MUNICIPAL CODE election officer. In the Recorders absence from a Council meeting, the mayor shall Section 27. appoint a clerk of the Council pro tem who, while acting in that capacity, shall have all the Repealed by Measure No. 56, November authority and duties of the Recorder. (Measure 5, 1985 election. 52, November 5, 1985 election). Section 28. TIE VOTES. Section 22A. FINANCE OFFICER. In the event of a tie vote for candidates for The Finance Officer shall be responsible an elective office, the successful candidate for the administration of the City's fiscal shall be determined by a public drawing of lots functions and shall sign all orders on the in a manner prescribed by the council f 8' treasury. (Measure 52, November 5, 1985 j election). Section 29. COMMENCEMENT OF TERMS OF OFFICE. Chapter VI ELECTIONS The term of office of a person elected at a regular city election shall commence the first of Section 23. ELECTIONS. the year immediately following the election. Except as this Charter provides otherwise, I and the Council provides otherwise by order, the general laws of the State of Oregon shall apply to City elections. (Measure 56, Section 30. OATH OF OFFICE. November 5, 1985 election). Before entering upon the duties of Section 24. their [his] office, every [each] Repealed by Measure No. 56, November officer shall take an oath or shall affirm that 5, 1985 election. they [he] will support the constitutions and laws of the United States and of Oregon Section 25. and faithfully perform the duties of their Repealed by Measure No. 56, November [his] office. [He shall affirm 5, 1985 election. that he is not then nor ever Section 26. has been at any time a i member of any organization Repealed by Measure No. 56, November 5, 1985 election. advocating the overthrow of l C-8 Reformatted 1994 1 TIGARD MUNICIPAL CODE the United States office to commence; or in the case of a mayor government.] or [councilman] councilor, upon his or her absence from the city for 30 days Section 31. NOMINATIONS. without the consent of the council or upon his gLher absence from regular meetings of the A qualified elector within the meaning of council and upon a declaration by the council the State Constitution, who will have resided of the vacancy. continuously for a period of twelve (12) months or more immediately preceding the Section 33. election in any area which is within the corporate boundaries of the City as the same Repealed by Measure 57, May 18, 1982 k shall exist as of a date one hundred twenty election. (120) calendar days immediately prior to the date of the election, (inclusive of all territory Chapter VIII previously effectively annexed to the City), ORDINANCES may be nominated for an elective City position. Section 34. ENACTING CLAUSE. The procedures for nomination and f election for elective City positions shall be The enacting clause of all ordinances 1 governed by the election laws of the State of hereafter shall be, "The City of Tigard ordains Oregon, or by City ordinances if such as follows: ordinances are not inconsistent with state law. (Measure 56, May 18, 1982 election). Section 35. MODE OF ENACTMENT. Chapter VII (1) Except as paragraph (2) of this section VACANCIES IN OFFICE provides to the contrary, every ordinance of the council shall, before being put upon its final Section 32. WHAT CREATES passage, be read fully and distinctly once in i VACANCY. open council meeting. An office shall be deemed vacant upon the (2) Any reading may be by title only (a) if incumbent's death, adjudicated incompetence, no council member present at the meeting conviction of a felony, other offense pertaining requests to have the ordinance read in full or to his or her office, or unlawful destruction of (b) if a copy of the ordinance is posted in at public records, resignation, recall from office; least three public places within the city limits or ceasing to possess the qualifications for the before it becomes law. (Measure 57, office; upon the failure of the person elected or November 5, 1985 election). appointed to the office to qualify therefor within ten days after the time for his term of f C-9 Reformatted 1994 w It 1 i TICARD MUNICIPAL CODE (3) Repealed by Measure No. 57, November 5, 1985 election. Section 38. IMPROVEMENTS. 0 (4) Upon the final vote on an ordinance, The procedure for making, altering, the ayes and nays of the members shall be vacating or abandoning a public improvement taken and recorded in the journal. shall be governed by general laws of the state. r Action on any proposed public improvement, (5) Upon the enactment of an ordinance except a sidewalk or except an improvement the recorder shall sign it with the date of its unanimously declared by the council to be passage and the recorder's name and title of needed at once because of an emergency, shall office, and the mayor shall sign it with the date be suspended for six months, upon a Y'.. of signature, and the name and title of office of remonstrance thereto by the owners of the mayor. (Measure 55, November 5, 1985 two-thirds of the property to be specially f election; Measure 54, November 2, 1982 assessed therefor. For the purpose of this j election). section "owner" shall mean the record holder of legal title to the land, except that if there is a Section 36. WHEN ORDINANCES purchaser of the land according to a recorded TAKE EFFECT. land sale contract or according to a verified writing by the record holder of legal title to the ! An ordinance enacted by the council shall land filed with the city recorder, the said take effect on the thirtieth day after its purchaser shall be deemed the "owner". _ enactment. When the council deems it advisable, however, an ordinance may provide Section 39. SPECIAL ASSESSMENTS. a later time for it to take effect. In case of emergency, an ordinance may take effect The procedure for le Y vying, collecting, and immediately, provided that there is set forth in enforcing the payment of special assessments j a separate section the reasons why it must for public improvements or other services to be become effective immediately. charged against real property shall be governed by general ordinance. Chapter IX ff PUBLIC IMPROVEMENTS f' Section 37. CONDEMNATION. Section 40. BIDS. Any necessity of taking property for the Except as provided or allowed by state City by Condemnation shall be law, all contracts for public improvements to determined by the council and declared by a be made by a private contractor shall be let to resolution of the council describing the the lowest responsible bidder for the contract property and stating the uses to which it shall and shall be performed in accordance with be devoted. plans and specifications approved by the C-10 Reformatted 1994 f TIGARD MUNICIPAL CODE council. The council shall have the right to Section 44. TIME OF EFFECT OF reject any or all bids for public contracts. CHARTER. (Measure 51, November 2, 1982 election). This charter shall take effect January 1, 1963. MISCELLANEOUS PROVISIONS URBAN RENEWAL - CITIZENS RIGHT Section 41. DEBT LIMIT. TO VOTE Except by consent of the voters, the City's Section 45. t voluntary floating indebtedness for general city purposes shall not exceed the limits of state The voters of the City of Tigard, law. All city officials and employees who exercising their powers as the ultimate i create or officially approve any indebtedness in governing body of the city as reserved to them excess of this limitation shall be jointly and by the ordinances of the city and by the l severally liable for the excess. (Measure 58, Constitution and laws of the State of Oregon, November 5, 1985 election). do hereby find and determine that there no longer exists a need for an urban renewal Section 42. agency in the city. Therefore, the Tigard Urban Renewal Agency, as established or activated, Repealed by Measure 58, May 18, 1982 by Ordinance No. 81-91, adopted in December, election. 