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City Council Packet - 12/09/1997CITY OF TIGARD OREGON TIGARD CITY COUNCIL MEETING l DECEMBER 9, 1997. i e COUNCIL MEETING WILL BE TELEVISED i:ladm%jokccpkt3.doc i 13125 SW Hall Blvd., Tigard, OR 97223 (503) 639-4171 TDD (503) 684-2772 i r TIGARD CITY COUNCIL BUSINESS MELTING DECEM13ER 9, 1997 6:30 PM' TIG.ARD CITY HALL 13125 SW HALL BLVD ' TIGAR.D, OREGON 97223 CITY OF TIGARD PUBLIC NOTICE: Anyone wishing to speak on an agenda item should sign on the appropriate sign-up sheet(s). If no sheet is available, ask to be recognized by the Mayor at the beginning of that agenda item. Visitor's Agenda items are asked to be two minutes or less. Longer matters can be set for a future Agenda by contacting either the Mayor or the City Manager. Times noted are estimated: it is recommended that persons interested in testifying be present by 7:15 p.m. to sign in on the testimony sign-in sheet. Business agenda items can be heard in any order after 7:30 p.m. Assistive Listening Devices are available for persons with impaired hearing and should be scheduled for Council meetings by noon on the Monday prior to the Council meeting. Please call 639-4171, Ext. 309 (voice) or 684-2772 (TDD - Telecommunications Devices for the Deaf). I Upon request, the City will also endeavor to arrange for the following services: • Qualified sign language interpreters for persons with speech or hearing impairments, and • Qualified bilingual interpreters. Since these services must be scheduled with outside service providers, it is important to allow as much lead time as possible. Please notify the City of your need by 5:00 p.m. on the Thursday preceding the meeting date at the same phone numbers as listed above: 639-4171, x309 (voice) or 684-2772 (TDD - Telecommunications Devices for the Deaf). SEE ATTACHED AGENDA COUNCIL AGENDA - DECEMBER 9, 1997 - PAGE 1 I I AGENDA Tigard City Council Meeting - December 9, 1997 6:30 p.m. • STUDY SESSION > EXECUTIVE SESSION: The Tigard City Council will go into Executive Session under the provisions of ORS 192.660 (1) (d), (e), ez (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. > AGENDA REVIEW 7:30 D.m. 1. BUSINESS MEETING 1.1 Call to Order - City Council ez Local Contract Review Board 1.2 Roll Call i 1.3 Pledge of Allegiance - Girl Scout Troop No. 989 j 1.4 Council Communications/Liaison Reports 1.5 Call to Council and Staff for Non-Agenda Items 2. SPECIAL RECOGNITION - POLICE EMPLOYEE COMMENDATIONS • Chief Goodpaster 3. VISITOR'S AGENDA (Two Minutes or Less, Please) } 4. CONSENT AGENDA: These items are considered to be routine and may be enacted in one motion without separate discussion. Anyone may request that an item be removed by motion for discussion and separate action. Motion to: 4.1 Receive at File: Tentative Agenda 4.2 Approve CIS Urban Services Area Insurance Pool Membership with CIS - Resolution No. 97-5L) (Self-Insurance Pool) and Resolution No. 97-S I (Liability Risk-Sharing Pool) 4.3 Approve Washington County Intergovernmental Agreement --1997- 98 Waste Reduction Work Plan (Year 8) - Resolution No. 97•5-q 4.4 Approve City Attorney Contract COUNCIL AGENDA - DECEMBER 9, 1997 - PAGE 2 f r 4.5 Approve Budget Adjustment #9 - Building Security - Resolution No. 97- - a C~- 4.6 Authorize City Manager to Sign Documents on Behalf of the City of Tigard and Proceed With and Finalize Process for the Hickox Dedication/Donation of Greenway Land 4.7 Local Contract Review Board: Award Contract for Tigard Police Department Addition and Remodel to Woodburn Construction Company • Consent Agenda - Items Removed for Separate Discussion: Any items requested to be removed from the Consent Agenda for separate discussion wiU be considered immediately after the Council has voted on those items which do not need discussion. 5. SW NORTH DAKOTA UPDATE • Staff Report: City Engineer • Council Discussion • Council Motion: Direct Staff to proceed with the construction of traffic-control revisions to SW North Dakota Street 6. PUBLIC HEARING - SUPPLEMENTAL BUDGET To discuss a proposed supplemental budget for 1997/98. The first notice of the supplemental budget hearing published in The Tigard Times on Thursday, November 20, 1997. A copy of the proposed supplemental budget document may be inspected or obtained at Tigard City Hall between the hours of 8 a.m. and 5 p.m., Monday through Friday. a. Open Public Hearing. b. Declarations or Challenges C. Staff Report: Finance Director d. Public Testimony e. Staff Recommendations f. Council Questions g- Close Public Hearing It. Council Consideration: Resolution No. 97-53 1 COUNCIL AGENDA - DECEMBER 9, 1997 - PAGE 3 ,-3 7. PUBLIC HEARING (LEGISLATIVE) COMPREHENSIVE PLAN AMENDMENT (CPA) 97-0001/ZONE ORDINANCE AMENDMENT (ZOA) 97-0004 QUASI-JUDICIAL COMPREHENSIVE PLAN MAP AMENDMENT REVIEW CRITERIA REQUEST: Proposal to amend the adopted comprehensive plan text and zoning ordinance criteria for quasi-judicial plan map amendment. LOCATION: Citywide APPLICABLE REVIEW CRITERIA: Statewide Planning Goals 1, 2, and 12; Tigard Comprehensive Plan Policies 1.1.1 a., 2.1.1, 2.1.2, 2.1.3, 8.1.2 ZONE: n/a a. Open Public Hearing b. Declarations or Challenges C. Staff Report: Community Development Department d. Public Testimony: Proponents, Opponents e. Staff Recommendation f. Council Questions g. Close Public Hearing h. Council Consideration: Ordinance No. 97- 1:3 8. PUBLIC HEARING (LEGISLATIVE) ZONE ORDINANCE AMENDMENT (ZOA) 97-0005 DESIGN EVALUATION TEAM CODE AMENDMENTS REQUEST: Request to add code language to the Tigard Triangle design standards that provides a process for review of adjustments by a Design Evaluation Team. LOCATION: Generally, south of Highway 99W, west of 1-S, and north of Highway 217. APPLICABLE REVIEW CRITERIA: Statewide Planning Goals 1, 2; Tigard Comprehensive Plan Policies 1.1.1a., 2.1.1, 2.1.2, 2.1.3, 8.1.2, Community Development Code Chapters 18.30 and adopted design standards for the Tigard Triangle. ZONE: Commercial General (CG) and Mixed Use Employment (MUE) a. Open Public Hearing b. Declarations or Challenges C. Staff Report: Community Development Department d. Public Testimony: Proponents, Opponents e. Staff Recommendation f. Council Questions g. Close Public Hearing h. Council Consideration: Ordinance No. 97- 9. NON-AGENDA ITEMS COUNCIL AGENDA - DECEMBER 9, 1997 - PAGE 4 10. EXECUTIVE SESSION: The Tigard City Council will go into Executive Session under the provisions of ORS 192.660 (1) (d), (e), 8t (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 nctaing from this meeting may be disclosed by those present. Representatives of the news media are allowed to attend this f session, but must not disclose any information discussed during this session. 3 11. ADJOURNMENT i Aa d mica l by%cca1971209. d 0 c COUNCIL AGENDA - DECEMBER 9, 1997 - PAGE 5 Agenda Item 1No.-,-4, Meeting of f 11 ~5 TIGARD CITY COUNCIL i 0 'r MEETING MINUTES - DECEMBER 9, 1997 L • STUDY SESSION > Meeting was called to order at 6:34 p.m. by Council President Paul Hunt > Council Present: Council President Paul Hunt, Councilors Brian Moore, Bob Rohlf, and Ken Scheckla. Mayor Nicoli arrived during the Executive Session. > Staff Present: City Manager Bill Monahan; Community Development Director Jim Hendryx; Asst. to the City Manager Liz Newton; and City Recorder Catherine Wheatley. > Executive Session: The Tigard City Council went into Executive Session at 6:34 p.m. under the provisions of ORS 192.660 (1) (d), (e), & (h) to discuss labor relations, real property transactions, current and pending litigation issues. > Executive Session adjourned at 7:26 p.m. > Mayor Nicoli reconvened the study session. > Agenda Review Bill Monahan, City Manager, reported that staff received correspondence from Commissioner Linda Peters at Washington County in response to Mayor Nicoli's letter suggesting that the County purchase the Tiffany Court property as a County housing project. Commissioner Peters informed the Council that Community Partners for Affordable Housing has asked the County to partner with them to acquire this property. Commissioner Peters suggested that Tigard work with the Community Partners on this project and leave the County out of it. Mr. Monahan suggested telling the County that, while they agreed that Community Partners should be part of the project, the City was suggesting that the County purchase the property. The Council discussed what action to take. Mayor Nicoli pointed out that with the possibility of Federal agents seizing the property, they might be able to negotiate a fair price with the current owner. He suggested talking with Commissioner Roy Rogers regarding this situation. Mr. Monahan said that staff would find out what the status of the Federal action was, and draft a response letter for Council review. > Mayor Nicoli recessed the meeting at 7:35 p.m. 1. BUSINESS MEETING • Call to Order - City Council & Local Contract Review Board Mayor Nicoli called the business meeting to order at 7:39 p.m. Girl Scout Troop #989 led the Pledge of Allegiance. Mayor Nicoli and the Council presented the troop members with City of Tigard pins. • Council Communications/Liaison Reports CITY COUNCIL MEEITNG MINUTES - DECEMBER 9, 1997 - PAGE 1 -1 -1 > Councilor Moore wished his wife "Happy Birthday" and thanked her for her support. > Councilor Hunt reported that the meeting with City of Tualatin representatives, City of Tigard representatives, and the new owners of the Willamette & Pacific Railroad went very well. He said that the owners were cooperative and willing to work with the cities to achieve their mutual goal of removing one of the lines. In addition, they were amenable to allowing use of the former railroad bridge as a pedestrian crossing to connect Cook Park with the Tualatin Park across the Tualatin River. i > Councilor Rohlf thanked the staff and citizens involved in the tree lighting. He commented " that it caused him to reflect on how much fun it was to be part of a smaller community. • Call to Council and Staff for Non-Agenda Items: None. 2. 1 SPECIAL RECOGNITION - POLICE EMPLOYEE COMMENDATIONS r j Ron Goodpaster, Police Chief, explained the procedures by which officers were commended, the second highest recognition in the department. He read the commendation given to i Sergeant deSully, Officers Featherston, Heaukulani, LaFranchise, Newman, Ranum, Detectives Boothby and Fischer for their work in solving a string of robberies in the Tigard area. He read the commendation given to Sergeant Hal Merrill for his work in resolving a potential suicide situation. The Mayor and the Council thanked the police officers for their excellent work. j > Mayor Nicoli recessed the meeting at 7:46 p.m. > Mayor Nicoli reconvened the meeting at 7:58 p.m. 3. VISITOR'S AGENDA f Kenneth Waymire, 9005 SW Waverly Drive, spoke to the City maintaining street lights on private streets in subdivisions. Mr. Monahan mentioned that Council directed staff to return with a recommendation on the issue of private streets. He said that the staff interpretation in these situations was that those getting the benefit of the private street also had the responsibilities that went with it. Council has stated that they would not accept private streets unless they were brought up to Code. He explained that on private streets staff had no ability to i control where and how many street lights were put in. The Council agreed to discuss the issue of private streets at the January 21 workshop. Jim Hendryx, Community Development Director, stated that he wanted to review the record and the regulations prior to responding to Council questions. Councilor Moore asked if Mr. Waymire had contacted the homeowners regarding this issue. Mr. Waymire said no, he wanted to try to resolve the issue this way first. 4. CONSENT AGENDA j Councilor Hunt requested to pull Item 4.5. ! CITY COUNCIL MEEITNG MINUTES - DECEMBER 9, 1997 - PAGE 2 i f I 1 1 Motion by Councilor Rohlf, seconded by Councilor Hunt, to adopt Consent Agenda items 4.1 to 4.4,4.6, and 4.7 Motion was approved by unanimous voice vote of Council present. (Mayor Nicoli, Councilors Hunt, Moore, Rohlf and Scheckla voted "yes.") 4.1 Receive & File: Tentative Agenda 4.2 Approve CIS Urban Services Area Insurance Pool Membership with CIS - Resolution No. 97-50 (Self-Insurznce Pool) and Resolution No. 97- 51 (Liability Risk-Sharing Pool) 4.3 Approve Washington County Intergovernmental Agreement -1997-98 Waste Reduction Work Plan - Resolution No. 97-52 4.4 Approve City Attorney Contract 4.5 Approve Budget Adjustment #9 - Building Security - Resolution No. 97- (pulled for separate consideration.) 4.6 Authorize City Manager to Sign Documents on Behalf of the City of Tigard and Proceed With and Finalize Process for the Hickox Dedication/Donation of Greenway Land 4.7 Local Contract Review Board: Award Contract for Tigard Police Department Addition and Remodel to Woodburn Construction Company • Consent Agenda - Items Removed for Separate Discussion 4.5 Approve Budget Adjustment #9 -Building Security -Resolution No. 97- Councilor Hunt stated that, after reflection, he has decided to change his vote in favor of installing a security system to not installing a security system at this time. He mentioned the public facilities review currently underway and spoke to waiting until that committee made its recommendations. He argued against spending $80,000 on a security system for buildings whose current internal configuration and use could change based on the committee's recommendations. He said that he supported installing a security system but believed that they should wait until the facility space issue was settled. Councilor Rohlf concurred that this matter was better put at a different time in the cycle. Councilor Moore commented that he thought they had directed staff to look at further expansion of the system. Mr. Monahan explained that this resolution was for the budget authorization needed to get serious bid attention from vendors. It was a housekeeping measure to get the City into position to go to bid. Councilor Moore spoke in support of installing the system at this time, citing the City's responsibility to protect its employees. He commented that the system components could be reused in other locations. Councilor Rohlf said that, while he was not against installing a security system, statistics showed that people needed to be protected from relatives and friends more than they did from the public. He noted that there was no indication of a problem, and supported waiting until the facilities improvements were made. Councilor Scheckla spoke to allowing the Budget Committee to review this request. He mentioned that he has not heard employees say they were in dire need of a security system. He commented that this system would protect only those who worked in these buildings and did not cover those who worked offsite on streets, etc. CITY COUNCIL MEEITNG MINUTES - DECEMBER 9, 1997 - PAGE 3 L l J 1 I Mr. Monahan explained that the City took safety measures already for employees who worked + offsite. He noted that it appeared that Councilors Hunt and Scheckla both wanted to hold off on this decision but for different reasons. He pointed out that the security system was not only for employee protection but for facility and property protection also. I Mayor Nicoli asked if they had to appropriate the money in the budget before going out to bid. Mr. Monahan said that they were not required to do so but staff had felt actually having the money available would present a more serious intention on the City's part to potential bidders. The Council agreed by consensus to continue this resolution to a future work session for J further discussion. 5. SW NORTH DAKOTA UPDATE ~ Gus Duenas, City Engineer, reviewed the history of the SW North Dakota traffic control v project. He reported that staff bid out the project on October 19 per Council direction. Beming i Construction submitted the low bid of $18,118 for the traffic revisions (which was under the estimated $25,000). This did not include the two speed humps which would be done in-house. j He said that they were holding the contract in abeyance until they received direction from the { Council to proceed. t I Councilor Rohlf asked about installing a barricade instead of a diverter for the six month trial period. Mr. Duenas said that the extruded curb was actually easier to install than a barricade and could be easily removed or more permanently installed. !I ~ Councilor Hunt reiterated his objections to the traffic diverter, as it contradicted the City's stated intent to provide for greater connectivity in its streets. He said that with a diverter they could not know if the other traffic control measures by themselves would cut down traffic because the diverter by itself would reduce traffic. Councilor Scheckla concurred with Councilor Hunt. He commented that people all over the City would want these diverters which would constrict traffic movements. Motion by Councilor Moore, seconded by Councilor Rohlf, to direct to proceed with the , construction of traffic-control revisions to SW North Dakota Street. i ' Motion was approved by majority voice vote of Council present. (Mayor Nicoli, Councilors Moore, and Rohlf voted "yes." Councilors Hunt and Scheckla voted "no.") i 6. PUBLIC HEARING - SUPPLEMENTAL BUDGET To discuss a proposed supplemental budget for 1997/98. The first notice of the supplemental budget hearing published in the Tigard Times on Thursday, November 20, 1997. i a. Mayor Nicoli opened the public hearing. b. Declarations or Challenges: None c. Staff Report: 1 i CITY COUNCIL MEEITNG MINUTES - DECEMBER 9, 1997 - PAGE 4 - 1 li Wayne Lowry, Finance Director, explained that this supplementary budget provided the authorization to make the settlement payment for the Dolan case and to allow the City Manager to order that the payment be made. He recommended approval d. Public Testimony: None e. Council Questions: None f. Mayor Nicoli closed the public hearing g. Council Deliberation: Resolution No. 97-53 Motion by Councilor Scheckla, seconded by Councilor Hunt, to adopt Resolution No. 97- ! 53. 4 The City Recorder read the number and title of the resolution. RESOLUTION NO. 97-53, A RESOLUTION ADOPTING A SUPPLEMENTAL BUDGET FOR THE 1997-98 FISCAL YEAR. " h Motion was approved by unanimous voice vote of Council present. (Mayor Nicoli, Councilors Hunt, Moore, Rohlf and Scheckla voted "yes.") I 7. PUBLIC HEARING (LEGISLATIVE) COMPREHENSIVE PLAN AMENDMENT a I (CPA) 97-0001/ZONE ORDINANCE AMENDMENT (ZOA) 97-0004 QUASI-JUDICIAL COMPREHENSIVE PLAN MAP AMENDMENT REVIEW CRITERIA REQUEST: Proposal to amend the adopted comprehensive plan text and zoning f ordinance criteria for quasi-judicial plan map amendment. LOCATION: Citywide _ APPLICABLE REVIEW CRITERIA: Statewide Planning Goals 1, 2, and 12; Tigard Comprehensive Plan Policies l.l.l.a., 2.1.1, 2.1.2, 2.1.3, 8.1.2 ZONE: n/a a. Mayor Nicoli opened the public hearing. b. Declarations or Challenges: None c. Staff Report Laurie Nicholson, Associate Planner, reviewed briefly the history of the plan amendment. She explained that the staff has added language to clarify what "changes" could justify a plan amendment. The current criteria was a change was allowed if it was consistent with applicable plan policy, if there was a change in physical circumstances, or the applicant l could demonstrate that a mistake had been made in the original land use definition. Ms. Nicholson said that the new language added "if there was a change in adopted City of Tigard land use or transportation policy or in regional land use or transportation planning policy or the applicant can demonstrate that the proposed change can meet a community need." In addition, the proposed change could have no significant negative impacts on planned or existing public infrastructure. She recommended approval. Councilor Scheckla asked if this was discussed at the CIT meetings. Mr. Monahan and Ms. Newton reviewed the CIT notification process. Ms. Newton explained that the CITs did not choose to place this item on their agendas for further discussion. d. Public Testimony: None ' e. Council Questions: None f. Mayor Nicoli closed the public hearing CITY COUNCIL MEEITNG MINUTES - DECEMBER 9, 1997 - PAGE 5 j i g. Council Consideration Motion by Councilor Hunt, seconded by Councilor Moore, to direct staff to initiate the legislative change. Motion was approved by majority voice vote of Council present. (Mayor Nicoli, Councilors Hunt, and Moore voted "yes." Councilors Rohlf and Scheckla voted "no.") 8. PUBLIC HEARING (LEGISLATIVE) ZONE ORDINANCE AMENDMENT (ZOA) 97- 0005 DESIGN EVALUATION TEAM CODE AMENDMENTS j REQUEST: Request to add code language to the Tigard Triangle design standards that provides a process for review of adjustments by a Design Evaluation Team LOCATION: t Generally, south of Highway 99W, west of 1-5, and north of Highway 217 APPLICABLE REVIEW CRITERIA: Statewide Planning Goals 1, 2; Tigard Comprehensive Plan roiicies i.i.i.a., 2.i.i, 2.i.2, 2.1.3, 8.1.2 ZONE: Commercial General (CG) and Mixed Use Employment (MUE) a. Mayor Nicoli opened the public hearing. b. Declarations or Challenges: None c. Staff Report i Mr. Hendryx briefly reviewed the history of this item. He mentioned that staff has worked diligently with property owners and interests in the Triangle to develop the proposal before the Council. .ti.i Nadine Smith, Senior Planner, referenced the earlier workshop in which she reviewed this item in detail for the Council. She said that the process would provide a peer review for projects requesting an adjustment to the design standards of the Triangle. The Design Evaluation Team would be comprised of professionals who were architects, landscape architects, or civil engineers. Ms. Smith noted the comparison of the existing system with the proposed system as depicted in Figure 1. She mentioned that they worked with the property owners and the City Attorney to arrive at the specific language. She said that the Planning Commission recommended approval with minor changes, and that the City Attorney made some minor i changes following the Planning Commission review. 1 d. Public Testimony Michael Robinson supported the Planning Commission recommendation. He noted how well staff worked with all interested parties. e. Staff Recommendation: Ms. Smith recommended approval. f. Council Questions: Councilor Hunt raised the issue of who appointed the Design Evaluation Team members. He disagreed with leaving it to the mayor, pointing out that they might not always have a mayor with Mayor Nicoli's expertise in this area. Mayor Nicoli agreed. He suggested using the same process they used for Board appointments. Mr. Monahan suggested a three member team made up of the mayor, a city councilor, and a staff person to make a I CITY COUNCIL MEEITNG MINUTES - DECEMBER 9, 1997 - PAGE 6 i f i r i 1 t J recommendation to Council. Councilor Hunt suggested approving the request with the provision that staff return next week with a proposal on how to appoint the team members. Councilor Scheckla asked how a citizen could propose adjustments outside the Design Evaluation Team process. He asked what happened if the Planning Commission overruled part of the Team's recommendation. Ms. Smith explained that the recommendation went before the Planning Commission in a public hearing format. The Planning Commission's decision could be appealed like any other land use situation. g. Mayor Nicoli closed the public hearing h. Council Deliberation: Ordinance No. 97-13 Motion by Councilor Hunt, seconded by Councilor Rohlf, for the adoption of Ordinance No. 97-13 with the provision that staff bring back a recommendation on the process for appointing members. The City Recorder read the number and title of the ordinance. ORDINANCE NO. 97-13, AN ORDINANCE ADDING A DESIGN EVALUATION TEAM TO PROVIDE REVIEW FOR ADJUSTMENTS TO THE DESIGN STANDARDS WITHIN THE TIGARD TRIANGLE AND DECLARING AN EMERGENCY. Motion was approved by unanimous roll call vote of Council present. (Mayor Nicoli, Councilors Hunt, Moore, Rohlf and Scheckla voted "yes.") j 9. NON AGENDA ITEMS: None. > Mayor Nicoli adjourned the business meeting at 8:50 p.m. 10. EXECUTIVE SESSION: The Tigard City Council went into Executive Session at 9:00 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. 