1981, is terminated. The facilities, files and personnel (if any) of the Tigard Urban Renewal Section 43. EXISTING ORDINANCES Agency shall be forthwith transferred to the CONTINUED. city. The termination shall not affect any outstanding legal actions, contracts or All ordinances of the City obligations of said agency, and the city shall be consistent with this charter and in force when it substituted for said agency in respect thereto. takes effect shall remain in effect until If, at the time this section is adopted, j amended or repealed. termination of the Tigard Urban Renewal Agency is legally prohibited by any mandatory provision of controlling state law, the termination shall be postponed until such legal impediment has been removed and shall then i automatically become effective; and, in the interim pending the effective date of such termination, the city shall not authorize, approve or assist in the incurring of any new _ debt or obligation or in the performance of any portion of the urban renewal plan. C-1I Reformatted 1994 i n 1 r ■ TIGARD MUNICIPAL CODE Section 46. foregoing, separate approval at an election is not required for: Section 45 is and shall be deemed to be an { ordinance of the city within the meaning of (1) Expenditures by the city, as ORS 457.075. Therefore, Section 45 may be distinguished from the urban renewal agency, amended or repealed by nonemergency which have been duly identified and included ordinance adopted by the City Council. The in a duly adopted city budget; or City Council may in the future activate, create, f - " reactivate or recreate an urban renewal agency (2) Issuance of Bancroft bonds (ORS in the city in the manner provided for by law, 223.205 to 223-295) in connection with subject to the limitations of Sections 47 and 48 assessments for local improvement districts, if 4.. concerning the methods for financing the such issuance is otherwise authorized by law. J{ activities of such an agency. Section 49. Section 47. As used in Sections 45, 46, 47 and 48: The city shall not approve an urban renewal plan or an amendment of an urban (1) "City" means the City of Tigard, renewal plan if such plan includes tax Washington County, Oregon. increment financing as a permissible means of i paying the debts and obligations of the agency (2) "Urban Renewal Agency" means an unless, prior to the activation and agency created or existing under ORS Ch. 457 implementation of tax increment financing, as it now exists or may hereafter be amended, such method is approved by the voters of the or a similar agency with similar powers and city at a regular or special city election held in purposes created under any other provision of t May or November. law. Section 48. (3) "Urban Renewal Plan" means a plan as defined in ORS 457.010 (11) as it now Any urban renewal plan or amendment exists or may hereafter be amended, or a i thereof hereafter proposed or adopted shall similar plan adopted under any other provision require that the plan, including the method of of law. financing same, shall be approved by the voters at a regular or special city election in May or (4) "Tax Increment Financing" means the November, if such plan or amendment would method of financing described and referred to or could involve the levying of a tax on in ORS 457.420 to 457.460, or a similar properties outside the urban renewal area to method of financing provided for under any pay the debts or obligations to be incurred in other provision of law. carrying out the plan. Notwithstanding the i V C-12 Reformatted 1994 4 1 r ~ TIGARD MUNICIPAL CODE Section 50. I further certif~, that I have carefully compared the above and foregoing copy with the original If any section or portion of this charter of said charter proposal as filed in my office amendment (Sections 45 through 49) is and that the foregoing copy is a correct determined unconstitutional or unlawful, the transcript therefrom and the whole of said remaining portions and sections shall be original as the same now appears on file in my severable and shall remain in effect. (Measure office and in my official custody. #51, September 20, 1983 election). I further certify that by resolution of the City AUTHENTICATION CERTIFICATE OF Council of the City of Tigard, Oregon, duly CITY RECORDER passed at its regular meeting of November 26, 1962, the above herein and foregoing Charter I, RALPH V. SYMONS, do hereby certify that was duly proclaimed and confirmed as the I I am the duly appointed, qualified and acting Charter of the City of Tigard, Oregon, to be ! Recorder of the City of Tigard, Washington effective by its terms on and after January 1, County, State of Oregon, and as such have the 1963. care and control of the official records of said city. In Witness Whereof I have hereunto set my i hand and affixed the official seal of the City of I further certify that pursuant to resolution of Tigard, Oregon, this 14th day of January, 1963. the City Council of Tigard, duly adopted at its regular meeting of October 8, 1962, there was Ralph V. Symons, Recorder of the City of - referred to the voters of the City of Tigard, in Tigard, Washington County, Oregon.0 conformity with initiative and referendum powers contained in Ordinance No. 62-20 of i:\adm\cathy\elcction\charicr3.doc said city, at the regular city election of November 6, 1962, the question of the adoption of the above herein and foregoing Charter of the said city, and that a total of 631 votes were cast with respect to said charter proposal at said election of which 456 votes were cast in favor of said charter and 175 votes were cast against same, and that as shown by the official canvass of the returns of said election, the above herein and foregoing Charter was duly adopted by the people of the City of Tigard at said election of November 6, 1962, by majority of the votes cast. C-13 Reformatted 1994 AGENDA ITEM # For Agenda of6_ CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Street Dedicltion Reaue, frm B nchyewEstW Horne Owners' Association PREPARED BY: Dick B. DEPT HEAD OK CITY ADMIN OK V"~ ISSUE BEFORE THE COUNCIL Should the City Council accept the Benchview Estates Home Owners' Association request to dedicate the streets in their subdivision to the public? STAFF RECOMMENDATION It is recommended that the City Council deny the request to accept dedication of the Benchview streets. INFORMATION SUMMARY (f he Benchview Estates Home Owners' Association has requested that the City accept dedication of the streets ithin their subdivision as public streets. The streets were built as private streets when the subdivision was developed in 1987. The developer did not want to build the streets to City standards and, therefore, requested and gained approval for private streets. The streets were to be maintained by the Home Owners' Association. The streets are partially constructed to City standards. Substandard conditions include street base, right-of-way width, lack of sidewalks on one side and entrance apron design. Normally the biggest concern in taking over private streets is maintenance costs. Streets are brought up to City standards during original construction or through local improvement districts or other payment arrangements. I Another issue to consider is the cost to repair the Benchview Court cul-de-sac that was damaged during last t winter's slides. Regardless of the slide damage, the City would, normally, request that all defective or damaged areas be paid for prior to the City accepting dedication. - The attached staff memorandum explains the process involved for considering dedication as well as an evaluation of the code provisions. The Planning Commission heard testimony from the Association at its July 1, 1996 meeting. The Planning Commission recommended acceptance of the dedication subject to the conditions proposed by staff These conditions call for the Association to pay for any and all repairs to correct existing damage or defects prior to acceptance and to prepare the necessary right-of-way dedication documentation converting the private tracts to public right-of-way as well as increasing the right-of-way to 38 feet to account for all of the sidewalk area and street lights. L , i Because of damage to last winter's slides, there are three lots in the Benchview Subdivision involved in tort "tigation. The issues related to these claims has progressed since the time of the Planning Commission's review. These legal issues and the need to bring the streets that were damaged up to satisfactory construction standards lead the staff to recommend that the dedication be denied. If the Council chooses to accept dedication, staff i suggests additional conditions to those recommended by the Planning Commission. These would include delaying acceptance until all corrective action is taken relative to the three lots under tort litigation as well as an indemnification related to the construction, repair and damage related to the storm and slides of last winter. Such conditions would have to be drafted into an agreement by the City Attorney's office. Also, attached are two letters from the Home Owners' Association. One requests dedication. The other letter requests that the City take the responsibility for the repair and preparation of the dedication documentation. It also suggests whether or not it would be possible for the street lights to remain in an easement strip. Relative to an easement strip, increasing the right-of-way to include the street lights does the same thing and eliminates having a street right-of-way easement plus a street light easement adjacent to each other. OTHER ALTERNATIVES CONSIDERED 1. Approve the dedication of the street in its current condition. 2. Deny the request. 3. Require the street to be brought to all or part of the City standards (repair, sidewalks, street base, right-of-way, aprons, etc.) 1 FISCAL NOTES Costs to the City will depend on the circumstances under which dedication is or is not allowed. f di6JJ.1-% 12 06 PM f S 4 MEMORANDUM CITY OF TIGARD, OREGON TO: Planning Commission and City Council i FROM: Engineering and Planning i DATE: June 4, 1996 I SUBJECT: Street Dedication Request in Benchview Estates J Background The Benchview Estates Homeowner's Association is requesting that the City accept dedication of the streets in their subdivision as public streets. The streets were built as private streets along with the Benchview subdivision in 1987. In the typical development process, streets are built to City standards and dedicated to the public as a part of platting of a subdivision. In this case, the developer did not want to build the streets to city standards and, therefore, requested and gained approval for private streets. The streets were to be maintained by the Homeowner's Association. j The Association now wants the City to take over maintenance. A letter from the Homeowmer's Association is attached. j The streets are partially constructed to City standards. Street base, right-of-way width, lack of sidewalks on one side and apron design do not meet City standards. Normally, the biggest concern in taking over private streets is in maintenance costs. The Public Works Department has indicated that they could take over maintenance. I Perhaps a greater issue is the cost of repair of the Benchview Court cul de sac that was damaged in last winter's slides. Property owners as well as the Homeowner's Association have been notified of the need to correct the slope hazard deficiency. Both the Engineering and Public Works f Departments recommend that the City inspect the streets to determine defective or damaged areas and that the Home Owners Association pay for any and all repairs prior to the City accepting dedication. The private streets in Benchview have a right-of-way of 34 feet. This does not include all of the sidewalk that exists nor does it include the street lights. To include the sidewalk and street lights in the dedication would require a 38 foot right-of--way according to the Engineering Department. This extra right-of-way would create non conforming setbacks for some houses. The only practical J effect of this type of non conformity would be that any structures would not be able to be enlarged nr~~. to increase the non conformity. In other words, such structures simply would not be able to extend past the existing building lines. This issue should affect few of the homes. The fact that the street would be non conforming to base, sidewalks and concrete entrance aprons as well as setbacks is relatively inconsequential if the City accepts dedication. Process The process for dedication would require authorization by the street owners (Homeowner's Association) by legal signature to dedicate the streets. The request needs a recommendation by the Planning Commission. The City Council must make the final decision. While nothing in the code requires a public hearing, testimony could be taken by both bodies. Staff has sent notice of the r pending consideration by the Planning Commission and Council to the Home Owners Association and the property owners. 