11. ADJOURNMENT: 10:30 p.m. Attes . Date: Catherine Wheatley, City Recorder ayor, City of Tigard (1/-x 141y 604 - CITY COUNCIL MEEITNG MINUTES - DECEMBER 9, 1997 - PAGE 7 ..e►~o■ tw/tTV IS\A/GTt"\A 1961]c tPll~ kRUIVIIVItVIVI t 1 NEVVJr-MF-L_" nrv. Legal P.O. BOX 370 PHONE (503) 6640360 Notice TT 8991 BEAVERTON. OREGON 97075 Legal Notice Advertising R E C E I V E *City of Tigard • El Tearsheet Notice DEC 0 8 1997 13125 Sig Hall Blvd. •Tigard,Oregon 97223 • ❑ Duplicate Affidavit f *Accounts Payable 1 i AFFIDAVIT OF PUBLICATION 3!3 STATE OF OREGON, ) COUNTY OF WASHINGTON, )ss. I,- Nathvnyder being first duly sworn, depose and say that I am the Advertising viieCtor, or i 3 prinC7iptti cI1 o _-rl ~_f th.-Tiaar(I -Tualatin Ti mes . ! a newspaper of general circulation as defined in ORS 193.010 and 193.020; published at Tigard _ in the aforesaid county and state; that the -City Co nri 1 Ru$i nPSC rle-et-inq- 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: I December 4,1997 f{I `ue) December 9,1997 - 6:30 P.M. TIGARD CITY HALL- TOWN HALL 3 13125 S.W. HALL BOULEVARD, TIGARD, OREGON 6 Study Meeting - 6:30 p.m. [ Executive Session ! Agenda Review Business Meeting - 7:30 p.m. Special Recognition: • Police Employee Commendations Local Contract Review Board: _ Award Contract-Tigard Police Department Addition and Remodel Public Hearings: • Supplemental Budget Comprehensive Plan Amendment Review Criteria • Tigard Triangle Design Evaluation Team Code Amendments 7178991 = Publish December 4, 1997. Subscribed and sworn to fore me this4tb day of_p e-mber, 1997 OFFICIAL SEAL a ROBIN A. BURGESS Nota ublic for Oregon NOTARY PUBLIC-OREGON *COMMISSION NO. 062071 My Commission Expires: MY COMMISSION EXPIRES MAY 16, 2001 AFFIDAVIT - 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 639-4171. CITY COUNCIL BUSINESS MEETING ~ COMMUNITY NEWSPAPERS, INC. Legal P.O. BOX 370 PHONE (503) 684-0360 Notice TT 8985 . BEAVERTON. OREGON 97075 - Legal Notice Advertising e *City of Tigard • ❑ Tearsheet Notice G 13125 SW Hall Blvd. , 'Tigard,Oregon 97223 ' ❑ Duplicate Affidavit _I 'Accounts Payable ' AFFIDAVIT OF PUBLICATION STATE OF OREGON, )as ss . . COUNTY OF WASHINGTON, ) - (TL Tathv _filLyl~,2_r_ being first duly sworn, depose and say that I am the Advertisingg Director, or his principal clerk, of theagard-Tualati=n 7.',imes a newspaper of general circulation as defined in ORS 193.010 and 193.020; published at_si~gass~- in the ; aforesaid county and state; that the P~T?QS~c1-~L}-1zP~~rn~n_i<0.1~?s3g0~- i a printed copy of which is hereto annexed, was published in the entire issue of said newspaper for QUE _successive and consecutive in the following issues: November 27,1997 b f N ovem 7th day o Subscribed and sworn before me this IAL SEAL R. BUROE88 fNOTA:FRYPUBLIC-OREGON 4 for Oregon COMN NO. 062071 NoXPublic 2001 IRES MAY 16 EX . P MMIS My Commission Expires: AFFIDAVIT - PUBLIC HEARING The City of Tigard City Council will hold a public hearing on Tuesday, December 9, 1997, beginning at 7:30 P.M., to discuss a proposed sup- plemental budget. The supplemental budget recognizes greater than an- ticipated beginning fund balance in the general fund and appropriates the 1 increased resource in the general capital projects program. The first notice i and supplemental budget summary was published in the Tigard Times the week of November 20, 1997. The meeting will be held in the Town Hall room at Tigard City Hall, 13125 SW Hall Blvd. A copy of the proposed supplemental budget may be inspected at Tigard City Hall from 8:00 a.m. to 5:00 p.m., Monday through Friday. TT8985-Publish November 27, 1997. _ . _ . I{I -.i i i I 1 COMMUNITY NEWSPAPERS INC. , Leal P.O. BOX 370 PHONE (503) 684-0360 Notice TT 89 f 76 f BEAVERTON, OREGON 97075 RECEIVED Legal Notice Advertising E` IIII r" y7 Nnv 2 6 1997 *Ci 7 i ty of Tigard s ❑ Tearsheet Notice 13125 S17 Hall Blvd. I i °Tigard,Oregon 97223 ° ❑ Duplicate Affidavit j *Accounts Payable • I AFFIDAVIT OF PUBLICATION I STATE OF OREGON, ' COUNTY OF WASHINGTON, ass. I, x,th_y Cnyr1er _ being first duly sworn, depose and sayy that I am the Advertising Director, or his principal clerk, of the. igard-Tualatin Times . E a newspaper of general circulation as defined in ORS 193.010 and 193.020; published at Tiaar-d in the aforesaid county and state; that the Heitxi-1>_ SstP.iZT~ ~en~~l Buclcle_1~9Z12$ a printed copy of which is hereto annexed, was published in the a entire issue of said newspaper for__Qllu_successive and a consecutive in the following issues: Novpmhpr 28..1997 _ '.1 Subscribed and sworn It "e e me this2llth fla of r.Tnvpmber, 1997 1 j OFFICIAL SEAL No ry Public for Oregon ROBIN A. BURGESS % NOTARY PUBLIC-OREGON My Commission Expires: COMMISSION NO. 062071 - ~ My COMMISSION EXPIRES MAY 16.2001 AFFIDAVIT The City of Tigard City Council will hold a public hearing Proposed supplemental budget for the 1997/98 fiscal ear ill b h ' y . w e meeting e held on 1Lesday, December 9, 1997, at Tigard City Hall, 13125 SW Hall Blvd. in the Town Hall f room and will begin at 7:30 p.m. A copy of the proposed supplemental budget may be inspected at Tigard City Hall from 8 a.m to 5 m M . p. onday through Friday beginning on Monday, November 24, 1997. (General Fund Resource Requirement Beginning Fund General Capital Balanc e $1,500,000 Improvements $1,500,000 TT8976 -Publish November 20, 1997. i 1 i COMMUNITY NEWSPAPERS, Il 77 P.O. BOX 370 PHONE (503) 684-0360 7i BEAVERTON, OREGON 97075 Legal Notice Advertising A *City of Tigard 13125 S11 Iiall Blvd. I •Tigard,Oregon 97223 a 'Accounts Payable AFFIDAVIT OF PUBLICATION STATE OF OREGON, )ss COUNTY OF WASHINGTON, ) I, F<s? t y-S_ ysl-e r being first duly sworn, depose and say that 1 am the Advertising Director, or his principal clerk, of theT_kgard-Tualatin T3,.mes a newspaper of general circulation as defined in ORS 193.010 and 193.020; published at T; ga rd -in the aforesaid county and state; that the IIearitlcr-Ar1~nd .Comp. Plan a printed copy of which is hereto annexed, was published in the entire issue of said newspaper for_QIIF successive and consecutive in the following issues: _I9_v_g~t~e r 2~_1 ~ 9 7 3 1 • ❑ Tearsheet Notice • ❑ Duplicate Affidavit 0 Subscribed and sworn to efore me thi vv oftiovember. 1 Notqfy Public for Oregon My Commission Expires: AFFIDAVIT . - The following will be considered by the Tigard day, December 9, 1997 at 7:30 P.M., at the Tig Hall Room, 13125 SW Hall Blvd., Tigard, Oreg written testimony is invited. The public hearing o ducted in accordance with the rules of Chap Municipal Code and rules and procedures of the raise an issue in person or by letter at some point hearing on the request or failure to provide state cient to afford the decisionmaker an opportunit prior to the close of the hearing on the request, p Land Use Board of Appeals based on that issue. be obtained from the Planning Division at 131 Oregon 97223, or by calling 639-4171. PUBLIC HEARINGS: COMPREHENSIVE PLAN AMENDME ZONE ORDINANCE AMENDMENT QUASI-JUDICIAL COMPREHENS( AMENDMENT REVIEW CRI REQUEST: Proposal to amend the adopted com zoning ordinance criteria for quasi-judicial plan TION: Citywide. APPLICABLE REVIEW Planning Goals 1, 2, and 12; Tigard Comprehen. 2.1.1; 2.1.2, 2.1.3, 8.1.2. ZONE: n/a. TT8978 - Publish November 27, 1997. 997 OFFICIAL SEAL ROBIN A. BURGESS 0 NOTARY PUBLIC-OREGON COMMISSION NO. 062071 MY COMMISSION EXPIRES MAY 16, 2001 City Council on'tes- and Civic Center-Town on. Both public oral and n this matter will be con- er 18.32 of the Tigard ' City Council. Failure to prior to the close of the ments or evidence suffi- y to respond to the.issue recludes an appeal to the Further information may. SW Hall Blvd., Tigard, NT (CPA) 97-0001/ (ZOA) 97-0004 TE~ MAP prehensive plan text and 1 ap amendment. LOCA- t CRITERIA: Statewide ive Plan Policies 1.1.1a, 1 t 25 V m g I COMMUNITY NEWSPAPERS, INC. l ~ Lega P.O. BOX 370 PHONE (503) 684-0360 Notice TT 8979 . 1 _ BEAVERTON, OREGON 97075 Legal Notice Advertising ; j • ❑ Tearsheet Notice City of Tigard A 13125 Si] Hall 131vd, • ❑ `1Pigard,Oregon 97223 Duplicate Affidavit f i ' 3 + •Accounts Payable AFFIDAVIT OF PUBLICATION STATE OF OREGON, ) ss . COUNTY OF WASHINGTON, ) III 1 _ 1'athy_ Rny 7nr j being first duly sworn, depose and say that I am the Advertising Director, or his principal clerk, of tha?gard-Tualatin Dimes a newspaper of general circulation as defined in ORS 193.010 j and 193.020; published at Ti card- _ in the aforesaid county and state; that the - ! Hea riIn an Amend aryl Triangles_ a printed copy of which is hereto annexed, was published in the entire issue of said newspaper for OUR successive and consecutive in the following issues: 1 a iovember 27,1997 - j 1 Subscribed and sworn before me this 27th day of November 1997 OFFICIAL SEAL / ' ~ _ ROBIN A. BURGESS 0 NOTARY PUBLIC-OREGON blic for Ore on P N t& g u o y COMMISSION NO. 062071 J My Commission Expires: MY COMMISSION EXPIRES MAY 16, 2001 %j AFFIDAVIT The following will be considered by the Tigard City Council on Tues- day, December 9, 1997 at 7:30 P.M., at the Tigard Civic Center - Town 13125 SW Hall Blvd., Tigard, Oregon. Both public oral and Hall Room , written testimony is invited. The public hearing on this matter will be con- ducted in accordance with the rules of Chupter 18.32 of the Tigard i 1 Municipal Code and rules and procedures of the City Council. Failure to raise an issue in person or by letter at some point prior to the close of the hearing on the request or failure to provide statements or evidence suffi- 3 cient to afford the decisionmaker an opportunity to respond to the issue 1 prior% the close of the hearing on the request, precludes an appeal to the I Land Use Board of Appeals based on that issue. Further information may j be obtained from the Planning Division at 13125 SW Hall Blvd., Tigard, i Oregon 97223, or by calling 639-4171. j PUBLIC HEARINGS: ZONE ORDINANCE AMENDMENT (ZOA) 97.0005 DESIGN EVALUATION TEAM CODE AMENDMENTS i j REQUEST: Request to add code language to the Tigard Triangle design standards that provides a process for review of adjustments by a Design " Evaluation Team. LOCATION: Generally south of Highway 99W, west of I-5, and north of Highway 217. APPLICABLE REVIEW CRITERIA: Statewide Planning Goals 1, 2; Tigard Comprehensive Plan Policies l.l.la, 2.1.1, 2.1.2, 2.1.3, 8.1.2; Community Development Code Chapters 18.30 and adopted design standards for the Tigard Triangle. ZONE: Commercial General (CG) and Mixed Use Employment (MUE). T78979 - Publish November 27, 1997. ~I 1 CITY OF TIGARD, OREGON AFFIDAVIT OF POSTING I In the Matter of the Proposed STATE OF OREGON ) County of Washington ) ss. City of Tigard ) I I, begin first duly sworn, on oath, depose any: That I posted in the following public and conspicuous places, a copy of Ordinance Number (s) Q -1 - ( which were adopted at the Council Meeting dated °1 ~ C -1 copy(s) of said ordinance(s) being hereto attached and by reference made a part hereof, on the _ I C~- day of ~ ~1 , 19 q- 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 0 Subscribed and sworn to before me this r ` day of G 1~ u iti1 , 19 q 1 _ f;CE' 111. MAsentRTIN CO N NIE Notary Public for Oregon NOTARY PUBLIC OREGON COMMISSIONNO 055532 Expires: 20 u MV COMMISSION EXPIRES JULY 07, 2000 My Commission --1 WHEREAS, the applicant City of Tigard has requested approval of legislative Text Amendments within the area known as the Tigard Triangle. Specifically, the request provides a process to allow review by a Design Evaluation Team of requests for adjustment to the design standards within the Tigard Triangle. WHEREAS, the City Council conducted a public hearing specifically on the zoning amendments on the i Design Evaluation Team process at its meeting of December 9, 1997. NOW, THEREFORE, THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: The proposed amendments are consistent with all relevant criteria based upon the facts, findings and conclusions noted in the attached final order (Exhibit A); SECTION 2: The specific text amendments attached to this Ordinance are hereby adopted and approved by the City Council. _ SECTION 3: The City Council declares that an emergency exists because development requests have been on hold throughout a lengthy process as development standards have been developed. The property owners in the area have begin awaiting the availability of this process. PASSED: By U/1CC(11l17xt1&ote of all Council members present after being read by number and f' title only~l' day of 1997. 6y1e-'Zj tie Gl~ i Catherine Wheatley, City Reco r " CITY OF TIGARD, OREGON ORDINANCE NO.97- 3 AN ORDINANCE ADDING A DESIGN EVALUATION TEAM TO PROVIDE REVIEW FOR ADJUSTMENTS TO THE DESIGN STANDARDS WITHIN THE TIGARD TRIANGLE AND DECLARING AN EMERGENCY. APPROVED: Approved as to form: ORDINANCE No. 97-L3 33 Page 1 By Tigard City Council this day o I, es Nicoli, Mayor i ! T2tti~~. ~ ~7 j City Attomey f / Z/9A~ Date -1 to p«I i R cLAu 1~1 v. ~(-1 13 CITY OF TIGARD CITY COUNCIL FINAL ORDER TIGARD TRIANGLE DESIGN EVALUATION TEAM PROCESS A FINAL ORDER INCLUDING FINDINGS AND CONCLUSIONS WITH REGARD TO AN APPLICATION FOR AMENDMENT TO THE DEVELOPMENT CODE TO ADOPT DESIGN EVALUATION TEAM PROCESS FOR AN AREA KNOWN AS THE "TIGARD TRIANGLE". i A. FACTS G i 1. General Information I CASE: FILE NAM QUIGN EVALUATION TEAM -TIGARD TRIANGLE Zoning Ordinance Amendment: ZOA 97-0005 REQUEST: Request to add code language to the Tigard Triangle design standards that provides a process for review of adjustments by a Design Evaluation Team. APPLICANT: City of Tigard 13125 SW Hall Boulevard Tigard, OR 97223 OWNERS: Various LOCATION: Generally, east of Highway 217, west of Interstate 5, and south of State f Highway 99 West 2. Vicinity The affected parcels are within the area known as the Tigard Triangle. The area is generally bordered by Interstate 5 to the east, Highway 217 to the west and Highway 99W to the north. j 3. Background Information f I On March 11, 1997, City Council approved design standards for the Tigard Triangle that j incorporate specific requirements for development within the Triangle. After several E meetings with Council it was determined that City Council wanted to retain the standards and good design in the Triangle, but wished to allow flexibility on how this was achieved. To add flexibility to the standards while assuring good design, staff was directed by City Council to create a new process that provides an optional adjustment procedure that includes a new Design Evaluation Team. On November 17, 1997, the Planning J Commission held a public hearing on the proposal and recommended approval. City i Council held a public hearing on the proposal and approved it on December 9, 1997. 4. Site Information an 1 I~ i L-; The site is approximately 340 acres in size. The proposed land use action includes amendments to the Development Code to include an optional adjustment process using a Design Evaluation Team for the Tigard Triangle. B. FINDINGS AND CONCLUSIONS The relevant criteria in this case are Statewide Goals 1, 2,. Comprehensive Plan Policies 1.1.1a, 2.1.1, 2.1.2, 2.1.3, 8.1.2, and Community Development Code Chapter 18.30 and adopted design standards for the Tigard Triangle. STATEWIDE GOALS 1. Citizen Involvement: Goal 1 requires a citizen involvement program that ensures the opportunity for citizens to be Involved in the planning process. Tigard Comprehensive Plan Policy 2.1.1 and Tigard Community Development Code Chapter 18 provide for citizen participation and notice. Notice of the Planning Commission and City Council hearings and opportunity for response was advertised in the local newspaper and request for comments were sent to all CITs and Department of Land Conservation and Development. The proposals were subject to a public hearing before the city council which included citizen testimony. That testimony was considered in reaching a final decision. This goal is satisfied. 2. Land Use Planning: Goal 2 requires that land use plans must be the basis for specific implementation measures and that those measures must be consistent with and adequate to carry out the plans. Adoption of implementation measures is provided for under Goal 2 and ORS 197. The proposed ordinance requirements fine-tune existing adopted and acknowledged ordinance requirements. COMPLIANCE WITH COMPREHENSIVE PLAN POLICIES 3. 1.1.1a. - This policy requires that legislative changes are consistent with statewide planning goals and the regional development plan. The findings above address statewide goals. Metro was sent a request for comments and had earlier commented in a letter that they recommended approval. This policy is satisfied. 4. 2.1.1 - This policy requires an ongoing citizen involvement process. A request for comments was sent to the East Citizen Involvement Team and was legally advertised. This policy is satisfied. 5. 2.1.2 - This policy requires the opportunity for citizen involvement on planning efforts through the CIT process. The CIT notification process has been followed for this zoning ordinance amendment request. This policy is satisfied. 6. 2.1.3 - This policy requires that information on issues be available. The staff report and findings, and proposed ordinance have been available for review since November 5, 1997. This policy is satisfied. 7. 8.1.2 - This policy requires that the City coordinate with other local, state and federal jurisdictions. The City has requested comments from all appropriate agencies. Metro has sent a letter of support. No other agencies have commented in writing on the specific proposals. This policy is satisfied. 2 1 m COMPLIANCE WITH COMMUNITY DEVELOPMENT CODE SECTIONS: Desian Standards: The proposal to modify the standards to allow flexibility under specific circumstances will continue to meet the goals and intent for development of the Triangle in that it provides flexibility while still requiring excellent design treatment within the Triangle. The public process would remain much the same as exists today In that the applicant is still required to hold a neighborhood meeting and the City will still hold a public hearing on the proposal. Procedure for Decision Making: Legislative: Chapter 18.30 establishes procedures for consideration of legislative changes to the provisions of the Comprehensive Plan, implementing ordinances and maps. Section 18.30.120 lists the factors upon which the Planning Commission and City Council shall base their decisions. I 8. The statewide planning goals and guidelines adopted under Oregon Revised i Statutes Chapter 197. The applicable goals are addressed in these findings E 9. Any federal or state statutes or guidelines found applicable. No other federal or state standards or guidelines are applicable to this application 10. Applicable plans and guidelines adopted by the Metropolitan Service District. Metro has stated by letter that the proposed adjustment process is appropriate. 11. The applicable comprehensive plan policies and map. These standards are addressed under "Compliance with Comprehensive Plan Policies." 12. The applicable provisions of the implementing ordinances. Having followed the appropriate procedures and addressed the criteria necessary for legislative amendments to the development code, the proposed design standards are consistent with the requirements of implementing ordinances. C. DECISION The City Council APPROVES the amendments to ZOA 97-0005. EXHIBIT , 18.620.090 Design Evaluation A. F=ose• It is recognized that the above design standards are to assist in upgrading and providing consistency to development within the Tigard Triangle. It is recognized that different designs may be used to meet the intent of the standards and purpose statements of the Tigard Triangle Design Standards. With this in mind, applicants for development in the Tigard Triangle may choose to submit proposed projects which demonstrate compliance with the design standards or to request j adjustments from the Triangle design standards and submit design plans for review and recommendation by a City Design Evaluation Team. This option allows applicants to propose alternative designs to the Tigard Triangle Design Standards that are consistent with the purpose of the standards. When a structure which has nonconforming elements is partially or totally damaged by fire or other causes beyond the control of the owner, the structure may be rebuilt using the same I structure footprint without receiving an adjustment from design standards. i B. D esinn Evaluation Team (DET). Evaluation of the adjustment to allow an alternative I i design is made by a three person professional design team contracted by the City for professional design review. The DET shall consist of design professionals with experience in architecture, landscape architecture and civil engineering. This team is charged with balancing the purpose statements, goals and standards of the Tigard Triangle Design process with the alternative proposal submitted by the applicants. The DET shall accept design proposals that vary from any of the ! Triangle Design Standards. This process is to be applied only to the Tigard Triangle Design Standards. Applicants must comply with all other development code I standards according to the regular development review requirements of Title 18 of the City code. The DET will prepare a report outlining conditions and recommendations in response to the applicant's proposal(s) for submission to the i Planning Commission within 30 days of meeting on the proposal. C. Approval Criteria For guidance in evaluating the purpose of the design standards, the DET shall refer to Planning Director's Interpretation that provides purpose statements for the J Tigard Triangle design standards. Ail adjustments to allow an alternative design are subject to the following criteria: f 1. Granting the adjustment will continue to meet the purpose of the standard(s) to be modified in an acceptable alternative manner; and 2. The proposal will not significantly detract from the livability or appearance of an area and the proposal will be consistent with the desired character of the area; and i i 1 L 3. If more than one adjustment is being requested, the cumulative effect of the adjustments as well as each individual adjustment results in a project which is still consistent with the overall purpose, goals and standards of the zone; and 4. Granting the adjustment is the minimum necessary to allow the proposed use of the site; and any impacts resulting from the adjustment are mitigated to the extent practical. D. Review Process. The following steps must be followed by applicants to gain Design Evaluation Review: 1. Applicants choosing the Design Evaluation process must submit a Design Evaluation and Adjustment request according to a list of requirements provided by the Director; 2. Members of the Design Evaluation Team are available to meet with applicants as part of the preapplication process, however, applicants shall pay for the entire cost of the review of the Design Evaluation Team. A deposit of $1,000 shall be paid upon application. The applicant will be billed for any additional cost. The DET report shall not be issued until all costs are paid. No request for design evaluation review using the alternative design will be accepted until all costs are paid in full; 3. The applicant will receive a review date for a DET work session which shall be within 30 days of Step 2 above. No public notification is required although the review session is open to the public. The review is designed to allow the applicant to present and explain design intent and adjustment proposals to the Design Evaluation Team. This is not intended to be a public hearing and no public testimony will be taken. 