4 i Code Section 18.164.030 B. indicates that "Right-of-way shall be created through the approval of a final subdivision plat or major partition; however the Council may approve the creation of a street by acceptance of a deed, providing that such street is deemed essential for the purpose of general traffic circulation." Code Section 18.164.030 B. a. (i). states: a. The Council may approve the creation of a street by deed of dedication without full compliance with the regulations applicable to subdivisions or major partitions if any one or more of the 1 following conditions are found by the Council to be present: I (I) Establishment of a street is initiated by the Council and is found to be essential for the purpose of general traffic circulation, and partitioning or subdivision of land has an incidental effect rather than being the primary objective in establishing the road or street for public use; Code Section 18.164.030 B. c. states: c. All deeds of dedication shall be in a form prescribed by the City and shall name "the public" as I grantee. Code Evaluation SW Clearview Way, SW Clearview Place and SW Benchview Place are obviously necessary for traffic circulation to get to and from the homes in the Benchview Estates Subdivision. The j necessary circulation, however, can be accommodated whether the streets are private or public. This is primarily a question of whether the streets should be maintained by the City. The property t owners in Benchview Estates would indicate that they pay taxes for the maintenance of streets. The question for the City is whether these streets would create a disproportionate cost for maintenance. I The City has street standards to help ensure the costs of maintenance are reasonable. I~ _ v ~ ~ e Since the subdivision of land involved was subdivided in 1987, the establishment of the street is clearly not for subdivision purposes at this point. Options 1. Approve the dedication of the street as is. 2. Deny the request. I: 3. Require the street to be brought up to all or part of the City standards (repair, sidewalks, street [ base, right-of-way, aprons, etc.) Recommendation It is suggested that the City Planning Commission and Council consider the Home Owners Association request to accept dedication of the Benchview Estates streets. Acceptance of dedication should be conditioned on the following: 1. The City staff will conduct an inspection of the streets to determine damage or defects. The Home Owners Association shall pay for any and all repairs to correct existing damage or defects - prior to dedication and acceptance by the City.. 2. The Home Owners Association shall prepare the necessary ROW dedication documentation that will convert the existing private tracts to public ROW. The ROW shall be increased to 38 feet to } account for all of the sidewalk and street lights. E,. i f. is\curpln\dick\benvded.mem j 06/04/96 1:06 PM r i 1 - f j. , RECD MAY 0 7 1995 ' Slav 1996 James Hendry Community Development Director C itv of Tigard 13135 SW Hall Blvd. Tigard, Oregon 97323 Dear -1.1r. Hendns: I would like to thank you, however belatedh, for having Gary Anson attend the Benchveiw (1 ¢ a Homeowners' Association annual meeting. He answered questions bravely and I J subsequenth, the homeowners were able to conduct a more thorough investigation regarding the construction of the streets, as well as adherence to current cin• codes. We ~ r are now prepared to formally request the dedication of the streets in the BenchNiew Estates j I Subdhision, to the Cin• of Tigard. f We are a small subdivision, with very little expertise and funding available to adequately j maintain these streets. We feel strongly that the city would be best served, now and in the future, to take these streets, and ensure a more effective control on their upkeep. and continued. safety. Our group has researched the construction of these streets and have concluded the { following: l ~ Y On March 11. 1996 a representative of our association tallied to Brian Rager regarding Cleariew Loop. He stated that this portion of the subdivision "is built to city standards". .A short section in Benchview Court has six inches of crushed rock instead of nine, but it ' does have three inches of asphalt which meets current standards. This section of street is a dad end less than a block long, with very little traffic. Because of the low traffic usage we feel that the long tern maintenance costs will be less than a street with normal or heavl- traffic. Therefore we are requesting a variance so the city may accept this section as constructed. In addressing the issue of a sidewalk on both sides. XVe request the city consider once again that this is a small subdivision. traffic is light and used mainh• by residents. The trend I in new developments as demonstrated at Forest Heights. and Ash Creek Meadows, is to construct sidewalks on only one side of the street. Without the second sidewalk, no urffi v easement problems exist and it will not be necessary to survey setbacks of the etisting houses. ~i - a { The homeowners have discussed a possible solution to the concrete aprons. We would be willing to coat these areas with a coating of asphalt to indicate their public status. We feel the cost to move the concrete aprons. no matter who would pay, just to designate public streets. is not an etriicient use of funds. We feel stron-h' that the street light fee would not be necessary. Per our discussion with Gary Alison. this fee would not be applicable since we have paid for operation of these streetlights for the last several years. In addition we have been paying the full rate on our property taxes. We understand the purpose of this fee is to allow the ciq• to collect. Up front, operating costs for streetlights in new subdivisions until the cin• can collect fccs through property taxes. The homeowners have already paid up front costs in addition to taxes for this service. C - The homeowners feel that while the police department does perform random patrol functions as a courtesy, the police are not in a position to enforce minor traffic problems. r such as speeding and parking violations. t While speeding is always a concern. a more serious concern is that poorly parked vehicles could block free access by emergency vehicles such as fire and rescue. At this time we have no safe method to discourage or remove vehicles or equipment parked on the streets which could lead to a delay in the response of emergency vehicles. We hope to hear from the city as soon as possible regarding the next step in this process as f we are committed to the task at hand. Your open discussion and clear communication with {t us is appreciated. t I Sincerely, i Ruth Lisicki j Secretary Benchiew- Homeowners Association I Mike Frahler Treasurer Bench~iew Homeowners association cc: Sun \icofi g i SW 1/4 SE V4 SECTION 4 72S R IW WK 2S 14DC I MAINNiTOM COUNTY OREGON p[-SCALE I'-10d r y„ " - N ~ tam rA a00 SOOp 1100 Oim~ 1100 ~ t 'w~ - 1 q fl is Y' nm ♦i n - It[ M to if 1 rCA rrrY t000 IT MOO", I - n a „1 v i u r m 1 r rr om J` r Ame '!'if tNp ' ' (y ~ e~eo SA c w00 n • noo _ ~ t u0o m' ,r ......f t r , - ` ~ r•~ n r Am v r~fi rAOO F 5* .Iw 7roo • ~ j ~ r.r. nN.. _ a X11,00 IS r 1 noo 1 i ~ r •:wo [A a wo AS !r . ~aPG~S, I= 0000 Al Il°•:c y t l+ J(` f ' A•Ir 100 AA 1 ~ i • 1 ' Y 11 ' SO .31100 'A •BErNCNV1EW v, ,l7- Oe~ r. II Aooo Iloo ~ n 100 5 rem It. Al. i 4 a[ Mu P T ~+ri . ~soo . \ aom n r .oA 4 1 4c0 N00 *I im Np0 1r' " P~ ' i 5 rem y'~ Iro0 F 23 74 A ' 1 ` [ ; •,n~ a rr.~.Y 'rao emA ,poo ' JS~ At Mort NItIG~STAR NO.~2 IIm i 1,200 ~ i n ~ jpm j n uoo AI00 Z AIm c p i• ~)j AM! ~ N p ~ A ~ ~Nm 't IiX Afm/t O II 1100 'IO' a II A, i wm txn • t m Of00T , tr1 nm um reoo A i' • w, SHIREV (LANE m IronA I " Y Yj' '000 eJVI' ~uoo 0000 Alm A200 A A>m 1 A. n sa n a' u » w= A e wao 100 lutawr t-YAA% 237E oa wr u ur a roA our 1 tea uu. 1 .l TIGARD 1• 1 A[f Y.. 2S 1 40C I' 1 tt 1 i ®r BENCHVIEW ESTATES HONMOWNER'S ASSOCIATION 13643 SW BENCHVIEW PLACE TIGARD, OR 97223 (503) 590-2710 FAX (503) 590-7819 June 18. 1996 . City of Tigard Engineering and Planning Commission 13125 SW Hall Blvd. t., Tigard. OR 97223 f ATTN: Richard Bcwcrsdorf I r, Dear Mr. Bewersforf. Thank you for all your assistance in working toward a street dedication to Tigard from Benchview Estates. Your letter of June 4, 1996 is very concise and fairly represents the current status. However, there are a few minor points where we would appreciate further cLuification or a slight change in direction. The first is contained in the third paragraph of the first page. You are discussing the damage from the winter slides. Our cul de sac was damaged as a result of the Rea's house slide and the damaged sewer. The stabilization of the slope and the destruction of the Rea's house could further damage the cul de sac I (see David Scott's letter of June 3, 1996). We think it would be more appropriate for the city to take on the responsibility of this repair as part of their general repair obligations. We arc concerned that we are not experts in this type of work and could cause more harm to other repair efforts than it would cost the city to do this repair. It simplifies the number of parties involved in coordination. approvals, and litigation. Also. if there was a city inspection that originally accepted the street and lot stabilization when t" built. why should the Homeowner's Association be expected to pay now? The second item concerns the right of way issues, particularly, the street lights. Would it be possible for the strut lights to remain in the public utility easement strip as they are currently? PGE would maintain them as located in the PUE under their "OP'T'ION B- tariff. PGE's wiring is located in the PUE. Moving to your recommendation that the Homeowners Association ~ prepare the necessary ROW f dedication documentation. We would like to ask that the staff of the city prepare this document. This would assure the proper preparation in accordance with the needs of the city. Our Homeowner's r Association has been paying above average property tares without city maintenance on streets or street f lights and there is no funds available to pay the cost of attorney fees. f We thank you for your consideration and look forward to hearing from you soon. f . Sincerely LIU Sharon L. Mueller J i 1u i CITY OF TIGARD PLANNING COMMISSION Regular Meeting Minutes July 1, 1996 1. CALL TO ORDER President Wilson called the meeting to order at 7:30 p.m. The meeting was held in the Tigard Civic Center, Town Hall, at 13125 SW Hall Blvd. 2. ROLL CALL Commissioners Present: President Wilson; Commissioners Anderson, Collson, DeFrang, Griffith, Holland, Neff, Padgett, and Scolar ! i i Staff Present: Dick Bewersdorff, Planning Manager, Brian Rager, Engineering Manager, Jerree Gaynor, Planning Commission Secretary 3. PLANNING COMMISSION COMMUNICATIONS C Dick Bewersdorff introduced Michael Neff, the newest member of the Planning i Commission. The Planning Commission Secretary provided the Commissioners with copies of testimony given at a recent MPAC meeting regarding Metro 2040. 4. APPROVE MEETING MINUTES Commissioner Padgett moved and Commissioner Holland seconded a motion to approve the May 20, 1996, meeting minutes as written. A voice vote was taken and the motion passed by majority vote. Commissioner Anderson abstained. I . President Wilson corrected the minutes of June 3, 1996, pointing out that he was j absent and did not call the meeting to order, as was stated. Commissioner I Padgett moved and Commissioner Anderson seconded a motion to approve the i minutes as amended. A voice vote was taken and the motion passed by majority vote. Commissioners Collson, Neff, and Wilson abstained. 5. BENCHVIEW STREET DEDICATION Senior Planner Dick Bewersdorff presented the staff report on behalf of the City. He said the Benchview Homeowners Association was requesting the City accept dedication and take over the street maintenance. He said the streets were built in 1987 as private streets and do not meet City standards; they are substandard in width and lack sidewalks on one side. Bewersdorff said that normally there would be a concern over cost of maintenance, but the City's Public Works Department has indicated that the cost U of maintaining the streets would not be much more in expense. PLANNING COMMISSION MEETING MNUrES - July 1, 1996 - Page 1 Bewersdorff said that staff recommendation was for the Planning Commission to consider the dedication request, subject to the conditions on the staff report. The conditions were for 1) City staff to conduct an inspection of the streets to determine damage or defects, with the Homeowners Association paying for all repairs, and 2) the Homeowners Association to be responsible for preparing or having the City prepare the dedication documents. PUBLIC DISCUSSION Ed Mueller, 13643 SW Benchview PI., Tigard, OR 97223, referred to a letter sent by the Benchview Homeowners Association. He said the major concern is with the proposal to inspect and ask the homeowners to pay for any improvements or damage. He said the damage to the cul-de-sac appears to have been caused by the Rea's house slide and damaged storm sewer. i , Mueller said the homeowners feel that when the street was put in, the City accepted it in terms of inspection for grading, drainage, and other things. He said they do not feel they have done anything to cause this problem. He said they would like the Commission to include repair of the cul-de-sac as a part of the - general clean up and stabilization of the slope. Mueller asked if it was possible for PGE to maintain the right-of-way for street lights, under their Option B tariff, since the wiring is within their easement. He said this would save the homeowners the cost of changing the right-of-way. Mueller said the homeowners don't have experience in preparing dedication documents and would like to City to do this, as a part of the process. He said they feel like they're paying above average property taxes and they don't have a lot of money in the Homeowners Association. Commissioner Griffith asked Mueller if he was aware that this was a private street when he bought the property and that it was the responsibility of the homeowners to maintain the private roads. Mueller answered that he didn't recall, but there i were terms and conditions which he signed as part of buying the property. Commissioner Griffith