4. Upon completion of the DET review and payment of all costs, the DET will forward a report and recommendations to the Director and the applicant within 30 days of meeting on the proposal. At the request of the applicant, this time period may be extended. 5. The applicant may proceed to schedule and hold a pre-application neighborhood meeting with the adjacent property owners at any time during this process according to the provision provided by the Director at the Development Review pre-application conference required by Chapter 18.32.040. It is recommended that the development design to be reviewed at the pre-application neighborhood meeting include the recommendations of the DET; 6. Upon completion of the neighborhood meeting requirements and receipt of the DET report, applicants may proceed to file the appropriate development application according to the provisions of Title 18 of the Municipal Code. Said application shall include the recommendations of the DET. 7. Review of a DET recommended plan and/or conditions shall be made part of the staff report prepared by the Planning Director and shall be made available at a public hearing before the Planning Commission according to the provisions of 18.32; 8. The Planning Commission may approve, approve with conditions or deny the development application considering the DET recommendation and evaluating the development and the design plan to ensure consistency with the Tigard Triangle I Design Standards. Approval of the Planning Commission must also be based on compliance of the development plan with all other development code requirements I governing the application. i I:LLRPLNVJADINEITRLA 1CLEIDESEVALCOE 0 AGENDA ITEM NO. 3 - VISITOR'S AGENDA DATE : December 9, 1997 (Limited to 2 minutes or less, please) Please sign on the appropriate sheet for listed agenda items. The Council wishes to hear from you on other issues not on the agenda, but asks that you first try to resolve your concerns through staff. Please contact the City Administrator prior to the start of the meeting. Thank you. Depending on the number of person wishing to testify, the Chair of the Council may limit the amount of 'me each person has to speak. We ask you to limit your oral comments to 3 - 5 minutes. The Chair may further limit time if necessary. Written comments are always appreciated by the Council to supplement oral testimony. i AGENDA ITEM NO. 6 DATE: December 9, 19997 PUBLIC HEARING - SUPPLEMENTAL BUDGET To discuss a proposed supplemental budget for 1997/98. The first notice of the supplemental budget hearing published in The Tigard Times on Thursday, November 20, 1997. A copy of the proposed supplemental budget document may be inspected or obtained at Tigard City Hall between the hours of 8 a.m. and 5 p.m., Monday through Friday. PLEASE SIGN IN TO TESTIFY ON THE ATTACHED SHEETS 1 3 J , I 1 r --]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. 7 DATE: December 9, 1997 PUBLIC HEARING (LEGISLATIVE) COMPREHENSIVE PLAN AMENDMENT (CPA) 97-WO1/ZONE ORDINANCE AMENDMENT (ZOA) 97-0001 QUASI-JUDICIAL COMPREHENSIVE PLAN MAP F ' AMENDMENT REVIEW CRITERIA REQUEST: Proposal to amend the adopted comprehensive plan text and zoning ordinance criteria for quasi-judicial plan map amendment. LOCATION: Citywide APPLICABLE REVIEW CRITERIA: I~ Statewide Planning Goals 1, 2, and 12; Tigard Comprehensive Plan Policies 1.1.1 a., 2.1.1, 2.1.2, 2.1.3, I 8.1.2 ZONE: n/a i PLEASE SIGN IN TO TESTIFY ON THE ATTACHED SHEETS AGENDA ITEM NO. 7 PLEASE PRINT Proponent - tb in ravur) 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. 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. 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. s --Qepending on the number of person wishing to testify, the Chair of the Council may limit the amount of ch h limi me ea person as to speak. Wa as k you to t your oral comments to 3 - 5 mmutes. The Chau may further limit time if necessary. Written comments are always appreciated by the Council to supplement oral testimony. AGENDA ITEM NO. 8 DATE: December 9, 1997 i PUBLIC HEARING (LEGISLATIVE) ZONE ORDINANCE AMENDMENT (ZOA) 97-0005 DESIGN EVALUATION TEAM CODE AMENDMENTS REQUEST: Request to add code language to the Tigard Triangle design standards that provides a process for review of adjustments by a Design Evaluation Team. LOCATION: Generally, south of Highway 99W, west of I-5, and north of Highway 217. APPLICABLE REVIEW CRITERIA: Statewide Planning Goals 1, 2; Tigard Comprehensive Plan Policies 1.1.1a., 2.1.1, 2.1.2, 2.1.3, 8.1.2, Community Development Code Chapters 18.30 and adopted design standards for the Tigard Triangle. ZONE: Commercial General (CG) and Mixed Use Employment (MUE) PLEASE SIGN IN TO TESTIFY ON THE ATTACHED SHEETS I I _AGENDA rMM NO. 8 PLEASE PRINT rw..._.._.,_a ~C......1.:.... T- C........1 (lnnnnant _ /Cnaakina Aaninctl Name, Address and Phone No. ~IGCI `i6V ~iF_h~ `5U17 E' ~ yc-c. /'c~-rnrv D, oF- ~».c~l • I ZGO ^T9 -'l l ~t4 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. Name, Address and Phone No. Name, Address and Phone No. l 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. Name, Address and Phone No. Name, Address and Phone No. Name, Address and Phone No. i WASHINGTON COUNTY, DEC OREGON k t~ JL~ ty) December 4, 1997 The Honorable Jim Nicoli, Mayor City of Tigard 13125 SW Hall Blvd. i Tigard, Oregon. 97223 1 ~ " ` 1 Dear Hono a M•ayor Nicoli; Thank you for your letter of November 18th regarding support of efforts by Washington County to i acquire the Tiffany Court Apartments in Tigard. The County's Housing Department is a full service agency which develops, acquires, owns and manages a variety of properties throughout Washington County. One of the county's goals is to maintain the supply of affordable housing. The county is interested in cases where affordable rental housing may be lost through sale prompted by cxpidng federal obligations as well as properties which are identified by local jurisdictions as projects of significant community concern. In these cases, we look to the local nonprofits, first, as sources to acquire and own. However, we understand that your local nonprofit has not been successful in negotiating a sale of Tiffany Court. Given, the lack of local response and your support, the county is prepared to request that the County Board of Commissioners direct staff to enter into negotiations towards the acquisition and ownership of Tiffany Court. However, on November 201h, we received a letter from Community Partners for Affordable Housing expressing interest in the acquisition of Tiffany Court. The county supports the efforts of CPAH and provides ongoing financial support to the organization. As such, the county would not interfere with the nonprofit's desire to move forward with an acquisition. 1 Given this unanticipated response, we ask the city to advise us of how you wish to proceed. If you decide that the county should proceed then we would take action immediately with the goal of owning and j managing the property. Thank you for your invitation to work with The City of Tigard on these very important affordable housing issues. We look forward to hearing from you soon. Sincerely, i / Z i Linda Peters, Chair Washington County Board of Commissioners _ f attachment: (1) Cc: Washington County Board of Commissioners Charles Cameron Susan A. Wilson Board of County Commissioners ' 155 North First Avenue. Suite 300 H;Ilstoro. Oregon 97124 Phone: 503 648-2c81 44{ i J l November 20, 1997 Via Fax: 693-4795. 5 pages Susan A. Wilson Director Dept. of Housing Services 1 I I NE Lincoln, 4200-1- Hillsboro, OR 97124 Dear Susan: i I wanted to take this opportunity to follow-up on your question of November 6 about CPAH's interest in Tiffany Court. As you are well aware, we have invested significant i time and energy in the predevelopment of that project, including our discussions with you about potential partnerships with DHS which would make the acquisition possible. i t We have continued to publicly state our interest in pursuing Tiffany, should it come on the market. As a relatively new housing developer, we are well aware that our financial partners will look to see the successful completion of our first two renovation projects before we begin on a third, particularly if the third were to be Tiffany Court. We are very close to completion of the residential renovations of both Villa La Paz and Metzger Park. I j As you know, we have continued to work diligently with the local partners necessary to 1 achieve the "turn around" of troubled projects like Tiffany. The local schools, library and police have been extremely supportive. Their in-kind and financial partnerships at Villa and Metzger are beginning to bear fruit, as evidenced in the two recent articles I've attached. We are currently participating in community policing and are completing administrative details required to open our Computer Learning Centers and community libraries at each site. Holiday parties are planned early in December. We have an active tenant base. In fact, at last night's board meeting a tenant of Villa La Paz was nominated for membership on CPAH's board for the first time. We attend a variety of meetings in the community every day. Our partners have begun to ask about your interest in Tiffany and what that would mean for the project. I've had to simply note that no meetings have taken place to discuss any potential partnerships, but clearly we would be interested. 1'd like to suggest that we 1 schedule such a meeting soon. CPAH's board is currently assessing the timing and nature of our next project, and Tiffany obviously remains on the list of targets. Please let me know when you might be available to meet. I look forward to hearing from you soon. Sincerely, Sheila Greenlaw-Fink Executive Director `"Community P' artners for A ffOrdable ® ■ H ousing, in c. P.0 Box 232C6 • Tigard. OR 97281-3206.503/968-CPAH (2724) November 18, 1997 Washington County Board of Commissioners 155 North First Avenue Jim I{ Jim NicoG Hillsboro, OR 97124 City Council Dear Board Members: Paul Hmit Brian Moore i t2 ff It has come to our attention that your Housing Services Department Bob Ken Roblf ohff tla has been contacted regarding the purchase and operation of the Tiffany Court Apartment project in Tigard. We are very encouraged to learn that this property may come under your ownership and management. As you may be aware, Tiffany Court has been the focal point of community attention following a large drug-bust involving many residents cf the project. The drug-bust I typifies the situation at this property. It exists in a state of visual disrepair. Our i' observations and other reports have revealed that the interior is equally deteriorated. Tigard's Police Department is continually called to the property. One of the Council's current goals is to encourage and support the maintenance of quality, affordable housing in Tigard. County ownership and management of Tiffany Court would facilitate those improvements to make Tiffany Court a quality and affordable project. To this end, we encourage you to acquire this property. i We look forward to working with you on this project. We also would like to extend our appreciation to Susan Wilson, Housing Services Director, for her participation in Tigard's Community Housing Task Force, which is looking at the issue of existing housing maintenance. If you or staff have any questions or need any assistance, please conta~qlDavid Scott, Tigard B~lding Official, at 639-4171, Ext. 311. es Nicofi V Mayor c: Susan Wilson, Washington County Housing Services Director iaadm%cathy\councilttifct doc 13125 SW Hall Blvd., Tigard. OR 97223 (503) 639-4171 TDD (503) 684-2772 - Agenda Item No. Meeting of f,,~ IQ (G ' MEMORANDUM CITY OF TIGARD, OREGON TO: i Honorable Mayor & City Council j FROM: Cathy Wheatley, City Recorder DATE: December 2, 1997 9 SUBJECT: t Police Employee Commendations Attached is some information about special commendations awarded to several police officers. I Chief Ron Goodpaster will be at the December 9 meeting to introduce the officers to the Council and puolic and make note of their exceptional efforts. iledm\cathy\council\pdcom.doc CITY OF TIGARD FACT SHEET 13125 SW Hall Boulevard Tigard, OR 97223 Contact: Ron Good an ster, (503) 639-4171 AGENDA: December 9, 1997 TOPIC: Employee Commendations BACKGROUND: Department personnel frequently receive letters and notes of appreciation and thank yous from the citizenry and from department staff regarding noteworthy actions, HOWEVER, a commendataion is a more significant form of recognition . In order for a commendation to be issued it needs to be endorsed by the majority of all the supervisors and the Chief. We may issue 50 or more letters of appreciation and thankyous but few commendations in a year. These two commendations are the result of outstanding efforts and are significantly noteworthy. The first commendation was issued to several officers for their actions in locating and arresting an armed robbery suspect. The second commendation was issued to a patrol sergeant for his outstanding handling of a dangerous and volatile person threatening suicide and threatening to kill any police officer. The two commendations are attached for your review. Both serve as excellent examples of professional police workand serve as examples to the rest of the department. COST: MEMORANDUM J ~i TIGARD POLICE DEPARTMENT TO: Sergeant Hal Merrill ~ FROM: Ronald D. Goodpasterp Chief of Police DATE: October 10, 1997 SUBJECT: Department Commendation It has been recommended and supported by staff that you receive this commendation for I exemplary performance regarding your response to a welfare check on Grant Street on I September 29, 1997. The call involved a suicidal person who allegedly had access to a handgun and several knives. The person was despondent over a recent divorce and was threatening suicide and threatening to kill any police officer responding to his residence. As the Tigard Police units arrived and deployed, you took up the lead position and again conversed with the despondent person. You continued a dialogue with the person until the other officers were deployed in good tactical positions. One of the officers who had responded took a position from which he could visually observe the subject inside the residence. As you continued talking with the person, the officer could see that the subject was placing a knife in his waistband behind his back and alerted the rest of the officers to that fact. You continued to talk to the person and eventually convinced him to put the knife down. You convinced the subject to remove his shirt and boots so that the officers could see that he had no further weapons. You then convinced the subject to approach, leaving the house and getting him farther away from the weapons that remained. The subject was detained and later lodged on a police officer hold. You did an outstanding job of controlling the situation and initiating a dialogue with the subject. This was not an easy task, as the subject had been detained and lodged on a mental hold in the past and knew the procedures. With exceptional performance on your part under extremely stressful conditions, your actions allowed a safe resolution to a very dangerous situation and is recognized as such by this Department Commendation. Thank you very much for a job extremely well done! cc: Capt. Wheeler City Administrator City Council Bulletin Board ChieRs~Offiotr Personnel File M MEMORANDUM TIGARD POLICE DEPARTMENT Sgt. deSully Officers Featherston, IIeaukulani, LaFranchise, Newman and Ranum Detectives Boothby and Fischer Ronald D. Goodpaster Chief of Police DATE: September 24, 1997 SUBJECT: Department Commendation J It has been recommended by Sgt. Nerski and endorsed by Staff that you receive this commendation for your exceptional teamwork, investigation and arrest of the armed robbers that [ : J were recently plaguing the Tigard area. After reading Sgt. Nerski's account of your actions, I completely agree and add my "thank you" for a job extremely well done. You have set an example of teamwork and professional police work for the entire Department to follow. The teamwork is an outstanding effort from officers on swing shift, graveyard, and the Detective Unit working together to successfully resolve a very serious problem in the community. On August 28, 1997 you, Officer Featherston, responded to the first robbery call of the day at j Videoland in the Tigard Town Square shopping mall. During this initial investigation, you contacted a witness who provided a description of a possible suspect vehicle, and you informed other Tigard officers of this description. Officer Newman, you conducted an area search of the f Tiffany Court Apartments and observed a vehicle that matched the possible suspect vehicle I description. You obtained the license plate number of the vehicle and informed Detective Fischer of this information. I j Detective Fischer, you and Officer LaFranchise worked with the information obtained by Officers Featherston and Newman to locate valuable suspect information. Detective Fischer, you located the possible suspect vehicle in the Lake Grove area, photographed it, and obtained an address where the vehicle was located. You also relayed this information to the on-duty officers in the chance that an additional robbery may take place. Later on the same day, Tigard officers responded to the subway shop at the Tigard Town Square. While responding to the call, you, Officer LaFranchise, believed that the suspect vehicle was n seen attempting to evade officers in the area south of Durham Road. Sergeant deSully, you coordinated a search for the suspect vehicle also sending officers to the Tiffany Court Apartments and to a possible location in Lake Grove, where Detective Fischer indicated he had observed the vehicle earlier. You did a commendable job in coordinating the search, covering all the areas the suspect vehicle could have gone. A third robbery call came in, and Tigard officers responded to the Mazatlan Restaurant. Sergeant deSully, you continued to maintain the coordination of responding units, officers from swing I shift and graveyard, along with officers from King City, Tualatin, Lake Oswego Police Departments, and the Oregon State Police. Officer Ranum, the role you played was critical in the successful apprehension of the suspects in these robberies. You initially responded to all 3 of these calls and began to set up containment. You were then directed to proceed to the area at Tiffany Court to coordinate the search for the suspect vehicle which had been sighted at those apartments earlier in the day. You were instrumental in coordinating the containment and search for the suspect vehicle in that area. The suspect vehicle was eventually spotted in the area of Tiffany Court by another officer; and when the vehicle was spotted, you coordinated the response of other officers and the high risk stop of the suspect vehicle. With the fact that there were several police agencies and numerous patrolmen from each city, this was not any easy task. Officer Heaukulani, you had gone to the Tiffany Court Apartments and notified officers that you had spotted a suspect vehicle at the apartments. Officers from the respective agencies responded and conducted a high-risk stop of the suspect vehicle. The occupants were subsequently identified as the robbers of 10 establishments in the Tigard area, and money and weapons were recovered. At the scene, you, Detective Boothby, completed the enormous task of processing the arrest scene and the evidence. Numerous items were recovered from the vehicle, including illegal drugs, a pistol, and most of the robbery money, all of which were confiscated, photographed, and logged into property control, an extremely time consuming job in itself. Without the professional efforts of each one of you, along with your prompt information j exchange and follow up, this case would not have been solved in a timely manner. Thank you for a job extremely well done. You certainly set anew standard of teamwork and professional police work for others to follow. Your combined actions have made a significant difference and serve as an excellent example for all. cc: Capt. Wheeler Lt. Grisham Sgt. Harburg Sgt. Martin I i a c u CD .O V r`a 1- J Agenda Item No. L1. 1 - Meeting of_._~ Iri N 7 CA c = o y u o > > v a • ~ 7 Qa c o „ u ~ u ~ o o. G ai u 00 n 2 00 l~ \ T p v C u E C O V N o o ~ c ~ O ~ ~ u m 'u v u ~ O t Q H G. O L t7 O O o F E E d Q 0 a a a O • i o r v 0 v E v 5 p o ,y c c o E N o a a o z E! a o U •v r 3 y O O V h ~ ` O N N > E t ` v F ~P 3 E W c c u u U o y y s a H ~ o D a ~ u ' ~ C o o U o aai 5 c m M v u e ° 5 v •E E ~ o c cn U m' i~ ci ° ~ 3 s d' ~ H C y v C J k] U Ci ¢ t~ °o U z T 7 W V] G L' U O .C A y n E ~ p C E W ❑ ~ 4 G. CJ r E. a o ~ ~ Q ~ o = u i . , ~ o v~ h G i e YS `u: V T y = u U C ' .1 ti O ' C r ~ > ~ > Y v ~ M C O O O U = t v v0 Y U > i i 2 f C, t i i J ISSUE/AGENDA TITLE PREPARED BY: Loreer AGENDA ITEM # FOR AGENDA OF December 9 1997 CITY OF TIGARD ,OREGON COUNCIL AGENDA ITEM SUMMARY DEPT HEAD OK N/V/ CITY MGR OK Complete the insurance pool membership documents for the Urban Services Area IGA with Washington County STAFF RECOMMENDATION Approve CIS membership resolutions for property self-insurance pool and liability risk sharing pool. INFORMATION SUMMARY The Tigard City Council entered into an intergovernmental agreement (IGA) with Washington County during May, 1997 for the provision of Urban Services outside the city limits of Tigard. Part of that agreement required Sze City to maintain insurance for claims arising out of our service provision in this area. Insurance was obtained through the City/County Insurance Services Trust (CIS). This membership in the self- insurance pool is for three years, unless we chose to cancel the IGA earlier. In keeping with their practice, CIS has requested that the City Council adopt resolutions indicating their desire for membership in the pool. One resolution would cover membership for the property self-insurance pool and the other resolution covers i membership for the liability risk sharing pool (which includes general liability & auto liability coverage). f OTHER ALTERNATIVES CONSIDERED Conduct work within the Urban Services Area without adequate insurance coverage as required in the IGA. FISCAL NOTES In keeping with the Urban Services Area IGA with Washington County, the County reimburses the City of f Tigard for the cost of this coverage. The cost of this coverage for the 1997-98 coverage year was $2,166. v\h 9docs\i na=ce\cissum97.doc 1 AGENDA ITEM # .4-1. J FOR AGENDA OF Decemeber 9. 1997 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE 1997-98 Waste Reduction Work Plan (Year 8) - Intergovernmental Agreement with Washington County ' PREPARED BY: Loreen Mills DEPT HEAD OK CITY MGR OK ISSUE BEFORE THE COUNCIL Should the City participate with Washington County by signing an IGA to meet Metro waste reduction work plan requirements for Year 8? STAFF RECOMMENDATION Approve IGA with Washington County to work together to meet Metro Year 8 Waste Reduction Work Plan requirements. INFORMATION SUMMARY i -Metro has established a Regional Solid Waste Management Plan (RSWMP) which includes a requirement that the cities and county in Washington County prepare annual waste reduction work plans. The cities and County in Washington County determined in 1990 that it would be most cost effective to participate together and adopt an annual work program as the Washington County Wasteshed. Tigard has been a member of the Wasteshed since that time. On 7/1/97, City of Beaverton withdrew from the Wasteshed, however, all other cities within the { County continue to work together. i 1 Year 8 Work Plan has been negotiated between the members of the Wasteshed and has finally been accepted by Metro. Loreen Mills is Tigard's representative in this process. ' In the attached you will find the: Resolution which records Council's action to approve the IGA & participate in the Year 8 Work Program; IGA with Washington County which each city (other than Beaverton) will be adopting; IGA Attachment A which contains highlights of the mission and funding for the Wasteshed; & IGA Attachment B which is the Year 8 Plan and designates what the cities must accomplish in order to stay in compliance with Metro's RSWMP. This year the major emphasis in the plan is commercial recycling participation increase, commingled collection of residential recyclables, and more work on collecting organics (pre and post consumer food waste) as a cyclable material. M AGENDA ITEM # _ I FOR AGENDA OF December 9. 1997 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY i ISSUE/AGENDA TITLE City Attorney Services PREPARED BY: William A. Monahan DEPT HEAD OK l aTY MGR OK ISSUE BEFORE THE COUNCIL Should the City Council enter into a formal agreement with O'Donnell, Ramis, Crew, Corrigan, and Bachrach, LLP to provide City Attorney services to the City of Tigard? STAFF RECOMMENDATION In October, 1997, the City Council reviewed the performance of the City Attorney and directed the City Manager to work with the firm to develop a contract for Council consideration. A draft Personal Services Contract is before Council for consideration, which contains the firm's proposal of services, rates, and other pertinent sections. Staff recommends that Council authorize the Mayor and the City Manager to sign the contract on behalf of the City. INFORMATION SUMMARY The law firm of O'Donnell, Ramis, Corrigan, and Bachrach, LLP, has provided City Attorney services to the City of Tigard since 1981. Tigard Municipal Code Section 2.60.010 provides that the City Attorney shall be --ppointed by the Mayor with the consent of Council. The Code provides that appointment and removal of the attorney by the Mayor shall require the prior consent of a majority of the full Council recorded at a public meeting. The City Attorney has been reviewed at intervals of either three or five years in the past. The last review prior to October, 1997 was in May, 1994. The City Council reviewed the performance of the City Attorney and found that the performance of services met or exceeded expectations in all areas of the law. As a result, Council authorized the City Manager to incorporate the elements of the firm's proposal to deliver City Attorney services into a contract, including an increase in hourly rates, effective January 1, 1998. The period of the agreement is from January 1, 1998 through December 31, 2000. OTHER ALTERNATIVES CONSIDERED 1. Continue receiving City Attorney services from the O'Donnell, Ramis, Crew, Corrigan, and Bachrach, LLP, without a formal personal services contract. 2 Seek other legal representation. FISCAL NOTES Effective January 1, 1998, hourly rates will increase, causing the cost of City Attorney services to increase as long as the hours of service required remain constant. s %citywiee~s-%cty:r<:.dw L P. 2 ~i CITY OF TIGARD, OREGON PERSONAL SERVICES CONTRACT A LPr th THIS AGREEMENT made and entered into this _ day of 19 by an :.-ween e CITY OF TIGARD, a municipal corporation of the State of Oregon, hereinafter called CITY, and O'Donnell, Ramis, Crew, Corrigan and Bachrach, LLP, hereinafter called CONTRACTOR. WITNESSETH i WHEREAS, CITY has need for the services of a law firm with the particular training, ability, knowledge, and experience possessed by CONTRACTOR; and WHEREAS, CITY has determined that O'Donnell, Ramis, Crew, Corrigan and Bachrach, LLP is qualified and capable of performing the professional services as CITY does hereinafter require under those terms and conditions set forth; NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties agree as follows: 1. LEGAL SERVICES TO BE PROVIDED: CONTRACTOR agrees to complete work which is detailed in Exhibit "A', and by this - reference made a part hereof. 2. EFFECTIVE DATE AND DURATION: This Agreement shall become effective beginning January 1, 1998, and shall expire, unless otherwise terminated or extended, on December 31, 2000. it 3. COMPENSATION: a. CITY agrees to pay CONTRACTOR in accordance with this section for performance of services described herein. Payment shall be based upon a detailed monthly billing showing work performed and identifying specific legal matters worked on. DEC 03 '97 12:34PN O'DONNELL, RHNIS P.3 b. Hourly Rates: Effective January 1, 1998 forward the hourly rates shall be as follows: Partners $135.00 Sr. Associates & Special Counsel $125.00 Associates $115.00 4 Law Clerks/Legal Assistants $70.00 Secretarial $45.00 The parties may by mutual agreement adjust these rates. j C. The direct cost for such items as long distance charges, messenger services, f printing, mileage, copy charges (25 cents per page) and the like will be billed to CITY, with no markup or overhead charge added, except that mileage charges for ` taps between CONTRACTOR's office and CITY offices shall not be charged to the CITY. d. Payment by CITY shall release CITY from any further obligation for payment to - CONTRACTOR, for services performed or expenses incurred as of the date of the statement of services. Payment shall not be considered acceptance or approval of any work or waiver of any defects therein. ` j t C. Payment will be made in installments based on CONTRACTOWs invoice, subject to the approval of the City Manager, and not more frequently than monthly. Payment shall be made only for work actually completed as of the date of the i invoice. f. The CITY certifies that sufficient funds are available and authorized for expenditure to finance costs of this contract. - OWNERSHIP OF WORK PRODUCT: CITY shall be the owner of and shall be entitled to possession of any and all work products of CONTRACTOR which result from this Agreement, including any computations, plans, correspondence or pertinent data and information gathered by or computed by CONTRACTOR prior to termination of this Agreement by CONTRACTOR or upon completion of the work pursuant to this Agreement. PERSONAL SERVICES CONTRACT - Page 2 DEC 03 '97 12.35PM O'DONNELL, RAMIS P.4 5. ASSIGNIv1ENTMELEGATION: Neither party shall assign, sublet or transfer any interest in or duty under this Agreement without the written consent of the other and not assignment shall be of any force or effect whatsoever unless and until the other party has so consented. If CITY agrees to assignment of tasks to a subcontractor, CONTRACTOR shall be fully responsible for the acts or omissions of any subcontractors and of all persons employed by then- and neither the approval by CITY of any subcontractor nor anything contained herein shall be deemed s to create any contractual relation between the subcontractor and CITY. i j 6. STATUS OF CONTRACTOR AS INDEPENDENT CONTRACTOR: CONTRACTOR certifies that: i a. CONTRACTOR j acknowledges that for all purposes related to this Agreement, CONTRACTOR is and shall be deemed to be an independent contractor as defined by ORS 670.700 and not an employee of CITY, shall not be entitled to benefits of any kind to which an employee of CITY is entitled and shall be solely responsible for all payments and taxes required by law. Furthermore, in the event that CONTRACTOR is found by a court of law or any administrative agency to be an employee of CITY for any purpose, CITY shall be entitled to offset compensation due, or to demand repayment of any amounts paid to CONTRACTOR under the terms of this Agreement, to the full extent of any benefits or other remuneration CONTRACTOR receives (from CITY or third party) as a result of said finding and to the full extent of any payments that CITY is required or make (to CONTRACTOR or to a third party) as a result of said finding. b. The undersigned CONTRACTOR hereby represents that no employee of the CITY, or any partnership or corporation in which a CITY employee has an i interest, has or will receive any remuneration of any description from CONTRACTOR, either directly or indirectly, in connection with the letting or performance of this Agreement, except as specifically declared in writing. C. CONTRACTOR certifies that it currently has a CITY business license or will obtain one prior to delivering services under this Agreement. i d. CONTRACTOR is not an officer, employee, or agent of the CITY as those terms are used in ORS 30.265. PERSONAL SERVICES CONTRACT - Page 3 DEC 03 '97 12:35PM O'DONNELL, RAMS P.5 7, INDEMNIFICATION: CITY has relied upon the professional ability and training of CONTRACTOR as a material inducement to enter into this Agreement. CONTRACTOR warrants that all its work will be performed in accordance with generally accepted professional practices and standards as well as the requirements of applicable federal, state and local laws, it being understood that acceptance of a contractor's work by CITY shall not operate as a waiver or release. CONTRACTOR agrees to indemnify and defend the CITY, its officers, agents and employees and hold them harmless from any and all liability, causes of action, claims, losses, damages, judgments or other costs or expenses including attorney's fees and witness costs and (at both trial and appeal level, whether or not a trial or appeal ever takes place) that may be asserted by any person or entity which in any way arise from, during or in connection with the performance of the work described in this contract, except liability arising out of the sole negligence of the CITY and its employees. Such indemnification shall also cover claims brought against the CITY under state or federal worker's compensation laws. If any aspect of this indemnity shall be found to be illegal or invalid for any reason whatsoever, such illegality or invalidity shall not affect the validity of the remainder of this indemnification. 8. INSURANCE: a. CONTRACTOR, and its subcontractors, shall maintain insurance acceptable to CITY in full force and effect throughout the term of this contract. Such insurance shall cover all risks arising directly or indirectly out of CONTRACTOR's activities or work hereunder, including the operations of its subcontractors of any tier. Such insurance shall include provisions that such insurance is primary insurance with respect to the interests of CITY and that any other insurance maintained by CITY is excess and not contributory insurance with the insurance required hereunder. b. The policy or policies of insurance maintained by CONTRACTOR shall provide at least the following limits and coverages: i. Comore ial General Liability insurance CONTRACTOR shall obtain, at CONTRACTOR's expense, and keep in effect during the term of this contract, Comprehensive General Liability Insurance covering Bodily Injury and Property Damage on an "occurrence" form (1986 ISO or equivalent). This coverage shall include Contractual Liability insurance for the indemnity provided under this contract. The following insurance will be carried: PERSONAL SERVICES CONTRACT - Page 4 j DEC 03 '97 12:36PM O'DONNELL. RRMIS ~l P.6 1 I v ra Limit General Aggregate 2,000,000 Each Occurrence 1,000,000 ii. $ofessional Liability nsurance CONTRACTOR shall obtain, at CONTRACTOR's expense, and keep in effect during the term of this contract, Professional Liability Insurance. This coverage shall include Annual Aggregate & Per Occurrence limits of $2,000,000 per attorney. iii. COMmercial Automobjlelnsuran CONTRACTOR shall obtain, at CONTRACTOR'S expense, and keep in effect during the term of this contract, "Symbol 1" Commercial Automobile Liability coverage. The Combined Single Limit per occurrence shall not be less than $1,000,000. IV. Workers' Co oe ration Insurance •,a,J The CONTRACTOR and all employers providing work, labor or materials under this contract are subject employers under the Oregon Workers' Compensation Law and shall comply with ORS 656.017, which requires them to provide workers' compensation coverage that satisfies Oregon law for all their subject workers. V. Additional Insured Provision The City of Tigard, Oregon, its officers, directors, and employees shall be added as additional insureds with respect to this contract. The General Liability Insurance policy will be endorsed to show this additional coverage. Vi. h1glice of Cancellation There shall be no cancellation, material change, exhaustion of aggregate limits or intent not to renew insurance coverage without 30 days written notice to the CITY. Any failure to comply with this provision will not affect the insurance coverage provided to the CITY. The 30 days notice of cancellation provision shall be physically endorsed on to the policy. PERSONAL SERVICES CONTRACT - Page 5 I DEC 03 '97 12:36Pt1 O'DONHELL, kAMIS P.7 U vii. Insura c Carrier Rating Coverages (other than Workers' Compensation) provided by the CONTRACTOR must be underwritten by an insurance company deemed acceptable by the CITY. The CITY reserves the right to reject all or any insurance carrier(s) with an unacceptable financial rating. viii. Certificates of Imu ance As evidence of the insurance coverage required by this contract, the ' CONTRACTOR sha!I furnish a Certificates of Insurance to the CITY. No contract shall be effected until the required certificates have been received and approved by the CITY. The certificate will specify and document all provisions within this contract. A renewal certificate will be sent to the address listed in this section 10 days prior to coverage expiration. ix. Primary Coverag Clarification All parties to this contract hereby agree that the CONTRACTOR's coverage will be primary in the event of a loss. CONTRACTOR's insurance policy shall contain provisions that such policies shall not be canceled or their limits of liability reduced without thirty (30) days prior notice to CITY. A copy of each insurance policy, certified as a true copy by an authorized representative of the issuing insurance company, or at the discretion of CITY, in lieu thereof, a certificate in form satisfactory to CITY certifying to the issuance of such insurance shall be forwarded to: Loreen R. Mills t Risk Manager 13125 SW Hall Blvd. Tigard, OR. 97223 Such policies or certificates must be delivered prior to commencement of the work. Ten days cancellation notice shall be provided CITY by certified mail to the name at the j address listed above in event of cancellation or non-renewal of the insurance. ' The procuring of such required insurance shall not be construed to limit CONTRACTOR's liability hereunder. Notwithstanding said insurance, CONTRACTOR shall be obligated for the total amount of any damage, injury, or loss caused by negligence or neglect connected with this contract. . J PERSONAL SERVICES CONTRACT - Page 6 DEC 03 '97 12:37PM O'DONNELL, PAMIS P.e 9. PROFESSIONAL SERVICES: The CITY requires that services provided pursuant to this Agreement shall be provided to the CITY by a CONTRACTOR which does not represent clients on matters contrary to CITY interests. Further, CONTRACTOR shall not engage services of an attorney and/or other professional who individually, or through members of his/her same firm, represents clients on matters contrary to CITY interests. Should the CONTRACTOR represent clients on matters contrary to CITY interests or engage the services of an attorney and/or other professional who individually, or through members of his/her same firm, represents clients on matters contrary to CITY interests, CONTRACTOR shall consult with the appropriate CITY representative regarding the conflict. After such consultation, the CONTRACTOR shall have 30 days to eliminate the conflict to the satisfaction of the CITY. If such conflict is not eliminated within the specified time period, the Agreement may be terminated pursuant to Section 13(b)(iii) of this agreement. 10 METHOD AND PLACE OF GIVING NOTICE, SUBMITTING BILLS AND MAKING PAYMENTS. All notices shall be made in writing and may be given by personal delivery or by mail. Notices sent by mail should be addressed as follows: CITY: City Manager City of Tigard 13125 SW Hall Blvd. Tigard, OR. 97223 CONTRACTOR: Pamela J. Beery O'Donnell Ramis Crew Corrigan & Bachrach, LLP 1727 NW Hoyt Street Portland, OR 97209 and when so addressed, shall be deemed given upon deposit in the United States mail, postage prepaid. In all other instances, notices, bills and payments shall be deemed given at the time of actual delivery. Changes may be made in the names and addresses of the person to whom notices, bills and payments are to be given by giving written notice pursuant to this paragraph. All bills and payments shall be sent to the CITY's Finance Director. PERSONAL SERVICES CONTRACT - Page 7 DEC 03 '97 12:37P11 O'DONNELL, RAMIS P.9 11. MERGER: This writing is intended both as a final expression of the Agreement between the parties with respect to the included terms and as a complete and exclusive statement of the terms of the Agreement. No modification of this Agreement shall be effective unless and until it is made in writing and signed by both parties. 12. TERMINATION WITHOUT CAUSE: a At any time and without cause, CITY shall have the right in its sole discretion, to terminate this Agreement by giving notice to CONTRACTOR. If CITY terminates the contract pursuant to this paragraph, it shall pay CONTRACTOR for services rendered to the date of termination. Termination by CITY must be done by motion of the City Council. 13. TERMINATION WITH CAUSE: a. CITY may terminate this Agreement effective upon delivery of written notice to CONTRACTOR, or at such later date as may be established by CITY, under any of the following conditions: i. If CITY funding from federal, state, local, or other sources is not obtained " j and continued at levels sufficient to allow for the purchase of the indicated quantity of services. This Agreement may be modified to accommodate a reduction in funds. ii. If federal or state regulations or guidelines are modified, changes, or interpreted in such a way that the services are no longer allowable or appropriate for purchase under this Agreement. 1 iii. If any license or certificate required by law or regulation to be held by CONTRACTOR, its subcontractors, agents, and employees to provide the services required by this Agreement is for any reason denied, revoked or not renewed. i 1 iv. If CONTRACTOR becomes insolvent, if voluntary or involuntary petition in bankruptcy is filed by or against CONTRACTOR, if a receiver or trustee is appointed for CONTRACTOR, or if there is an assignment for the benefit of creditors of CONTRACTOR. Any such termination of this Agreement under paragraph (a) shall be without prejudice to any obligations or liabilities of either party already accrued prior to such termination. PERSONAL SERVICES CONTRACT - Page 8 DEC 03 197 12:36PP1 o'DONNELL, RRNIS P.10 4 b. CITY, by written notice of default (including breach of contract) to CONTRACTOR, may terminate the whole or any part of this Agreement: i. If CONTRACTOR fails to provide services called for by this Agreement within the time specified herein or any extension thereof, or ii. If CONTRACTOR fails to perform any of the other provisions of this Agreement, or so fails to pursue the work as to endanger performance of i this Agreement in accordance with its terms, and after receipt of written notice from CITY, fails to correct such failures within ten (10) days or such other period as CITY may authorize. iii. If CONTRACTOR fails to eliminate a conflict as described in Section I I of this Agreement. The rights and remedies of CITY provided in the above clause related to defaults (including breach of contract) by CONTRACTOR shall not be exclusive and are in addition to any other rights and remedies provided by law or under this Agreement. If CITY terminates this Agreement under paragraph (b), CONTRACTOR shall be entitled to receive as full payment for all services satisfactorily rendered and expenses incurred, an amount which bears the same ratio to the total fees specified in this Agreement as the services satisfactorily rendered by CONTRACTOR bear to the total services otherwise required or be performed for such total fee; provided, that there shall be deducted from such amount the amount of damages, if any, sustained by CITY due to breach of contract by CONTRACTOR. Damages for breach of contract shall be those allowed by Oregon law, reasonable and necessary attorney fees, and other costs of litigation at trial and upon appeal. 14. ACCESS TO RECORDS: CITY shall have access to books, documents, papers and records of CONTRACTOR that are directly pertinent to this Agreement for the purpose of making audits, examinations, excerpts and transcripts. 15. CITY ATTORNEY BAR MEMBERSHIP/OCAA MEMBERSHIP REQUIREMENTS: City Attorney is responsible for maintaining City Attorney's professional standing as a member of the Oregon State Bar Association and the Oregon City Attorney's Association. PERSONAL SERVICES CONTRACT - Page 9 L i, t DEC 03 '97 12t39PM O'DONNELL. RAMIS P.11 i 16. NON-WAIVER: The failure of CITY to insist upon or enforce strict performance by CONTRACTOR of any of the terms of this Agreement or to exercise any rights hereunder, should not be construed as a waiver or relinquishment to any extent of its rights to assert or rely upon such terms or rights on any future occasion. 17. ATTORNEYS' FEES: In case suit or action is instituted to enforce the provisions of this contract, the parties agree that the losing party shall pay such sum as the court may adjudge reasonable 3 attorney fees and court costs, including attorney's fees and court costs on appeal. 18 GOVERNING LAW: The provisions of this Agreement shall be construed in accordance with the provisions of the laws of the State of Oregon. Any action or suits involving any question arising under this Agreement must be brought in the appropriate court of the State of Oregon. 19. COMPLIANCE WITH APPLICABLE LAW: CONTRACTOR shall comply with all federal, state and local laws and ordinances, - 1 applicable public contracts, and to the work to be done under this contract. ~.J 20 CONFLICT BETWEEN TERMS: It is further expressly agreed by and between the parties hereto that should there by any conflict between the terms of this instrument in the proposal of the contract, this i instrument shall control and nothing herein shall be considered as an acceptance of the said ' terms of said proposal conflicting herewith. } I 1 21. AUDIT: CONTRACTOR shall maintain records to assure conformance with the terms and t conditions of this Agreement, and to assure adequate performance and accurate expenditures within the contract period. CONTRACTOR agrees to permit CITY, the State of Oregon, the federal government, or their duly authorized representatives to audit all records pertaining to this Agreement to assure the accurate expenditure of funds. PERSONAL SERVICES CONTRACT - Page 10 I } I DEC 03 '97 12:39PM O'DONNELL, RAMIS s 3 ti q 7 i I i i i P.12 22. SEVERABILITY In the event any provision or portion of this Agreement is held to be unenforceable or invalid by any court of competent jurisdiction, the remainder of this Agreement shall remain in full force and effect and shall in no way be affected or invalidated thereby. 