asked what was wrong with the cul-de-sac. Mueller said he was not aware that anything was wrong with it, that he was referring to a letter from the Engineering/Planning departments which say there is some damage to it. Commissioner Griffith asked staff if the storm sewers were private or public. Engineering Manager Brian Rager answered that he believed the storm drainage in front of the street is a private line and that the sanitary sewer is probably public. Griffith asked that if this were adopted, would we be assuming responsibility for the storm sewer as well. Rager answered yes. f PLANNING COMMISSION MEETING MINUTES - July 1, 1996 - Page 2 r1 Kerry Rea, 13690 SW Benchview PL, Tigard, OR 97223, said it was his understanding that the storm drain was the City's and that the City has been involved in terms of repair and mitigating the damage. He also said that David Scott (Building Official) believes there is some separation in the curb from the street. Rea advised that there were 3 lots along the street that suffered damage from the winter flood. He said it was his position that the City has serious responsibility in this soil failure. He advised that his attorney has served a claim against the City; that in the planning process there were several mistakes made by several parties, including the City in development of the street. I i j Commissioner Griffith asked Rea if he was aware it was a private street when he I bought the property and it was the responsibility of the homeowners. Rea answered that he believed so. Rea stated that people in the neighborhood are { paying hefty taxes and he doesn't think their standard of service should be any different than anyone else's. The Commissioners clarified with Rea that he was paying the same millage rate as 1 other Tigard citizens, but the homes in his neighborhood are more expensive than the average home, so they are paying a higher total dollar amount. The Commissioners asked staff if they should make a decision on this if there was litigation involved. Dick Bewersdorff advised that the City Attorney is dealing with the litigation matters and that the Commissioners are just making a recommendation to Council regarding the dedication. Bewersdorff said Council will deal with the financial issues that the Homeowners Association have suggested. Commissioner Griffith asked staff if the storm and sanitary sewers were up to City and USA standards or if they were also substandard. Arian Rager answered that he believed the sanitary and storm sewer systems were probably inspected by the f city. Patrick Foster, 13414 SW Clearview Way, Tigard, OR 97223, advised that the sanitary and storm drainage systems were the property of the City. He said the homeowners were concerned over the lack of some public services that they were paying for but were not receiving, e.g., street sanding, police patrolling, removal of parked cars. He said the homeowners would like to have the streets dedicated to the City. Ruth Lisicki, 13332 SW Benchview Terrace, Tigard, OR 97223, said she was not aware of the private streets when she bought her home. She said there is a lot of . confusion because some of the streets are private and some are public, so the PLANNING CONIMISSION MEETING N NIJTES - July 1, 1996 - Page 3 homeowners do not know who is responsible for what. She commented that the _ homeowners who live on private streets pay full taxes, but are not entitled to public services on their streets. Commissioner Griffith asked staff if they had an estimate of what this would cost the homeowners. Dick Bewersdorff answered that the engineers would have to do a complete inspection and would determine the cost at that time. He said staffs v recommendation is that these costs are beyond maintenance and that bringing the street up to City standards would be appropriate, as opposed to having the rest of City taxpayers pay the cost. He said the inspection would not be done until the City makes a decision on the dedication. Commissioner Padgett asked that if this was an annexation situation, would the k" I City require more, less, or the same amount of work from the homeowners. Bewersdorff answered that normally with an annexation, we don't accept the streets for maintenance until they're brought up to standard. Commissioner Holland remarked that, in the future, he would have second thoughts about allowing private streets in new developments. PUBLIC DISCUSSION CLOSED The Commissioners talked about the advantages a developer receives when allowed to put in private, substandard streets and the problems that arise after the fact. Commissioner Padgett remarked that the homeowners chose to buy these homes and accepted the private streets, but now they want the City to bear the cost of changing the streets from private to public. He said he thought the people who want to make the change should bear the cost. He also said he did not think the conditions listed in the staff report were unreasonable and he supported the staff report. Commissioner Anderson agreed, likening the situation to older neighborhoods with gravel streets who form an LID to have the streets paved. i In response to a question from the audience, Dick Bewersdorff said that the homeowners might pay for the repairs with an LID or they could be done by private engineers subject to City inspection. Commissioner Holland moved to approve the dedication as per the staff report and let the City Council decide the financial end of it. Some Commissioners asked for clarification of the motion. Holland said the motion was exactly as the staff report states, with the conditions listed on the staff report. PLANNING COMMISSION MiISS10N MEETING h1INLTES - July 1, 1996 -Page 4 F . L2 A question was raised about the 38' right-of-way that doesn't currently exist. Dick Bewersdorff suggested that the light utility could be put in an easement. Brian Rager advised that, typically, street lights are in the public right-of-way. He said that if the City took these over it would not be in conformance with the way we normally take over a public street, but it is a decision Council can make. He said that a public utility easement could probably afford the City the same accessibility to the street lights. After further discussion, Commissioner DeFrang seconded the motion. A voice vote was taken and the motion passed unanimously. 4 Ed Mueller asked if this request could be withdrawn in the future if the ` 1 homeowners find that it is cost prohibitive. The Commissioners advised him that I this was only a recommendation to Council and that the homeowners could withdraw the request if they chose to do so. 6. PLANNING COMMISSION BY-LAWS Dick Bewersdorff presented a draft copy of by-laws and asked the Commissioners to decide if they served the purpose. President Wilson remarked that the Commission was more interested in having rules of order that were not as complicated as Roberts. He said he was looking for something that was a little bit _ more organized, but was not opposed to having by-laws. He said he would like to v see something that would address possible situations that the by-laws don't speak to. President Wilson referred to Article II, "Responsibilities of Commission". With regard to Planning Commission and CIT roles, he would like to see this section l filled in by Council. Commissioner Holland suggested adopting the by-laws and then have Council make changes if they wanted to. f I Commissioner Anderson referred to Article II, Section 1, Article B "Th e Commission may assist the Council in the formulation of a Capital Improvement Program...". Commissioner Holland suggested changing the word may to will. j Commissioner Padgett referred to Article IV, Section 8, "At any meeting of the commission, a quorum shall be a majority of the members present of the commission". He thought this might be confusing and suggested transposing the words to read "...present members...". The Commissioners talked about adding a visitor's agenda to the regular agenda. Commissioner Padgett suggested that citizens should approach City staff if they wanted to put an item on the regular Planning Commission agenda. i PLANNING CONNISSION MEETING MINUTES - July 1. 1996 - Page 5 s. I e Commissioner Holland moved to adopt the draft with the changes suggested for Article II, Section 1, Article B and Article IV, Section 8. Commissioner Griffith seconded the motion. A voice vote was taken and the motion passed unanimously. NOTE: TO AVOID AMBIGUITY WITH REGARD TO ARTICLE IV, SECTION 8, COMMISSIONER PADGETT LATER SUGGESTED CHANGING THE WORDING TO READ: "AT ANY MEETING OF THE COMMISSION, A QUORUM SHALL BE A MAJORITY OF THE CURRENT MEMBERS OF THE COMMISSION". ° 7. OTHER BUSINESS i None 8. ADJOURNMENT The meeting adjourned at 8:30 p.m. i Jerree Gaynor, Planning Commission Secretary i ATTEST: President Nick Wilson PLANNING COMMISSION MEETNG MNUrES - July 1, 1996 - Page 6 Jul), -17 7, 1996 { Richard Bew•ersdorf J City of Tigard JU j Engineering and Planning Commission Tigard, Oregon 97223 RE: Benchview Estates subdivision street dedication City of Tigard Planning Commission meeting held Jul), 1, 1996. c I would like to than]: the commission for giving us an opportunity to discuss the issues s surrounding dedication of our streets to the city. As secretary of our association, I would tike to summarize the meeting and request clarification from the city as to the course of action that must follow the commission's recormnendation. Three main issues were discussed at the meeting. The outcome was the adoption by the planning commission, of the recommendation given by Mr. Bewersdort; in his memorandum to the commission and city council dated June 4, 1996. 1. Buyer beware -The homeowners had the free choice to buy into this development or choose elsewhere. The homeowners do not dispute this. For whatever reason or consequence we own these properties and are now trying to deal with the issues and realities surrounding that purchase. Since we can't return our products so easily, we are looking to the city to help us in our search for an equitable solution to all parties. ` I hope this issue of buyer beware, can be laid to rest at the planning level, and time can be ` devoted to the present challenge. 2. 13690 SW Bench,6ew Place - We are all extremely sorry for the misfortune that has befallen the Rea family. N e were somewhat disappointed that Mr. Rea chose our meeting to discuss his pending litigation with the city. But it did highlight the fact that at this point we must now turn to more economic and legal concerns regarding his house. Our association, by association, has also become a victim of that damage. It was our sincere hope that eve could keep this situation separate. As this issue highlights, it is nearly impossible, and extremely costly, to separate the city's responsibilities from private when it involves the public right of way. r L! 06 _ A. - - 3. Who will pay -The final point of the meeting, "what will it cost, and who The homeowners are ready to discuss and work toward a resolution on this will pay. final point. We are committed to the belief that dedicating our streets is the most cost effective solution 1 for all parties involved, and in the best interest of the public safety. We request that the to help us meet our goal as quickly and efficiently as ` city invoke its regulatory authority 17 possible. Thank you again for taking the time to discuss our concerns. We look forward to your communication regarding the nest level of discussion we must pursue. ' " - Sincerely, ,'n7. .,]I'mo' ( A~';;~~'~:'f':"'-4<;•:,p:'-7R.~:a.;: if;:' Ruth Lisicki " } Avk Secretary Benchview Homeowners Association cc' Mayor Nicoll I 5 r i 1 -1 N .•-I N - W l~ O, 1.1 rO 0 = - r•-1 t~ o, o 1-1 uESo 2 W fn nl O ~ 'lJ - N lf1 Sa - i..~ O >•,N Id ay rt a •H M ~ cr • rA ~ U. E w LJ j CI 5 . T r 1 i - ~N 1 r` ~ t U:16. ~ % • i i MEMORANDUM CITY OF TIGARD, OREGON j_ TO: City Council I! ■ FROM: Dick Bewersdorff DATE: August 20, 1996 ` SUBJECT: Benchview Estates Street Dedication " { Attached is a letter from Ruth Lisicki that I inadvertently left out of the agenda packet. The letter k had questions related to the Planning Commission's recommendation and further portrays the Home Owners Association's concerns. ~ f ~ F { ~ h l xf 1 { i I I I i - 1 i ~C....; juiv 1996 i Richard Bewersdorf Citv of Tigard Engineering and Planning Commission Tigard, Oregon 97223 RE: Bench-dew Estates suhdhision street dedication i City of Tigard Planning Commission meeting held July 1. 1996. I would like to thank the commission for gi%ing us an opportunity to discuss the issues surrounding dedication of our streets to the city. As secretary of otu association I would like to summarize the meeting and request clarification from the sit- as to the course of action that must follow the commission's recommendation. Three main issues were discussed at the meeting. The outcome was the adoption by the ~ . planning ;ommission, of the recommendation given by I Ir. Bewersdorf, in his memorandum i- to the commission and city- council dated June 4. 1996. 1. Bu} er beware - The homeowners had the free choice to buy into this =t. development or choose elsewhere. The homeowners do not dispute this. For whatever reason or consequence we own th me properties and are now tying to deal with the issues and realities surrounding that purchase. Since we can't return our products so easih, we are looking to the cin to help us in our search for an equitable solution to all parties. i' I hope this issue of buyer beware, can be laid to rest at the pL•mning leA and time can be Je -oted to the present challenge. 