23. COMPLETE AGREEMENT: This Agreement and attached exhibits constitutes the entire Agreement between the parties. No waiver, consent, modification, or change of terms of this Agreement shall bind t either party unless in writing and signed by both parties. Such waiver, consent, modification, or change if made, shall be effective only in specific instances and for the I specific purpose given. There are no understandings, agreements, or representations, oral or written, not specified herein regarding this Agreement. CONTRACTOR, by the signature of its authorized representative, hereby acknowledges that he has read this Agreement, understands it and agrees to be bound by its terms and conditions. IN WITNESS WHEREOF, CITY has caused this Agreement to be executed by its duly authorized undersigned officer and CONTRACTOR has executed this Agreement on the date hereinabove first written. CITY OF TIGARD By; Mayor Date: By; City Manager Date: CONTRACTOR By; Pamela J. Beery Date: By; Timothy V. Ramis Date: PERSONAL SERVICES CONTRACT - Page 1 I P.13 SCOPE OF SERVICES A. CONTRACTOR will be responsible for CITY legal representation as authorized by the City Council and/or City Manager. Authorization to perform specific tasks will come 'I C' M they ersons directly authorized by the 1 from the Mayor, City Counci , ity anager or o p Mayor, City Council or the City Manager. Pamela J. Beery will act as lead attorney. Timothy V. Ramis is referred to herein as the "City Attorney". B. Unless otherwise specified by the Mayor, City Council or the City Manager, CONTRACTOR will be responsible for: i. Legal aspects of general administration of CITY business, including preparing and providing legal opinions, assist with establishment of correct procedures, drafting and reviewing ordinances, resolutions, contracts, orders, agreements, and other legal documents, and related tasks needed to support CITY personnel, the Council and Commissions. ii• Training of nonlegal personnel in the performance of legally related tasks in order ! to reduce legal expenses. iii. Regular attendance at City Council meetings and attendance at other municipal meetings on request. iv. Municipal Court prosecution. E, V. Review City Council packets and provide advice prior to meetings. Review . Planning Commission packets when requested and provide timely advice prior to meetings. f i vi. Ensure that all current and future codes and ordinances are in compliance with i state and federal laws, current and future. C. Legal activities such as complex litigation and special project assignments which fall outside of the above categories, and which would include costs exceeding the projections of the City's budget for legal services, must be authorized by the City Council. City Attorney and the City Manager will regularly review the level of expenditures on legal services and will prioritize projects in order to stay within the budgeted amounts. ~i PERSONAL SERVICES CONTRACT - Page 12 t P.14 D. The City Attorney will coordinate with the City Manager and department heads, but within the chain of command shall report directly to the City Council. In this regard, in the event a conflict develops between the Council and City Manager, the City Attorney will represent the Council but will notify the City Manager at first knowledge of a conflict. E. The City reserves the right in appropriate situations to retain separate outside counsel. it is recognized that the City presently utilizes other law firms to provide representation in personnel issues, labor relations, and water related matters (i.e., water rights, water I supply) i „ i1 pjbl a i90024lchyany.p&3(12/3,*97) i i 1 1 0 _ -1/ PERSONAL SERVICES CONTRACT - Page 13 i I _ CT-Y' I (j 'r1G -e S {v j CITY OF TIGARD, OREGON J C4 a IC . PERSONAL SERVICES CONTRACT 121 It 19--7 a•> THIS AGREEMENT made and entered into this _ day of 19 by and between the CITY OF TIGARD, a municipal corporation of the State of Oregon, hereinafter called CITY, and O'Donnell, Ramis, Crew, Corrigan and Bachrach, LLP, hereinafter called CONTRACTOR. WITNESSETH WHEREAS, CITY has need for the services of a law firm with the particular training, ability, knowledge, and experience possessed by CONTRACTOR; and a WHEREAS, CITY has determined that O'Donnell, Ramis, Crew, Corrigan and Bachrach, LLP is qualified and capable of performing the professional services as CITY does hereinafter require f under those terms and conditions set forth; i NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties jf agree as follows: ! is 1. LEGAL SERVICES TO BE PROVIDED: CONTRACTOR agrees to complete work which is detailed in Exhibit "A", and by this reference made a part hereof. i . 2. EFFECTIVE DATE AND DURATION: This Agreement shall become effective beginning January 1, 1998, and shall expire, unless i otherwise terminated or extended, on December 31, 2000. 3. COI~4PENSATION: i a. CITY agrees to pay CONTRACTOR in accordance with this section for illl performance of services described herein. Payment shall be based upon a detailed i monthly billing showing work performed and identifying specific legal matters I worked on. 7 i PERSONAL SERVICES CONTRACT - Page 1 j I 1 b. Hourly Rates: i Effective January 1, 1993 forward the hourly rates shall be as follows: Partners $135.00 Sr. Associates & Special Counsel $125.00 Associates $115.00 i Law Clerks/Legal Assistants $70.00 Secretarial $45.00 r The parties may by mutual agreement adjust these rates. i C. The direct cost for such items as long distance charges, messenger services, printing, mileage, copy charges (25 cents per page) and the like will be billed to CITY, with no markup or overhead charge added, except that mileage charges for trips between CONTRACTOR's office and CITY offices shall not be charged to the CITY. d. Payment by CITY shall release CITY from any further obligation for payment to l CONTRACTOR, for services performed or expenses incurred as of the date of the statement of services. Payment shall not be considered acceptance or approval of ! any work or waiver of any defects therein. i . i e. Payment will be made in installments based on CONTRACTOR's invoice, subject to the approval of the City Manager, and not more frequently than monthly. Payment shall be made only for work actually completed as of the date of the invoice. f. The CITY certifies that sufficient funds are available and authorized for expenditure to finance costs of this contract. i 4. OWNERSHIP OF WORK PRODUCT: CITY shall be the owner of and shall be entitled to possession of any and all work products of CONTRACTOR which result from this Agreement, including any computations, plans, correspondence or pertinent data and information gathered by or computed by CONTRACTOR prior to termination of this Agreement by CONTRACTOR or upon completion of the work pursuant to this Agreement. PERSONAL SERVICES CONTRACT - Page 2 5. ASSIGNMENT/DELEGATION: Neither party shall assign, sublet or transfer any interest in or duty under this Agreement without the written consent of the other and not assignment shall be of any force or effect whatsoever unless and until the other party has so consented. If CITY agrees to assignment of tasks to a subcontractor, CONTRACTOR shall be fully responsible for the acts or omissions of any subcontractors and of all persons employed by them, and neither the approval by CITY of any subcontractor nor anything contained herein shall be deemed to create any contractual relation between the subcontractor and CITY. 6. STATUS OF CONTRACTOR AS INDEPENDENT CONTRACTOR: 1 ~ I i CONTRACTOR certifies that: f I y a. CONTRACTOR acknowledges that for all purposes related to this Agreement, CONTRACTOR is and shall be deemed to be an independent contractor as defined f i by ORS 670.700 and not an employee of CITY, shall not be entitled to benefits of any kind to which an employee of CITY is entitled and shall be solely responsible for all payments and taxes required by law. Furthermore, in the event that CONTRACTOR is found by a court of law or any administrative agency to be an employee of CITY for any purpose, CITY shall be entitled to offset compensation due, or to demand repayment of any amounts paid to CONTRACTOR under the terms of this Agreement, to the full extent of any benefits or other remuneration CONTRACTOR receives (from CITY or third party) as a result of said finding and to the full extent of any payments that CITY is required or make (to CONTRACTOR or to a third party) as a result of said finding. b. The undersigned CONTRACTOR hereby represents that no employee of the j CITY, or any partnership or corporation in which a CITY employee has an i interest, has or will receive any remuneration of any description from j CONTRACTOR, either directly or indirectly, in connection with the letting or performance of this Agreement, except as specifically declared in writing. i C. CONTRACTOR certifies that it currently has a CITY business license or will obtain one prior to delivering services under this Agreement. 1 d. CONTRACTOR is not an officer, employee, or agent of the CITY as those terms are used in ORS 30.265. PERSONAL SERVICES CONTRACT - Page 3 I 7 a. CONTRACTOR, and its subcontractors, shall maintain insurance acceptable to CITY in full force and effect throughout the term of this contract. Such insurance shall cover all risks arising directly or indirectly out of CONTRACTOR's activities or work hereunder, including the operations of its subcontractors of any tier. Such insurance shall include provisions that such insurance is primary insurance with respect to the interests of CITY and that any other insurance maintained by CITY is excess and not contributory insurance with the insurance required hereunder. b. The policy or policies of insurance maintained by CONTRACTOR shall provide at least the following limits and coverages: mmercial General Liability Tnsuran INDEMNIFICATION: CITY has relied upon the professional ability and training of CONTRACTOR as a material inducement to enter into this Agreement. CONTRACTOR warrants that all its work will be performed in accordance with generally accepted professional practices and standards as well as the requirements of applicable federal, state and local laws, it being understood that acceptance of a contractor's work by CITY shall not operate as a waiver or release. CONTRACTOR agrees to indemnify and defend the CITY, its officers, agents and employees and hold them harmless from any and all liability, causes of action, claims, losses, damages, judgments or other costs or expenses including attorney's fees and witness costs and (at both trial and appeal level, whether or not a trial or appeal ever takes place) that mate be asserted by any person or entity which in any way arise from, during or in connection with the performance of the work described in this contract, except liability arising out of the sole negligence of the CITY and its employees. Such indemnification shall also cover claims brought against the CITY under state or federal worker's compensation laws. If any aspect of this indemnity shall be found to be illegal or invalid for any reason whatsoever, such illegality or invalidity shall not affect the validity of the remainder of this indemnification. 8. INSURANCE: CONTRACTOR shall obtain, at CONTRACTOR's expense, and keep in effect during the term of this contract, Comprehensive General Liability Insurance covering Bodily Injury and Property Damage on an "occurrence' form (1986 ISO or equivalent). This coverage shall include Contractual Liability insurance for the indemnity provided under this contract. The following insurance will be carried: PERSONAL SERVICES CONTRACT - Page 4 i i i' t t t ~ f f - i 1 l i i I -CQveraQe mi General Aggregate 2,000,000 Each Occurrence 1,000,000 if. Professional Liability Incuran CONTRACTOR shall obtain, at CONTRACTOR's expense, and keep in effect during the term of this contract, Professional Liability Insurance. This coverage shall include Annual Aggregate & Per Occurrence limits of $2,000,000 per attorney. III. Commercial Automobile Tnsuran CONTRACTOR shall obtain, at CONTRACTOR's expense, and keep in effect during the term of this contract, "Symbol 1" Commercial Automobile Liability coverage. The Combined Single Limit per occurrence shall not be less than $1,000,000. Iv. Workers' Compensation Insurance The CONTRACTOR and all employers providing work, labor or materials under this contract are subject employers under the Oregon Workers' Compensation Law and shall comply with ORS 656.017, which requires them to provide workers' compensation coverage that satisfies Oregon law for all their subject workers. V. Additional Insured Provision The City of Tigard, Oregon, its officers, directors, and employees shall be added as additional insureds with respect to this contract. The General Liability Insurance policy will be endorsed to show this additional coverage. 1 Vi. Notice of Cancellation There shall be no cancellation, material change, exhaustion of aggregate limits or ! t intent not to renew insurance coverage without 30 days written notice to the CITY. Any failure to comply with this provision will not affect the insurance coverage provided to the CITY. The 30 days notice of cancellation provision shall 1 be physically endorsed on to the policy. PERSONAL SERVICES CONTRACT - Page 5 l vii. insurance Carrier Rating Coverages (other than Workers' Compensation) provided by the CONTRACTOR must be underwritten by an insurance company deemed acceptable by the CITY. The CITY reserves the right to reject all or any insurance carrier(s) with an unacceptable financial rating. viii. Certificates of Insurance As evidence of the insurance coverage required by this contract, the j CONTRACTOR shall furnish a Certificates of Insurance to the CITY. No f contract shall be effected until the required certificates have been received and { approved by the CITY. The certificate will specify and document all provisions I within this contract. A renewal certificate will be sent to the address listed in this section 10 days prior to coverage expiration. ix. Primary Coverage Clarification i All parties to this contract hereby agree that the CONTRACTOR's coverage will be primary in the event of a loss. CONTRACTOR's insurance policy shall contain provisions that such policies shall not be canceled or their limits of liability reduced without thirty (30) days prior notice to CITY. ` - A copy of each insurance policy, certified as a true copy by an authorized representative of the issuing insurance company, or at the discretion of CITY, in lieu thereof, a certificate in form satisfactory to CITY certifying to the issuance of such insurance shall be forwarded to: Loreen R. Mills is Risk Manager 13125 SW Hall Blvd. Tigard, OR. 97223 Such policies or certificates must be delivered prior to commencement of the work. Ten days cancellation notice shall be provided CITY by certified mail to the name at the address listed above in event of cancellation or nor.-renewal of the insurance. The procuring of such required insurance shall not be construed to limit CONTRACTOR's liability hereunder. Notwithstanding said insurance, CONTRACTOR shall be obligated for the total amount of any damage, injury, or loss caused by negligence or neglect connected with this contract. PERSONAL SERVICES CONTRACT - Page 6 The CITY requires that services provided pursuant to this Agreement shall be provided to the CITY by a CONTRACTOR which does not represent clients on matters contrary to CITY interests. Further, CONTRACTOR shall not engage services of an attorney and/or other professional who individually, or through members of his/her same firm, represents clients on matters contrary to CITY interests. Should the CONTRACTOR represent clients on matters contrary to CITY interests or engage the services of an attorney and/or other professional who individually, or through members of his/her same firm, represents clients on matters contrary to CITY interests, CONTRACTOR shall consult with the appropriate CITY representative regarding the conflict. !"1 ~i After such consultation, the CONTRACTOR shall have 30 days to eliminate the conflict to the satisfaction of the CITY. If such conflict is not eliminated within the specified time period, the Agreement may be terminated pursuant to Section 13(b)(iii) of this agreement. METHOD AND PLACE OF GIVING NOTICE, SUBMITTING BILLS AND MAKING PAYMENTS. l All notices shall be made in writing and may be given by personal delivery or by mail. Notices sent by mail should be addressed as follows: I 10 CITY: City Manager City of Tigard 13125 SW Hall Blvd. Tigard, OR. 97223 CONTRACTOR Pamela J. Beery O'Donnell Ramis Crew Corrigan & Bachrach, LLP 1727 NW Hoyt Street Portland, OR 97209 j and when so addressed, shall be deemed given upon deposit in the United States mail, j ' postage prepaid. In all other instances, notices, bills and payments shall be deemed given j at the time of actual delivery. Changes may be made in the names and addresses of the person to whom notices, bills and payments are to be given by giving written notice pursuant to this paragraph. All bills and payments shall be sent to the CITY's Finance Director. ® PERSONAL SERVICES CONTRACT - Page 7 I I 11. MERGER: This writing is intended both as a final expression of the Agreement between the parties with respect to the included terms and as a complete and exclusive statement of the terms of the Agreement. No modification of this Agreement shall be effective unless and until it is made in writing and signed by both parties. 12. TERMINATION WITHOUT CAUSE: i At any time and without cause, CITY shall have the right in its sole discretion, to terminate this Agreement by giving notice to CONTRACTOR. If CITY terminates the contract pursuant to this paragraph, it shall pay CONTRACTOR for services rendered to the date of termination. Termination by CITY must be done by motion of the City j Council 13. TERMINATION WITH CAUSE: i a. CITY may terminate this Agreement effective upon delivery of written notice to CONTRACTOR, or at such later date as may be established by CITY, under any of the following conditions: i. If CITY funding from federal, state, local, or other sources is not obtained and continued at levels sufficient to allow for the purchase of the indicated quantity of services. This Agreement may be modified to accommodate a reduction in funds. ii. If federal or state regulations or guidelines are modified, changes, or interpreted in such a way that the services are no longer allowable or appropriate for purchase under this Agreement. iii. If any license or certificate required by law or regulation to be held by ` CONTRACTOR, its subcontractors, agents, and employees to provide the I . services required by this Agreement is for any reason denied, revoked or not renewed. iv. If CONTRACTOR becomes insolvent, if voluntary or involuntary petition in bankruptcy is filed by or against CONTRACTOR, if a receiver or trustee is appointed for CONTRACTOR, or if there is an assignment for the benefit of creditors of CONTRACTOR. Any such termination of this Agreement under paragraph (a) shall be without prejudice to any obligations or liabilities of either party already accrued prior to such termination. PERSONAL SERVICES CONTRACT - Page 8 s i 14. b. CITY, by written notice of default (including breach of contract) to CONTRACTOR, may terminate the whole or any part of this Agreement: i. If CONTRACTOR fails to provide services called for by this Agreement within the time specified herein or any extension thereof, or ii. If CONTRACTOR fails to perform any of the other provisions of this Agreement, or so fails to pursue the work as to endanger performance of this Agreement in accordance with its terms, and after receipt of written notice from CITY, fails to correct such failures within ten (10) days or such other period as CITY may authorize. iii. If CONTRACTOR fails to eliminate a conflict as described in Section 11 of this Agreement. The rights and remedies of CITY provided in the above clause related to defaults (including breach of contract) by CONTRACTOR shall not be exclusive and are in addition to any other rights and remedies provided by law or under this Agreement. If CITY terminates this Agreement under paragraph (b), CONTRACTOR shall be entitled to receive as full payment for all services satisfactorily rendered and expenses incurred, an amount which bears the same ratio to the total fees specified in this Agreement as the services satisfactorily rendered by CONTRACTOR bear to the total services otherwise required or be performed for such total fee; provided, that there shall be deducted from such amount the amount of damages, if any, sustained by CITY due to breach of contract by CONTRACTOR. Damages for breach of contract shall be those allowed by Oregon law, reasonable and necessary attorney fees, and other costs of litigation at trial and upon appeal. ACCESS TO RECORDS: CITY shall have access to books, documents, papers and records of CONTRACTOR that are directly pertinent to this Agreement for the purpose of making audits, examinations, excerpts and transcripts. 15. CITY ATTORNEY BAR MEMBERSHIP/OCAA MEMBERSHIP REQUIREMENTS: City Attorney is responsible for maintaining City Attorney's professional standing as a member of the Oregon State Bar Association and the Oregon City Attorney's Association. PERSONAL SERVICES CONTRACT - Page 9 NON-WAIVER The failure of CITY to insist upon or enforce strict performance by CONTRACTOR of any of the terms of this Agreement or to exercise any rights hereunder, should not be construed as a waiver or relinquishment to any extent of its rights to assert or rely upon such terms or rights on any future occasion. 3 i I i 17 13 19. 20 2l ATTORNEYS'FEES In case suit or action is instituted to enforce the provisions of this contract, the parties agree that the losing party shall pay such sum as the court may adjudge reasonable attorney fees and court costs, including attorney's fees and court costs on appeal. GOVERNING LAW: I~ The provisions of this Agreement shall be construed in accordance with the provisions of f k the laws of the State of Oregon. Any action or suits involving any question arising under this Agreement must be brought in the appropriate court of the State of Oregon. 1 COMPLIANCE WITH APPLICABLE LAW: CONTRACTOR shall comply with all federal, state and local laws and ordinances, L applicable public contracts, and to the work to be done under this contract. - CONFLICT BETWEEN TERMS: It is further expressly agreed by and between the parties hereto that should there by any f conflict between the terms of this instrument in the proposal of the contract, this instrument shall control and nothing herein shall be considered as an acceptance of the said terms of said proposal conflicting herewith. AUDIT CONTRACTOR shall maintain records to assure conformance with the terms and conditions of this Agreement, and to assure adequate performance and accurate expenditures within the contract period. CONTRACTOR agrees to permit CITY, the State of Oregon, the federal government, or their duly authorized representatives to audit all records pertaining to this Agreement to assure the accurate expenditure of funds. PERSONAL SERVICES CONTRACT - Page 10 J77-7- 22. SEVERABILITY: In the event any provision or portion of this Agreement is held to be unenforceable or invalid by any court of competent jurisdiction, the remainder of this Agreement shall remain in full force and effect and shall in no way be affected or invalidated thereby. 