13690 SW Benchview Place - We are all extremely sonro for the misfortune that has befallen the Rea famih. We were somewhat disappointed that N•Ir. Rea chose our t meeting to discuss his pending litigation with the : in-. But it did highlight the fact that at Us point we must now turn to more economic and legal concerns regarding, his house. E z Our association. bx association. has also become a -ictim of that damao , It was our sin;,ere hope that we could keep this situation separate. As this issue highlights, it is nearh- impossible, and estremeh• costh•. to separate the city's responsibilities from private when it involves the public right of waA. 1 F f F .l = m 3. Who Rill pay - The final point of the meeting -w-hat will it cost, and who wdl pay?' The homeowners arc read}- to discuss and work- toward a resolution on this final point. XVe are committed to the belief that dcdicatim our streets is the most cost effective solution for all parties involved. and in the best interest of the public sa2oh. We request that the l cite invoke its regulator% authority to help us meet our goal as quickh and etTicirnth as possible. Tf+~nt vn~~ ony.'n fnr tylyn` the tWm~ to -,Scams nLr co^ccm5. We look fonv?.rd to your communication regarding the next level of discussion we must pursue. r Sincerely, Ruth Lisicki Secretary Benchview Homrownets Association cc: \"favor `icoli I I, a AGENDA ITEM # h I For Agenda of August 27, 1996 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE CONS T AGENDA: Create Solid Waste Efficiencies Task Force PREPARED BY: EPT HEAD OK CITY ADMIN OK ISSUE BEFORE THE O TN Ir Council solicited efficiency suggestions from the Tigard franchised solid waste haulers. Council further asked staff to prepare the paperwork to establish a task force to review the suggestions and report back to Council. k STAFF RECOMMENDATION Staff recommends that Council passed the attached resolution which creates the task force, appoints memberships, defines responsibilities and timeline. INFORMATION SUMMARY n November, 1995, the City Council gave staff direction to create a Solid Waste Efficiencies Task Force to review `,,efficiency suggestions submitted by the haulers. The suggestions submitted by the haulers are set forth in the j Exhibit "A" to the attached resolution. The Task Force will begin to meet in September. There will be a progress I report filed with Council no later than December 17, 1996, with a final report due by February 28, 1997. I ~ I. The timing of this review is scheduled to coincide with the receipt of the Haulers' 1996 financial report filing deadline of March 1, 1996. The Task Force's report will be used to review the annual financial reports as well as 1' be presented for Council consideration at that time. t _ OTHER ALTERNATIVES CONSIDERED 1. Take no action. 2. Create Task Force and make membership appointments. FISCAL NOTE Im/mccsum.827 { i i - 6 . s 4 AGENDA ITEM 4 S For Agenda of August 27, 1996 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY . ISSUE/AGENDA TITLE Council Goal - Develop a Plan to Address the Problems of the Homeless f PREPARED BY: DEPT HEAD OK lLyoo- CITY ADMIN OK-+/ ISSUE B FORE THE O tN~rr Council established as a goal the need to plan to address the problems of the homeless. Tigard has supported the efforts of Interfaith Outreach in the past. Council will review the status of the Homeless Task Force recommendations of 1994 and discuss future steps with staff. This issue was before the Council on July 16, 1996, but continued to August 27, 1996. i STAFF KLUOMMEN 2A TI v' i Staff recommends that Council review the January status memo pertaining to the Homeless Task Force recommendations and provide input on plan development. INFORMATIONS iMMauv In November, 1994, the Homeless Task Force made several recommendations for action to address the issues of homelessness. The attached status report was given to Council in January 1996. In February, a goal to develop a plan to address the issues. Staff seeks direction from Council so t aCouncil esta n outline clan hbe developed, tasks assigned, and a plan developed. OTHER Ai TFRNATIVES C ONSInFRFn 1. Take no action. 2. Staff create a plan based upon prior Council direction and the recommendations of the Homeless Task Force. FISCAi. NnT lAci quid6sumlhomelss. doc " ®F - MEMORANDUM CITY OF TIGARD OREGON i- TO: Mayor and Members of Council FROM: Liz Newton, Assistant to the City Administrator tj_l~ DATE: January 16, 1996 i' i SUBJECT: Status of Homeless Task Force Recommendations to the II City Council k ~ At the City Council meeting of November 22, 1994, the Homeless Task Force made four recommendations to the Council aimed at addressing the issue of homelessness in the community. The status of those recommendations is as follows. Recommendation 1. City of Tigard should immediately adopt a severe weather policy to help provide such shelter on an emergency basis. Status The Tigard Water Building has served as a severe weather shelter over the last two winters. Prior to opening in November, the City and Interfaith Outreach Sex-vices (IOS) reached agreement i on the conditions for operating the shelter in the Water Building. + City and IOS staff meet monthly during the period of shelter operation to discuss issues related to operation of the shelter. Recommendation { 2. City of Tigard should immediately facilitate an effort to educate the public about the problem of homelessness and what can be done as a community to assist the homeless. Status Articles have appeared in the CITYSCAPE In addition, IOS made presentations to each CIT to educate members about the issue of homelessness. Staff can schedule follow up CITYSCAPE articles and publish on a regular basis i Recommendation 3. The number of homeless shelter beds in eastern Washington County is totally inadequate. The City of Tigard should "'1 immediately facilitate the formation of an action-oriented task force in eastern Washington County to site and equip an additional permanent homeless shelter and provide self-sufficiency programs i; for the people sheltered there. Status A task force was established and three meetings were held. It was determined that efforts in this area should be coordinated with Interfaith Outreach Services (IOS). IOS is currently raising money for the construction of a homeless shelter next to the Methodist Church in Tigard. It will serve around 30 clients. A ■ i steering committee has been formed which oversees a capital campaign committee. The Mayors of Tigard and Beaverton are on the Steering Committee with the Superintendents of the Tigard-Tualatin and Beaverton School Districts. The capital Campaign committee includes local business people. Recommendation 4. In the long range, other programs should be instituted or expanded to help the people who are homeless or at risk of homelessness. The eastern Washington County task force should facilitate a county-wide effort to establish a Washington County detoxification center and achieve significant increases in transitional and affordable housing options. - Status The task force took no action on these issues. City staff i has recommended however, that addressing homelessness be identified as a need in the Washington County Community Development Needs Assessment that is currently being prepared. Having homelessness identified as a need in the Needs Assessment may make projects and programs that will assist the homeless population eligible for federal funding. Council may want to discuss the status of these recommendations, how the city should proceed and provide direction to staff. -J .J