23. COMPLETE AGREEMENT: I This Agreement and attached exhibits constitutes the entire Agreement between the G parties. No waiver, consent, modification, or change of terms of this Agreement shall bind I either party unless in writing and signed by both parties. Such waiver, consent, modification, or change if made, shall be effective only in specific instances and for the i specific purpose given. There are no understandings, agreements, or representations, oral or written, not specified herein regarding this Agreement. CONTRACTOR, by the signature of its authorized representative, hereby acknowledges that he has read this j Agreement, understands it and agrees to be bound by its terms and conditions. IN WITNESS WHEREOF, CITY has caused this Agreement to be executed by its duly authorized undersigned officer and CONTRACTOR has executed this Agreement on the date hereinabove first written. f I j By: Mayor CITY OF */C/-~ D ~By: / ~lit}y Manager Date: / 2- -7 77 i CONTRACTOR By: Pamela J. Beery PPlLTwar (L I Date: I I By: Timothy V. Ramis Date: SCOPE OF SERVICES A. CONTRACTOR will be responsible for CITY legal representation as authorized by the City Council and/or City Manager. Authorization to perform specific tasks will come from the Mayor, City Council, City Manager or other persons directly authorized by the Mayor, City Council or the City Manager. Pamela J. Beery will act as lead attorney. Timothy V. Ramis is referred to herein as the "City Attorney". f B. Unlass otherwise specified by the Mayor, City Council or the City Manager, CONTRACTOR will be responsible for: i. Legal aspects of general administration of CITY business, including preparing and providing legal opinions, assist with establishment of correct procedures, drafting and reviewing ordinances, resolutions, contracts, orders, agreements, and other t legal documents, and related tasks needed to support CITY personnel, the Council and Commissions. ii. Training of nonlegal personnel in the performance of legally related tasks in order to reduce legal expenses. iii. Regular attendance at City Council meetings and attendance at other municipal meetings on request. iv. Municipal Court prosecution. V. Review City Council packets and provide advice prior to meetings. Review Planning Commission packets when requested and provide timely advice prior to meetings. vi. Ensure that all current and future codes and ordinances are in compliance with state and federal laws, current and future. i C. Legal activities such as complex litigation and special project assignments which fall outside of the above categories, and which would include costs exceeding the projections of the City's budget for legal services, must be authorized by the City Council. City Attorney and the City Manager will regularly review the level of expenditures on legal services and will prioritize projects in order to stay within the budgeted amounts. u PERSONAL SERVICES CONTRACT - Page 12 AGENDA ITEM # FOR AGENDA OF CITY OF TIGARD, OREGON 7 COUNCIL AGENDA ITEM SUMMARY j i ISSUE/AGENDA TITLE Approval of Budget Adiuatment #9 for Buildincr Seruritty PREPARED BY: Wa DEPT HEAD OK -16A4V CITY ADMIN OK ISSUE BEFORE THE COUNCIL j 1 Shall the City Council approve a budget adjustment for improvements to ` building security for City Facilities? ? STAFF RECOMMENDATION j Staff recommends approval of the budget adjustment. INFORMATION SUMMARY Improvements to City Facilities to enhance security were not anticipated in the 1997/98 adopted budget. The full package of improvements recommended by staff amount to $80,800. In order to provide for these improvements, the budget must be adjusted. The adjustment is included in the attached resolution. OTHER ALTERNATIVES CONSIDERED None i 3 FISCAL NOTES Increases budget for general capital improvements by $80,800 and decreases! general fund contingency by $80,800. Ek CITY OF TIGARD, OREGON RESOLUTION NO. 97- A RESOLUTION APPROVING BUDGET ADJUSTMENT #9 FOR BUILDING SECURITY IMPROVEMENTS. 1 WHEREAS, The City Council desires to improve security at City facilities and such improvements were not j included in the 1997/98 adopted budget. i 1 NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council that: SECTION 1: Appropriations in the general capital improvements budget unit are increased by $80,800 and general fund contingency is reduced by $80,800. E day of 1997. Mayor - City of Tigard 1 11 1 1 AGENDA ITEM # FOR AGENDA OF 1219/97 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Hickox Greenway Donation PREPARED BY: Duane Roberts DEPT HEAD OK ®1; Should the city accept the donation of 3,805 square feet of riverside property. STAFF RECOMMENDATION Accept transfer of title to this property. Authorize the City Manager to sign the dedication agreement and i assignment of rights to the city on the city's behalf. The Hickox family has agreed to donate a small family-owned tract located along the Tualatin River below the wormer Thomas Dairy property. The wooded tract will provide access for the proposed future extension of the Tualatin River trail. Last month, Councilor Hunt led an on-site tour and discussion of the city's park and trail plans for two family members. The city's standard dedication agreement will be used to accomplish the transfer. The city attorney was consulted and approved the use of this document. OTHER ALTERNATIVE CONSIDERED Do not accept donation of the tract. f FISCAL NOTES The land will be dedicated to the city without charge. The family has requested the placement of a monument sign along the future trail recognizing the land donation. The city will need to pay a $50 lot line adjustment j application fee to the City of Tualatin to split off the property from the parent parcel located south of the river. Acceptance of the dedication by the end of the month will allow family members to receive a charitable tax deduction for 1997. is citywidc\sum\hick.do i AGENDA ITEM # FOR AGENDA OF December 9, 1997 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Award Contract for Tigard Police Department Addition and Remodel PREPARED BY: Greg Berms DEPT HEAD OK CITY MGR OK ISSUE BEFORE THE COUNCIL Award contract for construction of the Tigard Police Department Addition and Remodel and authorize the City E Manager to sign the contract. STAFF RECOMMENDATION Award the contract to the low bidder Woodburn Construction Company. INFORMATION SUMMARY _Qn November 20, 1997, eight bids were opened for the Police Department A ddition and Remodel. The bids are - follows: Woodburn Construction Co. Woodburn, OR $ 329.850.00 Michael J. Watt, Inc. Portland, OR $ 353,800.00 Russell Construction Portland, OR $ 357,860.00 Todd Hess Building Co. Portland, OR $ 372,000.00 VanLom Griffin General Contractor. Portland, OR $ 387,478.00 JMC Const. Clackamas, OR $ 399,865.00 Mackay Construction Portland, OR $ 423,100.00 Hartzell & Sons Milwaukie, OR $ 473,200.00 The low bidder has not been awarded a previous project with the City but has provided references that have j responded favorably. OTHER ALTERNATIVES CONSIDERED FISCAL NOTES The project is funded as a general capital improvement project. AGENDA ITEM # .5 ^ FOR AGENDA OF December 9. 1997 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE SW North Dakota Street Update PREPARED BY: A.P. Duenas DEPT HEAD OK C t°~ CITY MGR OK 1n ISSUE BEFORE THE COUNCIL Informational update on the traffic control revisions to SW North Dakota, and request for Council direction prior to construction implementation. STAFF RECOMMENDATION Staff recommends that City Council direct staff to proceed with the construction implementation of traffic control revisions to SW North Dakota Street. INFORMATION SUMMARY uring the past decade, traffic speeds and volumes have been serious issues on SW North Dakota Street 'Yetween 121' Avenue and Scholls Ferry Road. SW North Dakota Street is a minor collector currently serving as a bypass for regional traffic. The houses on both sides of the streets have direct access to the street creating major problems with access to and from the homes. Traffic islands installed in the street to slow traffic speeds i i are perceived to have introduced more problems than they solved. In July, 1997, City Council formed a task force to address the problems with the street and to make a recommendation to Council on proposed revisions! for implementation. The task force examined numerous options during the next few months and reported recommended traffic revisions to Council on October 14, 1997. Council approved the installation of the traffic revisions on that date and set a 6-month trial period after installation for evaluation and possible modifications. 1 The task force focused on revisions that would address both traffic volumes and traffic speeds. A key element in the recommendation is the installation of a traffic diverter at Springwood Drive to eliminate direct access to SW North Dakota Street by southbound traffic coming from Scholls Ferry Road. Other revisions include removal of the traffic circles and islands, installation of traffic islands to channelize the traffic flow to the center 24 feet of the street, two speed humps between 123rd Place and 125" Place, and a three-way stop at the intersection of SW North Dakota and Summercrest Drive. I The Engineering Department prepared the plans and specifications for the project, Then advertised for and opened bids on November 19, 1997. The low bid of $18,118.00 was submitted by Berning Construction. The contract includes everything except the two speed humps. In-house Public Works street crews will install the speed humps. Public Works estimates that their total cost per hump including materials and labor is $2,700.00. The total cost for the project is therefore $23,518.00, including the speed humps. The contract amount of .`J j f L~ ■rp i i $18,118.00 is less than $25,000.00; therefore Local Contract Review Board approval is not required. The total I project cost of $23,518.00 is still less than $25,000.00. Nevertheless, since this project was recommended by task force and approved by City Council, Council has requested a status update and the opportunity to provide further direction on the project. Notice of Award has been sent to Berning Construction. The signed contracts are expected back from the contractor in the next two weeks. Signature by City officials and Notice to Proceed will be withheld until after Council has had a status update and an opportunity to further discuss and provide final direction on the construction implementation. I! OTHER ALTERNATIVES CONSIDERED None ~ t is FISCAL NOTES F. The amount of $25,000.00 is budgeted in the FY 1997-98 Capital Improvement Program budget for the SW North Dakota Street traffic revisions. AGENDA ITEM # FOR AGENDA OF December 9, 1997 f CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Supplemental Budget I PREPARED BY: Wayne DEPT HEAD OK CITY MGR OK U t t ISSUE BEFORE THE COUNCIL Shall the City Council approve a supplemental budget for 1997/98? STAFF RECOMMENDATION Staff recommends approval of the supplemental budget as proposed. INFORMATION SUMMARY The adopted 1997/98 budget did not include an award or settlement in the Dolan litigation because the amount t and timing of such award or settlement was not known at the time of budget preparation. The purpose of this I supplemental budget is to provide adequate appropriations in the budget for the settlement of the Dolan case which is estimated at $1,500,000. has been determined that the general fund should be used to pay this obligation as no other funds are large c . enough nor are they logically related to the Dolan case. The 1997/98 adopted budget for the general fund did . not include this settlement, however, the general fund beginning balance for 1997/98 was substantially greater than the amount estimated in the budget. The supplemental budget recognizes the additional resource in the amount of $1,500,000 created by the increase in beginning fund balance and appropriates the additional amount in general capital projects to be used to pay the Dolan obligation. g i. k' Local budget law allows the adjustment of the budget in this way through the supplemental budget process. Because this adjustment is greater than 10% of the general fund adopted budget, the council must hold a hearing on the proposed supplemental budget. If 10 interested taxpayers request in writing within 10 days of the first notice of the hearing that the budget adjustment be reviewed by the budget committee, then the budget committee must be convened to hold the hearing. If no such request is made, the council may hold the hearing and adopt the supplemental budget. OTHER ALTERNATIVES CONSIDERED None FISCAL NOTES This supplemental budget increases resources in the general fund by $1,500,000 and increases appropriations by $1,500,000. This expenditure was anticipated in the Long Range Financial Plan. l AGENDA ITEM # 7-7 FOR AGENDA OF Dec. 9. 1997 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Quasi iudicial comprehensive plan may amendment review criteria PREPARED BY: Laurie Nicholson DEPT HEAD OK CITY MGR OK ISSUE BEFORE THE COUNCIL Staff initiated request to amend the adopted comprehensive plan text and zoning ordinance criteria for quasi- judicial plan map amendments. STAFF RECOMMENDATION Planning Commission has recommended approval of the proposed comprehensive plan amendment and zoning ordinance amendment. Staff recommends that the Council approve the proposed text language as it appears in Exhibit C. INFORMATION SUMMARY )n Feb. 18, 1997, Gary Coe of Speed's Towing formally requested that the City revise Tigard Comprehensive Plan Policy 1. 1.2 or delete reference to "mistake or change" in the plan (please refer to exhibit A). Mr. Coe was involved with the proposed comprehensive plan amendment for property located on SW Scholls Ferry Road and SW 135th. Council heard this land use request on Feb. 11, 1997 and denied the proposed comprehensive plan amendment. During Council's deliberations, there was discussion among Council members about what constituted a mistake or physical change. City Council, following Coe's request, asked that staff review the current criteria for quasi-judicial plan amendments (please refer to exhibit B). Staff agrees that the present language is vague and can be difficult to interpret. The proposed Shrader plan amendment, for example, demonstrated the issue with the present Tigard Comprehensive Plan language. The proposed comprehensive plan map amendment was denied by Council because it was interpreted that a change in policy does not represent a physical change. i The new language (please refer to exhibit C) will clarify what types of proposed changes merit a change to the comprehensive plan map. Questions have arisen regarding how this proposed comprehensive plan amendment would affect quality of life issues such as, cutting down trees and traffic. Quality of life is difficult to classify and quantify. What represents quality of life for one individual may not be the same thing to another. The City's visioning effort will consider issues of aesthetics and quality of life. The subject plan amendment would not affect development standards or how property develops. All development must meet minimal standards that are not affected by this proposal. The 1 ~ -w hnmuaae vveLM require- the a ant to A-nndrate that the prnpn-od nlan n endment will not have a o-c _q_.._ ..pp..G_ gnificant negative impact on public infrastructure such as, streets, sewer, and water quality. Existing Tigard Comprehensive Plan criteria can address issues of compatibility of proposed land use changes. Changes to Professional or General commercial require that the proposed commercial land use not be surrounded on more than two sides by residential development. The locational requirement for Community Commercial says that commercial development shall be limited to one quadrant of a street intersection. There is a requirement to buffer multi-family and industrial type developments from low-density land uses. All of these standards attempt to address quality of life issues The City Council could consider adding additional language stating that: "Demonstration that the proposed new land uses will be compatible with existing adjacent land uses and with future adjacent land uses as proposed in the comprehensive plan." This language is used in the City of Beaverton's comprehensive plan, as one of the criteria for quasi-judicial comprehensive plan amendments; however, I believe our existing locational criteria for the different land uses adequately addresses the compatibility of land uses. OTHER ALTERNATIVES CONSIDERED City Council could deny the proposed new text language. There are no fiscal impacts to consider. i .igwide.pa97-Olstu FISCAL NOTES STAFF REPORT CITY OF IrIGARD TO THE CITY COUNCIL FOR THE CITY OF TIGARD, OREGON 1. APPLICATION SUMMARY 1 CASE: FILE NAME: Quasi judicial comprehensive plan map amendment review criteria F' Comprehensive Plan Amendment/Zoning Ordinance Amendment CPA 97-0001/ZOA 97-0004 PROPOSAL: Request to amend the adopted comprehensive plan ' text and zoning ordinance criteria for quasi-judicial plan map amendments. APPLICANT: City of Tigard OWNER: N/A 13125 SW Hall Boulevard Tigard, Oregon 97223 ZONING DESIGNATION: All zoning designations LOCATION: Citywide APPLICABLE REVIEW r CRITERIA: Statewide Planning Goals 1, 2 and 12; Tigard Comprehensive Plan Policies 1.1.1 a., 2.1.1, 2.1.2, 2.1.3, 8.1.2. Community Development Code Chapter 18.30. j f II. STAFF RECOMMENDATION Staff recommends approval of the proposed ordinance amendments according to the findings found in Section I I I of this report . 111. BACKGROUND INFORMATION On February 18, 1997, Gary Coe of Speed's Towing formally requested that the City revise Tigard Comprehensive Plan Policy 1.1.2 or delete reference to "mistake or change" in the plan (please refer to exhibit A). As per Mr. Coe's request, staff reviewed the existing criteria and, with input from all of the Planning Division, staff drafted language that may clarify the requirements for a quasi-judicial plan map amendment. Mr. Coe stated his belief that the present criteria should be changed to allow flexibility in the quasi-judicial comprehensive plan map amendment process. The proposed change (please refer to Exhibit C) in the comprehensive plan text language would clarify what types of proposed quasi-judicial comprehensive plan amendments would merit a change in the designated comprehensive plan map. The new language would also require applicants to meet additional criteria by adding the requirement that applicants demonstrate that the proposed change will not have a significant negative impact on planned or existing infrastructure. IV. APPLICABLE REVIEW CRITERIA AND FINDINGS LCDC Goals: Goal 1 - Citizen Involvement. Notice of the hearings and opportunity for response was advertised in the local newspaper and request for comments were sent to all CITs, DLCD, and all other impacted agencies. ! Goal 2 - Land Use Planning. Adoption of implementation measures is provided for under Goal 2 and ORS 197. The proposed ordinance requirements fine-tune existing adopted and acknowledged ordinance requirements. Goal 12 - Transportation. Goal 12 requires a safe, convenient and economic transportation system. Specifically Oregon Administration Rule 660 Division 12 Chapter 060 on Plan and Land Use Regulation Amendments require that: "(1) Amendments to functional plans, acknowledged comprehensive plans, and land use regulations which significantly affect a transportation facility shall assure that allowed land uses are consistent with the identified function, capacity, and level of service of the facility." One of the requirements of the new criteria for quasi-judicial comprehensive plan map amendments will require that proposed amendments will not negatively impact existing or planned facilities. This new criterion will ensure that proposed comprehensive plan map amendments comply with Goal 12 of the statewide planning goals. In addition, a proposed comprehensive plan map amendment would have to comply with Goal 12, regardless of Tigard's comprehensive plan criteria for quasi-judicial plan map amendments. Comprehensive Plan Policies: 1.1.1 a. - This policy requires that legislative changes are consistent with statewide planning goals and the regional development plan. The findings above address i statewide goals. Metro was sent a request for comments. 2.1.1 - This policy requires an ongoing citizen involvement process. Notice of the proposed comprehensive plan amendmentlzoning ordinance amendment was sent to all the CIT's and was legally advertised. d 2.1.2 - This policy requires the opportunity for citizen involvement on planning efforts through the CIT process. The CIT notification process has been followed for this comprehensive plan amendment/zoning ordinance amendment request. I 2.1.3 - This policy requires that information on issues be available. The staff report and findings, and proposed ordinance have been available for review. 8.1.2 - This policy requires that the City coordinate with other local, state and federal jurisdictions. The City has requested comments from all appropriate agencies. None have commented in writing on the specific proposals as of this writing. Community Development Code: Chapter 18.30 - This code section establishes the procedures for legislative amendments to the Community Development Code. Please refer to Exhibit A of this staff report for the language that would be included in the Tigard Comprehensive Plan and Development Ordinance. V. OTHER STAFF COMMENTS The City of Tigard Engineering, and Planning, have reviewed this proposal and offer no comments specific to the proposal. VI. AGENCY COMMENTS As of the writing of this report, no agency comments have been received. PREPARED BY: I Laurie Nicholson Associate Planner 1 ~ • va,+i~.,a • Salem - ' Gladstone 'sham ~ • ~cincauvet ' 8ec"Hon • lake Oswego February 18, 1997 City of Tigard - , ••~saa,is_17_ , City Council Mayor Jim Nicoll, President Paul Hunt, Councilmen Brian Moore, Bob Rohlf, Koji Scheckla Fax: 6847297 Greetings: i would like to suggest a legislative amendment to the Tigard Comprehensive Plan. Policy 1.1.2 that incorporates the word 'mistake or change' should be deleted or modified in a way that makes changes of land use designations possible. The current City Council should have the flexibTty to change land use designations, instead of being bound b ' Y Pest City Council decisions. I was a resident of Tigard since annexation in about 1983 until September 1995. 1 still own a home at 11115 S.W. 135th near SchoII3 Ferry Rd., and was part of the Shrader application for a Plan Amendment to Community Commercial. The huge volumes of traffic and related noise on three sides make the land of little desire for a residence or for multifamily. The site is best suited for commercial use. Even with Tigard Planning Staff's recommendation and the Planning Commission's recommendation, City Council's hands were tied, since it is nearly impossible to j prove a 'mistake or change.' I respectfully request that the City Council members review Policy 1.1,2 and revise it to a more flexible and useful tool. Thank you for your consideration. Sincerely, G Coe President GC:sm MEMORANDUM CITY OF TIGARD j TO: Jim Hendryx t E FROM: Bill Monahan t DATE: February 24, 1997 j i. SUBJECT: Request of Gary Coe Attached is a letter from Gary Coe of Speed's Towing, proposing that Tigard Comprehensive _ Plan Policy 1.1.2 be reviewed. I suggested that we undertake this review in a recent follow- up memo from the February 11 Council meeting. Please review this proposal with your staff and identify the timeframe in which a review can be undertaken. Please advise me and also draft a letter to Mr. Coe, with a copy to Mayor Nicoli, indicating the timeframe for a review. If we need to wait for a window of opportunity because of our Code, let's do so with an explanation provided to Mr. Coe for the delay. Thanks for your assistance in this matter. WAM\jh attachment Exhibit C: Proposed Tigard comprehensive plan text Language additions will be underlined and deletions will appear with str*eouts. 2. The Community Development Code (C.D.C) shall provide quasi-judicial changes to the Comprehensive Plan Map which may be initiated by affected parties a seam -annual basis as they are submitted and approved if the City Council finds: I a. The change is consistent with applicable plan policies; b. A change of physical circumstances; or a change in adopted City of Tigard land ! use or transportation planning policy has occurred: or a change in regional land use or transportation planning policy has occurred: or the applicant can demonstrate that the proposed change can meet a community need• or c. A mistake was made in the original land use designation; and I ~L The proposed change will have no significant negative impacts on planned or existing public infrastructure. I AGENDA ITEM # U FOR AGENDA OF December 9. 1997 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE iOA 97-0005 Design Evaluation Team PREPARED BY: Nadine Smith DEPT HEAD OK / CITY MGR OK (11i-- ISSUE BEFORE THE COUNCIL t Should the City Council declare an emergency and approve amendments to the Development Code that would j create a Design Evaluation Team to consider adjustments from the design standards within the Tigard Triangle? 1 Further, if the Design Evaluation Team is approved, should the City Council authorize the City Manager to sign contracts for personal services for Design Evaluation Team members? STAFF RECOMMENDATION i Staff recommends that the Council declare an emergency, approve of the code amendments to create the DET, and authorize contracts for personal services for DET members. INFORMATION SUMMARY On March 11, 1997, City Council approved design standards for the Tigard Triangle that incorporate specific requirements for development within the Triangle. After several meetings with council and a workshop with design professionals from around the region, it was determined that City Council wanted to retain the standards and good design in the Triangle, but wished to allow flexibility on how this was achieved. To add flexibility to the standards while assuring good design, staff was directed by City Council to create a new process that provides an optional adjustment procedure that includes a new Design Evaluation Team. On November 17, 1997, the Planning Commission recommended that the City Council approve the code amendments to establish a Design Evaluation Team. OTHER ALTERNATIVES CONSIDERED j Do not add an option for a Design Evaluation Team. Agenda Item: Hearing Date: December 9, 1997 Time: 7:30 PM n STAFF REPORT CITY OFTIGARD TO THE CITY COUNCIL FOR THE CITY OF TIGARD, OREGON 1. APPLICATION SUMMARY CASE: PROPOSAL: APPLICANT: ZONING DESIGNATION LOCATION: APPLICABLE REVIEW CRITERIA: FILE NAME: Design Evaluation Team Zone Ordinance Amendment ZOA 97-0005 f Request to add code language to the Tigard Triangle design standards that provides a process for review of adjustments by a Design Evaluation Team. City of Tigard OWNER: N/A 13125 SW Hall Boulevard Tigard, Oregon 97223 f Commercial General (CG), Mixed Use Employment (MUE) Generally, south of Highway 99W, west of 1-5, and north of Highway 217. Statewide Planning Goals 1, 2; Tigard Comprehensive Plan Policies 1.1.1 a., 2.1.1, 2.1.2, 2.1.3, 8.1.2, Community Development Code g Chapters 18.30 and adopted design standards for the Tigard E Triangle. II. STAFF RECOMMENDATION Staff recommends approval of the proposed ordinance amendments according to the findings found in Section III of this report. III BACKGROUND INFORMATION On March 11, 1997, City Council approved design standards for the Tigard Triangle that incorporate specific requirements for development within the Triangle. After several meetings with Council and a workshop with design professionals from around the region, StaffReport City of Tigard!70A 47-0005 P~ye 7 t i c it was determined that City Council wanted to retain the standards and good design in the Triangle, but wished to allow flexibility on how this was achieved. To add flexibility to the standards while assuring good design, staff was directed by City Council to create a new process that provides an optional adjustment procedure that includes a new Design Evaluation Team. The Design Evaluation Team (DET) is intended to provide an early peer review in the i process when an applicant chooses to request an adjustment from the design standards for the Triangle. An applicant could meet with the DET prior to making official application I to the City for site development review to request an evaluation of any requested adjustment to the Triangle design standards. The DET would be a three person technical _ review committee made up of design professionals in the fields of architecture, landscape architecture and civil engineering. Their charge would be to evaluate a request for adjustment to the design standards to determine whether a request meets the purposes t of the design standards and meets the specific criteria for granting an adjustment. The recommendations of the DET would be included with the application submitted for site development and incorporated into the staff report submitted for Planning Commission review on a particular project. The Planning Commission would consider the recommendations of the DET as part of review of the project, and e~if r pt the v'' recommendations of the DET or modify them as they see fit. It should be noted that this procedure is the option of the applicant rather than meeting the design standards and it would be the responsibility of the applicant to pay all fees associated with the DET review. J A comparison of the existing process and proposed DET process is shown in Figure 1. The DET process shows the applicant submitting for DET review prior to holding a neighborhood meeting. It should be noted that at the applicants discretion, the neighborhood meeting could be held prior to meeting with the DET. This would allow applicant's to receive neighborhood comment prior to approaching the DET. ; IV APPLICABLE REVIEW CRITERIA AND FINDINGS i LCDC Goals: j Goal 1 - Citizen Involvement. Notice of the hearings and opportunity for response was advertised in the local newspaper and request for comments were sent to all CITs, DLCD, and all other impacted agencies. Goal 2 - Land Use Planning. Adoption of implementation measures is provided for under Goal 2 and ORS 197. The proposed ordinance requirements fine-tune existing adopted and acknowledged ordinance requirements. Comprehensive Plan Policies j Staff Report City of TigardiZOA 87-0005 Page 2 i 1. L ~ - Fi 1 u gure j I COMPARISON: Existing Development Review Process in Triangle with Proposed Design Evaluation Option PURPOSE: The purpose of the Development Review Process is to ensure that Development Code Standards and public facility requirements are addressed by each development plan. This is the same for an application within the City. A Design Evaluation process is being proposed as an option to strictly meeting the Design Review Standards of the Tigard Triangle for Triangle properties only. e t ft Design Evaluation Alternative Existing Process: Pre-application Conference Pre-Application Applicant decides to submit Neighborhood Meeting application to Design Evaluation Team (DET) in lieu of meeting Development Application Triangle Design Standards Submitted Applicant submits design to DET Development Application Reviewed including Triangle DET makes recommendation in 1 Design Standards I writing Notice of Decision made by Applicant holds Neighborhood Director or by Planning Meeting Commission if Planned Development Development Application submitted with DET report Project reviewed by Planning Commission at Public Hearing Planning Commission makes decision i t 1.1.1 a. - This policy requires that legislative changes are consistent with statewide planning goals and the regional development plan. The findings above address statewide goals. Metro was sent a request for comments and gave their support in the attached letter. 2.1.1 - This policy requires an ongoing citizen involvement process. A request for comments was sent to the East Citizen Involvement Team and was legally advertised. 2.1.2 - This policy requires the opportunity for citizen involvement on planning efforts through the CIT process. The CIT notification process has been followed for this zoning ordinance amendment request. , 2.1.3 - This policy requires that information on issues be available. The staff report and findings, and proposed ordinance have been available for review since November 5, 1997. I r o. 8.1.2 - This policy requires that the City coordinate with other local, state and federal jurisdictions. The City has requested comments from all appropriate agencies. Metro has sent a letter of support (see attached) No other agencies have commented in writing on I the specific proposals as of this writing. Community Development Code: Chapter 18.30 - This code section establishes the procedures for legislative amendments - to the Community Development Code. Tigard Triangle Design Standards i The provisions of the Tigard Triangle Design Standards have not yet been codified into the Development Code. The first two paragraphs of the introductory comments to the i provisions express the intent of the design standards. They are as follows: i "Design standards for public street improvements and for new development and i renovation projects have been prepared for the Tigard Triangle. These design standards address several important guiding principals adopted for the Tigard Triangle, including creating a high-quality mixed use employment area, providing a convenient pedestrian and bikeway system within the Triangle, and utilizing streetscape to create a high quality image for the area. All new developments, including remodeling and renovation projects resulting in non i single family residential uses, are expected to contribute to the character and quality of the area. In addition to meeting the design standards described below and other development standards required by the Development and Building Codes, developments will be required to dedicate and improve public streets, connect to public facilities such as sanitary sewer, water and storm drainage, and participate in funding future transportation and public improvements projects necessary within the Tigard Triangle." The proposal to modify the standards to allow flexibility under specific circumstances will continue to meet the goals and intent for the development of the Triangle, in that it Staff Report City of Tigard/ZOA 97-0005 Page 3 i ~ 7 i provides flexibility while still requiring excellent design treatment within the Triangle. The public process would remain much the same as exists today in that the applicant is still required to hold a neighborhood meeting and the City will still hold a public hearing on the proposal. The specific code language to be added after the existing Design Standards are indicated in attached Exhibit A. On November 17, 1997 the Planning Commission held a public hearing on the proposed j I amendments. At the conclusion of that hearing the Planning Commission recommended I that the amendments be approved with some modifications. Staff has included those I i modifications in Exhibit A. 3 V. OTHER STAFF COMMENTS The City of Tigard Engineering, Planning, and Public Works have reviewed this proposal and offer no comments specific to the proposal. VI AGENCY COMMENTS As of the writing of this report, staff has received comment from METRO that is attached. ~ .T 12/1/97 - PREPARED BY: Nadine Smith DATE Planning Supervisor j j j S[atT Keport ciiy oriigardFZ0A 97-0005 Page 4 V 6 0 0 NDe T N[ASI 4NAND AI IUUF 1 a D x.. AH U. petDOq 0,>,. „ fb it, 503 7 51 ,)00 ,Aa IOI ,5, I,9, V METRO Ms. Nadine Smith Planning Division c City of Tigard 111 13121 S.W. Hall Boulevard Tigard, OR 97223 ~ Dear Ms. Smith: f Re: Zoning Ordinance Amendment /ZOA) 97-0005 Design Evaluation Team Code Amendments i ! Thank you for the opportunity to comment on this proposed amendment to the City's Zoning Ordinance. Having been included in the City's committee drafting the Tigard Triangle Plan and 1 the Design Standards, we certainly appreciate the hard work the City has done and the complexity of the trade-offs that were made in this planning process. I The proposed Design Evaluation Team is a good planning tool for the City to meet its design goals I? and standards for the Triangle while providing an adjustment process for those instances where the Code did not anticipate obstacles. The Design Evaluation Team could function as a pro-active tool for the City to resolve conflicts arising from the design standards. ! f If the City finds this a successful tool, it could be used in other mixed use areas of the City, specifically, the town renter and the regional center. If you have any questions, please contact Mary Weber at 797-1735. Sincerely,/ John Fregonese Growth Management Services Director JF/M W/srb I:\GM\MW\TIGARD-2.D0C cc: Mary Weber t . ~ ille, i N1I ELER NAS1F -1~ 1! lL . - H Hagerr& & Carl s en LL P m_E.F :.EACH.-E.1--111 III o AT10eMEYe AT LAW 3E000.S. Ba-,LUT r, ` 111 S W F11h A eau i POM s•:d, OR 97104.3699 Steven F. Hill 16031 224 556y Admitted in Oregon and Washington 16031 22 1 0166 hills@millnash.com (503) 205.2456 d,-t 1- October 13, 1997 1 j Ms. Nadine Smith Planning Supervisor City of Tigard 9025 S. W. Center Tigard, Oregon 97223 Subject: Design Evaluation Team Code Provision Draft for Tigard Triangle Dear Ms. Smith: We represent Waremart, Inc., which owns and operates the CUB Foods store located on Dartmouth Avenue in the Tigard Triangle. We testified at the September 16, 1997, City Council meeting regarding the proposal to adopt a design evaluation process for development within the Tigard Triangle that cannot meet strict compliance with the new Tigard Triangle street and design standards. j i At that meeting, we encouraged the Mayor and City Council to recognize the unique impact that the new street and design standards have on the existing commercial development within the Triangle, including the CUB Foods facility. We noted that upon adoption of the new standards, the existing commercial developments within the Triangle became nonconforming developments under Tigard's code. We addressed the need for special recognition of these unique interests in any future process adopted by the Council. It was my understanding, based upon these discussions, that the Mayor and City Council expected the staff to include in the design evaluation process provisions responding to the nonconforming development issue created when the new standards were adopted earlier this year. Unfortunately, the proposal dated October 3, 1997, not only does not reflect the unique issues relating to the existing commercial development within the Triangle, but fails to put forth any provisions to accommodate such nonconforming I development in the event of partial or total damage to the structure by fire or other causes beyond the control of the owner. In order to respond to the concerns of Waremart and the other existing commercial developments within the Triangle, we had proposed in our letter dated August 26, 1997, adopting special rules for nonconforming structures which are substantially 1 1 ~ . l - n c l....y_ lJ..t M,.~R S:.:fll:.itl Ll> ATT OPN EY! AT lAW ' ~ Ms. Nadine Smith -2- October 13, 1997 I destroyed by casualty. We pointed out that there was precedent in the Metro area for a provision that allows the pre-existing development to redevelop, utilizing the same site plan (regarding building footprint and profile) that was used at the time of the initial development. 1 The City of Portland, in its nonconforming situations section of its code (chapter 33.285), adopted the following language: "E. Loss of nonconforming development status. "2. Destruction. When a structure which has nonconforming elements is removed or intentionally destroyed, replacement structures and other nonconforming development must comply with the development standards of { the base zone. When a structure which has nonconforming elements is partially or totally damaged by fire or other causes beyond the control of the owner. the structure may be rebuilt using the same structure footprint. An adjustment is required to allow the replacement structure to be more out of compliance with the development standards than the previous structure." We recommend adoption of a similar standard in Tigard's Municipal Code, at least with regard to the commercial development that is subject to the new Tigard Triangle design standards. Waremart has other concerns regarding the process and the proposed purpose statements identified in your memorandum dated October 3, 1997. We are unable, however , to detail our concerns and provide suggestions for modification of the process and purpose statements by October 15, 1997. Therefore, we intend to submit additional written materials a week or so prior to the Planning Commission meeting scheduled for November 17, 1997 r , so that Staff, the Commission, and other stakeholders will have an opportunity to review our comments prior to the hearing. t~ Very truly yours, 5 , ` 41~ Jl ~ tth Steven F. Hill cc: Mr. Paul Simmons i _ I f T-1 79 P 01103 f-691 STOEL RIVES LLP ATTORNEYS STANDARD INSURANCE CENTER geo SW FIFTH AVENUE, SUITE 2300 PORTLAND, OREGON 47204-1268 Telephone (503) 224-3380 Fez (S03) 1261480 i Name: Fax No. CowpQny/P.rw- office No. _ TO: Nadine Smith (503) 654.7297 City of Tigard Community (503) 6394171 Development Pete Galllns (206) 204-5158 Eagle Hardware & Garden (206) 227-5746 Mark Weisman (206) 322-1799 Wellman Design Group (206 322-1732 John Hallstrom (206) 455-9351 Scouzo/Hallstrom Architects (206) 453-3203 Tom Sconzo (206) 455-9351 Sconzo/Hallstrom (206) 45S-3203 Architects Steve Hill 224-0155 Miller Nash Wiener 224-5858 Rec. Bly 224-0155 Muter Nash 224-5858 Pam Beery 243-2944 O'Donnell Ramis, et al. 2224402 Name: Sender's Direct Dial: FROM: Michael C. Robinson (503) 294-9194 Client: 21097 Matter: 6 - DATE: October 29, 1997 No. of Pages (including this cover): 3 Originals Not Forwarded Unless Checked: 7 First Class Mail F-~ Overnight Delivery Hand Delivery In case of error call the fax operator at (503) 294-9508. This facsimile may contain co4fidential igformation that is protected by the attorney-client or work product privilege. tf the reader of this message is not the intended recipient or an employee responsible for delivering the facsimile, please do not distribute this facsimle, notlly us Immediately by telephone, and ranim this facsimile by mail. Thank you. COMMENTS: Please sec attached . f, 11 ! VIA FACSIMILE 1 1 Ms. Nadine Smith City of Tigard Community Development Department 13125 SW Hall Boulevard Tigard, OR 97223 Re: Design Evaluation Team Code Provision Draft Dear Nadine: T-1 T9 P.02/03 F-691 MICHAEL. C. ROaWNSON Direct Did (503) 294-9194 email mcrobimn6stael.com Shown below are additional comments on the draft Design Evaluation Team Code amendment that you faxed to me on October 20. I have two remaining issues, both related to provisions in Section (C), "Review Process". Also, please provide me with any written comments or notes of phone conversations that you have from others, including but not limited to, Lloyd Lindley, Metro, DLCD and ODOT. 1. Subsection (C)(3). This subsection provides: "Upon acceptance of a complete application and deposit, the applicant will receive a review date for DET work session." Who will determine what constitutes a complete application at the pre-application stage? Further, how will it be possible to prepare a complete application at the pre-application stage, which is prior to formal submittal to the City, and which may result in changes to the application? My client is concerned that this requirement will have several had results. First, it will mean that the application may be revised two or three times, adding significant costs to the 5032202480 STOEL RIVES «N A T T O R+ F. Y S STANDAKD INSURANCE CENTEK •bU SW FI IH A~EN E. SUITE 2300 rORTLAND. UKECON V7204-12. Ph or:r f50312_'♦•5MO rai (3N1]]o 2rt TDD (5X3)2'1.1045 Inkrn.cw -w lcom October 29, 1997 OCT 29 '97 14:43 FROt1:STOEL RIVES 5 032202480 T-179 P.03/03 F-691 STOEL RIVES «r Ms. Nadine Smith October 29, 1997 Page 2 application process. Secondly, a wrangle over completeness will add extra time to this process. Finally, this process ought to focus on good decision, not the technicalities of completeness. I think that a better alternative would be the following language: "Upon acceptance of a draft application and deposit, the applicant will receive a review date for DET work session. The work j session shall be scheduled within 14 days of the application and t a deposit." Another acceptable alternative regarding completeness would be to require a complete ' application concerning the design evaluation elements only, but not a complete application for all approval criteria at this stage. 2. Scctio (C)(S). This section provides that the Planning Commission must evaluate the development's ' and design plan s consistency with the DET recommendations and the Tigard Triangle Design Standards. As we pointed out to you in our last meeting, the DET recommendations are a staff report. There is no requirement in either the Tigard Community Development Code or state law requiring an application to be consistent with a staff recommendation. ORS 227.173(1) provides that a decision on a permit is based on standards and criteria in the Code. A staff report is only the staffs view of the criteria, not a criterion itself. An acceptable revision is to t delete the words "with the DET recormendations and *"i" from this subsecrion. I would like to receive a copy of the staff report which is due on November 10 for the Planning Commission hearing on November 17. Also, please let me know how your meetings with Metro, ODOT and DLCD have gone. Very truly yours. Michael C. Robinson I MCRaxh i cc: Mr. Pete Gallina (via facsimile) Mr. Mark Weisman (via facsimile) Mr. John Hallstrom (via facsimile) Mr. Tom Sconzo (via facsimile) Mr. Steve Hill (via facsimile) Mr. Rece Bly (via facsimile) Ms. Pamela J. Beery (via facsimile) - - ; 1 PDXIA-98311.1 21077-1006 - . - From RBR Incor o at d p r e I -,1 a TELECO f I O SIS'~~ DATE: / TO: AlrA l IA Ci l _ CITY/STATR _ TELEPHONE 1l PAGES: SUBJECT: peS~c,I 7 J SPECIAL INSTRUCTION: j, PROM: GORDON S. MARTII l I {j f PHONE No. 503 620 1842 " Oct. 15 1997 4:36PM P01 r l i ~ i MR Incorporated 076S .M. 7211d Avenue 'riprd, Oregon 97223 Phone: (503) 620.2477 is/Mcu,ige: (503) 620-1842 - R TRANSMISSION COVER S112137, _ •rlrl ls: -.__nM / Al L. q / nn - y CONFIRM: Lh c~ UllING COVE12 S11LL'1') E i f i 1 1 i From RBR Incorporated PHONE No. : 503 620 1642 ABR Incorporated 12265 S.W. 72nd Avenue Tigard, Oregon 97223-8604 Phone: (503) 620.2477 Pax/Voice mail (503) 620.1842 September 23, 1997 n_. ,r ,or~~ ~ ,.corn one Mayor and City Council City of Tigard 13125 S.W. Hall Boulevard Tigard, OR. 97223 RE: Development Evaluation Tcam for the 'rgard Triangle Dear Mr. Mayor and City Council: After considering the Staff's proposal for it Development Evaluation 'ream (DET) to review developments in the Triangle that do not incct the Triangle Design Standards as specifically interpreted by the staff, I have the following concerns: 1. If the DET is to be made up of city sinff and consultants there is no reason to believe that the design standards will be interpreted any diffcrcutly than they have been in the last six months. The staff is trained to interpret the standards and codes exactly as written. The fact that Eagle Hardware and rri•County Center eamtot meet, under any circuutstanccs, certain critical design standards under staff's interpretation is evidence that flexibility and original intent are not being considered. Furthermore, when future gcncratiuus of city staff members and consultants are reviewing projects as part of the DE'T process, they will uut have the benefit of current discussions, or the ktuwledgc and understanding of the problems we fire currently facing with the design standards. Under these circumstances, the design standards will lx conic increasingly impossible to nicct. 2. If there is to be a DF.T to evaluate projects, then flexibility criteria must be established which grants the DET tlic authority to interpret the standards with flexibility and to consider intent. Adoption of the fulluwiug five points of flexibility and clarification will allow proposed and future developments to conic closer to meeting the design standards. A. Topography and Environmental Flexibility. Tlicse universal flexibility criteria were nriTinally.rcltresented,;tttsliulsuslGd to be aunt rd to aL1 the deoien standard . cTopography and environmental flexibility was to allow exemptions from the design standards where topography, barriers such as railroads or freeways, or environmental constraints such as major streams and rivers, prevent the projects from meeting the standards. + From ABR Incorporated PHONE N 5 3 i i o. 0 620 1842 Oct.15 1997 4:37Ptl P03 Mayor and City Council September 23, 1997 page 2 B. Building setback. The 0-10 trot building setback is for Major and Minor Arterials only. ' C. Street circulation. Under the 1'crfor mace Option the "point of local origin" for vehicles is at the street, and at the entrance door 1'or pedestrians. The straight line distance is uicasuied from the point of local origin to the collector or greater i fncility by a straight line ignoring structures. 1} t c 1). Building facade. The 30U foot building facade limitation between or through i the buildings is for emergency exit only as originally represented. I . ~ E. F.xlsthtg Development Conformance. All new development is subject to the design standards and DBT review, however, existing improvements on approved i developments arc not subject to the design standards. New development is defined as buildings or impruvcntcuts placed on undeveloped ground, or radical redesign of existing, developments. 3. Considering the property owners to be the only constant throughout the years of p^,/ planning for development in the Triangle, it is only logical to have the DP,T matte up entirely 01' property owners wlar were task force mcmbcrb. All task force mcmbcrs have a vested interest to the Triangle and have the most to gain if the intent of the I design standards are intplcuiwucd. Furthermore, the task force members are the most knowledgeable concerning implcuncutation and Intent of the standwda. Most impurtantly, the task t'oree members have demonstrated continuing long term interest in seeing to it that the design standards arc properly and equitably implemented. Sincerely, Guidon S. Martin I i j + i j 1 t t ' t 5036849189 CASHS RLTY FAX TRANSMISSION COVER SHEET PLEASE DF IVER THE FOLLOWING TOt NAME- F ? LOCATION: FROMs RE: DATE: • •3~ y 4? -TIME i NUMBER OF PAGES(includinq cover sheet)t2..- _ If you do not receive all of the herein described material, - - telephone immediately tot please j Business Phones (503) 639-4137 CASHS RLTY REAL ESTATE & BUILDING SERVICE 12525 S.W. Main Street October 13, 1997 I Nadine Smith Long Range Planning j City of Tigard Fax: 684-7297 I am a Task Force member representing Don Pollock because of his absence from the area. I feel the Task Force should be DET (Development Evaluation Team) due to the following reasons: (1) The time & energy put into the project. (2) Most have vested interest in the area and want to see a plan that works. r \ (3) Seems that the group is most knowledgable. J Thank you, { Gerald C. (Jerry) Cach j i CASH'S RLTY INC. I' I i I cc: Don Pollock I - i ] 1 i i 1 I i ~3 j ae,e , MILLER TNAS RECD NOV 21 1997 f i H LL Hagerr& & Ca Carlsen ~w r.rurn ,.r;,n v.si.rn aeennursen uo I ♦TTOR NEY. AT uw 350D U.S 6aieop Toner l1t S.W plth A<n e Portlaid. OR 3r20M1 36T) Stevan F. Hill 15031 22-1 5958 _ Admitted in Oregon and Washington 031 224 01551- hills@millnash.com (503) 205-2456 d,r..t rn. _ , yore i a.,. November 14, 1997 k j Mr. Nick Wilson, Chair City of Tigard Planning Commission 13125 S. W. Hall Boulevard I Tigard, Oregon 97223 Subject: ZOA 97-0005, Design Evaluation Amendments Dear Mr. Wilson: - We represent Waremart, Inc. ("Waremart"), which owns and operates the CUB Foods store located on Dartmouth Avenue in the Tigard Triangle. In addition, we represent the Tigard-Tualatin School District, which currently owns the Phil Lewis School site at the comer of 72nd Avenue and Highway 217, also within the Tigard Triangle. On behalf of our clients, we have been actively involved with the City of Tigard's process to ensure that there is flexibility with the Tigard Triangle design standards, especially as they apply to the area zoned Commercial General ("CG") within the Triangle. While we continue to believe that some of the Tigard Triangle design standards are inappropriate for application in the CG-zoned areas, we appreciate the efforts of the City to create a process to instill flexibility into the standards. i Both of our clients are willing to accept the Design Evaluation Team ("DET") concept for obtaining adjustments where strict compliance with the design standards is either impossible or extremely difficult. Our clients, however, have both procedural and substantive concerns regarding the following aspects of the adjustment process that will be used by the DET: 1. The nonconforming structure exemption should be set out in a separate 1 provision with reference to the provisions of the Tigard Development Code ("TDC") f for nonconforming structures. 2. The DET adjustment process is subject to the statutory 120-day rule I because the adjustment process meets the statutory definition of a "permit." t j I LLER I NAS ]H[ 1,.1-1-l,'.[r.f H. ru6rcnt.5iiiiy ATTORNEYS AT LAW - Mr. Nick Wilson, Chair -2- November 14, 1997 I 3. The applicability of Approval Criteria no. 2 is not sufficiently clear. 4. The purpose statements for the Tigard Triangle design standards are, in effect, approval criteria and therefore should be adopted consistent with the TDC's provisions regarding legislative amendments. Nonconforming Structure Exemption j Waremart appreciates the City's recognition that existing development within the Triangle has been uniquely impacted by the adoption of the Tigard Triangle design i standards. Waremart also appreciates the City's attempt to respond to its concerns by i including an apparent exemption from the DET adjustment process when a nonconforming i structure, such as the CUB Foods facility, is either partially or totally damaged by fire or other causes beyond the control of the owner. Waremart is concerned, however, that the mere inclusion of this apparent exemption in the proposed purpose statement is insufficiently developed to be an effective exemption from this process. Waremart therefore suggests that the exemption be separately set out in Section 18.620.090, with specific reference to the applicable provisions of the TDC (Chapter 18.132) dealing with nonconforming situations. Compliance With 120-Day Rule II From the structure of the DET concept it appears that the City believes that ! design evaluation review can occur wholly outside the statutory 120-day rule in ORS ' 227.178. This is inconsistent, however, with the statutory requirement that the governing body of a city must take final action on an application for a "permit" within 120 days after the application is deemed complete. ORS 227.178(1). I When a party requests an adjustment under the proposed DET provisions, that !l party is, in effect, requesting a "permit," just as a variance granted pursuant to TDC Chapter 18.134 is considered a "permit" under state law. Therefore, the decision whether to grant or deny a party's application for an adjustment to the Tigard Triangle design standards is subject to the statutory 120-day rule. i Our clients' main concern with regard to this issue is that the proposed DET process can cause substantial delay to a development project. If the City, however, was willing to establish strict time frames for how th e process was to proceed, our clients would be less concerned about the implications of the statutory 120-day rule. Therefore, we suggest that the City include a requirement that the design evaluation review hearing be conducted within 14 days after a party's application for design evaluation review is complete. I i J I r I I m I ]L,1LER INAS I i.. ~i .ft f1 '~S.%✓~~:: 1'3` ATTORNEYS AT LAW Mr. Nick Wilson, Chair - 3 - November 14, 1997 This would limit the time for such review to a maximum of 44 days (14 days to schedule the meeting + 30 days for receipt of the recommendation = 44 days). Approval Criteria No. 2 Under proposed approval criteria no. 2, the applicant must show that its alternative design "will not significantly detract from the livability or appearance of an area and * * * will be consistent with the desired character of the area." Our clients are concerned that this is an entirely subjective criteria without any definition or direction from the Planning Commission or City Council with regard to the desired character of the area or what would "significantly detract from the livability or appearance of an area." There either needs to be some definition of these terms as they relate to the Tigard Triangle or some direction from the Planning Commission and City Council with regard to what they believe is the desired character of the area and what it means to significantly detract from the livability or appearance of an area. ll 3 Purpose Statements for the Tigard Triangle Design Standards The staff proposes to adopt the requisite purpose statements for the Tigard Triangle design standards through the planning director's interpretation process. Adoption of the purpose statements for the Tigard Triangle design standards is a critical piece of the DET adjustment process. It is these purpose statements that the DET will use to determine whether the applicant's alternative design is acceptable. In effect, these purpose statements are the approval criteria that the DET will use to evaluate a proposal. Therefore, the purpose statements should be adopted as part of the zone ordinance amendment, not through the planning director's interpretation process. Under TDC Chapter 18.12, the planning director is given authority to interpret terms, provisions, and requirements of the TDC. This authority does not extend to the ' adoption of purpose statements that will be used as the basis for evaluating an adjustment to the Tigard Triangle design standards. The adoption of these important purpose statements should be conducted through the City's standard procedure for legislative decision making (TDC Chapter 18.30). Because of the importance of these statements to the DET concept, the actual wording of the purpose statements should be closely scrutinized by the Planning Commission and City Council prior to adoption. The draft statements that were distributed by staff in its October 3, 1997, memorandum have given our clients great cause for concern. The so- called "purpose" statements attached to that memorandum are not truly purpose statements i but more accurately should be characterized as "vision" statements. Purpose statements I 1 i{ ARINAS !'llfW. 4~~ .YCi;tF. -1ST F"tE-i L:? .110 IN E Y! AT LAW - Mr. Nick Wilson, Chair -4- November 14, 1997 should explain the purpose and goal of the particular standard so that the applicant and the DET can objectively evaluate whether a particular alternative design meets the purpose of the original standard. The proposed purpose statements, however, do not provide any direction t for future review. For example, the proposed purpose statement for the building setback standard reads: t j "Buildings and investment in architecture is most conspicuous when it is visible from the street. The presence of buildings closely sided at the edge of the right of way creates an envelope for the street and a sense of permanence." This particular statement does not provide any direction or "purpose" for the building setback standard. How can the applicant ever assess whether its alternative proposal, which shows a setback of greater than ten feet, creates a "envelope" for the street or a "sense of permanence." These terms have no meaning and, therefore, provide no direction to the applicant or the DET. M Because of our considerable concerns regarding the language of these purpose statements, we request that the Planning Commission require the staff to include the proposed purpose statements in the Zone Ordinance Amendment. This would give the public and the Planning Commission an opportunity to review, comment, and revise the purpose statements ~I to accurately reflect the "purpose" of the design standard. J Waremart and the Tigard-Tualatin School District appreciate this opportunity 1 to comment on the proposed Zone Ordinance Amendment. While our clients generally support the DET concept, they believe that there are sufficient flaws in the proposed process that require your attention. Ve truly yours, t { Steven F. Hill I cc: Mr. Mike Robinson, Stoel Rives Mr. Paul Simmons, Waremart Dr. Russell Joki, Tigard-Tualatin School District f` t T-696 P 02102 r' 82T I MICHAEL C. RoawsoN Direct Dial (503) 294-9194 email mcrobinson®stoel.com { Mayor Jim Nicoli City of Tigard City Hall 13125 SW Hall Boulevard Tigard, OR 97223 Re: City of Tigard File No. ZOA 97-0005, Design Evaluation Team Code Amendments Dear Mayor Nicolai: This law firm represents Eagle Hardware and Garden, Inc. Eagle supports the proposed amendments to the Tigard Community Development Code implementing the Design { Evaluation Team adjustment process based upon the Planning Commission's recommended changes. Eagle believes that with these changes, this process will result in flexibility in the Tigard Triangle Design Guidelines while still maintaining the City Council's intent when it I~ adopted the Tigard Triangle Design Guidelines. I f We appreciate the assistance of your staff and Planning Commission in creating this i! Code provision. r i j Very truly yours, ^ . n :?32202480 STOEL RIVES LLN A T T O k S I Y 5 >Tnv;IArn I.\SLMANCC CENT t .t tv ! 1/7H At'CNUL SL IT° Z 'L. i DD tAlsga.IWi Internrr ws.wnu~:..~m November 19, 1997 CONTRACT FOR PROFESSIONAL SERVICES THIS AGREEMENT is entered into by the CITY OF TIGARD, Oregon (the "City"), 13125 SW Hall Boulevard, Tigard, Oregon 97223, and and professional services described below to be rendered by (as a member of the "Design Evaluation Team" ("D.E.T.")), as an employee of WHEREAS, City law provides for appointment by the City Council of a Design Evaluation Team member to make recommendations on certain requests for adjustments in the f Tigard Triangle; and ` WHEREAS, the City has determined that is qualified to act as a member of the f Design Evaluation Team; NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS: 1. Design Evaluation Team Member Duties. receive from and examine a. The Design Evaluation Team member agrees to available information, prepare written recommendations and conclusions in - accord with adopted City plans and ordinances, and make recommendations that are clear, complete, internally consistent, and factually accurate. The D.E.T. member agrees to deliver one original or camera-ready copy of each recommendation to the City. b. The D.E.T. member agrees to comply with all requirements, including time limits, of the laws of the City. C. The D.E.T. member agrees that he/she will accept all requests for adjustment scheduled by the City, or notify the City as soon as practical prior to the meeting date of his/her inability to attend the meeting. d. The D.E.T. member agrees to disqualify himself/herself regarding any request if he/she has a conflict of interest as defined by State law and by City Code and policy with parties to that request, and to notify the City in writing as soon as practical prior to the meeting date of such disqualification. DESIGN EVALUATION TEAM MEMBER CONTRACT - PAGE 1 e. The D.E.T. member agrees to submit to the City monthly itemized statements for services broken down by case number and by activity. All statements shall be submitted to: ' Director of Community Development i j City of Tigard 13125 SW Hall Blvd. Tigard, OR 97223 ' and shall be consistent with the terms and limitations of this agreement. 4 f. The D.E.T. member shall comply with all applicable federal, state and local i laws, rules and regulations on nondiscrimination in employment because of race, color, ancestry, national origin, religion, sex, marital status, age, medical condition or handicap. g. The D.E.T. member hereby releases to the City any and all rights to work products created under the Contract. h. The D.E.T. member agrees to recommend an available replacement D.E.T. member subject to approval of the City Administrator and the provisions of this contract whenever conflicts of schedule, sickness, or other good cause occur. i 2. City Duties. a. The City agrees to pay $90 per hour for the D.E.T. member's labor, including time spent preparing for a meeting, visiting the sites for which j requests for adjustments are made, conducting the meeting and writing the ` decision. b. The City agrees to pay the D.E.T. member the following amounts for the following direct expenses to the extent committed in the course of fulfilling the D.E.T. member's duties under the Contract. (1) Mileage at the rate of thirty-one cents (310) per mile. ttI i - (2) Photocopying at the rate of ten cents (10¢) per page for in-house copies, and actual charges for out-of-house copies as billed. i DESIGN EVALUATION TEAM MEMBER CONTRACT - PAGE 2 I i (3) Long distance telephone charges in the actual amount billed by the phone service. (4) Clerical services at a rate of twenty-five dollars ($25) per hour. (5) Facsimiles at a rate of fifty cents (50¢) per page. C. The City agrees to pay the D.E.T. member for labor and direct expenses within 30 days after receipt of the itemized statement, except such amounts as the City disputes may be withheld pending settlement, or else be subject to interest of 1.5% per month (18% APR). The City certifies that sufficient funds are available and authorized for expenditure to finance costs of this Contract. d. The City agrees to provide the D.E.T. member with copies of all City documents relevant to the work called for and will make available and help coordinate meetings by the D.E.T. with City and other officials whose knowledge and experience is relevant to his/her duties. e. The City agrees to designate the Director of Community Development as the City's liaison staff for the D.E.T., and that person will be the primary official responsible for coordinating the D.E.T. duties with the City. 'r f. The City agrees to schedule all meetings in consultation with the D.E.T. and to provide the facilities for the conduct of meetings, including a room, appropriate furniture and, if appropriate, recording equipment. 3. Stat us of Design Evaluation Team member as Independent Contractor. a. Services of the D.E.T. member shall be provided under the general supervision of the Director of Community Development or his or her designee, but the D.E.T. member shall be an independent contractor for all purposes and shall be entitled to no compensation other than the compensation provided for under paragraph 2 of this Contract. b. In the event the D.E.T. member is to perform the services described in this Contract without the assistance of others, the D.E.T. member agrees to file a joint declaration with the City to the effect that its services are those of an independent contractor, as provided under Chapter 864, Oregon laws 1979. C. The D.E.T. member acknowledges that, for all purposes related to this Contract, it is and shall be deemed to be an independent contractor and not an employee of the City, and shall not be entitled to benefits of any kind to which an employee of the City is entitled, and shall be solely responsible for DESIGN EVALUATION TEAM MEMBER CONTRACT - PAGE 3 l all payments and taxes required by law. In the event that the D.E.T. member is found by a court of law or any administrative agency to be an employee of the City for any purpose, the City shall be entitled to offset compensation due and to demand repayment of any amounts paid to the D.E.T. member under the terms of this Contract, to the full extent of any benefits or other remuneration the D.E.T. member receives (from the city or a third party) as a result of said finding and to the full extent of any payments that the City is required to make (to the D.E.T. member or to a third party) as a result of said finding. j d. Not withstanding the D.E.T. member's status as an independent contractor, the City shall provide liability insurance covering the D.E.T. while it is acting within the scope of D.E.T. duties for the City, as provided in Section 1 herein. e. The D.E.T. member represents that no employee of the City of Tigard or any partnership or corporation in which a City employee has an interest or will receive any remuneration of any description from the D.E.T. member, either directly or indirectly, in connection with the letting or performance of this Contract, except as specifically declared in writing. f. The D.E.T. member is not an active member of the Oregon Public Employees Retirement System and is not employed for a total of 600 hours or more in the calendar year by any public employer participant participating in the Retirement system. 4. Term and Renewal. This Contract shall be effective December 9, 1997, and shall have an initial one- year term and, thereafter, shall be automatically extended for additional one-year terms unless the City provides the D.E.T. member with a written notice of non- renewal at least thirty (30) days before the end of any given contract year. 5. Cancellation. i This Contract may be canceled by either party upon forty (40) days' written notice to the other party, provided the City agrees to pay for services rendered and expenses incurred by the D.E.T. member in the performance of his/her duties pursuant to this Contract before the expiration of the 40 days and termination of the Contract. 6. Applicable Law. This Contract will be governed by the laws of the State of Oregon. DESIGN EVALUATION TEAM MEMBER CONTRACT - PAGE 4 Its J 7. Complete Agreement. This Contract and any referenced attachments constitute the complete agreement between the City and the D.E.T. members and supersedes all prior written or oral discussions or agreements. i f ENTERED INTO THIS _ i FOR THE CITY OF TIGARD FOR City Attorney -i i i DESIGN EVALUATION TEAM MEMBER CONTRACT - PAGE 5 DAY OF